HB4516 EngrossedLRB098 15813 RLC 50851 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 11-1.40 as follows:
 
6    (720 ILCS 5/11-1.40)   (was 720 ILCS 5/12-14.1)
7    Sec. 11-1.40. Predatory criminal sexual assault of a child.
8    (a) A person commits predatory criminal sexual assault of a
9child if that person is 17 years of age or older, and commits
10an act of sexual penetration or an act of contact, however
11slight, between the sex organ or anus of one person and the
12part of the body of another for the purpose of sexual
13gratification or arousal of the victim or the accused, or an
14act of sexual penetration, and the accused is 17 years of age
15or older, and:
16        (1) the victim is under 13 years of age; or
17        (2) the victim is under 13 years of age and that
18    person:
19            (A) is armed with a firearm;
20            (B) personally discharges a firearm during the
21        commission of the offense;
22            (C) causes great bodily harm to the victim that:
23                (i) results in permanent disability; or

 

 

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1                (ii) is life threatening; or
2            (D) delivers (by injection, inhalation, ingestion,
3        transfer of possession, or any other means) any
4        controlled substance to the victim without the
5        victim's consent or by threat or deception, for other
6        than medical purposes.
7    (b) Sentence.
8        (1) A person convicted of a violation of subsection
9    (a)(1) commits a Class X felony, for which the person shall
10    be sentenced to a term of imprisonment of not less than 6
11    years and not more than 60 years. A person convicted of a
12    violation of subsection (a)(2)(A) commits a Class X felony
13    for which 15 years shall be added to the term of
14    imprisonment imposed by the court. A person convicted of a
15    violation of subsection (a)(2)(B) commits a Class X felony
16    for which 20 years shall be added to the term of
17    imprisonment imposed by the court. A person convicted of a
18    violation of subsection (a)(2)(C) commits a Class X felony
19    for which the person shall be sentenced to a term of
20    imprisonment of not less than 50 years or up to a term of
21    natural life imprisonment.
22        (1.1) A person convicted of a violation of subsection
23    (a)(2)(D) commits a Class X felony for which the person
24    shall be sentenced to a term of imprisonment of not less
25    than 50 years and not more than 60 years.
26        (1.2) A person convicted of predatory criminal sexual

 

 

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1    assault of a child committed against 2 or more persons
2    regardless of whether the offenses occurred as the result
3    of the same act or of several related or unrelated acts
4    shall be sentenced to a term of natural life imprisonment.
5        (2) A person who is convicted of a second or subsequent
6    offense of predatory criminal sexual assault of a child, or
7    who is convicted of the offense of predatory criminal
8    sexual assault of a child after having previously been
9    convicted of the offense of criminal sexual assault or the
10    offense of aggravated criminal sexual assault, or who is
11    convicted of the offense of predatory criminal sexual
12    assault of a child after having previously been convicted
13    under the laws of this State or any other state of an
14    offense that is substantially equivalent to the offense of
15    predatory criminal sexual assault of a child, the offense
16    of aggravated criminal sexual assault or the offense of
17    criminal sexual assault, shall be sentenced to a term of
18    natural life imprisonment. The commission of the second or
19    subsequent offense is required to have been after the
20    initial conviction for this paragraph (2) to apply.
21(Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.