Full Text of HB1551 99th General Assembly
HB1551 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1551 Introduced 2/6/2015, by Rep. Scott Drury SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Makes a technical change in a Section concerning failure to report sexual abuse of a child.
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| | A BILL FOR |
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| | | HB1551 | | LRB099 08804 RLC 28975 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 11-9.1B as follows: | 6 | | (720 ILCS 5/11-9.1B) | 7 | | Sec. 11-9.1B. Failure to report sexual abuse of a child. | 8 | | (a) For the purposes of this this Section: | 9 | | "Child" means any person under the age of 13. | 10 | | "Sexual abuse" means any contact, however slight, between | 11 | | the sex organ or anus of the victim or the accused and an | 12 | | object or body part, including, but not limited to, the sex | 13 | | organ, mouth, or anus of the victim or the accused, or any | 14 | | intrusion, however slight, of any part of the body of the | 15 | | victim or the accused or of any animal or object into the sex | 16 | | organ or anus of the victim or the accused, including, but not | 17 | | limited to, cunnilingus, fellatio, or anal penetration. | 18 | | Evidence of emission of semen is not required to prove sexual | 19 | | abuse. | 20 | | (b) A person over the age of 18 commits failure to report | 21 | | sexual abuse of a child when he or she personally observes | 22 | | sexual abuse, as defined by this Section, between a person who | 23 | | he or she knows is over the age of 18 and a person he or she |
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| 1 | | knows is a child, and knowingly fails to report the sexual | 2 | | abuse to law enforcement. | 3 | | (c) This Section does not apply to a person who makes | 4 | | timely and reasonable efforts to stop the sexual abuse by | 5 | | reporting the sexual abuse in conformance with the Abused and | 6 | | Neglected Child Reporting Act or by reporting the sexual abuse | 7 | | or causing a report to be made, to medical or law enforcement | 8 | | authorities or anyone who is a mandated reporter under Section | 9 | | 4 of the Abused and Neglected Child Reporting Act. | 10 | | (d) A person may not be charged with the offense of failure | 11 | | to report sexual abuse of a child under this Section until the | 12 | | person who committed the offense is charged with criminal | 13 | | sexual assault, aggravated criminal sexual assault, predatory | 14 | | criminal sexual assault of a child, criminal sexual abuse, or | 15 | | aggravated criminal sexual abuse. | 16 | | (e) It is an affirmative defense to a charge of failure to | 17 | | report sexual abuse of a child under this Section that the | 18 | | person who personally observed the sexual abuse had a | 19 | | reasonable apprehension that timely action to stop the abuse | 20 | | would result in the imminent infliction of death, great bodily | 21 | | harm, permanent disfigurement, or permanent disability to that | 22 | | person or another in retaliation for reporting. | 23 | | (f) Sentence. A person who commits failure to report sexual | 24 | | abuse of a child is guilty of a Class A misdemeanor for the | 25 | | first violation and a Class 4 felony for a second or subsequent | 26 | | violation. |
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| 1 | | (g) Nothing in this Section shall be construed to allow | 2 | | prosecution of a person who personally observes the act of | 3 | | sexual abuse and assists with an investigation and any | 4 | | subsequent prosecution of the offender.
| 5 | | (Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14.)
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