|
|
||||
| Public Act 095-0032 |
||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 11-9.4 as follows:
| ||||
(720 ILCS 5/11-9.4)
| ||||
Sec. 11-9.4. Approaching, contacting, residing, or | ||||
communicating with a
child within certain places by child sex | ||||
offenders
prohibited.
| ||||
(a) It is unlawful for a child sex offender to knowingly be | ||||
present in any
public park building or on real property | ||||
comprising any public park
when persons under the age of
18 are
| ||||
present in the building or on the grounds
and to approach, | ||||
contact, or communicate with a child under 18 years of
age,
| ||||
unless the
offender
is a parent or guardian of a person under | ||||
18 years of age present in the
building or on the
grounds.
| ||||
(b) It is unlawful for a child sex offender to knowingly | ||||
loiter on a public
way within 500 feet of a public park | ||||
building or real property comprising any
public park
while | ||||
persons under the age of 18 are present in the building or on | ||||
the
grounds
and to approach, contact, or communicate with a | ||||
child under 18 years of
age,
unless the offender
is a parent or | ||||
guardian of a person under 18 years of age present in the
| ||||
building or on the grounds.
| ||
(b-5) It is unlawful for a child sex offender to knowingly | ||
reside within
500 feet of a playground, child care institution, | ||
day care center, part day child care facility, or a facility | ||
providing programs or services
exclusively directed toward | ||
persons under 18 years of age. Nothing in this
subsection (b-5) | ||
prohibits a child sex offender from residing within 500 feet
of | ||
a playground or a facility providing programs or services | ||
exclusively
directed toward persons under 18 years of age if | ||
the property is owned by the
child sex offender and was | ||
purchased before the effective date of this
amendatory Act of | ||
the 91st General Assembly. Nothing in this
subsection (b-5) | ||
prohibits a child sex offender from residing within 500 feet
of | ||
a child care institution, day care center, or part day child | ||
care facility if the property is owned by the
child sex | ||
offender and was purchased before the effective date of this
| ||
amendatory Act of the 94th General Assembly.
| ||
(b-6) It is unlawful for a child sex offender to knowingly | ||
reside within
500 feet of the victim of the sex offense. | ||
Nothing in this
subsection (b-6) prohibits a child sex offender | ||
from residing within 500 feet
of the victim
if the property in | ||
which the child sex offender resides is owned by the
child sex | ||
offender and was purchased before the effective date of this
| ||
amendatory Act of the 92nd General Assembly.
| ||
This subsection (b-6) does not apply if the victim of the | ||
sex offense
is 21 years of age or older.
| ||
(c) It is unlawful for a child sex offender to knowingly | ||
operate, manage,
be employed by, volunteer at, be associated | ||
with, or knowingly be present at
any: (i) facility providing
| ||
programs or services exclusively directed towards persons | ||
under the age of 18; (ii) day care center; (iii) part day child | ||
care facility; (iv) child care institution, or (v) school | ||
providing before and after school programs for children under | ||
18 years of age.
This does not prohibit a child sex offender | ||
from owning the real property upon
which the programs or | ||
services are offered or upon which the day care center, part | ||
day child care facility, child care institution, or school | ||
providing before and after school programs for children under | ||
18 years of age is located, provided the child sex offender
| ||
refrains from being present on the premises for the hours | ||
during which: (1) the
programs or services are being offered or | ||
(2) the day care center, part day child care facility, child | ||
care institution, or school providing before and after school | ||
programs for children under 18 years of age is operated.
| ||
(c-5) It is unlawful for a child sex offender to knowingly | ||
operate, manage, be employed by, or be associated with any | ||
county fair when persons under the age of 18 are present.
