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General NewsNational

IL: High court upholds ban on sex offenders in parks

The state’s criminal code completely bars child sex offenders from entering public parks, despite an exception written into a similar but separate part of the law, the Illinois Supreme Court ruled last week.

The 5-2 majority held that the exception in Section 11-9.3(a-10) of the Illinois Criminal Code of 2012, which allows child sex offenders to visit public parks with their minor children when other minor children are present, cannot be read into Section 11-9.4-1(b), which prohibits a child sex offender from “knowingly be[ing] present in any public park.” Full Article

Join the discussion

  1. Facts should matter

    How does banning anyone from visiting a park minimize risk? It doesn’t! Safety and security is an illusion. This ruling was decided only for protecting the local authorities from liability and embarrassment from a media blitz in the event “one of those people” snatches a kid from a park. That’s all!

    • David V C

      They will ban a child sex offender from parks, but not repeat drunk drivers from bars.
      STUPID!!!!!!
      Just goes to show that legislators are NOT out to protect the public!

  2. SR

    Well this is all kind of nuts. So they create an exception that is apparently meaningless. And convicted a man on a matter of useless principle of the law for looking out for his child. They immensely hurt him while literally wasting tens of thousands of public dollars for absolutely zero gain in any measurable way.

    • Tim in WI

      ZERO GAIN?
      “Databases to assist law enforcement” That’s all. When it comes to electronic gadgets LEOrgs apply them first and ask permission from the courts later. As example, an electronic tracker was applied to a narcotics perp’s vehicle without a warrant approval. And in the cases of Playpen & Mr. Kraft a propper warrant was in place but LEO used the warrant in ways not acceptable to typical use. We’ve witnessed the same unchecked GEOrge behavior in error filled federal FISA court applications too.

      False pretence & plausible deniability, each capped with qualified immunity

      https://www.powerdms.com/blog/six-layers-liability-avoidance-law-enforcement/

  3. Dustin

    I would have argued the laws conflict. One law is an outright ban, but another lifts the ban under certain conditions, which were met from my reading of the opinion. Longstanding precedence is that when laws conflict, the conflict is resolved against the government. The dissenting opinion should have carried, IMHO.

    Further, constitutional or not, I think the ban is wrong. If the registrant pays taxes, he has just as much right to be there as anyone else. If the ban sticks, he should be relieved of paying the taxes that support the park, as well as any other government service he is denied due to his registry status.

  4. Anonymous

    @SR – waste public dollars means that they get to keep their inflated salary government jobs. Sometimes they will actually hire outside council as well who in turn, “return the favor” (wink wink).

    • Will Allen

      Everyone should commit themselves to learning the salaries of your local judges, legislators, other politicians, government employees, and law enforcement, and joining groups that are committed to driving their salaries down. Most upper level law enforcement is waaaaay, way overpaid. EVERYONE should commit to working to driving their salaries down.

      I’ve been on a personal mission for a while where I contact law enforcement officers and I give them the data on how small their salaries are compared to the people at the top who are stealing. It is meant to drive dissension and it seems quite effective. Morale has hardly been lower, for various reasons.

      Big government declared war on me. I accepted and they have suffered a lot worse than I have. I am committed to delivering them pain and consequences. There should be nothing pleasant about fleecing taxpayers and harassing people on a Hit List.

      Defund the police. Defund big government.

      Sic Semper Tyrannis

  5. AERO1

    To all sexofenders liveing in the state of ILLINOIS id either move or try your best to follow the blueprint Janice Bellucci and the ACSOL team has lad out for everyone City to city coast to coast.
    If you feel your constitutional rights are being violated then stand up and fight back.

  6. G4Change

    Is it me, or should this have been fought on the grounds of the statutes being unconstitutionally vague??? What a crock of crap!

