Public Act 90-0396 of the 90th General Assembly
Public Act 90-0396
SB7 Enrolled LRB9000807RCcd
AN ACT in relation to certain sex offenses.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Sections 12-13, 12-14, and 12-14.1 as follows:
(720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
Sec. 12-13. Criminal Sexual Assault. (a) The accused
commits criminal sexual assault if he or she:
(1) commits an act of sexual penetration by the use of
force or threat of force; or
(2) commits an act of sexual penetration and the accused
knew that the victim was unable to understand the nature of
the act or was unable to give knowing consent; or
(3) commits an act of sexual penetration with a victim
who was under 18 years of age when the act was committed and
the accused was a family member; or
(4) commits an act of sexual penetration with a victim
who was at least 13 years of age but under 18 years of age
when the act was committed and the accused was 17 years of
age or over and held a position of trust, authority or
supervision in relation to the victim.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony.
(2) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1) or
(a)(2) after having previously been convicted of the
offense of criminal sexual assault, or who is convicted
of the offense of criminal sexual assault as defined in
paragraph (a)(1) or (a)(2) after having previously been
convicted under the laws of this State or any other state
of an offense that is substantially equivalent to the
offense of criminal sexual assault, commits a Class X
felony for which the person shall be sentenced to a term
of imprisonment of not less than 30 years and not more
than 60 years. The commission of the second or
subsequent offense is required to have been after the
initial conviction for this paragraph (2) to apply.
(3) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1) or
(a)(2) after having previously been convicted of the
offense of aggravated criminal sexual assault or the
offense of predatory criminal sexual assault of a child,
or who is convicted of the offense of criminal sexual
assault as defined in paragraph (a)(1) or (a)(2) after
having previously been convicted under the laws of this
State or any other state of an offense that is
substantially equivalent to the offense of aggravated
criminal sexual assault or the offense of criminal
predatory sexual assault shall be sentenced to a term of
natural life imprisonment. The commission of the second
or subsequent offense is required to have been after the
initial conviction for this paragraph (3) to apply.
(4) A second or subsequent conviction for a
violation of paragraph (a)(3) or (a)(4) this Section or
under any similar statute of this State or any other
state for any offense involving criminal sexual assault
that is substantially equivalent to or more serious than
the sexual assault prohibited under paragraph (a)(3) or
(a)(4) this Section is a Class X felony.
(5) When a person has any such prior conviction,
the information or indictment charging that person shall
state such prior conviction so as to give notice of the
State's intention to treat the charge as a Class X
felony. The fact of such prior conviction is not an
element of the offense and may not be disclosed to the
jury during trial unless otherwise permitted by issues
properly raised during such trial.
(Source: P.A. 85-1440.)
(720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
Sec. 12-14. Aggravated Criminal Sexual Assault.
(a) The accused commits aggravated criminal sexual
assault if he or she commits criminal sexual assault and any
of the following aggravating circumstances existed during the
commission of the offense:
(1) the accused displayed, threatened to use, or
used a dangerous weapon or any object fashioned or
utilized in such a manner as to lead the victim under the
circumstances reasonably to believe it to be a dangerous
weapon; or
(2) the accused caused bodily harm to the victim;
or
(3) the accused acted in such a manner as to
threaten or endanger the life of the victim or any other
person; or
(4) the criminal sexual assault was perpetrated
during the course of the commission or attempted
commission of any other felony by the accused; or
(5) the victim was 60 years of age or over when the
offense was committed; or
(6) the victim was a physically handicapped person.
(b) The accused commits aggravated criminal sexual
assault if the accused was under 17 years of age and (i)
commits an act of sexual penetration with a victim who was
under 9 years of age when the act was committed; or (ii)
commits an act of sexual penetration with a victim who was at
least 9 years of age but under 13 years of age when the act
was committed and the accused used force or threat of force
to commit the act.
(c) The accused commits aggravated criminal sexual
assault if he or she commits an act of sexual penetration
with a victim who was an institutionalized severely or
profoundly mentally retarded person at the time the act was
committed.
(d) Sentence.
(1) Aggravated criminal sexual assault is a Class
X felony.
