Public Act 90-0066 of the 90th General Assembly
Public Act 90-0066
SB796 Enrolled LRB9001197RCccA
AN ACT to amend the Criminal Code of 1961 by adding
Section 11-9.2.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
adding Section 11-9.2 as follows:
(720 ILCS 5/11-9.2 new)
Sec. 11-9.2. Custodial sexual misconduct.
(a) A person commits the offense of custodial sexual
misconduct when he or she is an employee of a penal system
and engages in sexual conduct or sexual penetration with a
person who is in the custody of that penal system.
(b) A probation or supervising officer commits the
offense of custodial sexual misconduct when the probation or
supervising officer engages in sexual conduct or sexual
penetration with a probationer, parolee, or releasee who is
under the supervisory, disciplinary, or custodial authority
of the officer so engaging in the sexual conduct or sexual
penetration.
(c) Custodial sexual misconduct is a Class 3 felony.
(d) Any person convicted of violating this Section
immediately shall forfeit his or her employment with a penal
system.
(e) For purposes of this Section, the consent of the
probationer, parolee, releasee, or inmate in custody of the
penal system shall not be a defense to a prosecution under
this Section. A person is deemed incapable of consent, for
purposes of this Section, when he or she is a probationer,
parolee, releasee, or inmate in custody of a penal system.
(f) This Section does not apply to:
(1) Any employee, probation, or supervising officer
who is lawfully married to a person in custody if the
marriage occurred before the date of custody.
(2) Any employee, probation, or supervising officer
who has no knowledge, and would have no reason to
believe, that the person with whom he or she engaged in
custodial sexual misconduct was a person in custody.
(g) In this Section:
(1) "Custody" means:
(i) pretrial incarceration or detention;
(ii) incarceration or detention under a
sentence or commitment to a State or local penal
institution;
(iii) parole or mandatory supervised release;
(iv) electronic home detention;
(v) probation.
(2) "Penal system" means any system which includes
institutions as defined in Section 2-14 of this Code or a
county shelter care or detention home established under
Section 1 of the County Shelter Care and Detention Home
Act.
(3) "Employee" means:
(i) an employee of any governmental agency of
this State or any county or municipal corporation
that has by statute, ordinance, or court order the
responsibility for the care, control, or supervision
of pretrial or sentenced persons in a penal system;
(ii) a contractual employee of a penal system
as defined in paragraph (g)(2) of this Section who
works in a penal institution as defined in Section
2-14 of this Code;
(4) "Sexual conduct" or "sexual penetration" means
any act of sexual conduct or sexual penetration as
defined in Section 12-12 of this Code.
(5) "Probation officer" means any person employed
in a probation or court services department as defined in
Section 9b of the Probation and Probation Officers Act.
(6) "Supervising officer" means any person employed
to supervise persons placed on parole or mandatory
supervised release with the duties described in Section
3-14-2 of the Unified Code of Corrections.
Section 99. Effective date. This Act takes effect upon
becoming law.