Bill Text: IL HB0400 | 2015-2016 | 99th General Assembly | Introduced


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 17-0)

Status: (Introduced - Dead) 2015-03-31 - Added Co-Sponsor Rep. Michael J. Zalewski [HB0400 Detail]

Download: Illinois-2015-HB0400-Introduced.html


99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0400

Introduced , by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:
430 ILCS 85/2-1 from Ch. 111 1/2, par. 4051
430 ILCS 85/2-2 from Ch. 111 1/2, par. 4052
430 ILCS 85/2-20
430 ILCS 85/2-21
720 ILCS 5/11-9.3

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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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Carnival and Amusement Rides Safety Act is
5amended by changing Sections 2-1, 2-2, 2-20, and 2-21 as
6follows:
7 (430 ILCS 85/2-1) (from Ch. 111 1/2, par. 4051)
8 Sec. 2-1. This Article shall be known and may be cited as
9the "Amusement Ride and Attraction Safety Act".
10(Source: P.A. 98-769, eff. 1-1-15.)
11 (430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
12 Sec. 2-2. Definitions. As used in this Act, unless the
13context otherwise requires:
14 1. "Director" means the Director of Labor or his or her
15designee.
16 2. "Department" means Department of Labor.
17 3. "Amusement attraction" means an enclosed building or
18structure, including electrical equipment which is an integral
19part of the building or structure, through which people walk
20without the aid of any moving device, that provides amusement,
21thrills or excitement at a fair, carnival, or an amusement
22enterprise, except any such enclosed building or structure

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1which is subject to the jurisdiction of a local building code.
2 4. "Amusement ride" means:
3 (a) any mechanized device or combination of devices,
4 including electrical equipment which is an integral part of
5 the device or devices, which carries passengers along,
6 around, or over a fixed or restricted course for the
7 primary purpose of giving its passengers amusement,
8 pleasure, thrills, or excitement;
9 (b) any ski lift, rope tow, or other device used to
10 transport snow skiers;
11 (c) (blank);
12 (d) any dry slide over 20 feet in height, alpine slide,
13 or toboggan slide;
14 (e) any tram, open car, or combination of open cars or
15 wagons pulled by a tractor or other motorized device which
16 is not licensed by the Secretary of State, which may, but
17 does not necessarily follow a fixed or restricted course,
18 and is used primarily for the purpose of giving its
19 passengers amusement, pleasure, thrills or excitement, and
20 for which an individual fee is charged or a donation
21 accepted with the exception of hayrack rides;
22 (f) any bungee cord or similar elastic device; or
23 (g) any inflatable attraction.
24 5. "Carnival" or "amusement enterprise" means an
25enterprise which offers amusement or entertainment to the
26public by means of one or more amusement attractions or

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1amusement rides.
2 6. "Fair" means an enterprise principally devoted to the
3exhibition of products of agriculture or industry in connection
4with which amusement rides or amusement attractions are
5operated.
6 7. "Operator" means a person, or the agent of a person, who
7owns or controls or has the duty to control the operation of an
8amusement ride or an amusement attraction at a carnival,
9amusement enterprise, or fair. "Operator" includes an agency of
10the State or any of its political subdivisions.
11 8. "Carnival worker" or "amusement enterprise worker"
12means a person who is employed (and is therefore not a
13volunteer) by a carnival, amusement enterprise, or fair to
14manage, physically operate, or assist in the operation of an
15amusement ride or amusement attraction when it is open to the
16public.
17 9. "Volunteer" means any a person who operates or assists
18in the operation of an amusement ride or amusement attraction,
19or performs any other function related to a carnival or fair,
20for an owner or operator without pay or lodging. An individual
21shall not be considered a volunteer if the individual is
22otherwise employed by the same owner or operator to perform the
23same type of service as those for which the individual proposes
24to volunteer.
25 10. "Inflatable attraction" means an amusement ride or
26device designed for use that may include, but not be limited

