Illinois 2023-2024 Regular Session

Illinois House Bill HB1399 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0283
2	1		HB1399 EnrolledLRB103 24972 RLC 51306 b HB1399 Enrolled LRB103 24972 RLC 51306 b
3	2		HB1399 Enrolled LRB103 24972 RLC 51306 b
4		-	AN ACT concerning criminal law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Criminal Code of 2012 is amended by adding
8		-	Sections 11-9.2-1 and 11-9.2-2 as follows:
9		-	(720 ILCS 5/11-9.2-1 new)
10		-	Sec. 11-9.2-1. Lewd sexual display in a penal institution.
11		-	(a) A person commits lewd sexual display in a penal
12		-	institution when he or she is in the custody of a penal
13		-	institution and knowingly engages in any of the following acts
14		-	while he or she is confined in a penal institution: engages in
15		-	a lewd exposure of the genitals or anus, for the purpose or
16		-	effect of intimidating, harassing, or threatening one whom he
17		-	or she believes to be in the presence or view of such acts. For
18		-	purposes of this Section, "penal institution" does not include
19		-	a facility of the Department of Juvenile Justice or a juvenile
20		-	detention facility.
21		-	(b) Sentence. Lewd sexual display in a penal institution
22		-	is a Class A misdemeanor. A person convicted of a second or
23		-	subsequent violation for lewd sexual display in a penal
24		-	institution is guilty of a Class 4 felony.
25		-	(c) A person charged with a violation of this Section
26		-	shall be eligible for an evaluation for a mental health court
	3	+	1 AN ACT concerning criminal law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Criminal Code of 2012 is amended by adding
	7	+	5 Sections 11-9.2-1 and 11-9.2-2 as follows:
	8	+	6 (720 ILCS 5/11-9.2-1 new)
	9	+	7 Sec. 11-9.2-1. Lewd sexual display in a penal institution.
	10	+	8 (a) A person commits lewd sexual display in a penal
	11	+	9 institution when he or she is in the custody of a penal
	12	+	10 institution and knowingly engages in any of the following acts
	13	+	11 while he or she is confined in a penal institution: engages in
	14	+	12 a lewd exposure of the genitals or anus, for the purpose or
	15	+	13 effect of intimidating, harassing, or threatening one whom he
	16	+	14 or she believes to be in the presence or view of such acts. For
	17	+	15 purposes of this Section, "penal institution" does not include
	18	+	16 a facility of the Department of Juvenile Justice or a juvenile
	19	+	17 detention facility.
	20	+	18 (b) Sentence. Lewd sexual display in a penal institution
	21	+	19 is a Class A misdemeanor. A person convicted of a second or
	22	+	20 subsequent violation for lewd sexual display in a penal
	23	+	21 institution is guilty of a Class 4 felony.
	24	+	22 (c) A person charged with a violation of this Section
	25	+	23 shall be eligible for an evaluation for a mental health court
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33		-	program under the Mental Health Court Treatment Act, the
34		-	provisions of Section 20 of that Act notwithstanding, and
35		-	shall be given an eligibility screening and an assessment,
36		-	pursuant to the provisions of Section 25 of the Mental Health
37		-	Court Treatment Act, administered by a qualified mental health
38		-	court professional independent of the penal institution where
39		-	the individual is in custody.
40		-	(d) Notwithstanding the provisions of subsection (e) of
41		-	Section 25 of the Mental Health Court Treatment Act, a person
42		-	who has been charged with a violation of this Section shall not
43		-	be liable for any fines, fees, costs, or restitution unless
44		-	the person fails to successfully complete that person's
45		-	court-ordered mental health court treatment program.
46		-	(e) All charges against a person for a violation of this
47		-	Section shall be dismissed upon the court's determination that
48		-	the person has successfully completed the person's
49		-	court-ordered mental health court treatment program.
50		-	Unwillingness to participate in a court-ordered mental health
51		-	court treatment program may result in prosecution under this
52		-	Section. Failure to complete a mental health treatment court
53		-	program shall have the consequences prescribed by the rules
54		-	and regulations of that treatment court program.
55		-	(f) A person is not guilty of a violation of this Section
56		-	for engaging in the conduct prohibited by this Section, if any
57		-	of the following are true:
58		-	(1) the person is under 18 years of age or not confined
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	34	+	1 program under the Mental Health Court Treatment Act, the
	35	+	2 provisions of Section 20 of that Act notwithstanding, and
	36	+	3 shall be given an eligibility screening and an assessment,
	37	+	4 pursuant to the provisions of Section 25 of the Mental Health
	38	+	5 Court Treatment Act, administered by a qualified mental health
	39	+	6 court professional independent of the penal institution where
	40	+	7 the individual is in custody.
