Illinois General Assembly - Bill Status for HB5490

Amends the Criminal Code of 2012. Provides that when the victim is under 18 years of age at the time of the offense or a person with a disability, a prosecution for grooming may be commenced within 10 years after the discovery of such an offense by a person or agency having the legal duty to report the offense or in the absence of such discovery, within 10 years after the proper prosecuting officer becomes aware of the offense. In the definition provisions of the Sex Offenses Article of the Code, includes "sibling" in the definition of "family member" and includes in the definition of "unconscious of the nature of the act", incapable of resisting because the victim was asleep, unconscious, or surprised such that the victim could not give voluntary, intelligent, and knowing agreement to the sexual act. In the definition of "family member" deletes provision that if the victim is a child under 18 years of age, an accused must have resided in the household with the child continuously for at least 6 months. Provides that a person also commits grooming when he or she knowingly engages in a pattern of conduct that entices, persuades, induces, or coerces a child to engage or participate in criminal sexual activity or is for the purpose of sexual gratification or arousal of the victim, the accused, or another. Increases the penalty for grooming from a Class 4 to a Class 3 felony. Changes references in the Code from "child pornography" to "child sexual abuse images". Defines "pattern" and "sexual activity". Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability), involving the use of a facility dog in any criminal proceeding (rather than in a prosecution of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, or any violent crime). Makes changes concerning the admissibility of evidence in prosecutions for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons.

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, except: (1) changes the statute of limitations for grooming to provide that when the victim is under 17 years of age at the time of the offense or is a person with a disability, a prosecution for grooming may be commenced within 10 years after the victim or the person with a disability attains 17 years of age; (2) changes the name of the offenses of child sexual abuse material and aggravated child sexual abuse material to child sexual abuse material and aggravated child sexual abuse material; (3) retains the Class 4 felony penalty for grooming; (4) deletes references to criminal transmission of HIV in various statutes; (5) in the definitions provisions of the Sex Offenses Article of the Criminal Code of 2012, provides that "family member" also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 3 (rather than 6) months; (6) provides that a person also commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older; provides that a violation is a Class 4 felony for a first offense; and a Class 3 felony for a second or subsequent offense, or if the person has been previously convicted of a sex offense; and (7) amends various Acts to change references to "child pornography" to "child sexual abuse material".

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