Bill Status of HB 1399   103rd General Assembly

Short Description:  CRIM CD-LEWD SEXUAL DISPLAY

House Sponsors
Rep. Natalie A. Manley-Martin J. Moylan-Tony M. McCombie-John M. Cabello, Bradley Fritts, Jackie Haas, Brad Stephens, Anne Stava-Murray, Jennifer Sanalitro-Jaime M. Andrade, Jr., Michael J. Kelly, Harry Benton, Elizabeth "Lisa" Hernandez, Joyce Mason, Matt Hanson, Lindsey LaPointe, Amy L. Grant, Dan Ugaste, Jason Bunting, Paul Jacobs, Wayne A Rosenthal and Dan Swanson

Senate Sponsors
(Sen. Willie Preston, Robert F. Martwick-Javier L. Cervantes, Rachel Ventura, Mary Edly-Allen-Adriane Johnson, Emil Jones, III, Laura Fine, Dale Fowler, Terri Bryant, Erica Harriss, Sally J. Turner and Jason Plummer)


Last Action  View All Actions

DateChamber Action
  7/28/2023HousePublic Act . . . . . . . . . 103-0283

Statutes Amended In Order of Appearance
720 ILCS 5/11-9.2-1 new
720 ILCS 5/11-9.2-2 new
730 ILCS 150/2from Ch. 38, par. 222
730 ILCS 150/7from Ch. 38, par. 227

Synopsis As Introduced
Amends the Criminal Code of 2012. Creates the offense of lewd sexual display in a penal institution. Provides that a person commits the offense 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 body or sex organs, anus, or breast, 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. Excludes from the definition of "penal Institution" a facility of the Department of Juvenile Justice or a juvenile detention facility. Provides that lewd sexual display in a penal institution is a Class A misdemeanor, except that a person convicted of a third or subsequent violation is guilty of a Class 4 felony. Provides that the Illinois Criminal Justice Information Authority shall compile certain data provided to it and provide an annual report to the Governor and the General Assembly on or before January 1 of each year. Provides that the Illinois Criminal Justice Information Authority may include findings or recommendations in its published annual report. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a third violation of lewd sexual display in a penal institution committed on or after the effective date of the amendatory Act and before January 1, 2030. Provides that a person convicted of a third violation of lewd sexual display in a penal institution, committed on or after the effective date of the amendatory Act and before January 1, 2030, who is required to register under the Act shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, and if confined, for a period of 10 years after parole, discharge, or release from any such facility. Repeals the Sections creating the offense of and reporting requirements regarding lewd sexual display in a penal institution on January 1, 2030.

House Floor Amendment No. 1
Deletes reference to:
730 ILCS 150/2
730 ILCS 150/7

Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Reinserts the provisions of the introduced bill. Provides that a person commits the offense of 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 (rather than of the body or sex organs, anus, or breast), 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. Provides that a person convicted of a second (rather than third) or subsequent violation for lewd sexual display in a penal institution is guilty of a Class 4 felony. Deletes provision that unwillingness or failure to successfully complete a court-ordered mental health court treatment program shall result in a conviction and the convicted person shall be subject to the penalties for the offense. Provides that unwillingness to participate in a court-ordered mental health court treatment program may result in prosecution for the offense. Provides that failure to complete a mental health treatment court program shall have the consequences prescribed by the rules and regulations of that treatment court program. Changes the date of repeal of the provisions from January 1, 2030 to January 1, 2028. Provides that the annual report shall list the race and ethnicity of persons referred for prosecution or charged with lewd sexual display in a penal institution. Deletes the amendatory changes to the Sex Offender Registration Act.

