Bill Text: IL HB1139 | 2011-2012 | 97th General Assembly | Amended


Bill Title: Amends the Sex Offender Registration Act. Provides that a person convicted of or adjudicated delinquent for criminal sexual abuse that does not involve: (1) an act of sexual conduct by the use of force or threat of force; or (2) a victim who was unable to understand the nature of the act or who was unable to give knowing consent may file a motion with the sentencing court for removal from the requirement to register as a sex offender if: (1) he or she is not more than 4 years older than the victim; and (2) the victim was 14 years of age or older at the time of the offense. Provides that the State's Attorney must receive 21 days notice prior to the disposition of the motion and may present evidence in opposition to the requested relief or otherwise demonstrate why the motion should be denied. Provides that the court may grant the motion if it finds that the offender meets the criteria set forth in these provisions and that the removal of the registration requirement will not conflict with federal law. Provides that if the court denies the motion, the offender may not petition again for removal from the requirement to register as a sex offender until 2 years has elapsed following denial of the motion. Provides that if the court grants the motion, and the offender provides the Department of State Police with a certified copy of the court's order removing the requirement that he or she register as a sex offender, the registration requirement may not apply to the person and the Department shall remove all information about the person from the registry of sex offenders maintained by the Department. Provides that relief under these provisions does not entitle the offender to expunge or seal information about his or her criminal history.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Introduced - Dead) 2011-03-03 - Added Co-Sponsor Rep. Maria Antonia Berrios [HB1139 Detail]

Download: Illinois-2011-HB1139-Amended.html

Rep. Robert W. Pritchard

Filed: 2/22/2011

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1
AMENDMENT TO HOUSE BILL 1139
2 AMENDMENT NO. ______. Amend House Bill 1139 on page 1, by
3inserting immediately below line 3 the following:
4 "Section 3. The Criminal Code of 1961 is amended by
5changing Sections 11-9.3 and 11-9.4 as follows:
6 (720 ILCS 5/11-9.3)
7 Sec. 11-9.3. Presence within school zone by child sex
8offenders prohibited.
9 (a) It is unlawful for a child sex offender to knowingly be
10present in any school building, on real property comprising any
11school, or in any conveyance owned, leased, or contracted by a
12school to transport students to or from school or a school
13related activity when persons under the age of 18 are present
14in the building, on the grounds or in the conveyance, unless
15the offender is a parent or guardian of a student attending the
16school and the parent or guardian is: (i) attending a

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1conference at the school with school personnel to discuss the
2progress of his or her child academically or socially, (ii)
3participating in child review conferences in which evaluation
4and placement decisions may be made with respect to his or her
5child regarding special education services, or (iii) attending
6conferences to discuss other student issues concerning his or
7her child such as retention and promotion and notifies the
8principal of the school of his or her presence at the school or
9unless the offender has permission to be present from the
10superintendent or the school board or in the case of a private
11school from the principal. In the case of a public school, if
12permission is granted, the superintendent or school board
13president must inform the principal of the school where the sex
14offender will be present. Notification includes the nature of
15the sex offender's visit and the hours in which the sex
16offender will be present in the school. The sex offender is
17responsible for notifying the principal's office when he or she
18arrives on school property and when he or she departs from
19school property. If the sex offender is to be present in the
20vicinity of children, the sex offender has the duty to remain
21under the direct supervision of a school official. A child sex
22offender who violates this provision is guilty of a Class 4
23felony.
24 (a-5) It is unlawful for a child sex offender to knowingly
25be present within 100 feet of a site posted as a pick-up or
26discharge stop for a conveyance owned, leased, or contracted by