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1to, bounce, climb, slide, or interactive play, which is made of
2flexible fabric, is kept inflated by continuous air flow by one
3or more blowers, and relies upon air pressure to maintain its
4shape.
5(Source: P.A. 98-541, eff. 8-23-13; 98-769, eff. 1-1-15.)
6 (430 ILCS 85/2-20)
7 Sec. 2-20. Employment of carnival and amusement enterprise
8workers.
9 (a) Beginning on January 1, 2008, no person, firm,
10corporation, or other entity that owns or operates a carnival,
11amusement enterprise, or fair shall employ any individual, or
12permit any individual to volunteer, a carnival or amusement
13enterprise worker who (i) has been convicted of any offense set
14forth in Article 11 of the Criminal Code of 1961 or the
15Criminal Code of 2012, (ii) is a registered sex offender, as
16defined in the Sex Offender Registration Act, or (iii) has ever
17been convicted of any offense set forth in Article 9 of the
18Criminal Code of 1961 or the Criminal Code of 2012.
19 (b) A person, firm, corporation, or other entity that owns
20or operates a carnival, amusement enterprise, or fair must
21conduct a criminal history records check and perform a check of
22the National Sex Offender Public Registry for all employees and
23volunteers, regardless of their job function, carnival or
24amusement enterprise workers at the time they are hired or
25begin volunteering, and annually thereafter except if they are

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1in the continued employ of the entity.
2 The criminal history records check performed under this
3subsection (b) shall be performed by the Illinois State Police,
4another State or federal law enforcement agency, or a business
5belonging to the National Association of Professional
6Background Check Screeners. Any criminal history checks
7performed by the Illinois State Police shall be pursuant to the
8Illinois Uniform Conviction Information Act.
9 Individuals who are under the age of 17 are exempt from the
10criminal history records check requirements set forth in this
11subsection (b).
12 (c) Any person, firm, corporation, or other entity that
13owns or operates a carnival, amusement enterprise, or fair must
14have a substance abuse policy in place for its workers, which
15shall include random drug testing of carnival or amusement
16enterprise workers.
17 (d) Any person, firm, corporation, or other entity that
18owns or operates a carnival, amusement enterprise, or fair that
19violates the provisions of subsection (a) of this Section or
20fails to conduct a criminal history records check or a sex
21offender registry check for its employees or volunteers
22carnival or amusement enterprise workers in its employ, as
23required by subsection (b) of this Section, shall be assessed a
24civil penalty in an amount not to exceed $10,000 $1,000 for a
25first offense, not to exceed $25,000 $5,000 for a second
26offense, and not to exceed $50,000 $15,000 for a third or

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1subsequent offense. The collection of these penalties shall be
2enforced in a civil action brought by the Attorney General on
3behalf of the Department.
4 (e) A carnival, amusement enterprise, or fair owner is not
5responsible for:
6 (1) any personal information submitted by an employee
7 or volunteer a carnival or amusement enterprise worker for
8 criminal history records check purposes; or
9 (2) any information provided by a third party for a
10 criminal history records check or a sex offender registry
11 check.
12 (f) Recordkeeping requirements. Any person, firm,
13corporation, or other entity that owns or operates a carnival,
14amusement enterprise, or fair subject to the provisions of this
15Act shall make, preserve, and make available to the Department,
16upon its request, all records that are required by this Act,
17including but not limited to a written substance abuse policy,
18evidence of the required criminal history records check and sex
19offender registry check, and any other information the Director
20may deem necessary and appropriate for enforcement of this Act.
21 (g) A carnival, amusement enterprise, or fair owner shall
22not be liable to any employee or volunteer in carrying out the
23requirements of this Section.
24(Source: P.A. 97-1150, eff. 1-25-13; 98-769, eff. 1-1-15.)
25 (430 ILCS 85/2-21)

