97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5843

 

Introduced 2/16/2012, by Rep. Kent Gaffney - Dennis M. Reboletti - John D. Cavaletto - Mike Bost

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-1.20     was 720 ILCS 5/12-13
730 ILCS 5/5-8-1  from Ch. 38, par. 1005-8-1

    Amends the Criminal Code of 1961. Provides that a person who has been convicted of a second or subsequent offense for criminal sexual assault in which the penalty is not natural life imprisonment shall be sentenced to a term of imprisonment of not less than 25 years (unless the minimum sentence is greater than 25 years) and not exceeding natural life imprisonment. Amends the Unified Code of Corrections. Provides that the minimum mandatory supervised release term for defendants who commit a second or subsequent offense of criminal sexual assault on or after the effective date of the amendatory Act shall be the natural life of the defendant (rather than from 3 years to natural life).


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5843LRB097 19199 RLC 64441 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 1961 is amended by changing
5Section 11-1.20 as follows:
 
6    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)
7    Sec. 11-1.20. Criminal Sexual Assault.
8    (a) A person commits criminal sexual assault if that person
9commits an act of sexual penetration and:
10        (1) uses force or threat of force;
11        (2) knows that the victim is unable to understand the
12    nature of the act or is unable to give knowing consent;
13        (3) is a family member of the victim, and the victim is
14    under 18 years of age; or
15        (4) is 17 years of age or over and holds a position of
16    trust, authority, or supervision in relation to the victim,
17    and the victim is at least 13 years of age but under 18
18    years of age.
19    (b) Sentence.
20        (1) Criminal sexual assault is a Class 1 felony, except
21    that:
22            (A) A person who is convicted of the offense of
23        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 criminal sexual assault or the offense of
3        exploitation of a child, or who is convicted of the
4        offense of criminal sexual assault as defined in
5        paragraph (a)(1) or (a)(2) after having previously
6        been convicted under the laws of this State or any
7        other state of an offense that is substantially
8        equivalent to the offense of criminal sexual assault or
9        to the offense of exploitation of a child, commits a
10        Class X felony for which the person shall be sentenced
11        to a term of imprisonment of not less than 30 years and
12        not exceeding natural life imprisonment of not less
13        than 30 years and not more than 60 years. The
14        commission of the second or subsequent offense is
15        required to have been after the initial conviction for
16        this paragraph (A) to apply.
17            (B) 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 the
20        offense of aggravated criminal sexual assault or the
21        offense of predatory criminal sexual assault of a
22        child, or who is convicted of the offense of criminal
23        sexual assault as defined in paragraph (a)(1) or (a)(2)
24        after having previously been convicted under the laws
25        of this State or any other state of an offense that is
26        substantially equivalent to the offense of aggravated

 

 

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1        criminal sexual assault or the offense of predatory
2        criminal sexual assault of a child shall be sentenced
3        to a term of natural life imprisonment. The commission
4        of the second or subsequent offense is required to have
5        been after the initial conviction for this paragraph
6        (B) to apply.
7            (C) A person who is convicted for a A second or
8        subsequent offense conviction for a violation of
9        paragraph (a)(3) or (a)(4) or under any similar statute
10        of this State or any other state for any offense
11        involving criminal sexual assault that is
12        substantially equivalent to or more serious than the
13        sexual assault prohibited under paragraph (a)(3) or
14        (a)(4) shall be sentenced to a term of imprisonment of
15        not less than 25 years and not exceeding natural life
16        imprisonment is a Class X felony.
17(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)
 
18    Section 10. The Unified Code of Corrections is amended by
19changing Section 5-8-1 as follows:
 
20    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
21    Sec. 5-8-1. Natural life imprisonment; enhancements for
22use of a firearm; mandatory supervised release terms.
23    (a) Except as otherwise provided in the statute defining
24the offense or in Article 4.5 of Chapter V, a sentence of

 

 

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1imprisonment for a felony shall be a determinate sentence set
2by the court under this Section, according to the following
3limitations:
4        (1) for first degree murder,
5            (a) (blank),
6            (b) if a trier of fact finds beyond a reasonable
7        doubt that the murder was accompanied by exceptionally
8        brutal or heinous behavior indicative of wanton
9        cruelty or, except as set forth in subsection (a)(1)(c)
10        of this Section, that any of the aggravating factors
11        listed in subsection (b) or (b-5) of Section 9-1 of the
12        Criminal Code of 1961 are present, the court may
13        sentence the defendant to a term of natural life
14        imprisonment, or
15            (c) the court shall sentence the defendant to a
16        term of natural life imprisonment when the death
17        penalty is not imposed if the defendant,
18                (i) has previously been convicted of first
19            degree murder under any state or federal law, or
20                (ii) is a person who, at the time of the
21            commission of the murder, had attained the age of
22            17 or more and is found guilty of murdering an
23            individual under 12 years of age; or, irrespective
24            of the defendant's age at the time of the
25            commission of the offense, is found guilty of
26            murdering more than one victim, or

 

 