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1a school to transport students to or from school or a school
2related activity when one or more persons under the age of 18
3are present at the site.
4 (b) It is unlawful for a child sex offender to knowingly
5loiter within 500 feet of a school building or real property
6comprising any school while persons under the age of 18 are
7present in the building or on the grounds, unless the offender
8is a parent or guardian of a student attending the school and
9the parent or guardian is: (i) attending a conference at the
10school with school personnel to discuss the progress of his or
11her child academically or socially, (ii) participating in child
12review conferences in which evaluation and placement decisions
13may be made with respect to his or her child regarding special
14education services, or (iii) attending conferences to discuss
15other student issues concerning his or her child such as
16retention and promotion and notifies the principal of the
17school of his or her presence at the school or has permission
18to be present from the superintendent or the school board or in
19the case of a private school from the principal. In the case of
20a public school, if permission is granted, the superintendent
21or school board president must inform the principal of the
22school where the sex offender will be present. Notification
23includes the nature of the sex offender's visit and the hours
24in which the sex offender will be present in the school. The
25sex offender is responsible for notifying the principal's
26office when he or she arrives on school property and when he or

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1she departs from school property. If the sex offender is to be
2present in the vicinity of children, the sex offender has the
3duty to remain under the direct supervision of a school
4official. A child sex offender who violates this provision is
5guilty of a Class 4 felony.
6 (b-5) It is unlawful for a child sex offender to knowingly
7reside within 500 feet of a school building or the real
8property comprising any school that persons under the age of 18
9attend. Nothing in this subsection (b-5) prohibits a child sex
10offender from residing within 500 feet of a school building or
11the real property comprising any school that persons under 18
12attend if the property is owned by the child sex offender and
13was purchased before the effective date of this amendatory Act
14of the 91st General Assembly.
15 (c) Definitions. In this Section:
16 (1) "Child sex offender" means any person who:
17 (i) has been charged under Illinois law, or any
18 substantially similar federal law or law of another
19 state, with a sex offense set forth in paragraph (2) of
20 this subsection (c) or the attempt to commit an
21 included sex offense, and:
22 (A) is convicted of such offense or an attempt
23 to commit such offense; or
24 (B) is found not guilty by reason of insanity
25 of such offense or an attempt to commit such
26 offense; or

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1 (C) is found not guilty by reason of insanity
2 pursuant to subsection (c) of Section 104-25 of the
3 Code of Criminal Procedure of 1963 of such offense
4 or an attempt to commit such offense; or
5 (D) is the subject of a finding not resulting
6 in an acquittal at a hearing conducted pursuant to
7 subsection (a) of Section 104-25 of the Code of
8 Criminal Procedure of 1963 for the alleged
9 commission or attempted commission of such
10 offense; or
11 (E) is found not guilty by reason of insanity
12 following a hearing conducted pursuant to a
13 federal law or the law of another state
14 substantially similar to subsection (c) of Section
15 104-25 of the Code of Criminal Procedure of 1963 of
16 such offense or of the attempted commission of such
17 offense; or
18 (F) is the subject of a finding not resulting
19 in an acquittal at a hearing conducted pursuant to
20 a federal law or the law of another state
21 substantially similar to subsection (a) of Section
22 104-25 of the Code of Criminal Procedure of 1963
23 for the alleged violation or attempted commission
24 of such offense; or
25 (ii) is certified as a sexually dangerous person
26 pursuant to the Illinois Sexually Dangerous Persons

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1 Act, or any substantially similar federal law or the
2 law of another state, when any conduct giving rise to
3 such certification is committed or attempted against a
4 person less than 18 years of age; or
5 (iii) is subject to the provisions of Section 2 of
6 the Interstate Agreements on Sexually Dangerous
7 Persons Act.
8 Convictions that result from or are connected with the
9 same act, or result from offenses committed at the same
10 time, shall be counted for the purpose of this Section as
11 one conviction. Any conviction set aside pursuant to law is
12 not a conviction for purposes of this Section.
13 "Child sex offender" does not include any person who
14 has been removed from the requirement to register as a sex
15 offender under Section 3-6 of the Sex Offender Registration
16 Act.
17 (2) Except as otherwise provided in paragraph (2.5),
18 "sex offense" means:
19 (i) A violation of any of the following Sections of
20 the Criminal Code of 1961: 10-7 (aiding or abetting
21 child abduction under Section 10-5(b)(10)),
22 10-5(b)(10) (child luring), 11-6 (indecent
23 solicitation of a child), 11-6.5 (indecent
24 solicitation of an adult), 11-9 (public indecency when
25 committed in a school, on the real property comprising
26 a school, or on a conveyance, owned, leased, or

