Illinois General Assembly - Bill Status for HB5490
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 Bill Status of HB5490  102nd General Assembly


Short Description:  CRIM CD&CRIM PRO-SEX OFFENSE

House Sponsors
Rep. Lindsey LaPointe - Kelly M. Cassidy - Tony McCombie - Joyce Mason - Lakesia Collins, Chris Bos, Anne Stava-Murray, Denyse Wang Stoneback, Justin Slaughter, Amy Elik and Dan Caulkins

Senate Sponsors
(Sen. Melinda Bush - Jil Tracy, Laura M. Murphy, Steve McClure, Neil Anderson and Jacqueline Y. Collins)

Last Action
DateChamber Action
  3/7/2022SenateReferred to Assignments

Statutes Amended In Order of Appearance
720 ILCS 5/3-5from Ch. 38, par. 3-5
720 ILCS 5/3-6from Ch. 38, par. 3-6
720 ILCS 5/11-0.1
720 ILCS 5/11-9.3
720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1
720 ILCS 5/11-20.2from Ch. 38, par. 11-20.2
720 ILCS 5/11-23
720 ILCS 5/11-25
720 ILCS 5/14-3
720 ILCS 5/26-4from Ch. 38, par. 26-4
720 ILCS 5/36-1from Ch. 38, par. 36-1
725 ILCS 5/106B-10
725 ILCS 5/115-7from Ch. 38, par. 115-7
725 ILCS 5/115-7.3
725 ILCS 5/115-7.4


Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that when the victim is under 18 years of age at the time of the offense or a person with a disability, a prosecution for grooming may be commenced within 10 years after the discovery of such an offense by a person or agency having the legal duty to report the offense or in the absence of such discovery, within 10 years after the proper prosecuting officer becomes aware of the offense. In the definition provisions of the Sex Offenses Article of the Code, includes "sibling" in the definition of "family member" and includes in the definition of "unconscious of the nature of the act", incapable of resisting because the victim was asleep, unconscious, or surprised such that the victim could not give voluntary, intelligent, and knowing agreement to the sexual act. In the definition of "family member" deletes provision that if the victim is a child under 18 years of age, an accused must have resided in the household with the child continuously for at least 6 months. Provides that a person also commits grooming when he or she knowingly engages in a pattern of conduct that entices, persuades, induces, or coerces a child to engage or participate in criminal sexual activity or is for the purpose of sexual gratification or arousal of the victim, the accused, or another. Increases the penalty for grooming from a Class 4 to a Class 3 felony. Changes references in the Code from "child pornography" to "child sexual abuse images". Defines "pattern" and "sexual activity". Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability), involving the use of a facility dog in any criminal proceeding (rather than in a prosecution of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, or any violent crime). Makes changes concerning the admissibility of evidence in prosecutions for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons.

House Floor Amendment No. 1
Adds reference to:
20 ILCS 4026/10
110 ILCS 57/5
225 ILCS 10/3.3
325 ILCS 5/4.5
325 ILCS 5/11.1from Ch. 23, par. 2061.1
325 ILCS 15/3from Ch. 23, par. 2083
325 ILCS 40/2from Ch. 23, par. 2252
325 ILCS 47/10
705 ILCS 135/15-70
705 ILCS 405/3-40
725 ILCS 5/124B-10
725 ILCS 5/124B-100
725 ILCS 5/124B-420
725 ILCS 5/124B-500
725 ILCS 215/2from Ch. 38, par. 1702
725 ILCS 215/3from Ch. 38, par. 1703
730 ILCS 5/3-1-2from Ch. 38, par. 1003-1-2
730 ILCS 5/3-12.5-10
730 ILCS 5/5-5-3
730 ILCS 5/5-5-3.2
730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1
730 ILCS 5/5-8-4from Ch. 38, par. 1005-8-4
730 ILCS 5/5-9-1.7from Ch. 38, par. 1005-9-1.7
730 ILCS 5/5-9-1.8
730 ILCS 150/2from Ch. 38, par. 222
740 ILCS 128/10

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, except: (1) changes the statute of limitations for grooming to provide that when the victim is under 17 years of age at the time of the offense or is a person with a disability, a prosecution for grooming may be commenced within 10 years after the victim or the person with a disability attains 17 years of age; (2) changes the name of the offenses of child sexual abuse material and aggravated child sexual abuse material to child sexual abuse material and aggravated child sexual abuse material; (3) retains the Class 4 felony penalty for grooming; (4) deletes references to criminal transmission of HIV in various statutes; (5) in the definitions provisions of the Sex Offenses Article of the Criminal Code of 2012, provides that "family member" also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 3 (rather than 6) months; (6) provides that a person also commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older; provides that a violation is a Class 4 felony for a first offense; and a Class 3 felony for a second or subsequent offense, or if the person has been previously convicted of a sex offense; and (7) amends various Acts to change references to "child pornography" to "child sexual abuse material".

Actions 
DateChamber Action
  1/28/2022HouseFiled with the Clerk by Rep. Lindsey LaPointe
  1/31/2022HouseFirst Reading
  1/31/2022HouseReferred to Rules Committee
  2/1/2022HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  2/9/2022HouseAssigned to Judiciary - Criminal Committee
  2/15/2022HouseDo Pass / Short Debate Judiciary - Criminal Committee; 019-000-000
  2/16/2022HousePlaced on Calendar 2nd Reading - Short Debate
  2/16/2022HouseAdded Co-Sponsor Rep. Chris Bos
  2/16/2022HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  3/1/2022HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Lindsey LaPointe
  3/1/2022HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/2/2022HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/2/2022HouseSecond Reading - Short Debate
  3/2/2022HouseHeld on Calendar Order of Second Reading - Short Debate
  3/3/2022HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 019-000-000
  3/3/2022HouseAdded Chief Co-Sponsor Rep. Tony McCombie
  3/4/2022HouseHouse Floor Amendment No. 1 Adopted
  3/4/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/4/2022HouseThird Reading - Short Debate - Passed 104-000-000
  3/4/2022HouseAdded Co-Sponsor Rep. Lakesia Collins
  3/4/2022HouseAdded Co-Sponsor Rep. Denyse Wang Stoneback
  3/4/2022HouseAdded Co-Sponsor Rep. Justin Slaughter
  3/4/2022HouseAdded Chief Co-Sponsor Rep. Joyce Mason
  3/4/2022HouseAdded Chief Co-Sponsor Rep. Lakesia Collins
  3/4/2022HouseRemoved Co-Sponsor Rep. Lakesia Collins
  3/4/2022HouseAdded Co-Sponsor Rep. Amy Elik
  3/4/2022HouseAdded Co-Sponsor Rep. Dan Caulkins
  3/7/2022SenateArrive in Senate
  3/7/2022SenatePlaced on Calendar Order of First Reading
  3/7/2022SenateChief Senate Sponsor Sen. Melinda Bush
  3/7/2022SenateFirst Reading
  3/7/2022SenateReferred to Assignments
  3/23/2022SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  3/23/2022SenateAdded as Alternate Chief Co-Sponsor Sen. Jil Tracy
  3/30/2022SenateAdded as Alternate Co-Sponsor Sen. Steve McClure
  3/31/2022SenateAdded as Alternate Co-Sponsor Sen. Neil Anderson
  4/18/2022SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins

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