Support Illinois HB 1063 to Remove the Criminal Statute of Limitations for Sex Crimes Against Children

Action Alert! We need your help! Support HB 1063 to Remove the Criminal Statute of Limitations for Sex Crimes Against Children The Bill: HB 1063 eliminates the criminal statute of limitations for sex crimes committed against children, giving prosecutors an unlimited amount of time to try these cases.  This bill reflects the reality of childhood sexual abuse, and the fact that many survivors of childhood sexual abuse are not able to come forward until later in life. The bill is scheduled to be heard on Wednesday, May 15 in subcommittee at 8:55 a.m. and in the Senate Criminal Law Committee at 9:00 a.m. ICASA staff and a fabulous survivor will be providing testimony in support of the bill.  The bill passed the House 109-0 but has been substantially slowed in the Senate because the Illinois States Attorneys' Association opposes it.  We need your help! How You Can Help: You can do two things to help move this bill along - each of them will only take a few minutes. 1.    Before 5 p.m. on Tuesday, May 14, submit an electronic witness slip on behalf of your organization in support of the bill. Here's how to fill out the slip online: A.  Click here to go to the Senate Criminal Law Hearing page.  B.  Scroll down to HB 1063, and click on "Create Witness Slip."C.  Fill out your information, identify yourself as a "proponent" for the bill, and check "Record of Appearance Only."D.  When you receive a confirmation email, please forward it to Lshawgo@icasa.org 2.  The bill will be heard first in a subcommittee of the Senate Criminal Law Committee and then in the Criminal Law Committee. If your Senator is on the Criminal Law Committee, please call their office before 5 p.m. on Tuesday, May 14, and ask them to "Please vote yes on HB 1063."  It is perfectly fine to tell their assistant why you personally feel that prosecutors should have more time to prosecute these cases. Tim Bivins -(R) 45th District  (217) 782-0180 Michael Connelly -(R) 21st District  (217) 782-8192 Bill Cunningham -(D) 18th District  (217) 782-5145 William R. Haine -(D) 56th District (also serves on Special Issues Subcommittee)  (217) 782-5247 Dan Kotowski -(D) 28th District (also serves on Special Issues Subcommittee)  (217) 782-3875 John Mulroe -(D) 10th District  (217) 782-1035 Michael Noland -(D) 22nd District (217) 782-7746 Kwame Raoul -(D) 13th District  (217) 782-5338 Dale Righter -(R) 55th District (also serves on Special Issues Subcommittee)  (217) 782-6674 Patricia Van Pelt -(D) 5th District  (217) 782-6252 A copy of the fact sheet in support of the bill is below for you to review.  Please forward this email widely! If you have any questions, please contact the ICASA office at 217-753-4117. ___________________________________________________________________________________ Support HB 1063 Removes Criminal Statute of Limitations for Sex Crimes Against Children Status: Senate Subcommittee on Special Issues Sponsors: Representative Jefferson (D-67); Senators Collins (D-16), Hunter (D-3) What Does the Bill Do? HB 1063 removes the criminal statute of limitations for any sex offense when the victim was under 18 years at the time of the offense. Why Does the Statute of Limitations Need to be Changed? Most child victims are not ready to report the abuse to law enforcement until after the criminal statute of limitations has expired.  Most child victims are abused by family members or family acquaintances. Offenders often use coercion/guilt tactics to prevent the reporting of abuse. Some of the effects of sexual abuse do not become apparent until the victim is an adult and a major life event, such as marriage or birth of a child, takes place. This law would protect other children from victimization by giving prosecutors a better chance to prosecute and convict sex offenders.

Sex abuse rate climbs in the state of IL

Sex abuse rate climbs in the state of IL
By Stephen Rickerl
The Southern - December 26, 2012

  
 A report by the Illinois Department of Children and Family Services shows a 6 percent increase in reported instances of child sexual abuse in most parts of the state.

In Southern Illinois, nearly a dozen counties have child sex abuse rates more than twice the state average.

Reports of sex abuse have increased in 101 of Illinois’ 102 counties; Cook was the only county that saw a slight decline in cases this year. The report compares allegations of sex abuse from July 1, 2012, to Nov. 30, 2012, to the same period last year.

The rise in reports concerns DCFS, said department Spokesman Dave Clarkin, because 67 downstate counties had a higher than average sex abuse rate last year, including 24 counties in central and Southern Illinois with a rate more than double the state average.

Counties in Southern Illinois with more than double the state average are: Alexander, Clay, Hardin, Johnson, Massac, Perry, Richland, Saline, Wabash, Wayne and White.