| ||
(d) Definitions. In this Section:
| ||
(1) "Child sex offender" means any person who:
| ||
(i) has been charged under Illinois law, or any | ||
substantially similar
federal law
or law of another | ||
state, with a sex offense set forth in
paragraph (2) of | ||
this subsection (d) or the attempt to commit an | ||
included sex
offense, and:
| ||
(A) is convicted of such offense or an attempt | ||
to commit such offense;
or
| ||
(B) is found not guilty by reason of insanity | ||
of such offense or an
attempt to commit such | ||
offense; or
| ||
(C) is found not guilty by reason of insanity | ||
pursuant to subsection
(c) of Section 104-25 of the | ||
Code of Criminal Procedure of 1963 of such offense
| ||
or an attempt to commit such offense; or
| ||
(D) is the subject of a finding not resulting | ||
in an acquittal at a
hearing conducted pursuant to | ||
subsection (a) of Section 104-25 of the Code of
| ||
Criminal Procedure of 1963 for the alleged | ||
commission or attempted commission
of such | ||
offense; or
| ||
(E) is found not guilty by reason of insanity | ||
following a hearing
conducted pursuant to a | ||
federal law or the law of another state | ||
substantially
similar to subsection (c) of Section | ||
104-25 of the Code of Criminal Procedure
of 1963 of | ||
such offense or of the attempted commission of such | ||
offense; or
| ||
(F) is the subject of a finding not resulting | ||
in an acquittal at a
hearing
conducted pursuant to | ||
a federal law or the law of another state | ||
substantially
similar to subsection (a) of Section | ||
104-25 of the Code of Criminal Procedure
of 1963 | ||
for the alleged violation or attempted commission | ||
of such offense; or
| ||
(ii) is certified as a sexually dangerous person | ||
pursuant to the
Illinois
Sexually Dangerous Persons | ||
Act, or any substantially similar federal
law or the | ||
law of another state, when any conduct giving rise to | ||
such
certification is committed or attempted against a | ||
person less than 18 years of
age; or
| ||
(iii) is subject to the provisions of Section 2 of | ||
the Interstate
Agreements on Sexually Dangerous | ||
Persons Act.
| ||
Convictions that result from or are connected with the | ||
same act, or result
from offenses committed at the same | ||
time, shall be counted for the purpose of
this Section as | ||
one conviction. Any conviction set aside pursuant to law is
| ||
not a conviction for purposes of this Section.
| ||
(2) Except as otherwise provided in paragraph (2.5), | ||
"sex offense"
means:
| ||
(i) A violation of any of the following Sections of | ||
the Criminal Code of
1961: 10-7 (aiding and abetting | ||
child abduction under Section 10-5(b)(10)),
| ||
10-5(b)(10) (child luring), 11-6 (indecent | ||
solicitation of a child), 11-6.5
(indecent | ||
solicitation of an adult),
11-9 (public indecency when | ||
committed in a school, on the real property
comprising | ||
a school, on a conveyance owned, leased, or contracted | ||
by a
school to transport students to or from school or | ||
a school related activity, or
in a public park),
11-9.1 | ||
(sexual exploitation of a child), 11-15.1 (soliciting | ||
for a juvenile
prostitute), 11-17.1 (keeping a place of | ||
juvenile prostitution), 11-18.1
(patronizing a | ||
juvenile prostitute), 11-19.1 (juvenile pimping),
| ||
11-19.2 (exploitation of a child), 11-20.1 (child | ||
pornography), 11-21 (harmful
material), 12-14.1
| ||
(predatory criminal sexual assault of a child), 12-33 | ||
(ritualized abuse of a
child), 11-20 (obscenity) (when | ||
that offense was committed in any school, on
real | ||
property comprising any school, on any conveyance | ||
owned,
leased, or contracted by a school to transport | ||
students to or from school or a
school related | ||
activity, or in a public park). An attempt to commit | ||
any of
these offenses.
| ||
(ii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age: 12-13 (criminal
sexual | ||
assault), 12-14 (aggravated criminal sexual assault), | ||
12-15 (criminal
sexual abuse), 12-16 (aggravated | ||
criminal sexual abuse). An attempt to commit
any of | ||
these offenses.
