Sen. Ira I. Silverstein
Filed: 5/2/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 804 




2 AMENDMENT NO. ______. Amend House Bill 804 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Section 11-0.1 and by adding Section 11-9.1B as 
6follows:

7 (720 ILCS 5/11-0.1)
8 Sec. 11-0.1. Definitions. In this Article, unless the 
9context clearly requires otherwise, the following terms are 
10defined as indicated:
11 "Accused" means a person accused of an offense prohibited 
12by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of 
13this Code or a person for whose conduct the accused is legally 
14responsible under Article 5 of this Code.
15 "Adult obscenity or child pornography Internet site". See 
16Section 11-23.
 
 
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1 "Advance prostitution" means:
2  (1) Soliciting for a prostitute by performing any of 
3 the following acts when acting other than as a prostitute 
4 or a patron of a prostitute:
5   (A) Soliciting another for the purpose of 
6 prostitution.
7   (B) Arranging or offering to arrange a meeting of 
8 persons for the purpose of prostitution.
9   (C) Directing another to a place knowing the 
10 direction is for the purpose of prostitution.
11  (2) Keeping a place of prostitution by controlling or 
12 exercising control over the use of any place that could 
13 offer seclusion or shelter for the practice of prostitution 
14 and performing any of the following acts when acting other 
15 than as a prostitute or a patron of a prostitute:
16   (A) Knowingly granting or permitting the use of the 
17 place for the purpose of prostitution.
18   (B) Granting or permitting the use of the place 
19 under circumstances from which he or she could 
20 reasonably know that the place is used or is to be used 
21 for purposes of prostitution.
22   (C) Permitting the continued use of the place after 
23 becoming aware of facts or circumstances from which he 
24 or she should reasonably know that the place is being 
25 used for purposes of prostitution. 
26 "Agency". See Section 11-9.5.
 
 
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1 "Arranges". See Section 11-6.5.
2 "Bodily harm" means physical harm, and includes, but is not 
3limited to, sexually transmitted disease, pregnancy, and 
4impotence.
5 "Care and custody". See Section 11-9.5.
6 "Child care institution". See Section 11-9.3.
7 "Child pornography". See Section 11-20.1.
8 "Child sex offender". See Section 11-9.3.
9 "Community agency". See Section 11-9.5.
10 "Conditional release". See Section 11-9.2.
11 "Consent". See Section 11-1.70.
12 "Custody". See Section 11-9.2.
13 "Day care center". See Section 11-9.3.
14 "Depict by computer". See Section 11-20.1.
15 "Depiction by computer". See Section 11-20.1.
16 "Disseminate". See Section 11-20.1.
17 "Distribute". See Section 11-21.
18 "Family member" means a parent, grandparent, child, aunt, 
19uncle, great-aunt, or great-uncle, whether by whole blood, 
20half-blood, or adoption, and includes a step-grandparent, 
21step-parent, or step-child. "Family member" also means, if the 
22victim is a child under 18 years of age, an accused who has 
23resided in the household with the child continuously for at 
24least 6 months.
25 "Force or threat of force" means the use of force or 
26violence or the threat of force or violence, including, but not 
 
 
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1limited to, the following situations:
2  (1) when the accused threatens to use force or violence 
3 on the victim or on any other person, and the victim under 
4 the circumstances reasonably believes that the accused has 
5 the ability to execute that threat; or
6  (2) when the accused overcomes the victim by use of 
7 superior strength or size, physical restraint, or physical 
8 confinement.
9 "Harmful to minors". See Section 11-21.
10 "Loiter". See Section 9.3. 
11 "Material". See Section 11-21.
12 "Minor". See Section 11-21.
13 "Nudity". See Section 11-21.
14 "Obscene". See Section 11-20.
15 "Part day child care facility". See Section 11-9.3.
16 "Penal system". See Section 11-9.2.
17 "Person responsible for the child's welfare". See Section 
1811-9.1A.
19 "Person with a disability". See Section 11-9.5.
20 "Playground". See Section 11-9.3.
21 "Probation officer". See Section 11-9.2.
22 "Produce". See Section 11-20.1.
23 "Profit from prostitution" means, when acting other than as 
24a prostitute, to receive anything of value for personally 
25rendered prostitution services or to receive anything of value 
26from a prostitute, if the thing received is not for lawful 
 
