Full Text of HB0121 94th General Assembly
HB0121ham001 94TH GENERAL ASSEMBLY
|
Judiciary II - Criminal Law Committee
Filed: 3/10/2005
|
|
09400HB0121ham001 |
|
LRB094 04173 RLC 43177 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 121
| 2 |
| AMENDMENT NO. ______. Amend House Bill 121 on page 1, by | 3 |
| replacing lines 4 and 5 with the following:
| 4 |
| "Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 3-1-2, 3-3-7, 5-6-3, and 5-6-3.1 and by | 6 |
| adding Section 5-1-3.5 as follows:
| 7 |
| (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| 8 |
| Sec. 3-1-2. Definitions. (a) "Chief Administrative | 9 |
| Officer" means the
person designated by the Director to | 10 |
| exercise the powers and duties of the
Department of Corrections | 11 |
| in regard to committed persons within
a correctional | 12 |
| institution or facility, and includes the
superintendent of any | 13 |
| juvenile institution or facility.
| 14 |
| (a-5) "Sex offense" for the purposes of paragraph (16) of | 15 |
| subsection (a) of Section 3-3-7, paragraph (10) of subsection | 16 |
| (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | 17 |
| Section 5-6-3.1 only means: | 18 |
| (i) A violation of any of the following Sections of the | 19 |
| Criminal Code of
1961: 10-7 (aiding and abetting child | 20 |
| abduction under Section 10-5(b)(10)),
10-5(b)(10) (child | 21 |
| luring), 11-6 (indecent solicitation of a child), 11-6.5
| 22 |
| (indecent solicitation of an adult),
11-15.1 (soliciting | 23 |
| for a juvenile
prostitute), 11-17.1 (keeping a place of | 24 |
| juvenile prostitution), 11-18.1
(patronizing a juvenile |
|
|
|
09400HB0121ham001 |
- 2 - |
LRB094 04173 RLC 43177 a |
|
| 1 |
| prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 2 |
| (exploitation of a child), 11-20.1 (child pornography), | 3 |
| 12-14.1
(predatory criminal sexual assault of a child), or | 4 |
| 12-33 (ritualized abuse of a
child). An attempt to commit | 5 |
| any of
these offenses. | 6 |
| (ii) A violation of any of the following Sections of | 7 |
| the Criminal Code
of 1961: 12-13 (criminal
sexual assault), | 8 |
| 12-14 (aggravated criminal sexual assault), 12-16 | 9 |
| (aggravated criminal sexual abuse), and subsection (a) of | 10 |
| Section 12-15
(criminal sexual abuse). An attempt to commit
| 11 |
| any of these offenses. | 12 |
| (iii) A violation of any of the following Sections of | 13 |
| the Criminal Code
of 1961 when the defendant is
not a | 14 |
| parent of the victim: | 15 |
| 10-1 (kidnapping),
| 16 |
| 10-2 (aggravated kidnapping), | 17 |
| 10-3 (unlawful restraint),
| 18 |
| 10-3.1 (aggravated unlawful restraint). | 19 |
| An attempt to commit any of these offenses. | 20 |
| (iv) A violation of any former law of this State | 21 |
| substantially
equivalent to any offense listed in this | 22 |
| subsection (a-5). | 23 |
| An offense violating federal law or the law of another | 24 |
| state
that is substantially equivalent to any offense listed in | 25 |
| this
subsection (a-5) shall constitute a sex offense for the | 26 |
| purpose of
this subsection (a-5). A finding or adjudication as | 27 |
| a sexually dangerous person under
any federal law or law of | 28 |
| another state that is substantially equivalent to the
Sexually | 29 |
| Dangerous Persons Act shall constitute an adjudication for a | 30 |
| sex offense for the
purposes of this subsection (a-5).
| 31 |
| (b) "Commitment" means a judicially determined placement
| 32 |
| in the custody of the Department of Corrections on the basis of
| 33 |
| delinquency or conviction.
| 34 |
| (c) "Committed Person" is a person committed to the |
|
|
|
09400HB0121ham001 |
- 3 - |
LRB094 04173 RLC 43177 a |
|
| 1 |
| Department,
however a committed person shall not be considered | 2 |
| to be an employee of
the Department of Corrections for any | 3 |
| purpose, including eligibility for
a pension, benefits, or any | 4 |
| other compensation or rights or privileges which
may be | 5 |
| provided to employees of the Department.
| 6 |
| (d) "Correctional Institution or Facility" means any | 7 |
| building or
part of a building where committed persons are kept | 8 |
| in a secured manner.
