96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1294


 
Introduced 2/10/2009, by Sen. Louis S. Viverito
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/11-9.4









    Amends the Criminal Code of 1961.  Provides that it is a Class 4 felony for a child sex offender to knowingly be present at
any portion or area of a public library facility designated by the library's governing board of library trustees or by the library commission for use primarily by children under the age of 18, as well as any program in the public library facility directed towards children under the age of 18.
















LRB096 04618 RLC 14675 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB1294

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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
5
Section 11-9.4 as follows:
 


6
    (720 ILCS 5/11-9.4)


7
    (Text of Section after amendment by P.A. 95-983)
8
    Sec. 11-9.4. Approaching, contacting, residing, or 
9
communicating with a
child within certain places by child sex 
10
offenders
prohibited.

11
    (a) It is unlawful for a child sex offender to knowingly be 
12
present in any
public park building or on real property 
13
comprising any public park
when persons under the age of
18 are

14
present in the building or on the grounds
and to approach, 
15
contact, or communicate with a child under 18 years of
age,

16
unless the
offender
is a parent or guardian of a person under 
17
18 years of age present in the
building or on the
grounds.

18
    (b) It is unlawful for a child sex offender to knowingly 
19
loiter on a public
way within 500 feet of a public park 
20
building or real property comprising any
public park
while 
21
persons under the age of 18 are present in the building or on 
22
the
grounds
and to approach, contact, or communicate with a 
23
child under 18 years of
age,
unless the offender
is a parent or 
 


 






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guardian of a person under 18 years of age present in the

2
building or on the grounds.

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    (b-5) It is unlawful for a child sex offender to knowingly 
4
reside within
500 feet of a playground, child care institution, 
5
day care center, part day child care facility, day care home, 
6
group day care home, or a facility providing programs or 
7
services
exclusively directed toward persons under 18 years of 
8
age.  Nothing in this
subsection (b-5) prohibits a child sex 
9
offender from residing within 500 feet
of a playground or a 
10
facility providing programs or services exclusively
directed 
11
toward persons under 18 years of age if the property is owned 
12
by the
child sex offender and was purchased before the 
13
effective date of this
amendatory Act of the 91st General 
14
Assembly. Nothing in this
subsection (b-5) prohibits a child 
15
sex offender from residing within 500 feet
of a child care 
16
institution, day care center, or part day child care facility 
17
if the property is owned by the
child sex offender and was 
18
purchased before the effective date of this
amendatory Act of 
19
the 94th General Assembly. Nothing in this
subsection (b-5) 
20
prohibits a child sex offender from residing within 500 feet
of 
21
a day care home or group day care home if the property is owned 
22
by the
child sex offender and was purchased before August 14, 
23
2008 (the effective date of Public Act 95-821)
this
amendatory 
24
Act of the 95th General Assembly.

25
    (b-6) It is unlawful for a child sex offender to knowingly 
26
reside within
500 feet of the victim of the sex offense.  
 


 






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Nothing in this
subsection (b-6) prohibits a child sex offender 
2
from residing within 500 feet
of the victim
if the property in 
3
which the child sex offender resides is owned by the
child sex 
4
offender and was purchased before the effective date of this

5
amendatory Act of the 92nd General Assembly.

6
    This subsection (b-6) does not apply if the victim of the 
7
sex offense
is 21 years of age or older.

8
    (b-7)  It is unlawful for a child sex offender to knowingly 
9
communicate, other than for a lawful purpose under Illinois 
10
law, using the Internet or any other digital media, with a 
11
person under 18 years of age or with a person whom he or she 
12
believes to be a person under 18 years of age,
unless the 
13
offender
is a parent or guardian of the person under 18 years 
14
of age. 
15
    (c) It is unlawful for a child sex offender to knowingly 
16
operate, manage,
be employed by, volunteer at, be associated 
17
with, or knowingly be present at
any: (i) facility providing

