103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1050

 

Introduced 1/12/2023, by Rep. Natalie A. Manley

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.2-1 new
720 ILCS 5/11-9.2-2 new
730 ILCS 150/2  from Ch. 38, par. 222

    Amends the Criminal Code of 2012. Creates the offense of lewd sexual display in a penal institution. Provides that a person commits the offense 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 body or sex organs, anus, or breast, 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. Excludes from the definition of "penal Institution" a facility of the Department of Juvenile Justice or a juvenile detention facility. Provides that lewd sexual display in a penal institution is a Class A misdemeanor, except that a person convicted of a third or subsequent violation is guilty of a Class 4 felony. Provides that the Illinois Criminal Justice Information Authority shall compile certain data provided to it and provide an annual report to the Governor and the General Assembly on or before January 1 of each year. Provides that the Illinois Criminal Justice Information Authority may include findings or recommendations in its published annual report. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a third violation of lewd sexual display in a penal institution committed on or after the effective date of the amendatory Act and before January 1, 2030. Provides for repeal of the amendatory Act on January 1, 2030.


LRB103 04667 RLC 49675 b

 

 

A BILL FOR

 

HB1050LRB103 04667 RLC 49675 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Sections 11-9.2-1 and 11-9.2-2 as follows:
 
6    (720 ILCS 5/11-9.2-1 new)
7    Sec. 11-9.2-1. Lewd sexual display in a penal institution.
8    (a) A person commits lewd sexual display in a penal
9institution when he or she is in the custody of a penal
10institution and knowingly engages in any of the following acts
11while he or she is confined in a penal institution: engages in
12a lewd exposure of the body or sex organs, anus, or breast, for
13the purpose or effect of intimidating, harassing, or
14threatening one whom he or she believes to be in the presence
15or view of such acts. For purposes of this Section, "penal
16institution" does not include a facility of the Department of
17Juvenile Justice or a juvenile detention facility.
18    (b) Sentence. Lewd sexual display in a penal institution
19is a Class A misdemeanor. A person convicted of a third or
20subsequent violation for lewd sexual display in a penal
21institution is guilty of a Class 4 felony.
22    (c) A person charged with a violation of this Section may
23be eligible for a mental health court program under the Mental

 

 

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1Health Court Treatment Act, the provisions of Section 20 of
2that Act notwithstanding, and shall be given an eligibility
3screening and an assessment, pursuant to the provisions of 25
4of the Mental Health Court Treatment Act, administered by a
5qualified mental health court professional independent of the
6penal institution where the individual is in custody.
7    (d) Notwithstanding the provisions of subsection (e) of
8Section 25 of the Mental Health Court Treatment Act, a person
9who has been charged with a violation of this Section shall not
10be liable for any fines, fees, costs, or restitution unless
11the person fails to successfully complete that person's
12court-ordered mental health court treatment program.
13    (e) All charges against a person for a violation of this
14Section shall be dismissed upon the court's determination that
15the person has successfully completed the person's
16court-ordered mental health court treatment program.
17Unwillingness or failure to successfully complete a
18court-ordered mental health court treatment program shall
19result in a conviction and be subject to the penalties under
20subsection (b).
21    (f) A person is not guilty of a violation of this Section
22for engaging in the conduct prohibited by this Section, if any
23of the following are true:
24        (1) the person is under 18 years of age or not confined
25    to a penal institution;
26        (2) the person suffered from a behavioral health issue

 

 

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1    at the time of the prohibited conduct and that behavioral
2    health issue was the direct cause for the person having
3    engaged in the prohibited conduct; or
4        (3) the person was not in the actual presence or view
5    of another person.
6    (g) This Section is repealed on January 1, 2030.
 
7    (720 ILCS 5/11-9.2-2 new)
8    Sec. 11-9.2-2. Lewd sexual display in a penal institution
9annual report; sunset date.
10    (a) The Illinois Criminal Justice Information Authority
11shall compile data provided to it pursuant to this Section and
12provide an annual report to the Governor and the General
13Assembly on or before January 1 of each year. The Illinois
14Criminal Justice Information Authority may include findings or
15recommendations in its published annual report.
16    (b) The following data shall be provided to the Illinois
17Criminal Justice Information Authority on or before October 1
18of each year:
19        (1) each penal institution shall provide the number of
20    persons referred to a county State's Attorney for
21    prosecution of a violation of Section 11-9.2-1, the
22    demographic data of the referred persons, including, but
23    not limited to, age and sex, and any underlying charge or
24    charges upon which the referred person is being held in
25    the custody of the penal institution; and

 

 

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1        (2) each county State's Attorney shall provide the
2    number of persons charged by that State's Attorney for a
3    violation of Section 11-9.2-1, the demographic data of the
4    charged persons, including, but not limited to, age and
5    sex, and the case disposition, or lack thereof, of each
6    charged person.
7    (c) This Section is repealed on January 1, 2030.
 
