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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||
5 | Section 12-13 as follows:
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6 | (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
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7 | Sec. 12-13. Criminal Sexual Assault.
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8 | (a) The accused commits criminal sexual assault if he or | ||||||||||||||||||||||||||
9 | she:
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10 | (1) commits an act of sexual penetration by the use of | ||||||||||||||||||||||||||
11 | force or threat of
force; or
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12 | (2) commits an act of sexual penetration 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
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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
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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.
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23 | (b) Sentence.
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1 | (1) Criminal sexual assault is a Class 1 felony.
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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
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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 exceeding natural life imprisonment of not | ||||||
15 | less than 30 years and not more than 60 years . The
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16 | commission of the second or subsequent offense is required | ||||||
17 | to have been after
the initial conviction for this | ||||||
18 | paragraph (2) to apply.
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19 | (3) A person who is convicted of the offense of | ||||||
20 | criminal sexual assault as
defined in paragraph (a)(1) or | ||||||
21 | (a)(2) after having previously been convicted of
the | ||||||
22 | offense of aggravated criminal sexual assault or the | ||||||
23 | offense of predatory
criminal sexual assault of a child, or | ||||||
24 | who is convicted of the offense of
criminal sexual assault | ||||||
25 | as defined in paragraph (a)(1) or (a)(2) after having
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26 | previously been convicted under the laws of this State or |
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1 | any other state of an
offense that is substantially | ||||||
2 | equivalent to the offense of aggravated criminal
sexual | ||||||
3 | assault or the offense of criminal predatory sexual assault | ||||||
4 | shall be
sentenced to a term of natural life imprisonment. | ||||||
5 | The commission of the second
or subsequent offense is | ||||||
6 | required to have been after the initial conviction for
this | ||||||
7 | paragraph (3) to apply.
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8 | (4) A person who is convicted for a A second or | ||||||
9 | subsequent offense conviction for a violation of paragraph
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10 | (a)(3) or (a)(4) or under any similar statute of this State
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11 | or any other state for any offense involving criminal | ||||||
12 | sexual assault that is
substantially equivalent to or more | ||||||
13 | serious than the sexual assault prohibited
under paragraph | ||||||
14 | (a)(3) or (a)(4) shall be sentenced to a term of | ||||||
15 | imprisonment of not less than 25 years and not exceeding | ||||||
16 | natural life imprisonment is a Class X felony .
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17 | (5) (Blank). When a person has any such prior | ||||||
18 | conviction, the information or
indictment charging that | ||||||
19 | person shall state such prior conviction so as to give
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20 | notice of the State's intention to treat the charge as a | ||||||
21 | Class X felony. The
fact of such prior conviction is not an | ||||||
22 | element of the offense and may not be
disclosed to the jury | ||||||
23 | during trial unless otherwise permitted by issues
properly | ||||||
24 | raised during such trial.
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25 | (Source: P.A. 95-640, eff. 6-1-08 .)
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1 | Section 10. The Unified Code of Corrections is amended by | ||||||
2 | changing Section 5-8-1 as follows:
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3 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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4 | Sec. 5-8-1. Natural life imprisonment; mandatory | ||||||
5 | supervised release.