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1 Sec. 2-21. Volunteers. Criminal background checks of
2volunteers, who manage, physically operate, or assist in the
3operation of an amusement ride or amusement attraction when it
4is open to the public, shall be left to the discretion of local
5law enforcement which has jurisdictional authority in the
6community in which the event is being held. Volunteers shall be
7required to comply with any training and age requirements as
8prescribed by rule.
9(Source: P.A. 96-151, eff. 8-7-09.)
10 Section 10. The Criminal Code of 2012 is amended by
11changing Section 11-9.3 as follows:
12 (720 ILCS 5/11-9.3)
13 Sec. 11-9.3. Presence within school zone by child sex
14offenders prohibited; approaching, contacting, residing with,
15or communicating with a child within certain places by child
16sex offenders prohibited.
17 (a) It is unlawful for a child sex offender to knowingly be
18present in any school building, on real property comprising any
19school, or in any conveyance owned, leased, or contracted by a
20school to transport students to or from school or a school
21related activity when persons under the age of 18 are present
22in the building, on the grounds or in the conveyance, unless
23the offender is a parent or guardian of a student attending the
24school 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.
22 (a-5) It is unlawful for a child sex offender to knowingly
23be present within 100 feet of a site posted as a pick-up or
24discharge stop for a conveyance owned, leased, or contracted by
25a school to transport students to or from school or a school
26related activity when one or more persons under the age of 18

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1are present at the site.
2 (a-10) It is unlawful for a child sex offender to knowingly
3be present in any public park building, a playground or
4recreation area within any publicly accessible privately owned
5building, or on real property comprising any public park when
6persons under the age of 18 are present in the building or on
7the grounds and to approach, contact, or communicate with a
8child under 18 years of age, unless the offender is a parent or
9guardian of a person under 18 years of age present in the
10building or on the grounds.
11 (b) It is unlawful for a child sex offender to knowingly
12loiter within 500 feet of a school building or real property
13comprising any school while persons under the age of 18 are
14present in the building or on the grounds, unless the offender
15is a parent or guardian of a student attending the school and
16the parent or guardian is: (i) attending a conference at the
17school with school personnel to discuss the progress of his or
18her child academically or socially, (ii) participating in child
19review conferences in which evaluation and placement decisions
20may be made with respect to his or her child regarding special
21education services, or (iii) attending conferences to discuss
22other student issues concerning his or her child such as
23retention and promotion and notifies the principal of the
24school of his or her presence at the school or has permission
25to be present from the superintendent or the school board or in
26the case of a private school from the principal. In the case of

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1a public school, if permission is granted, the superintendent
2or school board president must inform the principal of the
3school where the sex offender will be present. Notification
4includes the nature of the sex offender's visit and the hours
5in which the sex offender will be present in the school. The
6sex offender is responsible for notifying the principal's
7office when he or she arrives on school property and when he or
8she departs from school property. If the sex offender is to be
9present in the vicinity of children, the sex offender has the
10duty to remain under the direct supervision of a school
11official.
12 (b-2) It is unlawful for a child sex offender to knowingly
13loiter on a public way within 500 feet of a public park
14building or real property comprising any public park while
15persons under the age of 18 are present in the building or on
16the grounds and to approach, contact, or communicate with a
17child under 18 years of age, unless the offender is a parent or
18guardian of a person under 18 years of age present in the
19building or on the grounds.
20 (b-5) It is unlawful for a child sex offender to knowingly
21reside within 500 feet of a school building or the real
22property comprising any school that persons under the age of 18
23attend. Nothing in this subsection (b-5) prohibits a child sex
24offender from residing within 500 feet of a school building or
25the real property comprising any school that persons under 18
26attend if the property is owned by the child sex offender and

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1was purchased before July 7, 2000 (the effective date of Public
2Act 91-911).
3 (b-10) It is unlawful for a child sex offender to knowingly
4reside within 500 feet of a playground, child care institution,
5day care center, part day child care facility, day care home,
6group day care home, or a facility providing programs or
7services exclusively directed toward persons under 18 years of
8age. Nothing in this subsection (b-10) prohibits a child sex
9offender from residing within 500 feet of a playground or a
10facility providing programs or services exclusively directed
11toward persons under 18 years of age if the property is owned
12by the child sex offender and was purchased before July 7,
132000. Nothing in this subsection (b-10) prohibits a child sex
14offender from residing within 500 feet of a child care
15institution, day care center, or part day child care facility
16if the property is owned by the child sex offender and was
17purchased before June 26, 2006. Nothing in this subsection
18(b-10) prohibits a child sex offender from residing within 500
19feet of a day care home or group day care home if the property
20is owned by the child sex offender and was purchased before
21August 14, 2008 (the effective date of Public Act 95-821).
22 (b-15) It is unlawful for a child sex offender to knowingly
23reside within 500 feet of the victim of the sex offense.
24Nothing in this subsection (b-15) prohibits a child sex
25offender from residing within 500 feet of the victim if the
26property in which the child sex offender resides is owned by

