Illinois 2023-2024 Regular Session

Illinois House Bill HB2279 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2279 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1 Amends the Criminal Code of 2012. In the statutes prohibiting child sex offenders and sexual predators from being present or loitering in public parks, provides that "public park" includes an indoor or outdoor facility, building, or sports field used for recreational purposes under the jurisdiction of the State or a unit of local government. LRB103 05918 RLC 50939 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2279 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1 720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1 Amends the Criminal Code of 2012. In the statutes prohibiting child sex offenders and sexual predators from being present or loitering in public parks, provides that "public park" includes an indoor or outdoor facility, building, or sports field used for recreational purposes under the jurisdiction of the State or a unit of local government. LRB103 05918 RLC 50939 b LRB103 05918 RLC 50939 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2279 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1 720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1
4	4	720 ILCS 5/11-9.3
5	5	720 ILCS 5/11-9.4-1
6	6	Amends the Criminal Code of 2012. In the statutes prohibiting child sex offenders and sexual predators from being present or loitering in public parks, provides that "public park" includes an indoor or outdoor facility, building, or sports field used for recreational purposes under the jurisdiction of the State or a unit of local government.
7	7	LRB103 05918 RLC 50939 b LRB103 05918 RLC 50939 b
8	8	LRB103 05918 RLC 50939 b
9	9	A BILL FOR
10	10	HB2279LRB103 05918 RLC 50939 b HB2279 LRB103 05918 RLC 50939 b
11	11	HB2279 LRB103 05918 RLC 50939 b
12	12	1 AN ACT concerning criminal law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Criminal Code of 2012 is amended by
16	16	5 changing Sections 11-9.3 and 11-9.4-1 as follows:
17	17	6 (720 ILCS 5/11-9.3)
18	18	7 Sec. 11-9.3. Presence within school zone by child sex
19	19	8 offenders prohibited; approaching, contacting, residing with,
20	20	9 or communicating with a child within certain places by child
21	21	10 sex offenders prohibited.
22	22	11 (a) It is unlawful for a child sex offender to knowingly be
23	23	12 present in any school building, on real property comprising
24	24	13 any school, or in any conveyance owned, leased, or contracted
25	25	14 by a school to transport students to or from school or a school
26	26	15 related activity when persons under the age of 18 are present
27	27	16 in the building, on the grounds or in the conveyance, unless
28	28	17 the offender is a parent or guardian of a student attending the
29	29	18 school and the parent or guardian is: (i) attending a
30	30	19 conference at the school with school personnel to discuss the
31	31	20 progress of his or her child academically or socially, (ii)
32	32	21 participating in child review conferences in which evaluation
33	33	22 and placement decisions may be made with respect to his or her
34	34	23 child regarding special education services, or (iii) attending
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2279 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
39	39	720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1 720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1
40	40	720 ILCS 5/11-9.3
41	41	720 ILCS 5/11-9.4-1
42	42	Amends the Criminal Code of 2012. In the statutes prohibiting child sex offenders and sexual predators from being present or loitering in public parks, provides that "public park" includes an indoor or outdoor facility, building, or sports field used for recreational purposes under the jurisdiction of the State or a unit of local government.
43	43	LRB103 05918 RLC 50939 b LRB103 05918 RLC 50939 b
44	44	LRB103 05918 RLC 50939 b
45	45	A BILL FOR
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51	51	720 ILCS 5/11-9.3
52	52	720 ILCS 5/11-9.4-1
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71	71	1 conferences to discuss other student issues concerning his or
72	72	2 her child such as retention and promotion and notifies the
73	73	3 principal of the school of his or her presence at the school or
74	74	4 unless the offender has permission to be present from the
75	75	5 superintendent or the school board or in the case of a private
76	76	6 school from the principal. In the case of a public school, if
77	77	7 permission is granted, the superintendent or school board
78	78	8 president must inform the principal of the school where the
79	79	9 sex offender will be present. Notification includes the nature
80	80	10 of the sex offender's visit and the hours in which the sex
81	81	11 offender will be present in the school. The sex offender is
82	82	12 responsible for notifying the principal's office when he or
83	83	13 she arrives on school property and when he or she departs from
84	84	14 school property. If the sex offender is to be present in the
85	85	15 vicinity of children, the sex offender has the duty to remain
86	86	16 under the direct supervision of a school official.
