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90_SB0796enr
720 ILCS 5/11-9.2 new
Amends the Criminal Code of 1961. Creates the offense of
custodial sexual misconduct. Prohibits an employee of a
penal system from engaging in sexual misconduct or sexual
penetration with a person who is in the custody of that penal
system. Also prohibits probation and supervising officers
from engaging in that conduct with parolees and releasees.
Penalty is a Class 3 felony. Provides that a person
convicted of custodial sexual misconduct immediately shall
forfeit his or her employment with the penal system.
Provides that the consent of the inmate, probationer,
parolee, or releasee is not a defense to prosecution.
Effective immediately.
LRB9001197RCccA
SB796 Enrolled LRB9001197RCccA
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 11-9.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Section 11-9.2 as follows:
7 (720 ILCS 5/11-9.2 new)
8 Sec. 11-9.2. Custodial sexual misconduct.
9 (a) A person commits the offense of custodial sexual
10 misconduct when he or she is an employee of a penal system
11 and engages in sexual conduct or sexual penetration with a
12 person who is in the custody of that penal system.
13 (b) A probation or supervising officer commits the
14 offense of custodial sexual misconduct when the probation or
15 supervising officer engages in sexual conduct or sexual
16 penetration with a probationer, parolee, or releasee who is
17 under the supervisory, disciplinary, or custodial authority
18 of the officer so engaging in the sexual conduct or sexual
19 penetration.
20 (c) Custodial sexual misconduct is a Class 3 felony.
21 (d) Any person convicted of violating this Section
22 immediately shall forfeit his or her employment with a penal
23 system.
24 (e) For purposes of this Section, the consent of the
25 probationer, parolee, releasee, or inmate in custody of the
26 penal system shall not be a defense to a prosecution under
27 this Section. A person is deemed incapable of consent, for
28 purposes of this Section, when he or she is a probationer,
29 parolee, releasee, or inmate in custody of a penal system.
30 (f) This Section does not apply to:
31 (1) Any employee, probation, or supervising officer
SB796 Enrolled -2- LRB9001197RCccA
1 who is lawfully married to a person in custody if the
2 marriage occurred before the date of custody.
3 (2) Any employee, probation, or supervising officer
4 who has no knowledge, and would have no reason to
5 believe, that the person with whom he or she engaged in
6 custodial sexual misconduct was a person in custody.
7 (g) In this Section:
8 (1) "Custody" means:
9 (i) pretrial incarceration or detention;
10 (ii) incarceration or detention under a
11 sentence or commitment to a State or local penal
12 institution;
13 (iii) parole or mandatory supervised release;
14 (iv) electronic home detention;
15 (v) probation.
16 (2) "Penal system" means any system which includes
17 institutions as defined in Section 2-14 of this Code or a
18 county shelter care or detention home established under
19 Section 1 of the County Shelter Care and Detention Home
20 Act.
21 (3) "Employee" means:
22 (i) an employee of any governmental agency of
23 this State or any county or municipal corporation
24 that has by statute, ordinance, or court order the
25 responsibility for the care, control, or supervision
26 of pretrial or sentenced persons in a penal system;
27 (ii) a contractual employee of a penal system
28 as defined in paragraph (g)(2) of this Section who
29 works in a penal institution as defined in Section
30 2-14 of this Code;
31 (4) "Sexual conduct" or "sexual penetration" means
32 any act of sexual conduct or sexual penetration as
33 defined in Section 12-12 of this Code.
34 (5) "Probation officer" means any person employed
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1 in a probation or court services department as defined in
2 Section 9b of the Probation and Probation Officers Act.
3 (6) "Supervising officer" means any person employed
4 to supervise persons placed on parole or mandatory
5 supervised release with the duties described in Section
6 3-14-2 of the Unified Code of Corrections.
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.