NAC Advisory
ILLINOIS
Legislation

March 13, 2003

  | View the text of HB 3466 (incudes names of sponsors) |
  |
View the text of HB 3555 (incudes names of sponsors) |
  |
View the text of HB 3556 (incudes names of sponsors) |
  |
View the present Illinois Public Indecency law |
  |
Click here for examples |
  |
Return to Current NAC Advisories | Return to NAC Home Page |

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                     NATURIST ACTION COMMITTEE
                             ADVISORY
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                 http://www.naturistsociety.com/NAC/
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DATE   : March 13, 2003
SUBJECT: Illinois legislation
TO     : All naturists

Dear Naturist,

The Naturist Action Committee is closely monitoring the 2003 U.S. state legislatures on behalf of naturists. We have recently identified a situation of potential concern in Illinois. NAC wishes to make you aware of it and to let you know what NAC is doing.

This is an Advisory. NAC is not requesting your action at this time.


THE SITUATIO N

The following bills have been introduced and are on a fast track to passage.

 
HB 3466
  OFFICIAL SUMMARY: Eliminates the distinction between family members and non-family members who commit the offenses of criminal sexual assault or aggravated criminal sexual abuse. Provides that the penalties for these offenses shall be the same if the offender held a position of trust, authority, or supervision in relation to the victim.
  NAC'S COMMENTS: The definition of "sexual assault" includes the offense of public indecency. Existing law applies an enhanced penalty to family members. The change proposed by HB 3466 extends the enhanced penalty provision to include people like teachers, volunteer coaches, clergy, babysitters, and in some cases, neighbors.

 
HB 3555
  OFFICIAL SUMMARY (EXCERPT): Creates an intensive supervision program for persons convicted of felony sex offenses who are released on probation or mandatory supervised release.
  NAC'S COMMENTS: Among "felony sex offenders" requiring the intensive supervision proposed by HB 3555 are those convicted more than twice of public indecency.

 
HB 3556
  OFFICIAL SUMMARY (EXCERPT): Amends the Sex Offender Management Board Act. Includes any offense under Illinois law that is sexually motivated in the definition of "sex offense" and defines "sexually motivated".
  NAC'S COMMENTS: The change proposed by HB 3556 would define even a first conviction under the state's public indecency law to be a "sex offense."


THE ILLINOIS PUBLIC INDECENCY STATUTE (720 ILCS 5/11-9)

The public indecency statute, as it is written, does require that to be an offense under this section, public exposure must be lewd and it must be done with intent to arouse or to satisfy the sexual desire of the person. Naturists will properly observe that "nude is not lewd," and the Naturist Action Committee is aware of Illinois court cases that make that very distinction regarding the Illinois public indecency law.

However, NAC is also aware of cases in which individuals have been arrested and prosecuted under the public indecency law for incidents involving mere nudity. The recurring misapplication of the statute is cause for our concern. That concern is magnified when legislation is proposed that would make the consequences of conviction more severe.

      
Click here for examples


WHO IS PUSHING THIS LEGISLATION?

A common thread through all three bills is Rep. Mary Kay O'Brien (D-Coal City). Rep. O'Brien is the lead sponsor of HB 3555 and HB 3556. She is a chief co-sponsor of HB 3466. There are 118 members of the Illinois House of Representatives. Of these, O'Brien has amassed an impressive 45 co-sponsors for HB 3555 and 47 for HB 3556.

Additionally, O'Brien has managed to have all three bills assigned to the House committee of which she is chair. Of the 13 members of O'Brien's Criminal Law Committee, 9 are co-sponsors of one or more of these bills.


WHAT HAPPENS NEXT?

These three legislative measures are among a total of 156 bills that were heard at 8 o'clock this morning in Rep. O'Brien's Criminal Law Committee. The reason for this glut of legislation is that March 13 is the deadline this session for substantive House bills to make an appearance in committee.

Not much thoughtful consideration can be expected to be given immediately to HB 3466, HB 3555, HB 3556 or any of the dozens of other bills on the the committee's agenda. 


WHAT NAC IS DOING

The Naturist Action Committee has contacted members of the Criminal Law Committee, expressing NAC's concern about continuing misapplications of the state's public indecency law. NAC has strong misgivings about any proposed new measure that harshens the consequences of the misapplied statute.


WHAT CAN I DO?

This is a NAC Advisory. It is not a call for action at this time. It's important for naturists - especially Illinois naturists in this case - to be aware of the situation and be ready to take action if it should become appropriate to do so. Look for NAC Action Alerts, Advisories and Updates on this topic.


MORE INFORMATION
Additional information about Illinois House Bills 3466, 3555 and 3556 is available on the web site of the Naturist Action Committee:

     www.naturistsociety.com/NAC

Select ALERTS, ADVISORIES & UPDATES and then "Current Advisories" to find this Advisory and links to additional information, including the complete text of each of the bills and its sponsors and the text of the Illinois law regarding public indecency.
 

PLEASE HELP NAC HELP NATURISTS IN ILLINOIS AND ELSEWHERE

The Naturist Action Committee exists to advance and protect the rights of naturists throughout North America. NAC is a volunteer nonprofit organization that relies on the grass roots participation of naturists who understand that individuals working together can make a difference.

NAC has no membership roster on which to assess dues, and it relies completely on voluntary contributions from concerned and involved naturists like you. Monitoring lawmakers across North America is expensive, but NAC knows that it's necessary for the protection of our freedoms.

Won't you take a moment to help NAC by sending a generous donation? You may send your donation to the address below, or you may call toll free (800) 886-7230 to donate by phone using your MasterCard or Visa.

  NAC
  PO Box 132
  Oshkosh, WI 54903
 

Thank you for choosing to make a difference!

Naturally,

Nicky Hoffman
Board Member
Naturist Action Committee

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Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903
Executive Director Bob Morton  - <ctnudists@aol.com>
Board Member Nicky Hoffman     - <nickyh@naturistsociety.com>
Online Rep. Dennis Kirkpatrick - <naturist@sunclad.com>
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  | Return to top |

  | View the text of HB 3466 |
  |
View the text of HB 3555 |
  |
View the text of HB 3556 |
  |
View the present Illinois Public Indecency law |
  |
Click here for examples |
  |
Return to Current NAC Advisories | Return to NAC Home Page |