Full Text of HB1518 95th General Assembly
HB1518ham001 95TH GENERAL ASSEMBLY
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Rep. Annazette Collins
Filed: 5/27/2008
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09500HB1518ham001 |
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LRB095 07915 RLC 51439 a |
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| AMENDMENT TO HOUSE BILL 1518
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| AMENDMENT NO. ______. Amend House Bill 1518 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Sections 12-13, 12-15, and 12-16 as follows:
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| (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
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| (Text of Section after amendment by P.A. 95-640 )
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| Sec. 12-13. Criminal Sexual Assault.
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| (a) The accused commits criminal sexual assault if he or | 10 |
| she:
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| (1) commits an act of sexual penetration by the use of | 12 |
| force or threat of
force; or
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| (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
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| (3) commits an act of sexual penetration with a victim |
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| who was under 14 18
years of age when the act was committed | 2 |
| and the accused was a family
member; or
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| (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.
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| (b) Sentence.
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| (1) Criminal sexual assault is a Class 1 felony.
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| (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
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| 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
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| the initial conviction for this paragraph (2) to apply.
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| (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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LRB095 07915 RLC 51439 a |
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| (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
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| 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.
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| (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.
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| (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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| trial.
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| (Source: P.A. 95-640, eff. 6-1-08.)
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| (720 ILCS 5/12-15) (from Ch. 38, par. 12-15)
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| Sec. 12-15. Criminal sexual abuse.
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| (a) The accused commits criminal sexual abuse if he or she:
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| (1) commits an act of sexual conduct by the use of | 7 |
| force or threat of
force; or
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| (2) commits an act of sexual conduct and the accused
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| knew that the victim was unable to understand the nature of | 10 |
| the act or
was unable to give knowing consent.
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| (b) The accused commits criminal sexual abuse if
the | 12 |
| accused was under 17 years of age and commits an act of sexual
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| 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.
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| (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.
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| (d) Sentence. Criminal sexual abuse
for a violation of | 22 |
| subsection (b) or
(c) of this Section
is a Class A misdemeanor.
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| Criminal sexual abuse for a violation of paragraph (1) or (2)
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| of subsection (a) of this Section is a Class 4 felony.
A second
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| or subsequent conviction
for a violation of subsection (a) of |
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| 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.
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| (Source: P.A. 91-389, eff. 1-1-00.)
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| (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
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| Sec. 12-16. Aggravated Criminal Sexual Abuse.
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| (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:
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| (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
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| (2) the accused caused bodily harm to the victim; or
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| (3) the victim was 60 years of age or over when the | 23 |
| offense was committed;
or
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| (4) the victim was a physically handicapped person; or
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| (5) the accused acted in such a manner as to threaten |
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| or endanger the
life of the victim or any other person; or
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| (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
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| (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
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| controlled substance.
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| (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 14 18
years of age when the act was committed
and the | 13 |
| accused was a family member.
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| (c) The accused commits aggravated criminal sexual abuse | 15 |
| if:
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| (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
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| (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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| 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.
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| (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
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| older than the victim.
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| (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.
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| (f) The accused commits aggravated criminal sexual abuse if
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| 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.
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| (g) Sentence. Aggravated criminal sexual abuse is a Class 2 | 20 |
| felony.
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| (Source: P.A. 92-434, eff. 1-1-02.)".
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