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90_HB3656
720 ILCS 5/12-13 from Ch. 38, par. 12-13
Amends the Criminal Code of 1961. Provides that the
administration of a controlled substance to a victim of an
act of sexual penetration constitutes prima facie evidence
that the victim was unable to understand the nature of the
act or was unable to give knowing consent.
LRB9011026RCpc
LRB9011026RCpc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-13.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-13 as follows:
7 (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
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
12 of 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;
16 or
17 (3) commits an act of sexual penetration with a
18 victim who was under 18 years of age when the act was
19 committed and the accused was a family member; or
20 (4) commits an act of sexual penetration with a
21 victim who was at least 13 years of age but under 18
22 years of age when the act was committed and the accused
23 was 17 years of age or over and held a position of trust,
24 authority or supervision in relation to the victim.
25 (b) Sentence.
26 (1) Criminal sexual assault is a Class 1 felony.
27 (2) A person who is convicted of the offense of
28 criminal sexual assault as defined in paragraph (a)(1) or
29 (a)(2) after having previously been convicted of the
30 offense of criminal sexual assault, or who is convicted
31 of the offense of criminal sexual assault as defined in
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1 paragraph (a)(1) or (a)(2) after having previously been
2 convicted under the laws of this State or any other state
3 of an offense that is substantially equivalent to the
4 offense of criminal sexual assault, commits a Class X
5 felony for which the person shall be sentenced to a term
6 of imprisonment of not less than 30 years and not more
7 than 60 years. The commission of the second or
8 subsequent offense is required to have been after the
9 initial conviction for this paragraph (2) to apply.
10 (3) 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 aggravated criminal sexual assault or the
14 offense of predatory criminal sexual assault of a child,
15 or who is convicted of the offense of criminal sexual
16 assault as defined in paragraph (a)(1) or (a)(2) after
17 having previously been convicted under the laws of this
18 State or any other state of an offense that is
19 substantially equivalent to the offense of aggravated
20 criminal sexual assault or the offense of criminal
21 predatory sexual assault shall be sentenced to a term of
22 natural life imprisonment. The commission of the second
23 or subsequent offense is required to have been after the
24 initial conviction for this paragraph (3) to apply.
25 (4) A second or subsequent conviction for a
26 violation of paragraph (a)(3) or (a)(4) or under any
27 similar statute of this State or any other state for any
28 offense involving criminal sexual assault that is
29 substantially equivalent to or more serious than the
30 sexual assault prohibited under paragraph (a)(3) or
31 (a)(4) is a Class X felony.
32 (5) When a person has any such prior conviction,
33 the information or indictment charging that person shall
34 state such prior conviction so as to give notice of the
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1 State's intention to treat the charge as a Class X
2 felony. The fact of such prior conviction is not an
3 element of the offense and may not be disclosed to the
4 jury during trial unless otherwise permitted by issues
5 properly raised during such trial.
6 (c) Prima facie evidence. The administration of a
7 controlled substance, as defined in the Illinois Controlled
8 Substances Act, to a victim of an act of sexual penetration
9 constitutes prima facie evidence that the victim was unable
10 to understand the nature of the act or was unable to give
11 knowing consent within the meaning of paragraph (a)(2) of
12 this Section.
13 (Source: P.A. 90-396, eff. 1-1-98.)