Monday, December 27, 2010

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;

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