Actions 
DateChamber Action
  1/25/2023HouseFiled with the Clerk by Rep. Natalie A. Manley
  1/31/2023HouseFirst Reading
  1/31/2023HouseReferred to Rules Committee
  2/15/2023HouseAssigned to Judiciary - Criminal Committee
  3/9/2023HouseAdded Chief Co-Sponsor Rep. Martin J. Moylan
  3/9/2023HouseAdded Chief Co-Sponsor Rep. Tony M. McCombie
  3/9/2023HouseAdded Co-Sponsor Rep. Bradley Fritts
  3/9/2023HouseAdded Co-Sponsor Rep. Jackie Haas
  3/9/2023HouseDo Pass / Short Debate Judiciary - Criminal Committee; 015-000-000
  3/10/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/14/2023HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Natalie A. Manley
  3/14/2023HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/15/2023HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/16/2023HouseAdded Co-Sponsor Rep. Brad Stephens
  3/21/2023HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 013-000-000
  3/22/2023HouseAdded Chief Co-Sponsor Rep. John M. Cabello
  3/22/2023HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  3/22/2023HouseHouse Floor Amendment No. 1 Adopted
  3/22/2023HouseSecond Reading - Short Debate
  3/22/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/22/2023HouseAdded Co-Sponsor Rep. Jennifer Sanalitro
  3/23/2023HouseAdded Chief Co-Sponsor Rep. Jaime M. Andrade, Jr.
  3/23/2023HouseThird Reading - Short Debate - Passed 108-000-000
  3/23/2023HouseAdded Co-Sponsor Rep. Michael J. Kelly
  3/23/2023HouseAdded Co-Sponsor Rep. Harry Benton
  3/23/2023HouseAdded Co-Sponsor Rep. Elizabeth "Lisa" Hernandez
  3/23/2023HouseAdded Co-Sponsor Rep. Joyce Mason
  3/23/2023HouseAdded Co-Sponsor Rep. Matt Hanson
  3/23/2023HouseAdded Co-Sponsor Rep. Lindsey LaPointe
  3/23/2023HouseAdded Co-Sponsor Rep. Amy L. Grant
  3/23/2023HouseAdded Co-Sponsor Rep. Dan Ugaste
  3/23/2023HouseAdded Co-Sponsor Rep. Jason Bunting
  3/23/2023HouseAdded Co-Sponsor Rep. Paul Jacobs
  3/23/2023HouseAdded Co-Sponsor Rep. Wayne A Rosenthal
  3/23/2023HouseAdded Co-Sponsor Rep. Dan Swanson
  3/27/2023SenateArrive in Senate
  3/27/2023SenatePlaced on Calendar Order of First Reading
  3/27/2023SenateChief Senate Sponsor Sen. Willie Preston
  3/27/2023SenateFirst Reading
  3/27/2023SenateReferred to Assignments
  3/28/2023SenateAdded as Alternate Co-Sponsor Sen. Robert F. Martwick
  4/12/2023SenateAssigned to Special Committee on Criminal Law and Public Safety
  4/20/2023SenateTo Subcommittee on CLEAR Compliance
  4/28/2023SenateRule 2-10 Committee Deadline Established As May 6, 2023
  5/2/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Javier L. Cervantes
  5/2/2023SenateAdded as Alternate Co-Sponsor Sen. Rachel Ventura
  5/2/2023SenateAdded as Alternate Co-Sponsor Sen. Mary Edly-Allen
  5/4/2023SenateWaive Posting Notice
  5/5/2023SenateRule 2-10 Committee Deadline Established As May 11, 2023
  5/9/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Adriane Johnson
  5/9/2023SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  5/9/2023SenateReported Back To Special Committee on Criminal Law and Public Safety; 003-000-000
  5/10/2023SenateDo Pass Special Committee on Criminal Law and Public Safety; 009-000-000
  5/10/2023SenatePlaced on Calendar Order of 2nd Reading May 11, 2023
  5/11/2023SenateSecond Reading
  5/11/2023SenatePlaced on Calendar Order of 3rd Reading May 15, 2023
  5/11/2023SenateAdded as Alternate Co-Sponsor Sen. Laura Fine
  5/11/2023SenateRule 2-10 Third Reading Deadline Established As May 25, 2023
  5/12/2023SenateRule 2-10 Third Reading Deadline Established As May 19, 2023
  5/19/2023SenateThird Reading - Passed; 057-000-000
  5/19/2023HousePassed Both Houses
  5/19/2023SenateAdded as Alternate Co-Sponsor Sen. Dale Fowler
  5/19/2023SenateAdded as Alternate Co-Sponsor Sen. Terri Bryant
  5/19/2023SenateAdded as Alternate Co-Sponsor Sen. Erica Harriss
  5/19/2023SenateAdded as Alternate Co-Sponsor Sen. Sally J. Turner
  5/19/2023SenateAdded as Alternate Co-Sponsor Sen. Jason Plummer
  6/16/2023HouseSent to the Governor
  7/28/2023HouseGovernor Approved
  7/28/2023HouseEffective Date January 1, 2024
  7/28/2023HousePublic Act . . . . . . . . . 103-0283

Back To Top