HB5635 101ST GENERAL ASSEMBLY

  
  
 

 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5635
 
Introduced , by Rep. Joyce Mason
 
SYNOPSIS AS INTRODUCED:
 

 



720 ILCS 5/11-1.20     was 720 ILCS 5/12-13

     Amends the Criminal Code of 2012.  Provides that, in addition to  other elements defining the offense, a person commits criminal sexual assault if that person commits an act of sexual penetration and is a physician licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches or licensed as a chiropractic physician under that Act and the victim is a patient under the physician or chiropractic physicians's care or to whom the physician or chiropractic physician has access due to his or her practice as a physician or chiropractic physician.  Effective January 1, 2021.
  


LRB101 18375 RLC 67822 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB5635LRB101 18375 RLC 67822 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 11-1.20 as follows:
 


6    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)


7    Sec. 11-1.20. Criminal sexual assault. 

8    (a) A person commits criminal sexual assault if that person 
9commits an act of sexual penetration and:
10        (1) uses force or threat of force;
11        (2) knows that the victim is unable to understand the 
12    nature of the act or is unable to give knowing consent;
13        (3) is a family member of the victim, and the victim is 
14    under 18 years of age; or
15        (4) is 17 years of age or over and holds a position of 
16    trust, authority, or supervision in relation to the victim, 
17    and the victim is at least 13 years of age but under 18 
18    years of age; or
19        (5)  is a physician licensed under the Medical Practice 
20    Act of 1987 to practice medicine in all of its branches or 
21    licensed as a chiropractic physician under that Act and the 
22    victim is a patient under the physician or chiropractic 
23    physicians's care or to whom the physician or chiropractic 
 
 
HB5635- 2 -LRB101 18375 RLC 67822 b

1    physician has access due to his or her practice as a 
2    physician or chiropractic physician.





3    (b) Sentence.  

4        (1) Criminal sexual assault is a Class 1 felony, except 
5    that:  

6            (A) A person who is convicted of the offense of 
7        criminal sexual assault as
defined in paragraph (a)(1) 
8        or (a)(2) after having previously been convicted of
the 
9        offense of criminal sexual assault or the offense of 
10        exploitation of a child, or who is convicted of the 
11        offense of
criminal sexual assault as defined in 
12        paragraph (a)(1) or (a)(2) after having
previously 
13        been convicted under the laws of this State or any 
14        other state of an
offense that is substantially 
15        equivalent to the offense of criminal sexual
assault or 
16        to the offense of exploitation of a child, commits a 
17        Class X felony for which the person shall be sentenced 
18        to a
term of imprisonment of not less than 30 years and 
19        not more than 60 years, except that if the person is 
20        under the age of 18 years at the time of the offense, 
21        he or she shall be sentenced under Section 5-4.5-105 of 
22        the Unified Code of Corrections.  The
commission of the 
23        second or subsequent offense is required to have been 
24        after
the initial conviction for this paragraph (A) to 
25        apply.

26            (B) A person who has attained the age of 18 years 
 
 
HB5635- 3 -LRB101 18375 RLC 67822 b

1        at the time of the commission of the offense and who is 
2        convicted of the offense of criminal sexual assault as

3        defined in paragraph (a)(1) or (a)(2) after having 
4        previously been convicted of
the offense of aggravated 
5        criminal sexual assault or the offense of predatory

6        criminal sexual assault of a child, or who is convicted 
7        of the offense of
criminal sexual assault as defined in 
8        paragraph (a)(1) or (a)(2) after having
previously 
9        been convicted under the laws of this State or any 
10        other state of an
offense that is substantially 
11        equivalent to the offense of aggravated criminal

12        sexual assault or the offense of predatory criminal 
13        sexual assault of a child shall be
sentenced to a term 
14        of natural life imprisonment.  The commission of the 
15        second
or subsequent offense is required to have been 
16        after the initial conviction for
this paragraph (B) to 
17        apply. An offender under the age of 18 years at the 
18        time of the commission of the offense covered by this 
19        subparagraph (B) shall be sentenced under Section 
20        5-4.5-105 of the Unified Code of Corrections. 

21            (C) A second or subsequent conviction for a 
22        violation of paragraph
(a)(3), or (a)(4), or (a)(5) or 
23        under any similar statute of this State
or any other 
24        state for any offense involving criminal sexual 
25        assault that is
substantially equivalent to or more 
26        serious than the sexual assault prohibited
under 
 
 
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1        paragraph (a)(3), or (a)(4), or (a)(5) is a Class X 
2        felony. 


3(Source: P.A. 99-69, eff. 1-1-16.)

 
 
4    Section 99. Effective date. This Act takes effect January 
51, 2021.