(2) A person who is convicted of a second or
subsequent offense of aggravated criminal sexual assault,
or who is convicted of the offense of aggravated criminal
sexual assault after having previously been convicted of
the offense of criminal sexual assault or the offense of
predatory criminal sexual assault of a child, or who is
convicted of the offense of aggravated criminal sexual
assault after having previously been convicted under the
laws of this or any other state of an offense that is
substantially equivalent to the offense of criminal
sexual assault, the offense of aggravated criminal sexual
assault or the offense of predatory criminal sexual
assault of a child, shall be sentenced to a term of
natural life imprisonment. The commission of the second
or subsequent offense is required to have been after the
initial conviction for this paragraph (2) to apply.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
(720 ILCS 5/12-14.1)
Sec. 12-14.1. Predatory criminal sexual assault of a
child.
(a) The accused commits predatory criminal sexual
assault of a child if:
(1) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed; or
(2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed and
the accused caused great bodily harm to the victim that:
(A) resulted in permanent disability; or
(B) was life threatening.
(b) Sentence.
(1) A person convicted of a violation of
subsection (a)(1) commits a Class X felony. A person
convicted of a violation of subsection (a)(2) commits a
Class X felony for which the person shall be sentenced to
a term of imprisonment of not less than 50 years and not
more than 60 years.
(2) A person who is convicted of a second or
subsequent offense of predatory criminal sexual assault
of a child, or who is convicted of the offense of
predatory criminal sexual assault of a child after having
previously been convicted of the offense of criminal
sexual assault or the offense of aggravated criminal
sexual assault, or who is convicted of the offense of
predatory criminal sexual assault of a child after having
previously been convicted under the laws of this State or
any other state of an offense that is substantially
equivalent to the offense of predatory criminal sexual
assault of a child, the offense of aggravated criminal
sexual assault or the offense of criminal sexual assault,
shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent
offense is required to have been after the initial
conviction for this paragraph (2) to apply.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
Section 10. The Unified Code of Corrections is amended
by changing Section 5-8-1 as follows:
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Sentence of Imprisonment for Felony.
(a) Except as otherwise provided in the statute defining
the offense, a sentence of imprisonment for a felony shall be
a determinate sentence set by the court under this Section,
according to the following limitations:
(1) for first degree murder,
(a) a term shall be not less than 20 years and
not more than 60 years, or
(b) if the court finds that the murder was
accompanied by exceptionally brutal or heinous
behavior indicative of wanton cruelty or, except as
set forth in subsection (a)(1)(c) of this Section,
that any of the aggravating factors listed in
subsection (b) of Section 9-1 of the Criminal Code
of 1961 are present, the court may sentence the
defendant to a term of natural life imprisonment, or
(c) the court shall sentence the defendant to
a term of natural life imprisonment when the death
penalty is not imposed if the defendant,
(i) has previously been convicted of
first degree murder under any state or federal
law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age
of 17 or more and is found guilty of murdering
an individual under 12 years of age; or,
irrespective of the defendant's age at the time
of the commission of the offense, is found
guilty of murdering more than one victim, or
(iii) is found guilty of murdering a
peace officer or fireman when the peace officer
or fireman was killed in the course of
performing his official duties, or to prevent
the peace officer or fireman from performing
his official duties, or in retaliation for the
peace officer or fireman performing his
official duties, and the defendant knew or
should have known that the murdered individual
was a peace officer or fireman, or
(iv) is found guilty of murdering an
employee of an institution or facility of the
Department of Corrections, or any similar local
correctional agency, when the employee was
killed in the course of performing his official
duties, or to prevent the employee from
performing his official duties, or in
retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an
emergency medical technician - ambulance,
emergency medical technician - intermediate,
emergency medical technician - paramedic,
ambulance driver or other medical assistance or
first aid person while employed by a
municipality or other governmental unit when
the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and
the defendant knew or should have known that
the murdered individual was an emergency
medical technician - ambulance, emergency
medical technician - intermediate, emergency
medical technician - paramedic, ambulance
driver, or other medical assistant or first aid
personnel, or
(vi) is a person who, at the time of the
commission of the murder, had not attained the
age of 17, and is found guilty of murdering a
person under 12 years of age and the murder is
committed during the course of aggravated
criminal sexual assault, criminal sexual
assault, or aggravated kidnaping.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical
technician - intermediate", "emergency medical
technician - paramedic", have the meanings ascribed
to them in the Emergency Medical Services (EMS)
Systems Act.
(1.5) for second degree murder, a term shall be not
less than 4 years and not more than 20 years;
(2) for a person adjudged a habitual criminal under
Article 33B of the Criminal Code of 1961, as amended, the
sentence shall be a term of natural life imprisonment;.
