HB0804 EnrolledLRB098 03641 RLC 33657 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 changing
5Section 11-1.40 and by adding Section 11-9.1B as follows:
 
6    (720 ILCS 5/11-1.40)   (was 720 ILCS 5/12-14.1)
7    Sec. 11-1.40. Predatory criminal sexual assault of a child.
8    (a) A person commits predatory criminal sexual assault of a
9child if that person commits an act of sexual penetration or an
10act of contact, however slight between the sex organ or anus of
11one person and the part of the body of another, and the
12accused , is 17 years of age or older, and:
13        (1) the victim is under 13 years of age; or
14        (2) the victim is under 13 years of age and that
15    person:
16            (A) is armed with a firearm;
17            (B) personally discharges a firearm during the
18        commission of the offense;
19            (C) causes great bodily harm to the victim that:
20                (i) results in permanent disability; or
21                (ii) is life threatening; or
22            (D) delivers (by injection, inhalation, ingestion,
23        transfer of possession, or any other means) any

 

 

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1        controlled substance to the victim without the
2        victim's consent or by threat or deception, for other
3        than medical purposes.
4    (b) Sentence.
5        (1) A person convicted of a violation of subsection
6    (a)(1) commits a Class X felony, for which the person shall
7    be sentenced to a term of imprisonment of not less than 6
8    years and not more than 60 years. A person convicted of a
9    violation of subsection (a)(2)(A) commits a Class X felony
10    for which 15 years shall be added to the term of
11    imprisonment imposed by the court. A person convicted of a
12    violation of subsection (a)(2)(B) commits a Class X felony
13    for which 20 years shall be added to the term of
14    imprisonment imposed by the court. A person convicted of a
15    violation of subsection (a)(2)(C) commits a Class X felony
16    for which the person shall be sentenced to a term of
17    imprisonment of not less than 50 years or up to a term of
18    natural life imprisonment.
19        (1.1) A person convicted of a violation of subsection
20    (a)(2)(D) commits a Class X felony for which the person
21    shall be sentenced to a term of imprisonment of not less
22    than 50 years and not more than 60 years.
23        (1.2) A person convicted of predatory criminal sexual
24    assault of a child committed against 2 or more persons
25    regardless of whether the offenses occurred as the result
26    of the same act or of several related or unrelated acts

 

 

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1    shall be sentenced to a term of natural life imprisonment.
2        (2) A person who is convicted of a second or subsequent
3    offense of predatory criminal sexual assault of a child, or
4    who is convicted of the offense of predatory criminal
5    sexual assault of a child after having previously been
6    convicted of the offense of criminal sexual assault or the
7    offense of aggravated criminal sexual assault, or who is
8    convicted of the offense of predatory criminal sexual
9    assault of a child after having previously been convicted
10    under the laws of this State or any other state of an
11    offense that is substantially equivalent to the offense of
12    predatory criminal sexual assault of a child, the offense
13    of aggravated criminal sexual assault or the offense of
14    criminal sexual assault, shall be sentenced to a term of
15    natural life imprisonment. The commission of the second or
16    subsequent offense is required to have been after the
17    initial conviction for this paragraph (2) to apply.
18(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)
 
19    (720 ILCS 5/11-9.1B new)
20    Sec. 11-9.1B. Failure to report sexual abuse of a child.
21    (a) For the purposes of this Section:
22    "Child" means any person under the age of 13.
23    "Sexual abuse" means any contact, however slight, between
24the sex organ or anus of the victim or the accused and an
25object or body part, including but not limited to, the sex

 

 

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1organ, mouth, or anus of the victim or the accused, or any
2intrusion, however slight, of any part of the body of the
3victim or the accused or of any animal or object into the sex
4organ or anus of the victim or the accused, including, but not
5limited to, cunnilingus, fellatio, or anal penetration.
6Evidence of emission of semen is not required to prove sexual
7abuse.
8    (b) A person over the age of 18 commits failure to report
9sexual abuse of a child when he or she personally observes
10sexual abuse, as defined by this Section, between a person who
11he or she knows is over the age of 18 and a person he or she
12knows is a child, and knowingly fails to report the sexual
13abuse to law enforcement.
14    (c) This Section does not apply to a person who makes
15timely and reasonable efforts to stop the sexual abuse by
16reporting the sexual abuse in conformance with the Abused and
17Neglected Child Reporting Act or by reporting the sexual abuse
18or causing a report to be made, to medical or law enforcement
19authorities or anyone who is a mandated reporter under Section
204 of the Abused and Neglected Child Reporting Act.
21    (d) A person may not be charged with the offense of failure
22to report sexual abuse of a child under this Section until the
23person who committed the offense is charged with criminal
24sexual assault, aggravated criminal sexual assault, predatory
25criminal sexual assault of a child, criminal sexual abuse, or
26aggravated criminal sexual abuse.

 

 

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1    (e) It is an affirmative defense to a charge of failure to
2report sexual abuse of a child under this Section that the
3person who personally observed the sexual abuse had a
4reasonable apprehension that timely action to stop the abuse
5would result in the imminent infliction of death, great bodily
6harm, permanent disfigurement, or permanent disability to that
7person or another in retaliation for reporting.
8    (f) Sentence. A person who commits failure to report sexual
9abuse of a child is guilty of a Class A misdemeanor for the
10first violation and a Class 4 felony for a second or subsequent
11violation.
12    (g) Nothing in this Section shall be construed to allow
13prosecution of a person who personally observes the act of
14sexual abuse and assists with an investigation and any
15subsequent prosecution of the offender.