96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3605


 
Introduced 2/11/2010, by Sen. A. J. Wilhelmi - John J. Millner
 
SYNOPSIS AS INTRODUCED:















720 ILCS 5/11-9.4










 Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for a child sex offender to knowingly attempt to entice a person under 18 years of age to the entrance of or into a dwelling or structure by means of oral communications, gestures, signage, illumination or any form of electronic communication or to knowingly attempt to entice a person under 18 years of age into a vehicle.
















LRB096 16746 RLC 32039 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB3605

LRB096 16746 RLC 32039 b






1
 AN ACT concerning criminal law.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The Criminal Code of 1961 is amended by changing 
5
Section 11-9.4 as follows:



6
 (720 ILCS 5/11-9.4)


7
 Sec. 11-9.4. Approaching, contacting, residing, or 
8
communicating with a
child within certain places by child sex 
9
offenders
prohibited.

10
 (a) It is unlawful for a child sex offender to knowingly be 
11
present in any
public park building or on real property 
12
comprising any public park
when persons under the age of
18 are

13
present in the building or on the grounds
and to approach, 
14
contact, or communicate with a child under 18 years of
age,

15
unless the
offender
is a parent or guardian of a person under 
16
18 years of age present in the
building or on the
grounds.

17
 (b) It is unlawful for a child sex offender to knowingly 
18
loiter on a public
way within 500 feet of a public park 
19
building or real property comprising any
public park
while 
20
persons under the age of 18 are present in the building or on 
21
the
grounds
and to approach, contact, or communicate with a 
22
child under 18 years of
age,
unless the offender
is a parent or 
23
guardian of a person under 18 years of age present in the

 


 






SB3605
- 2 -
LRB096 16746 RLC 32039 b





1
building or on the grounds.

2
 (b-5) It is unlawful for a child sex offender to knowingly 
3
reside within
500 feet of a playground, child care institution, 
4
day care center, part day child care facility, day care home, 
5
group day care home, or a facility providing programs or 
6
services
exclusively directed toward persons under 18 years of 
7
age. Nothing in this
subsection (b-5) prohibits a child sex 
8
offender from residing within 500 feet
of a playground or a 
9
facility providing programs or services exclusively
directed 
10
toward persons under 18 years of age if the property is owned 
11
by the
child sex offender and was purchased before the 
12
effective date of this
amendatory Act of the 91st General 
13
Assembly. Nothing in this
subsection (b-5) prohibits a child 
14
sex offender from residing within 500 feet
of a child care 
15
institution, day care center, or part day child care facility 
16
if the property is owned by the
child sex offender and was 
17
purchased before the effective date of this
amendatory Act of 
18
the 94th General Assembly. Nothing in this
subsection (b-5) 
19
prohibits a child sex offender from residing within 500 feet
of 
20
a day care home or group day care home if the property is owned 
21
by the
child sex offender and was purchased before August 14, 
22
2008 (the effective date of Public Act 95-821).

23
 (b-6) It is unlawful for a child sex offender to knowingly 
24
reside within
500 feet of the victim of the sex offense. 
25
Nothing in this
subsection (b-6) prohibits a child sex offender 
26
from residing within 500 feet
of the victim
if the property in 
 


 






SB3605
- 3 -
LRB096 16746 RLC 32039 b





1
which the child sex offender resides is owned by the
child sex 
2
offender and was purchased before the effective date of this

3
amendatory Act of the 92nd General Assembly.

4
 This subsection (b-6) does not apply if the victim of the 
5
sex offense
is 21 years of age or older.

6
 (b-7) It is unlawful for a child sex offender to knowingly 
7
communicate, other than for a lawful purpose under Illinois 
8
law, using the Internet or any other digital media, with a 
9
person under 18 years of age or with a person whom he or she 
10
believes to be a person under 18 years of age,
unless the 
11
offender
is a parent or guardian of the person under 18 years 
12
of age. 
13
 (c) It is unlawful for a child sex offender to knowingly 
14
operate, manage,
be employed by, volunteer at, be associated 
15
with, or knowingly be present at
any: (i) facility providing

16
programs or services exclusively directed towards persons 
17
under the age of 18; (ii) day care center; (iii) part day child 
18
care facility; (iv) child care institution; (v) school 
19
providing before and after school programs for children under 
20
18 years of age; (vi) day care home; or (vii) group day care 
21
home.
This does not prohibit a child sex offender from owning 
22
the real property upon
which the programs or services are 
23
offered or upon which the day care center, part day child care 
24
facility, child care institution, or school providing before 
25
and after school programs for children under 18 years of age is 
26
located, provided the child sex offender
refrains from being 
 


 






SB3605
- 4 -
LRB096 16746 RLC 32039 b





1
present on the premises for the hours during which: (1) the

2
programs or services are being offered or (2) the day care 
3
center, part day child care facility, child care institution, 
4
school providing before and after school programs for children 
5
under 18 years of age, day care home, or group day care home is 
6
operated.

