96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2361


 
Introduced 2/19/2009, by Rep. Michael K. Smith
 
SYNOPSIS AS INTRODUCED:
 		








    



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


720 ILCS 5/12-14
  from Ch. 38, par. 12-14







    Amends the Criminal Code of 1961.   Provides that a person convicted of criminal sexual assault or aggravated criminal sexual assault
when the criminal sexual assault or aggravated criminal sexual assault was committed
against 2 or more persons who were under 18 years of age at the time of the commission of the offense regardless of whether the offenses occurred as the
result of the same act or of several related or unrelated acts shall be
sentenced to a term of natural life imprisonment.
















LRB096 10388 RLC 20558 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB2361

LRB096 10388 RLC 20558 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Sections 12-13 and 12-14 as follows:
 


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



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    Sec. 12-13. Criminal Sexual Assault. 

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


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


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


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


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

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    (b) Sentence.  


 


 






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

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        (1.1)  A person convicted of criminal sexual assault

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    committed
against 2 or more persons who were under 18 years 
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    of age at the time of the commission of the offense 
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    regardless of whether the offenses occurred as the
result 
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    of the same act or of several related or unrelated acts 
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    shall be
sentenced to a term of natural life imprisonment. 

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

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

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


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        (3) A person who is convicted of the offense of 
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    criminal sexual assault as
defined in paragraph (a)(1) or 
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    (a)(2) after having previously been convicted of
the 
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    offense of aggravated criminal sexual assault or the 
 


 






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    offense of predatory
criminal sexual assault of a child, or 
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    who is convicted of the offense of
criminal sexual assault 
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    as defined in paragraph (a)(1) or (a)(2) after having

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    previously been convicted under the laws of this State or 
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    any other state of an
offense that is substantially 
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    equivalent to the offense of aggravated criminal
sexual 
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    assault or the offense of criminal predatory sexual assault 
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    shall be
sentenced to a term of natural life imprisonment.  
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    The commission of the second
or subsequent offense is 
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    required to have been after the initial conviction for
this 
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    paragraph (3) to apply.


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


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

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

 



 


 






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    (720 ILCS 5/12-14)  (from Ch. 38, par. 12-14)



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    Sec. 12-14. Aggravated Criminal Sexual Assault. 

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    (a) The accused commits
aggravated criminal sexual assault 
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if he or she commits criminal sexual
assault and any of the 
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following aggravating circumstances existed during, or
for the 
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purposes of paragraph (7) of this subsection (a)
as part of the 
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same course of conduct as, the commission of the offense:


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        (1) the accused displayed, threatened to use, or used a 
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    dangerous
weapon, other than a firearm, or any object 
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    fashioned or utilized in such a
manner as to lead the 
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    victim under the circumstances reasonably to believe it
to 
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    be a dangerous weapon; or


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        (2) the accused caused bodily harm, except as provided 
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    in subsection
(a)(10), to the victim; or


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        (3) the accused acted in such a manner as to threaten 
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    or endanger the
life of the victim or any other person; or


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        (4) the criminal sexual assault was perpetrated during 
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    the course of
the commission or attempted commission of any 
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    other felony by the accused; or


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        (5) the victim was 60 years of age or over when the 
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    offense was committed;
or


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        (6) the victim was a physically handicapped person; or


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        (7) the accused delivered (by injection, inhalation, 
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    ingestion, transfer
of possession, or any other means) to 
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    the victim without his or her consent, or
by threat or 
 


 






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    deception, and for other than medical purposes, any 
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    controlled
substance; or


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        (8) the accused was armed with a firearm; or


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        (9) the accused personally discharged a firearm during 
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    the commission of
the offense; or


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        (10) the accused, during the commission of the offense, 
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    personally
discharged a firearm that proximately caused 
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    great bodily harm, permanent
disability, permanent 
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    disfigurement, or death to another person.

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    (b) The accused commits aggravated criminal sexual assault 
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if
the accused was under 17 years of age and (i) commits an act 
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of
sexual penetration with a victim who was under 9 years of 
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age when the act
was committed; or (ii) commits an act of 
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sexual penetration with a victim
who was at least 9 years of 
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age but under 13 years of age when the act was
committed and 
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the accused used force or threat of force to commit the act.

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    (c) The accused commits aggravated criminal sexual assault 
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if he or
she commits an act of sexual penetration with a victim 
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who was a severely or
profoundly mentally retarded person at 
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the
time the act was committed.

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    (d) Sentence.


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        (1) Aggravated criminal sexual assault in violation of 
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    paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) 
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    or in violation of
subsection (b) or
(c) is a Class X 
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    felony.
A violation of subsection (a)(1) is a Class X 
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    felony for which 10 years shall
be added to the term of 
 


 






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    imprisonment imposed by the court. A violation of

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    subsection (a)(8) is a Class X felony for which 15 years 
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    shall be added to the
term of imprisonment imposed by the 
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    court.  A violation of
subsection (a)(9) is a Class X felony 
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    for which 20 years shall be added to the
term of 
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    imprisonment imposed by the court. A violation of 
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    subsection (a)(10) is
a Class X felony for which 25 years 
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    or up to a term of natural life
imprisonment shall be added 
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    to
the term of imprisonment imposed by the court.

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        (1.1)  A person convicted of aggravated criminal sexual 
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    assault
committed
against 2 or more persons who were under 
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    18 years of age at the time of the commission of the 
13
    offense regardless of whether the offenses occurred as the

14
    result of the same act or of several related or unrelated 
15
    acts shall be
sentenced to a term of natural life 
16
    imprisonment. 

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        (2) A person who is convicted of a second or subsequent 
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    offense of
aggravated criminal sexual assault, or who is 
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    convicted of the offense of
aggravated
criminal sexual 
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    assault after having previously been convicted of the 
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    offense
of criminal sexual assault or the offense of 
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    predatory criminal sexual assault
of a child, or who is 
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    convicted of the offense of aggravated criminal sexual

24
    assault after having previously been convicted under the 
25
    laws of this or any
other state of an offense that is 
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    substantially equivalent to the offense of
criminal sexual

 


 






HB2361
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LRB096 10388 RLC 20558 b




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

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(Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502, 
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eff.
12-19-01; 92-721, eff. 1-1-03.)