Public Act 100-0693
 
HB5597 EnrolledLRB100 20683 SLF 36138 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Criminal Code of 2012 is amended  by changing 
Section 11-9.2 as follows:
 


    (720 ILCS 5/11-9.2)



    Sec. 11-9.2. Custodial sexual misconduct. 

    (a) A person commits custodial sexual misconduct
when: (1) 
he or
she is an employee of a penal system and engages in 
sexual conduct or sexual
penetration with a person who is in 
the custody of that penal system; or (2)
he or she is an 
employee of a treatment and detention facility and engages in

sexual conduct or sexual penetration with a person who is in 
the custody of
that
treatment and detention facility; or (3) he 
or she is an employee of a law enforcement agency and engages 
in sexual conduct or sexual penetration with a person who is in 
the custody of a law enforcement agency or employee.

    (b) A probation or supervising officer, surveillance 
agent, or aftercare specialist commits custodial
sexual 
misconduct when the probation or supervising officer, 
surveillance
agent, or aftercare specialist engages in sexual

conduct or sexual penetration with a probationer, parolee, or 
releasee or
person serving a term of conditional release who is

under the supervisory, disciplinary, or custodial authority of 
the
officer or agent or employee so
engaging in the sexual 
conduct or sexual penetration.

    (c) Custodial sexual misconduct is a Class 3 felony.

    (d) Any person convicted of violating this Section 
immediately shall forfeit
his or her employment with a law 
enforcement agency, a penal system, treatment and detention 
facility,
or conditional release program.

    (e) In For purposes of this Section, the consent of the 
probationer, parolee,
releasee, or inmate in custody of the 
penal system or person detained or
civilly committed under the 
Sexually Violent Persons Commitment Act, or person in the 
custody of a law enforcement agency or employee
shall not be a 
defense to a
prosecution under this Section.  A person is deemed 
incapable of consent, for
purposes of this Section, when he or 
she is a probationer, parolee, releasee,
or inmate in custody 
of a penal system or person detained or civilly
committed under 
the Sexually Violent Persons Commitment Act, or a person in the 
custody of a law enforcement agency or employee.

    (f) This Section does not apply to:

        (1) Any employee, probation or supervising officer, 
    surveillance
agent, or aftercare specialist who is 
    lawfully
married to a person in custody if the marriage 
    occurred before the date of
custody.

        (2) Any employee, probation or supervising officer, 
    surveillance
agent, or aftercare specialist who has no 
    knowledge,
and would have no reason to believe, that the 
    person with whom he or she
engaged in custodial sexual 
    misconduct was a person in custody.

    (g) In this Section:

        (0.5) "Aftercare specialist" means any person employed 
    by the Department of Juvenile Justice to supervise and 
    facilitate services for persons placed on aftercare 
    release. 
        (1) "Custody" means:

            (i) pretrial incarceration or detention;

            (ii) incarceration or detention under a sentence 
        or commitment to a
State or local penal institution;

            (iii) parole, aftercare release, or mandatory 
        supervised release;

            (iv) electronic monitoring or home detention;

            (v) probation;

            (vi) detention or civil commitment either in 
        secure care or in the
community under the Sexually 
        Violent Persons Commitment Act; or .

            (vii) detained or under arrest by a law enforcement 
        agency or employee. 
        (2) "Penal system" means any system which includes 
    institutions as defined
in Section 2-14 of this Code or a 
    county shelter care or detention home
established under 
    Section 1 of the County Shelter Care and Detention Home 
    Act.

        (2.1) "Treatment and detention facility" means any 
    Department of Human
Services facility established for the 
    detention or civil commitment of persons
under the Sexually 
    Violent Persons Commitment Act.

        (2.2) "Conditional release" means a program of 
    treatment and services,
vocational services, and alcohol 
    or other drug abuse treatment provided to any
person 
    civilly committed and conditionally released to the 
    community under
the Sexually Violent Persons Commitment 
    Act;

        (3) "Employee" means:

            (i) an employee of any governmental agency of this 
        State or any county
or
municipal corporation that has 
        by statute, ordinance, or court order the

        responsibility for the care, control, or supervision 
        of pretrial or sentenced
persons in a penal system or 
        persons detained or civilly committed under the

        Sexually Violent Persons Commitment Act;

            (ii) a contractual employee of a penal system as 
        defined in paragraph
(g)(2) of
this Section who works 
        in a penal institution as defined in Section 2-14 of

        this Code;

            (iii)  a contractual employee of a "treatment and 
        detention facility"
as defined in paragraph (g)(2.1) 
        of this Code or a contractual employee of the

        Department of Human Services who provides supervision 
        of persons serving a
term of conditional release as 
        defined in paragraph (g)(2.2) of this Code; or .

            (iv) an employee of a law enforcement agency. 
        (3.5) "Law enforcement agency" means an agency of the 
    State or of a unit of local government charged with 
    enforcement of State, county, or municipal laws or with 
    managing custody of detained persons in the State, but not 
    including a State's Attorney. 
        (4) "Sexual conduct" or "sexual penetration" means any 
    act of sexual
conduct or sexual penetration as defined in 
    Section 11-0.1 of this Code.

        (5) "Probation officer" means any person employed in a 
    probation or court
services department as defined in 
    Section 9b of the Probation and Probation
Officers Act.

        (6) "Supervising officer" means any person employed to 
    supervise persons
placed on parole or mandatory supervised 
    release with the duties described in
Section 3-14-2 of the 
    Unified Code of Corrections.

        (7) "Surveillance agent" means any person employed or 
    contracted to
supervise persons placed on conditional 
    release in the community under
the Sexually Violent Persons 
    Commitment Act.

(Source: P.A. 100-431, eff. 8-25-17.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.