Judiciary II - Criminal Law Committee
Filed: 3/10/2005
 
 

 




 

 		












09400HB0121ham001

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AMENDMENT TO HOUSE BILL 121 




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    AMENDMENT NO. ______. Amend House Bill 121 on page 1, by 
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replacing lines 4 and 5 with the following:

 
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    "Section 5. The Unified Code of Corrections is amended  by 
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changing Sections  3-1-2, 3-3-7, 5-6-3, and 5-6-3.1 and  by 
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adding Section 5-1-3.5 as follows:
 



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    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)



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    Sec. 3-1-2. Definitions. (a) "Chief Administrative 
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Officer" means the
person designated by the Director to 
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exercise the powers and duties of the
Department of Corrections 
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in regard to committed persons within
a correctional 
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institution or facility, and includes the
superintendent of any 
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juvenile institution or facility.

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    (a-5) "Sex offense" for the purposes of paragraph (16) of 
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subsection (a) of Section 3-3-7, paragraph (10) of subsection 
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(a) of Section 5-6-3, and paragraph (18) of subsection (c) of 
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Section 5-6-3.1 only  means:
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        (i) A violation of any of the following Sections of the 
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    Criminal Code of
1961: 10-7 (aiding and abetting child 
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    abduction under Section 10-5(b)(10)),
10-5(b)(10) (child 
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    luring), 11-6 (indecent solicitation of a child), 11-6.5

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    (indecent solicitation of an adult),
11-15.1 (soliciting 
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    for a juvenile
prostitute), 11-17.1 (keeping a place of 
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    juvenile prostitution), 11-18.1
(patronizing a juvenile 
 


 






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    prostitute), 11-19.1 (juvenile pimping),
11-19.2 
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    (exploitation of a child), 11-20.1 (child pornography), 
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    12-14.1
(predatory criminal sexual assault of a child), or 
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    12-33 (ritualized abuse of a
child).  An attempt to commit 
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    any of
these offenses.
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        (ii) A violation of any of the following Sections of 
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    the Criminal Code
of 1961: 12-13 (criminal
sexual assault), 
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    12-14 (aggravated criminal sexual assault), 12-16 
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    (aggravated criminal sexual abuse), and subsection (a) of 
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    Section 12-15
(criminal sexual abuse).  An attempt to commit

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    any of these offenses.
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        (iii) A violation of any of the following Sections of 
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    the Criminal Code
of 1961 when the defendant is
not a 
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    parent of the victim:
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            10-1 (kidnapping),

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            10-2 (aggravated kidnapping),
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            10-3 (unlawful restraint),

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            10-3.1 (aggravated unlawful restraint).
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            An attempt to commit any of these offenses.
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        (iv) A violation of any former law of this State 
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    substantially
equivalent to any offense listed in this 
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    subsection (a-5).
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    An offense violating federal law or the law of another 
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state
that is substantially equivalent to any offense listed in 
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this
 subsection (a-5) shall constitute a sex offense for the 
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purpose of
this subsection (a-5).  A finding or adjudication as 
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a sexually dangerous person under
any federal law or law of 
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another state that is substantially equivalent to the
Sexually 
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Dangerous Persons Act shall constitute an adjudication for a 
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sex offense for  the
purposes of this subsection (a-5).

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    (b) "Commitment" means a judicially determined placement

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in the custody of the Department of Corrections on the basis of

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delinquency or conviction.

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    (c) "Committed Person" is a person committed to the 
 


 






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Department,
however a committed person shall not be considered 
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to be an employee of
the Department of Corrections for any 
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purpose, including eligibility for
a pension, benefits, or any 
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other compensation or rights or privileges which
may be 
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provided to employees of the Department.

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    (d) "Correctional Institution or Facility" means any 
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building or
part of a building where committed persons are kept 
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in a secured manner.

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    (e) "Department" means the Department of Corrections of 
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this State.

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    (f) "Director" means the Director of the Department of 
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Corrections.

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    (g) "Discharge" means the final termination of a commitment

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to the Department of Corrections.

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    (h) "Discipline" means the rules and regulations for the

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maintenance of order and the protection of persons and property

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within the institutions and facilities of the Department and

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their enforcement.

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    (i) "Escape" means the intentional and unauthorized 
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absence
of a committed person from the custody of the 
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Department.

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    (j) "Furlough" means an authorized leave of absence from 
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the
Department of Corrections for a designated purpose and 
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period of time.

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    (k) "Parole" means the conditional and revocable release
of 
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a committed person under the supervision of a parole officer.

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    (l) "Prisoner Review Board" means the Board established in

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Section 3-3-1(a), independent of the Department, to review

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rules and regulations with respect to good time credits, to

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hear charges brought by the Department against certain 
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prisoners
alleged to have violated Department rules with 
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respect to good
time credits, to set release dates for certain 
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prisoners
sentenced under the law in effect prior to the 
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effective
date of this Amendatory Act of 1977, to hear requests 
 


 






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and
make recommendations to the Governor with respect to 
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pardon,
reprieve or commutation, to set conditions for parole 
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and
mandatory supervised release and determine whether 
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violations
of those conditions justify revocation of parole or 
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release,
and to assume all other functions previously exercised 
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by the
Illinois Parole and Pardon Board.

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    (m) Whenever medical treatment, service, counseling, or

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care is referred to in this Unified Code of Corrections,
such 
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term may be construed by the Department or Court, within
its 
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discretion, to include treatment, service or counseling by
a 
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Christian Science practitioner or nursing care appropriate

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therewith whenever request therefor is made by a person subject

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to the provisions of this Act.

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    (n) "Victim" shall have the meaning ascribed to it in 
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subsection (a) of
Section 3 of the Bill of Rights for Victims 
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and Witnesses of Violent Crime Act.

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(Source: P.A. 83-1433; 83-1499.)"; and


 
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on page 3, line 6, by replacing "Section 10 of the Sex Offender 
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Management Board Act," with "subsection (a-5) of Section 3-1-2 
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of this Code, unless the offender is a parent or guardian of 
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the person under 18 years of age present in the home and no 
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non-familial minors are present,"; and
 
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on page 6, by inserting below line 10 the following:
 
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    "(730 ILCS 5/5-1-3.5  new)
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    Sec. 5-1-3.5. Sex offense. "Sex offense" for the purposes 
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of paragraph (16) of subsection (a) of Section 3-3-7, paragraph 
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(10) of subsection (a) of Section 5-6-3, and paragraph (18) of 
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subsection (c) of Section 5-6-3.1 only has the meaning ascribed 
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to it in subsection (a-5) of Section 3-1-2 of this Code."; and
 
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on page 8, line 29, by replacing "Section 10 of the Sex 
 


 






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Offender Management Board Act," with "subsection (a-5) of 
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Section 3-1-2 of this Code, unless the offender is a parent or 
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guardian of the person under 18 years of age present in the 
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home and no non-familial minors are present,"; and
 
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on page 19, lines 7 and 8, by replacing "Section 10 of the Sex 
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Offender Management Board Act," with "subsection (a-5) of 
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Section 3-1-2 of this Code, unless the offender is a parent or 
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guardian of the person under 18 years of age present in the 
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home and no non-familial minors are present,".