Bill Text: IL HB6296 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Carnival and Amusement Rides Safety Act. Changes the name of the Act to the Amusement Ride and Attraction Safety Act. Changes the definition of "volunteer" to mean "any person who operates or assists in the operation of an amusement ride or amusement attraction, or performs any other function related to a carnival or fair, for an owner or operator without pay or lodging". Provides that no person, firm, corporation, or other entity that owns or operates a carnival or fair shall employ any individual, or permit any individual to volunteer, who (i) has been convicted of any offense set forth in Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012, (ii) is a registered sex offender, as defined in the Sex Offender Registration Act, or (iii) has ever been convicted of any offense set forth in Article 9 of the Criminal Code of 1961 or the Criminal Code of 2012. Provides that a person, firm, corporation, or other entity that owns or operates a carnival or fair must conduct a criminal history records check and perform a check of the National Sex Offender Public Registry for all employees and volunteers, regardless of their job function, at the time they are hired or begin volunteering, and annually thereafter except if they are in the continued employ of the entity. Provides that a carnival or fair owner is not responsible for any personal information submitted by an employee or volunteer for criminal history records checks. Provides that any person, firm, corporation, or other entity that owns or operates a carnival or fair that violates the provisions of subsection (a) of this Section or fails to conduct a criminal history records check or a sex offender registry check for its employees or volunteers shall be assessed a civil penalty in an amount not to exceed $10,000 for a first offense, not to exceed $25,000 for a second offense, and not to exceed $50,000 for a third or subsequent offense. Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any amusement enterprise, carnival, or fair, including a county fair, when persons under the age of 18 are present. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB6296 Detail]

Download: Illinois-2013-HB6296-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB6296 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
See Index
Amends the Carnival and Amusement Rides Safety Act. Changes the name of the Act to the Amusement Ride and Attraction Safety Act. Changes the definition of "volunteer" to mean "any person who operates or assists in the operation of an amusement ride or amusement attraction, or performs any other function related to a carnival or fair, for an owner or operator without pay or lodging". Provides that no person, firm, corporation, or other entity that owns or operates a carnival or fair shall employ any individual, or permit any individual to volunteer, who (i) has been convicted of any offense set forth in Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012, (ii) is a registered sex offender, as defined in the Sex Offender Registration Act, or (iii) has ever been convicted of any offense set forth in Article 9 of the Criminal Code of 1961 or the Criminal Code of 2012. Provides that a person, firm, corporation, or other entity that owns or operates a carnival or fair must conduct a criminal history records check and perform a check of the National Sex Offender Public Registry for all employees and volunteers, regardless of their job function, at the time they are hired or begin volunteering, and annually thereafter except if they are in the continued employ of the entity. Provides that a carnival or fair owner is not responsible for any personal information submitted by an employee or volunteer for criminal history records checks. Provides that any person, firm, corporation, or other entity that owns or operates a carnival or fair that violates the provisions of subsection (a) of this Section or fails to conduct a criminal history records check or a sex offender registry check for its employees or volunteers shall be assessed a civil penalty in an amount not to exceed $10,000 for a first offense, not to exceed $25,000 for a second offense, and not to exceed $50,000 for a third or subsequent offense. Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender to knowingly operate, manage, be employed by, or be associated with any amusement enterprise, carnival, or fair, including a county fair, when persons under the age of 18 are present. Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Carnival and Amusement Rides Safety Act is
amended by changing Sections 2-1, 2-2, 2-20, and 2-21 as
follows:
(430 ILCS 85/2-1) (from Ch. 111 1/2, par. 4051)
(Text of Section before amendment by P.A. 98-769)
Sec. 2-1. This Article shall be known and may be cited as
the Amusement Ride and Attraction Safety Act "Carnival and
Amusement Rides Safety Act".
(Source: P.A. 83-1240.)
(Text of Section after amendment by P.A. 98-769)
Sec. 2-1. This Article shall be known and may be cited as
the "Amusement Ride and Attraction Safety Act".
(Source: P.A. 98-769, eff. 1-1-15.)
(430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
(Text of Section before amendment by P.A. 98-769)
Sec. 2-2. Definitions. As used in this Act, unless the
context otherwise requires:
1. "Director" means the Director of Labor or his or her

