093_HB3466ham001

 










                                     LRB093 07223 RLC 13164 a

 1                    AMENDMENT TO HOUSE BILL 3466

 2        AMENDMENT NO.     .  Amend House Bill 3466 as follows:

 3    on page 3, line 3, by replacing "at least  13  years  of  age
 4    but" with "at least 13 years of age but"; and

 5    on  page  6,  line 15, by replacing "at least 13 years of age
 6    but" with "at least 13 years of age but"; and

 7    on page  9,  by  replacing  lines  17  through  19  with  the
 8    following:
 9        "(H)  Criminal  sexual  assault  or  aggravated  criminal
10    sexual  abuse, except as otherwise provided in subsection (e)
11    of this Section."; and

12    by replacing all of page 15 and lines 1 through 7 on page  16
13    with the following:
14        "(e)  (Blank).  In  cases  where prosecution for criminal
15    sexual assault or  aggravated  criminal  sexual  abuse  under
16    Section  12-13  or 12-16 of the Criminal Code of 1961 results
17    in conviction of a defendant who was a family member  of  the
18    victim  at  the  time  of  the commission of the offense, the
19    court shall consider the safety and welfare of the victim and
20    may impose a sentence of probation only where:
21             (1)  the  court  finds  (A)  or  (B)  or  both   are
22        appropriate:
 
                            -2-      LRB093 07223 RLC 13164 a
 1                  (A)  the  defendant  is  willing  to  undergo a
 2             court approved  counseling  program  for  a  minimum
 3             duration of 2 years; or
 4                  (B)  the defendant is willing to participate in
 5             a  court  approved plan including but not limited to
 6             the defendant's:
 7                       (i)  removal from the household;
 8                       (ii)  restricted contact with the victim;
 9                       (iii)  continued financial support of  the
10                  family;
11                       (iv)  restitution  for  harm  done  to the
12                  victim; and
13                       (v)  compliance with  any  other  measures
14                  that the court may deem appropriate; and
15             (2)  the  court  orders the defendant to pay for the
16        victim's counseling services,  to  the  extent  that  the
17        court finds, after considering the defendant's income and
18        assets,  that  the  defendant  is  financially capable of
19        paying for such services, if  the  victim  was  under  18
20        years  of  age  at the time the offense was committed and
21        requires counseling as a result of the offense.
22        Probation may be revoked or modified pursuant to  Section
23    5-6-4;  except where the court determines at the hearing that
24    the defendant violated a condition of his  or  her  probation
25    restricting  contact  with the victim or other family members
26    or commits another offense with the victim  or  other  family
27    members, the court shall revoke the defendant's probation and
28    impose a term of imprisonment.
29        For  the  purposes  of  this Section, "family member" and
30    "victim" shall have the meanings ascribed to them in  Section
31    12-12 of the Criminal Code of 1961.".