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Public Act 103-0283
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| HB1399 Enrolled | LRB103 24972 RLC 51306 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by adding |
Sections 11-9.2-1 and 11-9.2-2 as follows:
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(720 ILCS 5/11-9.2-1 new) |
Sec. 11-9.2-1. Lewd sexual display in a penal institution. |
(a) A person commits lewd sexual display in a penal |
institution when he or she is in the custody of a penal |
institution and knowingly engages in any of the following acts |
while he or she is confined in a penal institution: engages in |
a lewd exposure of the genitals or anus, for the purpose or |
effect of intimidating, harassing, or threatening one whom he |
or she believes to be in the presence or view of such acts. For |
purposes of this Section, "penal institution" does not include |
a facility of the Department of Juvenile Justice or a juvenile |
detention facility. |
(b) Sentence. Lewd sexual display in a penal institution |
is a Class A misdemeanor. A person convicted of a second or |
subsequent violation for lewd sexual display in a penal |
institution is guilty of a Class 4 felony. |
(c) A person charged with a violation of this Section |
shall be eligible for an evaluation for a mental health court |
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program under the Mental Health Court Treatment Act, the |
provisions of Section 20 of that Act notwithstanding, and |
shall be given an eligibility screening and an assessment, |
pursuant to the provisions of Section 25 of the Mental Health |
Court Treatment Act, administered by a qualified mental health |
court professional independent of the penal institution where |
the individual is in custody. |
(d) Notwithstanding the provisions of subsection (e) of |
Section 25 of the Mental Health Court Treatment Act, a person |
who has been charged with a violation of this Section shall not |
be liable for any fines, fees, costs, or restitution unless |
the person fails to successfully complete that person's |
court-ordered mental health court treatment program. |
(e) All charges against a person for a violation of this |
Section shall be dismissed upon the court's determination that |
the person has successfully completed the person's |
court-ordered mental health court treatment program. |
Unwillingness to participate in a court-ordered mental health |
court treatment program may result in prosecution under this |
Section. Failure to complete a mental health treatment court |
program shall have the consequences prescribed by the rules |
and regulations of that treatment court program. |
(f) A person is not guilty of a violation of this Section |
for engaging in the conduct prohibited by this Section, if any |
of the following are true: |
(1) the person is under 18 years of age or not confined |
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to a penal institution; |
(2) the person suffered from a behavioral health issue |
at the time of the prohibited conduct and that behavioral |
health issue was the direct cause for the person having |
engaged in the prohibited conduct; or |
(3) the person was not in the actual presence or view |
of another person. |
(g) This Section is repealed on January 1, 2028.
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(720 ILCS 5/11-9.2-2 new) |
Sec. 11-9.2-2. Lewd sexual display in a penal institution |
annual report; sunset date. |
(a) The Illinois Criminal Justice Information Authority |
shall compile data provided to it pursuant to this Section and |
provide an annual report to the Governor and the General |
Assembly on or before January 1 of each year. The Illinois |
Criminal Justice Information Authority may include findings or |
recommendations in its published annual report. |
(b) The following data shall be provided to the Illinois |
Criminal Justice Information Authority on or before October 1 |
of each year: |
(1) each penal institution shall provide the number of |
persons referred to a county State's Attorney for |
prosecution of a violation of Section 11-9.2-1, the |
demographic data of the referred persons, including, but |
not limited to, age, race, ethnicity, and sex, and any |
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underlying charge or charges upon which the referred |
person is being held in the custody of the penal |
institution; and |
(2) each county State's Attorney shall provide the |
number of persons charged by that State's Attorney for a |
violation of Section 11-9.2-1, the demographic data of the |
charged persons, including, but not limited to, age, race, |
ethnicity, and sex, and the case disposition, or lack |
thereof, of each charged person. |
(c) This Section is repealed on January 1, 2028.
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