2009 Sexual Assault
Legislative Update
Lyn M. Schollett
November 2009
Lyn M. Schollett, General Counsel
lscholl@icasa.org
Libby Shawgo, Paralegal
lshawgo@icasa.org
Illinois Coalition Against Sexual Assault
100 North 16th Street
Springfield, IL 62703
217-753-4117
www.icasa.org
LEGISLATIVE INFORMATION
www.ilga.gov
Statutes
Bills – read & track
Legislator information
www.icasa.org
Sexual assault bills & fact sheets
CRIME VICTIMS
Re-writes the Stalking and
Cyberstalking Laws
Changes the elements of the offenses of
stalking and cyberstalking.
A person commits stalking when he or she
knowingly engages in a course of conduct
directed at a specific person, and that a
person also commits aggravated stalking
when he or she violates a stalking no
contact order or a civil no contact order.
P.A. 96-686
New Stalking No Contact Order
Creates a stalking no contact order, which is a
protective order for victims of stalking.
Victim must show that:
o the person engaged in repeated and
unwanted contact with the victim or a member
of the victim’s immediate family or household;
o it is reasonable for the victim to have been
alarmed or coerced by the contact; and
o the repeated and unwanted contact causes
the victim to fear for her safety or the safety of
her family or household.
P.A. 96-246
Protection Against
Discrimination for Domestic
Violence Victims
It is unlawful to discriminate against an
individual because of his or her order-ofprotection status.
P.A. 96-447
Expands the Victims’ Economic
Security and Safety Act (VESSA)
Amends the Victims’ Economic Security
and Safety Act (VESSA) so that it applies
to private businesses that employ 15 or
more people (currently 50).
P.A. 96-635
Extends Rape Shield Law to
Civil Cases
Extends Illinois’ rape shield law for
criminal cases to civil cases.
Ensures that a rape victim’s sexual history
and reputation are not admitted in civil
cases unless specific criteria are met.
P.A. 96-307
Abuse and Neglect
Investigations at Mental Health
Facilities
The Inspector General is required to
investigate when there is an allegation that
an employee at a Department of Human
Services facility or community agency has
abused an individual receiving services in
any way.
P.A. 96-407
Amends the Civil No Contact
Order Act
Strengthens and improves the
existing Civil No Contact Order Act,
which provides a protective order for
sexual assault victims.
P.A. 96-311
CNCO Act Changes, Cont.
Significant changes include adding :
• other protected parties;
• specific remedies, including ordering the respondent to
stay away from the victim and her property;
transfer to a new school;
• aiding and abetting a sexual assault as grounds for a
CNCO;
• additional privacy protections for petitioners;
• a provision allowing a judge to grant an unlimited
extension of a plenary CNCO; and
• a contempt procedure to enforce a CNCO when it is
violated.
Notice of Child’s Order of
Protection
A parent who has a child with an order of
protection can ask the circuit court clerk to
send a certified copy of the OP to a day
care, school, and/or healthcare provider.
P.A. 96-651
Creates “Silver Alert” System
Establishes a "Silver Alert" missing and
endangered persons alert system for
seniors and persons with disabilities.
P.A. 96-149
Victim Impact Statement at a
Commitment Hearing
A victim or the victim's family or household
member has the right to present a victim
impact statement at a commitment hearing
when a defendant has been found not
guilty by reason of insanity of a violent
crime.
P.A. 96-117
HEALTH CARE
Healthcare & Evidence
Collection for Sexual Assault
Victims with Disabilities
All sexual assault victims can consent to
their own health care even if they have a
guardian.
A sexual assault victim who has a
guardian can release his or her own
forensic evidence or, if the guardian will
not release the evidence, law enforcement
can release it.
P.A. 96-318
Expedited Partner Therapy
Health care professionals can prescribe
antibiotics to treat chlamydia or gonorrhea
to a patient’s partner when the patient is
diagnosed with chlamydia or gonorrhea.
P.A. 96-613
Bans Forced Sterilization of
People with Disabilities
Adults with disabilities who have a
guardian cannot be sterilized without
due process. Previously, there was no
requirement that a guardian of an adult
with a disability petition the court to
authorize a ward’s sterilization.
