Bill Text: IL HB4695 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for any sex offender (rather than just a child sex offender) to knowingly be present in any public park building or on real property comprising any public park or to knowingly loiter on a public way within 500 feet of a public park building or real property comprising any public park.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-04 - Referred to Rules Committee [HB4695 Detail]

Download: Illinois-2009-HB4695-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4695 Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-9.4
720 ILCS 5/11-9.4-1 new
Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for any sex offender (rather than just a child sex offender) to knowingly be present in any public park building or on real property comprising any public park or to knowingly loiter on a public way within 500 feet of a public park building or real property comprising any public park.
LRB096 15793 RLC 31033 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB4695 LRB096 15793 RLC 31033 b
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 and by adding Section 11-9.4-1 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) (Blank) 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) (Blank) 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

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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, day care home,
group day care home, 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. Nothing in this subsection (b-5)
prohibits a child sex offender from residing within 500 feet of
a day care home or group day care home if the property is owned
by the child sex offender and was purchased before August 14,
2008 (the effective date of Public Act 95-821).
(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

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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.
(b-7) It is unlawful for a child sex offender to knowingly
communicate, other than for a lawful purpose under Illinois
law, using the Internet or any other digital media, with a
person under 18 years of age or with a person whom he or she
believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
(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; (v) school
providing before and after school programs for children under
18 years of age; (vi) day care home; or (vii) group day care
home. 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

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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,
school providing before and after school programs for children
under 18 years of age, day care home, or group day care home 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.
(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
January 1, 2009 (the effective date of Public Act 95-820).
(c-7) It is unlawful for a child sex offender to knowingly
offer or provide any programs or services to persons under 18
years of age in his or her residence or the residence of
another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
(c-8) It is unlawful for a child sex offender to knowingly
operate, whether authorized to do so or not, any of the

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following vehicles: (1) a vehicle which is specifically
designed, constructed or modified and equipped to be used for
the retail sale of food or beverages, including but not limited
to an ice cream truck; (2) an authorized emergency vehicle; or
(3) a rescue vehicle.
(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

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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

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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 or 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), 11-20.3 (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

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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:

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10-5(b)(10) (child luring), 10-7 (aiding or
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), 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.
(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),

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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) (Blank) "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

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

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system commonly known as the Internet, or any comparable
system or service and also includes, but is not limited to,
a World Wide Web page, newsgroup, message board, mailing
list, or chat area on any interactive computer service or
system or other online service.
(14) "Authorized emergency vehicle", "rescue vehicle",
and "vehicle" have the meanings ascribed to them in
Sections 1-105, 1-171.8 and 1-217, respectively, of the
Illinois Vehicle Code.
(d-5) For the purposes of this Section, the 500 feet
distance shall be measured from the edge of the property
comprising the public park building or the real property
comprising the public park, 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, or a victim of the sex
offense who is under 21 years of age to the edge of the child
sex offender's place of residence or where he or she is
loitering.
(e) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 95-32, eff. 1-1-08; 95-640, eff. 6-1-08; 95-819,
eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, eff. 8-14-08; 95-876,
eff. 8-21-08; 95-983, eff. 6-1-09; 96-118, eff. 8-4-09; 96-328,
eff. 8-11-09; 96-710, eff. 1-1-10; revised 10-6-09.)

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(720 ILCS 5/11-9.4-1 new)
Sec. 11-9.4-1. Sex offenders; presence or loitering in or
near public parks prohibited.
(a) For the purposes of this Section:
"Public park" includes a park, forest preserve, or
conservation area under the jurisdiction of the State or a
unit of local government.
"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.
"Sex offender" and "sex offense" have the meanings
ascribed to them in Section 2 of the Sex Offender
Registration Act.
(b) It is unlawful for a sex offender to knowingly be
present in any public park building or on real property
comprising any public park.
(c) It is unlawful for a sex offender to knowingly loiter
on a public way within 500 feet of a public park building or
real property comprising any public park. For the purposes of
this subsection (c), the 500 feet distance shall be measured
from the edge of the property comprising the public park

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building or the real property comprising the public park.
(d) Sentence. A person who violates this Section is guilty
of a Class 4 felony.