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designee.
2. "Department" means Department of Labor.
3. "Amusement attraction" means an enclosed building or
structure, including electrical equipment which is an integral
part of the building or structure, through which people walk
without the aid of any moving device, that provides amusement,
thrills or excitement at a fair or carnival, except any such
enclosed building or structure which is subject to the
jurisdiction of a local building code.
4. "Amusement ride" means:
(a) any mechanized device or combination of devices,
including electrical equipment which is an integral part of
the device or devices, which carries passengers along,
around, or over a fixed or restricted course for the
primary purpose of giving its passengers amusement,
pleasure, thrills, or excitement;
(b) any ski lift, rope tow, or other device used to
transport snow skiers;
(c) (blank);
(d) any dry slide over 20 feet in height, alpine slide,
or toboggan slide;
(e) any tram, open car, or combination of open cars or
wagons pulled by a tractor or other motorized device which
is not licensed by the Secretary of State, which may, but
does not necessarily follow a fixed or restricted course,
and is used primarily for the purpose of giving its

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passengers amusement, pleasure, thrills or excitement, and
for which an individual fee is charged or a donation
accepted with the exception of hayrack rides;
(f) any bungee cord or similar elastic device; or
(g) any inflatable attraction.
5. "Carnival" means an enterprise which offers amusement or
entertainment to the public by means of one or more amusement
attractions or amusement rides.
6. "Fair" means an enterprise principally devoted to the
exhibition of products of agriculture or industry in connection
with which amusement rides or amusement attractions are
operated.
7. "Operator" means a person, or the agent of a person, who
owns or controls or has the duty to control the operation of an
amusement ride or an amusement attraction at a carnival or
fair. "Operator" includes an agency of the State or any of its
political subdivisions.
8. "Carnival worker" means a person who is employed (and is
therefore not a volunteer) by a carnival or fair to manage,
physically operate, or assist in the operation of an amusement
ride or amusement attraction when it is open to the public.
9. "Volunteer" means any a person who operates or assists
in the operation of an amusement ride or amusement attraction,
or performs any other function related to a carnival or fair,
for an owner or operator without pay or lodging. An individual
shall not be considered a volunteer if the individual is

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otherwise employed by the same owner or operator to perform the
same type of service as those for which the individual proposes
to volunteer.
10. "Inflatable attraction" means an amusement ride or
device designed for use that may include, but not be limited
to, bounce, climb, slide, or interactive play, which is made of
flexible fabric, is kept inflated by continuous air flow by one
or more blowers, and relies upon air pressure to maintain its
shape.
(Source: P.A. 98-541, eff. 8-23-13.)
(Text of Section after amendment by P.A. 98-769)
Sec. 2-2. Definitions. As used in this Act, unless the
context otherwise requires:
1. "Director" means the Director of Labor or his or her
designee.
2. "Department" means Department of Labor.
3. "Amusement attraction" means an enclosed building or
structure, including electrical equipment which is an integral
part of the building or structure, through which people walk
without the aid of any moving device, that provides amusement,
thrills or excitement at a fair, carnival, or an amusement
enterprise, except any such enclosed building or structure
which is subject to the jurisdiction of a local building code.
4. "Amusement ride" means:
(a) any mechanized device or combination of devices,

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including electrical equipment which is an integral part of
the device or devices, which carries passengers along,
around, or over a fixed or restricted course for the
primary purpose of giving its passengers amusement,
pleasure, thrills, or excitement;
(b) any ski lift, rope tow, or other device used to
transport snow skiers;
(c) (blank);
(d) any dry slide over 20 feet in height, alpine slide,
or toboggan slide;
(e) any tram, open car, or combination of open cars or
wagons pulled by a tractor or other motorized device which
is not licensed by the Secretary of State, which may, but
does not necessarily follow a fixed or restricted course,
and is used primarily for the purpose of giving its
passengers amusement, pleasure, thrills or excitement, and
for which an individual fee is charged or a donation
accepted with the exception of hayrack rides;
(f) any bungee cord or similar elastic device; or
(g) any inflatable attraction.
5. "Carnival" or "amusement enterprise" means an
enterprise which offers amusement or entertainment to the
public by means of one or more amusement attractions or
amusement rides.
6. "Fair" means an enterprise principally devoted to the
exhibition of products of agriculture or industry in connection

