Illinois General Assembly - Full Text of Public Act 098-0903
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Public Act 098-0903


 

Public Act 0903 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0903
 
HB4516 EnrolledLRB098 15813 RLC 50851 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 11-1.40 as follows:
 
    (720 ILCS 5/11-1.40)   (was 720 ILCS 5/12-14.1)
    Sec. 11-1.40. Predatory criminal sexual assault of a child.
    (a) A person commits predatory criminal sexual assault of a
child if that person is 17 years of age or older, and commits
an act of sexual penetration or an act of contact, however
slight, between the sex organ or anus of one person and the
part of the body of another for the purpose of sexual
gratification or arousal of the victim or the accused, or an
act of sexual penetration, and the accused is 17 years of age
or older, and:
        (1) the victim is under 13 years of age; or
        (2) the victim is under 13 years of age and that
    person:
            (A) is armed with a firearm;
            (B) personally discharges a firearm during the
        commission of the offense;
            (C) causes great bodily harm to the victim that:
                (i) results in permanent disability; or
                (ii) is life threatening; or
            (D) delivers (by injection, inhalation, ingestion,
        transfer of possession, or any other means) any
        controlled substance to the victim without the
        victim's consent or by threat or deception, for other
        than medical purposes.
    (b) Sentence.
        (1) A person convicted of a violation of subsection
    (a)(1) commits a Class X felony, for which the person shall
    be sentenced to a term of imprisonment of not less than 6
    years and not more than 60 years. A person convicted of a
    violation of subsection (a)(2)(A) commits a Class X felony
    for which 15 years shall be added to the term of
    imprisonment imposed by the court. A person convicted of a
    violation of subsection (a)(2)(B) commits a Class X felony
    for which 20 years shall be added to the term of
    imprisonment imposed by the court. A person convicted of a
    violation of subsection (a)(2)(C) commits a Class X felony
    for which the person shall be sentenced to a term of
    imprisonment of not less than 50 years or up to a term of
    natural life imprisonment.
        (1.1) A person convicted of a violation of subsection
    (a)(2)(D) commits a Class X felony for which the person
    shall be sentenced to a term of imprisonment of not less
    than 50 years and not more than 60 years.
        (1.2) A person convicted of predatory criminal sexual
    assault of a child committed against 2 or more persons
    regardless of whether the offenses occurred as the result
    of the same act or of several related or unrelated acts
    shall be sentenced to a term of natural life imprisonment.
        (2) A person who is convicted of a second or subsequent
    offense of predatory criminal sexual assault of a child, or
    who is convicted of the offense of predatory criminal
    sexual assault of a child after having previously been
    convicted of the offense of criminal sexual assault or the
    offense of aggravated criminal sexual assault, or who is
    convicted of the offense of predatory criminal sexual
    assault of a child 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
    predatory criminal sexual assault of a child, the offense
    of aggravated criminal sexual assault or the offense of
    criminal sexual assault, 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 (2) to apply.
(Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/15/2014