Full Text of HB3663 100th General Assembly
HB3663 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3663 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/11-1.30 | was 720 ILCS 5/12-14 |
|
Amends the Criminal Code of 2012. Provides that a person also commits aggravated criminal sexual assault if
that person is 17 years of age or over and commits an act of
sexual penetration with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act. Provides that the penalty is a Class X felony.
|
| |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB3663 | | LRB100 08872 RLC 19015 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 2012 is amended by changing | 5 | | Section 11-1.30 as follows:
| 6 | | (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
| 7 | | Sec. 11-1.30. Aggravated Criminal Sexual Assault.
| 8 | | (a) A person commits aggravated criminal sexual assault if | 9 | | that person commits criminal sexual assault and any of the | 10 | | following aggravating circumstances exist during the | 11 | | commission of the offense or, for purposes of paragraph (7), | 12 | | occur as part of the same course of conduct as the commission | 13 | | of the offense: | 14 | | (1) the person displays, threatens to use, or uses a | 15 | | dangerous weapon, other than a firearm, or any other object | 16 | | fashioned or used in a manner that leads the victim, under | 17 | | the circumstances, reasonably to believe that the object is | 18 | | a dangerous weapon; | 19 | | (2) the person causes bodily harm to the victim, except | 20 | | as provided in paragraph (10); | 21 | | (3) the person acts in a manner that threatens or | 22 | | endangers the life of the victim or any other person; | 23 | | (4) the person commits the criminal sexual assault |
| | | HB3663 | - 2 - | LRB100 08872 RLC 19015 b |
|
| 1 | | during the course of committing or attempting to commit any | 2 | | other felony; | 3 | | (5) the victim is 60 years of age or older; | 4 | | (6) the victim is a person with a physical disability; | 5 | | (7) the person delivers (by injection, inhalation, | 6 | | ingestion, transfer of possession, or any other means) any | 7 | | controlled substance to the victim without the victim's | 8 | | consent or by threat or deception for other than medical | 9 | | purposes; | 10 | | (8) the person is armed with a firearm; | 11 | | (9) the person personally discharges a firearm during | 12 | | the commission of the offense; or | 13 | | (10) the person personally discharges a firearm during | 14 | | the commission of the offense, and that discharge | 15 | | proximately causes great bodily harm, permanent | 16 | | disability, permanent disfigurement, or death to another | 17 | | person.
| 18 | | (b) A person commits aggravated criminal sexual assault if
| 19 | | that person is under 17 years of age and: (i) commits an act of
| 20 | | sexual penetration with a victim who is under 9 years of age; | 21 | | or (ii) commits an act of sexual penetration with a victim
who | 22 | | is at least 9 years of age but under 13 years of age and the | 23 | | person uses force or threat of force to commit the act.
| 24 | | (b-5) A person commits aggravated criminal sexual assault | 25 | | if
that person is 17 years of age or over and commits an act of
| 26 | | sexual penetration with a victim who is at least 13 years of |
| | | HB3663 | - 3 - | LRB100 08872 RLC 19015 b |
|
| 1 | | age but under 17 years of age and the person uses force or | 2 | | threat of force to commit the act. | 3 | | (c) A person commits aggravated criminal sexual assault if | 4 | | that person commits an act of sexual penetration with a victim | 5 | | who is a person with a severe or profound intellectual | 6 | | disability.
| 7 | | (d) Sentence.
| 8 | | (1) Aggravated criminal sexual assault in violation of | 9 | | paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | 10 | | or in violation of
subsection (b) , (b-5), or
(c) is a Class | 11 | | X felony.
A violation of subsection (a)(1) is a Class X | 12 | | felony for which 10 years shall
be added to the term of | 13 | | imprisonment imposed by the court. A violation of
| 14 | | subsection (a)(8) is a Class X felony for which 15 years | 15 | | shall be added to the
term of imprisonment imposed by the | 16 | | court. A violation of
subsection (a)(9) is a Class X felony | 17 | | for which 20 years shall be added to the
term of | 18 | | imprisonment imposed by the court. A violation of | 19 | | subsection (a)(10) is
a Class X felony for which 25 years | 20 | | or up to a term of natural life
imprisonment shall be added | 21 | | to
the term of imprisonment imposed by the court. An | 22 | | offender under the age of 18 years at the time of the | 23 | | commission of aggravated criminal sexual assault in | 24 | | violation of paragraphs (1) through (10) of subsection (a) | 25 | | shall be sentenced under Section 5-4.5-105 of the Unified | 26 | | Code of Corrections.
|
| | | HB3663 | - 4 - | LRB100 08872 RLC 19015 b |
|
| 1 | | (2) A person who has attained the age of 18 years at | 2 | | the time of the commission of the offense and who is | 3 | | convicted of a second or subsequent offense of
aggravated | 4 | | criminal sexual assault, or who is convicted of the offense | 5 | | of
aggravated
criminal sexual assault after having | 6 | | previously been convicted of the offense
of criminal sexual | 7 | | assault or the offense of predatory criminal sexual assault
| 8 | | of a child, or who is convicted of the offense of | 9 | | aggravated criminal sexual
assault after having previously | 10 | | been convicted under the laws of this or any
other state of | 11 | | an offense that is substantially equivalent to the offense | 12 | | of
criminal sexual
assault, the offense of aggravated | 13 | | criminal sexual assault or the offense of
predatory | 14 | | criminal sexual assault of a child, shall be sentenced to a | 15 | | term of
natural life imprisonment.
The commission of the | 16 | | second or subsequent offense is required to have been
after | 17 | | the initial conviction for this paragraph (2) to apply. An | 18 | | offender under the age of 18 years at the time of the | 19 | | commission of the offense covered by this paragraph (2) | 20 | | shall be sentenced under Section 5-4.5-105 of the Unified | 21 | | Code of Corrections.
| 22 | | (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | 23 | | eff. 7-28-16.)
|
|