Illinois General Assembly - Full Text of SB1896
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Full Text of SB1896  102nd General Assembly

SB1896 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1896

 

Introduced 2/26/2021, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-1.30  was 720 ILCS 5/12-14
720 ILCS 5/11-1.50  was 720 ILCS 5/12-15

    Amends the Criminal Code of 2012. Provides that a person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is at least 18 years of age but under 20 years of age if the act was committed against a victim who is a student attending classes at a public or private secondary school and the accused held a position of trust, authority, or supervision over the victim at the same school. Provides that this offense is a Class X felony. Provides that a person commits criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 18 years of age but under 20 years of age if the act was committed against a victim who is a student attending classes at a public or private secondary school and the accused held a position of trust, authority, or supervision in relation to the victim at the same school. Provides that this offense is a Class 4 felony.


LRB102 10297 RLC 15624 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1896LRB102 10297 RLC 15624 b

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 11-1.50 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

 

 

SB1896- 2 -LRB102 10297 RLC 15624 b

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

 

 

SB1896- 3 -LRB102 10297 RLC 15624 b

1disability.
2    (c-5) A person commits aggravated criminal sexual assault
3if that person commits an act of sexual penetration with a
4victim who is at least 18 years of age but under 20 years of
5age if the act was committed against a victim who is a student
6attending classes at a public or private secondary school and
7the accused held a position of trust, authority, or
8supervision over the victim at the same school.
9    (d) Sentence.
10        (1) Aggravated criminal sexual assault in violation of
11    paragraph (2), (3), (4), (5), (6), or (7) of subsection
12    (a) or in violation of subsection (b), or (c), or (c-5) is
13    a Class X felony. A violation of subsection (a)(1) is a
14    Class X felony for which 10 years shall be added to the
15    term of imprisonment imposed by the court. A violation of
16    subsection (a)(8) is a Class X felony for which 15 years
17    shall be added to the term of imprisonment imposed by the
18    court. A violation of subsection (a)(9) is a Class X
19    felony for which 20 years shall be added to the term of
20    imprisonment imposed by the court. A violation of
21    subsection (a)(10) is a Class X felony for which 25 years
22    or up to a term of natural life imprisonment shall be added
23    to the term of imprisonment imposed by the court. An
24    offender under the age of 18 years at the time of the
25    commission of aggravated criminal sexual assault in
26    violation of paragraphs (1) through (10) of subsection (a)

 

 

SB1896- 4 -LRB102 10297 RLC 15624 b

1    shall be sentenced under Section 5-4.5-105 of the Unified
2    Code of Corrections.
3        (2) A person who has attained the age of 18 years at
4    the time of the commission of the offense and who is
5    convicted of a second or subsequent offense of aggravated
6    criminal sexual assault, or who is convicted of the
7    offense of aggravated criminal sexual assault after having
8    previously been convicted of the offense of criminal
9    sexual assault or the offense of predatory criminal sexual
10    assault of a child, or who is convicted of the offense of
11    aggravated criminal sexual assault after having previously
12    been convicted under the laws of this or any other state of
13    an offense that is substantially equivalent to the offense
14    of criminal sexual assault, the offense of aggravated
15    criminal sexual assault or the offense of predatory
16    criminal sexual assault of a child, shall be sentenced to
17    a term of natural life imprisonment. The commission of the
18    second or subsequent offense is required to have been
19    after the initial conviction for this paragraph (2) to
20    apply. An offender under the age of 18 years at the time of
21    the commission of the offense covered by this paragraph
22    (2) shall be sentenced under Section 5-4.5-105 of the
23    Unified Code of Corrections.
24(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
2599-642, eff. 7-28-16.)
 

 

 

SB1896- 5 -LRB102 10297 RLC 15624 b

1    (720 ILCS 5/11-1.50)  (was 720 ILCS 5/12-15)
2    Sec. 11-1.50. Criminal sexual abuse.
3    (a) A person commits criminal sexual abuse if that person:
4        (1) commits an act of sexual conduct by the use of
5    force or threat of force; or
6        (2) commits an act of sexual conduct and knows that
7    the victim is unable to understand the nature of the act or
8    is unable to give knowing consent.
9    (b) A person commits criminal sexual abuse if that person
10is under 17 years of age and commits an act of sexual
11penetration or sexual conduct with a victim who is at least 9
12years of age but under 17 years of age.
13    (c) A person commits criminal sexual abuse if that person
14commits an act of sexual penetration or sexual conduct with a
15victim who is at least 13 years of age but under 17 years of
16age and the person is less than 5 years older than the victim.
17    (c-5) A person commits criminal sexual abuse if that
18person commits an act of sexual conduct with a victim who is at
19least 18 years of age but under 20 years of age if the act was
20committed against a victim who is a student attending classes
21at a public or private secondary school and the accused held a
22position of trust, authority, or supervision in relation to
23the victim at the same school.
24    (d) Sentence. Criminal sexual abuse for a violation of
25subsection (b) or (c) of this Section is a Class A misdemeanor.
26Criminal sexual abuse for a violation of paragraph (1) or (2)

 

 

SB1896- 6 -LRB102 10297 RLC 15624 b

1of subsection (a) or subsection (c-5) of this Section is a
2Class 4 felony. A second or subsequent conviction for a
3violation of subsection (a) of this Section is a Class 2
4felony. For purposes of this Section it is a second or
5subsequent conviction if the accused has at any time been
6convicted under this Section or under any similar statute of
7this State or any other state for any offense involving sexual
8abuse or sexual assault that is substantially equivalent to or
9more serious than the sexual abuse prohibited under this
10Section.
11(Source: P.A. 96-1551, eff. 7-1-11.)