Full Text of SB0026 101st General Assembly
SB0026 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB0026 Introduced 1/9/2019, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/11-1.30 | was 720 ILCS 5/12-14 | 720 ILCS 5/11-1.50 | was 720 ILCS 5/12-15 |
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Amends the Criminal Code of 2012. Provides that a person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is at least 18 years of age but under 20 years of age if the act was committed against a victim who is a student attending classes at a public or private secondary school and the accused held a position of trust, authority, or supervision over the victim at the same school. Provides that this offense is a Class X felony. Provides that a person commits criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 18 years of age but under 20 years of age if the act was committed against a victim who is a student attending classes at a public or private secondary school and the accused held a position of trust, authority, or supervision in relation to the victim at the same school. Provides that this offense is a Class 4 felony.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 | | Sections 11-1.30 and 11-1.50 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 |
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| 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 | | (c) A person commits aggravated criminal sexual assault if | 25 | | that person commits an act of sexual penetration with a victim | 26 | | who is a person with a severe or profound intellectual |
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| 1 | | disability.
| 2 | | (c-5) A person commits aggravated criminal sexual assault | 3 | | if that person commits an act of sexual penetration with a | 4 | | victim who is at least 18 years of age but under 20 years of age | 5 | | if the act was committed against a victim who is a student | 6 | | attending classes at a public or private secondary school and | 7 | | the accused held a position of trust, authority, or supervision | 8 | | over the victim at the same school. | 9 | | (d) Sentence.
| 10 | | (1) Aggravated criminal sexual assault in violation of | 11 | | paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | 12 | | or in violation of
subsection (b) , or
(c) , or (c-5) is a | 13 | | Class X felony.
A violation of subsection (a)(1) is a Class | 14 | | X felony for which 10 years shall
be added to the term of | 15 | | imprisonment imposed by the court. A violation of
| 16 | | subsection (a)(8) is a Class X felony for which 15 years | 17 | | shall be added to the
term of imprisonment imposed by the | 18 | | court. A violation of
subsection (a)(9) is a Class X felony | 19 | | for which 20 years shall be added to the
term of | 20 | | imprisonment imposed by the court. A violation of | 21 | | subsection (a)(10) is
a Class X felony for which 25 years | 22 | | or up to a term of natural life
imprisonment shall be added | 23 | | to
the term of imprisonment imposed by the court. An | 24 | | offender under the age of 18 years at the time of the | 25 | | commission of aggravated criminal sexual assault in | 26 | | violation of paragraphs (1) through (10) of subsection (a) |
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| 1 | | shall be sentenced under Section 5-4.5-105 of the Unified | 2 | | Code of Corrections.
| 3 | | (2) A person who has attained the age of 18 years at | 4 | | the time of the commission of the offense and who is | 5 | | convicted of a second or subsequent offense of
aggravated | 6 | | criminal sexual assault, or who is convicted of the offense | 7 | | of
aggravated
criminal sexual assault after having | 8 | | previously been convicted of the offense
of criminal sexual | 9 | | assault or the offense of predatory criminal sexual assault
| 10 | | of a child, or who is convicted of the offense of | 11 | | aggravated criminal sexual
assault after having previously | 12 | | been convicted under the laws of this or any
other state of | 13 | | an offense that is substantially equivalent to the offense | 14 | | of
criminal sexual
assault, the offense of aggravated | 15 | | criminal sexual assault or the offense of
predatory | 16 | | criminal sexual assault of a child, shall be sentenced to a | 17 | | term of
natural life imprisonment.
The commission of the | 18 | | second or subsequent offense is required to have been
after | 19 | | the initial conviction for this paragraph (2) to apply. An | 20 | | offender under the age of 18 years at the time of the | 21 | | commission of the offense covered by this paragraph (2) | 22 | | shall be sentenced under Section 5-4.5-105 of the Unified | 23 | | Code of Corrections.
| 24 | | (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | 25 | | eff. 7-28-16.)
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| 1 | | (720 ILCS 5/11-1.50) (was 720 ILCS 5/12-15)
| 2 | | Sec. 11-1.50. Criminal sexual abuse.
| 3 | | (a) A person commits criminal sexual abuse if that person:
| 4 | | (1) commits an act of sexual conduct by the use of | 5 | | force or threat of
force; or
| 6 | | (2) commits an act of sexual conduct and knows that the | 7 | | victim is unable to understand the nature of the act or
is | 8 | | unable to give knowing consent.
| 9 | | (b) A person commits criminal sexual abuse if
that person | 10 | | is under 17 years of age and commits an act of sexual
| 11 | | penetration or sexual conduct with a victim who is at least 9 | 12 | | years of age
but under 17 years of age.
| 13 | | (c) A person commits criminal sexual abuse if that person | 14 | | commits an
act of sexual penetration or sexual conduct with a | 15 | | victim who is at least
13 years of age but under 17 years of age | 16 | | and the person is less than 5
years older than the victim.
| 17 | | (c-5) A person commits criminal sexual abuse if that person | 18 | | commits an act of sexual conduct with a victim who is at least | 19 | | 18 years of age but under 20 years of age if the act was | 20 | | committed against a victim who is a student attending classes | 21 | | at a public or private secondary school and the accused held a | 22 | | position of trust, authority, or supervision in relation to the | 23 | | victim at the same school. | 24 | | (d) Sentence. Criminal sexual abuse
for a violation of | 25 | | subsection (b) or
(c) of this Section
is a Class A misdemeanor.
| 26 | | Criminal sexual abuse for a violation of paragraph (1) or (2)
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| 1 | | of subsection (a) or subsection (c-5) of this Section is a | 2 | | Class 4 felony.
A second
or subsequent conviction
for a | 3 | | violation of subsection (a) of this Section is a Class 2 | 4 | | felony.
For purposes of this
Section it is a second or | 5 | | subsequent conviction if
the accused has at any
time been | 6 | | convicted under this Section or under any similar statute of | 7 | | this
State or any other state for any offense involving sexual | 8 | | abuse or sexual
assault that is substantially equivalent to or | 9 | | more serious than the sexual
abuse prohibited under this | 10 | | Section.
| 11 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
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