Legislative Update: Criminal and Civil Law

Vol 11, Issue 1, July 30, 2007

 
Hundreds of criminal and civil law bills that amend current law or create new laws have passed both Houses in the Illinois General Assembly and are awaiting Gov. Rod Blagojevich’s signature. The following are a few bills of interest to women.

S.B. 31: Crime Victims Compensation Act Amendment

Senate Bill 31 amends the Crime Victims Compensation Act to allow more time for claimants to file an application for compensation. Currently the law requires that a claim be filed within two years of the occurrence of a crime. When S.B. 31 becomes law, a claimant may also file an application within one year after a criminal indictment of a person for an offense.

S.B. 75: First Offenders and Prostitution Probation

Senate Bill 75 outlines new provisions for a first offender with a felony prostitution conviction. The court may sentence a first offender to 24 months’ probation without entering a judgment. The court may require that the person fulfill any of the following requirements, among others: participate with a social service agency, pay a fine and costs, work or pursue a course of study or vocational training, undergo medical or psychiatric treatment, or stay drug-free. Upon the offender’s violation of probation, the court may enter a judgment on its original finding of guilt. If, however, the probation commitments are fulfilled, the court discharges the offender and dismisses the proceedings against the offender.

 S.B. 121: Minors and the Sex Offender Registration Act

Under current law, a person who is defined as a sex offender as a result of being adjudicated a juvenile delinquent is still considered a sex offender on or after the person’s 17th birthday and is required to register as such. The mandatory 10-year registration as a sex offender begins once the person is convicted even if the person is younger than 17. S.B. 121 amends the Sex Offender Registration Act by deleting those provisions and setting forth a new provision that the court must order the minor to register as a sex offender, but the minor may petition for the termination of the term of registration five years after registering for a crime that would have been a felony had the minor been an adult or two years after registering for a crime that would have been a misdemeanor had the minor been an adult. The court may then determine whether the registrant poses a risk to the community; this, in turn, will determine whether or not the registration requirement is to be terminated. After the term of registration is completed, all identifying information is removed from state and local registries. The amendment also applies retroactively to adjudicated juvenile delinquents who registered or were required to register before the effective date. This amendment does not apply to minors prosecuted as adults under the criminal laws.

Senate Bill 364 expands the definition of community that receives notification about sex offenders, child murderers, and violent offenders against youth to include libraries located in the county (other than Chicago) where the offender is required to register, resides, is employed, or is attending an institution of higher learning. In Chicago, notification extends to libraries located in the police district where the offender is required to register or is employed.

S.B. 1467: Gender Added to Civil Rights Act of 2003

Victims of civil rights abuses cannot easily vindicate their rights in federal court. Senate Bill 1467 fills a gap in Illinois law by allowing claims against governmental discrimination on the basis of gender. The bill amends the Civil Rights Act of 2003 to include gender as a protected category under the discrimination statute. The Act requires that no unit of state, county, or local government in Illinois shall exclude a person from participation in, deny a person the benefits of, subject a person to discrimination under any program or activity, or utilize criteria or administration methods that have the effect of subjecting a person to discrimination on the grounds of that person’s race, color, national origin, or gender.

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For more information contact Wendy Pollack, director of the Women’s Law & Policy Project at the Sargent Shriver National Center on Poverty Law, at 312-263-3830 ext. 238 or wendypollack@povertylaw.org.