Illinois General Assembly - Full Text of HB1399
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Full Text of HB1399  103rd General Assembly




HB1399 EnrolledLRB103 24972 RLC 51306 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by adding
5Sections 11-9.2-1 and 11-9.2-2 as follows:
6    (720 ILCS 5/11-9.2-1 new)
7    Sec. 11-9.2-1. Lewd sexual display in a penal institution.
8    (a) A person commits lewd sexual display in a penal
9institution when he or she is in the custody of a penal
10institution and knowingly engages in any of the following acts
11while he or she is confined in a penal institution: engages in
12a lewd exposure of the genitals or anus, for the purpose or
13effect of intimidating, harassing, or threatening one whom he
14or she believes to be in the presence or view of such acts. For
15purposes of this Section, "penal institution" does not include
16a facility of the Department of Juvenile Justice or a juvenile
17detention facility.
18    (b) Sentence. Lewd sexual display in a penal institution
19is a Class A misdemeanor. A person convicted of a second or
20subsequent violation for lewd sexual display in a penal
21institution is guilty of a Class 4 felony.
22    (c) A person charged with a violation of this Section
23shall be eligible for an evaluation for a mental health court



HB1399 Enrolled- 2 -LRB103 24972 RLC 51306 b

1program under the Mental Health Court Treatment Act, the
2provisions of Section 20 of that Act notwithstanding, and
3shall be given an eligibility screening and an assessment,
4pursuant to the provisions of Section 25 of the Mental Health
5Court Treatment Act, administered by a qualified mental health
6court professional independent of the penal institution where
7the individual is in custody.
8    (d) Notwithstanding the provisions of subsection (e) of
9Section 25 of the Mental Health Court Treatment Act, a person
10who has been charged with a violation of this Section shall not
11be liable for any fines, fees, costs, or restitution unless
12the person fails to successfully complete that person's
13court-ordered mental health court treatment program.
14    (e) All charges against a person for a violation of this
15Section shall be dismissed upon the court's determination that
16the person has successfully completed the person's
17court-ordered mental health court treatment program.
18Unwillingness to participate in a court-ordered mental health
19court treatment program may result in prosecution under this
20Section. Failure to complete a mental health treatment court
21program shall have the consequences prescribed by the rules
22and regulations of that treatment court program.
23    (f) A person is not guilty of a violation of this Section
24for engaging in the conduct prohibited by this Section, if any
25of the following are true:
26        (1) the person is under 18 years of age or not confined



HB1399 Enrolled- 3 -LRB103 24972 RLC 51306 b

1    to a penal institution;
2        (2) the person suffered from a behavioral health issue
3    at the time of the prohibited conduct and that behavioral
4    health issue was the direct cause for the person having
5    engaged in the prohibited conduct; or
6        (3) the person was not in the actual presence or view
7    of another person.
8    (g) This Section is repealed on January 1, 2028.
9    (720 ILCS 5/11-9.2-2 new)
10    Sec. 11-9.2-2. Lewd sexual display in a penal institution
11annual report; sunset date.
12    (a) The Illinois Criminal Justice Information Authority
13shall compile data provided to it pursuant to this Section and
14provide an annual report to the Governor and the General
15Assembly on or before January 1 of each year. The Illinois
16Criminal Justice Information Authority may include findings or
17recommendations in its published annual report.
18    (b) The following data shall be provided to the Illinois
19Criminal Justice Information Authority on or before October 1
20of each year:
21        (1) each penal institution shall provide the number of
22    persons referred to a county State's Attorney for
23    prosecution of a violation of Section 11-9.2-1, the
24    demographic data of the referred persons, including, but
25    not limited to, age, race, ethnicity, and sex, and any



HB1399 Enrolled- 4 -LRB103 24972 RLC 51306 b

1    underlying charge or charges upon which the referred
2    person is being held in the custody of the penal
3    institution; and
4        (2) each county State's Attorney shall provide the
5    number of persons charged by that State's Attorney for a
6    violation of Section 11-9.2-1, the demographic data of the
7    charged persons, including, but not limited to, age, race,
8    ethnicity, and sex, and the case disposition, or lack
9    thereof, of each charged person.
10    (c) This Section is repealed on January 1, 2028.