Sen. Michael Noland
Filed: 5/10/2011
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 1263 




2    AMENDMENT NO. ______. Amend House Bill 1263 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Criminal Code of 1961 is amended  by 
5changing Section 11-1.20 as follows:
 


6    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)


7    (This Section may contain text from a Public Act with a 
8delayed effective date)

9    Sec. 11-1.20. Criminal Sexual Assault. 

10    (a) A person commits criminal sexual assault if that person 
11commits an act of sexual penetration and:
12        (1) uses force or threat of force;
13        (2) knows that the victim is unable to understand the 
14    nature of the act or is unable to give knowing consent;
15        (3) is a family member of the victim, and the victim is 
16    under 18 years of age; or
 
 
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1        (4) is 17 years of age or over and holds a position of 
2    trust, authority, or supervision in relation to the victim, 
3    and the victim is at least 13 years of age but under 18 
4    years of age.





5    (b) Sentence.  


6        (1) Criminal sexual assault is a Class 1 felony, except 
7    that:  


8            (A) (Blank). A person who is convicted of the 
9        offense of criminal sexual assault as
defined in 
10        paragraph (a)(1) or (a)(2) after having previously 
11        been convicted of
the offense of criminal sexual 
12        assault or the offense of exploitation of a child, or 
13        who is convicted of the offense of
criminal sexual 
14        assault as defined in paragraph (a)(1) or (a)(2) after 
15        having
previously been convicted under the laws of this 
16        State or any other state of an
offense that is 
17        substantially equivalent to the offense of criminal 
18        sexual
assault or to the offense of exploitation of a 
19        child, commits a Class X felony for which the person 
20        shall be sentenced to a
term of imprisonment of not 
21        less than 30 years and not more than 60 years.  The

22        commission of the second or subsequent offense is 
23        required to have been after
the initial conviction for 
24        this paragraph (A) to apply.


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

13        sentenced to a term of natural life imprisonment.  The 
14        commission of the second
or subsequent offense is 
15        required to have been after the initial conviction for

16        this paragraph (B) to apply.


17            (C) A second or subsequent conviction for a 
18        violation of paragraph
(a)(3) or (a)(4) or under any 
19        similar statute of this State
or any other state for 
20        any offense involving criminal sexual assault that is

21        substantially equivalent to or more serious than the 
22        sexual assault prohibited
under paragraph (a)(3) or 
23        (a)(4) is a Class X felony. 


24(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)".