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6 | (a) Except as otherwise provided in the statute defining | ||||||
7 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
8 | imprisonment for a felony shall be a determinate sentence set | ||||||
9 | by
the court under this Section, according to the following | ||||||
10 | limitations:
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11 | (1) for first degree murder,
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12 | (a) (blank),
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13 | (b) if a trier of fact finds beyond a reasonable
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14 | doubt that the murder was accompanied by exceptionally
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15 | brutal or heinous behavior indicative of wanton | ||||||
16 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
17 | of this Section, that any of the aggravating factors
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18 | listed in subsection (b) of Section 9-1 of the Criminal | ||||||
19 | Code of 1961 are
present, the court may sentence the | ||||||
20 | defendant to a term of natural life
imprisonment, or
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21 | (c) the court shall sentence the defendant to a | ||||||
22 | term of natural life
imprisonment when the death | ||||||
23 | penalty is not imposed if the defendant,
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24 | (i) has previously been convicted of first | ||||||
25 | degree murder under
any state or federal law, or
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1 | (ii) is a person who, at the time of the | ||||||
2 | commission of the murder,
had attained the age of | ||||||
3 | 17 or more and is found guilty of murdering an
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4 | individual under 12 years of age; or, irrespective | ||||||
5 | of the defendant's age at
the time of the | ||||||
6 | commission of the offense, is found guilty of | ||||||
7 | murdering more
than one victim, or
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8 | (iii) is found guilty of murdering a peace | ||||||
9 | officer, fireman, or emergency management worker | ||||||
10 | when
the peace officer, fireman, or emergency | ||||||
11 | management worker was killed in the course of | ||||||
12 | performing his
official duties, or to prevent the | ||||||
13 | peace officer or fireman from
performing his | ||||||
14 | official duties, or in retaliation for the peace | ||||||
15 | officer,
fireman, or emergency management worker | ||||||
16 | from performing his official duties, and the | ||||||
17 | defendant knew or should
have known that the | ||||||
18 | murdered individual was a peace officer, fireman, | ||||||
19 | or emergency management worker, or
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20 | (iv) is found guilty of murdering an employee | ||||||
21 | of an institution or
facility of the Department of | ||||||
22 | Corrections, or any similar local
correctional | ||||||
23 | agency, when the employee was killed in the course | ||||||
24 | of
performing his official duties, or to prevent | ||||||
25 | the employee from performing
his official duties, | ||||||
26 | or in retaliation for the employee performing his
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1 | official duties, or
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2 | (v) is found guilty of murdering an emergency | ||||||
3 | medical
technician - ambulance, emergency medical | ||||||
4 | technician - intermediate, emergency
medical | ||||||
5 | technician - paramedic, ambulance driver or other | ||||||
6 | medical assistance or
first aid person while | ||||||
7 | employed by a municipality or other governmental | ||||||
8 | unit
when the person was killed in the course of | ||||||
9 | performing official duties or
to prevent the | ||||||
10 | person from performing official duties or in | ||||||
11 | retaliation
for performing official duties and the | ||||||
12 | defendant knew or should have known
that the | ||||||
13 | murdered individual was an emergency medical | ||||||
14 | technician - ambulance,
emergency medical | ||||||
15 | technician - intermediate, emergency medical
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16 | technician - paramedic, ambulance driver, or other | ||||||
17 | medical
assistant or first aid personnel, or
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18 | (vi) is a person who, at the time of the | ||||||
19 | commission of the murder,
had not attained the age | ||||||
20 | of 17, and is found guilty of murdering a person | ||||||
21 | under
12 years of age and the murder is committed | ||||||
22 | during the course of aggravated
criminal sexual | ||||||
23 | assault, criminal sexual assault, or aggravated | ||||||
24 | kidnaping,
or
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25 | (vii) is found guilty of first degree murder | ||||||
26 | and the murder was
committed by reason of any |
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1 | person's activity as a community policing | ||||||
2 | volunteer
or to prevent any person from engaging in | ||||||
3 | activity as a community policing
volunteer. For | ||||||
4 | the purpose of this Section, "community policing | ||||||
5 | volunteer"
has the meaning ascribed to it in | ||||||
6 | Section 2-3.5 of the Criminal Code of 1961.
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7 | For purposes of clause (v), "emergency medical | ||||||
8 | technician - ambulance",
"emergency medical technician - | ||||||
9 | intermediate", "emergency medical technician -
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10 | paramedic", have the meanings ascribed to them in the | ||||||
11 | Emergency Medical
Services (EMS) Systems Act.