87	87	17 (a-5) It is unlawful for a child sex offender to knowingly
88	88	18 be present within 100 feet of a site posted as a pick-up or
89	89	19 discharge stop for a conveyance owned, leased, or contracted
90	90	20 by a school to transport students to or from school or a school
91	91	21 related activity when one or more persons under the age of 18
92	92	22 are present at the site.
93	93	23 (a-10) It is unlawful for a child sex offender to
94	94	24 knowingly be present in any public park building, a playground
95	95	25 or recreation area within any publicly accessible privately
96	96	26 owned building, or on real property comprising any public park
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107	107	1 when persons under the age of 18 are present in the building or
108	108	2 on the grounds and to approach, contact, or communicate with a
109	109	3 child under 18 years of age, unless the offender is a parent or
110	110	4 guardian of a person under 18 years of age present in the
111	111	5 building or on the grounds.
112	112	6 (b) It is unlawful for a child sex offender to knowingly
113	113	7 loiter within 500 feet of a school building or real property
114	114	8 comprising any school while persons under the age of 18 are
115	115	9 present in the building or on the grounds, unless the offender
116	116	10 is a parent or guardian of a student attending the school and
117	117	11 the parent or guardian is: (i) attending a conference at the
118	118	12 school with school personnel to discuss the progress of his or
119	119	13 her child academically or socially, (ii) participating in
120	120	14 child review conferences in which evaluation and placement
121	121	15 decisions may be made with respect to his or her child
122	122	16 regarding special education services, or (iii) attending
123	123	17 conferences to discuss other student issues concerning his or
124	124	18 her child such as retention and promotion and notifies the
125	125	19 principal of the school of his or her presence at the school or
126	126	20 has permission to be present from the superintendent or the
127	127	21 school board or in the case of a private school from the
128	128	22 principal. In the case of a public school, if permission is
129	129	23 granted, the superintendent or school board president must
130	130	24 inform the principal of the school where the sex offender will
131	131	25 be present. Notification includes the nature of the sex
132	132	26 offender's visit and the hours in which the sex offender will
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143	143	1 be present in the school. The sex offender is responsible for
144	144	2 notifying the principal's office when he or she arrives on
145	145	3 school property and when he or she departs from school
146	146	4 property. If the sex offender is to be present in the vicinity
147	147	5 of children, the sex offender has the duty to remain under the
148	148	6 direct supervision of a school official.
149	149	7 (b-2) It is unlawful for a child sex offender to knowingly
150	150	8 loiter on a public way within 500 feet of a public park
151	151	9 building or real property comprising any public park while
152	152	10 persons under the age of 18 are present in the building or on
153	153	11 the grounds and to approach, contact, or communicate with a
154	154	12 child under 18 years of age, unless the offender is a parent or
155	155	13 guardian of a person under 18 years of age present in the
156	156	14 building or on the grounds.
157	157	15 (b-5) It is unlawful for a child sex offender to knowingly
158	158	16 reside within 500 feet of a school building or the real
159	159	17 property comprising any school that persons under the age of
160	160	18 18 attend. Nothing in this subsection (b-5) prohibits a child
161	161	19 sex offender from residing within 500 feet of a school
162	162	20 building or the real property comprising any school that
163	163	21 persons under 18 attend if the property is owned by the child
164	164	22 sex offender and was purchased before July 7, 2000 (the
165	165	23 effective date of Public Act 91-911).
166	166	24 (b-10) It is unlawful for a child sex offender to
167	167	25 knowingly reside within 500 feet of a playground, child care
168	168	26 institution, day care center, part day child care facility,
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179	179	1 day care home, group day care home, or a facility providing
180	180	2 programs or services exclusively directed toward persons under
181	181	3 18 years of age. Nothing in this subsection (b-10) prohibits a
182	182	4 child sex offender from residing within 500 feet of a
183	183	5 playground or a facility providing programs or services
184	184	6 exclusively directed toward persons under 18 years of age if
185	185	7 the property is owned by the child sex offender and was
186	186	8 purchased before July 7, 2000. Nothing in this subsection
187	187	9 (b-10) prohibits a child sex offender from residing within 500
188	188	10 feet of a child care institution, day care center, or part day
189	189	11 child care facility if the property is owned by the child sex
190	190	12 offender and was purchased before June 26, 2006. Nothing in
191	191	13 this subsection (b-10) prohibits a child sex offender from
192	192	14 residing within 500 feet of a day care home or group day care
193	193	15 home if the property is owned by the child sex offender and was
194	194	16 purchased before August 14, 2008 (the effective date of Public
195	195	17 Act 95-821).
