HB1397 EngrossedLRB103 26032 RLC 52387 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 11-0.1, 11-1.20, and 11-1.50 as follows:
 
6    (720 ILCS 5/11-0.1)
7    Sec. 11-0.1. Definitions. In this Article, unless the
8context clearly requires otherwise, the following terms are
9defined as indicated:
10    "Accused" means a person accused of an offense prohibited
11by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
12this Code or a person for whose conduct the accused is legally
13responsible under Article 5 of this Code.
14    "Adult obscenity or child pornography Internet site". See
15Section 11-23.
16    "Advance prostitution" means:
17        (1) Soliciting for a prostitute by performing any of
18    the following acts when acting other than as a prostitute
19    or a patron of a prostitute:
20            (A) Soliciting another for the purpose of
21        prostitution.
22            (B) Arranging or offering to arrange a meeting of
23        persons for the purpose of prostitution.

 

 

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1            (C) Directing another to a place knowing the
2        direction is for the purpose of prostitution.
3        (2) Keeping a place of prostitution by controlling or
4    exercising control over the use of any place that could
5    offer seclusion or shelter for the practice of
6    prostitution and performing any of the following acts when
7    acting other than as a prostitute or a patron of a
8    prostitute:
9            (A) Knowingly granting or permitting the use of
10        the place for the purpose of prostitution.
11            (B) Granting or permitting the use of the place
12        under circumstances from which he or she could
13        reasonably know that the place is used or is to be used
14        for purposes of prostitution.
15            (C) Permitting the continued use of the place
16        after becoming aware of facts or circumstances from
17        which he or she should reasonably know that the place
18        is being used for purposes of prostitution.
19    "Agency". See Section 11-9.5.
20    "Arranges". See Section 11-6.5.
21    "Bodily harm" means physical harm, and includes, but is
22not limited to, sexually transmitted disease, pregnancy, and
23impotence.
24    "Care and custody". See Section 11-9.5.
25    "Child care institution". See Section 11-9.3.
26    "Child pornography". See Section 11-20.1.

 

 

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1    "Child sex offender". See Section 11-9.3.
2    "Coercive control" means a direct or implied threat of
3danger, or retribution sufficient to coerce a reasonable
4person of ordinary susceptibilities to perform an act that
5otherwise would not have been performed, or acquiesce in an
6act to which one otherwise would not have submitted.
7    "Community agency". See Section 11-9.5.
8    "Conditional release". See Section 11-9.2.
9    "Consent" means a freely given agreement to the act of
10sexual penetration or sexual conduct in question. Lack of
11verbal or physical resistance or submission by the victim
12resulting from the use of force or threat of force by the
13accused shall not constitute consent. The manner of dress of
14the victim at the time of the offense shall not constitute
15consent.
16    "Custody". See Section 11-9.2.
17    "Day care center". See Section 11-9.3.
18    "Depict by computer". See Section 11-20.1.
19    "Depiction by computer". See Section 11-20.1.
20    "Disseminate". See Section 11-20.1.
21    "Distribute". See Section 11-21.
22    "Family member" means a parent, grandparent, child, aunt,
23uncle, great-aunt, or great-uncle, whether by whole blood,
24half-blood, or adoption, and includes a step-grandparent,
25step-parent, or step-child. "Family member" also means, if the
26victim is a child under 18 years of age, an accused who has

 

 

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1resided in the household with the child continuously for at
2least 6 months.
3    "Force or threat of force" means the use of force or
4violence or the threat of force or violence, including, but
5not limited to, the following situations:
6        (1) when the accused threatens to use force or
7    violence on the victim or on any other person, and the
8    victim under the circumstances reasonably believes that
9    the accused has the ability to execute that threat; or
10        (2) when the accused overcomes the victim by use of
11    superior strength or size, physical restraint, or physical
12    confinement.
13    "Harmful to minors". See Section 11-21.
14    "Loiter". See Section 9.3.
15    "Material". See Section 11-21.
16    "Minor". See Section 11-21.
17    "Nudity". See Section 11-21.
18    "Obscene". See Section 11-20.
19    "Part day child care facility". See Section 11-9.3.
20    "Penal system". See Section 11-9.2.
21    "Person responsible for the child's welfare". See Section
2211-9.1A.
23    "Person with a disability". See Section 11-9.5.
24    "Playground". See Section 11-9.3.
25    "Probation officer". See Section 11-9.2.
26    "Produce". See Section 11-20.1.

