Bill Text: IL HB3975 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961 and the Sex Offender Registration Act. Prohibits a child sex offender from residing within 1,000 (rather than 500) feet of a school, park, playground, child care institution, day care center, part day child care facility, day care home, group day care home, or facility providing services exclusively directed toward children under 18 years of age. Prohibits a child sex offender from loitering within 1,000 feet of a school or on a public way within 1,000 feet of a public park. Establishes exemptions for persons who purchased property before the effective date of the amendatory Act. Amends the Sex Offender Registration Act relating to the statement a child sex offender must sign that he or she understands the prohibitions imposed by Illinois law on residing or loitering in certain places. Effective immediately.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2010-03-17 - Added Co-Sponsor Rep. Emily McAsey [HB3975 Detail]

Download: Illinois-2009-HB3975-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3975 Introduced 2/26/2009, by Rep. Charles E. Jefferson SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-9.3
720 ILCS 5/11-9.4
730 ILCS 150/8 from Ch. 38, par. 228
Amends the Criminal Code of 1961 and the Sex Offender Registration Act. Prohibits a child sex offender from residing within 1,000 (rather than 500) feet of a school, park, playground, child care institution, day care center, part day child care facility, day care home, group day care home, or facility providing services exclusively directed toward children under 18 years of age. Prohibits a child sex offender from loitering within 1,000 feet of a school or on a public way within 1,000 feet of a public park. Establishes exemptions for persons who purchased property before the effective date of the amendatory Act. Amends the Sex Offender Registration Act relating to the statement a child sex offender must sign that he or she understands the prohibitions imposed by Illinois law on residing or loitering in certain places. Effective immediately.
LRB096 10058 RLC 20223 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning sex offenders.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Sections 11-9.3 and 11-9.4 as follows:
(720 ILCS 5/11-9.3)
Sec. 11-9.3. Presence within school zone 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

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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
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 child sex
offender who violates this provision is guilty of a Class 4
felony.
(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.
(b) It is unlawful for a child sex offender to knowingly
loiter within 1,000 500 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

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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
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. A child sex offender
who violates this provision is guilty of a Class 4 felony.
(b-5) It is unlawful for a child sex offender to knowingly
reside within 1,000 500 feet of a school building or the real

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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 the effective date of this amendatory Act
of the 91st General Assembly. Nothing in this subsection (b-5)
prohibits a child sex offender from residing between 500 feet
and 1,000 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 the effective date of this amendatory Act of the 96th
General Assembly.
(c) 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 (c) or the attempt to commit an
included sex offense, and:
(A) is convicted of such offense or an attempt
to commit such offense; or
(B) is found not guilty by reason of insanity
of such offense or an attempt to commit such
offense; or
(C) is found not guilty by reason of insanity

HB3975 - 5 - LRB096 10058 RLC 20223 b
pursuant to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense
or an attempt to commit such offense; or
(D) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged
commission or attempted commission of such
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

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law of another state, when any conduct giving rise to
such certification is committed or attempted against a
person less than 18 years of age; or
(iii) is subject to the provisions of Section 2 of
the Interstate Agreements on Sexually Dangerous
Persons Act.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same
time, shall be counted for the purpose of this Section as
one conviction. Any conviction set aside pursuant to law is
not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5),
"sex offense" means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961: 10-7 (aiding and abetting
child abduction under Section 10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9 (public indecency when
committed in a school, on the real property comprising
a school, or on a conveyance, owned, leased, or
contracted by a school to transport students to or from
school or a school related activity), 11-9.1 (sexual
exploitation of a child), 11-15.1 (soliciting for a
juvenile prostitute), 11-17.1 (keeping a place of
juvenile prostitution), 11-18.1 (patronizing a

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juvenile prostitute), 11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child), 11-20.1 (child
pornography), 11-20.3 (aggravated child pornography),
11-21 (harmful material), 12-14.1 (predatory criminal
sexual assault of a child), 12-33 (ritualized abuse of
a child), 11-20 (obscenity) (when that offense was
committed in any school, on real property comprising
any school, in any conveyance owned, leased, or
contracted by a school to transport students to or from
school or a school related activity). An attempt to
commit any of these offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age: 12-13 (criminal sexual
assault), 12-14 (aggravated criminal sexual assault),
12-15 (criminal sexual abuse), 12-16 (aggravated
criminal sexual abuse). An attempt to commit any of
these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age and the defendant is not a
parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).

