Bill Status of HB 2458   103rd General Assembly

Short Description:  CHILD SEXUAL ABUSE

House Sponsors
Rep. Mary Beth Canty-Tony M. McCombie-Lindsey LaPointe-Kam Buckner-John M. Cabello, Nabeela Syed, Kelly M. Cassidy, Anne Stava-Murray, Justin Slaughter, Dan Caulkins, Bradley Fritts, Joyce Mason, Michelle Mussman, Jennifer Gong-Gershowitz, Harry Benton, Emanuel "Chris" Welch, Elizabeth "Lisa" Hernandez, Randy E. Frese, Jennifer Sanalitro, Amy Elik, Kevin Schmidt, Travis Weaver, Suzanne M. Ness, Debbie Meyers-Martin, Daniel Didech, Matt Hanson, Rita Mayfield and Nicole La Ha

Senate Sponsors
(Sen. Don Harmon)


Last Action  View All Actions

DateChamber Action
  4/16/2024SenateReferred to Assignments

Statutes Amended In Order of Appearance
20 ILCS 4026/10
110 ILCS 57/5
225 ILCS 10/3.3
325 ILCS 5/4.5
325 ILCS 5/11.1from Ch. 23, par. 2061.1
325 ILCS 15/3from Ch. 23, par. 2083
325 ILCS 40/2from Ch. 23, par. 2252
325 ILCS 47/10
705 ILCS 135/15-70
705 ILCS 405/3-40
720 ILCS 5/3-5from Ch. 38, par. 3-5
720 ILCS 5/3-6from Ch. 38, par. 3-6
720 ILCS 5/11-0.1
720 ILCS 5/11-9.1from Ch. 38, par. 11-9.1
720 ILCS 5/11-9.3
720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1
720 ILCS 5/11-20.2from Ch. 38, par. 11-20.2
720 ILCS 5/11-23
720 ILCS 5/11-25
720 ILCS 5/14-3
720 ILCS 5/36-1from Ch. 38, par. 36-1
725 ILCS 5/106B-10
725 ILCS 5/115-7from Ch. 38, par. 115-7
725 ILCS 5/115-7.3
725 ILCS 5/124B-10
725 ILCS 5/124B-100
725 ILCS 5/124B-420
725 ILCS 5/124B-500
725 ILCS 215/2from Ch. 38, par. 1702
725 ILCS 215/3from Ch. 38, par. 1703
730 ILCS 5/3-1-2from Ch. 38, par. 1003-1-2
730 ILCS 5/3-12.5-10
730 ILCS 5/5-5-3
730 ILCS 5/5-5-3.2
730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1
730 ILCS 5/5-8-4from Ch. 38, par. 1005-8-4
730 ILCS 5/5-9-1.7from Ch. 38, par. 1005-9-1.7
730 ILCS 5/5-9-1.8
730 ILCS 150/2from Ch. 38, par. 222
740 ILCS 128/10

Synopsis As Introduced
Amends the Criminal Code of 2012. Changes the statute of limitations for grooming to provide that when the victim is under 17 years of age at the time of the offense, a prosecution for grooming may be commenced within 10 years after the victim or the person with a disability attains 17 years of age. Changes the name of the offenses of child sexual abuse material to child sexual abuse material. Changes the penalty for grooming from a Class 4 to a Class 3 felony. Deletes references to criminal transmission of HIV in various statutes. In the Sex Offenses Article of the Criminal Code of 2012, provides a definition for "unable to give knowing consent". Provides that a person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older. Provides that a violation of this provision of sexual exploitation of a child is a Class 4 felony for a first offense; and a Class 3 felony for a second or subsequent offense, or if the person has been previously convicted of a sex offense. Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability) involving the use of a facility dog in any criminal proceeding. Makes other changes concerning the admissibility of evidence in cases involving involuntary servitude, involuntary sexual servitude of a minor, and trafficking in persons. Amends various Acts to change references from "child pornography" to "child sexual abuse material".

House Committee Amendment No. 1
Provides that the definition of "family member" in the Sex Offenses Article of the Criminal Code of 2012 includes a sibling. Provides that "family member" also means, if the victim is under 18 years of age, an accused who has resided in the household with the child continuously for at least 3 (rather than 6) months. Restores a reference to aggravated child pornography which offense was repealed by Public Act 97-995, effective January 1, 2013.

House Committee Amendment No. 2
In the definition provisions of the Sex Offenses Article of the Criminal Code of 2012, deletes in the definition of "unable to give knowing consent" that the victim could not give intelligent agreement to the sexual act. Provides that a violation of the provisions of sexual exploitation of a child by knowingly enticing, coercing, or persuading a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older is a Class 4 felony (rather than a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense or if the person has been previously convicted of a sex crime). Provides that in order to commit the offense of grooming, the person be 5 years or more older than a child victim, or holding a position of trust, authority, or supervision in relation to the child at the time of the offense.

