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| Public Act 095-0820 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 11-9.4 as follows:
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(720 ILCS 5/11-9.4)
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(Text of Section after amendment by P.A. 95-640) | ||||
Sec. 11-9.4. Approaching, contacting, residing, or | ||||
communicating with a
child within certain places by child sex | ||||
offenders
prohibited.
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(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
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present in the building or on the grounds
and to approach, | ||||
contact, or communicate with a child under 18 years of
age,
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unless the
offender
is a parent or guardian of a person under | ||||
18 years of age present in the
building or on the
grounds.
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(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
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building or on the grounds.
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(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
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amendatory Act of the 94th General Assembly.
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(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
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amendatory Act of the 92nd General Assembly.
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This subsection (b-6) does not apply if the victim of the | ||
sex offense
is 21 years of age or older.
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(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
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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
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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.
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(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.
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(c-6) It is unlawful for a child sex offender who owns and | ||
resides at residential real estate to knowingly rent any | ||
residential unit within the same building in which he or she | ||
resides to a person who is the parent or guardian of a child or | ||
children under 18 years of age. This subsection shall apply | ||
only to leases or other rental arrangements entered into after | ||
the effective date of this amendatory Act of the 95th General | ||
Assembly. | ||
(d) Definitions. In this Section:
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(1) "Child sex offender" means any person who:
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(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:
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(A) is convicted of such offense or an attempt | ||
to commit such offense;
or
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(B) is found not guilty by reason of insanity | ||
of such offense or an
attempt to commit such | ||
offense; or
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(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
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or an attempt to commit such offense; or
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(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
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Criminal Procedure of 1963 for the alleged | ||
commission or attempted commission
of such | ||
offense; or
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(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
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(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
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(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
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(iii) is subject to the provisions of Section 2 of | ||
the Interstate
Agreements on Sexually Dangerous | ||
Persons Act.
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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
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not a conviction for purposes of this Section.
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(2) Except as otherwise provided in paragraph (2.5), | ||
"sex offense"
means:
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(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)),
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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),
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11-19.2 (exploitation of a child), 11-20.1 (child | ||
pornography), 11-20.3 (aggravated 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.
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(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.
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(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:
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10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
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(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in | ||
clause (2)(i) of this subsection (d).
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(2.5) For the purposes of subsection (b-5) only, a sex | ||
offense means:
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(i) A violation of any of the following Sections of | ||
the Criminal Code of
1961:
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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
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child), 11-6.5 (indecent solicitation of an | ||
adult), 11-15.1 (soliciting for a
juvenile
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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), 11-20.3 (aggravated 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.
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(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),
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12-16 (aggravated criminal sexual abuse), and | ||
subsection (a) of Section 12-15
(criminal sexual | ||
abuse). An attempt to commit
any of these offenses.
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(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:
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10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
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(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in this | ||
paragraph (2.5) of
this subsection.
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(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
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purposes of this Section.
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(4) "Public park" includes a park, forest preserve, or
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conservation
area
under the jurisdiction of the State or a | ||
unit of local government.
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(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.
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(6) "Loiter" means:
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(i) Standing, sitting idly, whether or not the | ||
person is in a vehicle or
remaining in or around public | ||
park property.
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(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
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attempting to commit a sex offense.
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(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.
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(8) "Child care institution" has the meaning ascribed | ||
to it in Section 2.06 of the Child Care Act of 1969.
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(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.
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(e) Sentence. A person who violates this Section is guilty | ||
of a Class 4
felony.
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(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, | ||
eff. 6-1-08; revised 10-30-07.)
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Section 10. The Landlord and Tenant Act is amended by | ||
adding Section 10 as follows: | ||
(765 ILCS 705/10 new) | ||
Sec. 10. Failure to inform lessor who is a child sex | ||
offender and who resides in the same building in which the | ||
lessee resides or intends to reside that the lessee is a parent | ||
or guardian of a child under 18 years of age. If a lessor of | ||
residential real estate resides at such real estate and is a | ||
child sex offender as defined in Section 11-9.4 of the Criminal | ||
Code of 1961 and rents such real estate to a person who does | ||
not inform the lessor that the person is a parent or guardian | ||
of a child or children under 18 years of age and subsequent to | ||
such lease, the lessee discovers that the landlord is a child | ||
sex offender, then the lessee may not terminate the lease based | ||
upon such discovery that the lessor is a child sex offender and | ||
such lease shall be in full force and effect. This subsection | ||
shall apply only to leases or other rental arrangements entered | ||
into after the effective date of this amendatory Act of the | ||
95th General Assembly. | ||
Section 15. The Illinois Human Rights Act is amended by | ||
changing Section 3-106 as follows: | ||
(775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 | ||
shall
prohibit:
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(A) Private Sales of Single Family Homes. | ||
(1) Any sale of a single
family home by its owner so | ||
long as the following criteria are met:
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(a) The owner does not own or have a beneficial | ||
interest in more
than three single family homes at the | ||
time of the sale;
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(b) The owner or a member of his or her family was | ||
the last current
resident of the home;
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(c) The home is sold without the use in any manner | ||
of the sales or
rental facilities or services of any | ||
real estate broker or salesman, or
of any employee or | ||
agent of any real estate broker or salesman;
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(d) The home is sold without the publication, | ||
posting or mailing,
after notice, of any advertisement | ||
or written notice in violation of
paragraph (F) of | ||
Section 3-102.
