State of Illinois
91st General Assembly
Legislation

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91_SB0224

 
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 1        AN ACT in relation  to  sex  offenses  committed  against
 2    persons under 18 years of age.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Criminal Code  of  1961  is  amended  by
 6    changing Sections 3-6 and 12-14.1 as follows:

 7        (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
 8        Sec.  3-6.  Extended limitations. The period within which
 9    a prosecution must  be  commenced  under  the  provisions  of
10    Section 3-5 or other applicable statute is extended under the
11    following conditions:
12        (a)  A  prosecution  for  theft  involving  a breach of a
13    fiduciary obligation to the aggrieved person may be commenced
14    as follows:
15             (1)  If the aggrieved person is a minor or a  person
16        under legal disability, then during the minority or legal
17        disability  or  within  one  year  after  the termination
18        thereof.
19             (2)  In any other instance, within  one  year  after
20        the  discovery  of the offense by an aggrieved person, or
21        by a person  who  has  legal  capacity  to  represent  an
22        aggrieved  person  or  has  a  legal  duty  to report the
23        offense, and is not himself or herself  a  party  to  the
24        offense;  or in the absence of such discovery, within one
25        year after the proper prosecuting officer  becomes  aware
26        of the offense. However, in no such case is the period of
27        limitation  so  extended  more  than  3  years beyond the
28        expiration of the period otherwise applicable.
29        (b)  A prosecution for any offense based upon  misconduct
30    in  office  by  a public officer or employee may be commenced
31    within one year after discovery of the offense  by  a  person
 
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 1    having a legal duty to report such offense, or in the absence
 2    of   such   discovery,  within  one  year  after  the  proper
 3    prosecuting officer becomes aware of the offense. However, in
 4    no such case is the period of  limitation  so  extended  more
 5    than  3  years  beyond the expiration of the period otherwise
 6    applicable.
 7        (c)  A  prosecution  for  any  offense  involving  sexual
 8    conduct or sexual penetration, as defined in Section 12-12 of
 9    this Code, where the victim and defendant are family members,
10    as defined in Section 12-12 of this Code,  may  be  commenced
11    within one year of the victim attaining the age of 18 years.
12        (d)  A   prosecution   for  child  pornography,  indecent
13    solicitation  of  a  child,   soliciting   for   a   juvenile
14    prostitute,  juvenile  pimping or exploitation of a child may
15    be commenced within one year of the victim attaining the  age
16    of  18  years. However, in no such case shall the time period
17    for  prosecution  expire  sooner  than  3  years  after   the
18    commission of the offense.  When the victim is under 18 years
19    of age, a prosecution for criminal sexual assault, aggravated
20    criminal sexual assault, predatory criminal sexual assault of
21    a  child, criminal sexual abuse or aggravated criminal sexual
22    abuse  may  be  commenced  within  one  year  of  the  victim
23    attaining the age of 18 years.   However,  in  no  such  case
24    shall the time period for prosecution expire sooner than 10 3
25     years after the commission of the offense.
26        (e)  A  prosecution  for  any  offense  involving  sexual
27    conduct or sexual penetration, as defined in Section 12-12 of
28    this  Code,  where the defendant was within a professional or
29    fiduciary  relationship  or  a  purported   professional   or
30    fiduciary  relationship  with  the  victim at the time of the
31    commission of the offense may be commenced  within  one  year
32    after the discovery of the offense by the victim.
33        (f)  A  prosecution  for any offense set forth in Section
34    44 of the "Environmental Protection Act", approved  June  29,
 
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 1    1970,  as  amended, may be commenced within 5 years after the
 2    discovery of such an offense by a person or agency having the
 3    legal duty to report the offense or in the  absence  of  such
 4    discovery,  within  5  years  after  the  proper  prosecuting
 5    officer becomes aware of the offense.
 6        (g)  A  prosecution  for  attempt  to commit first degree
 7    murder may be commenced within 7 years  after  commission  of
 8    the offense.
 9        (h)  A   prosecution   for  criminal  sexual  assault  or
10    aggravated criminal sexual assault may be commenced within  5
11    years of the commission of the offense if the victim reported
12    the  offense  to  law enforcement authorities within 6 months
13    after  the  commission  of  the  offense.  Nothing  in   this
14    subdivision (h) shall be construed to shorten a period within
15    which  a  prosecution  must  be  commenced  under  any  other
16    provision of this Section.
17    (Source: P.A. 89-8, eff. 1-1-96; 89-354, eff. 1-1-96; 89-428,
18    eff. 12-13-95; 89-462, eff. 5-29-96.)

