SB 394

Abstract

Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer; confidential informants, pretrial defendants or posttrial offenders; penalty. Provides that an accused is guilty of carnal knowledge of a person serving as a confidential informant, defined in the bill, if he (i) is a law-enforcement officer; (ii) knows that such person is serving as a confidential informant for the law-enforcement agency where such officer is employed; and (iii) carnally knows, without use of force, threat, or intimidation, such confidential informant while such person is serving as a confidential informant or is expected to testify in a criminal case for which the confidential informant assisted the law-enforcement agency with its investigation. The bill provides that such offense is a Class 6 felony. The bill also provides that an accused is guilty of sexual battery if he sexually abuses (a) a person detained or arrested by a law-enforcement officer and the accused is a law-enforcement officer, (b) a pretrial defendant or posttrial offender and the accused is an owner or employee of the bail company that posted the pretrial defendant's or posttrial offender's bond, or (c) a person serving as a confidential informant and the accused is a law-enforcement officer. Current law provides that sexual battery is a Class 1 misdemeanor for a first offense and a Class 6 felony for a third or subsequent offense.

Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer, confidential informants, pretrial defendants or posttrial offenders; penalty. Provides that an accused is guilty of carnal knowledge of a person serving as a confidential informant, defined in the bill, if he (i) is a law-enforcement officer; (ii) knows that such person is serving as a confidential informant for the law-enforcement agency where such officer is employed; and (iii) carnally knows, without use of force, threat, or intimidation, such confidential informant while such person is serving as a confidential informant or is expected to testify in a criminal case for which the confidential informant assisted the law-enforcement agency with its investigation. The bill provides that such offense is a Class 6 felony. The bill also provides that an accused is guilty of sexual battery if he sexually abuses (a) a person detained or arrested by a law-enforcement officer and the accused is law-enforcement officer, (b) a pretrial defendant or posttrial offender and the accused is an owner or employee of the bail company that posted the pretrial defendant's or posttrial offender's bond, or (c) a person serving as a confidential informant and the accused is a law-enforcement officer. Current law provides that sexual battery is a Class 1 misdemeanor for a first offense and a Class 6 felony for a third or subsequent offense.

Carnal knowledge and sexual battery; personsdetained or arrested by a law-enforcement officer, confidential informants,pretrial defendants or posttrial offenders; penalty. Providesthat an accused is guilty of carnal knowledge of a person servingas a confidential informant if he (i) is a law-enforcement officer;(ii) is in a position of authority over the person serving as a confidentialinformant; (iii) knows that such person is serving as a confidentialinformant for a private, local, or state law-enforcement agency;and (iv) carnally knows, without use of force, threat, or intimidation,a person serving as a confidential informant. The bill provides thatsuch offense is a Class 6 felony. Thebill also provides an accused is guilty of sexual battery if he sexuallyabuses (a) a person detained or arrested by a law-enforcement officerand the accused is law-enforcement officer, (b) a pretrial defendantor posttrial offender and the accused is an owner or employee ofthe bail company that posted the pretrial defendant's or posttrialoffender's bond, or (c) a person serving as a confidential informantand the accused is a law-enforcement officer. Current law providesthat sexual battery is a Class 1 misdemeanor for a first offenseand a Class 6 felony for a third or subsequent offense.