HB3252 103RD GENERAL ASSEMBLY

LRB103 29874 RLC 56284 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3252

Introduced 2/17/2023, by Rep. Robert "Bob" Rita

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12C-30

was 720 ILCS 5/33D-1

Amends the Criminal Code of 2012 concerning the offense of contributing to the criminal delinquency of a minor. Changes the definition of "delinquent minor" to be consistent with the Juvenile Court Act of 1987. Provides that the penalty for contributing to the criminal delinquency of a minor, if the offense committed is vehicular hijacking, is a Class X felony for which the person shall be sentenced to not less than 12 years imprisonment and not more than 60 years imprisonment. Provides that if the offense committed is aggravated vehicular hijacking, the penalty for contributing to the criminal delinquency of a minor is a Class X felony for which the person shall be sentenced to not less than 30 years imprisonment and not more than 60 years imprisonment.

A BILL FOR

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 12C-30 as follows:

(720 ILCS 5/12C-30) (was 720 ILCS 5/33D-1)

Sec. 12C-30. Contributing to the delinquency or criminal delinquency of a minor.

(a) Contributing to the delinquency of a minor. A person commits contributing to the delinquency of a minor when he or she knowingly: (1) causes, aids, or encourages a minor to be or to become a delinquent minor; or (2) does acts which directly tend to render any minor so delinquent.

(b) Contributing to the criminal delinquency of a minor. A person of the age of 21 years and upwards commits contributing to the criminal delinquency of a minor when he or she, with the intent to promote or facilitate the commission of an offense solicits, compels or directs a minor in the commission of the offense that is either: (i) a felony when the minor is under the age of 17 years; or (ii) a misdemeanor when the minor is under the age of 18 years.

(c) "Delinquent minor" has the meaning ascribed to it in Section 5-105 of the Juvenile Court Act of 1987 means any minor who prior to his or her 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance, and any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance classified as a misdemeanor offense.

(d) Sentence.

(1) A violation of subsection (a) is a Class A misdemeanor.

(2) A violation of subsection (b) is:

(i) a Class C misdemeanor if the offense committed is a petty offense or a business offense;

(ii) a Class B misdemeanor if the offense committed is a Class C misdemeanor;

(iii) a Class A misdemeanor if the offense committed is a Class B misdemeanor;

(iv) a Class 4 felony if the offense committed is a Class A misdemeanor;

(v) a Class 3 felony if the offense committed is a Class 4 felony;

(vi) a Class 2 felony if the offense committed is a Class 3 felony;

(vii) a Class 1 felony if the offense committed is a Class 2 felony; and

(viii) a Class X felony if the offense committed is a Class 1 felony or a Class X felony; except that if the offense committed is vehicular hijacking, the penalty for contributing to the criminal delinquency of a minor is a Class X felony for which the person shall be sentenced to not less than 12 years imprisonment and not more than 60 years imprisonment. If the offense committed is aggravated vehicular hijacking, the penalty for contributing to the criminal delinquency of a minor is a Class X felony for which the person shall be sentenced to not less than 30 years imprisonment and not more than 60 years imprisonment.

(3) A violation of subsection (b) incurs the same penalty as first degree murder if the committed offense is first degree murder.

(e) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.

(Source: P.A. 97-1109, eff. 1-1-13.)