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1 contracted by a school to transport students to or from
2 school or a school related activity), 11-9.1 (sexual
3 exploitation of a child), 11-15.1 (soliciting for a
4 juvenile prostitute), 11-17.1 (keeping a place of
5 juvenile prostitution), 11-18.1 (patronizing a
6 juvenile prostitute), 11-19.1 (juvenile pimping),
7 11-19.2 (exploitation of a child), 11-20.1 (child
8 pornography), 11-20.3 (aggravated child pornography),
9 11-21 (harmful material), 12-14.1 (predatory criminal
10 sexual assault of a child), 12-33 (ritualized abuse of
11 a child), 11-20 (obscenity) (when that offense was
12 committed in any school, on real property comprising
13 any school, in any conveyance owned, leased, or
14 contracted by a school to transport students to or from
15 school or a school related activity). An attempt to
16 commit any of these offenses.
17 (ii) A violation of any of the following Sections
18 of the Criminal Code of 1961, when the victim is a
19 person under 18 years of age: 12-13 (criminal sexual
20 assault), 12-14 (aggravated criminal sexual assault),
21 12-15 (criminal sexual abuse), 12-16 (aggravated
22 criminal sexual abuse). An attempt to commit any of
23 these offenses.
24 (iii) A violation of any of the following Sections
25 of the Criminal Code of 1961, when the victim is a
26 person under 18 years of age and the defendant is not a

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1 parent of the victim:
2 10-1 (kidnapping),
3 10-2 (aggravated kidnapping),
4 10-3 (unlawful restraint),
5 10-3.1 (aggravated unlawful restraint).
6 An attempt to commit any of these offenses.
7 (iv) A violation of any former law of this State
8 substantially equivalent to any offense listed in
9 clause (2)(i) of subsection (c) of this Section.
10 (2.5) For the purposes of subsection (b-5) only, a sex
11 offense means:
12 (i) A violation of any of the following Sections of
13 the Criminal Code of 1961:
14 10-5(b)(10) (child luring), 10-7 (aiding or
15 abetting child abduction under Section 10-5(b)(10)),
16 11-6 (indecent solicitation of a child), 11-6.5
17 (indecent solicitation of an adult), 11-15.1
18 (soliciting for a juvenile prostitute), 11-17.1
19 (keeping a place of juvenile prostitution), 11-18.1
20 (patronizing a juvenile prostitute), 11-19.1 (juvenile
21 pimping), 11-19.2 (exploitation of a child), 11-20.1
22 (child pornography), 11-20.3 (aggravated child
23 pornography), 12-14.1 (predatory criminal sexual
24 assault of a child), or 12-33 (ritualized abuse of a
25 child). An attempt to commit any of these offenses.
26 (ii) A violation of any of the following Sections

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1 of the Criminal Code of 1961, when the victim is a
2 person under 18 years of age: 12-13 (criminal sexual
3 assault), 12-14 (aggravated criminal sexual assault),
4 12-16 (aggravated criminal sexual abuse), and
5 subsection (a) of Section 12-15 (criminal sexual
6 abuse). An attempt to commit any of these offenses.
7 (iii) A violation of any of the following Sections
8 of the Criminal Code of 1961, when the victim is a
9 person under 18 years of age and the defendant is not a
10 parent of the victim:
11 10-1 (kidnapping),
12 10-2 (aggravated kidnapping),
13 10-3 (unlawful restraint),
14 10-3.1 (aggravated unlawful restraint).
15 An attempt to commit any of these offenses.
16 (iv) A violation of any former law of this State
17 substantially equivalent to any offense listed in this
18 paragraph (2.5) of this subsection.
19 (3) A conviction for an offense of federal law or the
20 law of another state that is substantially equivalent to
21 any offense listed in paragraph (2) of subsection (c) of
22 this Section shall constitute a conviction for the purpose
23 of this Article. A finding or adjudication as a sexually
24 dangerous person under any federal law or law of another
25 state that is substantially equivalent to the Sexually
26 Dangerous Persons Act shall constitute an adjudication for