 

 

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1    "Profit from prostitution" means, when acting other than
2as a prostitute, to receive anything of value for personally
3rendered prostitution services or to receive anything of value
4from a prostitute, if the thing received is not for lawful
5consideration and the person knows it was earned in whole or in
6part from the practice of prostitution.
7    "Public park". See Section 11-9.3.
8    "Public place". See Section 11-30.
9    "Reproduce". See Section 11-20.1.
10    "Sado-masochistic abuse". See Section 11-21.
11    "School". See Section 11-9.3.
12    "School official". See Section 11-9.3.
13    "Sexual abuse". See Section 11-9.1A.
14    "Sexual act". See Section 11-9.1.
15    "Sexual conduct" means any knowing touching or fondling by
16the victim or the accused, either directly or through
17clothing, of the sex organs, anus, or breast of the victim or
18the accused, or any part of the body of a child under 13 years
19of age, or any transfer or transmission of semen by the accused
20upon any part of the clothed or unclothed body of the victim,
21for the purpose of sexual gratification or arousal of the
22victim or the accused.
23    "Sexual excitement". See Section 11-21.
24    "Sexual penetration" means any contact, however slight,
25between the sex organ or anus of one person and an object or
26the sex organ, mouth, or anus of another person, or any

 

 

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1intrusion, however slight, of any part of the body of one
2person or of any animal or object into the sex organ or anus of
3another person, including, but not limited to, cunnilingus,
4fellatio, or anal penetration. Evidence of emission of semen
5is not required to prove sexual penetration.
6    "Solicit". See Section 11-6.
7    "State-operated facility". See Section 11-9.5.
8    "Supervising officer". See Section 11-9.2.
9    "Surveillance agent". See Section 11-9.2.
10    "Treatment and detention facility". See Section 11-9.2.
11    "Unable to give knowing consent" includes when the accused
12administers any intoxicating or anesthetic substance, or any
13controlled substance causing the victim to become unconscious
14of the nature of the act and this condition was known, or
15reasonably should have been known by the accused. "Unable to
16give knowing consent" also includes when the victim has taken
17an intoxicating substance or any controlled substance causing
18the victim to become unconscious of the nature of the act, and
19this condition was known or reasonably should have been known
20by the accused, but the accused did not provide or administer
21the intoxicating substance. As used in this paragraph,
22"unconscious of the nature of the act" means incapable of
23resisting because the victim meets any one of the following
24conditions:
25        (1) was unconscious or asleep;
26        (2) was not aware, knowing, perceiving, or cognizant

 

 

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1    that the act occurred;
2        (3) was not aware, knowing, perceiving, or cognizant
3    of the essential characteristics of the act due to the
4    perpetrator's fraud in fact; or
5        (4) was not aware, knowing, perceiving, or cognizant
6    of the essential characteristics of the act due to the
7    perpetrator's fraudulent representation that the sexual
8    penetration served a professional purpose when it served
9    no professional purpose.
10    A victim is presumed "unable to give knowing consent" when
11the victim:
12        (1) is committed to the care and custody or
13    supervision of the Illinois Department of Corrections
14    (IDOC) and the accused is an employee or volunteer who is
15    not married to the victim who knows or reasonably should
16    know that the victim is committed to the care and custody
17    or supervision of such department;
18        (2) is committed to or placed with the Department of
19    Children and Family Services (DCFS) and in residential
20    care, and the accused employee is not married to the
21    victim, and knows or reasonably should know that the
22    victim is committed to or placed with DCFS and in
23    residential care;
24        (3) is a client or patient and the accused is a health
25    care provider or mental health care provider and the
26    sexual conduct or sexual penetration occurs during a

 

 

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1    treatment session, consultation, interview, or
2    examination;
3        (4) is a resident or inpatient of a residential
4    facility and the accused is an employee of the facility
5    who is not married to such resident or inpatient who
6    provides direct care services, case management services,
7    medical or other clinical services, habilitative services
8    or direct supervision of the residents in the facility in
9    which the resident resides; or an officer or other
10    employee, consultant, contractor or volunteer of the
11    residential facility, who knows or reasonably should know
12    that the person is a resident of such facility; or
13        (5) is detained or otherwise in the custody of a
14    police officer, peace officer, or other law enforcement
15    official who: (i) is detaining or maintaining custody of
16    such person; or (ii) knows, or reasonably should know,
17    that at the time of the offense, such person was detained
18    or in custody and the police officer, peace officer, or
19    other law enforcement official is not married to such
20    detainee.
21    "Victim" means a person alleging to have been subjected to
22an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
2311-1.50, or 11-1.60 of this Code.
24(Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23.)
 
