Full Text of HB1399 103rd General Assembly
HB1399ham001 103RD GENERAL ASSEMBLY | Rep. Natalie A. Manley Filed: 3/14/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1399
| 2 | | AMENDMENT NO. ______. Amend House Bill 1399 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by adding | 5 | | Sections 11-9.2-1 and 11-9.2-2 as follows: | 6 | | (720 ILCS 5/11-9.2-1 new) | 7 | | Sec. 11-9.2-1. Lewd sexual display in a penal institution. | 8 | | (a) A person commits lewd sexual display in a penal | 9 | | institution when he or she is in the custody of a penal | 10 | | institution and knowingly engages in any of the following acts | 11 | | while he or she is confined in a penal institution: engages in | 12 | | a lewd exposure of the genitals or anus, for the purpose or | 13 | | effect of intimidating, harassing, or threatening one whom he | 14 | | or she believes to be in the presence or view of such acts. For | 15 | | purposes of this Section, "penal institution" does not include | 16 | | a facility of the Department of Juvenile Justice or a juvenile |
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| 1 | | detention facility. | 2 | | (b) Sentence. Lewd sexual display in a penal institution | 3 | | is a Class A misdemeanor. A person convicted of a second or | 4 | | subsequent violation for lewd sexual display in a penal | 5 | | institution is guilty of a Class 4 felony. | 6 | | (c) A person charged with a violation of this Section | 7 | | shall be eligible for an evaluation for a mental health court | 8 | | program under the Mental Health Court Treatment Act, the | 9 | | provisions of Section 20 of that Act notwithstanding, and | 10 | | shall be given an eligibility screening and an assessment, | 11 | | pursuant to the provisions of Section 25 of the Mental Health | 12 | | Court Treatment Act, administered by a qualified mental health | 13 | | court professional independent of the penal institution where | 14 | | the individual is in custody. | 15 | | (d) Notwithstanding the provisions of subsection (e) of | 16 | | Section 25 of the Mental Health Court Treatment Act, a person | 17 | | who has been charged with a violation of this Section shall not | 18 | | be liable for any fines, fees, costs, or restitution unless | 19 | | the person fails to successfully complete that person's | 20 | | court-ordered mental health court treatment program. | 21 | | (e) All charges against a person for a violation of this | 22 | | Section shall be dismissed upon the court's determination that | 23 | | the person has successfully completed the person's | 24 | | court-ordered mental health court treatment program. | 25 | | Unwillingness to participate in a court-ordered mental health | 26 | | court treatment program may result in prosecution under this |
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| 1 | | Section. Failure to complete a mental health treatment court | 2 | | program shall have the consequences prescribed by the rules | 3 | | and regulations of that treatment court program. | 4 | | (f) A person is not guilty of a violation of this Section | 5 | | for engaging in the conduct prohibited by this Section, if any | 6 | | of the following are true: | 7 | | (1) the person is under 18 years of age or not confined | 8 | | to a penal institution; | 9 | | (2) the person suffered from a behavioral health issue | 10 | | at the time of the prohibited conduct and that behavioral | 11 | | health issue was the direct cause for the person having | 12 | | engaged in the prohibited conduct; or | 13 | | (3) the person was not in the actual presence or view | 14 | | of another person. | 15 | | (g) This Section is repealed on January 1, 2028. | 16 | | (720 ILCS 5/11-9.2-2 new) | 17 | | Sec. 11-9.2-2. Lewd sexual display in a penal institution | 18 | | annual report; sunset date. | 19 | | (a) The Illinois Criminal Justice Information Authority | 20 | | shall compile data provided to it pursuant to this Section and | 21 | | provide an annual report to the Governor and the General | 22 | | Assembly on or before January 1 of each year. The Illinois | 23 | | Criminal Justice Information Authority may include findings or | 24 | | recommendations in its published annual report. | 25 | | (b) The following data shall be provided to the Illinois |
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| 1 | | Criminal Justice Information Authority on or before October 1 | 2 | | of each year: | 3 | | (1) each penal institution shall provide the number of | 4 | | persons referred to a county State's Attorney for | 5 | | prosecution of a violation of Section 11-9.2-1, the | 6 | | demographic data of the referred persons, including, but | 7 | | not limited to, age, race, ethnicity, and sex, and any | 8 | | underlying charge or charges upon which the referred | 9 | | person is being held in the custody of the penal | 10 | | institution; and | 11 | | (2) each county State's Attorney shall provide the | 12 | | number of persons charged by that State's Attorney for a | 13 | | violation of Section 11-9.2-1, the demographic data of the | 14 | | charged persons, including, but not limited to, age, race, | 15 | | ethnicity, and sex, and the case disposition, or lack | 16 | | thereof, of each charged person. | 17 | | (c) This Section is repealed on January 1, 2028. ".
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