HB 5490

  • Illinois House Bill
  • 102nd Regular Session
  • Introduced in House Mar 07, 2022
  • Passed House Mar 04, 2022
  • Senate
  • Governor

Crim Cd&Crim Pro-Sex Offense

Abstract

Amends the Criminal Code of 2012. Provides that when the victim is under 18 years of age at the time of the offense or a person with a disability, a prosecution for grooming may be commenced within 10 years after the discovery of such an offense by a person or agency having the legal duty to report the offense or in the absence of such discovery, within 10 years after the proper prosecuting officer becomes aware of the offense. In the definition provisions of the Sex Offenses Article of the Code, includes "sibling" in the definition of "family member" and includes in the definition of "unconscious of the nature of the act", incapable of resisting because the victim was asleep, unconscious, or surprised such that the victim could not give voluntary, intelligent, and knowing agreement to the sexual act. In the definition of "family member" deletes provision that if the victim is a child under 18 years of age, an accused must have resided in the household with the child continuously for at least 6 months. Provides that a person also commits grooming when he or she knowingly engages in a pattern of conduct that entices, persuades, induces, or coerces a child to engage or participate in criminal sexual activity or is for the purpose of sexual gratification or arousal of the victim, the accused, or another. Increases the penalty for grooming from a Class 4 to a Class 3 felony. Changes references in the Code from "child pornography" to "child sexual abuse images". Defines "pattern" and "sexual activity". Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability), involving the use of a facility dog in any criminal proceeding (rather than in a prosecution of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, or any violent crime). Makes changes concerning the admissibility of evidence in prosecutions for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons. House Floor Amendment No. 1 Adds reference to: 20 ILCS 4026/10 110 ILCS 57/5 225 ILCS 10/3.3 325 ILCS 5/4.5 325 ILCS 5/11.1 from Ch. 23, par. 2061.1 325 ILCS 15/3 from Ch. 23, par. 2083 325 ILCS 40/2 from Ch. 23, par. 2252 325 ILCS 47/10 705 ILCS 135/15-70 705 ILCS 405/3-40 725 ILCS 5/124B-10 725 ILCS 5/124B-100 725 ILCS 5/124B-420 725 ILCS 5/124B-500 725 ILCS 215/2 from Ch. 38, par. 1702 725 ILCS 215/3 from Ch. 38, par. 1703 730 ILCS 5/3-1-2 from Ch. 38, par. 1003-1-2 730 ILCS 5/3-12.5-10 730 ILCS 5/5-5-3 730 ILCS 5/5-5-3.2 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 730 ILCS 5/5-9-1.7 from Ch. 38, par. 1005-9-1.7 730 ILCS 5/5-9-1.8 730 ILCS 150/2 from Ch. 38, par. 222 740 ILCS 128/10 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, except: (1) changes the statute of limitations for grooming to provide that when the victim is under 17 years of age at the time of the offense or is a person with a disability, a prosecution for grooming may be commenced within 10 years after the victim or the person with a disability attains 17 years of age; (2) changes the name of the offenses of child sexual abuse material and aggravated child sexual abuse material to child sexual abuse material and aggravated child sexual abuse material; (3) retains the Class 4 felony penalty for grooming; (4) deletes references to criminal transmission of HIV in various statutes; (5) in the definitions provisions of the Sex Offenses Article of the Criminal Code of 2012, provides that "family member" also means, if the victim is a child under 18 years of age, an accused who has resided in the household with the child continuously for at least 3 (rather than 6) months; (6) provides that a person also commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older; provides that a violation is a Class 4 felony for a first offense; and a Class 3 felony for a second or subsequent offense, or if the person has been previously convicted of a sex offense; and (7) amends various Acts to change references to "child pornography" to "child sexual abuse material".

Bill Sponsors (17)

Votes


Actions


Jan 10, 2023

House

Session Sine Die

Dec 31, 2022

Senate

Alternate Chief Sponsor Changed to Sen. Don Harmon

Apr 18, 2022

Senate

Added as Alternate Co-Sponsor Sen. Jacqueline Y. Collins

Mar 31, 2022

Senate

Added as Alternate Co-Sponsor Sen. Neil Anderson

Mar 30, 2022

Senate

Added as Alternate Co-Sponsor Sen. Steve McClure

Mar 23, 2022

Senate

Added as Alternate Co-Sponsor Sen. Laura M. Murphy

Senate

Added as Alternate Chief Co-Sponsor Sen. Jil Tracy

Mar 07, 2022

Senate

Placed on Calendar Order of First Reading

Senate

Referred to Assignments

Senate

First Reading

Senate

Chief Senate Sponsor Sen. Melinda Bush

Senate

Arrive in Senate

Mar 04, 2022

House

Added Co-Sponsor Rep. Lakesia Collins

House

House Floor Amendment No. 1 Adopted

House

Placed on Calendar Order of 3rd Reading - Short Debate

House

Third Reading - Short Debate - Passed 104-000-000

House

Added Co-Sponsor Rep. Denyse Wang Stoneback

House

Added Co-Sponsor Rep. Justin Slaughter

House

Added Chief Co-Sponsor Rep. Joyce Mason

House

Added Chief Co-Sponsor Rep. Lakesia Collins

House

Removed Co-Sponsor Rep. Lakesia Collins

House

Added Co-Sponsor Rep. Amy Elik

House

Added Co-Sponsor Rep. Dan Caulkins

Mar 03, 2022

House

Added Chief Co-Sponsor Rep. Tony McCombie

House

House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 019-000-000

Mar 02, 2022

House

House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee

House

Held on Calendar Order of Second Reading - Short Debate

House

Second Reading - Short Debate

Mar 01, 2022

House

House Floor Amendment No. 1 Referred to Rules Committee

House

House Floor Amendment No. 1 Filed with Clerk by Rep. Lindsey LaPointe

Feb 16, 2022

House

Added Co-Sponsor Rep. Chris Bos

House

Placed on Calendar 2nd Reading - Short Debate

House

Added Co-Sponsor Rep. Anne Stava-Murray

Feb 15, 2022

House

Do Pass / Short Debate Judiciary - Criminal Committee; 019-000-000

Feb 09, 2022

House

Assigned to Judiciary - Criminal Committee

Feb 01, 2022

House

Added Chief Co-Sponsor Rep. Kelly M. Cassidy

Jan 31, 2022

House

First Reading

House

Referred to Rules Committee

Jan 28, 2022

House

Filed with the Clerk by Rep. Lindsey LaPointe

Bill Text

Bill Text Versions Format
Introduced HTML PDF
Engrossed HTML PDF
House Amendment 001 HTML PDF

Related Documents

Document Format
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Sources

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