18
programs or services exclusively directed towards persons 
19
under the age of 18, including the presence of the child sex 
20
offender in any portion or area of a public library facility 
21
designated by the library's governing board of library trustees 
22
or by the library commission for use primarily by children 
23
under the age of 18, as well as any program in the public 
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library facility directed towards children under the age of 18; 
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(ii) day care center; (iii) part day child care facility; (iv) 
26
child care institution; (v) school providing before and after 
 


 






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school programs for children under 18 years of age; (vi) day 
2
care home; or (vii)  group day care home.
This does not prohibit 
3
a child sex offender from owning the real property upon
which 
4
the programs or services are offered or upon which the day care 
5
center, part day child care facility,  child care institution, 
6
or school providing before and after school programs for 
7
children under 18 years of age is located, provided the child 
8
sex offender
refrains from being present on the premises for 
9
the hours during which: (1) the
programs or services are being 
10
offered or (2) the day care center, part day child care 
11
facility, child care institution,  school providing before and 
12
after school programs for children under 18 years of age, day 
13
care home, or group day care home is operated.

14
    (c-5) It is unlawful for a child sex offender to knowingly 
15
operate, manage, be employed by, or be associated with any 
16
county fair when persons under the age of 18 are present.

17
    (c-6)  It is unlawful for a child sex offender who owns and 
18
resides at residential real estate to knowingly rent any 
19
residential unit within the same building in which he or she 
20
resides to a person who is the parent or guardian of a child or 
21
children under 18 years of age.  This subsection shall apply 
22
only to leases or other rental arrangements entered into after 
23
January 1, 2009 (the effective date of Public Act 95-820)
this 
24
amendatory Act of the 95th General Assembly. 
25
    (c-7)
(c-6)  It is unlawful for a child sex offender to 
26
knowingly offer or provide any programs or services to persons 
 


 






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under 18 years of age in his or her residence or the residence 
2
of another or in any facility for the purpose of offering or 
3
providing such programs or services, whether such programs or 
4
services are offered or provided by contract, agreement, 
5
arrangement, or on a volunteer basis. 
6
    (d) Definitions.  In this Section:


7
        (1) "Child sex offender" means any person who:


8
            (i) has been charged under Illinois law, or any 
9
        substantially similar
federal law
or law of another 
10
        state, with a sex offense set forth in
paragraph (2) of 
11
        this subsection (d) or the attempt to commit an 
12
        included sex
offense, and:


13
                (A) is convicted of such offense or an attempt 
14
            to commit such offense;
or


15
                (B) is found not guilty by reason of insanity 
16
            of such offense or an
attempt to commit such 
17
            offense; or


18
                (C) is found not guilty by reason of insanity 
19
            pursuant to subsection
(c) of Section 104-25 of the 
20
            Code of Criminal Procedure of 1963 of such offense

21
            or an attempt to commit such offense; or


22
                (D) is the subject of a finding not resulting 
23
            in an acquittal at a
hearing conducted pursuant to 
24
            subsection (a) of Section 104-25 of the Code of

25
            Criminal Procedure of 1963 for the alleged 
26
            commission or attempted commission
of such 
 


 






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            offense; or


2
                (E) is found not guilty by reason of insanity 
3
            following a hearing
conducted pursuant to a 
4
            federal law or the law of another state 
5
            substantially
similar to subsection (c) of Section 
6
            104-25 of the Code of Criminal Procedure
of 1963 of 
7
            such offense or of the attempted commission of such 
8
            offense; or


9
                (F) is the subject of a finding not resulting 
10
            in an acquittal at a
hearing
conducted pursuant to 
11
            a federal law or the law of another state 
12
            substantially
similar to subsection (a) of Section 
13
            104-25 of the Code of Criminal Procedure
of 1963 
14
            for the alleged violation or attempted commission 
15
            of such offense; or


16
            (ii) is certified as a sexually dangerous person 
17
        pursuant to the
Illinois
Sexually Dangerous Persons 
18
        Act, or any substantially similar federal
law or the 
19
        law of another state, when any conduct giving rise to 
20
        such
certification is committed or attempted against a 
21
        person less than 18 years of
age; or


22
            (iii) is subject to the provisions of Section 2 of 
23
        the Interstate
Agreements on Sexually Dangerous 
24
        Persons Act.


