1. 2009 Sexual Assault Legislative Update Lyn M. Schollett November 2009

2. Lyn M. Schollett, General Counsel lscholl@icasa.org Libby Shawgo, Paralegal lshawgo@icasa.org Illinois Coalition Against Sexual Assault 100 North 16 th Street Springfield, IL 62703 217-753-4117www.icasa.org

3. LEGISLATIVE INFORMATION www.ilga.govStatutes 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: 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. 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;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.

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 truckice cream truck authorized emergency vehicleauthorized emergency vehicle rescue vehiclerescue 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