196	196	18 (b-15) It is unlawful for a child sex offender to
197	197	19 knowingly reside within 500 feet of the victim of the sex
198	198	20 offense. Nothing in this subsection (b-15) prohibits a child
199	199	21 sex offender from residing within 500 feet of the victim if the
200	200	22 property in which the child sex offender resides is owned by
201	201	23 the child sex offender and was purchased before August 22,
202	202	24 2002.
203	203	25 This subsection (b-15) does not apply if the victim of the
204	204	26 sex offense is 21 years of age or older.
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215	215	1 (b-20) It is unlawful for a child sex offender to
216	216	2 knowingly communicate, other than for a lawful purpose under
217	217	3 Illinois law, using the Internet or any other digital media,
218	218	4 with a person under 18 years of age or with a person whom he or
219	219	5 she believes to be a person under 18 years of age, unless the
220	220	6 offender is a parent or guardian of the person under 18 years
221	221	7 of age.
222	222	8 (c) It is unlawful for a child sex offender to knowingly
223	223	9 operate, manage, be employed by, volunteer at, be associated
224	224	10 with, or knowingly be present at any: (i) facility providing
225	225	11 programs or services exclusively directed toward persons under
226	226	12 the age of 18; (ii) day care center; (iii) part day child care
227	227	13 facility; (iv) child care institution; (v) school providing
228	228	14 before and after school programs for children under 18 years
229	229	15 of age; (vi) day care home; or (vii) group day care home. This
230	230	16 does not prohibit a child sex offender from owning the real
231	231	17 property upon which the programs or services are offered or
232	232	18 upon which the day care center, part day child care facility,
233	233	19 child care institution, or school providing before and after
234	234	20 school programs for children under 18 years of age is located,
235	235	21 provided the child sex offender refrains from being present on
236	236	22 the premises for the hours during which: (1) the programs or
237	237	23 services are being offered or (2) the day care center, part day
238	238	24 child care facility, child care institution, or school
239	239	25 providing before and after school programs for children under
240	240	26 18 years of age, day care home, or group day care home is
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251	251	1 operated.
252	252	2 (c-2) It is unlawful for a child sex offender to
253	253	3 participate in a holiday event involving children under 18
254	254	4 years of age, including but not limited to distributing candy
255	255	5 or other items to children on Halloween, wearing a Santa Claus
256	256	6 costume on or preceding Christmas, being employed as a
257	257	7 department store Santa Claus, or wearing an Easter Bunny
258	258	8 costume on or preceding Easter. For the purposes of this
259	259	9 subsection, child sex offender has the meaning as defined in
260	260	10 this Section, but does not include as a sex offense under
261	261	11 paragraph (2) of subsection (d) of this Section, the offense
262	262	12 under subsection (c) of Section 11-1.50 of this Code. This
263	263	13 subsection does not apply to a child sex offender who is a
264	264	14 parent or guardian of children under 18 years of age that are
265	265	15 present in the home and other non-familial minors are not
266	266	16 present.
267	267	17 (c-5) It is unlawful for a child sex offender to knowingly
268	268	18 operate, manage, be employed by, or be associated with any
269	269	19 carnival, amusement enterprise, or county or State fair when
270	270	20 persons under the age of 18 are present.
271	271	21 (c-6) It is unlawful for a child sex offender who owns and
272	272	22 resides at residential real estate to knowingly rent any
273	273	23 residential unit within the same building in which he or she
274	274	24 resides to a person who is the parent or guardian of a child or
275	275	25 children under 18 years of age. This subsection shall apply
276	276	26 only to leases or other rental arrangements entered into after
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287	287	1 January 1, 2009 (the effective date of Public Act 95-820).
