96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5092


 
Introduced 1/29/2010, by Rep. Daniel V. Beiser
 
SYNOPSIS AS INTRODUCED:
 		





 








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








     Amends the Criminal Code of 1961.  Provides that aggravated criminal sexual assault when the accused delivered (by injection, inhalation, ingestion, transfer
of possession, or any other means) to the victim without his or her consent, or
by threat or deception, and for other than medical purposes, any controlled
substance is a Class X felony for which 10 years shall
be added to the term of imprisonment imposed by the court (rather than a Class X felony).  Provides that in addition to any other penalties imposed for aggravated criminal sexual assault, the court may add up to 25 years to the sentence if a sexually transmitted disease was transmitted from the accused to the victim during the commission of the offense.
  















LRB096 18950 RLC 34338 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB5092

LRB096 18950 RLC 34338 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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Section 12-14 as follows:
 



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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), or (6), or (7) of subsection 
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    (a) or in violation of
subsection (b) or
(c) is a Class X 
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    felony.
A violation of subsection (a)(1) or (a)(7) is a 
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    Class X felony for which 10 years shall
be added to the 
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    term of 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. In 
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    addition to any other penalties imposed for aggravated 
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    criminal sexual assault, the court may add up to 25 years 
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    to the sentence if a sexually transmitted disease was 
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    transmitted from the accused to the victim during the 
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    commission of the offense. 


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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

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    assault after having previously been convicted under the 
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    laws of this 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, the offense of aggravated criminal sexual assault 
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    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.)