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with which amusement rides or amusement attractions are
operated.
7. "Operator" means a person, or the agent of a person, who
owns or controls or has the duty to control the operation of an
amusement ride or an amusement attraction at a carnival,
amusement enterprise, or fair. "Operator" includes an agency of
the State or any of its political subdivisions.
8. "Carnival worker" or "amusement enterprise worker"
means a person who is employed (and is therefore not a
volunteer) by a carnival, amusement enterprise, or fair to
manage, physically operate, or assist in the operation of an
amusement ride or amusement attraction when it is open to the
public.
9. "Volunteer" means any a person who operates or assists
in the operation of an amusement ride or amusement attraction,
or performs any other function related to a carnival or fair,
for an owner or operator without pay or lodging. An individual
shall not be considered a volunteer if the individual is
otherwise employed by the same owner or operator to perform the
same type of service as those for which the individual proposes
to volunteer.
10. "Inflatable attraction" means an amusement ride or
device designed for use that may include, but not be limited
to, bounce, climb, slide, or interactive play, which is made of
flexible fabric, is kept inflated by continuous air flow by one
or more blowers, and relies upon air pressure to maintain its

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shape.
(Source: P.A. 98-541, eff. 8-23-13; 98-769, eff. 1-1-15.)
(430 ILCS 85/2-20)
(Text of Section before amendment by P.A. 98-769)
Sec. 2-20. Employment of carnival workers.
(a) Beginning on January 1, 2008, no person, firm,
corporation, or other entity that owns or operates a carnival
or fair shall employ any individual, or permit any individual
to volunteer, a carnival worker who (i) has been convicted of
any offense set forth in Article 11 of the Criminal Code of
1961 or the Criminal Code of 2012, (ii) is a registered sex
offender, as defined in the Sex Offender Registration Act, or
(iii) has ever been convicted of any offense set forth in
Article 9 of the Criminal Code of 1961 or the Criminal Code of
2012.
(b) A person, firm, corporation, or other entity that owns
or operates a carnival or fair must conduct a criminal history
records check and perform a check of the National Sex Offender
Public Registry for all employees and volunteers, regardless of
their job function, carnival workers at the time they are hired
or begin volunteering, and annually thereafter except if they
are in the continued employ of the entity.
The criminal history records check performed under this
subsection (b) shall be performed by the Illinois State Police,
another State or federal law enforcement agency, or a business

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belonging to the National Association of Professional
Background Check Screeners. Any criminal history checks
performed by the Illinois State Police shall be pursuant to the
Illinois Uniform Conviction Information Act.
Individuals who are under the age of 17 are exempt from the
criminal history records check requirements set forth in this
subsection (b).
(c) Any person, firm, corporation, or other entity that
owns or operates a carnival or fair must have a substance abuse
policy in place for its workers, which shall include random
drug testing of carnival workers.
(d) Any person, firm, corporation, or other entity that
owns or operates a carnival or fair that violates the
provisions of subsection (a) of this Section or fails to
conduct a criminal history records check or a sex offender
registry check for its employees or volunteers carnival workers
in its employ, as required by subsection (b) of this Section,
shall be assessed a civil penalty in an amount not to exceed
$10,000 $1,000 for a first offense, not to exceed $25,000
$5,000 for a second offense, and not to exceed $50,000 $15,000
for a third or subsequent offense. The collection of these
penalties shall be enforced in a civil action brought by the
Attorney General on behalf of the Department.
(e) A carnival or fair owner is not responsible for:
(1) any personal information submitted by an employee
or volunteer a carnival worker for criminal history records

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check purposes; or
(2) any information provided by a third party for a
criminal history records check or a sex offender registry
check.
(f) Recordkeeping requirements. Any person, firm,
corporation, or other entity that owns or operates a carnival
or fair subject to the provisions of this Act shall make,
preserve, and make available to the Department, upon its
request, all records that are required by this Act, including
but not limited to a written substance abuse policy, evidence
of the required criminal history records check and sex offender
registry check, and any other information the Director may deem
necessary and appropriate for enforcement of this Act.
(g) A carnival or fair owner shall not be liable to any
employee or volunteer in carrying out the requirements of this
Section.
(Source: P.A. 96-151, eff. 8-7-09; 97-1150, eff. 1-25-13.)
(Text of Section after amendment by P.A. 98-769)
Sec. 2-20. Employment of carnival and amusement enterprise
workers.
(a) Beginning on January 1, 2008, no person, firm,
corporation, or other entity that owns or operates a carnival,
amusement enterprise, or fair shall employ any individual, or
permit any individual to volunteer, a carnival or amusement
enterprise worker who (i) has been convicted of any offense set

