Sen. Thomas Cullerton

Filed: 3/18/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 142

2    AMENDMENT NO. ______. Amend Senate Bill 142 as follows:
 
3on page 1, line 13, by replacing "21B-80, 34-18.5, and 34-84b"
4with "and 34-18.5"; and
 
5by deleting line 6 on page 24 through line 20 on page 27; and
 
6by deleting line 12 on page 38 through line 22 on page 40; and
 
7by replacing line 23 on page 40 through line 21 on page 41 with
8the following:
 
9    "Section 15. The Criminal Code of 2012 is amended by
10changing Sections 11-1.50 and 11-1.60 as follows:
 
11    (720 ILCS 5/11-1.50)  (was 720 ILCS 5/12-15)
12    Sec. 11-1.50. Criminal sexual abuse.

 

 

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1    (a) A person commits criminal sexual abuse if that person:
2        (1) commits an act of sexual conduct by the use of
3    force or threat of force; or
4        (2) commits an act of sexual conduct and knows that the
5    victim is unable to understand the nature of the act or is
6    unable to give knowing consent.
7    (b) A person commits criminal sexual abuse if that person
8is under 17 years of age and commits an act of sexual
9penetration or sexual conduct with a victim who is at least 9
10years of age but under 17 years of age.
11    (c) A person commits criminal sexual abuse if that person
12commits an act of sexual penetration or sexual conduct with a
13victim who is at least 13 years of age but under 17 years of age
14and the person is less than 5 years older than the victim.
15    (c-5) A person commits criminal sexual abuse if he or she
16commits an act of sexual conduct with a victim who is at least
1718 years of age but under 21 years of age when the act was
18committed and who is a student attending classes at a public or
19private secondary school and the accused held or holds the
20position of a teacher, administrator, or other employee of the
21same school at the time of the offense.
22    (d) Sentence. Criminal sexual abuse for a violation of
23subsection (b) or (c) of this Section is a Class A misdemeanor.
24Criminal sexual abuse for a violation of paragraph (1) or (2)
25of subsection (a) or (c-5) of this Section is a Class 4 felony.
26A second or subsequent conviction for a violation of subsection

 

 

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1(a) of this Section is a Class 2 felony. For purposes of this
2Section it is a second or subsequent conviction if the accused
3has at any time been convicted under this Section or under any
4similar statute of this State or any other state for any
5offense involving sexual abuse or sexual assault that is
6substantially equivalent to or more serious than the sexual
7abuse prohibited under this Section.
8(Source: P.A. 96-1551, eff. 7-1-11.)
 
9    (720 ILCS 5/11-1.60)  (was 720 ILCS 5/12-16)
10    Sec. 11-1.60. Aggravated criminal sexual abuse.
11    (a) A person commits aggravated criminal sexual abuse if
12that person commits criminal sexual abuse and any of the
13following aggravating circumstances exist (i) during the
14commission of the offense or (ii) for purposes of paragraph
15(7), as part of the same course of conduct as the commission of
16the offense:
17        (1) the person displays, threatens to use, or uses a
18    dangerous weapon or any other object fashioned or used in a
19    manner that leads the victim, under the circumstances,
20    reasonably to believe that the object is a dangerous
21    weapon;
22        (2) the person causes bodily harm to the victim;
23        (3) the victim is 60 years of age or older;
24        (4) the victim is a person with a physical disability;
25        (5) the person acts in a manner that threatens or

 

 

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1    endangers the life of the victim or any other person;
2        (6) the person commits the criminal sexual abuse during
3    the course of committing or attempting to commit any other
4    felony; or
5        (7) the person delivers (by injection, inhalation,
6    ingestion, transfer of possession, or any other means) any
7    controlled substance to the victim for other than medical
8    purposes without the victim's consent or by threat or
9    deception.
10    (b) A person commits aggravated criminal sexual abuse if
11that person commits an act of sexual conduct with a victim who
12is under 18 years of age and the person is a family member.
13    (c) A person commits aggravated criminal sexual abuse if:
14        (1) that person is 17 years of age or over and: (i)
15    commits an act of sexual conduct with a victim who is under
16    13 years of age; or (ii) commits an act of sexual conduct
17    with a victim who is at least 13 years of age but under 17
18    years of age and the person uses force or threat of force
19    to commit the act; or
20        (2) that person is under 17 years of age and: (i)
21    commits an act of sexual conduct with a victim who is under
22    9 years of age; or (ii) commits an act of sexual conduct
23    with a victim who is at least 9 years of age but under 17
24    years of age and the person uses force or threat of force
25    to commit the act.
26    (d) A person commits aggravated criminal sexual abuse if

 

 

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1that person commits an act of sexual penetration or sexual
2conduct with a victim who is at least 13 years of age but under
317 years of age and the person is at least 5 years older than
4the victim.
5    (e) A person commits aggravated criminal sexual abuse if
6that person commits an act of sexual conduct with a victim who
7is a person with a severe or profound intellectual disability.
8    (f) A person commits aggravated criminal sexual abuse if
9that person commits an act of sexual conduct with a victim who
10is at least 13 years of age but under 18 years of age and the
11person is 17 years of age or over and holds a position of
12trust, authority, or supervision in relation to the victim.
13    (f-5) A person commits aggravated criminal sexual abuse if
14he or she commits an act of sexual penetration with a victim
15who is at least 18 years of age but under 21 years of age when
16the act was committed and who is a student attending classes at
17a public or private secondary school and the accused held or
18holds the position of a teacher, administrator, or other
19employee of the same school at the time of the offense.
20    (g) Sentence. Aggravated criminal sexual abuse is a Class 2
21felony. However, aggravated criminal sexual abuse for a
22violation of subsection (f-5) is a Class 3 felony.
23(Source: P.A. 99-143, eff. 7-27-15.)".