8    Section 10. The Sex Offender Registration Act is amended
9by changing Section 2 as follows:
 
10    (730 ILCS 150/2)  (from Ch. 38, par. 222)
11    Sec. 2. Definitions.
12    (A) As used in this Article, "sex offender" means any
13person who is:
14        (1) charged pursuant to Illinois law, or any
15    substantially similar federal, Uniform Code of Military
16    Justice, sister state, or foreign country law, with a sex
17    offense set forth in subsection (B) of this Section or the
18    attempt to commit an included sex offense, and:
19            (a) is convicted of such offense or an attempt to
20        commit such offense; or
21            (b) is found not guilty by reason of insanity of
22        such offense or an attempt to commit such offense; or
23            (c) is found not guilty by reason of insanity
24        pursuant to Section 104-25(c) of the Code of Criminal

 

 

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1        Procedure of 1963 of such offense or an attempt to
2        commit such offense; or
3            (d) is the subject of a finding not resulting in an
4        acquittal at a hearing conducted pursuant to Section
5        104-25(a) of the Code of Criminal Procedure of 1963
6        for the alleged commission or attempted commission of
7        such offense; or
8            (e) is found not guilty by reason of insanity
9        following a hearing conducted pursuant to a federal,
10        Uniform Code of Military Justice, sister state, or
11        foreign country law substantially similar to Section
12        104-25(c) of the Code of Criminal Procedure of 1963 of
13        such offense or of the attempted commission of such
14        offense; or
15            (f) is the subject of a finding not resulting in an
16        acquittal at a hearing conducted pursuant to a
17        federal, Uniform Code of Military Justice, sister
18        state, or foreign country law substantially similar to
19        Section 104-25(a) of the Code of Criminal Procedure of
20        1963 for the alleged violation or attempted commission
21        of such offense; or
22        (2) declared as a sexually dangerous person pursuant
23    to the Illinois Sexually Dangerous Persons Act, or any
24    substantially similar federal, Uniform Code of Military
25    Justice, sister state, or foreign country law; or
26        (3) subject to the provisions of Section 2 of the

 

 

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1    Interstate Agreements on Sexually Dangerous Persons Act;
2    or
3        (4) found to be a sexually violent person pursuant to
4    the Sexually Violent Persons Commitment Act or any
5    substantially similar federal, Uniform Code of Military
6    Justice, sister state, or foreign country law; or
7        (5) adjudicated a juvenile delinquent as the result of
8    committing or attempting to commit an act which, if
9    committed by an adult, would constitute any of the
10    offenses specified in item (B), (C), or (C-5) of this
11    Section or a violation of any substantially similar
12    federal, Uniform Code of Military Justice, sister state,
13    or foreign country law, or found guilty under Article V of
14    the Juvenile Court Act of 1987 of committing or attempting
15    to commit an act which, if committed by an adult, would
16    constitute any of the offenses specified in item (B), (C),
17    or (C-5) of this Section or a violation of any
18    substantially similar federal, Uniform Code of Military
19    Justice, sister state, or foreign country law.
20    Convictions that result from or are connected with the
21same act, or result from offenses committed at the same time,
22shall be counted for the purpose of this Article as one
23conviction. Any conviction set aside pursuant to law is not a
24conviction for purposes of this Article.
25     For purposes of this Section, "convicted" shall have the
26same meaning as "adjudicated".

 

 

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1    (B) As used in this Article, "sex offense" means:
2        (1) A violation of any of the following Sections of
3    the Criminal Code of 1961 or the Criminal Code of 2012:
4            11-20.1 (child pornography),
5            11-20.1B or 11-20.3 (aggravated child
6        pornography),
7            11-6 (indecent solicitation of a child),
8            11-9.1 (sexual exploitation of a child),
9            11-9.2 (custodial sexual misconduct),
10            11-9.5 (sexual misconduct with a person with a
11        disability),
12            11-14.4 (promoting juvenile prostitution),
13            11-15.1 (soliciting for a juvenile prostitute),
14            11-18.1 (patronizing a juvenile prostitute),
15            11-17.1 (keeping a place of juvenile
16        prostitution),
17            11-19.1 (juvenile pimping),
18            11-19.2 (exploitation of a child),
19            11-25 (grooming),
20            11-26 (traveling to meet a minor or traveling to
21        meet a child),
22            11-1.20 or 12-13 (criminal sexual assault),
23            11-1.30 or 12-14 (aggravated criminal sexual
24        assault),
25            11-1.40 or 12-14.1 (predatory criminal sexual
26        assault of a child),