“The high rate of sex abuse in downstate Illinois, particularly central and Southern Illinois, is rising even further this year,” said Clarkin “We are implementing a reorganization plan that increases the number of abuse investigators at DCFS so that we can get children and families the help they need more quickly, and we hope lawmakers will fund that plan in early January.”

The reorganization plan, which goes into effect Jan. 2, will increase the number of DCFS investigators by 138, but requires the General Assembly to restore about $38 million in funding cuts to the department.

According to the report, the demographics of the 2,208 sexual abuse victims last year: 65 percent are from outside of Cook County, 72 percent are under the age of 14, 58 percent are white, and while girls account for the majority of victims, one in five victims are boys.

Of the 1,965 sex abuse perpetrators last year, 53 percent are family members. Sixty percent of perpetrators are white, and 68 percent are younger than 40. While men account for the majority of perpetrators, about one in 13 are women.

The report shows sexual abuse is going unreported. One in four girls and one in six boys will be victims of child sexual abuse by the time they turn 18, but the state’s Child Abuse Hotline received only 1,366 calls from a family member, friend or neighbor — 82 percent of reports are made by professionals required to report abuse and neglect.

Clarkin urged family members and friends to report sexual abuse.

The Child Abuse Hotline number is 800-252-2873.

High Rates:

Counties in Southern Illinois with more than double the state average of sex abuse rates are Alexander, Clay, Hardin, Johnson, Massac, Perry, Richland, Saline, Wabash, Wayne and White.

Immunity for reporting child abuse in Illinois

As of July 1, 1975 those who report suspected cases of child abuse and or neglect would be given legal immunity.  This included cases of sexual abuse and "mental injury".  The law also changed the age limit for victims the from age of 16 to 18.

Chicago Area: Networking Group for Adult Survivors of Childhood Trauma

New State Laws Will Take Effect Jan. 1, 2011 in Illinois

• Statute of Limitations (HB 6124/PA 96‐1093): Statute of limitations: Increases the statute of limitations for a civil action for childhood sexual abuse to 20 years from the date the person turns 18, or 20 years from the date the abused person discovers that the act of childhood sexual abuse occurred, and that the injury was caused by the childhood sexual abuse.

• Child Sex Offenders (HB 6464/PA 96‐1094): Makes it unlawful for a parent or guardian to leave their child in the custody of a convicted child sex offender and also requires registered child sex offenders to report to law enforcement whether they reside in a household with a child younger than 18 who is not their own child.

• Public Indecency (SB 2589/PA 96‐1098): Increases the penalty for public indecency and sexual exploitation of a child when the offense is committed by a person older than 18 on or within 500 feet of school grounds when children are present.

• Crime Victim Notification (HB 5791/PA 96‐1092): Allows the attorney general to establish a crime victim and witness notification system to assist public officials in carrying out their duties to notify and inform crime victims and witnesses.

• Sexual Predator (HB 5043/PA 96‐1089): Requires lifetime registration as a sexual predator for a sexually motivated first degree murder of a person under 18 by a person who is least 17, kidnapping or unlawful restraint of a person under 18 by someone who is not the child's parent, child abduction by luring a child under 16 without the consent of the child's parent, and sexual misconduct with a person with a disability.

• Sex Offender Restrictions (SB 2824/PA 96‐1099): Prohibits sexual predators and child sex offenders from being in a public park or loitering within 500 feet of a public park.

• Sex Offender Location Notification (SB 3176/PA 96‐1102): Requires a sex offender or sexual predator to register with the appropriate law enforcement agency if the offender is temporarily living in that jurisdiction for three or more days, and requires a sex offender or sexual predator who is temporarily absent from his or her current address of registration for three or more days to notify the law enforcement agency having jurisdiction over the current registration, including the itinerary for travel.

• Sex Offense Sentencing (SB 1020/PA 96‐1390): Gives the sentencing judge discretion to impose an extended prison sentence on a major sex offense if the victim was under 18 and the victim was known to be under the influence of alcohol at the time of the offense.

• Sex Offense Victim Polygraph (HB 5931/PA 96‐1273): Prohibits law enforcement from even asking a sex offense victim to submit to a lie detector test.

• Sexting Teens under the age of 18 face stiffer penalties if they are caught distributing lewd photographs using their cell phones or computers. Under the state’s new “sexting” law, violators could be sentenced to community service and counseling.

• Rape crisis records: Expands the privacy rights that adults with guardians have over their rape crisis counseling records;

Illinois Stalking Law - Amended 2002

Illinois Stalking Law

Stalking

720 ILCS 5/12-7.3 Stalking. Amended 2002. 

(a) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and: 

(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or 

(2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or 

(3) places that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint. 