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forth in Article 11 of the Criminal Code of 1961 or the
Criminal Code of 2012, (ii) is a registered sex offender, as
defined in the Sex Offender Registration Act, or (iii) has ever
been convicted of any offense set forth in Article 9 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(b) A person, firm, corporation, or other entity that owns
or operates a carnival, amusement enterprise, or fair must
conduct a criminal history records check and perform a check of
the National Sex Offender Public Registry for all employees and
volunteers, regardless of their job function, carnival or
amusement enterprise workers at the time they are hired or
begin volunteering, and annually thereafter except if they are
in the continued employ of the entity.
The criminal history records check performed under this
subsection (b) shall be performed by the Illinois State Police,
another State or federal law enforcement agency, or a business
belonging to the National Association of Professional
Background Check Screeners. Any criminal history checks
performed by the Illinois State Police shall be pursuant to the
Illinois Uniform Conviction Information Act.
Individuals who are under the age of 17 are exempt from the
criminal history records check requirements set forth in this
subsection (b).
(c) Any person, firm, corporation, or other entity that
owns or operates a carnival, amusement enterprise, or fair must
have a substance abuse policy in place for its workers, which

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shall include random drug testing of carnival or amusement
enterprise workers.
(d) Any person, firm, corporation, or other entity that
owns or operates a carnival, amusement enterprise, or fair that
violates the provisions of subsection (a) of this Section or
fails to conduct a criminal history records check or a sex
offender registry check for its employees or volunteers
carnival or amusement enterprise workers in its employ, as
required by subsection (b) of this Section, shall be assessed a
civil penalty in an amount not to exceed $10,000 $1,000 for a
first offense, not to exceed $25,000 $5,000 for a second
offense, and not to exceed $50,000 $15,000 for a third or
subsequent offense. The collection of these penalties shall be
enforced in a civil action brought by the Attorney General on
behalf of the Department.
(e) A carnival, amusement enterprise, or fair owner is not
responsible for:
(1) any personal information submitted by an employee
or volunteer a carnival or amusement enterprise worker for
criminal history records check purposes; or
(2) any information provided by a third party for a
criminal history records check or a sex offender registry
check.
(f) Recordkeeping requirements. Any person, firm,
corporation, or other entity that owns or operates a carnival,
amusement enterprise, or fair subject to the provisions of this

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Act shall make, preserve, and make available to the Department,
upon its request, all records that are required by this Act,
including but not limited to a written substance abuse policy,
evidence of the required criminal history records check and sex
offender registry check, and any other information the Director
may deem necessary and appropriate for enforcement of this Act.
(g) A carnival, amusement enterprise, or fair owner shall
not be liable to any employee or volunteer in carrying out the
requirements of this Section.
(Source: P.A. 97-1150, eff. 1-25-13; 98-769, eff. 1-1-15.)
(430 ILCS 85/2-21)
Sec. 2-21. Volunteers. Criminal background checks of
volunteers, who manage, physically operate, or assist in the
operation of an amusement ride or amusement attraction when it
is open to the public, shall be left to the discretion of local
law enforcement which has jurisdictional authority in the
community in which the event is being held. Volunteers shall be
required to comply with any training and age requirements as
prescribed by rule.
(Source: P.A. 96-151, eff. 8-7-09.)
Section 10. The Criminal Code of 2012 is amended by
changing Section 11-9.3 as follows:
(720 ILCS 5/11-9.3)

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Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited; approaching, contacting, residing with,
or communicating with a child within certain places by child
sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be
present in any school building, on real property comprising any
school, or in any conveyance owned, leased, or contracted by a
school to transport students to or from school or a school
related activity when persons under the age of 18 are present
in the building, on the grounds or in the conveyance, unless
the offender is a parent or guardian of a student attending the
school and the parent or guardian is: (i) attending a
conference at the school with school personnel to discuss the
progress of his or her child academically or socially, (ii)
participating in child review conferences in which evaluation
and placement decisions may be made with respect to his or her
child regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
unless the offender has permission to be present from the
superintendent or the school board or in the case of a private
school from the principal. In the case of a public school, if
permission is granted, the superintendent or school board
president must inform the principal of the school where the sex
offender will be present. Notification includes the nature of

