720 ILCS 5/ Criminal Code of 2012.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

720 ILCS 5/11-1.10

(720 ILCS 5/11-1.10) (was 720 ILCS 5/12-18)

Sec. 11-1.10. General provisions concerning offenses described in Sections 11-1.20 through 11-1.60.

(a) No person accused of violating Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60
of this Code shall be presumed to be incapable of committing an offense
prohibited by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code
because of age, physical condition or relationship to the victim.  Nothing in this Section
shall be construed to modify or abrogate the affirmative defense of infancy
under Section 6-1 of this Code or the provisions of Section 5-805 of the
Juvenile Court Act of 1987.

(b) Any medical examination or procedure which is conducted by a physician,
nurse, medical or hospital personnel, parent, or caretaker for purposes
and in a manner consistent with reasonable medical standards is not an offense
under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.

(c) (Blank).

(d) (Blank).

(e) The prosecuting State's Attorney shall seek an order from the court to compel the accused to be tested for any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV), within 48 hours:

(1) after a finding at a preliminary hearing that

there is probable cause to believe that an accused has committed a violation of Section 11-1.20, 11-1.30, or 11-1.40  of this Code, or

(2) after an indictment is returned charging an

accused with a violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code, or

(3) after a finding that a defendant charged with a

violation of Section 11-1.20, 11-1.30, or 11-1.40  of this Code is unfit to stand trial pursuant to Section 104-16 of the Code of Criminal Procedure of 1963 where the finding is made prior to the preliminary hearing, or

(4) after the request of the victim of the violation

of Section 11-1.20, 11-1.30, or 11-1.40.

The medical tests shall be
performed only
by appropriately licensed medical practitioners.  The testing shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention; in the event of a
positive result, a reliable supplemental
test based upon recommendations of the United States Centers for Disease Control and Prevention shall be administered.  The results of the tests and any follow-up tests shall be
kept
strictly confidential by all medical personnel involved in the testing and
must be personally delivered in a sealed envelope to the victim, to the defendant, to the State's Attorney, and to the
judge who entered the order, for the judge's inspection in camera.  The judge shall provide to the victim a referral to the Illinois Department of Public Health HIV/AIDS toll-free hotline for counseling and information in connection with the test result. Acting
in accordance with the best interests of the victim and the public, the
judge shall have the discretion to determine to whom, if anyone, the result
of the testing may be revealed; however, in no case shall the identity of
the victim be disclosed.  The court shall order that the cost of the tests
shall be paid by the county, and shall be taxed as costs against the accused
if convicted.

(f) Whenever any law enforcement officer has reasonable cause to believe
that a person has been delivered a controlled substance without his or her
consent, the law enforcement officer shall advise the victim about seeking
medical treatment and preserving evidence.

(g) Every hospital providing emergency hospital services to an alleged
sexual assault survivor, when there is reasonable
cause to believe that a person has been delivered a controlled substance
without his or her consent, shall designate personnel to provide:

(1) An explanation to the victim about the nature and

effects of commonly used controlled substances and how such controlled substances are administered.

(2) An offer to the victim of testing for the

presence of such controlled substances.

(3) A disclosure to the victim that all controlled

substances or alcohol ingested by the victim will be disclosed by the test.

(4) A statement that the test is completely voluntary.

(5) A form for written authorization for sample

analysis of all controlled substances and alcohol ingested by the victim.

A physician licensed to practice medicine in all its branches may agree to
be a designated person under this subsection.

No sample analysis may be performed unless the victim
returns a signed written authorization within 30 days

after the sample was
collected.

Any medical treatment or care under this subsection shall be only in
accordance with the order of a physician licensed to practice medicine in all
of its branches.  Any testing under this subsection shall be only in accordance
with the order of a licensed individual authorized to order the testing.

(Source: P.A. 97-1109, eff. 1-1-13; 98-761, eff. 7-16-14.)

720 ILCS 5/11-1.20

(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)

Sec. 11-1.20. Criminal Sexual Assault.

    (a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:
        (1) uses force or threat of force;
        (2) knows that the victim is unable to understand the

nature of the act or is unable to give knowing consent;

(3) is a family member of the victim, and the victim

is under 18 years of age; or

(4) is 17 years of age or over and holds a position

of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age.

(b) Sentence.

(1) Criminal sexual assault is a Class 1 felony,

except that:

(A) A person who is convicted of the offense of

criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of criminal sexual assault or the offense of exploitation of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault or to the offense of exploitation of a child, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years.  The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (A) to apply.

(B) A person who is convicted of the offense of

criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment.  The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (B) to apply.

(C) A second or subsequent conviction for a

violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.

(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)