288	288	2 (c-7) It is unlawful for a child sex offender to knowingly
289	289	3 offer or provide any programs or services to persons under 18
290	290	4 years of age in his or her residence or the residence of
291	291	5 another or in any facility for the purpose of offering or
292	292	6 providing such programs or services, whether such programs or
293	293	7 services are offered or provided by contract, agreement,
294	294	8 arrangement, or on a volunteer basis.
295	295	9 (c-8) It is unlawful for a child sex offender to knowingly
296	296	10 operate, whether authorized to do so or not, any of the
297	297	11 following vehicles: (1) a vehicle which is specifically
298	298	12 designed, constructed or modified and equipped to be used for
299	299	13 the retail sale of food or beverages, including but not
300	300	14 limited to an ice cream truck; (2) an authorized emergency
301	301	15 vehicle; or (3) a rescue vehicle.
302	302	16 (d) Definitions. In this Section:
303	303	17 (1) "Child sex offender" means any person who:
304	304	18 (i) has been charged under Illinois law, or any
305	305	19 substantially similar federal law or law of another
306	306	20 state, with a sex offense set forth in paragraph (2) of
307	307	21 this subsection (d) or the attempt to commit an
308	308	22 included sex offense, and the victim is a person under
309	309	23 18 years of age at the time of the offense; and:
310	310	24 (A) is convicted of such offense or an attempt
311	311	25 to commit such offense; or
312	312	26 (B) is found not guilty by reason of insanity
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323	323	1 of such offense or an attempt to commit such
324	324	2 offense; or
325	325	3 (C) is found not guilty by reason of insanity
326	326	4 pursuant to subsection (c) of Section 104-25 of
327	327	5 the Code of Criminal Procedure of 1963 of such
328	328	6 offense or an attempt to commit such offense; or
329	329	7 (D) is the subject of a finding not resulting
330	330	8 in an acquittal at a hearing conducted pursuant to
331	331	9 subsection (a) of Section 104-25 of the Code of
332	332	10 Criminal Procedure of 1963 for the alleged
333	333	11 commission or attempted commission of such
334	334	12 offense; or
335	335	13 (E) is found not guilty by reason of insanity
336	336	14 following a hearing conducted pursuant to a
337	337	15 federal law or the law of another state
338	338	16 substantially similar to subsection (c) of Section
339	339	17 104-25 of the Code of Criminal Procedure of 1963
340	340	18 of such offense or of the attempted commission of
341	341	19 such offense; or
342	342	20 (F) is the subject of a finding not resulting
343	343	21 in an acquittal at a hearing conducted pursuant to
344	344	22 a federal law or the law of another state
345	345	23 substantially similar to subsection (a) of Section
346	346	24 104-25 of the Code of Criminal Procedure of 1963
347	347	25 for the alleged violation or attempted commission
348	348	26 of such offense; or
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359	359	1 (ii) is certified as a sexually dangerous person
360	360	2 pursuant to the Illinois Sexually Dangerous Persons
361	361	3 Act, or any substantially similar federal law or the
362	362	4 law of another state, when any conduct giving rise to
363	363	5 such certification is committed or attempted against a
364	364	6 person less than 18 years of age; or
365	365	7 (iii) is subject to the provisions of Section 2 of
366	366	8 the Interstate Agreements on Sexually Dangerous
367	367	9 Persons Act.
368	368	10 Convictions that result from or are connected with the
369	369	11 same act, or result from offenses committed at the same
370	370	12 time, shall be counted for the purpose of this Section as
371	371	13 one conviction. Any conviction set aside pursuant to law
372	372	14 is not a conviction for purposes of this Section.
