Illinois General Assembly - Full Text of HB5597
Illinois General Assembly

Previous General Assemblies

Full Text of HB5597  100th General Assembly

HB5597ham001 100TH GENERAL ASSEMBLY

Rep. Juliana Stratton

Filed: 4/6/2018

 

 


 

 


 
10000HB5597ham001LRB100 20683 SLF 38077 a

1
AMENDMENT TO HOUSE BILL 5597

2    AMENDMENT NO. ______. Amend House Bill 5597 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 11-9.2 as follows:
 
6    (720 ILCS 5/11-9.2)
7    Sec. 11-9.2. Custodial sexual misconduct.
8    (a) A person commits custodial sexual misconduct when: (1)
9he or she is an employee of a penal system and engages in
10sexual conduct or sexual penetration with a person who is in
11the custody of that penal system; or (2) he or she is an
12employee of a treatment and detention facility and engages in
13sexual conduct or sexual penetration with a person who is in
14the custody of that treatment and detention facility; or (3) he
15or she is an employee of a law enforcement agency and engages
16in sexual conduct or sexual penetration with a person who is in

 

 

10000HB5597ham001- 2 -LRB100 20683 SLF 38077 a

1the custody of a law enforcement agency or employee.
2    (b) A probation or supervising officer, surveillance
3agent, or aftercare specialist commits custodial sexual
4misconduct when the probation or supervising officer,
5surveillance agent, or aftercare specialist engages in sexual
6conduct or sexual penetration with a probationer, parolee, or
7releasee or person serving a term of conditional release who is
8under the supervisory, disciplinary, or custodial authority of
9the officer or agent or employee so engaging in the sexual
10conduct or sexual penetration.
11    (c) Custodial sexual misconduct is a Class 3 felony.
12    (d) Any person convicted of violating this Section
13immediately shall forfeit his or her employment with a law
14enforcement agency, a penal system, treatment and detention
15facility, or conditional release program.
16    (e) In For purposes of this Section, the consent of the
17probationer, parolee, releasee, or inmate in custody of the
18penal system or person detained or civilly committed under the
19Sexually Violent Persons Commitment Act, or person in the
20custody of a law enforcement agency or employee shall not be a
21defense to a prosecution under this Section. A person is deemed
22incapable of consent, for purposes of this Section, when he or
23she is a probationer, parolee, releasee, or inmate in custody
24of a penal system or person detained or civilly committed under
25the Sexually Violent Persons Commitment Act, or a person in the
26custody of a law enforcement agency or employee.

 

 

10000HB5597ham001- 3 -LRB100 20683 SLF 38077 a

1    (f) This Section does not apply to:
2        (1) Any employee, probation or supervising officer,
3    surveillance agent, or aftercare specialist who is
4    lawfully married to a person in custody if the marriage
5    occurred before the date of custody.
6        (2) Any employee, probation or supervising officer,
7    surveillance agent, or aftercare specialist who has no
8    knowledge, and would have no reason to believe, that the
9    person with whom he or she engaged in custodial sexual
10    misconduct was a person in custody.
11    (g) In this Section:
12        (0.5) "Aftercare specialist" means any person employed
13    by the Department of Juvenile Justice to supervise and
14    facilitate services for persons placed on aftercare
15    release.
16        (1) "Custody" means:
17            (i) pretrial incarceration or detention;
18            (ii) incarceration or detention under a sentence
19        or commitment to a State or local penal institution;
20            (iii) parole, aftercare release, or mandatory
21        supervised release;
22            (iv) electronic monitoring or home detention;
23            (v) probation;
24            (vi) detention or civil commitment either in
25        secure care or in the community under the Sexually
26        Violent Persons Commitment Act; or .

 

 

10000HB5597ham001- 4 -LRB100 20683 SLF 38077 a

1            (vii) detained or under arrest by a law enforcement
2        agency or employee.
3        (2) "Penal system" means any system which includes
4    institutions as defined in Section 2-14 of this Code or a
5    county shelter care or detention home established under
6    Section 1 of the County Shelter Care and Detention Home
7    Act.
8        (2.1) "Treatment and detention facility" means any
9    Department of Human Services facility established for the
10    detention or civil commitment of persons under the Sexually
11    Violent Persons Commitment Act.
12        (2.2) "Conditional release" means a program of
13    treatment and services, vocational services, and alcohol
14    or other drug abuse treatment provided to any person
15    civilly committed and conditionally released to the
16    community under the Sexually Violent Persons Commitment
17    Act;
18        (3) "Employee" means:
19            (i) an employee of any governmental agency of this
20        State or any county or municipal corporation that has
21        by statute, ordinance, or court order the
22        responsibility for the care, control, or supervision
23        of pretrial or sentenced persons in a penal system or
24        persons detained or civilly committed under the
25        Sexually Violent Persons Commitment Act;
26            (ii) a contractual employee of a penal system as

 

 

10000HB5597ham001- 5 -LRB100 20683 SLF 38077 a

1        defined in paragraph (g)(2) of this Section who works
2        in a penal institution as defined in Section 2-14 of
3        this Code;
4            (iii) a contractual employee of a "treatment and
5        detention facility" as defined in paragraph (g)(2.1)
6        of this Code or a contractual employee of the
7        Department of Human Services who provides supervision
8        of persons serving a term of conditional release as
9        defined in paragraph (g)(2.2) of this Code; or .
10            (iv) an employee of a law enforcement agency.
11        (4.5) "Law enforcement agency" means an agency of the
12    State or of a unit of local government charged with
13    enforcement of State, county, or municipal laws or with
14    managing custody of detained persons in the State, but not
15    including a State's Attorney.
16        (4) "Sexual conduct" or "sexual penetration" means any
17    act of sexual conduct or sexual penetration as defined in
18    Section 11-0.1 of this Code.
19        (5) "Probation officer" means any person employed in a
20    probation or court services department as defined in
21    Section 9b of the Probation and Probation Officers Act.
22        (6) "Supervising officer" means any person employed to
23    supervise persons placed on parole or mandatory supervised
24    release with the duties described in Section 3-14-2 of the
25    Unified Code of Corrections.
26        (7) "Surveillance agent" means any person employed or

 

 

10000HB5597ham001- 6 -LRB100 20683 SLF 38077 a

1    contracted to supervise persons placed on conditional
2    release in the community under the Sexually Violent Persons
3    Commitment Act.
4(Source: P.A. 100-431, eff. 8-25-17.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".