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1 the purposes of this Section.
2 (4) "School" means a public or private pre-school,
3 elementary, or secondary school.
4 (5) "Loiter" means:
5 (i) Standing, sitting idly, whether or not the
6 person is in a vehicle or remaining in or around school
7 property.
8 (ii) Standing, sitting idly, whether or not the
9 person is in a vehicle or remaining in or around school
10 property, for the purpose of committing or attempting
11 to commit a sex offense.
12 (iii) Entering or remaining in a building in or
13 around school property, other than the offender's
14 residence.
15 (6) "School official" means the principal, a teacher,
16 or any other certified employee of the school, the
17 superintendent of schools or a member of the school board.
18 (c-5) For the purposes of this Section, the 500 feet
19distance shall be measured from the edge of the property of the
20school building or the real property comprising the school that
21is closest to the edge of the property of the child sex
22offender's residence or where he or she is loitering.
23 (d) Sentence. A person who violates this Section is guilty
24of a Class 4 felony.
25(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07;
2695-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08;

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196-328, eff. 8-11-09; 96-710, eff. 1-1-10.)
2 (720 ILCS 5/11-9.4)
3 Sec. 11-9.4. Approaching, contacting, residing, or
4communicating with a child within certain places by child sex
5offenders prohibited.
6 (a) It is unlawful for a child sex offender to knowingly be
7present in any public park building or on real property
8comprising any public park when persons under the age of 18 are
9present in the building or on the grounds and to approach,
10contact, or communicate with a child under 18 years of age,
11unless the offender is a parent or guardian of a person under
1218 years of age present in the building or on the grounds.
13 (b) It is unlawful for a child sex offender to knowingly
14loiter on a public way within 500 feet of a public park
15building or real property comprising any public park while
16persons under the age of 18 are present in the building or on
17the grounds and to approach, contact, or communicate with a
18child under 18 years of age, unless the offender is a parent or
19guardian of a person under 18 years of age present in the
20building or on the grounds.
21 (b-5) It is unlawful for a child sex offender to knowingly
22reside within 500 feet of a playground, child care institution,
23day care center, part day child care facility, day care home,
24group day care home, or a facility providing programs or
25services exclusively directed toward persons under 18 years of

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1age. Nothing in this subsection (b-5) prohibits a child sex
2offender from residing within 500 feet of a playground or a
3facility providing programs or services exclusively directed
4toward persons under 18 years of age if the property is owned
5by the child sex offender and was purchased before the
6effective date of this amendatory Act of the 91st General
7Assembly. Nothing in this subsection (b-5) prohibits a child
8sex offender from residing within 500 feet of a child care
9institution, day care center, or part day child care facility
10if the property is owned by the child sex offender and was
11purchased before the effective date of this amendatory Act of
12the 94th General Assembly. Nothing in this subsection (b-5)
13prohibits a child sex offender from residing within 500 feet of
14a day care home or group day care home if the property is owned
15by the child sex offender and was purchased before August 14,
162008 (the effective date of Public Act 95-821).
17 (b-6) It is unlawful for a child sex offender to knowingly
18reside within 500 feet of the victim of the sex offense.
19Nothing in this subsection (b-6) prohibits a child sex offender
20from residing within 500 feet of the victim if the property in
21which the child sex offender resides is owned by the child sex
22offender and was purchased before the effective date of this
23amendatory Act of the 92nd General Assembly.
24 This subsection (b-6) does not apply if the victim of the
25sex offense is 21 years of age or older.
26 (b-7) It is unlawful for a child sex offender to knowingly

