Bill Text: IL HB0804 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning obstructing justice.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0370 [HB0804 Detail]

Download: Illinois-2013-HB0804-Amended.html

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Sen. Ira I. Silverstein

Filed: 5/2/2013

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AMENDMENT TO HOUSE BILL 804
AMENDMENT NO. ______. Amend House Bill 804 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Section 11-0.1 and by adding Section 11-9.1B as
follows:
(720 ILCS 5/11-0.1)
Sec. 11-0.1. Definitions. In this Article, unless the
context clearly requires otherwise, the following terms are
defined as indicated:
"Accused" means a person accused of an offense prohibited
by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
this Code or a person for whose conduct the accused is legally
responsible under Article 5 of this Code.
"Adult obscenity or child pornography Internet site". See
Section 11-23.

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"Advance prostitution" means:
(1) Soliciting for a prostitute by performing any of
the following acts when acting other than as a prostitute
or a patron of a prostitute:
(A) Soliciting another for the purpose of
prostitution.
(B) Arranging or offering to arrange a meeting of
persons for the purpose of prostitution.
(C) Directing another to a place knowing the
direction is for the purpose of prostitution.
(2) Keeping a place of prostitution by controlling or
exercising control over the use of any place that could
offer seclusion or shelter for the practice of prostitution
and performing any of the following acts when acting other
than as a prostitute or a patron of a prostitute:
(A) Knowingly granting or permitting the use of the
place for the purpose of prostitution.
(B) Granting or permitting the use of the place
under circumstances from which he or she could
reasonably know that the place is used or is to be used
for purposes of prostitution.
(C) Permitting the continued use of the place after
becoming aware of facts or circumstances from which he
or she should reasonably know that the place is being
used for purposes of prostitution.
"Agency". See Section 11-9.5.

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"Arranges". See Section 11-6.5.
"Bodily harm" means physical harm, and includes, but is not
limited to, sexually transmitted disease, pregnancy, and
impotence.
"Care and custody". See Section 11-9.5.
"Child care institution". See Section 11-9.3.
"Child pornography". See Section 11-20.1.
"Child sex offender". See Section 11-9.3.
"Community agency". See Section 11-9.5.
"Conditional release". See Section 11-9.2.
"Consent". See Section 11-1.70.
"Custody". See Section 11-9.2.
"Day care center". See Section 11-9.3.
"Depict by computer". See Section 11-20.1.
"Depiction by computer". See Section 11-20.1.
"Disseminate". See Section 11-20.1.
"Distribute". See Section 11-21.
"Family member" means a parent, grandparent, child, aunt,
uncle, great-aunt, or great-uncle, whether by whole blood,
half-blood, or adoption, and includes a step-grandparent,
step-parent, or step-child. "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 6 months.
"Force or threat of force" means the use of force or
violence or the threat of force or violence, including, but not

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limited to, the following situations:
(1) when the accused threatens to use force or violence
on the victim or on any other person, and the victim under
the circumstances reasonably believes that the accused has
the ability to execute that threat; or
(2) when the accused overcomes the victim by use of
superior strength or size, physical restraint, or physical
confinement.
"Harmful to minors". See Section 11-21.
"Loiter". See Section 9.3.
"Material". See Section 11-21.
"Minor". See Section 11-21.
"Nudity". See Section 11-21.
"Obscene". See Section 11-20.
"Part day child care facility". See Section 11-9.3.
"Penal system". See Section 11-9.2.
"Person responsible for the child's welfare". See Section
11-9.1A.
"Person with a disability". See Section 11-9.5.
"Playground". See Section 11-9.3.
"Probation officer". See Section 11-9.2.
"Produce". See Section 11-20.1.
"Profit from prostitution" means, when acting other than as
a prostitute, to receive anything of value for personally
rendered prostitution services or to receive anything of value
from a prostitute, if the thing received is not for lawful

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consideration and the person knows it was earned in whole or in
part from the practice of prostitution.
"Public park". See Section 11-9.3.
"Public place". See Section 11-30.
"Reproduce". See Section 11-20.1.
"Sado-masochistic abuse". See Section 11-21.
"School". See Section 11-9.3.
"School official". See Section 11-9.3.
"Sexual abuse". See Section 11-9.1A.
"Sexual act". See Section 11-9.1.
"Sexual conduct" means any knowing touching or fondling by
the victim or the accused, either directly or through clothing,
of the sex organs, anus, or breast of the victim or the
accused, or any part of the body of a child under 13 years of
age, or any transfer or transmission of semen by the accused
upon any part of the clothed or unclothed body of the victim,
for the purpose of sexual gratification or arousal of the
victim or the accused.
"Sexual excitement". See Section 11-21.
"Sexual penetration" means any contact, however slight,
between the sex organ or anus of the victim or the accused one
person and an object or body part, including but not limited
to, or the sex organ, mouth, or anus of the victim or the
accused another person, or any intrusion, however slight, of
any part of the body of the victim or the accused one person or
of any animal or object into the sex organ or anus of the

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victim or the accused another person, including, but not
limited to, cunnilingus, fellatio, or anal penetration.
Evidence of emission of semen is not required to prove sexual
penetration.
"Solicit". See Section 11-6.
"State-operated facility". See Section 11-9.5.
"Supervising officer". See Section 11-9.2.
"Surveillance agent". See Section 11-9.2.
"Treatment and detention facility". See Section 11-9.2.
"Victim" means a person alleging to have been subjected to
an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, or 11-1.60 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/11-9.1B new)
Sec. 11-9.1B. Failure to report sexual abuse of a child.
(a) For the purposes of this Section:
"Child" means any person under the age of 13.
"Sexual abuse" means any contact, however slight, between
the sex organ or anus of the victim or the accused and an
object or body part, including but not limited to, the sex
organ, mouth, or anus of the victim or the accused, or any
intrusion, however slight, of any part of the body of the
victim or the accused or of any animal or object into the sex
organ or anus of the victim or the accused, including, but not
limited to, cunnilingus, fellatio, or anal penetration.

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Evidence of emission of semen is not required to prove sexual
abuse.
(b) A person over the age of 18 commits failure to report
sexual abuse of a child when he or she personally observes
sexual abuse, as defined by this Section, between a person who
he or she knows is over the age of 18 and a person he or she
knows is a child, and knowingly fails to report the sexual
abuse to law enforcement.
(c) This Section does not apply to a person who makes
timely and reasonable efforts to stop the sexual abuse by
reporting the sexual abuse in conformance with the Abused and
Neglected Child Reporting Act or by reporting the sexual abuse
or causing a report to be made, to medical or law enforcement
authorities or anyone who is a mandated reporter under Section
4 of the Abused and Neglected Child Reporting Act.
(d) A person may not be charged with the offense of failure
to report sexual abuse of a child under this Section until the
person who committed the offense is charged with criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse, or
aggravated criminal sexual abuse.
(e) It is an affirmative defense to a charge of failure to
report sexual abuse of a child under this Section that the
person who personally observed the sexual abuse had a
reasonable apprehension that timely action to stop the abuse
would result in the imminent infliction of death, great bodily

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harm, permanent disfigurement, or permanent disability to that
person or another in retaliation for reporting.
(f) Sentence. A person who commits failure to report sexual
abuse of a child is guilty of a Class A misdemeanor for the
first violation and a Class 4 felony for a second or subsequent
violation.
(g) Nothing in this Section shall be construed to allow
prosecution of a person who personally observes the act of
sexual abuse and assists with an investigation and any
subsequent prosecution of the offender.".