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| | HB1399 Engrossed | | LRB103 24972 RLC 51306 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by adding |
| 5 | | Sections 11-9.2-1 and 11-9.2-2 as follows:
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| 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 |
| 9 | | institution when he or she is in the custody of a penal |
| 10 | | institution and knowingly engages in any of the following acts |
| 11 | | while he or she is confined in a penal institution: engages in |
| 12 | | a lewd exposure of the genitals or anus, for the purpose or |
| 13 | | effect of intimidating, harassing, or threatening one whom he |
| 14 | | or she believes to be in the presence or view of such acts. For |
| 15 | | purposes of this Section, "penal institution" does not include |
| 16 | | a facility of the Department of Juvenile Justice or a juvenile |
| 17 | | detention facility. |
| 18 | | (b) Sentence. Lewd sexual display in a penal institution |
| 19 | | is a Class A misdemeanor. A person convicted of a second or |
| 20 | | subsequent violation for lewd sexual display in a penal |
| 21 | | institution is guilty of a Class 4 felony. |
| 22 | | (c) A person charged with a violation of this Section |
| 23 | | shall be eligible for an evaluation for a mental health court |
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| 1 | | program under the Mental Health Court Treatment Act, the |
| 2 | | provisions of Section 20 of that Act notwithstanding, and |
| 3 | | shall be given an eligibility screening and an assessment, |
| 4 | | pursuant to the provisions of Section 25 of the Mental Health |
| 5 | | Court Treatment Act, administered by a qualified mental health |
| 6 | | court professional independent of the penal institution where |
| 7 | | the individual is in custody. |
| 8 | | (d) Notwithstanding the provisions of subsection (e) of |
| 9 | | Section 25 of the Mental Health Court Treatment Act, a person |
| 10 | | who has been charged with a violation of this Section shall not |
| 11 | | be liable for any fines, fees, costs, or restitution unless |
| 12 | | the person fails to successfully complete that person's |
| 13 | | court-ordered mental health court treatment program. |
| 14 | | (e) All charges against a person for a violation of this |
| 15 | | Section shall be dismissed upon the court's determination that |
| 16 | | the person has successfully completed the person's |
| 17 | | court-ordered mental health court treatment program. |
| 18 | | Unwillingness to participate in a court-ordered mental health |
| 19 | | court treatment program may result in prosecution under this |
| 20 | | Section. Failure to complete a mental health treatment court |
| 21 | | program shall have the consequences prescribed by the rules |
| 22 | | and regulations of that treatment court program. |
| 23 | | (f) A person is not guilty of a violation of this Section |
| 24 | | for engaging in the conduct prohibited by this Section, if any |
| 25 | | of the following are true: |
| 26 | | (1) the person is under 18 years of age or not confined |
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| | HB1399 Engrossed | - 3 - | LRB103 24972 RLC 51306 b |
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| 1 | | to a penal institution; |
| 2 | | (2) the person suffered from a behavioral health issue |
| 3 | | at the time of the prohibited conduct and that behavioral |
| 4 | | health issue was the direct cause for the person having |
| 5 | | engaged in the prohibited conduct; or |
| 6 | | (3) the person was not in the actual presence or view |
| 7 | | of another person. |
| 8 | | (g) This Section is repealed on January 1, 2028.
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| 9 | | (720 ILCS 5/11-9.2-2 new) |
| 10 | | Sec. 11-9.2-2. Lewd sexual display in a penal institution |
| 11 | | annual report; sunset date. |
| 12 | | (a) The Illinois Criminal Justice Information Authority |
| 13 | | shall compile data provided to it pursuant to this Section and |
| 14 | | provide an annual report to the Governor and the General |
| 15 | | Assembly on or before January 1 of each year. The Illinois |
| 16 | | Criminal Justice Information Authority may include findings or |
| 17 | | recommendations in its published annual report. |
| 18 | | (b) The following data shall be provided to the Illinois |
| 19 | | Criminal Justice Information Authority on or before October 1 |
| 20 | | of each year: |
| 21 | | (1) each penal institution shall provide the number of |
| 22 | | persons referred to a county State's Attorney for |
| 23 | | prosecution of a violation of Section 11-9.2-1, the |
| 24 | | demographic data of the referred persons, including, but |
| 25 | | not limited to, age, race, ethnicity, and sex, and any |
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| 1 | | underlying charge or charges upon which the referred |
| 2 | | person is being held in the custody of the penal |
| 3 | | institution; and |
| 4 | | (2) each county State's Attorney shall provide the |
| 5 | | number of persons charged by that State's Attorney for a |
| 6 | | violation of Section 11-9.2-1, the demographic data of the |
| 7 | | charged persons, including, but not limited to, age, race, |
| 8 | | ethnicity, and sex, and the case disposition, or lack |
| 9 | | thereof, of each charged person. |
| 10 | | (c) This Section is repealed on January 1, 2028.
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