Bill Status of SB 1577   93rd General Assembly

Short Description:  SEXUALLY DANGEROUS-RECOVERY

Senate Sponsors
Sen. Larry K. Bomke

House Sponsors
(Rep. Patricia Bailey)


Last Action  View All Actions

DateChamber Action
  1/11/2005SenateSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 205/9from Ch. 38, par. 105-9

Synopsis As Introduced
Amends the Sexually Dangerous Persons Act. Provides that a person who is committed as a sexually dangerous person may file an application showing recovery after 6 months have elapsed since the initial commitment order was entered, the most recent order showing recovery was denied, or the most recent order for conditional release was revoked. Provides that the court, within 30 days of the receipt of the petition showing recovery, may either deny the application or set the cause for a probable cause hearing after the court receives a socio-psychiatric report. Provides that at the probable cause hearing, if the court is satisfied that cause exists to believe that it is not substantially probable that the applicant will engage in acts of sexual assault or acts of sexual molestation of children if discharged or conditionally released, it shall set the cause for a hearing. Provides that the person at his or her election is entitled to a trial by jury on the issue of recovery. Provides standards to be considered by the court or jury in determining whether the applicant has recovered and should be discharged from confinement.

Senate Committee Amendment No. 2
Changes the procedures at the probable cause hearing. Provides that a jury, or the court without a jury if the applicant has waived a jury, shall make one of 3 findings following a trial: (1) if the State proves by clear and convincing evidence that the person has not recovered and is still a sexually dangerous person the petition shall be denied; (2) if the State proves by clear and convincing evidence that the person has only recovered substantially and that he can be allowed safely to go at large only if he or she is subject to conditions and supervision, then the petition shall be granted subject to such conditions and supervision as are imposed by the court following the finding of substantial recovery; (3) if the State fails to prove by clear and convincing evidence that the person has not recovered and is still a sexually dangerous person and also fails to prove by clear and convincing evidence that the person has only recovered substantially and requires conditions and supervision, the petition shall be granted and the person discharged.

Actions 
DateChamber Action
  2/20/2003SenateFiled with Secretary by Sen. Larry K. Bomke
  2/20/2003SenateFirst Reading
  2/20/2003SenateReferred to Rules
  2/27/2003SenateAssigned to Judiciary
  3/5/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Larry K. Bomke
  3/5/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  3/6/2003SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Larry K. Bomke
  3/6/2003SenateSenate Committee Amendment No. 2 Referred to Rules
  3/11/2003SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/11/2003SenateSenate Committee Amendment No. 2 Rules Refers to Judiciary
  3/11/2003SenateSenate Committee Amendment No. 1 Tabled in Judiciary
  3/11/2003SenateSenate Committee Amendment No. 2 Adopted
  3/13/2003SenateDo Pass as Amended Judiciary; 009-000-000
  3/13/2003SenatePlaced on Calendar Order of 2nd Reading March 18, 2003
  3/18/2003SenateSecond Reading
  3/18/2003SenatePlaced on Calendar Order of 3rd Reading March 19, 2003
  3/20/2003SenateThird Reading - Passed; 055-001-000
  3/20/2003HouseArrived in House
  3/20/2003HousePlaced on Calendar Order of First Reading
  3/21/2003HouseChief House Sponsor Rep. Patricia Bailey
  3/21/2003HouseFirst Reading
  3/21/2003HouseReferred to Rules Committee
  3/31/2003HouseAssigned to Judiciary II - Criminal Law Committee
  5/2/2003HouseRule 19(a) / Re-referred to Rules Committee
  1/11/2005SenateSession Sine Die

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