Full Text of HB0804 98th General Assembly
HB0804sam001 98TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 5/2/2013
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| 1 | | AMENDMENT TO HOUSE BILL 804
| 2 | | AMENDMENT NO. ______. Amend House Bill 804 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 11-0.1 and by adding Section 11-9.1B as | 6 | | follows: | 7 | | (720 ILCS 5/11-0.1) | 8 | | Sec. 11-0.1. Definitions. In this Article, unless the | 9 | | context clearly requires otherwise, the following terms are | 10 | | defined as indicated: | 11 | | "Accused" means a person accused of an offense prohibited | 12 | | by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of | 13 | | this Code or a person for whose conduct the accused is legally | 14 | | responsible under Article 5 of this Code. | 15 | | "Adult obscenity or child pornography Internet site". See | 16 | | Section 11-23. |
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| 1 | | "Advance prostitution" means: | 2 | | (1) Soliciting for a prostitute by performing any of | 3 | | the following acts when acting other than as a prostitute | 4 | | or a patron of a prostitute: | 5 | | (A) Soliciting another for the purpose of | 6 | | prostitution. | 7 | | (B) Arranging or offering to arrange a meeting of | 8 | | persons for the purpose of prostitution. | 9 | | (C) Directing another to a place knowing the | 10 | | direction is for the purpose of prostitution. | 11 | | (2) Keeping a place of prostitution by controlling or | 12 | | exercising control over the use of any place that could | 13 | | offer seclusion or shelter for the practice of prostitution | 14 | | and performing any of the following acts when acting other | 15 | | than as a prostitute or a patron of a prostitute: | 16 | | (A) Knowingly granting or permitting the use of the | 17 | | place for the purpose of prostitution. | 18 | | (B) Granting or permitting the use of the place | 19 | | under circumstances from which he or she could | 20 | | reasonably know that the place is used or is to be used | 21 | | for purposes of prostitution. | 22 | | (C) Permitting the continued use of the place after | 23 | | becoming aware of facts or circumstances from which he | 24 | | or she should reasonably know that the place is being | 25 | | used for purposes of prostitution. | 26 | | "Agency". See Section 11-9.5. |
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| 1 | | "Arranges". See Section 11-6.5. | 2 | | "Bodily harm" means physical harm, and includes, but is not | 3 | | limited to, sexually transmitted disease, pregnancy, and | 4 | | impotence. | 5 | | "Care and custody". See Section 11-9.5. | 6 | | "Child care institution". See Section 11-9.3. | 7 | | "Child pornography". See Section 11-20.1. | 8 | | "Child sex offender". See Section 11-9.3. | 9 | | "Community agency". See Section 11-9.5. | 10 | | "Conditional release". See Section 11-9.2. | 11 | | "Consent". See Section 11-1.70. | 12 | | "Custody". See Section 11-9.2. | 13 | | "Day care center". See Section 11-9.3. | 14 | | "Depict by computer". See Section 11-20.1. | 15 | | "Depiction by computer". See Section 11-20.1. | 16 | | "Disseminate". See Section 11-20.1. | 17 | | "Distribute". See Section 11-21. | 18 | | "Family member" means a parent, grandparent, child, aunt, | 19 | | uncle, great-aunt, or great-uncle, whether by whole blood, | 20 | | half-blood, or adoption, and includes a step-grandparent, | 21 | | step-parent, or step-child. "Family member" also means, if the | 22 | | victim is a child under 18 years of age, an accused who has | 23 | | resided in the household with the child continuously for at | 24 | | least 6 months. | 25 | | "Force or threat of force" means the use of force or | 26 | | violence or the threat of force or violence, including, but not |
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| 1 | | limited to, the following situations: | 2 | | (1) when the accused threatens to use force or violence | 3 | | on the victim or on any other person, and the victim under | 4 | | the circumstances reasonably believes that the accused has | 5 | | the ability to execute that threat; or | 6 | | (2) when the accused overcomes the victim by use of | 7 | | superior strength or size, physical restraint, or physical | 8 | | confinement. | 9 | | "Harmful to minors". See Section 11-21. | 10 | | "Loiter". See Section 9.3. | 11 | | "Material". See Section 11-21. | 12 | | "Minor". See Section 11-21. | 13 | | "Nudity". See Section 11-21. | 14 | | "Obscene". See Section 11-20. | 15 | | "Part day child care facility". See Section 11-9.3. | 16 | | "Penal system". See Section 11-9.2. | 17 | | "Person responsible for the child's welfare". See Section | 18 | | 11-9.1A. | 19 | | "Person with a disability". See Section 11-9.5. | 20 | | "Playground". See Section 11-9.3. | 21 | | "Probation officer". See Section 11-9.2. | 22 | | "Produce". See Section 11-20.1. | 23 | | "Profit from prostitution" means, when acting other than as | 24 | | a prostitute, to receive anything of value for personally | 25 | | rendered prostitution services or to receive anything of value | 26 | | from a prostitute, if the thing received is not for lawful |
