SB3579 101ST GENERAL ASSEMBLY

LRB101 20000 RLC 69527 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3579

Introduced 2/14/2020, by Sen. Melinda Bush

SYNOPSIS AS INTRODUCED:

720 ILCS 5/11-1.70

was 720 ILCS 5/12-17

Amends the Criminal Code of 2012. Provides that consent is not a viable defense if the victim is a client or patient and the accused is a health care provider or mental health care provider charged with criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse and the act of sexual conduct or sexual penetration occurs during a treatment session, consultation, interview, or examination.

A BILL FOR

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 changing Section 11-1.70 as follows:

(720 ILCS 5/11-1.70) (was 720 ILCS 5/12-17)

Sec. 11-1.70. Defenses with respect to offenses described in Sections 11-1.20 through 11-1.60.

(a) It shall be a defense to any offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code where force or threat of force is an element of the offense that the victim consented. "Consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.

(b) It shall be a defense under subsection (b) and subsection (c) of Section 11-1.50 and subsection (d) of Section 11-1.60 of this Code that the accused reasonably believed the person to be 17 years of age or over.

(c) A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.

(d) Consent is not a viable defense if the victim is a client or patient and the accused is a health care provider or mental health care provider charged with an offense described in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 and the act of sexual conduct or sexual penetration occurs during a treatment session, consultation, interview, or examination.

(Source: P.A. 96-1551, eff. 7-1-11.)