Illinois General Assembly - Full Text of HB3584
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Full Text of HB3584  102nd General Assembly

HB3584 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3584

 

Introduced 2/22/2021, by Rep. Frances Ann Hurley

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-1.30  was 720 ILCS 5/12-14
720 ILCS 5/11-1.40  was 720 ILCS 5/12-14.1

    Amends the Criminal Code of 2012. Provides that the sentence for aggravated criminal sexual assault, which does not otherwise provide for an enhanced penalty, is a Class X felony for which 5 years shall be added to the term of imprisonment imposed by the court. Provides that the sentence for predatory criminal sexual assault of a child, which does not otherwise provide for an enhanced penalty, is a Class X felony with a minimum term of imprisonment of 11 (rather than 6) years.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
5changing Sections 11-1.30 and 11-1.40 as follows:
 
6    (720 ILCS 5/11-1.30)  (was 720 ILCS 5/12-14)
7    Sec. 11-1.30. Aggravated Criminal Sexual Assault.
8    (a) A person commits aggravated criminal sexual assault if
9that person commits criminal sexual assault and any of the
10following aggravating circumstances exist during the
11commission of the offense or, for purposes of paragraph (7),
12occur as part of the same course of conduct as the commission
13of the offense:
14        (1) the person displays, threatens to use, or uses a
15    dangerous weapon, other than a firearm, or any other
16    object fashioned or used in a manner that leads the
17    victim, under the circumstances, reasonably to believe
18    that the object is a dangerous weapon;
19        (2) the person causes bodily harm to the victim,
20    except as provided in paragraph (10);
21        (3) the person acts in a manner that threatens or
22    endangers the life of the victim or any other person;
23        (4) the person commits the criminal sexual assault

 

 

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1    during the course of committing or attempting to commit
2    any other felony;
3        (5) the victim is 60 years of age or older;
4        (6) the victim is a person with a physical disability;
5        (7) the person delivers (by injection, inhalation,
6    ingestion, transfer of possession, or any other means) any
7    controlled substance to the victim without the victim's
8    consent or by threat or deception for other than medical
9    purposes;
10        (8) the person is armed with a firearm;
11        (9) the person personally discharges a firearm during
12    the commission of the offense; or
13        (10) the person personally discharges a firearm during
14    the commission of the offense, and that discharge
15    proximately causes great bodily harm, permanent
16    disability, permanent disfigurement, or death to another
17    person.
18    (b) A person commits aggravated criminal sexual assault if
19that person is under 17 years of age and: (i) commits an act of
20sexual penetration with a victim who is under 9 years of age;
21or (ii) commits an act of sexual penetration with a victim who
22is at least 9 years of age but under 13 years of age and the
23person uses force or threat of force to commit the act.
24    (c) A person commits aggravated criminal sexual assault if
25that person commits an act of sexual penetration with a victim
26who is a person with a severe or profound intellectual

 

 

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1disability.
2    (d) Sentence.
3        (1) Aggravated criminal sexual assault in violation of
4    paragraph (2), (3), (4), (5), (6), or (7) of subsection
5    (a) or in violation of subsection (b) or (c) is a Class X
6    felony for which 5 years shall be added to the term of
7    imprisonment imposed by the court. A violation of
8    subsection (a)(1) is a Class X felony for which 10 years
9    shall be added to the term of imprisonment imposed by the
10    court. A violation of subsection (a)(8) is a Class X
11    felony for which 15 years shall be added to the term of
12    imprisonment imposed by the court. A violation of
13    subsection (a)(9) is a Class X felony for which 20 years
14    shall be added to the term of imprisonment imposed by the
15    court. A violation of subsection (a)(10) is a Class X
16    felony for which 25 years or up to a term of natural life
17    imprisonment shall be added to the term of imprisonment
18    imposed by the court. An offender under the age of 18 years
19    at the time of the commission of aggravated criminal
20    sexual assault in violation of paragraphs (1) through (10)
21    of subsection (a) shall be sentenced under Section
22    5-4.5-105 of the Unified Code of Corrections.
23        (2) A person who has attained the age of 18 years at
24    the time of the commission of the offense and who is
25    convicted of a second or subsequent offense of aggravated
26    criminal sexual assault, or who is convicted of the

 

 

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1    offense of aggravated criminal sexual assault after having
2    previously been convicted of the offense of criminal
3    sexual assault or the offense of predatory criminal sexual
4    assault of a child, or who is convicted of the offense of
5    aggravated criminal sexual assault after having previously
6    been convicted under the laws of this or any other state of
7    an offense that is substantially equivalent to the offense
8    of criminal sexual assault, the offense of aggravated
9    criminal sexual assault or the offense of predatory
10    criminal sexual assault of a child, shall be sentenced to
11    a term of natural life imprisonment. The commission of the
12    second or subsequent offense is required to have been
13    after the initial conviction for this paragraph (2) to
14    apply. An offender under the age of 18 years at the time of
15    the commission of the offense covered by this paragraph
16    (2) shall be sentenced under Section 5-4.5-105 of the
17    Unified Code of Corrections.
18(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
1999-642, eff. 7-28-16.)
 
