Bill Text: IL HB5451 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Sexually Dangerous Persons Act. Provides that psychologists, in addition to psychiatrists, may conduct the examination of a person alleged to be sexually dangerous. Provides that "criminal propensities to the commission of sex offenses" means that it is substantially probable that the person subject to the commitment proceeding will engage in the commission of sex offenses in the future if not confined. Defines "qualified evaluator" as a reputable physician or psychologist licensed in Illinois or any other state to practice medicine or psychology, who has specialized in the evaluation of sex offenders. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5451 Detail]
Download: Illinois-2011-HB5451-Engrossed.html
Bill Title: Amends the Sexually Dangerous Persons Act. Provides that psychologists, in addition to psychiatrists, may conduct the examination of a person alleged to be sexually dangerous. Provides that "criminal propensities to the commission of sex offenses" means that it is substantially probable that the person subject to the commitment proceeding will engage in the commission of sex offenses in the future if not confined. Defines "qualified evaluator" as a reputable physician or psychologist licensed in Illinois or any other state to practice medicine or psychology, who has specialized in the evaluation of sex offenders. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5451 Detail]
Download: Illinois-2011-HB5451-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Sexually Dangerous Persons Act is amended by | ||||||
5 | changing Sections 4, 4.01, and 4.02 and by adding Section 4.04 | ||||||
6 | as follows:
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7 | (725 ILCS 205/4) (from Ch. 38, par. 105-4)
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8 | Sec. 4.
After the filing of the petition, the court shall | ||||||
9 | appoint two
qualified evaluators who are both psychiatrists or | ||||||
10 | both psychologists or who are a psychiatrist and psychologist | ||||||
11 | psychiatrists to make a personal examination of such alleged
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12 | sexually dangerous person, to ascertain whether such person is | ||||||
13 | sexually
dangerous, and the evaluators psychiatrists shall | ||||||
14 | file with the court a report in
writing of the result of their | ||||||
15 | examination, a copy of which shall be
delivered to the | ||||||
16 | respondent.
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17 | (Source: Laws 1955, p. 1144.)
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18 | (725 ILCS 205/4.01) (from Ch. 38, par. 105-4.01)
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19 | Sec. 4.01.
"Qualified evaluator psychiatrist " means a | ||||||
20 | reputable physician or psychologist licensed in
Illinois or any | ||||||
21 | other state to practice medicine or psychology in all its | ||||||
22 | branches , who has specialized in
the evaluation of sex |
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1 | offenders. The examination shall be conducted in conformance | ||||||
2 | with the standards developed under the Sex Offender Management | ||||||
3 | Board Act and by an evaluator approved by the Sex Offender | ||||||
4 | Management Board diagnosis and treatment of mental and nervous | ||||||
5 | disorders for a period of
not less than 5 years .
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6 | (Source: Laws 1959, p. 1685.)
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7 | (725 ILCS 205/4.02) (from Ch. 38, par. 105-4.02)
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8 | Sec. 4.02.
In counties of less than 500,000 inhabitants the | ||||||
9 | cost of the
psychiatric or psychological examination required | ||||||
10 | by Section 4 is a charge against and shall
be paid out of the | ||||||
11 | general fund of the county in which the proceeding is
brought.
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12 | (Source: Laws 1959, p. 1685.)
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13 | (725 ILCS 205/4.04 new) | ||||||
14 | Sec. 4.04. Criminal propensities to the commission of sex | ||||||
15 | offenses. For the purposes of this Act, "criminal propensities | ||||||
16 | to the commission of sex offenses" means that it is | ||||||
17 | substantially probable that the person subject to the | ||||||
18 | commitment proceeding will engage in the commission of sex | ||||||
19 | offenses in the future if not confined.
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