	41	+	8 (d) Notwithstanding the provisions of subsection (e) of
	42	+	9 Section 25 of the Mental Health Court Treatment Act, a person
	43	+	10 who has been charged with a violation of this Section shall not
	44	+	11 be liable for any fines, fees, costs, or restitution unless
	45	+	12 the person fails to successfully complete that person's
	46	+	13 court-ordered mental health court treatment program.
	47	+	14 (e) All charges against a person for a violation of this
	48	+	15 Section shall be dismissed upon the court's determination that
	49	+	16 the person has successfully completed the person's
	50	+	17 court-ordered mental health court treatment program.
	51	+	18 Unwillingness to participate in a court-ordered mental health
	52	+	19 court treatment program may result in prosecution under this
	53	+	20 Section. Failure to complete a mental health treatment court
	54	+	21 program shall have the consequences prescribed by the rules
	55	+	22 and regulations of that treatment court program.
	56	+	23 (f) A person is not guilty of a violation of this Section
	57	+	24 for engaging in the conduct prohibited by this Section, if any
	58	+	25 of the following are true:
	59	+	26 (1) the person is under 18 years of age or not confined
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61		-	to a penal institution;
62		-	(2) the person suffered from a behavioral health issue
63		-	at the time of the prohibited conduct and that behavioral
64		-	health issue was the direct cause for the person having
65		-	engaged in the prohibited conduct; or
66		-	(3) the person was not in the actual presence or view
67		-	of another person.
68		-	(g) This Section is repealed on January 1, 2028.
69		-	(720 ILCS 5/11-9.2-2 new)
70		-	Sec. 11-9.2-2. Lewd sexual display in a penal institution
71		-	annual report; sunset date.
72		-	(a) The Illinois Criminal Justice Information Authority
73		-	shall compile data provided to it pursuant to this Section and
74		-	provide an annual report to the Governor and the General
75		-	Assembly on or before January 1 of each year. The Illinois
76		-	Criminal Justice Information Authority may include findings or
77		-	recommendations in its published annual report.
78		-	(b) The following data shall be provided to the Illinois
79		-	Criminal Justice Information Authority on or before October 1
80		-	of each year:
81		-	(1) each penal institution shall provide the number of
82		-	persons referred to a county State's Attorney for
83		-	prosecution of a violation of Section 11-9.2-1, the
84		-	demographic data of the referred persons, including, but
85		-	not limited to, age, race, ethnicity, and sex, and any
86	62
87	63
88		-	underlying charge or charges upon which the referred
89		-	person is being held in the custody of the penal
90		-	institution; and
91		-	(2) each county State's Attorney shall provide the
92		-	number of persons charged by that State's Attorney for a
93		-	violation of Section 11-9.2-1, the demographic data of the
94		-	charged persons, including, but not limited to, age, race,
95		-	ethnicity, and sex, and the case disposition, or lack
96		-	thereof, of each charged person.
97		-	(c) This Section is repealed on January 1, 2028.
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	70	+	1 to a penal institution;
	71	+	2 (2) the person suffered from a behavioral health issue
	72	+	3 at the time of the prohibited conduct and that behavioral
	73	+	4 health issue was the direct cause for the person having
	74	+	5 engaged in the prohibited conduct; or
	75	+	6 (3) the person was not in the actual presence or view
	76	+	7 of another person.
	77	+	8 (g) This Section is repealed on January 1, 2028.
	78	+	9 (720 ILCS 5/11-9.2-2 new)
	79	+	10 Sec. 11-9.2-2. Lewd sexual display in a penal institution
	80	+	11 annual report; sunset date.
	81	+	12 (a) The Illinois Criminal Justice Information Authority
	82	+	13 shall compile data provided to it pursuant to this Section and
	83	+	14 provide an annual report to the Governor and the General
	84	+	15 Assembly on or before January 1 of each year. The Illinois
	85	+	16 Criminal Justice Information Authority may include findings or
	86	+	17 recommendations in its published annual report.
	87	+	18 (b) The following data shall be provided to the Illinois
	88	+	19 Criminal Justice Information Authority on or before October 1
	89	+	20 of each year:
	90	+	21 (1) each penal institution shall provide the number of
	91	+	22 persons referred to a county State's Attorney for
	92	+	23 prosecution of a violation of Section 11-9.2-1, the
	93	+	24 demographic data of the referred persons, including, but
	94	+	25 not limited to, age, race, ethnicity, and sex, and any
	95	+
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	105	+	1 underlying charge or charges upon which the referred
	106	+	2 person is being held in the custody of the penal
	107	+	3 institution; and
	108	+	4 (2) each county State's Attorney shall provide the
	109	+	5 number of persons charged by that State's Attorney for a
	110	+	6 violation of Section 11-9.2-1, the demographic data of the
	111	+	7 charged persons, including, but not limited to, age, race,
	112	+	8 ethnicity, and sex, and the case disposition, or lack
	113	+	9 thereof, of each charged person.
	114	+	10 (c) This Section is repealed on January 1, 2028.
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