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1the child sex offender and was purchased before August 22,
22002.
3 This subsection (b-15) does not apply if the victim of the
4sex offense is 21 years of age or older.
5 (b-20) It is unlawful for a child sex offender to knowingly
6communicate, other than for a lawful purpose under Illinois
7law, using the Internet or any other digital media, with a
8person under 18 years of age or with a person whom he or she
9believes to be a person under 18 years of age, unless the
10offender is a parent or guardian of the person under 18 years
11of age.
12 (c) It is unlawful for a child sex offender to knowingly
13operate, manage, be employed by, volunteer at, be associated
14with, or knowingly be present at any: (i) facility providing
15programs or services exclusively directed toward persons under
16the age of 18; (ii) day care center; (iii) part day child care
17facility; (iv) child care institution; (v) school providing
18before and after school programs for children under 18 years of
19age; (vi) day care home; or (vii) group day care home. This
20does not prohibit a child sex offender from owning the real
21property upon which the programs or services are offered or
22upon which the day care center, part day child care facility,
23child care institution, or school providing before and after
24school programs for children under 18 years of age is located,
25provided the child sex offender refrains from being present on
26the premises for the hours during which: (1) the programs or

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1services are being offered or (2) the day care center, part day
2child care facility, child care institution, or school
3providing before and after school programs for children under
418 years of age, day care home, or group day care home is
5operated.
6 (c-2) It is unlawful for a child sex offender to
7participate in a holiday event involving children under 18
8years of age, including but not limited to distributing candy
9or other items to children on Halloween, wearing a Santa Claus
10costume on or preceding Christmas, being employed as a
11department store Santa Claus, or wearing an Easter Bunny
12costume on or preceding Easter. For the purposes of this
13subsection, child sex offender has the meaning as defined in
14this Section, but does not include as a sex offense under
15paragraph (2) of subsection (d) of this Section, the offense
16under subsection (c) of Section 11-1.50 of this Code. This
17subsection does not apply to a child sex offender who is a
18parent or guardian of children under 18 years of age that are
19present in the home and other non-familial minors are not
20present.
21 (c-5) It is unlawful for a child sex offender to knowingly
22operate, manage, be employed by, or be associated with any
23amusement enterprise, carnival, or fair, including a county
24fair, county fair when persons under the age of 18 are present.
25For purposes of this section, "amusement enterprise",
26"carnival", and "fair" have the meanings given to those terms

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

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

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1 (F) is the subject of a finding not resulting
2 in an acquittal at a hearing conducted pursuant to
3 a federal law or the law of another state
4 substantially similar to subsection (a) of Section
5 104-25 of the Code of Criminal Procedure of 1963
6 for the alleged violation or attempted commission
7 of such offense; or
8 (ii) is certified as a sexually dangerous person
9 pursuant to the Illinois Sexually Dangerous Persons
10 Act, or any substantially similar federal law or the
11 law of another state, when any conduct giving rise to
12 such certification is committed or attempted against a
13 person less than 18 years of age; or
14 (iii) is subject to the provisions of Section 2 of
15 the Interstate Agreements on Sexually Dangerous
16 Persons Act.
17 Convictions that result from or are connected with the
18 same act, or result from offenses committed at the same
19 time, shall be counted for the purpose of this Section as
20 one conviction. Any conviction set aside pursuant to law is
21 not a conviction for purposes of this Section.
22 (2) Except as otherwise provided in paragraph (2.5),
23 "sex offense" means:
24 (i) A violation of any of the following Sections of
25 the Criminal Code of 1961 or the Criminal Code of 2012:
26 10-4 (forcible detention), 10-7 (aiding or abetting

