The bill further modifies the Sex Offender Registration Act by categorizing a third violation of lewd sexual display as a 'sex offense'. Those required to register following this conviction will face a registration period of 10 years, either from their release or adjudication. This aspect aims to enhance oversight and management of sexual offenders within the penal system. It ensures that those convicted of repeated offenses face stricter scrutiny and community safety measures during and after their incarceration.
Summary
SB2436 amends the Criminal Code of 2012 in Illinois by establishing the offense of 'lewd sexual display in a penal institution'. This offense is defined as a person in custody of a penal institution who knowingly engages in lewd exposure of the body or sexual organs with the intent to intimidate or harass someone believed to be in view of the act. The bill classifies lewd sexual display as a Class A misdemeanor, with a third or subsequent violation escalating to a Class 4 felony. Importantly, it specifically excludes juvenile facilities from this definition.
Contention
Debates surrounding SB2436 primarily focus on concerns about the implications of introducing this type of legislation in penal institutions. Critics argue it may lead to potential over-criminalization of behaviors that could arise from mental health issues, especially in incarcerated populations. Supporters of the bill stress the need for maintaining order and preventing intimidation or harassment among inmates, highlighting safety as a primary concern. The bill also mandates annual reporting by the Illinois Criminal Justice Information Authority regarding the prevalence of these offenses, signifying an effort to assess and respond to future issues related to lewd conduct within prisons.
Mary Rippy Violent Crime Offenders Registration Act; requiring persons convicted of certain crimes to register as violent crime offenders. Effective date.