  7. AJ

    So the dude was being a good parent, looking for his wayward son. And yet for those good paternal measures, he gets slapped with a(nother) conviction. That’s all in spite of the convoluted and twisted interpretation the IL SC made. I know it’s State laws in a State matter but I hope to heavens there’s some sort of Federal Constitutional violation that could be tossed up. Vagueness is no longer valid, since IL SC has just made it crystal-clear for citizen and TBL alike.

    • AJ

      It occurred to me that this dude in IL should be able to sue the State in Federal court for unconstitutionally burdening his fundamental rights of Free Speech and Freedom of Assembly. After all, a public park is a “traditional public forum” (https://www.law.cornell.edu/wex/forums). That means the burden is on the State, not the citizen. Given it’s content-neutral on the Speech angle, it would only be held to intermediate scrutiny. (I always find it quite odd that a blanket ban against a citizen is held to a lower standard than a specific ban against all citizens. They seem equally evil to me.) Freedom of Assembly, unfortunately, has pretty much been subsumed by Freedom of Speech, even though they are distinctly different due to their itemization in the First Amendment.

  8. NorthEastPENN

    I guess they make the laws about S$x offenders not being allowed in any parks to keep the rate of s$xual assaults down on children by S$x offenders in parks – I mean look at all the articles you read about in the news on a daily basis of this happening all over the country where S$x offenders are allowed in parks etc.

    Oh wait! We don’t see articles in the news on a regular basis about these kinds of assaults on children where s$x offenders are allowed in parks. I can’t remember when I read one the last time.

    Sorry, I am confused? Can someone please shed some light on how a law like this does reduce assaults on children?

    I know, someone will say the famous phrase –
    “If it saves just one child it is worth it”. Darn! And I was thinking the same thing that children are in far more danger just riding with an adult in a car – chances of an accident and child being hurt are far higher than an assault in a park.

  9. Eric

    Awesome, they sure got their priorities straight. Meanwhile 104 people were shot on Father’s Day in Chicago alone as a result of gang and drug warfare. Keep up the good work leaders of Illinois.

    • Brandon

      Eric

      Those crimes didn’t involve sex and the leaders don’t care unless it’s sex related; yet when they commit a sex crime it’s the slush fund of taxpayer money to make it go away.

  10. JM from wi

    Traveling to or living in places like Chicago are close to impossible to comply with the letter of the law. Just finding out what places we are banned from is difficult. I can somewhat understand probation restrictions of this sort, but for a free citizen it is hard to swallow. It would be interesting if justice Thomas L. Kilbride was in danger or distress in a park and he called out to a citizen for help and that citizen said “sorry, cant be in the park”. Better yet: drowning in lake Michigan- can’t walk across the sand to the water… it’s a park.
    My PO when asked if we see a child is drowning and no one else is around what should we do…. the answer of course was call the police. As a person not on probation it’s mind twisting. I pray for the day a kid is saved by a registrant who subsequently is charged with some proximity bull****. That is or best chance for stupid law reform.
    As a side note a friend of mine in SOT group was given verbal atta-boy praise by his PO for waiting out in the street 20+ minutes until his wife arrived home while his hurt child who had fallen bled in his garage. His PO had trained him well.

    • SR

      A guy in our group for several years had to wait at a train station, rain or shine, until his wife got off work because he wasn’t allowed to be at home with his children there. His offense wasn’t against his children. And even though his mother-in-law was always home as well, that still didn’t matter because she wasn’t the officially designated IRA (Informed Responsible Adult). It would’ve been easy enough for the court to give him a general weaver for his own children during sentencing, but no one at that time thought it was an issue. So rubber stamp it was. And doing it after that fact was much more complicated for whatever reason. And the damnest thing of it all? Not a single person gave a f**k that he was around his own kids until the final gavel came down. Apparently the People’s interest in his children’s safety was non-existent during the year or so his legal proceedings took. His final conviction for a misdemeanor 647.6.

      The system is broken beyond comprehension, and anyone supporting it deserves to burn in hell.