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An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in
clause (2)(i) of subsection (c) of this Section.
(2.5) For the purposes of subsection (b-5) only, a sex
offense means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961:
10-5(b)(10) (child luring), 10-7 (aiding and
abetting child abduction under Section 10-5(b)(10)),
11-6 (indecent solicitation of a child), 11-6.5
(indecent solicitation of an adult), 11-15.1
(soliciting for a juvenile prostitute), 11-17.1
(keeping a place of juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1
(child pornography), 11-20.3 (aggravated child
pornography), 12-14.1 (predatory criminal sexual
assault of a child), or 12-33 (ritualized abuse of a
child). An attempt to commit any of these offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age: 12-13 (criminal sexual
assault), 12-14 (aggravated criminal sexual assault),
12-16 (aggravated criminal sexual abuse), and
subsection (a) of Section 12-15 (criminal sexual

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abuse). An attempt to commit any of these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age and the defendant is not a
parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in 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 (c) of
this Section shall constitute a conviction for the purpose
of this Article. 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) "School" means a public or private pre-school,
elementary, or secondary school.
(5) "Loiter" means:
(i) Standing, sitting idly, whether or not the

HB3975 - 10 - LRB096 10058 RLC 20223 b
person is in a vehicle or remaining in or around school
property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around school
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.
(6) "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.
(c-5) For the purposes of this Section, the 500 feet
distance shall be measured from 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.
(d) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06;
94-170, eff. 7-11-05; 95-331, eff. 8-21-07; 95-440, eff.
8-27-07; 95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff.
8-21-08; revised 9-23-08.)
(720 ILCS 5/11-9.4)
(Text of Section before amendment by P.A. 95-983)

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Sec. 11-9.4. Approaching, contacting, residing, 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 public park building or on real property
comprising any public park when persons under the age of 18 are
present in the building or on the grounds and to approach,
contact, or communicate with a child under 18 years of age,
unless the offender is a parent or guardian of a person under
18 years of age present in the building or on the grounds.
(b) It is unlawful for a child sex offender to knowingly
loiter on a public way within 1,000 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
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 1,000 500 feet of a playground, child care
institution, day care center, part day child care facility, day
care home, group day care home, or a facility providing
programs or services exclusively directed toward persons under
18 years of age. Nothing in this subsection (b-5) prohibits a
child sex offender from residing within 500 feet of a
playground or a facility providing programs or services

HB3975 - 12 - LRB096 10058 RLC 20223 b
exclusively directed toward persons under 18 years of age if
the property is owned by the child sex offender and was
purchased before the effective date of this amendatory Act of
the 91st General Assembly. Nothing in this subsection (b-5)
prohibits a child sex offender from residing within 500 feet of
a child care institution, day care center, or part day child
care facility if the property is owned by the child sex
offender and was purchased before the effective date of this
amendatory Act of the 94th General Assembly. Nothing in this
subsection (b-5) prohibits a child sex offender from residing
within 500 feet of a day care home or group day care home if the
property is owned by the child sex offender and was purchased
before August 14, 2008 (the effective date of Public Act
95-821). Nothing in this subsection (b-5) prohibits a child sex
offender from residing between 500 feet and 1,000 feet of a
playground or a facility providing programs or services
exclusively directed toward persons under 18 years of age if
the property is owned by the child sex offender and was
purchased before the effective date of this amendatory Act of
the 96th General Assembly. Nothing in this subsection (b-5)
prohibits a child sex offender from residing between 500 feet
and 1,000 feet of a child care institution, day care center, or
part day child care facility if the property is owned by the
child sex offender and was purchased before the effective date
of this amendatory Act of the 96th General Assembly. Nothing in
this subsection (b-5) prohibits a child sex offender from

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residing within between 500 feet and 1,000 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 the effective date
of this amendatory Act of the 96th General Assembly this
amendatory Act of the 95th General Assembly.
(b-6) It is unlawful for a child sex offender to knowingly
reside within 1,000 500 feet of the victim of the sex offense.
Nothing in this subsection (b-6) 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 the effective date of this
amendatory Act of the 92nd General Assembly. Nothing in this
subsection (b-6) prohibits a child sex offender from residing
between 500 and 1,000 feet of the victim if the property in
which the child sex offender resides is owned by the child sex
offender and was purchased before the effective date of this
amendatory Act of the 96th General Assembly.
This subsection (b-6) does not apply if the victim of the
sex offense is 21 years of age or older.
(c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed towards persons
under the age of 18; (ii) day care center; (iii) part day child
care facility; (iv) child care institution; (v) school
providing before and after school programs for children under