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1 child abduction under Section 10-5(b)(10)),
2 10-5(b)(10) (child luring), 11-1.40 (predatory
3 criminal sexual assault of a child), 11-6 (indecent
4 solicitation of a child), 11-6.5 (indecent
5 solicitation of an adult), 11-9.1 (sexual exploitation
6 of a child), 11-9.2 (custodial sexual misconduct),
7 11-9.5 (sexual misconduct with a person with a
8 disability), 11-11 (sexual relations within families),
9 11-14.3(a)(1) (promoting prostitution by advancing
10 prostitution), 11-14.3(a)(2)(A) (promoting
11 prostitution by profiting from prostitution by
12 compelling a person to be a prostitute),
13 11-14.3(a)(2)(C) (promoting prostitution by profiting
14 from prostitution by means other than as described in
15 subparagraphs (A) and (B) of paragraph (2) of
16 subsection (a) of Section 11-14.3), 11-14.4 (promoting
17 juvenile prostitution), 11-18.1 (patronizing a
18 juvenile prostitute), 11-20.1 (child pornography),
19 11-20.1B (aggravated child pornography), 11-21
20 (harmful material), 11-25 (grooming), 11-26 (traveling
21 to meet a minor), 12-33 (ritualized abuse of a child),
22 11-20 (obscenity) (when that offense was committed in
23 any school, on real property comprising any school, in
24 any conveyance owned, leased, or contracted by a school
25 to transport students to or from school or a school
26 related activity, or in a public park), 11-30 (public

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1 indecency) (when committed in a school, on real
2 property comprising a school, in any conveyance owned,
3 leased, or contracted by a school to transport students
4 to or from school or a school related activity, or in a
5 public park). An attempt to commit any of these
6 offenses.
7 (ii) A violation of any of the following Sections
8 of the Criminal Code of 1961 or the Criminal Code of
9 2012, when the victim is a person under 18 years of
10 age: 11-1.20 (criminal sexual assault), 11-1.30
11 (aggravated criminal sexual assault), 11-1.50
12 (criminal sexual abuse), 11-1.60 (aggravated criminal
13 sexual abuse). An attempt to commit any of these
14 offenses.
15 (iii) A violation of any of the following Sections
16 of the Criminal Code of 1961 or the Criminal Code of
17 2012, when the victim is a person under 18 years of age
18 and the defendant is not a parent of the victim:
19 10-1 (kidnapping),
20 10-2 (aggravated kidnapping),
21 10-3 (unlawful restraint),
22 10-3.1 (aggravated unlawful restraint),
23 11-9.1(A) (permitting sexual abuse of a child).
24 An attempt to commit any of these offenses.
25 (iv) A violation of any former law of this State
26 substantially equivalent to any offense listed in

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1 clause (2)(i) or (2)(ii) of subsection (d) of this
2 Section.
3 (2.5) For the purposes of subsections (b-5) and (b-10)
4 only, a sex offense means:
5 (i) A violation of any of the following Sections of
6 the Criminal Code of 1961 or the Criminal Code of 2012:
7 10-5(b)(10) (child luring), 10-7 (aiding or
8 abetting child abduction under Section 10-5(b)(10)),
9 11-1.40 (predatory criminal sexual assault of a
10 child), 11-6 (indecent solicitation of a child),
11 11-6.5 (indecent solicitation of an adult), 11-9.2
12 (custodial sexual misconduct), 11-9.5 (sexual
13 misconduct with a person with a disability), 11-11
14 (sexual relations within families), 11-14.3(a)(1)
15 (promoting prostitution by advancing prostitution),
16 11-14.3(a)(2)(A) (promoting prostitution by profiting
17 from prostitution by compelling a person to be a
18 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
19 by profiting from prostitution by means other than as
20 described in subparagraphs (A) and (B) of paragraph (2)
21 of subsection (a) of Section 11-14.3), 11-14.4
22 (promoting juvenile prostitution), 11-18.1
23 (patronizing a juvenile prostitute), 11-20.1 (child
24 pornography), 11-20.1B (aggravated child pornography),
25 11-25 (grooming), 11-26 (traveling to meet a minor), or
26 12-33 (ritualized abuse of a child). An attempt to