(2.5) for a person convicted under the
circumstances described in paragraph (3) of subsection
(b) of Section 12-13, paragraph (2) of subsection (d) of
Section 12-14, or paragraph (2) of subsection (b) of
Section 12-14.1 of the Criminal Code of 1961, the
sentence shall be a term of natural life imprisonment;
(3) except as otherwise provided in the statute
defining the offense, for a Class X felony, the sentence
shall be not less than 6 years and not more than 30
years;
(4) for a Class 1 felony, other than second degree
murder, the sentence shall be not less than 4 years and
not more than 15 years;
(5) for a Class 2 felony, the sentence shall be not
less than 3 years and not more than 7 years;
(6) for a Class 3 felony, the sentence shall be not
less than 2 years and not more than 5 years;
(7) for a Class 4 felony, the sentence shall be not
less than 1 year and not more than 3 years.
(b) The sentencing judge in each felony conviction shall
set forth his reasons for imposing the particular sentence he
enters in the case, as provided in Section 5-4-1 of this
Code. Those reasons may include any mitigating or
aggravating factors specified in this Code, or the lack of
any such circumstances, as well as any other such factors as
the judge shall set forth on the record that are consistent
with the purposes and principles of sentencing set out in
this Code.
(c) A motion to reduce a sentence may be made, or the
court may reduce a sentence without motion, within 30 days
after the sentence is imposed. A defendant's challenge to
the correctness of a sentence or to any aspect of the
sentencing hearing shall be made by a written motion filed
within 30 days following the imposition of sentence.
However, the court may not increase a sentence once it is
imposed.
If a motion filed pursuant to this subsection is timely
filed within 30 days after the sentence is imposed, the
proponent of the motion shall exercise due diligence in
seeking a determination on the motion and the court shall
thereafter decide such motion within a reasonable time.
If a motion filed pursuant to this subsection is timely
filed within 30 days after the sentence is imposed, then for
purposes of perfecting an appeal, a final judgment shall not
be considered to have been entered until the motion to reduce
a sentence has been decided by order entered by the trial
court.
A motion filed pursuant to this subsection shall not be
considered to have been timely filed unless it is filed with
the circuit court clerk within 30 days after the sentence is
imposed together with a notice of motion, which notice of
motion shall set the motion on the court's calendar on a date
certain within a reasonable time after the date of filing.
(d) Except where a term of natural life is imposed,
every sentence shall include as though written therein a term
in addition to the term of imprisonment. For those sentenced
under the law in effect prior to February 1, 1978, such term
shall be identified as a parole term. For those sentenced on
or after February 1, 1978, such term shall be identified as a
mandatory supervised release term. Subject to earlier
termination under Section 3-3-8, the parole or mandatory
supervised release term shall be as follows:
(1) for first degree murder or a Class X felony, 3
years;
(2) for a Class 1 felony or a Class 2 felony, 2
years;
(3) for a Class 3 felony or a Class 4 felony, 1
year.
(e) A defendant who has a previous and unexpired
sentence of imprisonment imposed by another state or by any
district court of the United States and who, after sentence
for a crime in Illinois, must return to serve the unexpired
prior sentence may have his sentence by the Illinois court
ordered to be concurrent with the prior sentence in the other
state. The court may order that any time served on the
unexpired portion of the sentence in the other state, prior
to his return to Illinois, shall be credited on his Illinois
sentence. The other state shall be furnished with a copy of
the order imposing sentence which shall provide that, when
the offender is released from confinement of the other state,
whether by parole or by termination of sentence, the offender
shall be transferred by the Sheriff of the committing county
to the Illinois Department of Corrections. The court shall
cause the Department of Corrections to be notified of such
sentence at the time of commitment and to be provided with
copies of all records regarding the sentence.
(f) A defendant who has a previous and unexpired
sentence of imprisonment imposed by an Illinois circuit court
for a crime in this State and who is subsequently sentenced
to a term of imprisonment by another state or by any district
court of the United States and who has served a term of
imprisonment imposed by the other state or district court of
the United States, and must return to serve the unexpired
prior sentence imposed by the Illinois Circuit Court may
apply to the court which imposed sentence to have his
sentence reduced.
The circuit court may order that any time served on the
sentence imposed by the other state or district court of the
United States be credited on his Illinois sentence. Such
application for reduction of a sentence under this
subsection (f) shall be made within 30 days after the
defendant has completed the sentence imposed by the other
state or district court of the United States.
(Source: P.A. 88-301; 88-311; 88-433; 88-670, eff. 12-2-94;
89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)