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IL HB3687
Bill
Status
2/19/2021
Primary Sponsor
Kelly Cassidy
Click for details
AI Summary
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Amends the Criminal Code definition of "consent" to clarify it means freely given agreement to sexual penetration or conduct, and that lack of resistance from use of force or threat of force does not constitute consent, and victim's manner of dress does not constitute consent.
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Defines "unable to give knowing consent" to include situations where the accused administers intoxicating or anesthetic substances causing unconsciousness, or when the victim is in custody of IDOC, DCFS, health care facilities, residential facilities, or law enforcement and the accused is an employee or officer in a position of authority.
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Creates new crime under Section 26-4 making it unlawful to knowingly make a video record or transmit live video of another person's intimate parts without consent, with definitions specifying "intimate parts" as unclothed, partially unclothed, or transparently clothed genitals, pubic area, anus, or female nipple.
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Establishes that in any criminal proceeding, any property or material constituting child pornography remains in the care, custody, and control of either the State or the court, with motions to view evidence subject to approval for good cause shown.
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Modifies sentencing for aggravated criminal sexual abuse, making violations under subsection (f) a Class 1 felony instead of Class 2 felony.
Legislative Description
CRIM CD-KNOWING CONSENT
Last Action
Rule 19(a) / Re-referred to Rules Committee
2/18/2022