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


Rep. Natalie A. Manley

Filed: 3/14/2023





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2    AMENDMENT NO. ______. Amend House Bill 1399 by replacing
3everything after the enacting clause with the following:
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



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1detention facility.
2    (b) Sentence. Lewd sexual display in a penal institution
3is a Class A misdemeanor. A person convicted of a second or
4subsequent violation for lewd sexual display in a penal
5institution is guilty of a Class 4 felony.
6    (c) A person charged with a violation of this Section
7shall be eligible for an evaluation for a mental health court
8program under the Mental Health Court Treatment Act, the
9provisions of Section 20 of that Act notwithstanding, and
10shall be given an eligibility screening and an assessment,
11pursuant to the provisions of Section 25 of the Mental Health
12Court Treatment Act, administered by a qualified mental health
13court professional independent of the penal institution where
14the individual is in custody.
15    (d) Notwithstanding the provisions of subsection (e) of
16Section 25 of the Mental Health Court Treatment Act, a person
17who has been charged with a violation of this Section shall not
18be liable for any fines, fees, costs, or restitution unless
19the person fails to successfully complete that person's
20court-ordered mental health court treatment program.
21    (e) All charges against a person for a violation of this
22Section shall be dismissed upon the court's determination that
23the person has successfully completed the person's
24court-ordered mental health court treatment program.
25Unwillingness to participate in a court-ordered mental health
26court treatment program may result in prosecution under this



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1Section. Failure to complete a mental health treatment court
2program shall have the consequences prescribed by the rules
3and regulations of that treatment court program.
4    (f) A person is not guilty of a violation of this Section
5for engaging in the conduct prohibited by this Section, if any
6of the following are true:
7        (1) the person is under 18 years of age or not confined
8    to a penal institution;
9        (2) the person suffered from a behavioral health issue
10    at the time of the prohibited conduct and that behavioral
11    health issue was the direct cause for the person having
12    engaged in the prohibited conduct; or
13        (3) the person was not in the actual presence or view
14    of another person.
15    (g) This Section is repealed on January 1, 2028.
16    (720 ILCS 5/11-9.2-2 new)
17    Sec. 11-9.2-2. Lewd sexual display in a penal institution
18annual report; sunset date.
19    (a) The Illinois Criminal Justice Information Authority
20shall compile data provided to it pursuant to this Section and
21provide an annual report to the Governor and the General
22Assembly on or before January 1 of each year. The Illinois
23Criminal Justice Information Authority may include findings or
24recommendations in its published annual report.
25    (b) The following data shall be provided to the Illinois



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