[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
91_HB0729
LRB9101675RCtm
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 who was under
22 18 years of age when the act was committed and the
23 accused was 17 years of age or over and held a position
24 of trust, authority or supervision in relation to the
25 victim.
26 (b) Sentence.
27 (1) Criminal sexual assault is a Class 1 felony.
28 (2) A person who is convicted of the offense of
29 criminal sexual assault as defined in paragraph (a)(1) or
30 (a)(2) after having previously been convicted of the
31 offense of criminal sexual assault, or who is convicted
-2- LRB9101675RCtm
1 of the offense of criminal sexual assault as defined in
2 paragraph (a)(1) or (a)(2) after having previously been
3 convicted under the laws of this State or any other state
4 of an offense that is substantially equivalent to the
5 offense of criminal sexual assault, commits a Class X
6 felony for which the person shall be sentenced to a term
7 of imprisonment of not less than 30 years and not more
8 than 60 years. The commission of the second or
9 subsequent offense is required to have been after the
10 initial conviction for this paragraph (2) to apply.
11 (3) A person who is convicted of the offense of
12 criminal sexual assault as defined in paragraph (a)(1) or
13 (a)(2) after having previously been convicted of the
14 offense of aggravated criminal sexual assault or the
15 offense of predatory criminal sexual assault of a child,
16 or who is convicted of the offense of criminal sexual
17 assault as defined in paragraph (a)(1) or (a)(2) after
18 having previously been convicted under the laws of this
19 State or any other state of an offense that is
20 substantially equivalent to the offense of aggravated
21 criminal sexual assault or the offense of criminal
22 predatory sexual assault shall be sentenced to a term of
23 natural life imprisonment. The commission of the second
24 or subsequent offense is required to have been after the
25 initial conviction for this paragraph (3) to apply.
26 (4) A second or subsequent conviction for a
27 violation of paragraph (a)(3) or (a)(4) or under any
28 similar statute of this State or any other state for any
29 offense involving criminal sexual assault that is
30 substantially equivalent to or more serious than the
31 sexual assault prohibited under paragraph (a)(3) or
32 (a)(4) is a Class X felony.
33 (5) When a person has any such prior conviction,
34 the information or indictment charging that person shall
-3- LRB9101675RCtm
1 state such prior conviction so as to give notice of the
2 State's intention to treat the charge as a Class X
3 felony. The fact of such prior conviction is not an
4 element of the offense and may not be disclosed to the
5 jury during trial unless otherwise permitted by issues
6 properly raised during such trial.
7 (Source: P.A. 90-396, eff. 1-1-98.)