HB 1399

Abstract

Amends the Criminal Code of 2012. Creates the offense of lewd sexual display in a penal institution. Provides that a person commits the offense 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 body or sex organs, anus, or breast, 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. Excludes from the definition of "penal Institution" a facility of the Department of Juvenile Justice or a juvenile detention facility. Provides that lewd sexual display in a penal institution is a Class A misdemeanor, except that a person convicted of a third or subsequent violation is guilty of a Class 4 felony. Provides that the Illinois Criminal Justice Information Authority shall compile certain data provided to it and provide an annual report to the Governor and the General Assembly on or before January 1 of each year. Provides that the Illinois Criminal Justice Information Authority may include findings or recommendations in its published annual report. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a third violation of lewd sexual display in a penal institution committed on or after the effective date of the amendatory Act and before January 1, 2030. Provides that a person convicted of a third violation of lewd sexual display in a penal institution, committed on or after the effective date of the amendatory Act and before January 1, 2030, who is required to register under the Act shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, and if confined, for a period of 10 years after parole, discharge, or release from any such facility. Repeals the Sections creating the offense of and reporting requirements regarding lewd sexual display in a penal institution on January 1, 2030. House Floor Amendment No. 1 Deletes reference to: 730 ILCS 150/2 730 ILCS 150/7 Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Reinserts the provisions of the introduced bill. Provides that a person commits the offense of 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 (rather than of the body or sex organs, anus, or breast), 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. Provides that a person convicted of a second (rather than third) or subsequent violation for lewd sexual display in a penal institution is guilty of a Class 4 felony. Deletes provision that unwillingness or failure to successfully complete a court-ordered mental health court treatment program shall result in a conviction and the convicted person shall be subject to the penalties for the offense. Provides that unwillingness to participate in a court-ordered mental health court treatment program may result in prosecution for the offense. Provides that failure to complete a mental health treatment court program shall have the consequences prescribed by the rules and regulations of that treatment court program. Changes the date of repeal of the provisions from January 1, 2030 to January 1, 2028. Provides that the annual report shall list the race and ethnicity of persons referred for prosecution or charged with lewd sexual display in a penal institution. Deletes the amendatory changes to the Sex Offender Registration Act.