| ||
(iii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age and the defendant is
not a | ||
parent of the victim:
| ||
10-1 (kidnapping),
| ||
10-2 (aggravated kidnapping),
| ||
10-3 (unlawful restraint),
| ||
10-3.1 (aggravated unlawful restraint).
| ||
An attempt to commit any of these offenses.
| ||
(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in | ||
clause (2)(i) of this subsection (d).
| ||
(2.5) For the purposes of subsection (b-5) only, a sex | ||
offense means:
| ||
(i) A violation of any of the following Sections of | ||
the Criminal Code of
1961:
| ||
10-5(b)(10) (child luring), 10-7 (aiding and | ||
abetting child abduction
under Section | ||
10-5(b)(10)), 11-6 (indecent solicitation of
a
| ||
child), 11-6.5 (indecent solicitation of an | ||
adult), 11-15.1 (soliciting for a
juvenile
| ||
prostitute), 11-17.1 (keeping a place of juvenile | ||
prostitution), 11-18.1
(patronizing a juvenile | ||
prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||
(exploitation of a child), 11-20.1 (child | ||
pornography), 12-14.1
(predatory criminal sexual | ||
assault of a child), or 12-33 (ritualized abuse of | ||
a
child). An attempt
to commit any of
these | ||
offenses.
| ||
(ii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age: 12-13 (criminal
sexual | ||
assault), 12-14 (aggravated criminal sexual assault),
| ||
12-16 (aggravated criminal sexual abuse), and | ||
subsection (a) of Section 12-15
(criminal sexual | ||
abuse). An attempt to commit
any of these offenses.
| ||
(iii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961, when the victim is a | ||
person under 18 years of age and the defendant is
not a | ||
parent of the victim:
| ||
10-1 (kidnapping),
| ||
10-2 (aggravated kidnapping),
| ||
10-3 (unlawful restraint),
| ||
10-3.1 (aggravated unlawful restraint).
| ||
An attempt to commit any of these offenses.
| ||
(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in this | ||
paragraph (2.5) of
this subsection.
| ||
(3) A conviction for an offense of federal law or the | ||
law of another state
that is substantially equivalent to | ||
any offense listed in paragraph (2) of this
subsection (d) | ||
shall constitute a conviction for the purpose of
this | ||
Section. A finding or adjudication as a sexually dangerous | ||
person under
any federal law or law of another state that | ||
is substantially equivalent to the
Sexually Dangerous | ||
Persons Act shall constitute an adjudication for the
| ||
purposes of this Section.
| ||
(4) "Public park" includes a park, forest preserve, or
| ||
conservation
area
under the jurisdiction of the State or a | ||
unit of local government.
| ||
(5) "Facility providing programs or services directed | ||
towards persons
under
the age of 18" means any facility | ||
providing programs or services exclusively
directed | ||
towards persons under the age of 18.
| ||
(6) "Loiter" means:
| ||
(i) Standing, sitting idly, whether or not the | ||
person is in a vehicle or
remaining in or around public | ||
park property.
| ||
(ii) Standing, sitting idly, whether or not the | ||
person is in a vehicle
or remaining in or around public | ||
park property, for the purpose of committing
or
| ||
attempting to commit a sex offense.
| ||
(7) "Playground" means a piece of land owned or | ||
controlled by a unit
of
local government that is designated | ||
by the unit of local government for use
solely or primarily | ||
for children's recreation.
| ||
(8) "Child care institution" has the meaning ascribed | ||
to it in Section 2.06 of the Child Care Act of 1969.
| ||
(9) "Day care center" has the meaning ascribed to it in | ||
Section 2.09 of the Child Care Act of 1969. | ||
(10) "Part day child care facility" has the meaning | ||
ascribed to it in Section 2.10 of the Child Care Act of | ||
1969.
| ||
(e) Sentence. A person who violates this Section is guilty | ||
of a Class 4
felony.
| ||
(Source: P.A. 94-925, eff. 6-26-06.)
| ||