      • w

        A 647.6 charge is slippery way for prosecutors to skirt by under their burden of proof. The da starts off with more serious charges so they can strong-arm the probable cause warrant, then failing requirements for that charge (dna, etc) they drop to 647.6 misdemeanor. The da looks lenient, the defendant gets lighter terms. Of course any plea bargain will include registration, and wouldn’t you know it, as part of any sentencing terms you’ll still be forced to register. Then after your jail term they give you a probation officer that keeps telling you “Yeah you should move, I hear _____ is better”. Especially in cases where a false accusation is used to convict you. They just want your case to leave the state so you get tossed on someone else’s desk now that they convicted you.

        I like to call it “the ghost touch” scenario. A scene that is manipulated for an offense that never happened to a “victim” that only existed as a name on paper and a face to convince the jury. But a real person has to suffer.

        It takes a lot of strength to not want to move, to keep up the broken life you’ve been left to carry on. To deal with the family and friends that leave you, and the job you had to leave. To deal with the legal system they’ve built to mow you down. And to deal with constantly being pushed aside and no one believing you. That’s what I’ve had to put up with to help a family member who was falsely accused.

        Ironically you too have to become a ghost just to fight back. Which means giving up your old life and committing to being a whistle blower. So if you made it this far there’s work to be done. Join the cause.

  11. Brandon

    I wonder what would of happened if something bad happened to his son and he got charged with child abuse/negligence because of his club membership. These laws have always been unjust and abuse of power!! Government has gotten to big for it’s pants.

  12. ReadyToFight

    This is some bull shit. They can make our info public but they can also ban us from Public places?!?
    How is it Not punishment and or any different from a type of incarceration when they remove a groups status as part of the public as a FREE CITIZEN?
    This really angers me even tho I don’t live in this area. I know I don’t ever want to walk into a place minding my own fucking business only to be looked at as a threat or a goddam domestic terrorist. I’m a human being. How can anyone expect a person to learn from their mistake and grow as a person when they keep having their face rubbed in shit?

    • Saddles

      @ Ready to fight. Having one’s face rubbed in shit. Well that sort of explains it in vary crass way and I have to say to New person and many more on here. Ya Volt: Colonel Hogan. I know nothing. Interesting theory about this registry with many capitalist view’s and twists today. One wonders who’s comparing notes today in this capitalism coffer today in this registry game. And I thought Dale Carnegie’s trainings were good. Who bets on a horse to lose? Evidently Government does in these registry ordeals.

      I never played the stock market. Of course one thing about me I would rather be wrong 100% than be right in anyone’s view’s to cause another to stumble or who is stumbling today. If you lay a stumbling block at least one should give warning. Confusion doesn’t get anyone anywhere. Guess why no one saw this registry taking advantage of so many by this unethical means. Its like give to Ceaser what is Ceasers or who is bowing down in this vain type ordeal.

      I look at this registry in a gospel way. Does it have a Christian prospective, are the methods of a God Centered nature, do all the commandments line up, or could it be a blessing in disquise to some. According to Will Allen and many on here … they can’t do that. Whether they can or can’t should one look at the principals behind this ordeal. Were are the blackmail notes, where is the coming to agreement before going to court or does a plea deal fix everything.

      Where does the truth lay in this encounter. One wonders if Paul was a Jew and laying it on the line or was that to be worked out in this stumbling block we are all in. Is the principal more important or the flesh? or who’s wrestling who. So if you take bits out of Christiany out of government you you wind up with a mess or a pandermic or other acts of nature and that isn’t good.

      I’m sure people dont’ like to talk about Marxism and things of a capital nature. Sure crime is crime but who is the promoter of the crime and who was taken in by the winfall as in these internet conflicts. Should one present the idea to another to rob a bank or presume that he or she will go along with it as in a Patty Hurst brainwash ordeal. I don’t think that was her intent when growing up and I know nothing about hedge funds.

  13. JoJo

    Well , You all in IL have a road map of how to change the law, its not the old traditional way as BLM has taught us.

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