2004 Legislative Update

ICASA Trends and Issues Forum

Oak Brook, Illinois

Polly Poskin

Lyn M. Schollett

September 15, 2004

Polly PoskinLyn M. Schollett

Illinois Coalition Against Sexual Assault100 North 16th Street

Springfield, IL 62703

217-753-4117

www.icasa.org

pposkin@icasa.org

lscholl@icasa.org

LEGISLATIVE INFORMATION

• www.legis.state.il.us• Statutes• Bills – read & track• Legislator information

• www.icasa.org• Sexual assault bills & fact sheets

Child PhotographyBy Sex Offender

• Unlawful for a child sex offender to conduct or operate business in which children are photographed or videotaped

• New offense• Class 2 felony

P.A. 93-0905

Aggravated Juvenile Pimping

• A person receives consideration (something of value) derived from prostitution by person under the age of 13

• New offense• Class X felony

P.A. 93-069

Unauthorized Live Video

• Expands unauthorized videotaping statute to include– Placing video device– Creating live video transmissions– Disseminating unauthorized videos/

transmissions P.A. 93-

0851

Statute of Limitationsfor Rape and Murder

Provides unlimited statute of limitations for sexual assault if victim is murdered during course of, or within 2 years after, sexual assault

P.A. 93-0834

Removal of Reporting Requirement for Marital Rape

• Removes the requirement that marital rape can only be prosecuted if reported within 30 days

• Now all adult sexual assault cases can be prosecuted within three years of the offense; if the victim reports within 2 years after the offense, the prosecutor may bring charges up to ten years later P.A. 93-0958

Time Frame for Consentingto Toxicology Screening

• Extends the time for a victim to sign a written consent for a toxicology screening after a drug-facilitated sexual assault from 48 hours to 30 days

• Note: don’t wait to collect the urine sample!P.A. 93-0958

Analysis ofEvidence Collection Kits

Requires that sexual assault evidence collection kits currently in state custody be analyzed within two years and that kits collected after effective date of this law be analyzed within one year of receipt

P.A. 93-0781

Increase in Sexual Assault and Domestic Violence Fines

Increases the sexual assault fine and the domestic violence fine from $100 to $200

P.A.93-0810

Denial of Credit on Sexual Assault Fine

Provides that a convicted sex offender ordered to pay the Sexual Assault Fine not be given a credit for each day served in jail prior to trial

P.A. 93-0699

Victim Impact Statements

• Grandparent may submit statement• Court has discretion to determine how many

statements allowed• Court will consider statements in plea

agreementsP.A. 93-0819

Civil No Contact Order Amendments

• permits the court to appoint counsel for the petitioner

• ensures the court’s ability to issue an ex parte Emergency Order

• clarifies the primary remedy of ordering the respondent to “stay away”

• provides the court with the ability to order other appropriate injunctive relief

Civil No Contact Order Amendments (con’t)

• gives the respondent the power to reopen an Order based on an allegation of failure to receive notice or of having a meritorious defense

• allows for modification or reopening of an Order based on a change in the law or facts

• removes the fee for service of process of the Order P.A. 93-0811

FFY 05VAWA Reauthorization

• Status• $ amount

Increased Supervision of Sex Offenders

Creates sex offender specific conditions ofparole or MSR, including but not limited to:• No contact with victim or family• DOC approval of employment, living

location, course of study• No volunteer work with kids

Sex Offender Supervision(con’t)

• No contact w/kids w/o prior approval• Not possessing or accessing sexual material• Not patronizing sexually-oriented businesses• Not residing near or visiting places where

children congregate (pools, parks, etc.)• Providing a daily log of activities P.A. 93-0865

Sex Offender Registration

• Clarifies that registration period begins after final parole, discharge or release

• Mandates that registered offender submit current photo (no more prom pics!)

Sex Offender Registration(con’t)

• Requires local law enforcement to verify residence within 15 days of sentencing to probation or release from DOC

• ISP must develop training for other agencies

P.A. 93-0979

Sex Offender Management

• Provides that PSI is only required when felony sex offender is being considered for probation

• Extends time period for filing PSI from 30 to 60 days

Sex Offender Management(con’t)

• Requires that sentencing hearing for sex offenders and those convicted of offenses that are sexually motivated be conducted within 65 days of verdict

• Requires that sex offender convicted of felony undergo sex offender treatment by provider approved by Sex Offender Management Board and conducted in compliance with standards set by SOMB

Sex Offender Management(con’t)

• Cost of treatment shall be assessed on offender

• Offenders sentenced for felony sex offense or sexually motivated offense to stay away from specified persons

• Other provisions relating to finesP.A. 93-0970