Public Act 098-0370
 
HB0804 EnrolledLRB098 03641 RLC 33657 b



    AN ACT concerning criminal law.

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



 
    Section 5. The Criminal Code of 2012 is amended by changing 
Section 11-1.40 and by adding Section 11-9.1B as follows:
 



    (720 ILCS 5/11-1.40)
  (was 720 ILCS 5/12-14.1)

    Sec. 11-1.40. Predatory criminal sexual assault of a child. 

    (a) A person commits predatory criminal sexual assault of a 
child if that person commits an act of sexual penetration or an 
act of contact, however slight between the sex organ or anus of 
one person and the part of the body of another, and the 
accused , is 17 years of age or older, and:
        (1) the victim is under 13 years of age; or
        (2) the victim is under 13 years of age and that 
    person:
            (A) is armed with a firearm;
            (B) personally discharges a firearm during the 
        commission of the offense;
            (C) causes great bodily harm to the victim that:
                (i) results in permanent disability; or
                (ii) is life threatening; or
            (D) delivers (by injection, inhalation, ingestion, 
        transfer of possession, or any other means) any 
        controlled substance to the victim without the 
        victim's consent or by threat or deception, for other 
        than medical purposes.








    (b) Sentence.


        (1) A person convicted of a violation of subsection 
    (a)(1)
commits a Class X felony, for which the person shall 
    be sentenced to a term of imprisonment of not less than 6 
    years and not more than 60 years.
A person convicted of a 
    violation of subsection (a)(2)(A) commits a Class X
felony 
    for which 15 years shall be added to the term of 
    imprisonment imposed by
the court. A person convicted of a 
    violation of subsection (a)(2)(B) commits a
Class X felony 
    for which 20 years shall be added to the term of 
    imprisonment
imposed by the court.  A person convicted of a 
    violation of subsection (a)(2)(C)
commits a Class X felony 
    for which the person shall be sentenced to a term of

    imprisonment of not less than 50 years or up to a term of 
    natural life
imprisonment.


        (1.1) A person convicted of a violation of subsection 
    (a)(2)(D) 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.


        (1.2) A person convicted of predatory criminal sexual 
    assault of a child
committed
against 2 or more persons 
    regardless of whether the offenses occurred as the
result 
    of the same act or of several related or unrelated acts 
    shall be
sentenced to a term of natural life imprisonment.


        (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. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)
 
    (720 ILCS 5/11-9.1B new)
    Sec. 11-9.1B. Failure to report sexual abuse of a child.
    (a) For the purposes of this Section:
    "Child" means any person under the age of 13.
    "Sexual abuse" means any contact, however slight, between 
the sex organ or anus of the victim or the accused and an 
object or body part, including but not limited to, the sex 
organ, mouth, or anus of the victim or the accused, or any 
intrusion, however slight, of any part of the body of the 
victim or the accused or of any animal or object into the sex 
organ or anus of the victim or the accused, including, but not 
limited to, cunnilingus, fellatio, or anal penetration. 
Evidence of emission of semen is not required to prove sexual 
abuse.
    (b) A person over the age of 18 commits failure to report 
sexual abuse of a child when he or she  personally observes 
sexual abuse, as defined by this Section,  between a person who 
he or she knows is over the age of 18 and a person he or she 
knows is a child, and knowingly fails to report the sexual 
abuse to law enforcement.
    (c) This Section does not apply to a person who makes 
timely and reasonable efforts to stop the sexual abuse by 
reporting the sexual abuse in conformance with the Abused and 
Neglected Child Reporting Act or by reporting the sexual abuse 
or causing a report to be made, to medical or law enforcement 
authorities or anyone who is a mandated reporter under Section 
4 of the Abused and Neglected Child Reporting Act.
    (d) A person may not be charged with the offense of failure 
to report  sexual abuse of a child under this Section until the 
person who committed the offense is charged with criminal 
sexual assault, aggravated criminal sexual assault, predatory 
criminal sexual assault of a child, criminal sexual abuse, or 
aggravated criminal sexual abuse.
    (e) It is an affirmative defense to a charge of failure to 
report sexual abuse of a child under this Section that the 
person who personally observed the sexual abuse had a 
reasonable apprehension that timely action to stop the abuse 
would result in the imminent infliction of death, great bodily 
harm, permanent disfigurement, or permanent disability to that 
person or another in retaliation for reporting.
    (f) Sentence.  A person who commits failure to report sexual 
abuse of a child is guilty of a Class A misdemeanor for the 
first violation and a Class 4 felony for a second or subsequent 
violation.
    (g) Nothing in this Section shall be construed to allow 
prosecution of a person who personally observes the act of 
sexual abuse and assists with an investigation and any 
subsequent prosecution of the offender.