| 9 |
| (e) "Department" means the Department of Corrections of | 10 |
| this State.
| 11 |
| (f) "Director" means the Director of the Department of | 12 |
| Corrections.
| 13 |
| (g) "Discharge" means the final termination of a commitment
| 14 |
| to the Department of Corrections.
| 15 |
| (h) "Discipline" means the rules and regulations for the
| 16 |
| maintenance of order and the protection of persons and property
| 17 |
| within the institutions and facilities of the Department and
| 18 |
| their enforcement.
| 19 |
| (i) "Escape" means the intentional and unauthorized | 20 |
| absence
of a committed person from the custody of the | 21 |
| Department.
| 22 |
| (j) "Furlough" means an authorized leave of absence from | 23 |
| the
Department of Corrections for a designated purpose and | 24 |
| period of time.
| 25 |
| (k) "Parole" means the conditional and revocable release
of | 26 |
| a committed person under the supervision of a parole officer.
| 27 |
| (l) "Prisoner Review Board" means the Board established in
| 28 |
| Section 3-3-1(a), independent of the Department, to review
| 29 |
| rules and regulations with respect to good time credits, to
| 30 |
| hear charges brought by the Department against certain | 31 |
| prisoners
alleged to have violated Department rules with | 32 |
| respect to good
time credits, to set release dates for certain | 33 |
| prisoners
sentenced under the law in effect prior to the | 34 |
| effective
date of this Amendatory Act of 1977, to hear requests |
|
|
|
09400HB0121ham001 |
- 4 - |
LRB094 04173 RLC 43177 a |
|
| 1 |
| and
make recommendations to the Governor with respect to | 2 |
| pardon,
reprieve or commutation, to set conditions for parole | 3 |
| and
mandatory supervised release and determine whether | 4 |
| violations
of those conditions justify revocation of parole or | 5 |
| release,
and to assume all other functions previously exercised | 6 |
| by the
Illinois Parole and Pardon Board.
| 7 |
| (m) Whenever medical treatment, service, counseling, or
| 8 |
| care is referred to in this Unified Code of Corrections,
such | 9 |
| term may be construed by the Department or Court, within
its | 10 |
| discretion, to include treatment, service or counseling by
a | 11 |
| Christian Science practitioner or nursing care appropriate
| 12 |
| therewith whenever request therefor is made by a person subject
| 13 |
| to the provisions of this Act.
| 14 |
| (n) "Victim" shall have the meaning ascribed to it in | 15 |
| subsection (a) of
Section 3 of the Bill of Rights for Victims | 16 |
| and Witnesses of Violent Crime Act.
| 17 |
| (Source: P.A. 83-1433; 83-1499.)"; and
| 18 |
| on page 3, line 6, by replacing " Section 10 of the Sex Offender | 19 |
| Management Board Act, " with " subsection (a-5) of Section 3-1-2 | 20 |
| of this Code, unless the offender is a parent or guardian of | 21 |
| the person under 18 years of age present in the home and no | 22 |
| non-familial minors are present, "; and | 23 |
| on page 6, by inserting below line 10 the following: | 24 |
| "(730 ILCS 5/5-1-3.5 new) | 25 |
| Sec. 5-1-3.5. Sex offense. "Sex offense" for the purposes | 26 |
| of paragraph (16) of subsection (a) of Section 3-3-7, paragraph | 27 |
| (10) of subsection (a) of Section 5-6-3, and paragraph (18) of | 28 |
| subsection (c) of Section 5-6-3.1 only has the meaning ascribed | 29 |
| to it in subsection (a-5) of Section 3-1-2 of this Code. "; and | 30 |
| on page 8, line 29, by replacing " Section 10 of the Sex |
|
|
|
09400HB0121ham001 |
- 5 - |
LRB094 04173 RLC 43177 a |
|
| 1 |
| Offender Management Board Act, " with " subsection (a-5) of | 2 |
| Section 3-1-2 of this Code, unless the offender is a parent or | 3 |
| guardian of the person under 18 years of age present in the | 4 |
| home and no non-familial minors are present, "; and | 5 |
| on page 19, lines 7 and 8, by replacing " Section 10 of the Sex | 6 |
| Offender Management Board Act, " with " subsection (a-5) of | 7 |
| Section 3-1-2 of this Code, unless the offender is a parent or | 8 |
| guardian of the person under 18 years of age present in the | 9 |
| home and no non-familial minors are present, ".
|
|