25
        Convictions that result from or are connected with the 
26
    same act, or result
from offenses committed at the same 
 


 






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    time, shall be counted for the purpose of
this Section as 
2
    one conviction.  Any conviction set aside pursuant to law is

3
    not a conviction for purposes of this Section.


4
        (2) Except as otherwise provided in paragraph (2.5), 
5
    "sex offense"
means:


6
            (i) A violation of any of the following Sections of 
7
        the Criminal Code of
1961: 10-7 (aiding and abetting 
8
        child abduction under Section 10-5(b)(10)),

9
        10-5(b)(10) (child luring), 11-6 (indecent 
10
        solicitation of a child), 11-6.5
(indecent 
11
        solicitation of an adult),
11-9 (public indecency when 
12
        committed in a school, on the real property
comprising 
13
        a school, on a conveyance owned, leased, or contracted 
14
        by a
school to transport students to or from school or 
15
        a school related activity, or
in a public park),
11-9.1 
16
        (sexual exploitation of a child), 11-15.1 (soliciting 
17
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
18
        juvenile prostitution), 11-18.1
(patronizing a 
19
        juvenile prostitute), 11-19.1 (juvenile pimping),

20
        11-19.2 (exploitation of a child), 11-20.1 (child 
21
        pornography), 11-20.3 (aggravated child pornography), 
22
        11-21 (harmful
material), 12-14.1
(predatory criminal 
23
        sexual assault of a child), 12-33 (ritualized abuse of 
24
        a
child), 11-20 (obscenity) (when that offense was 
25
        committed in any school, on
real property comprising 
26
        any school, on any conveyance owned,
leased, or 
 


 






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        contracted by a school to transport students to or from 
2
        school or a
school related activity, or in a public 
3
        park).  An attempt to commit any of
these offenses.


4
            (ii) A violation of any of the following Sections 
5
        of the Criminal Code
of 1961, when the victim is a 
6
        person under 18 years of age: 12-13 (criminal
sexual 
7
        assault), 12-14 (aggravated criminal sexual assault), 
8
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
9
        criminal sexual abuse).  An attempt to commit
any of 
10
        these offenses.


11
            (iii) A violation of any of the following Sections 
12
        of the Criminal Code
of 1961, when the victim is a 
13
        person under 18 years of age and the defendant is
not a 
14
        parent of the victim:


15
            10-1 (kidnapping),


16
            10-2 (aggravated kidnapping),


17
            10-3 (unlawful restraint),


18
            10-3.1 (aggravated unlawful restraint).


19
            An attempt to commit any of these offenses.


20
            (iv) A violation of any former law of this State 
21
        substantially
equivalent to any offense listed in 
22
        clause (2)(i) of this subsection (d).


23
        (2.5) For the purposes of subsection (b-5) only, a sex 
24
    offense means:


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            (i) A violation of any of the following Sections of 
26
        the Criminal Code of
1961:


 


 






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                10-5(b)(10) (child luring), 10-7 (aiding and 
2
            abetting child abduction
under Section 
3
            10-5(b)(10)), 11-6 (indecent solicitation of
a

4
            child), 11-6.5 (indecent solicitation of an 
5
            adult), 11-15.1 (soliciting for a
juvenile

6
            prostitute), 11-17.1 (keeping a place of juvenile 
7
            prostitution), 11-18.1
(patronizing a juvenile 
8
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
9
            (exploitation of a child), 11-20.1 (child 
10
            pornography), 11-20.3 (aggravated child 
11
            pornography), 12-14.1
(predatory criminal sexual 
12
            assault of a child), or 12-33 (ritualized abuse of 
13
            a
child).  An attempt
to commit any of
these 
14
            offenses.


15
            (ii) A violation of any of the following Sections 
16
        of the Criminal Code
of 1961, when the victim is a 
17
        person under 18 years of age: 12-13 (criminal
sexual 
18
        assault), 12-14 (aggravated criminal sexual assault),

19
        12-16 (aggravated criminal sexual abuse), and 
20
        subsection (a) of Section 12-15
(criminal sexual 
21
        abuse).  An attempt to commit
any of these offenses.


