Illinois General Assembly - Full Text of HB3663
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Full Text of HB3663  100th General Assembly

HB3663 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3663

 

Introduced , by Rep. Barbara Wheeler

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-1.30  was 720 ILCS 5/12-14

    Amends the Criminal Code of 2012. Provides that a person also commits aggravated criminal sexual assault if that person is 17 years of age or over and commits an act of sexual penetration with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act. Provides that the penalty is a Class X felony.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 11-1.30 as follows:
 
6    (720 ILCS 5/11-1.30)  (was 720 ILCS 5/12-14)
7    Sec. 11-1.30. Aggravated Criminal Sexual Assault.
8    (a) A person commits aggravated criminal sexual assault if
9that person commits criminal sexual assault and any of the
10following aggravating circumstances exist during the
11commission of the offense or, for purposes of paragraph (7),
12occur as part of the same course of conduct as the commission
13of the offense:
14        (1) the person displays, threatens to use, or uses a
15    dangerous weapon, other than a firearm, or any other object
16    fashioned or used in a manner that leads the victim, under
17    the circumstances, reasonably to believe that the object is
18    a dangerous weapon;
19        (2) the person causes bodily harm to the victim, except
20    as provided in paragraph (10);
21        (3) the person acts in a manner that threatens or
22    endangers the life of the victim or any other person;
23        (4) the person commits the criminal sexual assault

 

 

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1    during the course of committing or attempting to commit any
2    other felony;
3        (5) the victim is 60 years of age or older;
4        (6) the victim is a person with a physical disability;
5        (7) the person delivers (by injection, inhalation,
6    ingestion, transfer of possession, or any other means) any
7    controlled substance to the victim without the victim's
8    consent or by threat or deception for other than medical
9    purposes;
10        (8) the person is armed with a firearm;
11        (9) the person personally discharges a firearm during
12    the commission of the offense; or
13        (10) the person personally discharges a firearm during
14    the commission of the offense, and that discharge
15    proximately causes great bodily harm, permanent
16    disability, permanent disfigurement, or death to another
17    person.
18    (b) A person commits aggravated criminal sexual assault if
19that person is under 17 years of age and: (i) commits an act of
20sexual penetration with a victim who is under 9 years of age;
21or (ii) commits an act of sexual penetration with a victim who
22is at least 9 years of age but under 13 years of age and the
23person uses force or threat of force to commit the act.
24    (b-5) A person commits aggravated criminal sexual assault
25if that person is 17 years of age or over and commits an act of
26sexual penetration with a victim who is at least 13 years of

 

 

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1age but under 17 years of age and the person uses force or
2threat of force to commit the act.
3    (c) A person commits aggravated criminal sexual assault if
4that person commits an act of sexual penetration with a victim
5who is a person with a severe or profound intellectual
6disability.
7    (d) Sentence.
8        (1) Aggravated criminal sexual assault in violation of
9    paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
10    or in violation of subsection (b), (b-5), or (c) is a Class
11    X felony. A violation of subsection (a)(1) is a Class X
12    felony for which 10 years shall be added to the term of
13    imprisonment imposed by the court. A violation of
14    subsection (a)(8) is a Class X felony for which 15 years
15    shall be added to the term of imprisonment imposed by the
16    court. A violation of subsection (a)(9) is a Class X felony
17    for which 20 years shall be added to the term of
18    imprisonment imposed by the court. A violation of
19    subsection (a)(10) is a Class X felony for which 25 years
20    or up to a term of natural life imprisonment shall be added
21    to the term of imprisonment imposed by the court. An
22    offender under the age of 18 years at the time of the
23    commission of aggravated criminal sexual assault in
24    violation of paragraphs (1) through (10) of subsection (a)
25    shall be sentenced under Section 5-4.5-105 of the Unified
26    Code of Corrections.

 

 

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1        (2) A person who has attained the age of 18 years at
2    the time of the commission of the offense and who is
3    convicted of a second or subsequent offense of aggravated
4    criminal sexual assault, or who is convicted of the offense
5    of aggravated criminal sexual assault after having
6    previously been convicted of the offense of criminal sexual
7    assault or the offense of predatory criminal sexual assault
8    of a child, or who is convicted of the offense of
9    aggravated criminal sexual assault after having previously
10    been convicted under the laws of this or any other state of
11    an offense that is substantially equivalent to the offense
12    of criminal sexual assault, the offense of aggravated
13    criminal sexual assault or the offense of predatory
14    criminal sexual assault of a child, shall be sentenced to a
15    term of natural life imprisonment. The commission of the
16    second or subsequent offense is required to have been after
17    the initial conviction for this paragraph (2) to apply. An
18    offender under the age of 18 years at the time of the
19    commission of the offense covered by this paragraph (2)
20    shall be sentenced under Section 5-4.5-105 of the Unified
21    Code of Corrections.
22(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
23eff. 7-28-16.)