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12 | (d) (i) if the person committed the offense while | ||||||
13 | armed with a
firearm, 15 years shall be added to | ||||||
14 | the term of imprisonment imposed by the
court;
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15 | (ii) if, during the commission of the offense, | ||||||
16 | the person
personally discharged a firearm, 20 | ||||||
17 | years shall be added to the term of
imprisonment | ||||||
18 | imposed by the court;
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19 | (iii) if, during the commission of the | ||||||
20 | offense, the person
personally discharged a | ||||||
21 | firearm that proximately caused great bodily harm,
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22 | permanent disability, permanent disfigurement, or | ||||||
23 | death to another person, 25
years or up to a term | ||||||
24 | of natural life shall be added to the term of
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25 | imprisonment imposed by the court.
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26 | (2) (blank);
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1 | (2.5) for a person convicted under the circumstances | ||||||
2 | described in
paragraph (3) of subsection (b) of Section | ||||||
3 | 12-13, paragraph (2) of subsection
(d) of Section 12-14, | ||||||
4 | paragraph (1.2) of subsection (b) of
Section 12-14.1, or | ||||||
5 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
6 | Criminal Code of 1961, the sentence shall be a term of | ||||||
7 | natural life
imprisonment.
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8 | (b) (Blank . ) .
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9 | (c) (Blank . ) .
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10 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
11 | parole or mandatory
supervised release term shall be as | ||||||
12 | follows:
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13 | (1) for first degree murder or a Class X felony except | ||||||
14 | for the offenses of predatory criminal sexual assault of a | ||||||
15 | child, aggravated criminal sexual assault, and criminal | ||||||
16 | sexual assault if committed on or after the effective date | ||||||
17 | of this amendatory Act of the 94th General Assembly and | ||||||
18 | except for the offense of aggravated child pornography | ||||||
19 | under Section 11-20.3 of the Criminal Code of 1961, if | ||||||
20 | committed on or after January 1, 2009, 3 years;
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21 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
22 | the offense of criminal sexual assault if committed on or | ||||||
23 | after the effective date of this amendatory Act of the 94th | ||||||
24 | General Assembly and except for the offenses of manufacture | ||||||
25 | and dissemination of child pornography under clauses | ||||||
26 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code |
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1 | of 1961, if committed on or after January 1, 2009, 2 years;
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2 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
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3 | (4) for defendants who commit the offense of predatory | ||||||
4 | criminal sexual assault of a child, aggravated criminal | ||||||
5 | sexual assault, or criminal sexual assault, on or after the | ||||||
6 | effective date of this amendatory Act of the 94th General | ||||||
7 | Assembly, or who commit the offense of aggravated child | ||||||
8 | pornography, manufacture of child pornography, or | ||||||
9 | dissemination of child pornography after January 1, 2009, | ||||||
10 | the term of mandatory supervised release shall range from a | ||||||
11 | minimum of 3 years to a maximum of the natural life of the | ||||||
12 | defendant;
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13 | (4.5) for defendants who commit a second or subsequent | ||||||
14 | offense of criminal sexual assault on or after the | ||||||
15 | effective date of this amendatory Act of the 96th General | ||||||
16 | Assembly, the term of mandatory supervised release shall be | ||||||
17 | the natural life of the defendant;
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18 | (5) if the victim is under 18 years of age, for a | ||||||
19 | second or subsequent
offense of aggravated criminal sexual | ||||||
20 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
21 | the first 2 years of which the defendant shall serve in an
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22 | electronic home detention program under Article 8A of | ||||||
23 | Chapter V of this Code;
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24 | (6) for a felony domestic battery, aggravated domestic | ||||||
25 | battery, stalking, aggravated stalking, and a felony | ||||||
26 | violation of an order of protection, 4 years. |
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1 | (e) (Blank . ) .
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2 | (f) (Blank . ) .
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3 | (Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; | ||||||
4 | 96-282, eff. 1-1-10; revised 9-4-09.)
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