96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1261

 

Introduced 2/18/2009, by Rep. Jack D. Franks

 

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 a Section concerning criminal sexual assault.


LRB096 10231 RLC 20399 b

 

 

A BILL FOR

 

HB1261 LRB096 10231 RLC 20399 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 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.

 

 

HB1261 - 2 - LRB096 10231 RLC 20399 b

1         (1) Criminal sexual assault is a Class 1 felony.
2         (2) A person who is convicted of the offense of
3     criminal sexual assault as defined in paragraph (a)(1) or
4     (a)(2) after having previously been convicted of the
5     offense of criminal sexual assault or the offense of
6     exploitation of a child, or who is convicted of the offense
7     of criminal sexual assault as defined in paragraph (a)(1)
8     or (a)(2) after having previously been convicted under the
9     laws of this State or any other state of an offense that is
10     substantially equivalent to the offense of criminal sexual
11     assault or to the offense of exploitation of a child,
12     commits a Class X felony for which the person shall be
13     sentenced to a term of imprisonment of not less than 30
14     years and not more than 60 years. The commission of the
15     second or subsequent offense is required to have been after
16     the initial conviction for this paragraph (2) to apply.
17         (3) A person who is convicted of the offense of
18     criminal sexual assault as defined in paragraph (a)(1) or
19     (a)(2) after having previously been convicted of the
20     offense of aggravated criminal sexual assault or the
21     offense of predatory criminal sexual assault of a child, or
22     who is convicted of the offense of criminal sexual assault
23     as defined in paragraph (a)(1) or (a)(2) after having
24     previously been convicted under the laws of this State or
25     any other state of an offense that is substantially
26     equivalent to the offense of aggravated criminal sexual

 

 

HB1261 - 3 - LRB096 10231 RLC 20399 b

1     assault or the offense of criminal predatory sexual assault
2     shall be sentenced to a term of natural life imprisonment.
3     The commission of the second or subsequent offense is
4     required to have been after the initial conviction for this
5     paragraph (3) to apply.
6         (4) A second or subsequent conviction for a violation
7     of paragraph (a)(3) or (a)(4) or under any similar statute
8     of this State or any other state for any offense involving
9     criminal sexual assault that is substantially equivalent
10     to or more serious than the sexual assault prohibited under
11     paragraph (a)(3) or (a)(4) is a Class X felony.
12         (5) When a person has any such prior conviction, the
13     information or indictment charging that person shall state
14     such prior conviction so as to give notice of the State's
15     intention to treat the charge as a Class X felony. The fact
16     of such prior conviction is not an element of the offense
17     and may not be disclosed to the jury during trial unless
18     otherwise permitted by issues properly raised during such
19     trial.
20 (Source: P.A. 95-640, eff. 6-1-08.)