Bill Status of HB 5451   97th General Assembly

Short Description:  SEXUALLY DANGEROUS PERSONS

House Sponsors
Rep. Deborah Mell

Senate Sponsors
(Sen. Dan Kotowski)


Last Action  View All Actions

DateChamber Action
  1/8/2013HouseSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 205/4from Ch. 38, par. 105-4
725 ILCS 205/4.01from Ch. 38, par. 105-4.01
725 ILCS 205/4.02from Ch. 38, par. 105-4.02
725 ILCS 205/4.04 new

Synopsis As Introduced
Amends the Sexually Dangerous Persons Act. Provides that psychologists, in addition to psychiatrists, may conduct the examination of a person alleged to be sexually dangerous. Provides that "criminal propensities to the commission of sex offenses" means that it is substantially probable that the person subject to the commitment proceeding will engage in the commission of sex offenses in the future if not confined. Defines "qualified evaluator" as a reputable physician or psychologist licensed in Illinois or any other state to practice medicine or psychology, who has specialized in the evaluation of sex offenders. Effective immediately.

Senate Committee Amendment No. 1
Adds reference to:
725 ILCS 205/4.05 new
725 ILCS 205/5from Ch. 38, par. 105-5
725 ILCS 205/9from Ch. 38, par. 105-9

Replaces everything after the enacting clause. Amends the Sexually Dangerous Persons Act. Provides that the examination to determine whether a person is sexually dangerous shall be conducted by 2 qualified evaluators (rather than 2 qualified psychiatrists). Defines "qualified evaluator" as a reputable physician or psychologist licensed in Illinois or any other state to practice medicine or psychology, or any other licensed professional who specializes in the evaluation of sex offenders. Defines "examination" as an examination conducted by a qualified evaluator conducted in conformance with the standards developed under the Sex Offender Management Board Act and by an evaluator approved by the Sex Offender Management Board. Provides that "criminal propensities to the commission of sex offenses" means that it is substantially probable that the person subject to the commitment proceeding will engage in the commission of sex offenses in the future if not confined. Provides that the cost of representation by counsel for an indigent respondent shall be paid by the county in which the proceeding is brought. Provides that the socio-psychiatric report shall be prepared by an evaluator approved by the Sex Offender Management Board (rather than by a social worker and psychologist under the supervision of a licensed psychiatrist assigned to the institution where the applicant is confined). 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, or if the application is withdrawn, no additional application may be filed for 2 years (rather than 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. Effective immediately.

Actions 
DateChamber Action
  2/9/2012HouseFiled with the Clerk by Rep. Kelly M. Cassidy
  2/15/2012HouseFirst Reading
  2/15/2012HouseReferred to Rules Committee
  2/17/2012HouseAssigned to Health Care Licenses Committee
  3/7/2012HouseDo Pass / Short Debate Health Care Licenses Committee; 008-000-000
  3/7/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/26/2012HouseChief Sponsor Changed to Rep. Deborah Mell
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/28/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/28/2012HouseThird Reading - Short Debate - Passed 113-001-000
  3/29/2012SenateArrive in Senate
  3/29/2012SenatePlaced on Calendar Order of First Reading
  3/29/2012SenateChief Senate Sponsor Sen. Dan Kotowski
  3/29/2012SenateFirst Reading
  3/29/2012SenateReferred to Assignments
  4/24/2012SenateAssigned to Criminal Law
  4/24/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Dan Kotowski
  4/24/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/25/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/2/2012SenateSenate Committee Amendment No. 1 Adopted
  5/2/2012SenateDo Pass as Amended Criminal Law; 006-000-000
  5/2/2012SenatePlaced on Calendar Order of 2nd Reading May 3, 2012
  5/10/2012SenateSecond Reading
  5/10/2012SenatePlaced on Calendar Order of 3rd Reading May 15, 2012
  5/22/2012SenateThird Reading - Passed; 058-000-000
  5/22/2012HouseArrived in House
  5/22/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/28/2012HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Deborah Mell
  5/28/2012HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  7/27/2012HouseRule 19(b) / Re-referred to Rules Committee
  1/8/2013HouseSession Sine Die

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