22
            (iii) A violation of any of the following Sections 
23
        of the Criminal Code
of 1961, when the victim is a 
24
        person under 18 years of age and the defendant is
not a 
25
        parent of the victim:


26
            10-1 (kidnapping),


 


 






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            10-2 (aggravated kidnapping),


2
            10-3 (unlawful restraint),


3
            10-3.1 (aggravated unlawful restraint).


4
            An attempt to commit any of these offenses.


5
            (iv) A violation of any former law of this State 
6
        substantially
equivalent to any offense listed in this 
7
        paragraph (2.5) of
this subsection.


8
        (3) A conviction for an offense of federal law or the 
9
    law of another state
that is substantially equivalent to 
10
    any offense listed in paragraph (2) of this
 subsection (d) 
11
    shall constitute a conviction for the purpose of
this 
12
    Section.  A finding or adjudication as a sexually dangerous 
13
    person under
any federal law or law of another state that 
14
    is substantially equivalent to the
Sexually Dangerous 
15
    Persons Act shall constitute an adjudication for the

16
    purposes of this Section.


17
        (4) "Public park" includes a park, forest preserve, or

18
    conservation
area
under the jurisdiction of the State or a 
19
    unit of local government.


20
        (5) "Facility providing programs or services directed 
21
    towards persons
under
the age of 18" means any facility 
22
    providing programs or services exclusively
directed 
23
    towards persons under the age of 18.


24
        (6) "Loiter" means:


25
            (i) Standing, sitting idly, whether or not the 
26
        person is in a vehicle or
remaining in or around public 
 


 






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        park property.


2
            (ii) Standing, sitting idly, whether or not the 
3
        person is in a vehicle
or remaining in or around public 
4
        park property, for the purpose of committing
or

5
        attempting to commit a sex offense.


6
        (7) "Playground" means a piece of land owned or 
7
    controlled by a unit
of
local government that is designated 
8
    by the unit of local government for use
solely or primarily 
9
    for children's recreation.

10
        (8) "Child care institution" has the meaning ascribed 
11
    to it in Section 2.06 of the Child Care Act of 1969.

12
        (9) "Day care center" has the meaning ascribed to it in 
13
    Section 2.09 of the Child Care Act of 1969.
14
        (10) "Part day child care facility" has the meaning 
15
    ascribed to it in Section 2.10 of the Child Care Act of 
16
    1969.

17
        (11)  "Day care home" has the meaning ascribed to it in 
18
    Section 2.18 of the Child Care Act of 1969. 
19
        (12)  "Group day care home" has the meaning ascribed to 
20
    it in Section 2.20 of the Child Care Act of 1969. 
21
        (13)
(11)  "Internet" means an interactive computer 
22
    service or system or an
information service, system, or 
23
    access software provider that provides or
enables computer 
24
    access by multiple users to a computer server, and 
25
    includes,
but is not limited to, an information service, 
26
    system, or access software
provider that provides access to 
 


 






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    a network system commonly known as the
Internet, or any 
2
    comparable system or service and also includes, but is not

3
    limited to, a World Wide Web page, newsgroup, message 
4
    board, mailing list, or
chat area on any interactive 
5
    computer service or system or other online
service. 
6
    (d-5) For the purposes of this Section, the 500 feet 
7
distance shall be measured from the edge of the property  
8
comprising the public park building or the real property 
9
comprising the public park, playground, child care 
10
institution, day care center, part day child care facility, or 
11
a facility providing programs or services
exclusively directed 
12
toward persons under 18 years of age, or a victim of the sex 
13
offense who is under 21 years of age to the edge of the child 
14
sex offender's place of residence or where he or she is 
15
loitering.

16
    (e) Sentence.  A person who violates this Section is guilty 
17
of a Class 4
felony.

18
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, 
19
eff. 6-1-08; 95-819, eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, 
20
eff. 8-14-08; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 
21
revised 10-20-08.)