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Judiciary II - Criminal Law Committee
Filed: 2/11/2009
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09600HB0224ham001 |
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LRB096 04539 RLC 19347 a |
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| AMENDMENT TO HOUSE BILL 224
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| AMENDMENT NO. ______. Amend House Bill 224 on page 1, line |
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| 5, by inserting ", 11-11," after "3-6"; and
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| on page 2, by replacing lines 13 through 19 with the following: |
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| "(c) (Blank). Except as otherwise provided in subsection |
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| (a) of Section 3-5 of this
Code and subdivision (i) or (j) of |
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| this
Section, a
prosecution for any offense involving sexual |
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| conduct or sexual
penetration, as defined in Section 12-12 of |
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| this Code, where the victim and
defendant are family members, |
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| as defined in Section 12-12 of this Code, may
be commenced |
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| within one year of the victim attaining the age of 18 years. "; |
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| and |
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| on page 4, by replacing line 12 with the following: |
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| "assault of a child, or aggravated criminal sexual abuse , or |
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| felony criminal sexual abuse, or a"; and
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09600HB0224ham001 |
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LRB096 04539 RLC 19347 a |
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| on page 4, line 17, by inserting after the period the |
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| following: |
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| " When the victim is under 18 years of age at the time of the |
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| offense, a
prosecution
for misdemeanor criminal sexual abuse |
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| may be
commenced within 10 years after the child victim attains |
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| 18
years of age. "; and |
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| on page 5, by inserting immediately below line 2 the following:
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| "(720 ILCS 5/11-11) (from Ch. 38, par. 11-11)
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| Sec. 11-11. Sexual Relations Within Families. |
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| (a) A
person commits sexual relations within families if he |
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| or she:
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| (1) Commits an act of sexual penetration as defined in |
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| Section 12-12
of this Code; and
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| (2) The person knows that he or she is related to the |
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| other person as follows:
(i) Brother or sister, either of |
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| the whole blood or the half blood;
or (ii) Father or |
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| mother, when the child, regardless of
legitimacy and |
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| regardless of whether the child was of the
whole blood or |
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| half-blood or was adopted, was
18 years of age or over when |
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| the act was committed; or (iii) Stepfather
or stepmother, |
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| when the stepchild was 18 years of age or over when the act
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| was committed ; or (iv) Aunt or uncle, when the niece or |
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| nephew was 18 years of age or over when the act
was |
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| committed; or (v) Great-aunt or great-uncle, when the |
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09600HB0224ham001 |
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LRB096 04539 RLC 19347 a |
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| grand-niece or grand-nephew was 18 years of age or over |
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| when the act
was committed; or (vi) Grandparent or |
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| step-grandparent, when the grandchild or step-grandchild |
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| was 18 years of age or over when the act was committed .
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| (b) Sentence. Sexual relations within families
is a Class 3 |
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| felony.
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| (Source: P.A. 84-1280.)"; and
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| on page 5, by replacing lines 14 through 18 with the following: |
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| "(c) "Family member" means a parent, grandparent, or child, |
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| aunt, uncle, great-aunt, or great-uncle, whether by whole |
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| blood, half-blood or adoption , and
includes a |
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| step-grandparent, step-parent , or step-child.".
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