Bill Amendment: IL HB1399 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM CD-LEWD SEXUAL DISPLAY

Status: 2023-07-28 - Public Act . . . . . . . . . 103-0283 [HB1399 Detail]

Download: Illinois-2023-HB1399-House_Amendment_001.html

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Rep. Natalie A. Manley

Filed: 3/14/2023

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AMENDMENT TO HOUSE BILL 1399
AMENDMENT NO. ______. Amend House Bill 1399 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by adding
Sections 11-9.2-1 and 11-9.2-2 as follows:
(720 ILCS 5/11-9.2-1 new)
Sec. 11-9.2-1. Lewd sexual display in a penal institution.
(a) A person commits 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, 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. For
purposes of this Section, "penal institution" does not include
a facility of the Department of Juvenile Justice or a juvenile

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detention facility.
(b) Sentence. Lewd sexual display in a penal institution
is a Class A misdemeanor. A person convicted of a second or
subsequent violation for lewd sexual display in a penal
institution is guilty of a Class 4 felony.
(c) A person charged with a violation of this Section
shall be eligible for an evaluation for a mental health court
program under the Mental Health Court Treatment Act, the
provisions of Section 20 of that Act notwithstanding, and
shall be given an eligibility screening and an assessment,
pursuant to the provisions of Section 25 of the Mental Health
Court Treatment Act, administered by a qualified mental health
court professional independent of the penal institution where
the individual is in custody.
(d) Notwithstanding the provisions of subsection (e) of
Section 25 of the Mental Health Court Treatment Act, a person
who has been charged with a violation of this Section shall not
be liable for any fines, fees, costs, or restitution unless
the person fails to successfully complete that person's
court-ordered mental health court treatment program.
(e) All charges against a person for a violation of this
Section shall be dismissed upon the court's determination that
the person has successfully completed the person's
court-ordered mental health court treatment program.
Unwillingness to participate in a court-ordered mental health
court treatment program may result in prosecution under this

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Section. Failure to complete a mental health treatment court
program shall have the consequences prescribed by the rules
and regulations of that treatment court program.
(f) A person is not guilty of a violation of this Section
for engaging in the conduct prohibited by this Section, if any
of the following are true:
(1) the person is under 18 years of age or not confined
to a penal institution;
(2) the person suffered from a behavioral health issue
at the time of the prohibited conduct and that behavioral
health issue was the direct cause for the person having
engaged in the prohibited conduct; or
(3) the person was not in the actual presence or view
of another person.
(g) This Section is repealed on January 1, 2028.
(720 ILCS 5/11-9.2-2 new)
Sec. 11-9.2-2. Lewd sexual display in a penal institution
annual report; sunset date.
(a) The Illinois Criminal Justice Information Authority
shall compile data provided to it pursuant to this Section and
provide an annual report to the Governor and the General
Assembly on or before January 1 of each year. The Illinois
Criminal Justice Information Authority may include findings or
recommendations in its published annual report.
(b) The following data shall be provided to the Illinois

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Criminal Justice Information Authority on or before October 1
of each year:
(1) each penal institution shall provide the number of
persons referred to a county State's Attorney for
prosecution of a violation of Section 11-9.2-1, the
demographic data of the referred persons, including, but
not limited to, age, race, ethnicity, and sex, and any
underlying charge or charges upon which the referred
person is being held in the custody of the penal
institution; and
(2) each county State's Attorney shall provide the
number of persons charged by that State's Attorney for a
violation of Section 11-9.2-1, the demographic data of the
charged persons, including, but not limited to, age, race,
ethnicity, and sex, and the case disposition, or lack
thereof, of each charged person.
(c) This Section is repealed on January 1, 2028.".