HB4789 93RD GENERAL ASSEMBLY 






 

 		











93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4789


 
Introduced 02/04/04, by Frank Aguilar
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/12-13
  from Ch. 38, par. 12-13







    Amends the Criminal Code of 1961.  Provides that criminal sexual assault also consists of a gang member who  aided by 2 or more persons actually present, subjects the victim to sexual penetration without the consent of the victim or who with intent to expose the intimate parts of the body of the victim and when aided by 2 or more other persons actually present, removes or attempts to remove an article of clothing from the victim without the consent of the victim.  Provides that a violation is a Class 1 felony.



















LRB093 18399 RLC 44107 b




















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














HB4789

LRB093 18399 RLC 44107 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 accused commits criminal sexual assault if he or 
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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; or
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        (5) is a gang member and,  aided by 2 or more persons 
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    actually present, subjects the victim to sexual 
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    penetration without the consent of the victim; or
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        (6) is a gang member and, with intent to expose the 
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    intimate parts of the body of the victim and when aided by 
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    2 or more other persons actually present, removes or 
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    attempts to remove an article of clothing from the victim 
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    without the consent of 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 
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    offense of criminal sexual
assault, commits a Class X 
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    felony for which the person shall be sentenced to a
term of 
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    imprisonment of not less than 30 years and not more than 60 
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    years.  The
commission of the second or subsequent offense 
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    is required to have been after
the initial conviction for 
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    this paragraph (2) to apply.


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        (3) 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 aggravated criminal sexual assault or the 
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    offense of predatory
criminal sexual assault of a child, or 
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    who is convicted of the offense of
criminal sexual assault 
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    as defined in paragraph (a)(1) or (a)(2) after having

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    previously been convicted under the laws of this State or 
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    any other state of an
offense that is substantially 
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    equivalent to the offense of aggravated criminal
sexual 
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    assault or the offense of criminal predatory sexual assault 
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    shall be
sentenced to a term of natural life imprisonment.  
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    The commission of the second
or subsequent offense is 
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    required to have been after the initial conviction for
this 
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    paragraph (3) to apply.


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        (4) A second or subsequent conviction for a violation 
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    of paragraph
(a)(3) or (a)(4) or under any similar statute 
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    of this State
or any other state for any offense involving 
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    criminal sexual assault that is
substantially equivalent 
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    to or more serious than the sexual assault prohibited
under 
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    paragraph (a)(3) or (a)(4) is a Class X felony. 


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        (5) When a person has any such prior conviction, the 
 


 









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    information or
indictment charging that person shall state 
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    such prior conviction so as to give
notice of the State's 
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    intention to treat the charge as a Class X felony.  The
fact 
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    of such prior conviction is not an element of the offense 
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    and may not be
disclosed to the jury during trial unless 
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    otherwise permitted by issues
properly raised during such 
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    trial.
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    (c) For the purposes of this Section, "gang member" has the 
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    meaning ascribed to it in Section 10 of the Illinois Streetgang 
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    Terrorism Omnibus Prevention Act.


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(Source: P.A. 90-396, eff. 1-1-98.)