(a-5) a person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion: 

(1) follows that same person or places that same person under surveillance; and 

(2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint; and 

(3) the threat is directed towards that person or a family member of that person. 

(b) Sentence. Stalking is a Class 4 felony. A second or subsequent conviction for stalking is a Class 3 felony. 

(b-5) The incarceration of a person in a penal institution who transmits a threat is not a bar to prosecution under this Section. 

(c) Exemption. This Section does not apply to picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, or any exercise of the right of free speech or assembly that is otherwise lawful. 

(d) For the purpose of this Section, a defendant "places a person under surveillance" by remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant. 

(e) For the purpose of this Section, "follows another person" means (i) to move in relative proximity to a person as that person moves from place to place or (ii) to remain in relative proximity to a person who is stationary or whose movements are confined to a small area. "Follows another person" does not include a following within the residence of the defendant. 

(f) For the purposes of this Section and Section 12-7.4, "bona fide labor dispute" means any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements. 

(g) For the purposes of this Section, "transmits a threat" means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements or conduct. 

(h) For the purposes of this Section, "family member" means a parent, grandparent, brother, sister, or child, whether by whole blood, half-blood, or adoption and includes a step-grandparent, step-parent, step-brother, step-sister or step-child. "Family member" also means any other person who regularly resides in the household, or who, within the prior 6 months, regularly resided in the household. 

Aggravated Stalking

720 ILCS 5/12-7.4. Aggravated stalking. Amended 1995.

(a) A person commits aggravated stalking when he or she, in conjunction with committing the offense of stalking, also does any of the following:

(1) causes bodily harm to the victim;

(2) confines or restrains the victim; or

(3) violates a temporary restraining order, an order of protection, or an injunction prohibiting the behavior described in subsection (b)(1) of Section 214 of the Illinois Domestic Violence Act of 1986 [750 ILCS 60/214].

(b) Sentence. Aggravated stalking is a Class 3 felony. A second or subsequent conviction for aggravated stalking is a Class 2 felony.

(c) Exemption. This Section does not apply to picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, or any exercise of the right of free speech or assembly that is otherwise lawful.

(d) For purposes of this Section, "bona fide labor dispute" has the meaning ascribed to it in Section 12-7.3 [720 ILCS 5/12-7.3].

Cyberstalking

720 ILCS 5/12-7.5. Cyberstalking. 2001.

(a) A person commits cyberstalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions, harasses another person through the use of electronic communication and:

(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person, or

(2) places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint.

(b) As used in this Section:

"Harass" means to engage in a knowing and willful course of conduct directed at a specific person that alarms, torments, or terrorizes that person.

"Electronic communication" means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electronmagnetic, photoelectric, or photo-optical system. "Electronic communication" includes transmissions by a computer through the Internet to another computer.

(c) Sentence. Cyberstalking is a Class 4 felony. A second or subsequent conviction for cyberstalking is a Class 3 felony.

Harassment

720 ILCS 135/0.01 - 135/2 Harassing and Obscene Communications Act 720 ILCS 135/0.01 Short Title Harassing and Obscene Communications Act 1957. Amended 1998.

720 ILCS 135/1. Sending obscene messages

Any person in this State who sends messages or uses language or terms which are obscene, lewd or immoral with the intent to offend by means of or while using a telephone or telegraph facilities, equipment or wires of any person, firm or corporation engaged in the transmission of news or messages between states or within the State of Illinois is guilty of a Class B misdemeanor. The use of language or terms which are obscene, lewd or immoral is prima facie evidence of the intent to offend.

720 ILCS 135/1-1. Harassment by telephone. Amended 2000.

Harassment by telephone is use of telephone communication for any of the following purposes:

(1) Making any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent with an intent to offend; or

(2) Making a telephone call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the called number; or

(3) Making or causing the telephone of another repeatedly to ring, with intent to harass any person at the called number; or

(4) Making repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or

(4.1) Making a telephone call or knowingly inducing a person to make a telephone call for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense; or

(5) Knowingly permitting any telephone under one's control to be used for any of the purposes mentioned herein.

Every telephone directory published for distribution to members of the general public shall contain a notice setting forth a summary of the provisions of this Section. Such notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word "WARNING". All telephone companies in this State shall cooperate with law enforcement agencies in using their facilities and personnel to detect and prevent violations of this Act.

