093_HB0442

 
                                     LRB093 05150 RLC 05210 b

 1        AN ACT concerning criminal law.

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

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

 6        (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
 7        Sec. 12-13.  Criminal Sexual Assault.
 8        (a)  The accused commits criminal sexual assault if he or
 9    she:
10             (1)  commits an act of sexual penetration by the use
11        of force or threat of force; or
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;
15        or
16             (3)  commits an act of  sexual  penetration  with  a
17        victim  who  was  under  18 years of age when the act was
18        committed and the accused was a family member; or
19             (4)  commits an act of  sexual  penetration  with  a
20        victim  who  was  at  least  13 years of age but under 18
21        years of age when the act was committed and  the  accused
22        was 17 years of age or over and held a position of trust,
23        authority or supervision in relation to the victim.
24        (b)  Sentence.
25             (1) Criminal sexual assault is a Class 1 felony.
26             (2)  A  person  who  is  convicted of the offense of
27        criminal sexual assault as defined in paragraph (a)(1) or
28        (a)(2) after having  previously  been  convicted  of  the
29        offense  of  criminal sexual assault, or who is convicted
30        of the offense of criminal sexual assault as  defined  in
31        paragraph  (a)(1)  or (a)(2) after having previously been
 
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 1        convicted under the laws of this State or any other state
 2        of an offense that is  substantially  equivalent  to  the
 3        offense  of  criminal  sexual  assault, commits a Class X
 4        felony for which the person shall be sentenced to a  term
 5        of  imprisonment  of  not less than 30 years and not more
 6        than  60  years.   The  commission  of  the   second   or
 7        subsequent  offense  is  required  to have been after the
 8        initial conviction for this paragraph (2) to apply.
 9             (3)  A person who is convicted  of  the  offense  of
10        criminal sexual assault as defined in paragraph (a)(1) or
11        (a)(2)  after  having  previously  been  convicted of the
12        offense of aggravated  criminal  sexual  assault  or  the
13        offense  of predatory criminal sexual assault of a child,
14        or who is convicted of the  offense  of  criminal  sexual
15        assault  as  defined  in paragraph (a)(1) or (a)(2) after
16        having previously been convicted under the laws  of  this
17        State   or   any  other  state  of  an  offense  that  is
18        substantially equivalent to  the  offense  of  aggravated
19        criminal  sexual  assault  or  the  offense  of  criminal
20        predatory  sexual assault shall be sentenced to a term of
21        natural life imprisonment.  The commission of the  second
22        or  subsequent offense is required to have been after the
23        initial conviction for this paragraph (3) to apply.
24             (4)  A  second  or  subsequent  conviction   for   a
25        violation  of  paragraph  (a)(3)  or  (a)(4) or under any
26        similar statute of this State or any other state for  any
27        offense   involving   criminal  sexual  assault  that  is
28        substantially equivalent to  or  more  serious  than  the
29        sexual  assault  prohibited  under  paragraph  (a)(3)  or
30        (a)(4) is a Class X felony.
31             (5)  When  a  person  has any such prior conviction,
32        the information or indictment charging that person  shall
33        state  such  prior conviction so as to give notice of the
34        State's intention to  treat  the  charge  as  a  Class  X
 
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 1        felony.   The  fact  of  such  prior conviction is not an
 2        element of the offense and may not be  disclosed  to  the
 3        jury  during  trial  unless otherwise permitted by issues
 4        properly raised during the such trial.
 5    (Source: P.A. 90-396, eff. 1-1-98.)