Judiciary II - Criminal Law Committee

Filed: 2/11/2009

 

 


 

 


 
09600HB0224ham001 LRB096 04539 RLC 19347 a

1
AMENDMENT TO HOUSE BILL 224

2     AMENDMENT NO. ______. Amend House Bill 224 on page 1, line
3 5, by inserting ", 11-11," after "3-6"; and
 
4 on page 2, by replacing lines 13 through 19 with the following:
5     "(c) (Blank). Except as otherwise provided in subsection
6 (a) of Section 3-5 of this Code and subdivision (i) or (j) of
7 this Section, 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 and
 
13 on page 4, by replacing line 12 with the following:
14 "assault of a child, or aggravated criminal sexual abuse, or
15 felony criminal sexual abuse, or a"; and
 

 

 

09600HB0224ham001 - 2 - LRB096 04539 RLC 19347 a

1 on page 4, line 17, by inserting after the period the
2 following:
3 "When the victim is under 18 years of age at the time of the
4 offense, a prosecution for misdemeanor criminal sexual abuse
5 may be commenced within 10 years after the child victim attains
6 18 years of age."; and
 
7 on page 5, by inserting immediately below line 2 the following:
 
8     "(720 ILCS 5/11-11)  (from Ch. 38, par. 11-11)
9     Sec. 11-11. Sexual Relations Within Families.
10     (a) A person commits sexual relations within families if he
11 or she:
12         (1) Commits an act of sexual penetration as defined in
13     Section 12-12 of this Code; and
14         (2) The person knows that he or she is related to the
15     other person as follows: (i) Brother or sister, either of
16     the whole blood or the half blood; or (ii) Father or
17     mother, when the child, regardless of legitimacy and
18     regardless of whether the child was of the whole blood or
19     half-blood or was adopted, was 18 years of age or over when
20     the act was committed; or (iii) Stepfather or stepmother,
21     when the stepchild was 18 years of age or over when the act
22     was committed; or (iv) Aunt or uncle, when the niece or
23     nephew was 18 years of age or over when the act was
24     committed; or (v) Great-aunt or great-uncle, when the

 

 

09600HB0224ham001 - 3 - LRB096 04539 RLC 19347 a

1     grand-niece or grand-nephew was 18 years of age or over
2     when the act was committed; or (vi) Grandparent or
3     step-grandparent, when the grandchild or step-grandchild
4     was 18 years of age or over when the act was committed.
5     (b) Sentence. Sexual relations within families is a Class 3
6 felony.
7 (Source: P.A. 84-1280.)"; and
 
8 on page 5, by replacing lines 14 through 18 with the following:
9     "(c) "Family member" means a parent, grandparent, or child,
10 aunt, uncle, great-aunt, or great-uncle, whether by whole
11 blood, half-blood or adoption, and includes a
12 step-grandparent, step-parent, or step-child.".