93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5430

 

Introduced 02/06/04, by Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-13   from Ch. 38, par. 12-13

    Amends the Criminal Code of 1961. Makes a technical change in the Section relating to the offense of criminal sexual assault.


LRB093 17140 RLC 42806 b

 

 

A BILL FOR

 

HB5430 LRB093 17140 RLC 42806 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 12-13 as follows:
 
6     (720 ILCS 5/12-13)  (from Ch. 38, par. 12-13)
7     Sec. 12-13. Criminal Sexual Assault.
8     (a) The accused commits criminal sexual assault if he or
9 she:
10         (1) commits an act of sexual penetration by the use of
11     force or threat of force; or
12         (2) commits an act of sexual penetration and the
13     accused knew that the victim was unable to understand the
14     nature of the act or was unable to give knowing consent; or
15         (3) commits an act of sexual penetration with a victim
16     who was under 18 years of age when the act was committed
17     and the accused was a family member; or
18         (4) commits an act of sexual penetration with a victim
19     who was at least 13 years of age but under 18 years of age
20     when the act was committed and the accused was 17 years of
21     age or over and held a position of trust, authority or
22     supervision in relation to the victim.
23     (b) Sentence.
24         (1) Criminal sexual assault is a Class 1 felony.
25         (2) A person who is convicted of the offense of
26     criminal sexual assault as defined in paragraph (a)(1) or
27     (a)(2) after having previously been convicted of the
28     offense of criminal sexual assault, or who is convicted of
29     the offense of criminal sexual assault as defined in
30     paragraph (a)(1) or (a)(2) after having previously been
31     convicted under the laws of this State or any other state
32     of an offense that is substantially equivalent to the

 

 

HB5430 - 2 - LRB093 17140 RLC 42806 b

1     offense of criminal sexual assault, commits a Class X
2     felony for which the person shall be sentenced to a term of
3     imprisonment of not less than 30 years and not more than 60
4     years. The commission of the second or subsequent offense
5     is required to have been after the initial conviction for
6     this paragraph (2) to apply.
7         (3) A person who is convicted of the offense of
8     criminal sexual assault as defined in paragraph (a)(1) or
9     (a)(2) after having previously been convicted of the
10     offense of aggravated criminal sexual assault or the
11     offense of predatory criminal sexual assault of a child, or
12     who is convicted of the offense of criminal sexual assault
13     as defined in paragraph (a)(1) or (a)(2) after having
14     previously been convicted under the laws of this State or
15     any other state of an offense that is substantially
16     equivalent to the offense of aggravated criminal sexual
17     assault or the offense of criminal predatory sexual assault
18     shall be sentenced to a term of natural life imprisonment.
19     The commission of the second or subsequent offense is
20     required to have been after the initial conviction for this
21     paragraph (3) to apply.
22         (4) A second or subsequent conviction for a violation
23     of paragraph (a)(3) or (a)(4) or under any similar statute
24     of this State or any other state for any offense involving
25     criminal sexual assault that is substantially equivalent
26     to or more serious than the sexual assault prohibited under
27     paragraph (a)(3) or (a)(4) is a Class X felony.
28         (5) When a person has any such prior conviction, the
29     information or indictment charging that person shall state
30     such prior conviction so as to give notice of the State's
31     intention to treat the charge as a Class X felony. The fact
32     of such prior conviction is not an element of the offense
33     and may not be disclosed to the jury during trial unless
34     otherwise permitted by issues properly raised during the
35     such trial.
36 (Source: P.A. 90-396, eff. 1-1-98.)