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1communicate, other than for a lawful purpose under Illinois
2law, using the Internet or any other digital media, with a
3person under 18 years of age or with a person whom he or she
4believes to be a person under 18 years of age, unless the
5offender is a parent or guardian of the person under 18 years
6of age.
7 (c) It is unlawful for a child sex offender to knowingly
8operate, manage, be employed by, volunteer at, be associated
9with, or knowingly be present at any: (i) facility providing
10programs or services exclusively directed towards persons
11under the age of 18; (ii) day care center; (iii) part day child
12care facility; (iv) child care institution; (v) school
13providing before and after school programs for children under
1418 years of age; (vi) day care home; or (vii) group day care
15home. This does not prohibit a child sex offender from owning
16the real property upon which the programs or services are
17offered or upon which the day care center, part day child care
18facility, child care institution, or school providing before
19and after school programs for children under 18 years of age is
20located, provided the child sex offender refrains from being
21present on the premises for the hours during which: (1) the
22programs or services are being offered or (2) the day care
23center, part day child care facility, child care institution,
24school providing before and after school programs for children
25under 18 years of age, day care home, or group day care home is
26operated.

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1 (c-5) It is unlawful for a child sex offender to knowingly
2operate, manage, be employed by, or be associated with any
3county fair when persons under the age of 18 are present.
4 (c-6) It is unlawful for a child sex offender who owns and
5resides at residential real estate to knowingly rent any
6residential unit within the same building in which he or she
7resides to a person who is the parent or guardian of a child or
8children under 18 years of age. This subsection shall apply
9only to leases or other rental arrangements entered into after
10January 1, 2009 (the effective date of Public Act 95-820).
11 (c-7) It is unlawful for a child sex offender to knowingly
12offer or provide any programs or services to persons under 18
13years of age in his or her residence or the residence of
14another or in any facility for the purpose of offering or
15providing such programs or services, whether such programs or
16services are offered or provided by contract, agreement,
17arrangement, or on a volunteer basis.
18 (c-8) It is unlawful for a child sex offender to knowingly
19operate, whether authorized to do so or not, any of the
20following vehicles: (1) a vehicle which is specifically
21designed, constructed or modified and equipped to be used for
22the retail sale of food or beverages, including but not limited
23to an ice cream truck; (2) an authorized emergency vehicle; or
24(3) a rescue vehicle.
25 (d) Definitions. In this Section:
26 (1) "Child sex offender" means any person who:

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1 (i) has been charged under Illinois law, or any
2 substantially similar federal law or law of another
3 state, with a sex offense set forth in paragraph (2) of
4 this subsection (d) or the attempt to commit an
5 included sex offense, and:
6 (A) is convicted of such offense or an attempt
7 to commit such offense; or
8 (B) is found not guilty by reason of insanity
9 of such offense or an attempt to commit such
10 offense; or
11 (C) is found not guilty by reason of insanity
12 pursuant to subsection (c) of Section 104-25 of the
13 Code of Criminal Procedure of 1963 of such offense
14 or an attempt to commit such offense; or
15 (D) is the subject of a finding not resulting
16 in an acquittal at a hearing conducted pursuant to
17 subsection (a) of Section 104-25 of the Code of
18 Criminal Procedure of 1963 for the alleged
19 commission or attempted commission of such
20 offense; or
21 (E) is found not guilty by reason of insanity
22 following a hearing conducted pursuant to a
23 federal law or the law of another state
24 substantially similar to subsection (c) of Section
25 104-25 of the Code of Criminal Procedure of 1963 of
26 such offense or of the attempted commission of such

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1 offense; or
2 (F) is the subject of a finding not resulting
3 in an acquittal at a hearing conducted pursuant to
4 a federal law or the law of another state
5 substantially similar to subsection (a) of Section
6 104-25 of the Code of Criminal Procedure of 1963
7 for the alleged violation or attempted commission
8 of such offense; or
9 (ii) is certified as a sexually dangerous person
10 pursuant to the Illinois Sexually Dangerous Persons
11 Act, or any substantially similar federal law or the
12 law of another state, when any conduct giving rise to
13 such certification is committed or attempted against a
14 person less than 18 years of age; or
15 (iii) is subject to the provisions of Section 2 of
16 the Interstate Agreements on Sexually Dangerous
17 Persons Act.
18 Convictions that result from or are connected with the
19 same act, or result from offenses committed at the same
20 time, shall be counted for the purpose of this Section as
21 one conviction. Any conviction set aside pursuant to law is
22 not a conviction for purposes of this Section.
23 "Child sex offender" does not include any person who
24 has been removed from the requirement to register as a sex
25 offender under Section 3-6 of the Sex Offender Registration
26 Act.

