Struck = removed from the bill ยท
added = the amendment's new text.
*LRB10406606RLC16642b**LRB10406606RLC35917a* SB0368 104TH GENERAL ASSEMBLY State of Illinois and 2026 SB0368 Introduced 1/24/2025, by Sen.
DonMichael HarmonW. SYNOPSIS AS INTRODUCED:
ILCSHalpin 5/1-1Filed: from Ch.
38,3/26/2026 par.10400SB0368sam001 LRB104 06606 RLC 35917 a AMENDMENT TO SENATE BILL 368 AMENDMENT NO.
1-1______. Section concerning the short title..
MakesAmend aSenate technicalBill change368 inby areplacing LRB104everything 06606after RLCthe 16642enacting bclause Awith BILLthe FORfollowing: SB0368 LRB104 06606 RLC 16642 b AN ACT concerning criminal law.
Be"Section it1. enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5.
The Criminal Code of 2012 is amended by changing Section 1-1 as follows:
(720 ILCS 5/1-1) (from Ch.
38, par.
1-1) Sec.
1-1.
This Act may be cited as the theDignity CriminalInitiative Codefor ofCorrections 2012.Employees Act.
(Source:Section 5.
P.A.Purpose.
97-1108,The eff.purpose of this Act is to affirm and protect the dignity, health, and safety of corrections employees by establishing clear standards, protections, and consequences for acts that degrade, assault, or endanger staff.
1-1-13.)These provisions are intended to apply universally, while allowing the State, State agencies, agencies of units of local government, or collective bargaining agreements to determine the appropriate means of implementation of this Act.
Section 10.
Definitions.
In this Act:
"Communicable disease exposure" means any incident in 10400SB0368sam001 -2- LRB104 06606 RLC 35917 a which an incarcerated person's actions knowingly creates a risk of disease transmission through blood, saliva, urine, feces, or other bodily substances.
"Corrections employee" means any individual employed or contracted by a State, county, or municipal correctional institution, including custody and non-custody staff.
"Dignity offense" means any intentional act by an incarcerated person that degrades, endangers, or assaults a corrections employee, including, but not limited to:
(1) throwing, projecting, or otherwise using bodily fluids or human waste;
(2) indecent exposure or sexually harassing conduct directed at staff;
or (3) verbal or physical acts intended to humiliate, degrade, or threaten employees in the course of their duties.
"Exclusive representative" has the meaning given in Section 3 of the Illinois Public Labor Relations Act.
Section 15.
Prohibited conduct and penalties.
(a) A dignity offense shall be treated as an aggravated assault under paragraph (6) of subsection (b) of Section 12-2 or an aggravated battery under paragraph (6) of subsection (d) of Section 12-3.05 of the Criminal Code of 2012, consistent with State statutes governing aggravated assault and aggravated battery of correctional employees.
10400SB0368sam001 -3- LRB104 06606 RLC 35917 a (b) Correctional institutions shall prominently display standardized signage in housing units notifying incarcerated individuals of the penalties for committing dignity offenses.
(c) Each incident shall be documented, investigated, and referred for potential prosecution in a timely and consistent manner.
Section 20.
Health and safety protections.
(a) Corrections employees shall be notified promptly of any potential exposure to communicable diseases resulting from a dignity offense, in compliance with federal and State health privacy standards.
(b) Corrections employees shall be provided with access to medical testing, treatment, and counseling services following confirmed or suspected exposure.
(c) The Department of Corrections and units of local government shall ensure funding and resources are available to support staff protections, testing, and investigatory efforts.
Section 25.
Investigation and training.
(a) The Department of Corrections, county sheriffs, and municipal law enforcement agencies shall collaborate with prosecutors, the Illinois State Police, and other law enforcement agencies to establish standardized protocols for investigation and prosecution of dignity offenses.
(b) Training shall be provided to corrections employees, 10400SB0368sam001 -4- LRB104 06606 RLC 35917 a prison inspectors, and administrators on:
(1) crime scene documentation and evidence preservation;
(2) reporting and recordkeeping requirements;
and (3) respectful, health-conscious, and legally sound protocols for staff exposure incidents.
Section 30.
Data collection and evaluation.
(a) The Department of Corrections, county sheriffs, and municipal law enforcement agencies shall track and report annually to the Governor and General Assembly on:
(1) the number and type of dignity offenses reported;
(2) prosecutions pursued and outcomes;
and (3) employee health and safety impacts.
(b) Independent research partners may be engaged by the Department of Corrections to study the effects of this Act on staff morale, safety perceptions, and workplace culture.
Section 35.
Implementation.
(a) The State and each county and municipality that maintains a jail or municipal lockup shall determine the most appropriate mechanism for implementing this Act consistent with existing laws and labor agreements.
(b) Exclusive representatives, the Departments of Corrections, county sheriffs, law enforcement agencies, and State's Attorneys are encouraged to collaborate in the 10400SB0368sam001 -5- LRB104 06606 RLC 35917 a development and execution of implementation plans for this Act.".