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91_HB2708sam001
LRB9101920RCksam01
1 AMENDMENT TO HOUSE BILL 2708
2 AMENDMENT NO. . Amend House Bill 2708 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by adding
5 Section 11-9.4."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 adding Section 11-9.4 as follows:
10 (720 ILCS 5/11-9.4 new)
11 Sec. 11-9.4. Presence within child care facility zone by
12 child sex offenders prohibited.
13 (a) It is unlawful for a child sex offender to knowingly
14 be present in any child care facility or on real property
15 comprising any child care facility while persons under the
16 age of 18 are present in the facility or on the grounds or to
17 knowingly loiter on a public way within 500 feet of a child
18 care facility or the real property comprising a child care
19 facility while persons under the age of 18 are present in the
20 facility or on the grounds, unless the offender:
21 (1) is a parent or guardian of a person under 18
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1 years of age present in the facility or on the grounds;
2 or
3 (2) has permission to be present from the director
4 or chief administrative officer of the child care
5 facility.
6 (b) Definitions. In this Section:
7 (1) "Child sex offender" means any person who:
8 (i) has been charged under Illinois law, or
9 any substantially similar federal law or law of
10 another state, with a sex offense set forth in
11 paragraph (2) of this subsection (b) or the attempt
12 to commit an included sex offense, and:
13 (A) is convicted of that offense or an
14 attempt to commit that offense; or
15 (B) is found not guilty by reason of
16 insanity of that offense or an attempt to
17 commit that offense; or
18 (C) is found not guilty by reason of
19 insanity under subsection (c) of Section 104-25
20 of the Code of Criminal Procedure of 1963 of
21 that offense or an attempt to commit that
22 offense; or
23 (D) is the subject of a finding not
24 resulting in an acquittal at a hearing
25 conducted under to subsection (a) of Section
26 104-25 of the Code of Criminal Procedure of
27 1963 for the alleged commission or attempted
28 commission of that offense; or
29 (E) is found not guilty by reason of
30 insanity following a hearing conducted under a
31 federal law or the law of another state
32 substantially similar to subsection (c) of
33 Section 104-25 of the Code of Criminal
34 Procedure of 1963 of that offense or of the
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1 attempted commission of that offense; or
2 (F) is the subject of a finding not
3 resulting in an acquittal at a hearing
4 conducted under a federal law or the law of
5 another state substantially similar to
6 subsection (a) of Section 104-25 of the Code of
7 Criminal Procedure of 1963 for the alleged
8 violation or attempted commission of that
9 offense; or
10 (ii) is certified as a sexually dangerous
11 person under the Illinois Sexually Dangerous Persons
12 Act, or any substantially similar federal law or the
13 law of another state, when any conduct giving rise
14 to the certification is committed or attempted
15 against a person less than 18 years of age; or
16 (iii) is subject to the provisions of Section
17 2 of the Interstate Agreements on Sexually Dangerous
18 Persons Act.
19 Convictions that result from or are connected with the
20 same act, or result from offenses committed at the same time,
21 must be counted for the purpose of this Section as one
22 conviction. Any conviction set aside under law is not a
23 conviction for purposes of this Section.
24 (2) "Sex offense" means:
25 (i) A violation of any of the following
26 Sections of the Criminal Code of 1961: 10-7 (aiding
27 and abetting child abduction under Section
28 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
29 (indecent solicitation of a child), 11-6.5 (indecent
30 solicitation of an adult), 11-9 (public indecency
31 when committed in a school, on the real property
32 comprising a school, or on a conveyance, owned,
33 leased, or contracted by a school to transport
34 students to or from school or a school related
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1 activity), 11-9.1 (sexual exploitation of a child),
2 11-15.1 (soliciting for a juvenile prostitute),
3 11-17.1 (keeping a place of juvenile prostitution),
4 11-18.1 (patronizing a juvenile prostitute), 11-19.1
5 (juvenile pimping), 11-19.2 (exploitation of a
6 child), 11-20.1 (child pornography), 11-21 (harmful
7 material), 12-14.1 (predatory criminal sexual
8 assault of a child), 12-33 (ritualized abuse of a
9 child), 11-20 (obscenity) (when that offense was
10 committed in any school, on real property comprising
11 any school, in any conveyance owned, leased, or
12 contracted by a school to transport students to or
13 from school or a school related activity). An
14 attempt to commit any of these offenses.
15 (ii) A violation of any of the following
16 Sections of the Criminal Code of 1961, when the
17 victim is a person under 18 years of age: 12-13
18 (criminal sexual assault), 12-14 (aggravated
19 criminal sexual assault), 12-15 (criminal sexual
20 abuse), 12-16 (aggravated criminal sexual abuse).
21 An attempt to commit any of these offenses.
22 (iii) A violation of any of the following
23 Sections of the Criminal Code of 1961, when the
24 victim is a person under 18 years of age and the
25 defendant is not a parent of the victim:
26 10-1 (kidnapping),
27 10-2 (aggravated kidnapping),
28 10-3 (unlawful restraint),
29 10-3.1 (aggravated unlawful restraint).
30 An attempt to commit any of these
31 offenses.
32 (3) A conviction for an offense of federal law or
33 the law of another state that is substantially equivalent
34 to any offense listed in paragraph (2) of this subsection
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1 (b) shall constitute a conviction for the purpose of this
2 Section. A finding or adjudication as a sexually
3 dangerous person under any federal law or law of another
4 state that is substantially equivalent to the Sexually
5 Dangerous Persons Act constitutes an adjudication for the
6 purposes of this Section.
7 (4) "Child care facility" means a facility
8 described in Section 2.05 of the Child Care Act of 1969
9 that is licensed under that Act.
10 (5) "Loiter" means to stand or sit idly on a public
11 way within 500 feet of a child care facility or the real
12 property comprising a child care facility, whether or not
13 the person is in a vehicle or remaining in or around the
14 child care facility.
15 (c) Sentence. A person who violates this Section is
16 guilty of a Class 4 felony.".