7
 (c-5) It is unlawful for a child sex offender to knowingly 
8
operate, manage, be employed by, or be associated with any 
9
county fair when persons under the age of 18 are present.

10
 (c-6) It is unlawful for a child sex offender who owns and 
11
resides at residential real estate to knowingly rent any 
12
residential unit within the same building in which he or she 
13
resides to a person who is the parent or guardian of a child or 
14
children under 18 years of age. This subsection shall apply 
15
only to leases or other rental arrangements entered into after 
16
January 1, 2009 (the effective date of Public Act 95-820). 
17
 (c-7)
It is unlawful for a child sex offender to knowingly 
18
offer or provide any programs or services to persons under 18 
19
years of age in his or her residence or the residence of 
20
another or in any facility for the purpose of offering or 
21
providing such programs or services, whether such programs or 
22
services are offered or provided by contract, agreement, 
23
arrangement, or on a volunteer basis. 
24
 (c-8) It is unlawful for a child sex offender to knowingly 
25
operate, whether authorized to do so or not, any of the 
26
following vehicles: (1) a vehicle which is specifically 
 


 






SB3605
- 5 -
LRB096 16746 RLC 32039 b





1
designed, constructed or modified and equipped to be used for 
2
the retail sale of food or beverages, including but not limited 
3
to an ice cream truck; (2) an authorized emergency vehicle; or 
4
(3) a rescue vehicle. 
5
 (c-9) It is unlawful for a child sex offender to knowingly 
6
attempt to entice a person under 18 years of age to the 
7
entrance of or into a dwelling or structure by means of oral 
8
communications, gestures, signage, illumination or any form of 
9
electronic communication.
10
 (c-10) It is unlawful for a child sex offender to knowingly 
11
attempt to entice a person under 18 years of age into a 
12
vehicle. 
13
 (d) Definitions. In this Section:


14
  (1) "Child sex offender" means any person who:


15
   (i) has been charged under Illinois law, or any 
16
 substantially similar
federal law
or law of another 
17
 state, with a sex offense set forth in
paragraph (2) of 
18
 this subsection (d) or the attempt to commit an 
19
 included sex
offense, and:


20
    (A) is convicted of such offense or an attempt 
21
 to commit such offense;
or


22
    (B) is found not guilty by reason of insanity 
23
 of such offense or an
attempt to commit such 
24
 offense; or


25
    (C) is found not guilty by reason of insanity 
26
 pursuant to subsection
(c) of Section 104-25 of the 
 


 






SB3605
- 6 -
LRB096 16746 RLC 32039 b





1
 Code of Criminal Procedure of 1963 of such offense

2
 or an attempt to commit such offense; or


3
    (D) is the subject of a finding not resulting 
4
 in an acquittal at a
hearing conducted pursuant to 
5
 subsection (a) of Section 104-25 of the Code of

6
 Criminal Procedure of 1963 for the alleged 
7
 commission or attempted commission
of such 
8
 offense; or


9
    (E) is found not guilty by reason of insanity 
10
 following a hearing
conducted pursuant to a 
11
 federal law or the law of another state 
12
 substantially
similar to subsection (c) of Section 
13
 104-25 of the Code of Criminal Procedure
of 1963 of 
14
 such offense or of the attempted commission of such 
15
 offense; or


16
    (F) is the subject of a finding not resulting 
17
 in an acquittal at a
hearing
conducted pursuant to 
18
 a federal law or the law of another state 
19
 substantially
similar to subsection (a) of Section 
20
 104-25 of the Code of Criminal Procedure
of 1963 
21
 for the alleged violation or attempted commission 
22
 of such offense; or


23
   (ii) is certified as a sexually dangerous person 
24
 pursuant to the
Illinois
Sexually Dangerous Persons 
25
 Act, or any substantially similar federal
law or the 
26
 law of another state, when any conduct giving rise to 
 


 






SB3605
- 7 -
LRB096 16746 RLC 32039 b





1
 such
certification is committed or attempted against a 
2
 person less than 18 years of
age; or


3
   (iii) is subject to the provisions of Section 2 of 
4
 the Interstate
Agreements on Sexually Dangerous 
5
 Persons Act.


