Judiciary II - Criminal Law Committee
Filed: 2/11/2009
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1 | AMENDMENT TO HOUSE BILL 224
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2 | AMENDMENT NO. ______. Amend House Bill 224 on page 1, line | ||||||
3 | 5, by inserting ", 11-11," after "3-6"; and
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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
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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:
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8 | "(720 ILCS 5/11-11) (from Ch. 38, par. 11-11)
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9 | Sec. 11-11. Sexual Relations Within Families. | ||||||
10 | (a) A
person commits sexual relations within families if he | ||||||
11 | or she:
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12 | (1) Commits an act of sexual penetration as defined in | ||||||
13 | Section 12-12
of this Code; and
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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
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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 |
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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 .
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5 | (b) Sentence. Sexual relations within families
is a Class 3 | ||||||
6 | felony.
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7 | (Source: P.A. 84-1280.)"; and
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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.".
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