2009 Sexual Assault Legislative Update

1. 2009 Sexual AssaultLegislative Update Lyn M. Schollett November 2009

2. Lyn M. Schollett, General Counsellscholl@icasa.orgLibby Shawgo, Paralegallshawgo@icasa.org Illinois Coalition Against Sexual Assault 100 North 16th Street Springfield, IL 62703 217-753-4117 www.icasa.org

3. LEGISLATIVE INFORMATION • www.ilga.gov • Statutes • Bills – read & track • Legislator information • www.icasa.org • Sexual assault bills & fact sheets

4. CRIME VICTIMS

5. 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

6. New Stalking No Contact Order • Creates a stalking no contact order, which is a protective order for victims of stalking. • Victim must show that: • the person engaged in repeated and unwanted contact with the victim or a member of the victim’s immediate family or household; • it is reasonable for the victim to have been alarmed or coerced by the contact; and • 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

7. Protection Against Discrimination for Domestic Violence Victims • It is unlawful to discriminate against an individual because of his or her order-of-protection status. P.A. 96-447

8. 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

9. 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

10. 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

11. 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

12. 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.

13. 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

14. Creates “Silver Alert” System • Establishes a "Silver Alert" missing and endangered persons alert system for seniors and persons with disabilities. P.A. 96-149

15. 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

16. HEALTH CARE

17. 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

18. 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

19. 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

20. PREVENTION EDUCATION

21. 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

22. 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

23. 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

24. CRIMINAL LAW

25. Showing Harmful Materials to Minors • Criminalizes showing harmful materials to minors. • Already illegal to distribute harmful material to a minor. P.A. 96-280

26. 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

27. Criminal Procedure

28. Extends Statute of Limitation for Criminal Sexual Abuse Against Minors • Age 28 if misdemeanor • Age 38 if felony P.A. 96-233

29. 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

30. Expands Eavesdropping Exception for Sex Crimes Against Children • Expands the consensual eavesdropping exemption for investigation of sex crimes against children. P.A. 96-547

31. Sex Offender Management

32. 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

33. 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 case-by-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

34. Use of Computer Scrub Software by Sex Offenders Prohibited • Sex offenders cannot use computer scrub software on any computer. P.A. 96-362

35. 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

36. 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

37. 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

38. JUVENILE JUSTICE/MANDATED REPORTING

39. 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

40. 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

41. 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