25    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)

 

 

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1    Sec. 11-1.20. Criminal sexual assault.
2    (a) A person commits criminal sexual assault if that
3person commits an act of sexual penetration and:
4        (1) uses force or threat of force;
5        (2) knows that the victim is unable to understand the
6    nature of the act or is unable to give knowing consent;
7        (3) is a family member of the victim, and the victim is
8    under 18 years of age; or
9        (4) is 17 years of age or over and holds a position of
10    trust, authority, or supervision in relation to the
11    victim, and the victim is at least 13 years of age but
12    under 18 years of age; or
13        (5) uses coercive control.
14    (b) Sentence.
15        (1) Criminal sexual assault is a Class 1 felony,
16    except that:
17            (A) A person who is convicted of the offense of
18        criminal sexual assault as defined in paragraph (a)(1)
19        or (a)(2) after having previously been convicted of
20        the offense of criminal sexual assault or the offense
21        of exploitation of a child, or who is convicted of the
22        offense of criminal sexual assault as defined in
23        paragraph (a)(1) or (a)(2) after having previously
24        been convicted under the laws of this State or any
25        other state of an offense that is substantially
26        equivalent to the offense of criminal sexual assault

 

 

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1        or to the offense of exploitation of a child, commits a
2        Class X felony for which the person shall be sentenced
3        to a term of imprisonment of not less than 30 years and
4        not more than 60 years, except that if the person is
5        under the age of 18 years at the time of the offense,
6        he or she shall be sentenced under Section 5-4.5-105
7        of the Unified Code of Corrections. The commission of
8        the second or subsequent offense is required to have
9        been after the initial conviction for this paragraph
10        (A) to apply.
11            (B) A person who has attained the age of 18 years
12        at the time of the commission of the offense and who is
13        convicted of the offense of criminal sexual assault as
14        defined in paragraph (a)(1) or (a)(2) after having
15        previously been convicted of the offense of aggravated
16        criminal sexual assault or the offense of predatory
17        criminal sexual assault of a child, or who is
18        convicted of the offense of criminal sexual assault as
19        defined in paragraph (a)(1) or (a)(2) after having
20        previously been convicted under the laws of this State
21        or any other state of an offense that is substantially
22        equivalent to the offense of aggravated criminal
23        sexual assault or the offense of predatory criminal
24        sexual assault of a child shall be sentenced to a term
25        of natural life imprisonment. The commission of the
26        second or subsequent offense is required to have been

 

 

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1        after the initial conviction for this paragraph (B) to
2        apply. An offender under the age of 18 years at the
3        time of the commission of the offense covered by this
4        subparagraph (B) shall be sentenced under Section
5        5-4.5-105 of the Unified Code of Corrections.
6            (C) A second or subsequent conviction for a
7        violation of paragraph (a)(3) or (a)(4) or under any
8        similar statute of this State or any other state for
9        any offense involving criminal sexual assault that is
10        substantially equivalent to or more serious than the
11        sexual assault prohibited under paragraph (a)(3) or
12        (a)(4) is a Class X felony.
13(Source: P.A. 99-69, eff. 1-1-16.)
 
14    (720 ILCS 5/11-1.50)  (was 720 ILCS 5/12-15)
15    Sec. 11-1.50. Criminal sexual abuse.
16    (a) A person commits criminal sexual abuse if that person:
17        (1) commits an act of sexual conduct by the use of
18    force or threat of force; or
19        (2) commits an act of sexual conduct and knows that
20    the victim is unable to understand the nature of the act or
21    is unable to give knowing consent; or
22        (3) commits an act of sexual conduct by the use of
23    coercive control.
24    (b) A person commits criminal sexual abuse if that person
25is under 17 years of age and commits an act of sexual

 

 

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1penetration or sexual conduct with a victim who is at least 9
2years of age but under 17 years of age.
3    (c) A person commits criminal sexual abuse if that person
4commits an act of sexual penetration or sexual conduct with a
5victim who is at least 13 years of age but under 17 years of
6age and the person is less than 5 years older than the victim.
7    (d) Sentence. Criminal sexual abuse for a violation of
8subsection (b) or (c) of this Section is a Class A misdemeanor.
9Criminal sexual abuse for a violation of paragraph (1), or
10(2), or (3) of subsection (a) of this Section is a Class 4
11felony. A second or subsequent conviction for a violation of
12subsection (a) of this Section is a Class 2 felony. For
13purposes of this Section it is a second or subsequent
14conviction if the accused has at any time been convicted under
15this Section or under any similar statute of this State or any
16other state for any offense involving sexual abuse or sexual
17assault that is substantially equivalent to or more serious
18than the sexual abuse prohibited under this Section.
19(Source: P.A. 96-1551, eff. 7-1-11.)