P.A. 96-272
PREVENTION EDUCATION
Teen Dating Violence
Education
The Comprehensive Health Education
Program may include instruction on teen
dating violence in grades 8 through 12.
P.A. 96-383
Disability History and
Awareness
The Illinois State Board of Education must
promote an annual disability history and
awareness campaign.
School districts must provide instruction on
disability history, people with disabilities, and the
disability rights movement.
Colleges and Universities may provide similar
instruction.
P.A. 96-191
Colleges Must Post Sexual
Harassment Laws and Policies
Every institution of higher education must
post sexual harassment laws and policies
in a prominent and accessible location .
P.A. 96-574
CRIMINAL LAW
Showing Harmful Materials to
Minors
Criminalizes showing harmful materials to
minors.
Already illegal to distribute harmful
material to a minor.
P.A. 96-280
Helping Victims of Child
Pornography
Child pornography that involves actual or
simulated sex acts with children can be
prosecuted at any time.
Child pornography victims are eligible for
crime victim compensation.
Parents can give victim impact statements
in cases of indecent solicitation of a child,
child pornography, and aggravated child
pornography.
P.A. 96-292
Criminal Procedure
Extends Statute of Limitation for
Criminal Sexual Abuse Against Minors
Age 28 if misdemeanor
Age 38 if felony
P.A. 96-233
Expands Family Members
Expands definition of family members in
the Sex Crimes Act to include
– Aunt, uncle, great-aunt, great-uncle
– Anyone living in the household for 6 months
or longer.
Expands family members included in
crime of Sexual Relations Within Families.
P.A. 96-233
Expands Eavesdropping Exception
for Sex Crimes Against Children
Expands the consensual eavesdropping
exemption for investigation of sex crimes
against children.
P.A. 96-547
Sex Offender Management
Use of GPS Devices for
Child Sex Offenders
Most child sex offenders must wear
a GPS tracking device as a
condition of parole or mandatory
supervised release.
P.A. 96-236
GPS for Batterers Optional
The court can determine whether to order a
person charged with violating a protective order
to take a risk assessment evaluation on a caseby-case basis.
The judge may then order the offender to wear a
satellite tracking device as a condition of parole,
mandatory supervised release, early release,
probation, or conditional discharge.
The GPS bracelet alerts police and the victim
when the offender breaches a court-imposed
boundary.
P.A. 96-688
Use of Computer Scrub Software
by Sex Offenders Prohibited
Sex offenders cannot use computer scrub
software on any computer.
P.A. 96-362
Use of Social Networking Sites
by Sex Offenders Prohibited
It is a Class 4 felony for a person required
to register as a sex offender to access or
use a social networking website.
P.A. 96-262
Sex Offender Registration
Grooming and traveling to meet a
minor are added to the list of sex
offenses requiring registration as a
sex offender.
P.A. 96-301
Child Sex Offenders Cannot Drive
Ice Cream Trucks
It is unlawful for a child sex offender to
drive an:
• ice cream truck
• authorized emergency vehicle
• rescue vehicle
P.A. 96-118
JUVENILE JUSTICE/
MANDATED REPORTING
Creates the Juvenile Electronic
Home Detention Law
A delinquent minor can be placed in a
juvenile electronic home monitoring
program for most acts that if committed by
an adult would be a Class 1 felony or
Class X felony.
Exceptions for certain crimes, including
aggravated criminal sexual assault and
criminal sexual assault.
P.A. 96-293
Adds Animal Control Officers as
Mandated Reporters to DCFS
Animal welfare investigators are mandated
reporters of child abuse to DCFS.
DCFS investigators are mandated
reporters of animal abuse to the
Department of Agriculture's Bureau of
Animal Health and Welfare.
P.A. 96-494
Easier Expungement of Some
Juvenile Records
A juvenile offender can have law
enforcement and court records of first
offense expunged after turning 18 if the
crime is a misdemeanor and certain other
conditions are met.
P.A. 96-707