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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,
school providing before and after school programs for children
under 18 years of age, day care home, or group day care home is
operated.
(c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
county fair when persons under the age of 18 are present.
(c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820) this
amendatory Act of the 95th General Assembly.
(c-7) (c-6) It is unlawful for a child sex offender to
knowingly offer or provide any programs or services to persons

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under 18 years of age in his or her residence or the residence
of another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
(d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any
substantially similar federal law or law of another
state, with a sex offense set forth in paragraph (2) of
this subsection (d) or the attempt to commit an
included sex offense, and:
(A) is convicted of such offense or an attempt
to commit such offense; or
(B) is found not guilty by reason of insanity
of such offense or an attempt to commit such
offense; or
(C) is found not guilty by reason of insanity
pursuant to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense
or an attempt to commit such offense; or
(D) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged
commission or attempted commission of such

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offense; or
(E) is found not guilty by reason of insanity
following a hearing conducted pursuant to a
federal law or the law of another state
substantially similar to subsection (c) of Section
104-25 of the Code of Criminal Procedure of 1963 of
such offense or of the attempted commission of such
offense; or
(F) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
a federal law or the law of another state
substantially similar to subsection (a) of Section
104-25 of the Code of Criminal Procedure of 1963
for the alleged violation or attempted commission
of such offense; or
(ii) is certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons
Act, or any substantially similar federal law or the
law of another state, when any conduct giving rise to
such certification is committed or attempted against a
person less than 18 years of age; or
(iii) is subject to the provisions of Section 2 of
the Interstate Agreements on Sexually Dangerous
Persons Act.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same

HB3975 - 17 - LRB096 10058 RLC 20223 b
time, shall be counted for the purpose of this Section as
one conviction. Any conviction set aside pursuant to law is
not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5),
"sex offense" means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961: 10-7 (aiding and abetting
child abduction under Section 10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9 (public indecency when
committed in a school, on the real property comprising
a school, on a conveyance owned, leased, or contracted
by a school to transport students to or from school or
a school related activity, or in a public park), 11-9.1
(sexual exploitation of a child), 11-15.1 (soliciting
for a juvenile prostitute), 11-17.1 (keeping a place of
juvenile prostitution), 11-18.1 (patronizing a
juvenile prostitute), 11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child), 11-20.1 (child
pornography), 11-20.3 (aggravated child pornography),
11-21 (harmful material), 12-14.1 (predatory criminal
sexual assault of a child), 12-33 (ritualized abuse of
a child), 11-20 (obscenity) (when that offense was
committed in any school, on real property comprising
any school, on any conveyance owned, leased, or

HB3975 - 18 - LRB096 10058 RLC 20223 b
contracted by a school to transport students to or from
school or a school related activity, or in a public
park). An attempt to commit any of these offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age: 12-13 (criminal sexual
assault), 12-14 (aggravated criminal sexual assault),
12-15 (criminal sexual abuse), 12-16 (aggravated
criminal sexual abuse). An attempt to commit any of
these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age and the defendant is not a
parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in
clause (2)(i) of this subsection (d).
(2.5) For the purposes of subsection (b-5) only, a sex
offense means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961:

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10-5(b)(10) (child luring), 10-7 (aiding and
abetting child abduction under Section
10-5(b)(10)), 11-6 (indecent solicitation of a
child), 11-6.5 (indecent solicitation of an
adult), 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a juvenile
prostitute), 11-19.1 (juvenile pimping), 11-19.2
(exploitation of a child), 11-20.1 (child
pornography), 11-20.3 (aggravated child
pornography), 12-14.1 (predatory criminal sexual
assault of a child), or 12-33 (ritualized abuse of
a child). An attempt to commit any of these
offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age: 12-13 (criminal sexual
assault), 12-14 (aggravated criminal sexual assault),
12-16 (aggravated criminal sexual abuse), and
subsection (a) of Section 12-15 (criminal sexual
abuse). An attempt to commit any of these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age and the defendant is not a
parent of the victim:
10-1 (kidnapping),