6
  Convictions that result from or are connected with the 
7
 same act, or result
from offenses committed at the same 
8
 time, shall be counted for the purpose of
this Section as 
9
 one conviction. Any conviction set aside pursuant to law is

10
 not a conviction for purposes of this Section.


11
  (2) Except as otherwise provided in paragraph (2.5), 
12
 "sex offense"
means:


13
   (i) A violation of any of the following Sections of 
14
 the Criminal Code of
1961: 10-7 (aiding or abetting 
15
 child abduction under Section 10-5(b)(10)),

16
 10-5(b)(10) (child luring), 11-6 (indecent 
17
 solicitation of a child), 11-6.5
(indecent 
18
 solicitation of an adult),
11-9 (public indecency when 
19
 committed in a school, on the real property
comprising 
20
 a school, on a conveyance owned, leased, or contracted 
21
 by a
school to transport students to or from school or 
22
 a school related activity, or
in a public park),
11-9.1 
23
 (sexual exploitation of a child), 11-15.1 (soliciting 
24
 for a juvenile
prostitute), 11-17.1 (keeping a place of 
25
 juvenile prostitution), 11-18.1
(patronizing a 
26
 juvenile prostitute), 11-19.1 (juvenile pimping),

 


 






SB3605
- 8 -
LRB096 16746 RLC 32039 b





1
 11-19.2 (exploitation of a child), 11-20.1 (child 
2
 pornography), 11-20.3 (aggravated child pornography), 
3
 11-21 (harmful
material), 12-14.1
(predatory criminal 
4
 sexual assault of a child), 12-33 (ritualized abuse of 
5
 a
child), 11-20 (obscenity) (when that offense was 
6
 committed in any school, on
real property comprising 
7
 any school, on any conveyance owned,
leased, or 
8
 contracted by a school to transport students to or from 
9
 school or a
school related activity, or in a public 
10
 park). An attempt to commit any of
these offenses.


11
   (ii) A violation of any of the following Sections 
12
 of the Criminal Code
of 1961, when the victim is a 
13
 person under 18 years of age: 12-13 (criminal
sexual 
14
 assault), 12-14 (aggravated criminal sexual assault), 
15
 12-15 (criminal
sexual abuse), 12-16 (aggravated 
16
 criminal sexual abuse). An attempt to commit
any of 
17
 these offenses.


18
   (iii) A violation of any of the following Sections 
19
 of the Criminal Code
of 1961, when the victim is a 
20
 person under 18 years of age and the defendant is
not a 
21
 parent of the victim:


22
   10-1 (kidnapping),


23
   10-2 (aggravated kidnapping),


24
   10-3 (unlawful restraint),


25
   10-3.1 (aggravated unlawful restraint).


26
   An attempt to commit any of these offenses.


 


 






SB3605
- 9 -
LRB096 16746 RLC 32039 b





1
   (iv) A violation of any former law of this State 
2
 substantially
equivalent to any offense listed in 
3
 clause (2)(i) of this subsection (d).


4
  (2.5) For the purposes of subsection (b-5) only, a sex 
5
 offense means:


6
   (i) A violation of any of the following Sections of 
7
 the Criminal Code of
1961:


8
    10-5(b)(10) (child luring), 10-7 (aiding or 
9
 abetting child abduction
under Section 
10
 10-5(b)(10)), 11-6 (indecent solicitation of
a

11
 child), 11-6.5 (indecent solicitation of an 
12
 adult), 11-15.1 (soliciting for a
juvenile

13
 prostitute), 11-17.1 (keeping a place of juvenile 
14
 prostitution), 11-18.1
(patronizing a juvenile 
15
 prostitute), 11-19.1 (juvenile pimping),
11-19.2 
16
 (exploitation of a child), 11-20.1 (child 
17
 pornography), 11-20.3 (aggravated child 
18
 pornography), 12-14.1
(predatory criminal sexual 
19
 assault of a child), or 12-33 (ritualized abuse of 
20
 a
child). An attempt
to commit any of
these 
21
 offenses.


22
   (ii) A violation of any of the following Sections 
23
 of the Criminal Code
of 1961, when the victim is a 
24
 person under 18 years of age: 12-13 (criminal
sexual 
25
 assault), 12-14 (aggravated criminal sexual assault),

26
 12-16 (aggravated criminal sexual abuse), and 
 


 






SB3605
- 10 -
LRB096 16746 RLC 32039 b





1
 subsection (a) of Section 12-15
(criminal sexual 
2
 abuse). An attempt to commit
any of these offenses.