373	373	15 (2) Except as otherwise provided in paragraph (2.5),
374	374	16 "sex offense" means:
375	375	17 (i) A violation of any of the following Sections
376	376	18 of the Criminal Code of 1961 or the Criminal Code of
377	377	19 2012: 10-4 (forcible detention), 10-7 (aiding or
378	378	20 abetting child abduction under Section 10-5(b)(10)),
379	379	21 10-5(b)(10) (child luring), 11-1.40 (predatory
380	380	22 criminal sexual assault of a child), 11-6 (indecent
381	381	23 solicitation of a child), 11-6.5 (indecent
382	382	24 solicitation of an adult), 11-9.1 (sexual exploitation
383	383	25 of a child), 11-9.2 (custodial sexual misconduct),
384	384	26 11-9.5 (sexual misconduct with a person with a
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395	395	1 disability), 11-11 (sexual relations within families),
396	396	2 11-14.3(a)(1) (promoting prostitution by advancing
397	397	3 prostitution), 11-14.3(a)(2)(A) (promoting
398	398	4 prostitution by profiting from prostitution by
399	399	5 compelling a person to be a prostitute),
400	400	6 11-14.3(a)(2)(C) (promoting prostitution by profiting
401	401	7 from prostitution by means other than as described in
402	402	8 subparagraphs (A) and (B) of paragraph (2) of
403	403	9 subsection (a) of Section 11-14.3), 11-14.4 (promoting
404	404	10 juvenile prostitution), 11-18.1 (patronizing a
405	405	11 juvenile prostitute), 11-20.1 (child pornography),
406	406	12 11-20.1B (aggravated child pornography), 11-21
407	407	13 (harmful material), 11-25 (grooming), 11-26 (traveling
408	408	14 to meet a minor or traveling to meet a child), 12-33
409	409	15 (ritualized abuse of a child), 11-20 (obscenity) (when
410	410	16 that offense was committed in any school, on real
411	411	17 property comprising any school, in any conveyance
412	412	18 owned, leased, or contracted by a school to transport
413	413	19 students to or from school or a school related
414	414	20 activity, or in a public park), 11-30 (public
415	415	21 indecency) (when committed in a school, on real
416	416	22 property comprising a school, in any conveyance owned,
417	417	23 leased, or contracted by a school to transport
418	418	24 students to or from school or a school related
419	419	25 activity, or in a public park). An attempt to commit
420	420	26 any of these offenses.
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431	431	1 (ii) A violation of any of the following Sections
432	432	2 of the Criminal Code of 1961 or the Criminal Code of
433	433	3 2012, when the victim is a person under 18 years of
434	434	4 age: 11-1.20 (criminal sexual assault), 11-1.30
435	435	5 (aggravated criminal sexual assault), 11-1.50
436	436	6 (criminal sexual abuse), 11-1.60 (aggravated criminal
437	437	7 sexual abuse). An attempt to commit any of these
438	438	8 offenses.
439	439	9 (iii) A violation of any of the following Sections
440	440	10 of the Criminal Code of 1961 or the Criminal Code of
441	441	11 2012, when the victim is a person under 18 years of age
442	442	12 and the defendant is not a parent of the victim:
443	443	13 10-1 (kidnapping),
444	444	14 10-2 (aggravated kidnapping),
445	445	15 10-3 (unlawful restraint),
446	446	16 10-3.1 (aggravated unlawful restraint),
447	447	17 11-9.1(A) (permitting sexual abuse of a child).
448	448	18 An attempt to commit any of these offenses.
449	449	19 (iv) A violation of any former law of this State
450	450	20 substantially equivalent to any offense listed in
451	451	21 clause (2)(i) or (2)(ii) of subsection (d) of this
452	452	22 Section.
453	453	23 (2.5) For the purposes of subsections (b-5) and (b-10)
454	454	24 only, a sex offense means:
455	455	25 (i) A violation of any of the following Sections
456	456	26 of the Criminal Code of 1961 or the Criminal Code of
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467	467	1 2012:
468	468	2 10-5(b)(10) (child luring), 10-7 (aiding or
469	469	3 abetting child abduction under Section 10-5(b)(10)),
470	470	4 11-1.40 (predatory criminal sexual assault of a
471	471	5 child), 11-6 (indecent solicitation of a child),
472	472	6 11-6.5 (indecent solicitation of an adult), 11-9.2
473	473	7 (custodial sexual misconduct), 11-9.5 (sexual
474	474	8 misconduct with a person with a disability), 11-11
475	475	9 (sexual relations within families), 11-14.3(a)(1)
476	476	10 (promoting prostitution by advancing prostitution),
477	477	11 11-14.3(a)(2)(A) (promoting prostitution by profiting
478	478	12 from prostitution by compelling a person to be a
479	479	13 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
480	480	14 by profiting from prostitution by means other than as
481	481	15 described in subparagraphs (A) and (B) of paragraph
482	482	16 (2) of subsection (a) of Section 11-14.3), 11-14.4
483	483	17 (promoting juvenile prostitution), 11-18.1
484	484	18 (patronizing a juvenile prostitute), 11-20.1 (child
485	485	19 pornography), 11-20.1B (aggravated child pornography),
486	486	20 11-25 (grooming), 11-26 (traveling to meet a minor or
487	487	21 traveling to meet a child), or 12-33 (ritualized abuse
488	488	22 of a child). An attempt to commit any of these
489	489	23 offenses.