HB3975 - 20 - LRB096 10058 RLC 20223 b
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
paragraph (2.5) of this subsection.
(3) A conviction for an offense of federal law or the
law of another state that is substantially equivalent to
any offense listed in paragraph (2) of this subsection (d)
shall constitute a conviction for the purpose of this
Section. A finding or adjudication as a sexually dangerous
person under any federal law or law of another state that
is substantially equivalent to the Sexually Dangerous
Persons Act shall constitute an adjudication for the
purposes of this Section.
(4) "Public park" includes a park, forest preserve, or
conservation area under the jurisdiction of the State or a
unit of local government.
(5) "Facility providing programs or services directed
towards persons under the age of 18" means any facility
providing programs or services exclusively directed
towards persons under the age of 18.
(6) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around public

HB3975 - 21 - LRB096 10058 RLC 20223 b
park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around public
park property, for the purpose of committing or
attempting to commit a sex offense.
(7) "Playground" means a piece of land owned or
controlled by a unit of local government that is designated
by the unit of local government for use solely or primarily
for children's recreation.
(8) "Child care institution" has the meaning ascribed
to it in Section 2.06 of the Child Care Act of 1969.
(9) "Day care center" has the meaning ascribed to it in
Section 2.09 of the Child Care Act of 1969.
(10) "Part day child care facility" has the meaning
ascribed to it in Section 2.10 of the Child Care Act of
1969.
(11) "Day care home" has the meaning ascribed to it in
Section 2.18 of the Child Care Act of 1969.
(12) "Group day care home" has the meaning ascribed to
it in Section 2.20 of the Child Care Act of 1969.
(d-5) For the purposes of this Section, the 1,000 500 feet
distance shall be measured from the edge of the property
comprising the public park building or the real property
comprising the public park, playground, child care
institution, day care center, part day child care facility, or
a facility providing programs or services exclusively directed

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toward persons under 18 years of age, or a victim of the sex
offense who is under 21 years of age to the edge of the child
sex offender's place of residence or where he or she is
loitering.
(e) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640,
eff. 6-1-08; 95-819, eff. 1-1-09; 95-820, eff. 1-1-09; 95-821,
eff. 8-14-08; 95-876, eff. 8-21-08; revised 10-20-08.)
(Text of Section after amendment by P.A. 95-983)
Sec. 11-9.4. Approaching, contacting, residing, 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 public park building or on real property
comprising any public park when persons under the age of 18 are
present in the building or on the grounds and to approach,
contact, or communicate with a child under 18 years of age,
unless the offender is a parent or guardian of a person under
18 years of age present in the building or on the grounds.
(b) It is unlawful for a child sex offender to knowingly
loiter on a public way within 1,000 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a

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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 1,000 500 feet of a playground, child care
institution, day care center, part day child care facility, day
care home, group day care home, or a facility providing
programs or services exclusively directed toward persons under
18 years of age. Nothing in this subsection (b-5) prohibits a
child sex offender from residing within 1,000 500 feet of a
playground or a facility providing programs or services
exclusively directed toward persons under 18 years of age if
the property is owned by the child sex offender and was
purchased before the effective date of this amendatory Act of
the 91st General Assembly. Nothing in this subsection (b-5)
prohibits a child sex offender from residing within 500 feet of
a child care institution, day care center, or part day child
care facility if the property is owned by the child sex
offender and was purchased before the effective date of this
amendatory Act of the 94th General Assembly. Nothing in this
subsection (b-5) prohibits a child sex offender from residing
within 500 feet of a day care home or group day care home if the
property is owned by the child sex offender and was purchased
before August 14, 2008 (the effective date of Public Act
95-821). Nothing in this subsection (b-5) prohibits a child sex
offender from residing between 500 feet and 1,000 feet of a

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playground or a facility providing programs or services
exclusively directed toward persons under 18 years of age if
the property is owned by the child sex offender and was
purchased before the effective date of this amendatory Act of
the 96th General Assembly. Nothing in this subsection (b-5)
prohibits a child sex offender from residing between 500 feet
and 1,000 feet of a child care institution, day care center, or
part day child care facility if the property is owned by the
child sex offender and was purchased before the effective date
of this amendatory Act of the 96th General Assembly. Nothing in
this subsection (b-5) prohibits a child sex offender from
residing within between 500 feet and 1,000 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 the effective date
of this amendatory Act of the 96th General Assembly this
amendatory Act of the 95th General Assembly.
(b-6) It is unlawful for a child sex offender to knowingly
reside within 1,000 500 feet of the victim of the sex offense.
Nothing in this subsection (b-6) 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 the effective date of this
amendatory Act of the 92nd General Assembly. Nothing in this
subsection (b-6) prohibits a child sex offender from residing
between 500 and 1,000 feet of the victim if the property in
which the child sex offender resides is owned by the child sex

