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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2063
Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Robert S. Molaro SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-13 |
from Ch. 38, par. 12-13 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section
concerning the offense of criminal sexual assault.
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A BILL FOR
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HB2063 |
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LRB094 03022 RLC 33023 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 12-13 as follows:
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| (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
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| Sec. 12-13. Criminal Sexual Assault.
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| (a) The
The accused commits criminal sexual assault if he |
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| or she:
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| (1) commits an act of sexual penetration by the use of |
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| force or threat of
force; or
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| (2) commits an act of sexual penetration and the |
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| accused knew that the
victim was unable to understand the |
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| 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 18
years of age when the act was committed |
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| and the accused was a family
member; or
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| (4) commits an act of sexual penetration with a victim |
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| who was at
least 13 years of age but under 18 years of age |
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| when the act was committed
and the accused was 17 years of |
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| age or over and held a position of trust,
authority or |
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| 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 |
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| criminal sexual assault as
defined in paragraph (a)(1) or |
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| (a)(2) after having previously been convicted of
the |
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| offense of criminal sexual assault, or who is convicted of |
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| the offense of
criminal sexual assault as defined in |
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| paragraph (a)(1) or (a)(2) after having
previously been |
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| convicted under the laws of this State or any other state |
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| of an
offense that is substantially equivalent to the |