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the sex offender's visit and the hours in which the sex
offender will be present in the school. The sex offender is
responsible for notifying the principal's office when he or she
arrives on school property and when he or she departs from
school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain
under the direct supervision of a school official.
(a-5) It is unlawful for a child sex offender to knowingly
be present within 100 feet of a site posted as a pick-up or
discharge stop for a conveyance owned, leased, or contracted by
a school to transport students to or from school or a school
related activity when one or more persons under the age of 18
are present at the site.
(a-10) It is unlawful for a child sex offender to knowingly
be present in any public park building, a playground or
recreation area within any publicly accessible privately owned
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) It is unlawful for a child sex offender to knowingly
loiter within 500 feet of a school building or real property
comprising any school while persons under the age of 18 are
present in the building or on the grounds, unless the offender

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is a parent or guardian of a student attending the school and
the parent or guardian is: (i) attending a conference at the
school with school personnel to discuss the progress of his or
her child academically or socially, (ii) participating in child
review conferences in which evaluation and placement decisions
may be made with respect to his or her child regarding special
education services, or (iii) attending conferences to discuss
other student issues concerning his or her child such as
retention and promotion and notifies the principal of the
school of his or her presence at the school or has permission
to be present from the superintendent or the school board or in
the case of a private school from the principal. In the case of
a public school, if permission is granted, the superintendent
or school board president must inform the principal of the
school where the sex offender will be present. Notification
includes the nature of the sex offender's visit and the hours
in which the sex offender will be present in the school. The
sex offender is responsible for notifying the principal's
office when he or she arrives on school property and when he or
she departs from school property. If the sex offender is to be
present in the vicinity of children, the sex offender has the
duty to remain under the direct supervision of a school
official.
(b-2) 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

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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-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a school building or the real
property comprising any school that persons under the age of 18
attend. Nothing in this subsection (b-5) prohibits a child sex
offender from residing within 500 feet of a school building or
the real property comprising any school that persons under 18
attend if the property is owned by the child sex offender and
was purchased before July 7, 2000 (the effective date of Public
Act 91-911).
(b-10) 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-10) 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 July 7,
2000. Nothing in this subsection (b-10) prohibits a child sex
offender from residing within 500 feet of a child care

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institution, day care center, or part day child care facility
if the property is owned by the child sex offender and was
purchased before June 26, 2006. Nothing in this subsection
(b-10) 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-15) 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-15) 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 August 22,
2002.
This subsection (b-15) does not apply if the victim of the
sex offense is 21 years of age or older.
(b-20) 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

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programs or services exclusively directed toward 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 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, or 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-2) It is unlawful for a child sex offender to
participate in a holiday event involving children under 18
years of age, including but not limited to distributing candy
or other items to children on Halloween, wearing a Santa Claus
costume on or preceding Christmas, being employed as a
department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter. For the purposes of this
subsection, child sex offender has the meaning as defined in
this Section, but does not include as a sex offense under

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paragraph (2) of subsection (d) of this Section, the offense
under subsection (c) of Section 11-1.50 of this Code. This
subsection does not apply to a child sex offender who is a
parent or guardian of children under 18 years of age that are
present in the home and other non-familial minors are not
present.
(c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
amusement enterprise, carnival, or fair, including a county
fair, county fair when persons under the age of 18 are present.
For purposes of this section, "amusement enterprise",
"carnival", and "fair" have the meanings given to those terms
in the Amusement Ride and Attraction Safety Act.
(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,

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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
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 the victim is a person under
18 years of age at the time of the 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

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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
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

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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
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 or the Criminal Code of 2012:
10-4 (forcible detention), 10-7 (aiding or abetting
child abduction under Section 10-5(b)(10)),
10-5(b)(10) (child luring), 11-1.40 (predatory
criminal sexual assault of a child), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9.1 (sexual exploitation
of a child), 11-9.2 (custodial sexual misconduct),
11-9.5 (sexual misconduct with a person with a
disability), 11-11 (sexual relations within families),
11-14.3(a)(1) (promoting prostitution by advancing
prostitution), 11-14.3(a)(2)(A) (promoting
prostitution by profiting from prostitution by
compelling a person to be a prostitute),
11-14.3(a)(2)(C) (promoting prostitution by profiting
from prostitution by means other than as described in