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1 (2) Except as otherwise provided in paragraph (2.5),
2 "sex offense" means:
3 (i) A violation of any of the following Sections of
4 the Criminal Code of 1961: 10-7 (aiding or abetting
5 child abduction under Section 10-5(b)(10)),
6 10-5(b)(10) (child luring), 11-6 (indecent
7 solicitation of a child), 11-6.5 (indecent
8 solicitation of an adult), 11-9 (public indecency when
9 committed in a school, on the real property comprising
10 a school, on a conveyance owned, leased, or contracted
11 by a school to transport students to or from school or
12 a school related activity, or in a public park), 11-9.1
13 (sexual exploitation of a child), 11-15.1 (soliciting
14 for a juvenile prostitute), 11-17.1 (keeping a place of
15 juvenile prostitution), 11-18.1 (patronizing a
16 juvenile prostitute), 11-19.1 (juvenile pimping),
17 11-19.2 (exploitation of a child), 11-20.1 (child
18 pornography), 11-20.3 (aggravated child pornography),
19 11-21 (harmful material), 12-14.1 (predatory criminal
20 sexual assault of a child), 12-33 (ritualized abuse of
21 a child), 11-20 (obscenity) (when that offense was
22 committed in any school, on real property comprising
23 any school, on any conveyance owned, leased, or
24 contracted by a school to transport students to or from
25 school or a school related activity, or in a public
26 park). An attempt to commit any of these offenses.

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1 (ii) A violation of any of the following Sections
2 of the Criminal Code of 1961, when the victim is a
3 person under 18 years of age: 12-13 (criminal sexual
4 assault), 12-14 (aggravated criminal sexual assault),
5 12-15 (criminal sexual abuse), 12-16 (aggravated
6 criminal sexual abuse). An attempt to commit any of
7 these offenses.
8 (iii) A violation of any of the following Sections
9 of the Criminal Code of 1961, when the victim is a
10 person under 18 years of age and the defendant is not a
11 parent of the victim:
12 10-1 (kidnapping),
13 10-2 (aggravated kidnapping),
14 10-3 (unlawful restraint),
15 10-3.1 (aggravated unlawful restraint).
16 An attempt to commit any of these offenses.
17 (iv) A violation of any former law of this State
18 substantially equivalent to any offense listed in
19 clause (2)(i) of this subsection (d).
20 (2.5) For the purposes of subsection (b-5) only, a sex
21 offense means:
22 (i) A violation of any of the following Sections of
23 the Criminal Code of 1961:
24 10-5(b)(10) (child luring), 10-7 (aiding or
25 abetting child abduction under Section
26 10-5(b)(10)), 11-6 (indecent solicitation of a

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1 child), 11-6.5 (indecent solicitation of an
2 adult), 11-15.1 (soliciting for a juvenile
3 prostitute), 11-17.1 (keeping a place of juvenile
4 prostitution), 11-18.1 (patronizing a juvenile
5 prostitute), 11-19.1 (juvenile pimping), 11-19.2
6 (exploitation of a child), 11-20.1 (child
7 pornography), 11-20.3 (aggravated child
8 pornography), 12-14.1 (predatory criminal sexual
9 assault of a child), or 12-33 (ritualized abuse of
10 a child). An attempt to commit any of these
11 offenses.
12 (ii) A violation of any of the following Sections
13 of the Criminal Code of 1961, when the victim is a
14 person under 18 years of age: 12-13 (criminal sexual
15 assault), 12-14 (aggravated criminal sexual assault),
16 12-16 (aggravated criminal sexual abuse), and
17 subsection (a) of Section 12-15 (criminal sexual
18 abuse). An attempt to commit any of these offenses.
19 (iii) A violation of any of the following Sections
20 of the Criminal Code of 1961, when the victim is a
21 person under 18 years of age and the defendant is not a
22 parent of the victim:
23 10-1 (kidnapping),
24 10-2 (aggravated kidnapping),
25 10-3 (unlawful restraint),
26 10-3.1 (aggravated unlawful restraint).

