093_HB3466ham001
LRB093 07223 RLC 13164 a
1 AMENDMENT TO HOUSE BILL 3466
2 AMENDMENT NO. . Amend House Bill 3466 as follows:
3 on page 3, line 3, by replacing "at least 13 years of age
4 but" with "at least 13 years of age but"; and
5 on page 6, line 15, by replacing "at least 13 years of age
6 but" with "at least 13 years of age but"; and
7 on page 9, by replacing lines 17 through 19 with the
8 following:
9 "(H) Criminal sexual assault or aggravated criminal
10 sexual abuse, except as otherwise provided in subsection (e)
11 of this Section."; and
12 by replacing all of page 15 and lines 1 through 7 on page 16
13 with the following:
14 "(e) (Blank). In cases where prosecution for criminal
15 sexual assault or aggravated criminal sexual abuse under
16 Section 12-13 or 12-16 of the Criminal Code of 1961 results
17 in conviction of a defendant who was a family member of the
18 victim at the time of the commission of the offense, the
19 court shall consider the safety and welfare of the victim and
20 may impose a sentence of probation only where:
21 (1) the court finds (A) or (B) or both are
22 appropriate:
-2- LRB093 07223 RLC 13164 a
1 (A) the defendant is willing to undergo a
2 court approved counseling program for a minimum
3 duration of 2 years; or
4 (B) the defendant is willing to participate in
5 a court approved plan including but not limited to
6 the defendant's:
7 (i) removal from the household;
8 (ii) restricted contact with the victim;
9 (iii) continued financial support of the
10 family;
11 (iv) restitution for harm done to the
12 victim; and
13 (v) compliance with any other measures
14 that the court may deem appropriate; and
15 (2) the court orders the defendant to pay for the
16 victim's counseling services, to the extent that the
17 court finds, after considering the defendant's income and
18 assets, that the defendant is financially capable of
19 paying for such services, if the victim was under 18
20 years of age at the time the offense was committed and
21 requires counseling as a result of the offense.
22 Probation may be revoked or modified pursuant to Section
23 5-6-4; except where the court determines at the hearing that
24 the defendant violated a condition of his or her probation
25 restricting contact with the victim or other family members
26 or commits another offense with the victim or other family
27 members, the court shall revoke the defendant's probation and
28 impose a term of imprisonment.
29 For the purposes of this Section, "family member" and
30 "victim" shall have the meanings ascribed to them in Section
31 12-12 of the Criminal Code of 1961.".