2009 Sexual Assault Legislative Update Lyn M. Schollett November 2009

Lyn M. Schollett, General Counsel Libby Shawgo, Paralegal Illinois Coalition Against Sexual Assault 100 North 16 th Street Springfield, IL www.icasa.org

LEGISLATIVE INFORMATION Bills – read & track Legislator information 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

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

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

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

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

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

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

CNCO Act Changes, Cont. Significant changes include adding : other protected parties;other protected parties; specific remedies, including ordering the respondent tospecific 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;aiding and abetting a sexual assault as grounds for a CNCO; additional privacy protections for petitioners;additional privacy protections for petitioners; a provision allowing a judge to grant an unlimited extension of a plenary CNCO; anda 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.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

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

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

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

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

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

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

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

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

CRIMINAL LAW

Showing Harmful Materials to Minors Criminalizes showing harmful materials to minors. Already illegal to distribute harmful material to a minor. P.A

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

Criminal Procedure

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

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

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

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

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

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

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

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

Child Sex Offenders Cannot Drive Ice Cream Trucks It is unlawful for a child sex offender to drive an: ice cream truckice cream truck authorized emergency vehicleauthorized emergency vehicle rescue vehiclerescue vehicle P.A

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

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

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