Full Text of HB5597 100th General Assembly
HB5597enr 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 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) | 9 | | he or
she is an employee of a penal system and engages in | 10 | | sexual conduct or sexual
penetration with a person who is in | 11 | | the custody of that penal system ; or (2)
he or she is an | 12 | | employee of a treatment and detention facility and engages in
| 13 | | sexual conduct or sexual penetration with a person who is in | 14 | | the custody of
that
treatment and detention facility ; or (3) he | 15 | | or she is an employee of a law enforcement agency and engages | 16 | | in sexual conduct or sexual penetration with a person who is in | 17 | | the custody of a law enforcement agency or employee .
| 18 | | (b) A probation or supervising officer, surveillance | 19 | | agent, or aftercare specialist commits custodial
sexual | 20 | | misconduct when the probation or supervising officer, | 21 | | surveillance
agent, or aftercare specialist engages in sexual
| 22 | | conduct or sexual penetration with a probationer, parolee, or | 23 | | releasee or
person serving a term of conditional release who is
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| 1 | | under the supervisory, disciplinary, or custodial authority of | 2 | | the
officer or agent or employee so
engaging in the sexual | 3 | | conduct or sexual penetration.
| 4 | | (c) Custodial sexual misconduct is a Class 3 felony.
| 5 | | (d) Any person convicted of violating this Section | 6 | | immediately shall forfeit
his or her employment with a law | 7 | | enforcement agency, a penal system, treatment and detention | 8 | | facility,
or conditional release program.
| 9 | | (e) In For purposes of this Section, the consent of the | 10 | | probationer, parolee,
releasee, or inmate in custody of the | 11 | | penal system or person detained or
civilly committed under the | 12 | | Sexually Violent Persons Commitment Act , or person in the | 13 | | custody of a law enforcement agency or employee
shall not be a | 14 | | defense to a
prosecution under this Section. A person is deemed | 15 | | incapable of consent, for
purposes of this Section, when he or | 16 | | she is a probationer, parolee, releasee,
or inmate in custody | 17 | | of a penal system or person detained or civilly
committed under | 18 | | the Sexually Violent Persons Commitment Act , or a person in the | 19 | | custody of a law enforcement agency or employee .
| 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) detained or under arrest by a law enforcement | 21 | | agency or employee. | 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 | | (3) "Employee" means:
| 12 | | (i) an employee of any governmental agency of this | 13 | | State or any county
or
municipal corporation that has | 14 | | by statute, ordinance, or court order the
| 15 | | responsibility for the care, control, or supervision | 16 | | of pretrial or sentenced
persons in a penal system or | 17 | | persons detained or civilly committed under the
| 18 | | Sexually Violent Persons Commitment Act;
| 19 | | (ii) a contractual employee of a penal system as | 20 | | defined in paragraph
(g)(2) of
this Section who works | 21 | | in a penal institution as defined in Section 2-14 of
| 22 | | this Code;
| 23 | | (iii) a contractual employee of a "treatment and | 24 | | detention facility"
as defined in paragraph (g)(2.1) | 25 | | of this Code or a contractual employee of the
| 26 | | Department of Human Services who provides supervision |
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| 1 | | of persons serving a
term of conditional release as | 2 | | defined in paragraph (g)(2.2) of this Code ; or .
| 3 | | (iv) an employee of a law enforcement agency. | 4 | | (3.5) "Law enforcement agency" means an agency of the | 5 | | State or of a unit of local government charged with | 6 | | enforcement of State, county, or municipal laws or with | 7 | | managing custody of detained persons in the State, but not | 8 | | including a State's Attorney. | 9 | | (4) "Sexual conduct" or "sexual penetration" means any | 10 | | act of sexual
conduct or sexual penetration as defined in | 11 | | Section 11-0.1 of this Code.
| 12 | | (5) "Probation officer" means any person employed in a | 13 | | probation or court
services department as defined in | 14 | | Section 9b of the Probation and Probation
Officers Act.
| 15 | | (6) "Supervising officer" means any person employed to | 16 | | supervise persons
placed on parole or mandatory supervised | 17 | | release with the duties described in
Section 3-14-2 of the | 18 | | Unified Code of Corrections.
| 19 | | (7) "Surveillance agent" means any person employed or | 20 | | contracted to
supervise persons placed on conditional | 21 | | release in the community under
the Sexually Violent Persons | 22 | | Commitment Act.
| 23 | | (Source: P.A. 100-431, eff. 8-25-17.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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