Organizing for America

Obama's Strong Record on Protecting Victims of Sexual Assault

Barack Obama: "The bill with respect to privacy for victims of sexual abuse is a bill I had actually sponsored...Nobody has worked harder than me in the Illinois state legislature to make sure that victims of sexual abuse were dealt with, partly because I've had family members who were victims of sexual abuse and I've got two daughters who I want to protect." [Debate, 1/21/08]

Obama Was A Sponsor Of A Bill To Seal Sexual Assault Victim's Records, Voted For The Bill On The Floor

Obama Sponsored The Senate Version Of The Bill That Would Seal Sexual Assault Victim's Records. Obama sponsored a bill that would amend the Criminal Identification Act to provide that the victim of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, may request that the State's Attorney file a petition with the trial judge to have the court records of the case sealed. The bill provided that, upon order of the court for good cause shown, the records may be made available for public inspection. [91st GA, SB 943, 1999, 3R P 58-0-0, 3/23/99, Total Veto Stands, 11/18/99]

SB 943 Was Amended To Include The Exact Bill Language Of HB 854 Before Obama Signed On As A Sponsor. Obama was the chief co-sponsor of and voted for SB 943, which would amend the Criminal Identification Act to provide that the victim of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, may request that the State's Attorney file a petition with the trial judge to have the court records of the case sealed. The bill provided that, upon order of the court for good cause shown, the records may be made available for public inspection. Obama signed onto the bill after the original language was amended to include the same language of HB 854. [91st GA, SB 943, 1999, 3R P 58-0-0, 3/23/99, Total Veto Stands, 11/18/99]

...But When The Illinois Press Association Raised Objections During Hearings On The House Version, Obama And Two Other Senators Voted Present In Committee On That Version Of The Bill

Illinois Press Association's Official Position On The Bill Was Opposition To It. Representative Lauren Beth Gash said, "[The Illinois Press Association] put in a slip in opposition in committee." Gash said the reporters could be in the court during the trial, but "if 10 years later they wanted to go back and find out the detail of the court records, they would not...have that then." [91st GA, HB 854, ILGA House Transcript, 3/23/99]

Craven, General Counsel, Illinois Press Association: "This Is A Bad Bill." The Daily Herald reported, "Long after sexual assault victims have testified in court about their experiences, anyone can go in and read those accounts - a right one media group will fight to keep...Sealing records makes groups such as the American Civil Liberties Union and the Illinois Press Association a little nervous. 'This is a bad bill,' said Don Craven, general counsel for the Illinois Press Association and Illinois Broadcasters Association...The press association is opposed to any attempts to close public records." The Daily Herald reported that Craven "promised to fight the bill in the Senate." [Chicago Daily Herald, 4/2/99]

3 Of The 4 Democrats On The Judiciary Committee Voted Present On This Bill. In committee, Senators Shadid and Silverstein joined Obama in voting present on HB 854. Copley reported, "The Senate Judiciary Committee did pass the House bill, 7-0, with Obama and two others voting present." [91st GA, HB 854, Jud Committee, 7-0-3, 4/28/99; Copley, 4/27/99]

Obama Voted Present On The House Version On The Floor, Saying That It Was Typical For The General Assembly To Pass Bills To Show Political Resolve Even Though It Seemed The Bill Would Not Pass Constitutional Muster

Obama Voted Present On The Floor And In Committee On A House Bill That Would Seal Sexual Assault Victims' Court Records; Illinois Press Association And Obama Argued That The Bill Was Unconstitutional. Obama voted present on a bill to amend the Criminal Identification Act by allowing certain assault victims to petition to have their court records sealed, only to be opened for public inspection if good cause is shown. Under the bill the trials involving sex crimes would remain open, but upon a conviction, a victim of a sex crime could ask a state's attorney to petition a judge to seal the records of the case. If the judge agreed, the public could not open those records unless someone petitioned the court and showed good cause. The State Journal-Register reported, "But the Illinois Press Association argued that the measure violates the First Amendment. The U.S. Constitution does not allow judges to seal the records of trials that have been held in open court, said association attorney Don Craven. Besides, Craven argued, the legislation does not allow defendants the same opportunity if they're found not guilty. And there's no indication what would happen to the case files if the verdict were appealed. Sen. Barack Obama, D-Chicago, agreed that the bill probably wouldn't pass constitutional muster, although he said it's not unusual for his colleagues to pass such measures to show political resolve." [91st GA, HB 0854, 5/11/99, 3R P; 58-0-1; State Journal-Register, 4/28/1999]

Press Associations In Other States Raised Similar Objections To Similar Bills

When Similar Measures Were Passed In Other States Following A Scandal, The Press Raised Similar Constitutional Objections. The AP reported, "News executives in both states said the legislation was unnecessary and would hinder freedom of the press. 'It's another case where in order to achieve some possible good, legislatures are often willing to run right over basic constitutional rights,' said J. Randolph Murray, editor of The Anchorage Times in Alaska. 'We are against the thing because of the blanket restrictions it would impose,' said Doug Crews, executive director of the Missouri Press Association. 'Once a restriction such as this is made, where is the line drawn and where does it stop in the area of law enforcement records?'" [AP, 4/30/91]

