Sen. John F. Curran

Filed: 4/7/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1896

2    AMENDMENT NO. ______. Amend Senate Bill 1896 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 11-1.50 and 11-1.60 as follows:
 
6    (720 ILCS 5/11-1.50)  (was 720 ILCS 5/12-15)
7    Sec. 11-1.50. Criminal sexual abuse.
8    (a) A person commits criminal sexual abuse if that person:
9        (1) commits an act of sexual conduct by the use of
10    force or threat of force; or
11        (2) commits an act of sexual conduct and knows that
12    the victim is unable to understand the nature of the act or
13    is unable to give knowing consent.
14    (b) A person commits criminal sexual abuse if that person
15is under 17 years of age and commits an act of sexual
16penetration or sexual conduct with a victim who is at least 9

 

 

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1years of age but under 17 years of age.
2    (c) A person commits criminal sexual abuse if that person
3commits an act of sexual penetration or sexual conduct with a
4victim who is at least 13 years of age but under 17 years of
5age and the person is less than 5 years older than the victim.
6    (c-5) A person commits criminal sexual abuse if he or she
7commits an act of sexual conduct with a victim who is at least
818 years of age but under 21 years of age when the act was
9committed and who is a student attending classes at a public or
10private secondary school and the accused held a position of
11trust, authority, or supervision in relation to the victim at
12the same school.
13    (d) Sentence. Criminal sexual abuse for a violation of
14subsection (b) or (c) of this Section is a Class A misdemeanor.
15Criminal sexual abuse for a violation of paragraph (1) or (2)
16of subsection (a) or (c-5) of this Section is a Class 4 felony.
17A second or subsequent conviction for a violation of
18subsection (a) of this Section is a Class 2 felony. For
19purposes of this Section it is a second or subsequent
20conviction if the accused has at any time been convicted under
21this Section or under any similar statute of this State or any
22other state for any offense involving sexual abuse or sexual
23assault that is substantially equivalent to or more serious
24than the sexual abuse prohibited under this Section.
25(Source: P.A. 96-1551, eff. 7-1-11.)
 

 

 

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1    (720 ILCS 5/11-1.60)  (was 720 ILCS 5/12-16)
2    Sec. 11-1.60. Aggravated criminal sexual abuse.
3    (a) A person commits aggravated criminal sexual abuse if
4that person commits criminal sexual abuse and any of the
5following aggravating circumstances exist (i) during the
6commission of the offense or (ii) for purposes of paragraph
7(7), as part of the same course of conduct as the commission of
8the offense:
9        (1) the person displays, threatens to use, or uses a
10    dangerous weapon or any other object fashioned or used in
11    a manner that leads the victim, under the circumstances,
12    reasonably to believe that the object is a dangerous
13    weapon;
14        (2) the person causes bodily harm to the victim;
15        (3) the victim is 60 years of age or older;
16        (4) the victim is a person with a physical disability;
17        (5) the person acts in a manner that threatens or
18    endangers the life of the victim or any other person;
19        (6) the person commits the criminal sexual abuse
20    during the course of committing or attempting to commit
21    any other felony; or
22        (7) the person delivers (by injection, inhalation,
23    ingestion, transfer of possession, or any other means) any
24    controlled substance to the victim for other than medical
25    purposes without the victim's consent or by threat or
26    deception.

 

 

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1    (b) A person commits aggravated criminal sexual abuse if
2that person commits an act of sexual conduct with a victim who
3is under 18 years of age and the person is a family member.
4    (c) A person commits aggravated criminal sexual abuse if:
5        (1) that person is 17 years of age or over and: (i)
6    commits an act of sexual conduct with a victim who is under
7    13 years of age; or (ii) commits an act of sexual conduct
8    with a victim who is at least 13 years of age but under 17
9    years of age and the person uses force or threat of force
10    to commit the act; or
11        (2) that person is under 17 years of age and: (i)
12    commits an act of sexual conduct with a victim who is under
13    9 years of age; or (ii) commits an act of sexual conduct
14    with a victim who is at least 9 years of age but under 17
15    years of age and the person uses force or threat of force
16    to commit the act.
17    (d) A person commits aggravated criminal sexual abuse if
18that person commits an act of sexual penetration or sexual
19conduct with a victim who is at least 13 years of age but under
2017 years of age and the person is at least 5 years older than
21the victim.
22    (e) A person commits aggravated criminal sexual abuse if
23that person commits an act of sexual conduct with a victim who
24is a person with a severe or profound intellectual disability.
25    (f) A person commits aggravated criminal sexual abuse if
26that person commits an act of sexual conduct with a victim who

 

 

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1is at least 13 years of age but under 18 years of age and the
2person is 17 years of age or over and holds a position of
3trust, authority, or supervision in relation to the victim.
4    (f-5) A person commits aggravated criminal sexual abuse if
5he or she commits an act of sexual penetration with a victim
6who is at least 18 years of age but under 21 years of age when
7the act was committed and who is a student attending classes at
8a public or private secondary school and the accused held a
9position of trust, authority, or supervision in relation to
10the victim at the same school.
11    (g) Sentence. Aggravated criminal sexual abuse is a Class
122 felony.
13(Source: P.A. 99-143, eff. 7-27-15.)".