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1 An attempt to commit any of these offenses.
2 (iv) A violation of any former law of this State
3 substantially equivalent to any offense listed in this
4 paragraph (2.5) of this subsection.
5 (3) A conviction for an offense of federal law or the
6 law of another state that is substantially equivalent to
7 any offense listed in paragraph (2) of this subsection (d)
8 shall constitute a conviction for the purpose of this
9 Section. A finding or adjudication as a sexually dangerous
10 person under any federal law or law of another state that
11 is substantially equivalent to the Sexually Dangerous
12 Persons Act shall constitute an adjudication for the
13 purposes of this Section.
14 (4) "Public park" includes a park, forest preserve, or
15 conservation area under the jurisdiction of the State or a
16 unit of local government.
17 (5) "Facility providing programs or services directed
18 towards persons under the age of 18" means any facility
19 providing programs or services exclusively directed
20 towards persons under the age of 18.
21 (6) "Loiter" means:
22 (i) Standing, sitting idly, whether or not the
23 person is in a vehicle or remaining in or around public
24 park property.
25 (ii) Standing, sitting idly, whether or not the
26 person is in a vehicle or remaining in or around public

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1 park property, for the purpose of committing or
2 attempting to commit a sex offense.
3 (7) "Playground" means a piece of land owned or
4 controlled by a unit of local government that is designated
5 by the unit of local government for use solely or primarily
6 for children's recreation.
7 (8) "Child care institution" has the meaning ascribed
8 to it in Section 2.06 of the Child Care Act of 1969.
9 (9) "Day care center" has the meaning ascribed to it in
10 Section 2.09 of the Child Care Act of 1969.
11 (10) "Part day child care facility" has the meaning
12 ascribed to it in Section 2.10 of the Child Care Act of
13 1969.
14 (11) "Day care home" has the meaning ascribed to it in
15 Section 2.18 of the Child Care Act of 1969.
16 (12) "Group day care home" has the meaning ascribed to
17 it in Section 2.20 of the Child Care Act of 1969.
18 (13) "Internet" means an interactive computer service
19 or system or an information service, system, or access
20 software provider that provides or enables computer access
21 by multiple users to a computer server, and includes, but
22 is not limited to, an information service, system, or
23 access software provider that provides access to a network
24 system commonly known as the Internet, or any comparable
25 system or service and also includes, but is not limited to,
26 a World Wide Web page, newsgroup, message board, mailing

09700HB1139ham001- 22 -LRB097 07039 RLC 50804 a
1 list, or chat area on any interactive computer service or
2 system or other online service.
3 (14) "Authorized emergency vehicle", "rescue vehicle",
4 and "vehicle" have the meanings ascribed to them in
5 Sections 1-105, 1-171.8 and 1-217, respectively, of the
6 Illinois Vehicle Code.
7 (d-5) For the purposes of this Section, the 500 feet
8distance shall be measured from the edge of the property
9comprising the public park building or the real property
10comprising the public park, playground, child care
11institution, day care center, part day child care facility, or
12a facility providing programs or services exclusively directed
13toward persons under 18 years of age, or a victim of the sex
14offense who is under 21 years of age to the edge of the child
15sex offender's place of residence or where he or she is
16loitering.
17 (e) Sentence. A person who violates this Section is guilty
18of a Class 4 felony.
19(Source: P.A. 95-32, eff. 1-1-08; 95-640, eff. 6-1-08; 95-819,
20eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, eff. 8-14-08; 95-876,
21eff. 8-21-08; 95-983, eff. 6-1-09; 96-118, eff. 8-4-09; 96-328,
22eff. 8-11-09; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10.)".
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