19        (720 ILCS 5/12-14.1)
20        Sec.  12-14.1.   Predatory  criminal  sexual assault of a
21    child.
22        (a)  The  accused  commits  predatory   criminal   sexual
23    assault of a child if:
24             (1)  the  accused  was  17  years of age or over and
25        commits an act of sexual penetration with  a  victim  who
26        was under 13 years of age when the act was committed; or
27             (2)  the  accused  was  17  years of age or over and
28        commits an act of sexual penetration with  a  victim  who
29        was  under 13 years of age when the act was committed and
30        the accused caused great bodily harm to the victim that:
31                  (A)  resulted in permanent disability; or
32                  (B)  was life threatening; or
33             (3)  the accused was 17 years of  age  or  over  and
 
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 1        commits  an  act  of sexual penetration with a victim who
 2        was under 13 years of age when the act was committed  and
 3        the   accused   delivered   (by   injection,  inhalation,
 4        ingestion, transfer of possession, or any other means) to
 5        the victim without his or her consent, or  by  threat  or
 6        deception,    and  for  other  than medical purposes, any
 7        controlled substance.
 8        (b)  Sentence.
 9             (1)  A person convicted of a violation of subsection
10        (a)(1) commits a Class X felony.
11             (1.1)  A  person  convicted  of   a   violation   of
12        subsection (a)(2) or (a) (3) commits a Class X felony for
13        which  the  person  shall  be  sentenced  to  a  term  of
14        imprisonment  of not less than 50 years and not more than
15        60 years.
16             (1.2)  A  person  convicted  of  predatory  criminal
17        sexual assault of a child committed  against  2  or  more
18        persons  regardless  of  whether the offenses occurred as
19        the result of the same  act  or  of  several  related  or
20        unrelated  acts  shall  be sentenced to a term of natural
21        life imprisonment.
22             (2)  A person  who  is  convicted  of  a  second  or
23        subsequent  offense  of predatory criminal sexual assault
24        of a child,  or  who  is  convicted  of  the  offense  of
25        predatory criminal sexual assault of a child after having
26        previously  been  convicted  of  the  offense of criminal
27        sexual assault or  the  offense  of  aggravated  criminal
28        sexual  assault,  or  who  is convicted of the offense of
29        predatory criminal sexual assault of a child after having
30        previously been convicted under the laws of this State or
31        any other state  of  an  offense  that  is  substantially
32        equivalent  to  the  offense of predatory criminal sexual
33        assault of a child, the offense  of  aggravated  criminal
34        sexual assault or the offense of criminal sexual assault,
 
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 1        shall   be   sentenced   to   a   term  of  natural  life
 2        imprisonment. The commission of the second or  subsequent
 3        offense  is  required  to  have  been  after  the initial
 4        conviction for this paragraph (2) to apply.
 5    (Source: P.A. 89-428, eff. 12-13-95;  89-462,  eff.  5-29-96;
 6    90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)

 7        Section  10.  The  Unified Code of Corrections is amended
 8    by changing Sections 5-8-1 and 5-8A-3 as follows:

 9        (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
10        Sec. 5-8-1. Sentence of Imprisonment for Felony.
11        (a)  Except as otherwise provided in the statute defining
12    the offense, a sentence of imprisonment for a felony shall be
13    a determinate sentence set by the court under  this  Section,
14    according to the following limitations:
15             (1)  for first degree murder,
16                  (a)  a term shall be not less than 20 years and
17             not more than 60 years, or
18                  (b)  if  the  court  finds  that the murder was
19             accompanied  by  exceptionally  brutal  or   heinous
20             behavior  indicative of wanton cruelty or, except as
21             set forth in subsection (a)(1)(c) of  this  Section,
22             that  any  of  the  aggravating  factors  listed  in
23             subsection  (b)  of Section 9-1 of the Criminal Code
24             of 1961 are present,  the  court  may  sentence  the
25             defendant to a term of natural life imprisonment, or
26                  (c)  the  court shall sentence the defendant to
27             a term of natural life imprisonment when  the  death
28             penalty is not imposed if the defendant,
29                       (i)  has   previously  been  convicted  of
30                  first degree murder under any state or  federal
31                  law, or
32                       (ii)  is  a person who, at the time of the
 
