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| Public Act 103-0283 | ||||
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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: | ||||
(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 | ||||
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 | ||
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. | ||
(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 | ||
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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