3
   (iii) A violation of any of the following Sections 
4
 of the Criminal Code
of 1961, when the victim is a 
5
 person under 18 years of age and the defendant is
not a 
6
 parent of the victim:


7
   10-1 (kidnapping),


8
   10-2 (aggravated kidnapping),


9
   10-3 (unlawful restraint),


10
   10-3.1 (aggravated unlawful restraint).


11
   An attempt to commit any of these offenses.


12
   (iv) A violation of any former law of this State 
13
 substantially
equivalent to any offense listed in this 
14
 paragraph (2.5) of
this subsection.


15
  (3) A conviction for an offense of federal law or the 
16
 law of another state
that is substantially equivalent to 
17
 any offense listed in paragraph (2) of this
subsection (d) 
18
 shall constitute a conviction for the purpose of
this 
19
 Section. A finding or adjudication as a sexually dangerous 
20
 person under
any federal law or law of another state that 
21
 is substantially equivalent to the
Sexually Dangerous 
22
 Persons Act shall constitute an adjudication for the

23
 purposes of this Section.


24
  (4) "Public park" includes a park, forest preserve, or

25
 conservation
area
under the jurisdiction of the State or a 
26
 unit of local government.


 


 






SB3605
- 11 -
LRB096 16746 RLC 32039 b





1
  (5) "Facility providing programs or services directed 
2
 towards persons
under
the age of 18" means any facility 
3
 providing programs or services exclusively
directed 
4
 towards persons under the age of 18.


5
  (6) "Loiter" means:


6
   (i) Standing, sitting idly, whether or not the 
7
 person is in a vehicle or
remaining in or around public 
8
 park property.


9
   (ii) Standing, sitting idly, whether or not the 
10
 person is in a vehicle
or remaining in or around public 
11
 park property, for the purpose of committing
or

12
 attempting to commit a sex offense.


13
  (7) "Playground" means a piece of land owned or 
14
 controlled by a unit
of
local government that is designated 
15
 by the unit of local government for use
solely or primarily 
16
 for children's recreation.

17
  (8) "Child care institution" has the meaning ascribed 
18
 to it in Section 2.06 of the Child Care Act of 1969.

19
  (9) "Day care center" has the meaning ascribed to it in 
20
 Section 2.09 of the Child Care Act of 1969.
21
  (10) "Part day child care facility" has the meaning 
22
 ascribed to it in Section 2.10 of the Child Care Act of 
23
 1969.

24
  (11) "Day care home" has the meaning ascribed to it in 
25
 Section 2.18 of the Child Care Act of 1969. 
26
  (12) "Group day care home" has the meaning ascribed to 
 


 






SB3605
- 12 -
LRB096 16746 RLC 32039 b





1
 it in Section 2.20 of the Child Care Act of 1969. 
2
  (13)
"Internet" means an interactive computer service 
3
 or system or an
information service, system, or access 
4
 software provider that provides or
enables computer access 
5
 by multiple users to a computer server, and includes,
but 
6
 is not limited to, an information service, system, or 
7
 access software
provider that provides access to a network 
8
 system commonly known as the
Internet, or any comparable 
9
 system or service and also includes, but is not
limited to, 
10
 a World Wide Web page, newsgroup, message board, mailing 
11
 list, or
chat area on any interactive computer service or 
12
 system or other online
service. 
13
  (14) "Authorized emergency vehicle", "rescue vehicle", 
14
 and "vehicle" have the meanings ascribed to them in 
15
 Sections 1-105, 1-171.8 and 1-217, respectively, of the 
16
 Illinois Vehicle Code. 
17
 (d-5) For the purposes of this Section, the 500 feet 
18
distance shall be measured from the edge of the property 
19
comprising the public park building or the real property 
20
comprising the public park, playground, child care 
21
institution, day care center, part day child care facility, or 
22
a facility providing programs or services
exclusively directed 
23
toward persons under 18 years of age, or a victim of the sex 
24
offense who is under 21 years of age to the edge of the child 
25
sex offender's place of residence or where he or she is 
26
loitering.

 


 






SB3605
- 13 -
LRB096 16746 RLC 32039 b





1
 (e) Sentence. A person who violates this Section is guilty 
2
of a Class 4
felony.

3
(Source: P.A. 95-32, eff. 1-1-08; 95-640, eff. 6-1-08; 95-819, 
4
eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, eff. 8-14-08; 95-876, 
5
eff. 8-21-08; 95-983, eff. 6-1-09; 96-118, eff. 8-4-09; 96-328, 
6
eff. 8-11-09; 96-710, eff. 1-1-10; revised 10-6-09.)