SB2049 95TH GENERAL ASSEMBLY

LRB095 15209 RLC 41189 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2049

Introduced 2/7/2008, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-16

from Ch. 38, par. 12-16

Amends the Criminal Code of 1961. Provides that a person who is convicted of a second or subsequent offense of aggravated criminal sexual abuse, or who is convicted of the offense of aggravated criminal sexual abuse after having previously been convicted of the offense of criminal sexual abuse, or who is convicted of the offense of aggravated criminal sexual abuse 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 abuse or the offense of aggravated criminal sexual abuse, is guilty of a Class 1 felony. Provides that the commission of the second or subsequent offense is required to have been after the initial conviction for this provision to apply. Effective January 1, 2009.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

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 1961 is amended by changing Section 12-16 as follows:

(720 ILCS 5/12-16) (from Ch. 38, par. 12-16)

Sec. 12-16. Aggravated Criminal Sexual Abuse.

(a) The accused commits aggravated criminal sexual abuse if he or she commits criminal sexual abuse as defined in subsection (a) of Section 12-15 of this Code and any of the following aggravating circumstances existed during, or for the purposes of paragraph (7) of this subsection (a) as part of the same course of conduct as, 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 victim was 60 years of age or over when the offense was committed; or

(4) the victim was a physically handicapped person; or

(5) the accused acted in such a manner as to threaten or endanger the life of the victim or any other person; or

(6) the criminal sexual abuse was perpetrated during the course of the commission or attempted commission of any other felony by the accused; or

(7) the accused delivered (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.

(b) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who was under 18 years of age when the act was committed and the accused was a family member.

(c) The accused commits aggravated criminal sexual abuse if:

(1) the accused was 17 years of age or over and (i) commits an act of sexual conduct with a victim who was under 13 years of age when the act was committed; or (ii) commits an act of sexual conduct with a victim who was at least 13 years of age but under 17 years of age when the act was committed and the accused used force or threat of force to commit the act; or

(2) the accused was under 17 years of age and (i) commits an act of sexual conduct with a victim who was under 9 years of age when the act was committed; or (ii) commits an act of sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed and the accused used force or threat of force to commit the act.

(d) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was at least 5 years older than the victim.

(e) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who was a severely or profoundly mentally retarded person at the time the act was committed.

(f) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct 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.

(g) Sentence.

(1) Aggravated criminal sexual abuse is a Class 2 felony.

(2) A person who is convicted of a second or subsequent offense of aggravated criminal sexual abuse, or who is convicted of the offense of aggravated criminal sexual abuse after having previously been convicted of the offense of criminal sexual abuse, or who is convicted of the offense of aggravated criminal sexual abuse 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 abuse or the offense of aggravated criminal sexual abuse, is guilty of a Class 1 felony. 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. 92-434, eff. 1-1-02.)

Section 99. Effective date. This Act takes effect January 1, 2009.