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offender and was purchased before the effective date of this
amendatory Act of the 96th General Assembly.
This subsection (b-6) does not apply if the victim of the
sex offense is 21 years of age or older.
(b-7) It is unlawful for a child sex offender to knowingly
communicate, other than for a lawful purpose under Illinois
law, using the Internet or any other digital media, with a
person under 18 years of age or with a person whom he or she
believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
(c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed towards persons
under the age of 18; (ii) day care center; (iii) part day child
care facility; (iv) child care institution; (v) school
providing before and after school programs for children under
18 years of age; (vi) day care home; or (vii) group day care
home. This does not prohibit a child sex offender from owning
the real property upon which the programs or services are
offered or upon which the day care center, part day child care
facility, child care institution, or school providing before
and after school programs for children under 18 years of age is
located, provided the child sex offender refrains from being
present on the premises for the hours during which: (1) the

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programs or services are being offered or (2) the day care
center, part day child care facility, child care institution,
school providing before and after school programs for children
under 18 years of age, day care home, or group day care home is
operated.
(c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
county fair when persons under the age of 18 are present.
(c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820) this
amendatory Act of the 95th General Assembly.
(c-7) (c-6) It is unlawful for a child sex offender to
knowingly offer or provide any programs or services to persons
under 18 years of age in his or her residence or the residence
of another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
(d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any

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substantially similar federal law or law of another
state, with a sex offense set forth in paragraph (2) of
this subsection (d) or the attempt to commit an
included sex offense, and:
(A) is convicted of such offense or an attempt
to commit such offense; or
(B) is found not guilty by reason of insanity
of such offense or an attempt to commit such
offense; or
(C) is found not guilty by reason of insanity
pursuant to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense
or an attempt to commit such offense; or
(D) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged
commission or attempted commission of such
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

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

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10-5(b)(10) (child luring), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9 (public indecency when
committed in a school, on the real property comprising
a school, on a conveyance owned, leased, or contracted
by a school to transport students to or from school or
a school related activity, or in a public park), 11-9.1
(sexual exploitation of a child), 11-15.1 (soliciting
for a juvenile prostitute), 11-17.1 (keeping a place of
juvenile prostitution), 11-18.1 (patronizing a
juvenile prostitute), 11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child), 11-20.1 (child
pornography), 11-20.3 (aggravated child pornography),
11-21 (harmful material), 12-14.1 (predatory criminal
sexual assault of a child), 12-33 (ritualized abuse of
a child), 11-20 (obscenity) (when that offense was
committed in any school, on real property comprising
any school, on any conveyance owned, leased, or
contracted by a school to transport students to or from
school or a school related activity, or in a public
park). An attempt to commit any of these offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age: 12-13 (criminal sexual
assault), 12-14 (aggravated criminal sexual assault),
12-15 (criminal sexual abuse), 12-16 (aggravated

HB3975 - 30 - LRB096 10058 RLC 20223 b
criminal sexual abuse). An attempt to commit any of
these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age and the defendant is not a
parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in
clause (2)(i) of this subsection (d).
(2.5) For the purposes of subsection (b-5) only, a sex
offense means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961:
10-5(b)(10) (child luring), 10-7 (aiding and
abetting child abduction under Section
10-5(b)(10)), 11-6 (indecent solicitation of a
child), 11-6.5 (indecent solicitation of an
adult), 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a juvenile
prostitute), 11-19.1 (juvenile pimping), 11-19.2

HB3975 - 31 - LRB096 10058 RLC 20223 b
(exploitation of a child), 11-20.1 (child
pornography), 11-20.3 (aggravated child
pornography), 12-14.1 (predatory criminal sexual
assault of a child), or 12-33 (ritualized abuse of
a child). An attempt to commit any of these
offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age: 12-13 (criminal sexual
assault), 12-14 (aggravated criminal sexual assault),
12-16 (aggravated criminal sexual abuse), and
subsection (a) of Section 12-15 (criminal sexual
abuse). An attempt to commit any of these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age and the defendant is not a
parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
paragraph (2.5) of this subsection.
(3) A conviction for an offense of federal law or the

