IL HB1399

Creates a new crime of "lewd sexual display in a penal institution" for adults in custody who knowingly engage in lewd exposure of genitals or anus with intent to intimidate, harass, or threaten another person.

First offense is a Class A misdemeanor; second or subsequent violations are a Class 4 felony.

Persons charged are eligible for mental health court evaluation and treatment, with charges dismissed upon successful completion of a court-ordered mental health program.

Exempts individuals under 18, those not confined to penal institutions, those with behavioral health issues directly causing the conduct, and those not in actual presence or view of another person.

Requires penal institutions and State's Attorneys to report annual data on referrals and charges, including demographic information, to the Illinois Criminal Justice Information Authority; both the statute and reporting requirements expire January 1, 2028.