 
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1consideration and the person knows it was earned in whole or in 
2part from the practice of prostitution. 
3 "Public park". See Section 11-9.3.
4 "Public place". See Section 11-30.
5 "Reproduce". See Section 11-20.1.
6 "Sado-masochistic abuse". See Section 11-21.
7 "School". See Section 11-9.3. 
8 "School official". See Section 11-9.3.
9 "Sexual abuse". See Section 11-9.1A.
10 "Sexual act". See Section 11-9.1.
11 "Sexual conduct" means any knowing touching or fondling by 
12the victim or the accused, either directly or through clothing, 
13of the sex organs, anus, or breast of the victim or the 
14accused, or any part of the body of a child under 13 years of 
15age, or any transfer or transmission of semen by the accused 
16upon any part of the clothed or unclothed body of the victim, 
17for the purpose of sexual gratification or arousal of the 
18victim or the accused.
19 "Sexual excitement". See Section 11-21.
20 "Sexual penetration" means any contact, however slight, 
21between the sex organ or anus of the victim or the accused one 
22person and an object or body part, including but not limited 
23to, or the sex organ, mouth, or anus of the victim or the 
24accused another person, or any intrusion, however slight, of 
25any part of the body of the victim or the accused one person or 
26of any animal or object into the sex organ or anus of the 
 
 
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1victim or the accused another person, including, but not 
2limited to, cunnilingus, fellatio, or anal penetration. 
3Evidence of emission of semen is not required to prove sexual 
4penetration.
5 "Solicit". See Section 11-6.
6 "State-operated facility". See Section 11-9.5.
7 "Supervising officer". See Section 11-9.2.
8 "Surveillance agent". See Section 11-9.2.
9 "Treatment and detention facility". See Section 11-9.2.
10 "Victim" means a person alleging to have been subjected to 
11an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, 
1211-1.50, or 11-1.60 of this Code.

13(Source: P.A. 96-1551, eff. 7-1-11.)

14 (720 ILCS 5/11-9.1B new)
15 Sec. 11-9.1B. Failure to report sexual abuse of a child.
16 (a) For the purposes of this Section:
17 "Child" means any person under the age of 13.
18 "Sexual abuse" means any contact, however slight, between 
19the sex organ or anus of the victim or the accused and an 
20object or body part, including but not limited to, the sex 
21organ, mouth, or anus of the victim or the accused, or any 
22intrusion, however slight, of any part of the body of the 
23victim or the accused or of any animal or object into the sex 
24organ or anus of the victim or the accused, including, but not 
25limited to, cunnilingus, fellatio, or anal penetration. 
 
 
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1Evidence of emission of semen is not required to prove sexual 
2abuse.
3 (b) A person over the age of 18 commits failure to report 
4sexual abuse of a child when he or she personally observes 
5sexual abuse, as defined by this Section, between a person who 
6he or she knows is over the age of 18 and a person he or she 
7knows is a child, and knowingly fails to report the sexual 
8abuse to law enforcement.
9 (c) This Section does not apply to a person who makes 
10timely and reasonable efforts to stop the sexual abuse by 
11reporting the sexual abuse in conformance with the Abused and 
12Neglected Child Reporting Act or by reporting the sexual abuse 
13or causing a report to be made, to medical or law enforcement 
14authorities or anyone who is a mandated reporter under Section 
154 of the Abused and Neglected Child Reporting Act.
16 (d) A person may not be charged with the offense of failure 
17to report sexual abuse of a child under this Section until the 
18person who committed the offense is charged with criminal 
19sexual assault, aggravated criminal sexual assault, predatory 
20criminal sexual assault of a child, criminal sexual abuse, or 
21aggravated criminal sexual abuse.
22 (e) It is an affirmative defense to a charge of failure to 
23report sexual abuse of a child under this Section that the 
24person who personally observed the sexual abuse had a 
25reasonable apprehension that timely action to stop the abuse 
26would result in the imminent infliction of death, great bodily 
 
 
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1harm, permanent disfigurement, or permanent disability to that 
2person or another in retaliation for reporting.
3 (f) Sentence. A person who commits failure to report sexual 
4abuse of a child is guilty of a Class A misdemeanor for the 
5first violation and a Class 4 felony for a second or subsequent 
6violation.
7 (g) Nothing in this Section shall be construed to allow 
8prosecution of a person who personally observes the act of 
9sexual abuse and assists with an investigation and any 
10subsequent prosecution of the offender.".