 

 

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1            11-1.50 or 12-15 (criminal sexual abuse),
2            11-1.60 or 12-16 (aggravated criminal sexual
3        abuse),
4            12-33 (ritualized abuse of a child).
5            An attempt to commit any of these offenses.
6        (1.5) A violation of any of the following Sections of
7    the Criminal Code of 1961 or the Criminal Code of 2012,
8    when the victim is a person under 18 years of age, the
9    defendant is not a parent of the victim, the offense was
10    sexually motivated as defined in Section 10 of the Sex
11    Offender Evaluation and Treatment Act, and the offense was
12    committed on or after January 1, 1996:
13            10-1 (kidnapping),
14            10-2 (aggravated kidnapping),
15            10-3 (unlawful restraint),
16            10-3.1 (aggravated unlawful restraint).
17        If the offense was committed before January 1, 1996,
18    it is a sex offense requiring registration only when the
19    person is convicted of any felony after July 1, 2011, and
20    paragraph (2.1) of subsection (c) of Section 3 of this Act
21    applies.
22        (1.6) First degree murder under Section 9-1 of the
23    Criminal Code of 1961 or the Criminal Code of 2012,
24    provided the offense was sexually motivated as defined in
25    Section 10 of the Sex Offender Management Board Act.
26        (1.7) (Blank).

 

 

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1        (1.8) A violation or attempted violation of Section
2    11-11 (sexual relations within families) of the Criminal
3    Code of 1961 or the Criminal Code of 2012, and the offense
4    was committed on or after June 1, 1997. If the offense was
5    committed before June 1, 1997, it is a sex offense
6    requiring registration only when the person is convicted
7    of any felony after July 1, 2011, and paragraph (2.1) of
8    subsection (c) of Section 3 of this Act applies.
9        (1.9) Child abduction under paragraph (10) of
10    subsection (b) of Section 10-5 of the Criminal Code of
11    1961 or the Criminal Code of 2012 committed by luring or
12    attempting to lure a child under the age of 16 into a motor
13    vehicle, building, house trailer, or dwelling place
14    without the consent of the parent or lawful custodian of
15    the child for other than a lawful purpose and the offense
16    was committed on or after January 1, 1998, provided the
17    offense was sexually motivated as defined in Section 10 of
18    the Sex Offender Management Board Act. If the offense was
19    committed before January 1, 1998, it is a sex offense
20    requiring registration only when the person is convicted
21    of any felony after July 1, 2011, and paragraph (2.1) of
22    subsection (c) of Section 3 of this Act applies.
23        (1.10) A violation or attempted violation of any of
24    the following Sections of the Criminal Code of 1961 or the
25    Criminal Code of 2012 when the offense was committed on or
26    after July 1, 1999:

 

 

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1            10-4 (forcible detention, if the victim is under
2        18 years of age), provided the offense was sexually
3        motivated as defined in Section 10 of the Sex Offender
4        Management Board Act,
5            11-6.5 (indecent solicitation of an adult),
6            11-14.3 that involves soliciting for a prostitute,
7        or 11-15 (soliciting for a prostitute, if the victim
8        is under 18 years of age),
9            subdivision (a)(2)(A) or (a)(2)(B) of Section
10        11-14.3, or Section 11-16 (pandering, if the victim is
11        under 18 years of age),
12            11-18 (patronizing a prostitute, if the victim is
13        under 18 years of age),
14            subdivision (a)(2)(C) of Section 11-14.3, or
15        Section 11-19 (pimping, if the victim is under 18
16        years of age).
17        If the offense was committed before July 1, 1999, it
18    is a sex offense requiring registration only when the
19    person is convicted of any felony after July 1, 2011, and
20    paragraph (2.1) of subsection (c) of Section 3 of this Act
21    applies.
22        (1.11) A violation or attempted violation of any of
23    the following Sections of the Criminal Code of 1961 or the
24    Criminal Code of 2012 when the offense was committed on or
25    after August 22, 2002:
26            11-9 or 11-30 (public indecency for a third or

 

 

