101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3579
 
Introduced 2/14/2020, by Sen. Melinda Bush
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/11-1.70  was 720 ILCS 5/12-17

     Amends the Criminal Code of 2012. Provides that consent is not a viable defense if the victim is a client or patient and the accused is a health care provider or mental health care provider charged with criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse and the act of sexual conduct or sexual penetration occurs during a treatment session, consultation, interview, or examination.
  


LRB101 20000 RLC 69527 b

 
 
A BILL FOR
 

  
SB3579LRB101 20000 RLC 69527 b


  
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 11-1.70 as follows:
 

6    (720 ILCS 5/11-1.70)  (was 720 ILCS 5/12-17)

7    Sec. 11-1.70. Defenses with respect to offenses described 
8in Sections 11-1.20 through 11-1.60. 

9    (a) It shall be a defense to any offense under Section 
1011-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code 
11where force or threat of force is an element of the
offense 
12that the victim consented.  "Consent" means a freely given

13agreement to the act of sexual penetration or sexual conduct in 
14question.
Lack of verbal or physical resistance or submission 
15by the victim resulting
from the use of force or threat of 
16force by the accused shall not
constitute consent.  The manner 
17of dress of the victim at the time of the
offense shall not 
18constitute consent.

19    (b) It shall be a defense under subsection (b) and 
20subsection (c) of
Section 11-1.50 and subsection (d) of Section 
2111-1.60 of this Code that the
accused reasonably believed the 
22person to be 17 years of age or over.

23    (c) A person who initially consents to sexual penetration 
 
 
SB3579- 2 -LRB101 20000 RLC 69527 b

1or sexual
conduct
is not deemed to have consented to any sexual 
2penetration or sexual
conduct that occurs after he or she 
3withdraws consent during the course of
that sexual penetration 
4or sexual conduct.

5    (d) Consent is not a viable defense if the victim is a 
6client or patient and the accused is a health care provider or 
7mental health care provider charged with an offense described 
8in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 and 
9the act of sexual conduct or sexual penetration occurs during a 
10treatment session, consultation, interview, or examination. 
11(Source: P.A. 96-1551, eff. 7-1-11.)