Public Act 103-0283
 
HB1399 EnrolledLRB103 24972 RLC 51306 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Criminal Code of 2012 is amended  by adding 
Sections 11-9.2-1 and 11-9.2-2 as follows:
 
    (720 ILCS 5/11-9.2-1 new)
    Sec. 11-9.2-1. Lewd sexual display in a penal institution.
    (a) A person  commits lewd sexual display in a penal 
institution when he or she is in the custody of a penal 
institution and knowingly engages in any of the following acts 
while he or she is confined in a penal institution: engages in 
a lewd exposure of the genitals or anus, for the purpose or 
effect of intimidating, harassing, or threatening one whom he 
or she believes to be in the presence or view of such acts. For 
purposes of this Section, "penal institution" does not include 
a facility of the Department of Juvenile Justice or a juvenile 
detention facility.
    (b) Sentence. Lewd sexual display in a penal institution 
is a Class A misdemeanor. A person convicted of a second or 
subsequent violation for lewd sexual display in a penal 
institution is guilty of a Class 4 felony.
    (c) A person charged with a violation of this Section 
shall be eligible for an evaluation for a  mental health court 
program under the Mental Health Court Treatment Act, the 
provisions of Section 20 of that Act   notwithstanding, and 
shall be given an eligibility screening and an assessment, 
pursuant to the provisions of Section 25 of the Mental Health 
Court Treatment Act, administered by a qualified mental health 
court professional independent of the penal institution where 
the individual is in custody.
    (d) Notwithstanding the provisions of subsection (e) of 
Section 25 of the Mental Health Court Treatment Act, a person 
who has been charged with a violation of this Section shall not 
be liable for any fines, fees, costs, or restitution unless 
the person fails to successfully complete that person's 
court-ordered mental health court treatment program.
    (e) All charges against a person for a violation of this 
Section shall be dismissed upon the court's determination that 
the person has successfully completed the person's 
court-ordered mental health court treatment program. 
Unwillingness to participate in a court-ordered mental health 
court treatment program may result in prosecution under this 
Section. Failure to complete a mental health treatment court 
program shall have the consequences prescribed by the rules 
and regulations of that treatment court program.
    (f) A person is not guilty of a violation of this Section 
for engaging in the conduct prohibited by this Section, if any 
of the following are true:
        (1)  the person is under 18 years of age or not confined 
    to a penal institution;
        (2) the person suffered from a behavioral health issue 
    at the time of the prohibited conduct and that behavioral 
    health issue was the direct cause for the person having 
    engaged in the prohibited conduct; or
        (3) the person was not in the actual presence or view 
    of another person.
    (g) This Section is repealed on January 1, 2028. 
 
    (720 ILCS 5/11-9.2-2 new)
    Sec. 11-9.2-2. Lewd sexual display in a penal institution 
annual report; sunset date.
    (a) The Illinois Criminal Justice Information Authority 
shall compile data provided to it pursuant to this Section and 
provide an annual report to the Governor and the General 
Assembly on or before January 1 of each year. The Illinois 
Criminal Justice Information Authority may include findings or 
recommendations in its published annual report.
    (b) The following data shall be provided to the Illinois 
Criminal Justice Information Authority on or before October 1 
of each year:
        (1) each penal institution shall provide the number of 
    persons referred to a county State's Attorney for 
    prosecution of a violation of Section 11-9.2-1, the 
    demographic data of the referred persons, including, but 
    not limited to, age, race, ethnicity, and sex, and any 
    underlying charge or charges upon which the referred 
    person is being held in the custody of the penal 
    institution; and
        (2) each county State's Attorney shall provide the 
    number of persons charged by that State's Attorney for a 
    violation of Section 11-9.2-1, the demographic data of the 
    charged persons, including, but not limited to, age, race, 
    ethnicity, and sex, and the case disposition, or lack 
    thereof, of each charged person.
    (c) This Section is repealed on January 1, 2028.