Bill Status of HB 245   94th General Assembly

Short Description:  SEXUALLY DANGEROUS-HEARING

House Sponsors
Rep. Dan Brady-Eddie Washington-Michael K. Smith-John D'Amico, James D. Brosnahan and Brandon W. Phelps

Senate Sponsors
(Sen. Bill Brady)


Last Action  View All Actions

DateChamber Action
  8/2/2005HousePublic Act . . . . . . . . . 94-0404

Statutes Amended In Order of Appearance
725 ILCS 205/9from Ch. 38, par. 105-9

Synopsis As Introduced
Amends the Sexually Dangerous Persons Act. Provides that at the hearing to determine whether a sexually dangerous person or criminal sexual psychopathic person has recovered, the Attorney General or State's Attorney who filed the original application shall represent the State and shall have the right to have the applicant examined by an expert or professional person of the State's choice. Provides that the applicant may retain experts to perform an examination as well. Provides that the sexually dangerous person or the State may elect to have the hearing before a jury. Provides that the State has the burden of proving by clear and convincing evidence that the applicant is still a sexually dangerous person. Provides that if the applicant refuses to speak to, communicate with, or otherwise fails to cooperate with the State's examiner, the applicant may only introduce evidence and testimony from any expert or professional person who is retained to conduct an examination based upon review of the records and may not introduce evidence resulting from an examination of the person. Provides that if a person has previously filed an application in writing setting forth facts showing that the sexually dangerous person or criminal sexual psychopathic person has recovered and the court determined either at a hearing or following a jury trial that the applicant is still a sexually dangerous person, no additional application may be filed for one year after a finding that the person is still sexually dangerous. Makes other changes.

House Amendment No. 1
Deletes provision that permits the Attorney General or State's Attorney who filed the original petition to have the right to have the applicant examined by an expert or professional person of the State's choice and that permits the applicant to retain experts to perform an examination.

House Amendment No. 2
Provides that if a person has previously filed an application in writing setting forth facts showing that the sexually dangerous person or criminal sexual psychopathic person has recovered and the court determined either at a hearing or following a jury trial that the applicant is still a sexually dangerous or if the application is withdrawn, no additional application may be filed for one year after a finding that the person is still sexually dangerous or after the application is withdrawn, except if the application is accompanied by a statement from the treatment provider that the applicant has made exceptional progress and the application contains facts upon which a court could find that the condition of the person had so changed that a hearing is warranted.

Actions 
DateChamber Action
  1/14/2005HouseFiled with the Clerk by Rep. Dan Brady
  1/19/2005HouseFirst Reading
  1/19/2005HouseReferred to Rules Committee
  1/26/2005HouseAssigned to Judiciary II - Criminal Law Committee
  2/17/2005HouseAdded Co-Sponsor Rep. James D. Brosnahan
  2/18/2005HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  2/18/2005HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  2/18/2005HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 016-000-000
  2/18/2005HousePlaced on Calendar 2nd Reading - Short Debate
  2/25/2005HouseSecond Reading - Short Debate
  2/25/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/1/2005HouseRecalled to Second Reading - Short Debate
  3/1/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  3/3/2005HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  3/15/2005HouseHouse Amendment No. 2 Filed with Clerk by Rep. Dan Brady
  3/15/2005HouseHouse Amendment No. 2 Referred to Rules Committee
  3/16/2005HouseChief Co-Sponsor Rep. Eddie Washington
  3/16/2005HouseChief Co-Sponsor Rep. Michael K. Smith
  3/16/2005HouseChief Co-Sponsor Rep. John D'Amico
  4/5/2005HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
  4/5/2005HouseSecond Reading - Short Debate
  4/5/2005HouseHouse Amendment No. 2 Adopted by Voice Vote
  4/5/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/6/2005HouseThird Reading - Short Debate - Passed 114-000-000
  4/7/2005SenateArrive in Senate
  4/7/2005SenatePlaced on Calendar Order of First Reading April 8, 2005
  4/7/2005SenateChief Senate Sponsor Sen. Bill Brady
  4/11/2005SenateFirst Reading
  4/11/2005SenateReferred to Rules
  4/13/2005SenateAssigned to Judiciary
  4/20/2005SenateDo Pass Judiciary; 010-000-000
  4/20/2005SenatePlaced on Calendar Order of 2nd Reading April 21, 2005
  5/4/2005SenateSecond Reading
  5/4/2005SenatePlaced on Calendar Order of 3rd Reading May 5, 2005
  5/17/2005SenateThird Reading - Passed; 057-000-000
  5/17/2005HousePassed Both Houses
  6/15/2005HouseSent to the Governor
  8/2/2005HouseGovernor Approved
  8/2/2005HouseEffective Date January 1, 2006
  8/2/2005HousePublic Act . . . . . . . . . 94-0404

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