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1 commit any of these offenses.
2 (ii) A violation of any of the following Sections
3 of the Criminal Code of 1961 or the Criminal Code of
4 2012, when the victim is a person under 18 years of
5 age: 11-1.20 (criminal sexual assault), 11-1.30
6 (aggravated criminal sexual assault), 11-1.60
7 (aggravated criminal sexual abuse), and subsection (a)
8 of Section 11-1.50 (criminal sexual abuse). An attempt
9 to commit any of these offenses.
10 (iii) A violation of any of the following Sections
11 of the Criminal Code of 1961 or the Criminal Code of
12 2012, when the victim is a person under 18 years of age
13 and the defendant is not a parent of the victim:
14 10-1 (kidnapping),
15 10-2 (aggravated kidnapping),
16 10-3 (unlawful restraint),
17 10-3.1 (aggravated unlawful restraint),
18 11-9.1(A) (permitting sexual abuse of a child).
19 An attempt to commit any of these offenses.
20 (iv) A violation of any former law of this State
21 substantially equivalent to any offense listed in this
22 paragraph (2.5) of this subsection.
23 (3) A conviction for an offense of federal law or the
24 law of another state that is substantially equivalent to
25 any offense listed in paragraph (2) of subsection (d) of
26 this Section shall constitute a conviction for the purpose

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1 of this Section. A finding or adjudication as a sexually
2 dangerous person under any federal law or law of another
3 state that is substantially equivalent to the Sexually
4 Dangerous Persons Act shall constitute an adjudication for
5 the purposes of this Section.
6 (4) "Authorized emergency vehicle", "rescue vehicle",
7 and "vehicle" have the meanings ascribed to them in
8 Sections 1-105, 1-171.8 and 1-217, respectively, of the
9 Illinois Vehicle Code.
10 (5) "Child care institution" has the meaning ascribed
11 to it in Section 2.06 of the Child Care Act of 1969.
12 (6) "Day care center" has the meaning ascribed to it in
13 Section 2.09 of the Child Care Act of 1969.
14 (7) "Day care home" has the meaning ascribed to it in
15 Section 2.18 of the Child Care Act of 1969.
16 (8) "Facility providing programs or services directed
17 towards persons under the age of 18" means any facility
18 providing programs or services exclusively directed
19 towards persons under the age of 18.
20 (9) "Group day care home" has the meaning ascribed to
21 it in Section 2.20 of the Child Care Act of 1969.
22 (10) "Internet" has the meaning set forth in Section
23 16-0.1 of this Code.
24 (11) "Loiter" means:
25 (i) Standing, sitting idly, whether or not the
26 person is in a vehicle, or remaining in or around

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1 school or public park property.
2 (ii) Standing, sitting idly, whether or not the
3 person is in a vehicle, or remaining in or around
4 school or public park property, for the purpose of
5 committing or attempting to commit a sex offense.
6 (iii) Entering or remaining in a building in or
7 around school property, other than the offender's
8 residence.
9 (12) "Part day child care facility" has the meaning
10 ascribed to it in Section 2.10 of the Child Care Act of
11 1969.
12 (13) "Playground" means a piece of land owned or
13 controlled by a unit of local government that is designated
14 by the unit of local government for use solely or primarily
15 for children's recreation.
16 (14) "Public park" includes a park, forest preserve,
17 bikeway, trail, or conservation area under the
18 jurisdiction of the State or a unit of local government.
19 (15) "School" means a public or private preschool or
20 elementary or secondary school.
21 (16) "School official" means the principal, a teacher,
22 or any other certified employee of the school, the
23 superintendent of schools or a member of the school board.
24 (e) For the purposes of this Section, the 500 feet distance
25shall be measured from: (1) the edge of the property of the
26school building or the real property comprising the school that

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1is closest to the edge of the property of the child sex
2offender's residence or where he or she is loitering, and (2)
3the edge of the property comprising the public park building or
4the real property comprising the public park, playground, child
5care institution, day care center, part day child care
6facility, or facility providing programs or services
7exclusively directed toward persons under 18 years of age, or a
8victim of the sex offense who is under 21 years of age, to the
9edge of the child sex offender's place of residence or place
10where he or she is loitering.
11 (f) Sentence. A person who violates this Section is guilty
12of a Class 4 felony.
13(Source: P.A. 97-698, eff. 1-1-13; 97-699, eff. 1-1-13;
1497-1150, eff. 1-25-13; 98-266, eff. 1-1-14.)
15 Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.
22 Section 99. Effective date. This Act takes effect upon
23becoming law.
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