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90_HB0848
40 ILCS 5/14-149.2 new
720 ILCS 5/12-13 from Ch. 38, par. 12-13
720 ILCS 5/12-15 from Ch. 38, par. 12-15
720 ILCS 5/12-17 from Ch. 38, par. 12-17
Amends the Criminal Code of 1961. Provides that it is
criminal sexual assault or criminal sexual abuse for an
employee of the Department of Corrections to commit an act of
sexual penetration or sexual conduct with an inmate confined
in a Department of Corrections facility. Provides that
consent to the sexual penetration or sexual conduct is not a
defense. Amends the Illinois Pension Code. Provides that
an employee of the Department of Corrections who is convicted
of criminal sexual assault or criminal sexual abuse in which
the victim is an inmate in a Department facility shall
forfeit all pension benefits.
LRB9003321RCks
LRB9003321RCks
1 AN ACT to prohibit sexual contact between Department of
2 Corrections employees and prisoners, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 adding Section 14-149.2 as follows:
7 (40 ILCS 5/14-149.2 new)
8 Sec. 14-149.2. Department of Corrections employees;
9 denial of benefits. None of the benefits provided in this
10 Article shall be paid to an employee of the Department of
11 Corrections who is convicted of a violation of subsection
12 (a-5) of Section 12-13 or of subsection (c-5) of Section
13 12-15 of the Criminal Code of 1961.
14 This Section shall not operate to impair any contract or
15 vested right heretofore acquired under any law or laws
16 continued in this Article nor to preclude the right to a
17 refund.
18 All future entrants entering service subsequent to the
19 effective date of this amendatory Act of 1997 shall be deemed
20 to have consented to the provisions of this Section as a
21 condition of coverage.
22 Section 10. The Criminal Code of 1961 is amended by
23 changing Sections 12-13, 12-15, and 12-17 as follows:
24 (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
25 Sec. 12-13. Criminal Sexual Assault. (a) The accused
26 commits criminal sexual assault if he or she:
27 (1) commits an act of sexual penetration by the use of
28 force or threat of force; or
29 (2) commits an act of sexual penetration and the accused
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1 knew that the victim was unable to understand the nature of
2 the act or was unable to give knowing consent; or
3 (3) commits an act of sexual penetration with a victim
4 who was under 18 years of age when the act was committed and
5 the accused was a family member; or
6 (4) commits an act of sexual penetration with a victim
7 who was at least 13 years of age but under 18 years of age
8 when the act was committed and the accused was 17 years of
9 age or over and held a position of trust, authority or
10 supervision in relation to the victim.
11 (a-5) The accused commits criminal sexual assault if he
12 or she is an employee of the Department of Corrections and
13 commits an act of sexual penetration with a victim who is an
14 inmate confined in a Department of Corrections facility.
15 (b) Sentence. Criminal sexual assault is a Class 1
16 felony. A second or subsequent conviction for a violation of
17 this Section or under any similar statute of this State or
18 any other state for any offense involving criminal sexual
19 assault that is substantially equivalent to or more serious
20 than the sexual assault prohibited under this Section is a
21 Class X felony. When a person has any such prior conviction,
22 the information or indictment charging that person shall
23 state such prior conviction so as to give notice of the
24 State's intention to treat the charge as a Class X felony.
25 The fact of such prior conviction is not an element of the
26 offense and may not be disclosed to the jury during trial
27 unless otherwise permitted by issues properly raised during
28 such trial.
29 (Source: P.A. 85-1440.)
30 (720 ILCS 5/12-15) (from Ch. 38, par. 12-15)
31 Sec. 12-15. Criminal Sexual Abuse. (a) The accused
32 commits criminal sexual abuse if he or she:
33 (1) commits an act of sexual conduct by the use of force
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1 or threat of force; or
2 (2) commits an act of sexual conduct and the accused
3 knew that the victim was unable to understand the nature of
4 the act or was unable to give knowing consent.
5 (b) The accused commits criminal sexual abuse if
6 the accused was under 17 years of age and commits an
7 act of sexual penetration or sexual conduct with a victim who
8 was at least 9 years of age but under 17 years of age when
9 the act was committed.
10 (c) The accused commits criminal sexual abuse if he or
11 she commits an act of sexual penetration or sexual conduct
12 with a victim who was at least 13 years of age but under 17
13 years of age and the accused was less than 5 years older than
14 the victim.
15 (c-5) The accused commits criminal sexual abuse if he or
16 she is an employee of the Department of Corrections and
17 commits an act of sexual conduct with a victim who is an
18 inmate confined in a Department of Corrections facility.
19 (d) Sentence. Criminal sexual abuse is a Class A
20 misdemeanor. A second or subsequent conviction for a
21 violation of subsection (a) of this Section is a Class 2
22 felony. For purposes of this Section it is a second or
23 subsequent conviction if the accused has at any time been
24 convicted under this Section or under any similar statute of
25 this State or any other state for any offense involving
26 sexual abuse or sexual assault that is substantially
27 equivalent to or more serious than the sexual abuse
28 prohibited under this Section.
29 (Source: P.A. 85-651.)
30 (720 ILCS 5/12-17) (from Ch. 38, par. 12-17)
31 Sec. 12-17. Defenses.
32 (a) It shall be a defense to any offense under Section
33 12-13 through 12-16 of this Code where force or threat of
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1 force is an element of the offense that the victim consented.
2 "Consent" means a freely given agreement to the act of sexual
3 penetration or sexual conduct in question. Lack of verbal or
4 physical resistance or submission by the victim resulting
5 from the use of force or threat of force by the accused shall
6 not constitute consent. The manner of dress of the victim at
7 the time of the offense shall not constitute consent.
8 (b) It shall be a defense under subsection (b) and
9 subsection (c) of Section 12-15 and subsection (d) of Section
10 12-16 of this Code that the accused reasonably believed the
11 person to be 17 years of age or over.
12 (c) It shall not be a defense to a violation of
13 subsection (a-5) of Section 12-13 or to a violation of
14 subsection (c-5) of Section 12-15 of this Code that the
15 victim consented.
16 (Source: P.A. 87-438; 87-457; 87-895.)