HB1399 - CRIM CD-LEWD SEXUAL DISPLAY

35 Co-Sponsors

Amends the Criminal Code of 2012. Reinserts the provisions of the introduced bill. Provides that a person commits the offense of lewd sexual display in a penal institution when he or she is in the custody of a penal institution and knowingly engages in any of the following acts while he or she is confined in a penal institution: engages in a lewd exposure of the genitals or anus (rather than of the body or sex organs, anus, or breast), for the purpose or effect of intimidating, harassing, or threatening one whom he or she believes to be in the presence or view of such acts. Provides that a person convicted of a second (rather than third) or subsequent violation for lewd sexual display in a penal institution is guilty of a Class 4 felony. Deletes provision that unwillingness or failure to successfully complete a court-ordered mental health court treatment program shall result in a conviction and the convicted person shall be subject to the penalties for the offense. Provides that unwillingness to participate in a court-ordered mental health court treatment program may result in prosecution for the offense. Provides that failure to complete a mental health treatment court program shall have the consequences prescribed by the rules and regulations of that treatment court program. Changes the date of repeal of the provisions from January 1, 2030 to January 1, 2028. Provides that the annual report shall list the race and ethnicity of persons referred for prosecution or charged with lewd sexual display in a penal institution. Deletes the amendatory changes to the Sex Offender Registration Act.