Rep. Annazette Collins

Filed: 5/29/2008

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1518

2     AMENDMENT NO. ______. Amend House Bill 1518 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 12-13, 12-15, and 12-16 as follows:
 
6     (720 ILCS 5/12-13)  (from Ch. 38, par. 12-13)
7     (Text of Section after amendment by P.A. 95-640)
8     Sec. 12-13. Criminal Sexual Assault.
9     (a) The accused commits criminal sexual assault if he or
10 she:
11         (1) commits an act of sexual penetration by the use of
12     force or threat of force; or
13         (2) commits an act of sexual penetration and the
14     accused knew that the victim was unable to understand the
15     nature of the act or was unable to give knowing consent; or
16         (3) commits an act of sexual penetration with a victim

 

 

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1     who was under 18 years of age when the act was committed
2     and the accused was a family member; or
3         (4) commits an act of sexual penetration with a victim
4     who was at least 13 years of age but under 14 18 years of
5     age when the act was committed and the accused was 17 years
6     of age or over and held a position of trust, authority or
7     supervision in relation to the victim.
8     (b) Sentence.
9         (1) Criminal sexual assault is a Class 1 felony.
10         (2) A person who is convicted of the offense of
11     criminal sexual assault as defined in paragraph (a)(1) or
12     (a)(2) after having previously been convicted of the
13     offense of criminal sexual assault or the offense of
14     exploitation of a child, or who is convicted of the offense
15     of criminal sexual assault as defined in paragraph (a)(1)
16     or (a)(2) after having previously been convicted under the
17     laws of this State or any other state of an offense that is
18     substantially equivalent to the offense of criminal sexual
19     assault or to the offense of exploitation of a child,
20     commits a Class X felony for which the person shall be
21     sentenced to a term of imprisonment of not less than 30
22     years and not more than 60 years. The commission of the
23     second or subsequent offense is required to have been after
24     the initial conviction for this paragraph (2) to apply.
25         (3) A person who is convicted of the offense of
26     criminal sexual assault as defined in paragraph (a)(1) or

 

 

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

 

 

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1     trial.
2 (Source: P.A. 95-640, eff. 6-1-08.)
 
3     (720 ILCS 5/12-15)  (from Ch. 38, par. 12-15)
4     Sec. 12-15. Criminal sexual abuse.
5     (a) The accused commits criminal sexual abuse if he or she:
6         (1) commits an act of sexual conduct by the use of
7     force or threat of force; or
8         (2) commits an act of sexual conduct and the accused
9     knew that the victim was unable to understand the nature of
10     the act or was unable to give knowing consent.
11     (b) The accused commits criminal sexual abuse if the
12 accused was under 17 years of age and commits an act of sexual
13 penetration or sexual conduct with a victim who was at least 9
14 years of age but under 14 17 years of age when the act was
15 committed.
16     (c) The accused commits criminal sexual abuse if he or she
17 commits an act of sexual penetration or sexual conduct with a
18 victim who was at least 13 years of age but under 14 17 years of
19 age and the accused was less than 5 years older than the
20 victim.
21     (d) Sentence. Criminal sexual abuse for a violation of
22 subsection (b) or (c) of this Section is a Class A misdemeanor.
23 Criminal sexual abuse for a violation of paragraph (1) or (2)
24 of subsection (a) of this Section is a Class 4 felony. A second
25 or subsequent conviction for a violation of subsection (a) of

 

 

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1 this Section is a Class 2 felony. For purposes of this Section
2 it is a second or subsequent conviction if the accused has at
3 any time been convicted under this Section or under any similar
4 statute of this State or any other state for any offense
5 involving sexual abuse or sexual assault that is substantially
6 equivalent to or more serious than the sexual abuse prohibited
7 under this Section.
8 (Source: P.A. 91-389, eff. 1-1-00.)
 
9     (720 ILCS 5/12-16)  (from Ch. 38, par. 12-16)
10     Sec. 12-16. Aggravated Criminal Sexual Abuse.
11     (a) The accused commits aggravated criminal sexual abuse if
12 he or she commits criminal sexual abuse as defined in
13 subsection (a) of Section 12-15 of this Code and any of the
14 following aggravating circumstances existed during, or for the
15 purposes of paragraph (7) of this subsection (a) as part of the
16 same course of conduct as, the commission of the offense:
17         (1) the accused displayed, threatened to use or used a
18     dangerous weapon or any object fashioned or utilized in
19     such a manner as to lead the victim under the circumstances
20     reasonably to believe it to be a dangerous weapon; or
21         (2) the accused caused bodily harm to the victim; or
22         (3) the victim was 60 years of age or over when the
23     offense was committed; or
24         (4) the victim was a physically handicapped person; or
25         (5) the accused acted in such a manner as to threaten

 

 

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1     or endanger the life of the victim or any other person; or
2         (6) the criminal sexual abuse was perpetrated during
3     the course of the commission or attempted commission of any
4     other felony by the accused; or
5         (7) the accused delivered (by injection, inhalation,
6     ingestion, transfer of possession, or any other means) to
7     the victim without his or her consent, or by threat or
8     deception, and for other than medical purposes, any
9     controlled substance.
10     (b) The accused commits aggravated criminal sexual abuse if
11 he or she commits an act of sexual conduct with a victim who
12 was under 18 years of age when the act was committed and the
13 accused was a family member.
14     (c) The accused commits aggravated criminal sexual abuse
15 if:
16         (1) the accused was 17 years of age or over and (i)
17     commits an act of sexual conduct with a victim who was
18     under 13 years of age when the act was committed; or (ii)
19     commits an act of sexual conduct with a victim who was at
20     least 13 years of age but under 17 years of age when the
21     act was committed and the accused used force or threat of
22     force to commit the act; or
23         (2) the accused was under 17 years of age and (i)
24     commits an act of sexual conduct with a victim who was
25     under 9 years of age when the act was committed; or (ii)
26     commits an act of sexual conduct with a victim who was at

 

 

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1     least 9 years of age but under 17 years of age when the act
2     was committed and the accused used force or threat of force
3     to commit the act.
4     (d) The accused commits aggravated criminal sexual abuse if
5 he or she commits an act of sexual penetration or sexual
6 conduct with a victim who was at least 13 years of age but
7 under 14 17 years of age and the accused was at least 5 years
8 older than the victim.
9     (e) The accused commits aggravated criminal sexual abuse if
10 he or she commits an act of sexual conduct with a victim who
11 was a severely or profoundly mentally retarded person at the
12 time the act was committed.
13     (f) The accused commits aggravated criminal sexual abuse if
14 he or she commits an act of sexual conduct with a victim who
15 was at least 13 years of age but under 14 18 years of age when
16 the act was committed and the accused was 17 years of age or
17 over and held a position of trust, authority or supervision in
18 relation to the victim.
19     (g) Sentence. Aggravated criminal sexual abuse is a Class 2
20 felony.
21 (Source: P.A. 92-434, eff. 1-1-02.)".