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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 2012. Provides that a person commits custodial sexual misconduct when 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 the custody of a law enforcement agency. Provides that any person convicted of violating the offense immediately shall forfeit his or her employment with a law enforcement agency. Makes conforming changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 64-24)

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

Download: Illinois-2017-HB5597-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5597

Introduced , by Rep. Juliana Stratton

SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-9.2

Amends the Criminal Code of 2012. Provides that a person commits custodial sexual misconduct when 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 the custody of a law enforcement agency. Provides that any person convicted of violating the offense immediately shall forfeit his or her employment with a law enforcement agency. Makes conforming changes. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Section 11-9.2 as follows:
6 (720 ILCS 5/11-9.2)
7 Sec. 11-9.2. Custodial sexual misconduct.
8 (a) A person commits custodial sexual misconduct when: (1)
9he or she is an employee of a penal system and engages in
10sexual conduct or sexual penetration with a person who is in
11the custody of that penal system; or (2) he or she is an
12employee of a treatment and detention facility and engages in
13sexual conduct or sexual penetration with a person who is in
14the custody of that treatment and detention facility; or (3) he
15or she is an employee of a law enforcement agency and engages
16in sexual conduct or sexual penetration with a person who is in
17the custody of a law enforcement agency.
18 (b) A probation or supervising officer, surveillance
19agent, or aftercare specialist commits custodial sexual
20misconduct when the probation or supervising officer,
21surveillance agent, or aftercare specialist engages in sexual
22conduct or sexual penetration with a probationer, parolee, or
23releasee or person serving a term of conditional release who is

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1under the supervisory, disciplinary, or custodial authority of
2the officer or agent or employee so engaging in the sexual
3conduct or sexual penetration.
4 (c) Custodial sexual misconduct is a Class 3 felony.
5 (d) Any person convicted of violating this Section
6immediately shall forfeit his or her employment with a law
7enforcement agency, a penal system, treatment and detention
8facility, or conditional release program.
9 (e) In For purposes of this Section, the consent of the
10probationer, parolee, releasee, or inmate in custody of the
11penal system or person detained or civilly committed under the
12Sexually Violent Persons Commitment Act, or person in the
13custody of a law enforcement agency shall not be a defense to a
14prosecution under this Section. A person is deemed incapable of
15consent, for purposes of this Section, when he or she is a
16probationer, parolee, releasee, or inmate in custody of a penal
17system or person detained or civilly committed under the
18Sexually Violent Persons Commitment Act, or a person in the
19custody of a law enforcement agency.
20 (f) This Section does not apply to:
21 (1) Any employee, probation or supervising officer,
22 surveillance agent, or aftercare specialist who is
23 lawfully married to a person in custody if the marriage
24 occurred before the date of custody.
25 (2) Any employee, probation or supervising officer,
26 surveillance agent, or aftercare specialist who has no

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1 knowledge, and would have no reason to believe, that the
2 person with whom he or she engaged in custodial sexual
3 misconduct was a person in custody.
4 (g) In this Section:
5 (0.5) "Aftercare specialist" means any person employed
6 by the Department of Juvenile Justice to supervise and
7 facilitate services for persons placed on aftercare
8 release.
9 (1) "Custody" means:
10 (i) pretrial incarceration or detention;
11 (ii) incarceration or detention under a sentence
12 or commitment to a State or local penal institution;
13 (iii) parole, aftercare release, or mandatory
14 supervised release;
15 (iv) electronic monitoring or home detention;
16 (v) probation;
17 (vi) detention or civil commitment either in
18 secure care or in the community under the Sexually
19 Violent Persons Commitment Act; or .
20 (vii) detained or under arrest by a law enforcement
21 agency.
22 (2) "Penal system" means any system which includes
23 institutions as defined in Section 2-14 of this Code or a
24 county shelter care or detention home established under
25 Section 1 of the County Shelter Care and Detention Home
26 Act.

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1 (2.1) "Treatment and detention facility" means any
2 Department of Human Services facility established for the
3 detention or civil commitment of persons under the Sexually
4 Violent Persons Commitment Act.
5 (2.2) "Conditional release" means a program of
6 treatment and services, vocational services, and alcohol
7 or other drug abuse treatment provided to any person
8 civilly committed and conditionally released to the
9 community under the Sexually Violent Persons Commitment
10 Act;
11 (3) "Employee" means:
12 (i) an employee of any governmental agency of this
13 State or any county or municipal corporation that has
14 by statute, ordinance, or court order the
15 responsibility for the care, control, or supervision
16 of pretrial or sentenced persons in a penal system or
17 persons detained or civilly committed under the
18 Sexually Violent Persons Commitment Act;
19 (ii) a contractual employee of a penal system as
20 defined in paragraph (g)(2) of this Section who works
21 in a penal institution as defined in Section 2-14 of
22 this Code;
23 (iii) a contractual employee of a "treatment and
24 detention facility" as defined in paragraph (g)(2.1)
25 of this Code or a contractual employee of the
26 Department of Human Services who provides supervision

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1 of persons serving a term of conditional release as
2 defined in paragraph (g)(2.2) of this Code.
3 (4) "Sexual conduct" or "sexual penetration" means any
4 act of sexual conduct or sexual penetration as defined in
5 Section 11-0.1 of this Code.
6 (5) "Probation officer" means any person employed in a
7 probation or court services department as defined in
8 Section 9b of the Probation and Probation Officers Act.
9 (6) "Supervising officer" means any person employed to
10 supervise persons placed on parole or mandatory supervised
11 release with the duties described in Section 3-14-2 of the
12 Unified Code of Corrections.
13 (7) "Surveillance agent" means any person employed or
14 contracted to supervise persons placed on conditional
15 release in the community under the Sexually Violent Persons
16 Commitment Act.
17(Source: P.A. 100-431, eff. 8-25-17.)
18 Section 99. Effective date. This Act takes effect upon
19becoming law.
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