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(2) This exemption does not apply to paragraph (F) of | ||
Section 3-102.
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(B) Apartments. Rental of a housing accommodation in a | ||
building
which contains housing accommodations for not more | ||
than 4 families
living independently of each other, if the | ||
owner resides in one of the housing accommodations.
This | ||
exemption does not apply to paragraph (F) of Section 3-102.
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(C) Private Rooms. Rental of a room or rooms in a private | ||
home by
an owner if he or she or a member of his or her family | ||
resides therein or,
while absent for a period of not more than | ||
twelve months, if he or she or a
member of his or her family | ||
intends to return to reside therein.
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(D) Reasonable local, State, or Federal restrictions
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regarding the maximum number of occupants permitted to occupy a | ||
dwelling.
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(E) Religious Organizations. A religious organization, | ||
association,
or society, or any nonprofit institution or | ||
organization operated,
supervised or controlled by or in | ||
conjunction with a religious
organization, association, or | ||
society, from limiting the sale, rental or
occupancy of a | ||
dwelling which it owns or operates for other than a
commercial | ||
purpose to persons of the same religion, or from giving
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preference to such persons, unless membership in such religion | ||
is
restricted on account of race, color, or national origin.
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(F) Sex. Restricting the rental of rooms in a housing | ||
accommodation to
persons of one sex.
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(G) Persons Convicted of Drug-Related Offenses.
Conduct | ||
against a person because such person has been convicted by
any | ||
court of competent jurisdiction of the illegal manufacture or
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distribution of a controlled substance as defined in Section | ||
102 of the
federal Controlled Substances Act (21 U.S.C. 802).
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(H) Persons engaged in the business of furnishing | ||
appraisals of real
property from taking into consideration | ||
factors other than those based on
unlawful discrimination or | ||
familial status in furnishing appraisals.
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(H-1) The owner of an owner-occupied residential building | ||
with 4 or
fewer units (including the unit in which the owner | ||
resides) from making
decisions regarding whether to rent to a | ||
person based upon that person's
sexual orientation.
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(I) Housing for Older Persons. No provision in this Article | ||
regarding
familial status shall apply with respect to housing | ||
for older persons.
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(1) As used in this Section, "housing for older | ||
persons" means housing:
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(a) provided under any State or Federal program | ||
that the Department
determines is specifically | ||
designed and operated to assist elderly persons
(as | ||
defined in the State or Federal program); or
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(b) intended for, and solely occupied by, persons | ||
62 years of age or
older;
or
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(c) intended and operated for occupancy by persons | ||
55 years of age or
older and:
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(i) at least 80% of the occupied units are | ||
occupied by at
least one person who is 55 years of | ||
age or older;
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(ii) the housing facility or community | ||
publishes and adheres to
policies and procedures
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that demonstrate the intent required under this
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subdivision (c); and
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(iii) the housing facility or community | ||
complies with rules adopted by
the
Department for | ||
verification of occupancy, which shall:
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(aa) provide for verification by reliable | ||
surveys and affidavits;
and
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(bb) include examples of the types of | ||
policies and procedures
relevant to
a | ||
determination of compliance with the | ||
requirement of clause (ii).
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These surveys and affidavits shall be admissible in | ||
administrative and
judicial proceedings for the purposes | ||
of such verification.
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(2) Housing shall not fail to meet the requirements for | ||
housing for
older persons by reason of:
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(a) persons residing in such housing as of the | ||
effective date of this
amendatory Act of 1989 who do | ||
not meet the age requirements of subsections
(1)(b) or | ||
(c); provided, that new occupants of such housing meet | ||
the age
requirements of
subsections (1)(b) or (c) of | ||
this subsection; or
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(b) unoccupied units; provided, that such units | ||
are reserved for
occupancy by persons who meet the age | ||
requirements of subsections (1)(b)
or (c) of this | ||
subsection.
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(3) (a) A person shall not be held personally liable | ||
for monetary damages
for a violation of this Article if | ||
the person reasonably relied, in good
faith, on the | ||
application of the exemption under this subsection (I) | ||
relating
to housing for older persons.
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(b) For the purposes of this item (3), a person may | ||
show good faith
reliance on the application of the | ||
exemption only by showing that:
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(i) the person has no actual knowledge that the | ||
facility or community
is
not, or will not be, | ||
eligible for the exemption; and
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(ii) the facility or community has stated | ||
formally, in writing, that
the
facility or | ||
community complies with the requirements for the | ||
exemption.
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(J) Child Sex Offender Refusal to Rent. Refusal of a child | ||
sex offender who owns and resides at residential real estate to | ||
rent any residential unit within the same building in which he | ||
or she resides to a person who is the parent or guardian of a | ||
child or children under 18 years of age. | ||
(Source: P.A. 95-42, eff. 8-10-07.)
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