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2004 Legislative Update

2004 Legislative Update. ICASA Trends and Issues Forum Oak Brook, Illinois Polly Poskin Lyn M. Schollett September 15, 2004. Polly Poskin Lyn M. Schollett. Illinois Coalition Against Sexual Assault 100 North 16 th Street Springfield, IL 62703 217-753-4117 www.icasa.org

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2004 Legislative Update

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  1. 2004 Legislative Update ICASA Trends and Issues Forum Oak Brook, Illinois Polly Poskin Lyn M. Schollett September 15, 2004

  2. Polly PoskinLyn M. Schollett Illinois Coalition Against Sexual Assault 100 North 16th Street Springfield, IL 62703 217-753-4117 www.icasa.org pposkin@icasa.org lscholl@icasa.org

  3. LEGISLATIVE INFORMATION • www.legis.state.il.us • Statutes • Bills – read & track • Legislator information • www.icasa.org • Sexual assault bills & fact sheets

  4. 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

  5. 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

  6. Unauthorized Live Video • Expands unauthorized videotaping statute to include • Placing video device • Creating live video transmissions • Disseminating unauthorized videos/ transmissions P.A. 93-0851

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. Victim Impact Statements • Grandparent may submit statement • Court has discretion to determine how many statements allowed • Court will consider statements in plea agreements P.A. 93-0819

  14. 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

  15. 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 OrderP.A. 93-0811

  16. FFY 05VAWA Reauthorization • Status • $ amount

  17. Increased Supervision of Sex Offenders Creates sex offender specific conditions of parole 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

  18. 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

  19. 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!)

  20. 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

  21. 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

  22. 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

  23. 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 fines P.A. 93-0970

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