490	490	24 (ii) A violation of any of the following Sections
491	491	25 of the Criminal Code of 1961 or the Criminal Code of
492	492	26 2012, when the victim is a person under 18 years of
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503	503	1 age: 11-1.20 (criminal sexual assault), 11-1.30
504	504	2 (aggravated criminal sexual assault), 11-1.60
505	505	3 (aggravated criminal sexual abuse), and subsection (a)
506	506	4 of Section 11-1.50 (criminal sexual abuse). An attempt
507	507	5 to commit any of these offenses.
508	508	6 (iii) A violation of any of the following Sections
509	509	7 of the Criminal Code of 1961 or the Criminal Code of
510	510	8 2012, when the victim is a person under 18 years of age
511	511	9 and the defendant is not a parent of the victim:
512	512	10 10-1 (kidnapping),
513	513	11 10-2 (aggravated kidnapping),
514	514	12 10-3 (unlawful restraint),
515	515	13 10-3.1 (aggravated unlawful restraint),
516	516	14 11-9.1(A) (permitting sexual abuse of a child).
517	517	15 An attempt to commit any of these offenses.
518	518	16 (iv) A violation of any former law of this State
519	519	17 substantially equivalent to any offense listed in this
520	520	18 paragraph (2.5) of this subsection.
521	521	19 (3) A conviction for an offense of federal law or the
522	522	20 law of another state that is substantially equivalent to
523	523	21 any offense listed in paragraph (2) of subsection (d) of
524	524	22 this Section shall constitute a conviction for the purpose
525	525	23 of this Section. A finding or adjudication as a sexually
526	526	24 dangerous person under any federal law or law of another
527	527	25 state that is substantially equivalent to the Sexually
528	528	26 Dangerous Persons Act shall constitute an adjudication for
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539	539	1 the purposes of this Section.
540	540	2 (4) "Authorized emergency vehicle", "rescue vehicle",
541	541	3 and "vehicle" have the meanings ascribed to them in
542	542	4 Sections 1-105, 1-171.8 and 1-217, respectively, of the
543	543	5 Illinois Vehicle Code.
544	544	6 (5) "Child care institution" has the meaning ascribed
545	545	7 to it in Section 2.06 of the Child Care Act of 1969.
546	546	8 (6) "Day care center" has the meaning ascribed to it
547	547	9 in Section 2.09 of the Child Care Act of 1969.
548	548	10 (7) "Day care home" has the meaning ascribed to it in
549	549	11 Section 2.18 of the Child Care Act of 1969.
550	550	12 (8) "Facility providing programs or services directed
551	551	13 towards persons under the age of 18" means any facility
552	552	14 providing programs or services exclusively directed
553	553	15 towards persons under the age of 18.
554	554	16 (9) "Group day care home" has the meaning ascribed to
555	555	17 it in Section 2.20 of the Child Care Act of 1969.
556	556	18 (10) "Internet" has the meaning set forth in Section
557	557	19 16-0.1 of this Code.
558	558	20 (11) "Loiter" means:
559	559	21 (i) Standing, sitting idly, whether or not the
560	560	22 person is in a vehicle, or remaining in or around
561	561	23 school or public park property.
562	562	24 (ii) Standing, sitting idly, whether or not the
563	563	25 person is in a vehicle, or remaining in or around
564	564	26 school or public park property, for the purpose of
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575	575	1 committing or attempting to commit a sex offense.
576	576	2 (iii) Entering or remaining in a building in or
577	577	3 around school property, other than the offender's
578	578	4 residence.
579	579	5 (12) "Part day child care facility" has the meaning
580	580	6 ascribed to it in Section 2.10 of the Child Care Act of
581	581	7 1969.