Obama Has Passed Extremely Strong Sexual Assault Laws In the U.S. and Illinois Senates

Obama Passed The Dru Sjodin National Sex Offender Public Database Act of 2005. Obama co-sponsored a bill that would require the Attorney General to make publicly available in a registry via the Internet, from information contained in the National Sex Offender Registry or in state sex offender websites, specified information about sexually violent predators and persons convicted of a sexually violent offense or a criminal offense against a minor, who are required to register with a minimally sufficient state sexual offender registration program; and allow registry users to identify offenders who are currently residing within a specified radius of a given location. Requires registry information to include the offender's name, address, date of birth, physical description, and photograph, the nature and date of commission of the offense, and the date on which the offender is released from prison or placed on parole, supervised release, or probation. Linda Walker, Dru Sjodin's mother, said that Dru's Law "is a step in the right direction, but more work needs to be done to protect women and children. 'I think it has to stay in the forefront of our nation's agenda.' she said." [109th, S. 792, Passed by Unanimous Consent, 7/28/05; Referred to House Subcommittee, 9/19/05; Aberdeen American News, 10/6/06]

Obama Passed A Bill To Protect Children From Known Sex Offenders. Obama co-sponsored a bill to improve the national program to register and monitor individuals who commit crimes against children or sex offenses. The bill would require the Attorney General to maintain a National Sex Offender Registry at the Federal Bureau of Investigation, as well as a National Sex Offender Public Registry. The bill would also require adults or juveniles who are convicted as adults of sexually violent offenses, certain offenses against minors, or other specified crimes (covered individuals) to provide specified information to designated persons in their domicile, work, or school states for the rest of their lives (with specified exceptions). The bill would require such an individual, initially and thereafter as specified, to register with and appear before such designated persons to provide identification, home, work, school, and vehicle information and to have a photograph and fingerprints taken. [109th, S. 1086, Passed by Unanimous Consent, 5/4/06; Held at desk, 5/8/06]

Obama Passed Law Expanding Rights Of Alleged Victims of Sexual Assault. Obama sponsored a bill and voted to amend the Criminal Code of 1961 to eliminate the 48 hour time requirement after the collection of the sample in which an alleged sexual assault survivor must return to the hospital performing the sample analysis of all controlled substances and alcohol ingested by the alleged victim a signed written authorization in order to have the sample analysis performed. [93rd, HB4771, 2004, Third Reading: 5/19/2004, PA 93-0958 8/20/2004]

Obama Passed A Law To Make Administering A Date Rape Drug Aggravated Battery As Well As An Aggravating Offense To Criminal Sexual Assault. Obama sponsored a bill and voted to amend the Criminal Code of 1961 to provide that administering a controlled substance to a person without his or her consent for nonmedical purposes constitutes aggravated battery. The bill provided that delivering a controlled substance to a victim without his or her consent as part of the same course of conduct as the commission of criminal sexual assault or criminal sexual abuse is an aggravating circumstance that enhances these offenses to aggravated criminal sexual assault or aggravated criminal sexual abuse. Further amends the Criminal Code of 1961. [90th GA, SB 1224, 3R P 54-0-0, 3/24/98; HA 1 Concur P 55-0-1, 5/20/98; PA 90-0735, 8/11/98]

Obama Passed A Law to Expand the Definitions of "Sex Offender" and "Sex Offense" and Mandate Offender Disclosure. Obama sponsored a bill and voted to amend the Sex Offender Registration Act to include in the definition of "sex offender" a person who is convicted or adjudicated for a sex offense under the Uniform Code of Military Justice. The bill included in the definition of a "sex offense", a 3rd or subsequent conviction for public indecency or a conviction for custodial sexual misconduct or permitting sexual abuse of a child if these offenses are committed on or after the effective date of this amendatory Act. The bill provided that the sheriff shall disclose sex offender information to the boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the county where the sex offender is required to register, resides, or is attending an institution of higher education. [92nd GA, HB 5874, 3R P 55-0-0, 5/7/02; Adopt CC Report P 54-0-1, 5/31/03; PA 92- 0828, 8/22/02]

Obama Passed Law To Require EMS For Sexual Assault Survivors To Include Coverage For Emergency Contraception. Obama was the chief co-sponsor and voted for adding, as an additional criterion for IDPH approval for a hospital's plan for emergency services for sexual assault survivors, that the plan must provide sufficient protections from the risk of pregnancy by the sexual assault survivor. Bill requires that hospitals providing such services develop and implement protocol that ensures that each sexual assault survivor receives medically and factually accurate information about emergency contraception. [92nd GA; SB 0114; 2001; Signed into law 7/25/01, PA 92-0156]

Obama Passed a Bill Eliminating Good Behavior Time For Sex Offenders. Obama sponsored and passed a bill to amend the County Jail Good Behavior Allowance Act by stipulating that any convict may not receive time off for good behavior if he has been incarcerated for sexual assault or aggravated sexual abuse. [91st GA, SB 0485, 3/11/99, 3R P; 54-1-2; P.A. 91-0117, 7/15/99; Senate Floor Transcript, 3/11/99, p. 74]