HB3975 - 32 - LRB096 10058 RLC 20223 b
law of another state that is substantially equivalent to
any offense listed in paragraph (2) of this subsection (d)
shall constitute a conviction for the purpose of this
Section. A finding or adjudication as a sexually dangerous
person under any federal law or law of another state that
is substantially equivalent to the Sexually Dangerous
Persons Act shall constitute an adjudication for the
purposes of this Section.
(4) "Public park" includes a park, forest preserve, or
conservation area under the jurisdiction of the State or a
unit of local government.
(5) "Facility providing programs or services directed
towards persons under the age of 18" means any facility
providing programs or services exclusively directed
towards persons under the age of 18.
(6) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around public
park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around public
park property, for the purpose of committing or
attempting to commit a sex offense.
(7) "Playground" means a piece of land owned or
controlled by a unit of local government that is designated
by the unit of local government for use solely or primarily

HB3975 - 33 - LRB096 10058 RLC 20223 b
for children's recreation.
(8) "Child care institution" has the meaning ascribed
to it in Section 2.06 of the Child Care Act of 1969.
(9) "Day care center" has the meaning ascribed to it in
Section 2.09 of the Child Care Act of 1969.
(10) "Part day child care facility" has the meaning
ascribed to it in Section 2.10 of the Child Care Act of
1969.
(11) "Day care home" has the meaning ascribed to it in
Section 2.18 of the Child Care Act of 1969.
(12) "Group day care home" has the meaning ascribed to
it in Section 2.20 of the Child Care Act of 1969.
(13) (11) "Internet" means an interactive computer
service or system or an information service, system, or
access software provider that provides or enables computer
access by multiple users to a computer server, and
includes, but is not limited to, an information service,
system, or access software provider that provides access to
a network system commonly known as the Internet, or any
comparable system or service and also includes, but is not
limited to, a World Wide Web page, newsgroup, message
board, mailing list, or chat area on any interactive
computer service or system or other online service.
(d-5) For the purposes of this Section, the 1,000 500 feet
distance shall be measured from the edge of the property
comprising the public park building or the real property

HB3975 - 34 - LRB096 10058 RLC 20223 b
comprising the public park, playground, child care
institution, day care center, part day child care facility, or
a facility providing programs or services exclusively directed
toward persons under 18 years of age, or a victim of the sex
offense who is under 21 years of age to the edge of the child
sex offender's place of residence or where he or she is
loitering.
(e) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640,
eff. 6-1-08; 95-819, eff. 1-1-09; 95-820, eff. 1-1-09; 95-821,
eff. 8-14-08; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09;
revised 10-20-08.)
Section 10. The Sex Offender Registration Act is amended by
changing Section 8 as follows:
(730 ILCS 150/8) (from Ch. 38, par. 228)
Sec. 8. Registration Requirements. Registration as
required by this Article shall consist of a statement in
writing signed by the person giving the information that is
required by the Department of State Police, which may include
the fingerprints and must include a current photograph of the
person, to be updated annually. If the sex offender is a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961, he or she shall sign a statement that he

HB3975 - 35 - LRB096 10058 RLC 20223 b
or she understands that according to Illinois law as a child
sex offender he or she may not reside within 1,000 500 feet of
a school, park, or playground, child care institution, day care
center, part day child care facility, day care home, or group
day care home. The offender may also not reside within 1,000
500 feet of a facility providing services directed exclusively
toward persons under 18 years of age unless the sex offender
meets specified exemptions. The offender may also not reside
within 1,000 feet of the victim of the sex offense if the
victim is under 21 years of age. The offender may also not
loiter within 1,000 feet of a school building or school grounds
or on a public way within 1,000 feet of a public park building.
The registration information must include whether the person is
a sex offender as defined in the Sex Offender Community
Notification Law. Within 3 days, the registering law
enforcement agency shall forward any required information to
the Department of State Police. The registering law enforcement
agency shall enter the information into the Law Enforcement
Agencies Data System (LEADS) as provided in Sections 6 and 7 of
the Intergovernmental Missing Child Recovery Act of 1984.
(Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06;
94-945, eff. 6-27-06.)
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

HB3975 - 36 - LRB096 10058 RLC 20223 b
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.