582	582	8 (13) "Playground" means a piece of land owned or
583	583	9 controlled by a unit of local government that is
584	584	10 designated by the unit of local government for use solely
585	585	11 or primarily for children's recreation.
586	586	12 (14) "Public park" includes a park, forest preserve,
587	587	13 bikeway, trail, or conservation area, or any other indoor
588	588	14 or outdoor facility, building, or sports field used for
589	589	15 recreational purposes, under the jurisdiction of the State
590	590	16 or a unit of local government.
591	591	17 (15) "School" means a public or private preschool or
592	592	18 elementary or secondary school.
593	593	19 (16) "School official" means the principal, a teacher,
594	594	20 or any other certified employee of the school, the
595	595	21 superintendent of schools or a member of the school board.
596	596	22 (e) For the purposes of this Section, the 500 feet
597	597	23 distance shall be measured from: (1) the edge of the property
598	598	24 of the school building or the real property comprising the
599	599	25 school that is closest to the edge of the property of the child
600	600	26 sex offender's residence or where he or she is loitering, and
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611	611	1 (2) the edge of the property comprising the public park
612	612	2 building or the real property comprising the public park,
613	613	3 playground, child care institution, day care center, part day
614	614	4 child care facility, or facility providing programs or
615	615	5 services exclusively directed toward persons under 18 years of
616	616	6 age, or a victim of the sex offense who is under 21 years of
617	617	7 age, to the edge of the child sex offender's place of residence
618	618	8 or place where he or she is loitering.
619	619	9 (f) Sentence. A person who violates this Section is guilty
620	620	10 of a Class 4 felony.
621	621	11 (Source: P.A. 102-997, eff. 1-1-23.)
622	622	12 (720 ILCS 5/11-9.4-1)
623	623	13 Sec. 11-9.4-1. Sexual predator and child sex offender;
624	624	14 presence or loitering in or near public parks prohibited.
625	625	15 (a) For the purposes of this Section:
626	626	16 "Child sex offender" has the meaning ascribed to it in
627	627	17 subsection (d) of Section 11-9.3 of this Code, but does
628	628	18 not include as a sex offense under paragraph (2) of
629	629	19 subsection (d) of Section 11-9.3, the offenses under
630	630	20 subsections (b) and (c) of Section 11-1.50 or subsections
631	631	21 (b) and (c) of Section 12-15 of this Code.
632	632	22 "Public park" includes a park, forest preserve,
633	633	23 bikeway, trail, or conservation area, or any other indoor
634	634	24 or outdoor facility, building, or sports field used for
635	635	25 recreational purposes, under the jurisdiction of the State
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646	646	1 or a unit of local government.
647	647	2 "Loiter" means:
648	648	3 (i) Standing, sitting idly, whether or not the
649	649	4 person is in a vehicle or remaining in or around public
650	650	5 park property.
651	651	6 (ii) Standing, sitting idly, whether or not the
652	652	7 person is in a vehicle or remaining in or around public
653	653	8 park property, for the purpose of committing or
654	654	9 attempting to commit a sex offense.
655	655	10 "Sexual predator" has the meaning ascribed to it in
656	656	11 subsection (E) of Section 2 of the Sex Offender
657	657	12 Registration Act.
658	658	13 (b) It is unlawful for a sexual predator or a child sex
659	659	14 offender to knowingly be present in any public park building
660	660	15 or on real property comprising any public park.
661	661	16 (c) It is unlawful for a sexual predator or a child sex
662	662	17 offender to knowingly loiter on a public way within 500 feet of
663	663	18 a public park building or real property comprising any public
664	664	19 park. For the purposes of this subsection (c), the 500 feet
665	665	20 distance shall be measured from the edge of the property
666	666	21 comprising the public park building or the real property
667	667	22 comprising the public park.
668	668	23 (d) Sentence. A person who violates this Section is guilty
669	669	24 of a Class A misdemeanor, except that a second or subsequent
670	670	25 violation is a Class 4 felony.
671	671	26 (Source: P.A. 96-1099, eff. 1-1-11; 97-698, eff. 1-1-13;
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682	682	1 97-1109, eff. 1-1-13.)
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