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 1                  commission of the murder, had attained the  age
 2                  of  17 or more and is found guilty of murdering
 3                  an  individual  under  12  years  of  age;  or,
 4                  irrespective of the defendant's age at the time
 5                  of the commission  of  the  offense,  is  found
 6                  guilty of murdering more than one victim, or
 7                       (iii)  is  found  guilty  of  murdering  a
 8                  peace officer or fireman when the peace officer
 9                  or   fireman   was  killed  in  the  course  of
10                  performing his official duties, or  to  prevent
11                  the  peace  officer  or fireman from performing
12                  his official duties, or in retaliation for  the
13                  peace   officer   or   fireman  performing  his
14                  official duties,  and  the  defendant  knew  or
15                  should  have known that the murdered individual
16                  was a peace officer or fireman, or
17                       (iv)  is  found  guilty  of  murdering  an
18                  employee of an institution or facility  of  the
19                  Department of Corrections, or any similar local
20                  correctional  agency,  when  the  employee  was
21                  killed in the course of performing his official
22                  duties,   or   to  prevent  the  employee  from
23                  performing   his   official   duties,   or   in
24                  retaliation for  the  employee  performing  his
25                  official duties, or
26                       (v)  is   found  guilty  of  murdering  an
27                  emergency  medical  technician   -   ambulance,
28                  emergency  medical  technician  - intermediate,
29                  emergency  medical  technician   -   paramedic,
30                  ambulance driver or other medical assistance or
31                  first   aid   person   while   employed   by  a
32                  municipality or other  governmental  unit  when
33                  the   person   was  killed  in  the  course  of
34                  performing official duties or  to  prevent  the
 
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 1                  person  from  performing  official duties or in
 2                  retaliation for performing official duties  and
 3                  the  defendant  knew  or should have known that
 4                  the  murdered  individual  was   an   emergency
 5                  medical   technician   -  ambulance,  emergency
 6                  medical technician  -  intermediate,  emergency
 7                  medical   technician   -  paramedic,  ambulance
 8                  driver, or other medical assistant or first aid
 9                  personnel, or
10                       (vi)  is a person who, at the time of  the
11                  commission  of the murder, had not attained the
12                  age of 17, and is found guilty of  murdering  a
13                  person  under 12 years of age and the murder is
14                  committed  during  the  course  of   aggravated
15                  criminal   sexual   assault,   criminal  sexual
16                  assault, or aggravated kidnaping, or
17                       (vii)  is found  guilty  of  first  degree
18                  murder  and  the murder was committed by reason
19                  of  any  person's  activity  as   a   community
20                  policing  volunteer  or  to  prevent any person
21                  from  engaging  in  activity  as  a   community
22                  policing  volunteer.    For the purpose of this
23                  Section, "community policing volunteer" has the
24                  meaning ascribed to it in Section 2-3.5 of  the
25                  Criminal Code of 1961.
26                  For  purposes of clause (v), "emergency medical
27             technician   -   ambulance",   "emergency    medical
28             technician   -   intermediate",  "emergency  medical
29             technician - paramedic", have the meanings  ascribed
30             to  them  in  the  Emergency  Medical Services (EMS)
31             Systems Act.
32             (1.5)  for second degree murder, a term shall be not
33        less than 4 years and not more than 20 years;
34             (2)  for a person adjudged a habitual criminal under
 