Obama Passed Law To Extend Statute Of Limitations On Certain Sexual Offenses. Obama was the chief co-sponsor and voted for bill extending the statute of limitations for several criminal sexual offenses, including aggravated criminal sexual assault. [91st GA; HB 0329; 1999; Signed into law 8/11/99, PA 91-0475]

Obama Has Passed Extremely Strong Domestic Violence Laws In the U.S. and Illinois Senates

Obama Passed Law To Authorize The Violence Against Women Act Of 2005. Obama co-sponsored a bill that would authorize increased appropriations for FY2006-FY2010 for grants to combat violent crimes against women, revise provisions specifying purposes for grants to include use for underserved populations and for forensic medical exams of sex offense victims, increase set aside amounts for grants to Indian tribal governments and U.S. territories and possessions, prohibit law enforcement officers, prosecutors, or other government officials from requiring sex offense victims to submit to a polygraph examination as a condition for proceeding with an investigation or prosecution of a sex offense. The bill would establish a sexual assault services program, directing the Attorney General to make grants to states, territories, and tribal entities for rape crisis centers or other programs and projects to assist those victimized by sexual assault, culturally specific community-based organizations for various services on behalf of sexual assault victims, and state, territorial, and tribal sexual assault coalitions. The bill would also award grants to accredited schools of medicine to develop interdisciplinary training and education programs that provide health professions students with an understanding of, and clinical skills pertinent to, domestic violence, sexual assault, and dating violence. [109th, HR 3402 (S. 1197), Passed by Unanimous Consent, 12/16/05; PL 109-162, 1/5/06]

Obama Passed A Law To Create The Victims Economic Security And Safety Act (VESSA), Which Helps Victims Of Abuse Seek Treatment Without Losing Their Job. Obama was the chief sponsor and voted to created the Victims' Economic Security and Safety Act. The bill provided that an employee who is a victim of domestic or sexual violence, or who has a family or household member who is a victim of domestic or sexual violence, may take leave from work to address domestic or sexual violence by seeking medical attention or obtaining health or legal services. The Chicago Tribune reported, "But VESSA, as it is known, allows time off for personal issues not covered by the FMLA and is designed to help victims keep their jobs." Obama said he sponsored the bill after being approached by several advocacy group for battered women. "They came to me and indicated how difficult it is for victims of physical and sexual abuse to deal with the repercussions of an assault and then try to balance it with work and everything else." [93rd GA; HB 3486; 3R P 58-0-0, 5/20/03; Signed into law 8/25/03, PA 93-0591; Chicago Tribune, 8/20/03; University Wire, 8/22/03]

Obama Passed Law To Increase Penalties For Repeat Domestic Offenders. Obama was the chief co-sponsor and voted for House bill providing that domestic battery or a violation of an order of protection is a Class 4 felony if the defendant had a prior conviction for certain enumerated offenses, including first degree murder, aggravated domestic battery, and criminal sexual assault. A person commits stalking if he or she has been previously convicted of stalking another person and knowingly (on one occasion) follows that same person or commits certain threatening acts against that person or that person's family. [92nd GA; HB 4081; 2002; Signed into law 8/22/02, PA 92-0827]

Obama Passed Law To Increase Penalties For Committing Battery In Or Near A Domestic Violence Shelter. Obama was the chief co-sponsor of and voted for bill providing that a person commits aggravated battery if he or she (or the person battered) is in a domestic violence shelter, or if the person battered is within 500 feet going to or from the shelter. [92nd GA, SB 0175, 3/29/01, 3R P; 55-0-0; P.A. 92-0516, 1/1/02; 91st GA, SB 1406, Session Sine Die, 1/9/01]

Obama Passed Law Improving "No Contact" Court Procedures in Domestic Abuse Petitions. Obama helped amend the Civil No Contact Order Act, including simplifying the forms for filing a petition. The law allows for the court to appoint counsel to represent the petitioner if the respondent is represented by counsel and changes what a civil no contact order may contain. [93rd, HB4395, 3R: 57-0-0, 5/5/04; PA 93-0811, 7/26/04]

Obama Passed Law Requiring Clear Language be Included in Emergency Orders of Protection. Obama co-sponsored and helped pass a law that requires the government be specific about the restrictions placed on the recipient of an emergency order of protection. This legislation prevents perpetrators of domestic violence from claiming ignorance of the law. [93rd GA, SB2495, 3R: 57-0-0, 3/25/04; Concurrence: 53-0-0, 5/26/04 PA 93-0944, 8/17/04]

Obama Passed Law Raising Standards Related to Domestic Violence. Obama sponsored a bill and voted to amend the Nursing Home Care Act and the Hospital Licensing Act to require licensees under those Acts to comply with standards relating to domestic violence established by the Joint Committee on Accreditation or other accrediting organizations approved by the Department of Public Health. [91st GA, SB0850, 1999, PA 91-0163, 99-07-16]