96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1261


 
Introduced 2/18/2009, by Rep. Jack D. Franks
 
SYNOPSIS AS INTRODUCED:
 		







  



720 ILCS 5/12-13
  from Ch. 38, par. 12-13








    Amends the Criminal Code of 1961.  Makes a technical change in a Section concerning criminal
sexual assault.
















LRB096 10231 RLC 20399 b

















 


 


A BILL FOR









 











HB1261

LRB096 10231 RLC 20399 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 

 
4
    Section 5. The Criminal Code of 1961 is amended by changing 
5
Section 12-13 as follows:
 


6
    (720 ILCS 5/12-13)  (from Ch. 38, par. 12-13)



7
    Sec. 12-13. Criminal Sexual Assault. 

8
    (a)
The accused commits criminal sexual assault if he or 
9
she:

10
        (1) commits an act of sexual penetration by the use of 
11
    force or threat of
force; or


12
        (2) commits an act of sexual penetration and and the 
13
    accused knew that the
victim was unable to understand the 
14
    nature of the act or was unable to give
knowing consent; or


15
        (3) commits an act of sexual penetration with a victim 
16
    who was under 18
years of age when the act was committed 
17
    and the accused was a family
member; or


18
        (4) commits an act of sexual penetration with a victim 
19
    who was at
least 13 years of age but under 18 years of age 
20
    when the act was committed
and the accused was 17 years of 
21
    age or over and held a position of trust,
authority or 
22
    supervision in relation to the victim.

23
    (b) Sentence.  


 


 






HB1261
- 2 -
LRB096 10231 RLC 20399 b




1
        (1) Criminal sexual assault is a Class 1 felony.  


2
        (2) A person who is convicted of the offense of 
3
    criminal sexual assault as
defined in paragraph (a)(1) or 
4
    (a)(2) after having previously been convicted of
the 
5
    offense of criminal sexual assault or the offense of 
6
    exploitation of a child, or who is convicted of the offense 
7
    of
criminal sexual assault as defined in paragraph (a)(1) 
8
    or (a)(2) after having
previously been convicted under the 
9
    laws of this State or any other state of an
offense that is 
10
    substantially equivalent to the offense of criminal sexual

11
    assault or to the offense of exploitation of a child, 
12
    commits a Class X felony for which the person shall be 
13
    sentenced to a
term of imprisonment of not less than 30 
14
    years and not more than 60 years.  The
commission of the 
15
    second or subsequent offense is required to have been after

16
    the initial conviction for this paragraph (2) to apply.


17
        (3) A person who is convicted of the offense of 
18
    criminal sexual assault as
defined in paragraph (a)(1) or 
19
    (a)(2) after having previously been convicted of
the 
20
    offense of aggravated criminal sexual assault or the 
21
    offense of predatory
criminal sexual assault of a child, or 
22
    who is convicted of the offense of
criminal sexual assault 
23
    as defined in paragraph (a)(1) or (a)(2) after having

24
    previously been convicted under the laws of this State or 
25
    any other state of an
offense that is substantially 
26
    equivalent to the offense of aggravated criminal
sexual 
 


 






HB1261
- 3 -
LRB096 10231 RLC 20399 b




1
    assault or the offense of criminal predatory sexual assault 
2
    shall be
sentenced to a term of natural life imprisonment.  
3
    The commission of the second
or subsequent offense is 
4
    required to have been after the initial conviction for
this 
5
    paragraph (3) to apply.


6
        (4) A second or subsequent conviction for a violation 
7
    of paragraph
(a)(3) or (a)(4) or under any similar statute 
8
    of this State
or any other state for any offense involving 
9
    criminal sexual assault that is
substantially equivalent 
10
    to or more serious than the sexual assault prohibited
under 
11
    paragraph (a)(3) or (a)(4) is a Class X felony. 


12
        (5) When a person has any such prior conviction, the 
13
    information or
indictment charging that person shall state 
14
    such prior conviction so as to give
notice of the State's 
15
    intention to treat the charge as a Class X felony.  The
fact 
16
    of such prior conviction is not an element of the offense 
17
    and may not be
disclosed to the jury during trial unless 
18
    otherwise permitted by issues
properly raised during such 
19
    trial.

20
(Source: P.A. 95-640, eff. 6-1-08.)