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1        subsequent conviction).
2        If the third or subsequent conviction was imposed
3    before August 22, 2002, it is a sex offense requiring
4    registration only when the person is convicted of any
5    felony after July 1, 2011, and paragraph (2.1) of
6    subsection (c) of Section 3 of this Act applies.
7        (1.12) A violation or attempted violation of Section
8    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
9    Criminal Code of 1961 or the Criminal Code of 2012
10    (permitting sexual abuse) when the offense was committed
11    on or after August 22, 2002. If the offense was committed
12    before August 22, 2002, it is a sex offense requiring
13    registration only when the person is convicted of any
14    felony after July 1, 2011, and paragraph (2.1) of
15    subsection (c) of Section 3 of this Act applies.
16        (1.13) A third violation of Section 11-9.2-1 (lewd
17    sexual display in a penal institution) of the Criminal
18    Code of 2012, committed on or after the effective date of
19    this amendatory Act of the 103rd General Assembly and
20    before January 1, 2030.
21        (2) A violation of any former law of this State
22    substantially equivalent to any offense listed in
23    subsection (B) of this Section.
24    (C) A conviction for an offense of federal law, Uniform
25Code of Military Justice, or the law of another state or a
26foreign country that is substantially equivalent to any

 

 

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1offense listed in subsections (B), (C), (E), and (E-5) of this
2Section shall constitute a conviction for the purpose of this
3Article. A finding or adjudication as a sexually dangerous
4person or a sexually violent person under any federal law,
5Uniform Code of Military Justice, or the law of another state
6or foreign country that is substantially equivalent to the
7Sexually Dangerous Persons Act or the Sexually Violent Persons
8Commitment Act shall constitute an adjudication for the
9purposes of this Article.
10    (C-5) A person at least 17 years of age at the time of the
11commission of the offense who is convicted of first degree
12murder under Section 9-1 of the Criminal Code of 1961 or the
13Criminal Code of 2012, against a person under 18 years of age,
14shall be required to register for natural life. A conviction
15for an offense of federal, Uniform Code of Military Justice,
16sister state, or foreign country law that is substantially
17equivalent to any offense listed in subsection (C-5) of this
18Section shall constitute a conviction for the purpose of this
19Article. This subsection (C-5) applies to a person who
20committed the offense before June 1, 1996 if: (i) the person is
21incarcerated in an Illinois Department of Corrections facility
22on August 20, 2004 (the effective date of Public Act 93-977),
23or (ii) subparagraph (i) does not apply and the person is
24convicted of any felony after July 1, 2011, and paragraph
25(2.1) of subsection (c) of Section 3 of this Act applies.
26    (C-6) A person who is convicted or adjudicated delinquent

 

 

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1of first degree murder as defined in Section 9-1 of the
2Criminal Code of 1961 or the Criminal Code of 2012, against a
3person 18 years of age or over, shall be required to register
4for his or her natural life. A conviction for an offense of
5federal, Uniform Code of Military Justice, sister state, or
6foreign country law that is substantially equivalent to any
7offense listed in subsection (C-6) of this Section shall
8constitute a conviction for the purpose of this Article. This
9subsection (C-6) does not apply to those individuals released
10from incarceration more than 10 years prior to January 1, 2012
11(the effective date of Public Act 97-154).
12    (D) As used in this Article, "law enforcement agency
13having jurisdiction" means the Chief of Police in each of the
14municipalities in which the sex offender expects to reside,
15work, or attend school (1) upon his or her discharge, parole or
16release or (2) during the service of his or her sentence of
17probation or conditional discharge, or the Sheriff of the
18county, in the event no Police Chief exists or if the offender
19intends to reside, work, or attend school in an unincorporated
20area. "Law enforcement agency having jurisdiction" includes
21the location where out-of-state students attend school and
22where out-of-state employees are employed or are otherwise
23required to register.
24    (D-1) As used in this Article, "supervising officer" means
25the assigned Illinois Department of Corrections parole agent
26or county probation officer.

 

 

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1    (E) As used in this Article, "sexual predator" means any
2person who, after July 1, 1999, is:
3        (1) Convicted for an offense of federal, Uniform Code
4    of Military Justice, sister state, or foreign country law
5    that is substantially equivalent to any offense listed in
6    subsection (E) or (E-5) of this Section shall constitute a
7    conviction for the purpose of this Article. Convicted of a
8    violation or attempted violation of any of the following
9    Sections of the Criminal Code of 1961 or the Criminal Code
10    of 2012:
11            10-5.1 (luring of a minor),
12            11-14.4 that involves keeping a place of juvenile
13        prostitution, or 11-17.1 (keeping a place of juvenile
14        prostitution),
15            subdivision (a)(2) or (a)(3) of Section 11-14.4,
16        or Section 11-19.1 (juvenile pimping),
17            subdivision (a)(4) of Section 11-14.4, or Section
18        11-19.2 (exploitation of a child),
19            11-20.1 (child pornography),
20            11-20.1B or 11-20.3 (aggravated child
21        pornography),
22            11-1.20 or 12-13 (criminal sexual assault),
23            11-1.30 or 12-14 (aggravated criminal sexual
24        assault),
25            11-1.40 or 12-14.1 (predatory criminal sexual
26        assault of a child),

