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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB3018
Introduced 1/20/2006, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Creates the offense of sexual misconduct with a person with a disability. Provides that a person commits the offense when: (1) he or she is an employee and knowingly engages in sexual conduct or sexual penetration with a person with a disability who is under the care and custody of the Department of Human Services at a State-operated facility; or (2) he or she is an employee of a community agency funded by the Department of Human Services and knowingly engages in sexual conduct or sexual penetration with a person with a disability who is receiving services from the community agency. Provides that sexual misconduct with a person with a disability is a Class 3 felony. Provides that any person convicted of the offense shall immediately forfeit his or her employment with the State or the community agency. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB3018 |
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LRB094 15525 RLC 50724 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by adding |
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| Section 11-9.5 as follows: |
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| (720 ILCS 5/11-9.5 new) |
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| Sec. 11-9.5. Sexual misconduct with a person with a |
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| disability. |
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| (a) Definitions. As used in this Section: |
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| (1) "Person with a disability" means: |
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| (i) a person who suffers from a permanent physical |
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| or mental impairment resulting from disease, injury, |
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| functional disorder, or congenital condition that |
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| impairs the individual's mental or physical ability to |
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| independently manage his or her property or financial |
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| resources, or both; or |
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| (ii) a person diagnosed with a developmental |
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| disability as defined in Section 1-106 of the Mental |
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| Health and Developmental Disabilities Code; or |
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| (iii) a person diagnosed with a mental illness as |
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| defined in Section 1-129 of the Mental Health and |
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| Developmental Disabilities Code. |
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| (2) "State-operated facility" means: |
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| (i) a developmental disability facility as defined |
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| in the Mental Health and Developmental Disabilities |
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| Code;
or |
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| (ii) a mental health facility as defined in the |
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| Mental Health and Developmental Disabilities Code. |
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| (3) "Community agency" or "agency" means any community |
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| entity or program providing mental health or developmental |
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| disabilities services that is licensed, certified, or |
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| funded by the Department of Human Services and not licensed |