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1                (iii) is found guilty of murdering a peace
2            officer, fireman, or emergency management worker
3            when the peace officer, fireman, or emergency
4            management worker was killed in the course of
5            performing his official duties, or to prevent the
6            peace officer or fireman from performing his
7            official duties, or in retaliation for the peace
8            officer, fireman, or emergency management worker
9            from performing his official duties, and the
10            defendant knew or should have known that the
11            murdered individual was a peace officer, fireman,
12            or emergency management worker, or
13                (iv) is found guilty of murdering an employee
14            of an institution or facility of the Department of
15            Corrections, or any similar local correctional
16            agency, when the employee was killed in the course
17            of performing his official duties, or to prevent
18            the employee from performing his official duties,
19            or in retaliation for the employee performing his
20            official duties, or
21                (v) is found guilty of murdering an emergency
22            medical technician - ambulance, emergency medical
23            technician - intermediate, emergency medical
24            technician - paramedic, ambulance driver or other
25            medical assistance or first aid person while
26            employed by a municipality or other governmental

 

 

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1            unit when the person was killed in the course of
2            performing official duties or to prevent the
3            person from performing official duties or in
4            retaliation for performing official duties and the
5            defendant knew or should have known that the
6            murdered individual was an emergency medical
7            technician - ambulance, emergency medical
8            technician - intermediate, emergency medical
9            technician - paramedic, ambulance driver, or other
10            medical assistant or first aid personnel, or
11                (vi) is a person who, at the time of the
12            commission of the murder, had not attained the age
13            of 17, and is found guilty of murdering a person
14            under 12 years of age and the murder is committed
15            during the course of aggravated criminal sexual
16            assault, criminal sexual assault, or aggravated
17            kidnaping, or
18                (vii) is found guilty of first degree murder
19            and the murder was committed by reason of any
20            person's activity as a community policing
21            volunteer or to prevent any person from engaging in
22            activity as a community policing volunteer. For
23            the purpose of this Section, "community policing
24            volunteer" has the meaning ascribed to it in
25            Section 2-3.5 of the Criminal Code of 1961.
26            For purposes of clause (v), "emergency medical

 

 

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1        technician - ambulance", "emergency medical technician -
2         intermediate", "emergency medical technician -
3        paramedic", have the meanings ascribed to them in the
4        Emergency Medical Services (EMS) Systems Act.
5            (d) (i) if the person committed the offense while
6            armed with a firearm, 15 years shall be added to
7            the term of imprisonment imposed by the court;
8                (ii) if, during the commission of the offense,
9            the person personally discharged a firearm, 20
10            years shall be added to the term of imprisonment
11            imposed by the court;
12                (iii) if, during the commission of the
13            offense, the person personally discharged a
14            firearm that proximately caused great bodily harm,
15            permanent disability, permanent disfigurement, or
16            death to another person, 25 years or up to a term
17            of natural life shall be added to the term of
18            imprisonment imposed by the court.
19        (2) (blank);
20        (2.5) for a person convicted under the circumstances
21    described in subdivision (b)(1)(B) of Section 11-1.20 or
22    paragraph (3) of subsection (b) of Section 12-13,
23    subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
24    subsection (d) of Section 12-14, subdivision (b)(1.2) of
25    Section 11-1.40 or paragraph (1.2) of subsection (b) of
26    Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or

 

 

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1    paragraph (2) of subsection (b) of Section 12-14.1 of the
2    Criminal Code of 1961, the sentence shall be a term of
3    natural life imprisonment.
4    (b) (Blank).
5    (c) (Blank).
6    (d) Subject to earlier termination under Section 3-3-8, the
7parole or mandatory supervised release term shall be written as
8part of the sentencing order and shall be as follows:
9        (1) for first degree murder or a Class X felony except
10    for the offenses of predatory criminal sexual assault of a
11    child, aggravated criminal sexual assault, and criminal
12    sexual assault if committed on or after the effective date
13    of this amendatory Act of the 94th General Assembly and
14    except for the offense of aggravated child pornography
15    under Section 11-20.1B or 11-20.3 of the Criminal Code of
16    1961, if committed on or after January 1, 2009, 3 years;
17        (2) for a Class 1 felony or a Class 2 felony except for
18    the offense of criminal sexual assault if committed on or
19    after the effective date of this amendatory Act of the 94th
20    General Assembly and except for the offenses of manufacture
21    and dissemination of child pornography under clauses
22    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
23    of 1961, if committed on or after January 1, 2009, 2 years;
24        (3) for a Class 3 felony or a Class 4 felony, 1 year;
25        (4) for defendants who commit the offense of predatory
26    criminal sexual assault of a child, aggravated criminal

 

 

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1    sexual assault, or criminal sexual assault, on or after the
2    effective date of this amendatory Act of the 94th General
3    Assembly, or who commit the offense of aggravated child
4    pornography, manufacture of child pornography, or
5    dissemination of child pornography after January 1, 2009,
6    the term of mandatory supervised release shall range from a
7    minimum of 3 years to a maximum of the natural life of the
8    defendant;
9        (4.5) for defendants who commit a second or subsequent
10    offense of criminal sexual assault on or after the
11    effective date of this amendatory Act of the 97th General
12    Assembly, the term of mandatory supervised release shall be
13    the natural life of the defendant;
14        (5) if the victim is under 18 years of age, for a
15    second or subsequent offense of aggravated criminal sexual
16    abuse or felony criminal sexual abuse, 4 years, at least
17    the first 2 years of which the defendant shall serve in an
18    electronic home detention program under Article 8A of
19    Chapter V of this Code;
20        (6) for a felony domestic battery, aggravated domestic
21    battery, stalking, aggravated stalking, and a felony
22    violation of an order of protection, 4 years.
23    (e) (Blank).
24    (f) (Blank).
25(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
2696-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.

 

 

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17-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; revised
29-14-11.)