Illinois General Assembly - Full Text of SB3500
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Full Text of SB3500  100th General Assembly

SB3500eng 100TH GENERAL ASSEMBLY



 


 
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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 changing
5Section 11-9.2 as follows:
 
6    (720 ILCS 5/11-9.2)
7    Sec. 11-9.2. Custodial sexual misconduct.
8    (a) A person commits custodial sexual misconduct when: (1)
9he or she is an employee of a penal system and engages in
10sexual conduct or sexual penetration with a person who is in
11the custody of that penal system or (2) he or she is an
12employee of a treatment and detention facility and engages in
13sexual conduct or sexual penetration with a person who is in
14the custody of that treatment and detention facility; or (3) he
15or she is a law enforcement officer and engages in sexual
16conduct or sexual penetration with a person who is detained or
17in custody of law enforcement.
18    (b) A probation or supervising officer, surveillance
19agent, or aftercare specialist commits custodial sexual
20misconduct when the probation or supervising officer,
21surveillance agent, or aftercare specialist engages in sexual
22conduct or sexual penetration with a probationer, parolee, or
23releasee or person serving a term of conditional release who is

 

 

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1under the supervisory, disciplinary, or custodial authority of
2the officer or agent or employee so engaging in the sexual
3conduct or sexual penetration.
4    (c) Custodial sexual misconduct is a Class 3 felony.
5    (d) Any person convicted of violating this Section
6immediately shall forfeit his or her employment with a penal
7system, treatment and detention facility, or conditional
8release program, or law enforcement agency.
9    (e) For purposes of this Section, the consent of the
10probationer, parolee, releasee, or inmate in custody of the
11penal system or person detained or civilly committed under the
12Sexually Violent Persons Commitment Act, or a person who is
13detained or in custody of law enforcement shall not be a
14defense to a prosecution under this Section. A person is deemed
15incapable of consent, for purposes of this Section, when he or
16she is a probationer, parolee, releasee, or inmate in custody
17of a penal system or person detained or civilly committed under
18the Sexually Violent Persons Commitment Act, or a person who is
19detained or in custody of law enforcement.
20    (f) This Section does not apply to:
21        (1) Any employee, probation or supervising officer,
22    surveillance agent, or aftercare specialist who is
23    lawfully married to a person in custody if the marriage
24    occurred before the date of custody.
25        (2) Any employee, probation or supervising officer,
26    surveillance agent, or aftercare specialist who has no

 

 

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1    knowledge, and would have no reason to believe, that the
2    person with whom he or she engaged in custodial sexual
3    misconduct was a person in custody.
4    (g) In this Section:
5        (0.5) "Aftercare specialist" means any person employed
6    by the Department of Juvenile Justice to supervise and
7    facilitate services for persons placed on aftercare
8    release.
9        (1) "Custody" means:
10            (i) pretrial incarceration or detention;
11            (ii) incarceration or detention under a sentence
12        or commitment to a State or local penal institution;
13            (iii) parole, aftercare release, or mandatory
14        supervised release;
15            (iv) electronic monitoring or home detention;
16            (v) probation;
17            (vi) detention or civil commitment either in
18        secure care or in the community under the Sexually
19        Violent Persons Commitment Act; or .
20            (vii) a person who is detained or in custody of law
21        enforcement.
22        (2) "Penal system" means any system which includes
23    institutions as defined in Section 2-14 of this Code or a
24    county shelter care or detention home established under
25    Section 1 of the County Shelter Care and Detention Home
26    Act.

 

 

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1        (2.1) "Treatment and detention facility" means any
2    Department of Human Services facility established for the
3    detention or civil commitment of persons under the Sexually
4    Violent Persons Commitment Act.
5        (2.2) "Conditional release" means a program of
6    treatment and services, vocational services, and alcohol
7    or other drug abuse treatment provided to any person
8    civilly committed and conditionally released to the
9    community under the Sexually Violent Persons Commitment
10    Act;
11        (2.3) "Detained or in custody of law enforcement" means
12    detained or in custody of a law enforcement officer or the
13    law enforcement agency that employs the officer.
14        (3) "Employee" means:
15            (i) an employee of any governmental agency of this
16        State or any county or municipal corporation that has
17        by statute, ordinance, or court order the
18        responsibility for the care, control, or supervision
19        of pretrial or sentenced persons in a penal system or
20        persons detained or civilly committed under the
21        Sexually Violent Persons Commitment Act;
22            (ii) a contractual employee of a penal system as
23        defined in paragraph (g)(2) of this Section who works
24        in a penal institution as defined in Section 2-14 of
25        this Code;
26            (iii) a contractual employee of a "treatment and

 

 

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1        detention facility" as defined in paragraph (g)(2.1)
2        of this Code or a contractual employee of the
3        Department of Human Services who provides supervision
4        of persons serving a term of conditional release as
5        defined in paragraph (g)(2.2) of this Code.
6        (4) "Sexual conduct" or "sexual penetration" means any
7    act of sexual conduct or sexual penetration as defined in
8    Section 11-0.1 of this Code.
9        (5) "Probation officer" means any person employed in a
10    probation or court services department as defined in
11    Section 9b of the Probation and Probation Officers Act.
12        (6) "Supervising officer" means any person employed to
13    supervise persons placed on parole or mandatory supervised
14    release with the duties described in Section 3-14-2 of the
15    Unified Code of Corrections.
16        (7) "Surveillance agent" means any person employed or
17    contracted to supervise persons placed on conditional
18    release in the community under the Sexually Violent Persons
19    Commitment Act.
20(Source: P.A. 100-431, eff. 8-25-17.)