|
|
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.".
|