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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB2767
Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - Robert S. Molaro SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-13 |
from Ch. 38, par. 12-13 |
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Amends the Criminal Code of 1961. Makes a technical change in a section concerning criminal
sexual assault.
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A BILL FOR
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HB2767 |
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LRB095 07994 RLC 28156 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 12-13 as follows:
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| (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
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| Sec. 12-13. Criminal Sexual Assault.
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| (a) The
The accused commits criminal sexual assault if he |
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| or she:
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| (1) commits an act of sexual penetration by the use of |
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| force or threat of
force; or
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| (2) commits an act of sexual penetration and the |
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| accused knew that the
victim was unable to understand the |
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| nature of the act or was unable to give
knowing consent; or
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| (3) commits an act of sexual penetration with a victim |
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| who was under 18
years of age when the act was committed |
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| and the accused was a family
member; or
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| (4) commits an act of sexual penetration with a victim |
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| who was at
least 13 years of age but under 18 years of age |
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| when the act was committed
and the accused was 17 years of |
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| age or over and held a position of trust,
authority or |
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| supervision in relation to the victim.
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| (b) Sentence.
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HB2767 |
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LRB095 07994 RLC 28156 b |
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| (1) Criminal sexual assault is a Class 1 felony.
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| (2) A person who is convicted of the offense of |
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| criminal sexual assault as
defined in paragraph (a)(1) or |
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| (a)(2) after having previously been convicted of
the |
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| offense of criminal sexual assault, or who is convicted of |
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| the offense of
criminal sexual assault as defined in |
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| paragraph (a)(1) or (a)(2) after having
previously been |
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| convicted under the laws of this State or any other state |
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| of an
offense that is substantially equivalent to the |
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| offense of criminal sexual
assault, commits a Class X |
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| felony for which the person shall be sentenced to a
term of |
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| imprisonment of not less than 30 years and not more than 60 |
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| years. The
commission of the second or subsequent offense |
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| is required to have been after
the initial conviction for |
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| this paragraph (2) to apply.
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| (3) A person who is convicted of the offense of |
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| criminal sexual assault as
defined in paragraph (a)(1) or |
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| (a)(2) after having previously been convicted of
the |
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| offense of aggravated criminal sexual assault or the |
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| offense of predatory
criminal sexual assault of a child, or |
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| who is convicted of the offense of
criminal sexual assault |
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| as defined in paragraph (a)(1) or (a)(2) after having
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| previously been convicted under the laws of this State or |
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| any other state of an
offense that is substantially |
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| equivalent to the offense of aggravated criminal
sexual |
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| assault or the offense of criminal predatory sexual assault |
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HB2767 |
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LRB095 07994 RLC 28156 b |
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| shall be
sentenced to a term of natural life imprisonment. |
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| The commission of the second
or subsequent offense is |
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| required to have been after the initial conviction for
this |
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| paragraph (3) to apply.
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| (4) A second or subsequent conviction for a violation |
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| of paragraph
(a)(3) or (a)(4) or under any similar statute |
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| of this State
or any other state for any offense involving |
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| criminal sexual assault that is
substantially equivalent |
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| to or more serious than the sexual assault prohibited
under |
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| paragraph (a)(3) or (a)(4) is a Class X felony.
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| (5) When a person has any such prior conviction, the |
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| information or
indictment charging that person shall state |
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| such prior conviction so as to give
notice of the State's |
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| intention to treat the charge as a Class X felony. The
fact |
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| of such prior conviction is not an element of the offense |
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| and may not be
disclosed to the jury during trial unless |
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| otherwise permitted by issues
properly raised during such |
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| trial.
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| (Source: P.A. 90-396, eff. 1-1-98.)
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