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subparagraphs (A) and (B) of paragraph (2) of
subsection (a) of Section 11-14.3), 11-14.4 (promoting
juvenile prostitution), 11-18.1 (patronizing a
juvenile prostitute), 11-20.1 (child pornography),
11-20.1B (aggravated child pornography), 11-21
(harmful material), 11-25 (grooming), 11-26 (traveling
to meet a minor), 12-33 (ritualized abuse of a child),
11-20 (obscenity) (when that offense was committed in
any school, on real property comprising any school, in
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), 11-30 (public
indecency) (when committed in a school, on real
property comprising a school, in 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.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of
age: 11-1.20 (criminal sexual assault), 11-1.30
(aggravated criminal sexual assault), 11-1.50
(criminal sexual abuse), 11-1.60 (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 or the Criminal Code of
2012, 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),
11-9.1(A) (permitting sexual abuse of a child).
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) or (2)(ii) of subsection (d) of this
Section.
(2.5) For the purposes of subsections (b-5) and (b-10)
only, a sex offense means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012:
10-5(b)(10) (child luring), 10-7 (aiding or
abetting child abduction under Section 10-5(b)(10)),
11-1.40 (predatory criminal sexual assault of a
child), 11-6 (indecent solicitation of a child),
11-6.5 (indecent solicitation of an adult), 11-9.2
(custodial sexual misconduct), 11-9.5 (sexual
misconduct with a person with a disability), 11-11
(sexual relations within families), 11-14.3(a)(1)

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(promoting prostitution by advancing prostitution),
11-14.3(a)(2)(A) (promoting prostitution by profiting
from prostitution by compelling a person to be a
prostitute), 11-14.3(a)(2)(C) (promoting prostitution
by profiting from prostitution by means other than as
described in subparagraphs (A) and (B) of paragraph (2)
of subsection (a) of Section 11-14.3), 11-14.4
(promoting juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-20.1 (child
pornography), 11-20.1B (aggravated child pornography),
11-25 (grooming), 11-26 (traveling to meet a minor), 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 or the Criminal Code of
2012, when the victim is a person under 18 years of
age: 11-1.20 (criminal sexual assault), 11-1.30
(aggravated criminal sexual assault), 11-1.60
(aggravated criminal sexual abuse), and subsection (a)
of Section 11-1.50 (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 or the Criminal Code of
2012, 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),
11-9.1(A) (permitting sexual abuse of a child).
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 subsection (d) of
this Section 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) "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.
(5) "Child care institution" has the meaning ascribed
to it in Section 2.06 of the Child Care Act of 1969.
(6) "Day care center" has the meaning ascribed to it in
Section 2.09 of the Child Care Act of 1969.
(7) "Day care home" has the meaning ascribed to it in

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Section 2.18 of the Child Care Act of 1969.
(8) "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.
(9) "Group day care home" has the meaning ascribed to
it in Section 2.20 of the Child Care Act of 1969.
(10) "Internet" has the meaning set forth in Section
16-0.1 of this Code.
(11) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around
school or public park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around
school or public park property, for the purpose of
committing or attempting to commit a sex offense.
(iii) Entering or remaining in a building in or
around school property, other than the offender's
residence.
(12) "Part day child care facility" has the meaning
ascribed to it in Section 2.10 of the Child Care Act of
1969.
(13) "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

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for children's recreation.
(14) "Public park" includes a park, forest preserve,
bikeway, trail, or conservation area under the
jurisdiction of the State or a unit of local government.
(15) "School" means a public or private preschool or
elementary or secondary school.
(16) "School official" means the principal, a teacher,
or any other certified employee of the school, the
superintendent of schools or a member of the school board.
(e) For the purposes of this Section, the 500 feet distance
shall be measured from: (1) the edge of the property of the
school building or the real property comprising the school that
is closest to the edge of the property of the child sex
offender's residence or where he or she is loitering, and (2)
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 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 place
where he or she is loitering.
(f) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 97-698, eff. 1-1-13; 97-699, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-266, eff. 1-1-14.)

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Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance