Bill Amendment: IL HB5597 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CUSTODIAL SEXUAL MISCONDUCT

Status: 2018-08-03 - Public Act . . . . . . . . . 100-0693 [HB5597 Detail]

Download: Illinois-2017-HB5597-House_Amendment_001.html

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Rep. Juliana Stratton

Filed: 4/6/2018

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AMENDMENT TO HOUSE BILL 5597
AMENDMENT NO. ______. Amend House Bill 5597 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Section 11-9.2 as follows:
(720 ILCS 5/11-9.2)
Sec. 11-9.2. Custodial sexual misconduct.
(a) A person commits custodial sexual misconduct when: (1)
he or she is an employee of a penal system and engages in
sexual conduct or sexual penetration with a person who is in
the custody of that penal system; or (2) he or she is an
employee of a treatment and detention facility and engages in
sexual conduct or sexual penetration with a person who is in
the custody of that treatment and detention facility; or (3) he
or she is an employee of a law enforcement agency and engages
in sexual conduct or sexual penetration with a person who is in

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the custody of a law enforcement agency or employee.
(b) A probation or supervising officer, surveillance
agent, or aftercare specialist commits custodial sexual
misconduct when the probation or supervising officer,
surveillance agent, or aftercare specialist engages in sexual
conduct or sexual penetration with a probationer, parolee, or
releasee or person serving a term of conditional release who is
under the supervisory, disciplinary, or custodial authority of
the officer or agent or employee so engaging in the sexual
conduct or sexual penetration.
(c) Custodial sexual misconduct is a Class 3 felony.
(d) Any person convicted of violating this Section
immediately shall forfeit his or her employment with a law
enforcement agency, a penal system, treatment and detention
facility, or conditional release program.
(e) In For purposes of this Section, the consent of the
probationer, parolee, releasee, or inmate in custody of the
penal system or person detained or civilly committed under the
Sexually Violent Persons Commitment Act, or person in the
custody of a law enforcement agency or employee shall not be a
defense to a prosecution under this Section. A person is deemed
incapable of consent, for purposes of this Section, when he or
she is a probationer, parolee, releasee, or inmate in custody
of a penal system or person detained or civilly committed under
the Sexually Violent Persons Commitment Act, or a person in the
custody of a law enforcement agency or employee.

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(f) This Section does not apply to:
(1) Any employee, probation or supervising officer,
surveillance agent, or aftercare specialist who is
lawfully married to a person in custody if the marriage
occurred before the date of custody.
(2) Any employee, probation or supervising officer,
surveillance agent, or aftercare specialist who has no
knowledge, and would have no reason to believe, that the
person with whom he or she engaged in custodial sexual
misconduct was a person in custody.
(g) In this Section:
(0.5) "Aftercare specialist" means any person employed
by the Department of Juvenile Justice to supervise and
facilitate services for persons placed on aftercare
release.
(1) "Custody" means:
(i) pretrial incarceration or detention;
(ii) incarceration or detention under a sentence
or commitment to a State or local penal institution;
(iii) parole, aftercare release, or mandatory
supervised release;
(iv) electronic monitoring or home detention;
(v) probation;
(vi) detention or civil commitment either in
secure care or in the community under the Sexually
Violent Persons Commitment Act; or .

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(vii) detained or under arrest by a law enforcement
agency or employee.
(2) "Penal system" means any system which includes
institutions as defined in Section 2-14 of this Code or a
county shelter care or detention home established under
Section 1 of the County Shelter Care and Detention Home
Act.
(2.1) "Treatment and detention facility" means any
Department of Human Services facility established for the
detention or civil commitment of persons under the Sexually
Violent Persons Commitment Act.
(2.2) "Conditional release" means a program of
treatment and services, vocational services, and alcohol
or other drug abuse treatment provided to any person
civilly committed and conditionally released to the
community under the Sexually Violent Persons Commitment
Act;
(3) "Employee" means:
(i) an employee of any governmental agency of this
State or any county or municipal corporation that has
by statute, ordinance, or court order the
responsibility for the care, control, or supervision
of pretrial or sentenced persons in a penal system or
persons detained or civilly committed under the
Sexually Violent Persons Commitment Act;
(ii) a contractual employee of a penal system as

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defined in paragraph (g)(2) of this Section who works
in a penal institution as defined in Section 2-14 of
this Code;
(iii) a contractual employee of a "treatment and
detention facility" as defined in paragraph (g)(2.1)
of this Code or a contractual employee of the
Department of Human Services who provides supervision
of persons serving a term of conditional release as
defined in paragraph (g)(2.2) of this Code; or .
(iv) an employee of a law enforcement agency.
(4.5) "Law enforcement agency" means an agency of the
State or of a unit of local government charged with
enforcement of State, county, or municipal laws or with
managing custody of detained persons in the State, but not
including a State's Attorney.
(4) "Sexual conduct" or "sexual penetration" means any
act of sexual conduct or sexual penetration as defined in
Section 11-0.1 of this Code.
(5) "Probation officer" means any person employed in a
probation or court services department as defined in
Section 9b of the Probation and Probation Officers Act.
(6) "Supervising officer" means any person employed to
supervise persons placed on parole or mandatory supervised
release with the duties described in Section 3-14-2 of the
Unified Code of Corrections.
(7) "Surveillance agent" means any person employed or

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contracted to supervise persons placed on conditional
release in the community under the Sexually Violent Persons
Commitment Act.
(Source: P.A. 100-431, eff. 8-25-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.".