90th General Assembly
Summary of HB3697
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House Sponsors:
DART, CROTTY AND MCCARTHY.

Short description: 
SEXUALLY VIOLENT-TECH                                                      

Synopsis of Bill as introduced:
        Amends the Sexually Violent  Persons  Commitment  Act.   Makes  a      
   stylistic change in Section that states that proceedings under the Act      
   are civil in nature.                                                        
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          725 ILCS 207/20                                                      
          Adds reference to:                                                   
          725 ILCS 207/15                                                      
          725 ILCS 207/30                                                      
          740 ILCS 110/9.3 new                                                 
        Deletes everything. Amends the Sexually Violent Persons Commit-        
   ment Act. Provides that when a person is on probation or mandatory          
   supervised release for criminal sexual assault, aggravated criminal         
   sexual assault, predatory criminal sexual assault of a child, or ag-        
   gravated criminal sexual abuse, a petition to have the person adjudged      
   a sexually violent person must be filed within the 90 days prior to         
   the termination date of the person's probation or mandatory supervised      
   release.  Provides that if the person named in the petition  fails  to      
   communicate  with  or  cooperate with an expert from the Department of      
   Human Services, he or she cannot introduce testimony or evidence  from      
   another   expert.    Amends   the   Mental  Health  and  Developmental      
   Disabilities Confidentiality Act to permit the  disclosure  of  mental      
   health  records  without  a  therapist's  consent  under  the Sexually      
   Violent Persons Commitment Act.  Effective immediately.                     
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          20 ILCS 4026/5                                                       
          20 ILCS 4026/10                                                      
          20 ILCS 4026/15                                                      
        Amends the Sex Offender Management Board Act.   Includes  in  the      
   definition  of  "sex  offender"  a  person declared a sexually violent      
   person under the Sexually Violent Persons  Commitment  Act.   Provides      
   that  the  Sex  Offender Management Board shall develop guidelines and      
   standards for a system of programs for the counseling of sex offenders      
   committed to the Department of Human Services.                              
          FISCAL NOTE, AMENDED (Dpt. Corrections)                              
          Corrections population, 59 inmates; fiscal, $35,400,000.             
          CORRECTIONAL NOTE, AMENDED                                           
          No change from DOC fiscal note.                                      
          FISCAL NOTE, AMENDED (Admin. Office of Illinois Courts)              
          There may be an increased expenditure of State funds.                
          JUDICIAL NOTE, AMENDED                                               
          There may be a minimal increase in judicial workloads.               
        HOUSE AMENDMENT NO. 3.                                                 
          Adds reference to:                                                   
          730 ILCS 5/5-4-3                from Ch. 38, par. 1005-4-3           
        Deletes everything.  Reinserts the Bill, as amended, by House          
   Amendments  Nos.  1 and 2 with the following changes.  Provides that a      
   petition to have a person adjudged a sexually violent person  must  be      
   filed  within  30  days  of  the  person's  placement  onto  parole or      
   mandatory supervised release for a sexually violent offense.   Deletes      
   provisions  that  if  the Attorney General does not file a petition to      
   have a person adjudged a sexually violent person, the State's Attorney      
   of the county in which the person will reside or be placed upon his or      
   her release from  imprisonment  or  entry  into  mandatory  supervised      
   release  from  a  Department  of  Corrections correctional facility or      
   juvenile correctional facility or from a commitment order may file the      
   petition.  Amends  the  Unified  Code   of   Corrections.    Transfers      
   responsibility   for   enforcing   the  provisions  requiring  persons      
   convicted of, found delinquent for, or  who  receive  dispositions  of      
   court  supervision  to submit blood specimens for genetic marking from      
   the court to the Department of State Police.  Also provides  that  the      
   failure  of  the  offender  to  comply  with  the  collection of blood      
   specimens is a Class A misdemeanor (rather than  contempt  of  court).      
   Effective immediately.                                                      
          FISCAL NOTE, H-AM 3 (Dpt. Corrections)                               
          Corrections population and fiscal impact would be minimal.           
          CORRECTIONAL NOTE, H-AM 3                                            
          No change from DOC fiscal note, H-am 3.                              
          FISCAL NOTE, H-AM 3 (Admin. Office of Illinois Courts)               
          There may be an increased expenditure of State funds from the        
          expansion of the category of individuals affected.                   
          HOME RULE NOTE, H-AM 3                                               
          Contains no language preempting home rule authority.                 
 
Last action on Bill: SESSION SINE DIE

   Last action date: 99-01-12

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   0


   END OF INQUIRY 
                                                                               



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