 

 

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1            11-1.60 or 12-16 (aggravated criminal sexual
2        abuse),
3            12-33 (ritualized abuse of a child);
4        (2) (blank);
5        (3) declared as a sexually dangerous person pursuant
6    to the Sexually Dangerous Persons Act or any substantially
7    similar federal, Uniform Code of Military Justice, sister
8    state, or foreign country law;
9        (4) found to be a sexually violent person pursuant to
10    the Sexually Violent Persons Commitment Act or any
11    substantially similar federal, Uniform Code of Military
12    Justice, sister state, or foreign country law;
13        (5) convicted of a second or subsequent offense which
14    requires registration pursuant to this Act. For purposes
15    of this paragraph (5), "convicted" shall include a
16    conviction under any substantially similar Illinois,
17    federal, Uniform Code of Military Justice, sister state,
18    or foreign country law;
19        (6) (blank); or
20        (7) if the person was convicted of an offense set
21    forth in this subsection (E) on or before July 1, 1999, the
22    person is a sexual predator for whom registration is
23    required only when the person is convicted of a felony
24    offense after July 1, 2011, and paragraph (2.1) of
25    subsection (c) of Section 3 of this Act applies.
26    (E-5) As used in this Article, "sexual predator" also

 

 

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1means a person convicted of a violation or attempted violation
2of any of the following Sections of the Criminal Code of 1961
3or the Criminal Code of 2012:
4        (1) Section 9-1 (first degree murder, when the victim
5    was a person under 18 years of age and the defendant was at
6    least 17 years of age at the time of the commission of the
7    offense, provided the offense was sexually motivated as
8    defined in Section 10 of the Sex Offender Management Board
9    Act);
10        (2) Section 11-9.5 (sexual misconduct with a person
11    with a disability);
12        (3) when the victim is a person under 18 years of age,
13    the defendant is not a parent of the victim, the offense
14    was sexually motivated as defined in Section 10 of the Sex
15    Offender Management Board Act, and the offense was
16    committed on or after January 1, 1996: (A) Section 10-1
17    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
18    (C) Section 10-3 (unlawful restraint), and (D) Section
19    10-3.1 (aggravated unlawful restraint); and
20        (4) Section 10-5(b)(10) (child abduction committed by
21    luring or attempting to lure a child under the age of 16
22    into a motor vehicle, building, house trailer, or dwelling
23    place without the consent of the parent or lawful
24    custodian of the child for other than a lawful purpose and
25    the offense was committed on or after January 1, 1998,
26    provided the offense was sexually motivated as defined in

 

 

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1    Section 10 of the Sex Offender Management Board Act).
2    (E-10) As used in this Article, "sexual predator" also
3means a person required to register in another State due to a
4conviction, adjudication or other action of any court
5triggering an obligation to register as a sex offender, sexual
6predator, or substantially similar status under the laws of
7that State.
8    (F) As used in this Article, "out-of-state student" means
9any sex offender, as defined in this Section, or sexual
10predator who is enrolled in Illinois, on a full-time or
11part-time basis, in any public or private educational
12institution, including, but not limited to, any secondary
13school, trade or professional institution, or institution of
14higher learning.
15    (G) As used in this Article, "out-of-state employee" means
16any sex offender, as defined in this Section, or sexual
17predator who works in Illinois, regardless of whether the
18individual receives payment for services performed, for a
19period of time of 10 or more days or for an aggregate period of
20time of 30 or more days during any calendar year. Persons who
21operate motor vehicles in the State accrue one day of
22employment time for any portion of a day spent in Illinois.
23    (H) As used in this Article, "school" means any public or
24private educational institution, including, but not limited
25to, any elementary or secondary school, trade or professional
26institution, or institution of higher education.

 

 

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1    (I) As used in this Article, "fixed residence" means any
2and all places that a sex offender resides for an aggregate
3period of time of 5 or more days in a calendar year.
4    (J) As used in this Article, "Internet protocol address"
5means the string of numbers by which a location on the Internet
6is identified by routers or other computers connected to the
7Internet.
8(Source: P.A. 100-428, eff. 1-1-18.)