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 1        Article 33B of the Criminal Code of 1961, as amended, the
 2        sentence shall be a term of natural life imprisonment;
 3             (2.5)  for   a   person    convicted    under    the
 4        circumstances  described  in  paragraph (3) of subsection
 5        (b) of Section 12-13, paragraph (2) of subsection (d)  of
 6        Section  12-14,  paragraph  (1.2)  of  subsection  (b) of
 7        Section 12-14.1, or paragraph (2) of  subsection  (b)  of
 8        Section  12-14.1  of  the  Criminal  Code  of  1961,  the
 9        sentence shall be a term of natural life imprisonment;
10             (3)  except  as  otherwise  provided  in the statute
11        defining the offense, for a Class X felony, the  sentence
12        shall  be  not  less  than  6  years and not more than 30
13        years;
14             (4)  for a Class 1 felony, other than second  degree
15        murder,  the  sentence shall be not less than 4 years and
16        not more than 15 years;
17             (5)  for a Class 2 felony, the sentence shall be not
18        less than 3 years and not more than 7 years;
19             (6)  for a Class 3 felony, the sentence shall be not
20        less than 2 years and not more than 5 years;
21             (7)  for a Class 4 felony, the sentence shall be not
22        less than 1 year and not more than 3 years.
23        (b)  The sentencing judge in each felony conviction shall
24    set forth his reasons for imposing the particular sentence he
25    enters in the case, as provided  in  Section  5-4-1  of  this
26    Code.    Those   reasons   may   include  any  mitigating  or
27    aggravating factors specified in this Code, or  the  lack  of
28    any  such circumstances, as well as any other such factors as
29    the judge shall set forth on the record that  are  consistent
30    with  the  purposes  and  principles of sentencing set out in
31    this Code.
32        (c)  A motion to reduce a sentence may be  made,  or  the
33    court  may  reduce  a sentence without motion, within 30 days
34    after the sentence is imposed.  A  defendant's  challenge  to
 
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 1    the  correctness  of  a  sentence  or  to  any  aspect of the
 2    sentencing hearing shall be made by a  written  motion  filed
 3    within   30   days  following  the  imposition  of  sentence.
 4    However, the court may not increase a  sentence  once  it  is
 5    imposed.
 6        If  a  motion filed pursuant to this subsection is timely
 7    filed within 30 days  after  the  sentence  is  imposed,  the
 8    proponent  of  the  motion  shall  exercise  due diligence in
 9    seeking a determination on the motion  and  the  court  shall
10    thereafter decide such motion within a reasonable time.
11        If  a  motion filed pursuant to this subsection is timely
12    filed within 30 days after the sentence is imposed, then  for
13    purposes  of perfecting an appeal, a final judgment shall not
14    be considered to have been entered until the motion to reduce
15    a sentence has been decided by order  entered  by  the  trial
16    court.
17        A  motion  filed pursuant to this subsection shall not be
18    considered to have been timely filed unless it is filed  with
19    the  circuit court clerk within 30 days after the sentence is
20    imposed together with a notice of  motion,  which  notice  of
21    motion shall set the motion on the court's calendar on a date
22    certain within a reasonable time after the date of filing.
23        (d)  Except  where  a term of natural life is imposed and
24    except as provided in clauses (4) and (5) of this  subsection
25    (d), every sentence shall include as though written therein a
26    term  in  addition  to  the  term  of imprisonment. For those
27    sentenced under the law in effect prior to February 1,  1978,
28    such  term  shall  be identified as a parole term.  For those
29    sentenced on or after February 1, 1978, such  term  shall  be
30    identified  as  a mandatory supervised release term.  Subject
31    to earlier termination under Section  3-3-8,  the  parole  or
32    mandatory supervised release term shall be as follows:
33             (1)  for  first degree murder or a Class X felony, 3
34        years;
 
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 1             (2)  for a Class 1 felony or a  Class  2  felony,  2
 2        years;
 3             (3)  for  a  Class  3  felony or a Class 4 felony, 1
 4        year; .
 5             (4)  if the victim is under 18 years of  age  and  a
 6        term  of  natural  life  is  not imposed, for a second or
 7        subsequent  offense  of  criminal   sexual   assault   or
 8        aggravated  criminal sexual assault, 5 years, the first 2
 9        years of which the defendant shall serve in an electronic
10        home detention program under Article 8A of Chapter  V  of
11        this Code;
12             (5)  if  the  victim  is under 18 years of age and a
13        term of natural life is not  imposed,  for  a  second  or
14        subsequent offense of aggravated criminal sexual abuse or
15        felony  criminal sexual abuse, 4 years, the first 2 years
16        of which the defendant shall serve in an electronic  home
17        detention  program  under Article 8A of Chapter V of this
18        Code.
19        (e)  A  defendant  who  has  a  previous  and   unexpired
20    sentence  of  imprisonment imposed by another state or by any
21    district court of the United States and who,  after  sentence
22    for  a  crime in Illinois, must return to serve the unexpired
23    prior sentence may have his sentence by  the  Illinois  court
24    ordered to be concurrent with the prior sentence in the other
25    state.  The  court  may  order  that  any  time served on the
26    unexpired portion of the sentence in the other  state,  prior
27    to  his return to Illinois, shall be credited on his Illinois
28    sentence. The other state shall be furnished with a  copy  of
29    the  order  imposing  sentence which shall provide that, when
30    the offender is released from confinement of the other state,
31    whether by parole or by termination of sentence, the offender
32    shall be transferred by the Sheriff of the committing  county
33    to  the  Illinois  Department of Corrections. The court shall
34    cause the Department of Corrections to be  notified  of  such
 