20    (720 ILCS 5/11-1.40)   (was 720 ILCS 5/12-14.1)
21    Sec. 11-1.40. Predatory criminal sexual assault of a
22child.
23    (a) A person commits predatory criminal sexual assault of
24a child if that person is 17 years of age or older, and commits
25an act of contact, however slight, between the sex organ or

 

 

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1anus of one person and the part of the body of another for the
2purpose of sexual gratification or arousal of the victim or
3the accused, or an act of sexual penetration, and:
4        (1) the victim is under 13 years of age; or
5        (2) the victim is under 13 years of age and that
6    person:
7            (A) is armed with a firearm;
8            (B) personally discharges a firearm during the
9        commission of the offense;
10            (C) causes great bodily harm to the victim that:
11                (i) results in permanent disability; or
12                (ii) is life threatening; or
13            (D) delivers (by injection, inhalation, ingestion,
14        transfer of possession, or any other means) any
15        controlled substance to the victim without the
16        victim's consent or by threat or deception, for other
17        than medical purposes.
18    (b) Sentence.
19        (1) A person convicted of a violation of subsection
20    (a)(1) commits a Class X felony, for which the person
21    shall be sentenced to a term of imprisonment of not less
22    than 11 6 years and not more than 60 years. A person
23    convicted of a violation of subsection (a)(2)(A) commits a
24    Class X felony for which 15 years shall be added to the
25    term of imprisonment imposed by the court. A person
26    convicted of a violation of subsection (a)(2)(B) commits a

 

 

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1    Class X felony for which 20 years shall be added to the
2    term of imprisonment imposed by the court. A person who
3    has attained the age of 18 years at the time of the
4    commission of the offense and who is convicted of a
5    violation of subsection (a)(2)(C) commits a Class X felony
6    for which the person shall be sentenced to a term of
7    imprisonment of not less than 50 years or up to a term of
8    natural life imprisonment. An offender under the age of 18
9    years at the time of the commission of predatory criminal
10    sexual assault of a child in violation of subsections
11    (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be
12    sentenced under Section 5-4.5-105 of the Unified Code of
13    Corrections.
14        (1.1) A person convicted of a violation of subsection
15    (a)(2)(D) commits a Class X felony for which the person
16    shall be sentenced to a term of imprisonment of not less
17    than 50 years and not more than 60 years. An offender under
18    the age of 18 years at the time of the commission of
19    predatory criminal sexual assault of a child in violation
20    of subsection (a)(2)(D) shall be sentenced under Section
21    5-4.5-105 of the Unified Code of Corrections.
22        (1.2) A person who has attained the age of 18 years at
23    the time of the commission of the offense and convicted of
24    predatory criminal sexual assault of a child committed
25    against 2 or more persons regardless of whether the
26    offenses occurred as the result of the same act or of

 

 

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1    several related or unrelated acts shall be sentenced to a
2    term of natural life imprisonment and an offender under
3    the age of 18 years at the time of the commission of the
4    offense shall be sentenced under Section 5-4.5-105 of the
5    Unified Code of Corrections.
6        (2) A person who has attained the age of 18 years at
7    the time of the commission of the offense and who is
8    convicted of a second or subsequent offense of predatory
9    criminal sexual assault of a child, or who is convicted of
10    the offense of predatory criminal sexual assault of a
11    child after having previously been convicted of the
12    offense of criminal sexual assault or the offense of
13    aggravated criminal sexual assault, or who is convicted of
14    the offense of predatory criminal sexual assault of a
15    child after having previously been convicted under the
16    laws of this State or any other state of an offense that is
17    substantially equivalent to the offense of predatory
18    criminal sexual assault of a child, the offense of
19    aggravated criminal sexual assault or the offense of
20    criminal sexual assault, shall be sentenced to a term of
21    natural life imprisonment. The commission of the second or
22    subsequent offense is required to have been after the
23    initial conviction for this paragraph (2) to apply. An
24    offender under the age of 18 years at the time of the
25    commission of the offense covered by this paragraph (2)
26    shall be sentenced under Section 5-4.5-105 of the Unified

 

 

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1    Code of Corrections.
2(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14;
398-903, eff. 8-15-14; 99-69, eff. 1-1-16.)