House Committee Amendment No. 3
In the amendatory changes to the Criminal Code of 2012, restores the Class 4 felony penalty for grooming.

Actions 
DateChamber Action
  2/15/2023HouseFiled with the Clerk by Rep. Mary Beth Canty
  2/15/2023HouseFirst Reading
  2/15/2023HouseReferred to Rules Committee
  2/23/2023HouseAdded Chief Co-Sponsor Rep. Lindsey LaPointe
  2/23/2023HouseAdded Co-Sponsor Rep. Amy Elik
  2/23/2023HouseAdded Co-Sponsor Rep. Nabeela Syed
  2/23/2023HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  2/23/2023HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  2/23/2023HouseAdded Co-Sponsor Rep. Justin Slaughter
  2/23/2023HouseAdded Co-Sponsor Rep. Dan Caulkins
  2/23/2023HouseAdded Chief Co-Sponsor Rep. Joyce Mason
  2/23/2023HouseRemoved Co-Sponsor Rep. Amy Elik
  2/28/2023HouseAssigned to Judiciary - Criminal Committee
  3/1/2023HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mary Beth Canty
  3/1/2023HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/1/2023HouseAdded Co-Sponsor Rep. Bradley Fritts
  3/1/2023HouseAdded Chief Co-Sponsor Rep. Tony M. McCombie
  3/1/2023HouseChief Co-Sponsor Changed to Rep. Tony M. McCombie
  3/7/2023HouseTo Sex Offenses and Sex Offender Registration Subcommittee
  3/7/2023HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/7/2023HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Mary Beth Canty
  3/7/2023HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/8/2023HouseHouse Committee Amendment No. 3 Filed with Clerk by Rep. Mary Beth Canty
  3/8/2023HouseHouse Committee Amendment No. 3 Referred to Rules Committee
  3/9/2023HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  3/10/2023HouseRule 19(a) / Re-referred to Rules Committee
  3/10/2023HouseHouse Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
  3/10/2023HouseHouse Committee Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee
  3/10/2023HouseHouse Committee Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee
  3/5/2024HouseAssigned to Judiciary - Criminal Committee
  3/5/2024HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/5/2024HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  3/5/2024HouseHouse Committee Amendment No. 3 Rules Refers to Judiciary - Criminal Committee
  4/2/2024HouseChief Co-Sponsor Changed to Rep. Kam Buckner
  4/2/2024HouseAdded Chief Co-Sponsor Rep. John M. Cabello
  4/2/2024HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  4/2/2024HouseHouse Committee Amendment No. 2 Adopted in Judiciary - Criminal Committee; by Voice Vote
  4/2/2024HouseHouse Committee Amendment No. 3 Adopted in Judiciary - Criminal Committee; by Voice Vote
  4/2/2024HouseDo Pass / Short Debate Judiciary - Criminal Committee; 015-000-000
  4/3/2024HouseAdded Co-Sponsor Rep. Joyce Mason
  4/3/2024HouseAdded Co-Sponsor Rep. Michelle Mussman
  4/3/2024HousePlaced on Calendar 2nd Reading - Short Debate
  4/4/2024HouseAdded Co-Sponsor Rep. Jennifer Gong-Gershowitz
  4/4/2024HouseAdded Co-Sponsor Rep. Harry Benton
  4/9/2024HouseAdded Co-Sponsor Rep. Emanuel "Chris" Welch
  4/10/2024HouseSecond Reading - Short Debate
  4/10/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/15/2024HouseAdded Co-Sponsor Rep. Elizabeth "Lisa" Hernandez
  4/15/2024HouseAdded Co-Sponsor Rep. Randy E. Frese
  4/15/2024HouseThird Reading - Short Debate - Passed 106-000-000
  4/15/2024HouseAdded Co-Sponsor Rep. Jennifer Sanalitro
  4/15/2024HouseAdded Co-Sponsor Rep. Amy Elik
  4/15/2024HouseAdded Co-Sponsor Rep. Kevin Schmidt
  4/15/2024HouseAdded Co-Sponsor Rep. Travis Weaver
  4/15/2024HouseAdded Co-Sponsor Rep. Suzanne M. Ness
  4/15/2024HouseAdded Co-Sponsor Rep. Debbie Meyers-Martin
  4/15/2024HouseAdded Co-Sponsor Rep. Daniel Didech
  4/15/2024HouseAdded Co-Sponsor Rep. Matt Hanson
  4/15/2024HouseAdded Co-Sponsor Rep. Rita Mayfield
  4/15/2024HouseAdded Co-Sponsor Rep. Nicole La Ha
  4/16/2024SenateArrive in Senate
  4/16/2024SenatePlaced on Calendar Order of First Reading
  4/16/2024SenateChief Senate Sponsor Sen. Don Harmon
  4/16/2024SenateFirst Reading
  4/16/2024SenateReferred to Assignments

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