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 1    sentence  at  the  time of commitment and to be provided with
 2    copies of all records regarding the sentence.
 3        (f)  A  defendant  who  has  a  previous  and   unexpired
 4    sentence of imprisonment imposed by an Illinois circuit court
 5    for  a  crime in this State and who is subsequently sentenced
 6    to a term of imprisonment by another state or by any district
 7    court of the United States and  who  has  served  a  term  of
 8    imprisonment  imposed by the other state or district court of
 9    the United States, and must  return to  serve  the  unexpired
10    prior  sentence  imposed  by  the  Illinois Circuit Court may
11    apply to  the  court  which  imposed  sentence  to  have  his
12    sentence reduced.
13        The  circuit  court may order that any time served on the
14    sentence imposed by the other state or district court of  the
15    United  States  be  credited  on  his Illinois sentence. Such
16    application  for   reduction  of  a   sentence   under   this
17    subsection  (f)  shall  be  made  within  30  days  after the
18    defendant has completed the sentence  imposed  by  the  other
19    state or district court of the United States.
20    (Source: P.A.  89-203,  eff.  7-21-95; 89-428, eff. 12-13-95;
21    89-462, eff.  5-29-96;  90-396,  eff.  1-1-98;  90-651,  eff.
22    1-1-99.)

23        (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
24        Sec. 5-8A-3. Application.
25        (a)  Except  as  provided  in  subsection  (d),  a person
26    charged with or convicted of an excluded offense may  not  be
27    placed  in  an  electronic home detention program, except for
28    bond pending trial or appeal or while on parole or  mandatory
29    supervised release.
30        (b)  A  person  serving  a sentence for a conviction of a
31    Class 1 felony, other than an excluded offense, may be placed
32    in an electronic home detention program for a period  not  to
33    exceed the last 90 days of incarceration.
 
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 1        (c)  A  person  serving  a sentence for a conviction of a
 2    Class X felony, other than an excluded offense, may be placed
 3    in an electronic home detention program for a period  not  to
 4    exceed  the  last 90 days of incarceration, provided that the
 5    person was sentenced on or after the effective date  of  this
 6    amendatory  Act  of  1993 and provided that the court has not
 7    prohibited the program  for  the  person  in  the  sentencing
 8    order.
 9        (d)  A  person  serving  a  sentence for conviction of an
10    offense other than for predatory criminal sexual assault of a
11    child, aggravated criminal sexual  assault,  criminal  sexual
12    assault, aggravated criminal sexual abuse, or felony criminal
13    sexual  abuse,  may be placed in an electronic home detention
14    program for a period not to exceed  the  last  12  months  of
15    incarceration,  provided  that  (i) the person is 55 years of
16    age or older;  (ii)  the  person  is  serving  a  determinate
17    sentence;  (iii)  the  person  has served at least 25% of the
18    sentenced prison term; and (iv) placement  in  an  electronic
19    home  detention  program  is  approved by the Prisoner Review
20    Board.
21        (e)  A person serving a  sentence  for  conviction  of  a
22    Class  2,  3  or  4  felony  offense which is not an excluded
23    offense may be placed in an electronic home detention program
24    pursuant to Department administrative directives.
25        (f)  Applications  for  electronic  home  detention   may
26    include the following:
27             (1)  pretrial or pre-adjudicatory detention;
28             (2)  probation;
29             (3)  conditional discharge;
30             (4)  periodic imprisonment;
31             (5)  parole or mandatory supervised release;
32             (6)  work release;
33             (7)  furlough or
34             (8)  post-trial incarceration.
 
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 1        (g)  A person convicted of an offense described in clause
 2    (4)  or  (5)  of subsection (d) of Section 5-8-1 of this Code
 3    shall be placed in an electronic home detention  program  for
 4    the  first  2  years  of  the  person's  mandatory supervised
 5    release term.
 6    (Source: P.A. 88-311; 89-428,  eff.  12-13-95;  89-462,  eff.
 7    5-29-96.)

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