720 ILCS 135/1-2. Harassment through electronic communications. Amended 2000.

(a) Harassment through electronic communications is the use of electronic communication for any of the following purposes:

(1) Making any comment, request, suggestion or proposal which is obscene with an intent to offend;

(2) Interrupting, with the intent to harass, the telephone service or the electronic communication service of any person;

(3) Transmitting to any person, with the intent to harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device;

(3.1) Transmitting an electronic communication or knowingly inducing a person to transmit an electronic communication for the purpose of harassing another person who is under 13 years of age, regardless of whether the person under 13 years of age consents to the harassment, if the defendant is at least 16 years of age at the time of the commission of the offense;

(4) Threatening injury to the person or to the property of the person to whom an electronic communication is directed or to any of his or her family or household members; or

(5) Knowingly permitting any electronic communications device to be used for any of the purposes mentioned in this subsection (a).

(b) As used in this Act:

(1) "Electronic communication" means any transfer of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system.

(2) "Family or household member" includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. For purposes of this Act, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship. 

Ritual Abuse Act - Illinois

State of Illinois
Public Acts
90th General Assembly
http://www.legis.state.il.us/publicacts/pubact90/acts/90-0088.html




Public Act 90-0088


HB0106 Enrolled LRB9000925RCsb


AN ACT to amend the Criminal Code of 1961 by changing Sections 12-32 and 12-33 and adding Section 12-34.


Be it enacted by the People of the State of Illinois, represented in the General Assembly:


Section 5. The Criminal Code of 1961 is amended by changing Sections 12-32 and 12-33 and adding Section 12-34 as
follows:


(720 ILCS 5/12-32) (from Ch. 38, par. 12-32)
Sec. 12-32. Ritual Mutilation.

(a) A person commits the offense of ritual mutilation, when he or she mutilates, dismembers or tortures another person as part of a ceremony, rite, initiation, observance, performance or practice, and the victim did not consent or under such circumstances that the defendant knew or should have known that the victim was unable to render effective consent.

(b) Sentence. Ritual mutilation is a Class 2 felony.

(c) The offense ritual mutilation does not include the practice of male circumcision or a ceremony, rite, initiation, observance, or performance related thereto. (Source: P.A. 86-864; 86-1028.)

(720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
Sec. 12-33. Ritualized abuse of a child.

(a) A person is guilty of ritualized abuse of a child when he or she commits any of the following acts with, upon,
or in the presence of a child as part of a ceremony, rite or any similar observance:

(1) actually or in simulation, tortures, mutilates, or sacrifices any warm-blooded animal or human being;

(2) forces ingestion, injection or other application of any narcotic, drug, hallucinogen or anaesthetic for the purpose of dulling sensitivity, cognition, recollection of, or resistance to any criminal activity;

(3) forces ingestion, or external application, of human or animal urine, feces, flesh, blood, bones, body secretions, nonprescribed drugs or chemical compounds;

(4) involves the child in a mock, unauthorized or unlawful marriage ceremony with another person or representation of any force or deity, followed by sexual contact with the child;

(5) places a living child into a coffin or open grave containing a human corpse or remains;

(6) threatens death or serious harm to a child, his or her parents, family, pets, or friends that instills a well-founded fear in the child that the threat will be carried out; or

(7) unlawfully dissects, mutilates, or incinerates a human corpse.

(b) The provisions of this Section shall not be construed to apply to:

(1) lawful agricultural, animal husbandry, food preparation, or wild game hunting and fishing practices and specifically the branding or identification of livestock;

(2) the lawful medical practice of male circumcision or any ceremony related to male circumcision;

(3) any state or federally approved, licensed, or funded research project; or

(4) the ingestion of animal flesh or blood in the performance of a religious service or ceremony.

(c) Ritualized abuse of a child is a Class 1 felony for a first offense. A second or subsequent conviction for ritualized abuse of a child is a Class X felony for which the offender may be sentenced to a term of natural life imprisonment.

(d) For the purposes of this Section, "child" means any person under 18 years of age.

(Source: P.A. 87-1167.)

(720 ILCS 5/12-34 new)
Sec. 12-34. Female genital mutilation.

(a) Except as otherwise permitted in subsection (b), whoever knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of another commits the offense of female genital mutilation.
Consent to the procedure by a minor on whom it is performed or by the minor's parent or guardian is not a defense to a violation of this Section.

(b) A surgical procedure is not a violation of subsection (a) if the procedure:

(1) is necessary to the health of the person on whom it is performed and is performed by a physician licensed to practice medicine in all of its branches; or

(2) is performed on a person who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a physician licensed to practice medicine in all of its branches.

(c) Sentence. Female genital mutilation is a Class X felony.

New Illinois Law Reveals Child Abuse (1966)

New Illinois Law Reveals Child Abuse
By James Yuenger
Chicago Tribune - January 23, 1966