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| 1 | | consideration and the person knows it was earned in whole or in | 2 | | part from the practice of prostitution. | 3 | | "Public park". See Section 11-9.3. | 4 | | "Public place". See Section 11-30. | 5 | | "Reproduce". See Section 11-20.1. | 6 | | "Sado-masochistic abuse". See Section 11-21. | 7 | | "School". See Section 11-9.3. | 8 | | "School official". See Section 11-9.3. | 9 | | "Sexual abuse". See Section 11-9.1A. | 10 | | "Sexual act". See Section 11-9.1. | 11 | | "Sexual conduct" means any knowing touching or fondling by | 12 | | the victim or the accused, either directly or through clothing, | 13 | | of the sex organs, anus, or breast of the victim or the | 14 | | accused, or any part of the body of a child under 13 years of | 15 | | age, or any transfer or transmission of semen by the accused | 16 | | upon any part of the clothed or unclothed body of the victim, | 17 | | for the purpose of sexual gratification or arousal of the | 18 | | victim or the accused. | 19 | | "Sexual excitement". See Section 11-21. | 20 | | "Sexual penetration" means any contact, however slight, | 21 | | between the sex organ or anus of the victim or the accused one | 22 | | person and an object or body part, including but not limited | 23 | | to, or the sex organ, mouth, or anus of the victim or the | 24 | | accused another person , or any intrusion, however slight, of | 25 | | any part of the body of the victim or the accused one person or | 26 | | of any animal or object into the sex organ or anus of the |
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| 1 | | victim or the accused another person, including, but not | 2 | | limited to, cunnilingus, fellatio, or anal penetration. | 3 | | Evidence of emission of semen is not required to prove sexual | 4 | | penetration. | 5 | | "Solicit". See Section 11-6. | 6 | | "State-operated facility". See Section 11-9.5. | 7 | | "Supervising officer". See Section 11-9.2. | 8 | | "Surveillance agent". See Section 11-9.2. | 9 | | "Treatment and detention facility". See Section 11-9.2. | 10 | | "Victim" means a person alleging to have been subjected to | 11 | | an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, | 12 | | 11-1.50, or 11-1.60 of this Code.
| 13 | | (Source: P.A. 96-1551, eff. 7-1-11 .) | 14 | | (720 ILCS 5/11-9.1B new) | 15 | | Sec. 11-9.1B. Failure to report sexual abuse of a child. | 16 | | (a) For the purposes of this Section: | 17 | | "Child" means any person under the age of 13. | 18 | | "Sexual abuse" means any contact, however slight, between | 19 | | the sex organ or anus of the victim or the accused and an | 20 | | object or body part, including but not limited to, the sex | 21 | | organ, mouth, or anus of the victim or the accused, or any | 22 | | intrusion, however slight, of any part of the body of the | 23 | | victim or the accused or of any animal or object into the sex | 24 | | organ or anus of the victim or the accused, including, but not | 25 | | limited to, cunnilingus, fellatio, or anal penetration. |
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| 1 | | Evidence of emission of semen is not required to prove sexual | 2 | | abuse. | 3 | | (b) A person over the age of 18 commits failure to report | 4 | | sexual abuse of a child when he or she personally observes | 5 | | sexual abuse, as defined by this Section, between a person who | 6 | | he or she knows is over the age of 18 and a person he or she | 7 | | knows is a child, and knowingly fails to report the sexual | 8 | | abuse to law enforcement. | 9 | | (c) This Section does not apply to a person who makes | 10 | | timely and reasonable efforts to stop the sexual abuse by | 11 | | reporting the sexual abuse in conformance with the Abused and | 12 | | Neglected Child Reporting Act or by reporting the sexual abuse | 13 | | or causing a report to be made, to medical or law enforcement | 14 | | authorities or anyone who is a mandated reporter under Section | 15 | | 4 of the Abused and Neglected Child Reporting Act. | 16 | | (d) A person may not be charged with the offense of failure | 17 | | to report sexual abuse of a child under this Section until the | 18 | | person who committed the offense is charged with criminal | 19 | | sexual assault, aggravated criminal sexual assault, predatory | 20 | | criminal sexual assault of a child, criminal sexual abuse, or | 21 | | aggravated criminal sexual abuse. | 22 | | (e) It is an affirmative defense to a charge of failure to | 23 | | report sexual abuse of a child under this Section that the | 24 | | person who personally observed the sexual abuse had a | 25 | | reasonable apprehension that timely action to stop the abuse | 26 | | would result in the imminent infliction of death, great bodily |
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| 1 | | harm, permanent disfigurement, or permanent disability to that | 2 | | person or another in retaliation for reporting. | 3 | | (f) Sentence. A person who commits failure to report sexual | 4 | | abuse of a child is guilty of a Class A misdemeanor for the | 5 | | first violation and a Class 4 felony for a second or subsequent | 6 | | violation. | 7 | | (g) Nothing in this Section shall be construed to allow | 8 | | prosecution of a person who personally observes the act of | 9 | | sexual abuse and assists with an investigation and any | 10 | | subsequent prosecution of the offender. ".
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