Sen. Elgie R. Sims, Jr.
Filed: 3/14/2018
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1 | AMENDMENT TO SENATE BILL 3500
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2 | AMENDMENT NO. ______. Amend Senate Bill 3500 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 11-9.2 as follows:
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6 | (720 ILCS 5/11-9.2)
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7 | Sec. 11-9.2. Custodial sexual misconduct.
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8 | (a) A person commits custodial sexual misconduct
when: (1) | ||||||
9 | he or
she is an employee of a penal system and engages in | ||||||
10 | sexual conduct or sexual
penetration with a person who is in | ||||||
11 | the custody of that penal system or (2)
he or she is an | ||||||
12 | employee of a treatment and detention facility and engages in
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13 | sexual conduct or sexual penetration with a person who is in | ||||||
14 | the custody of
that
treatment and detention facility ; or (3) he | ||||||
15 | or she is a law enforcement officer and engages in sexual | ||||||
16 | conduct or sexual penetration with a person who is detained or |
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1 | in custody of law enforcement .
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2 | (b) A probation or supervising officer, surveillance | ||||||
3 | agent, or aftercare specialist commits custodial
sexual | ||||||
4 | misconduct when the probation or supervising officer, | ||||||
5 | surveillance
agent, or aftercare specialist engages in sexual
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6 | conduct or sexual penetration with a probationer, parolee, or | ||||||
7 | releasee or
person serving a term of conditional release who is
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8 | under the supervisory, disciplinary, or custodial authority of | ||||||
9 | the
officer or agent or employee so
engaging in the sexual | ||||||
10 | conduct or sexual penetration.
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11 | (c) Custodial sexual misconduct is a Class 3 felony.
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12 | (d) Any person convicted of violating this Section | ||||||
13 | immediately shall forfeit
his or her employment with a penal | ||||||
14 | system, treatment and detention facility,
or conditional | ||||||
15 | release program , or law enforcement agency .
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16 | (e) For purposes of this Section, the consent of the | ||||||
17 | probationer, parolee,
releasee, or inmate in custody of the | ||||||
18 | penal system or person detained or
civilly committed under the | ||||||
19 | Sexually Violent Persons Commitment Act , or a person who is | ||||||
20 | detained or in custody of law enforcement
shall not be a | ||||||
21 | defense to a
prosecution under this Section. A person is deemed | ||||||
22 | incapable of consent, for
purposes of this Section, when he or | ||||||
23 | she is a probationer, parolee, releasee,
or inmate in custody | ||||||
24 | of a penal system or person detained or civilly
committed under | ||||||
25 | the Sexually Violent Persons Commitment Act , or a person who is | ||||||
26 | detained or in custody of law enforcement .
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1 | (f) This Section does not apply to:
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2 | (1) Any employee, probation or supervising officer, | ||||||
3 | surveillance
agent, or aftercare specialist who is | ||||||
4 | lawfully
married to a person in custody if the marriage | ||||||
5 | occurred before the date of
custody.
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6 | (2) Any employee, probation or supervising officer, | ||||||
7 | surveillance
agent, or aftercare specialist who has no | ||||||
8 | knowledge,
and would have no reason to believe, that the | ||||||
9 | person with whom he or she
engaged in custodial sexual | ||||||
10 | misconduct was a person in custody.
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11 | (g) In this Section:
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12 | (0.5) "Aftercare specialist" means any person employed | ||||||
13 | by the Department of Juvenile Justice to supervise and | ||||||
14 | facilitate services for persons placed on aftercare | ||||||
15 | release. | ||||||
16 | (1) "Custody" means:
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17 | (i) pretrial incarceration or detention;
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18 | (ii) incarceration or detention under a sentence | ||||||
19 | or commitment to a
State or local penal institution;
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20 | (iii) parole, aftercare release, or mandatory | ||||||
21 | supervised release;
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22 | (iv) electronic monitoring or home detention;
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23 | (v) probation;
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24 | (vi) detention or civil commitment either in | ||||||
25 | secure care or in the
community under the Sexually | ||||||
26 | Violent Persons Commitment Act ; or . |
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1 | (vii) a person who is detained or in custody of law | ||||||
2 | enforcement.
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3 | (2) "Penal system" means any system which includes | ||||||
4 | institutions as defined
in Section 2-14 of this Code or a | ||||||
5 | county shelter care or detention home
established under | ||||||
6 | Section 1 of the County Shelter Care and Detention Home | ||||||
7 | Act.
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8 | (2.1) "Treatment and detention facility" means any | ||||||
9 | Department of Human
Services facility established for the | ||||||
10 | detention or civil commitment of persons
under the Sexually | ||||||
11 | Violent Persons Commitment Act.
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12 | (2.2) "Conditional release" means a program of | ||||||
13 | treatment and services,
vocational services, and alcohol | ||||||
14 | or other drug abuse treatment provided to any
person | ||||||
15 | civilly committed and conditionally released to the | ||||||
16 | community under
the Sexually Violent Persons Commitment | ||||||
17 | Act;
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18 | (2.3) "Detained or in custody of law enforcement" means | ||||||
19 | detained or in custody of a law enforcement officer or the | ||||||
20 | law enforcement agency that employs the officer. | ||||||
21 | (3) "Employee" means:
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22 | (i) an employee of any governmental agency of this | ||||||
23 | State or any county
or
municipal corporation that has | ||||||
24 | by statute, ordinance, or court order the
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25 | responsibility for the care, control, or supervision | ||||||
26 | of pretrial or sentenced
persons in a penal system or |
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1 | persons detained or civilly committed under the
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2 | Sexually Violent Persons Commitment Act;
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3 | (ii) a contractual employee of a penal system as | ||||||
4 | defined in paragraph
(g)(2) of
this Section who works | ||||||
5 | in a penal institution as defined in Section 2-14 of
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6 | this Code;
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7 | (iii) a contractual employee of a "treatment and | ||||||
8 | detention facility"
as defined in paragraph (g)(2.1) | ||||||
9 | of this Code or a contractual employee of the
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10 | Department of Human Services who provides supervision | ||||||
11 | of persons serving a
term of conditional release as | ||||||
12 | defined in paragraph (g)(2.2) of this Code.
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13 | (4) "Sexual conduct" or "sexual penetration" means any | ||||||
14 | act of sexual
conduct or sexual penetration as defined in | ||||||
15 | Section 11-0.1 of this Code.
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16 | (5) "Probation officer" means any person employed in a | ||||||
17 | probation or court
services department as defined in | ||||||
18 | Section 9b of the Probation and Probation
Officers Act.
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19 | (6) "Supervising officer" means any person employed to | ||||||
20 | supervise persons
placed on parole or mandatory supervised | ||||||
21 | release with the duties described in
Section 3-14-2 of the | ||||||
22 | Unified Code of Corrections.
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23 | (7) "Surveillance agent" means any person employed or | ||||||
24 | contracted to
supervise persons placed on conditional | ||||||
25 | release in the community under
the Sexually Violent Persons | ||||||
26 | Commitment Act.
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1 | (Source: P.A. 100-431, eff. 8-25-17.)".
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