Full Text of HB1549 99th General Assembly
HB1549 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1549 Introduced 2/6/2015, by Rep. Scott Drury SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/11-1.30 | was 720 ILCS 5/12-14 |
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Amends the Criminal Code of 2012. Makes a technical change in a Section concerning aggravated criminal sexual assault.
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| | 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 | | 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 | | if 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 physically handicapped person; | 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 severely or
profoundly intellectually disabled person.
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| 1 | | (d) Sentence.
| 2 | | (1) Aggravated criminal sexual assault in violation of | 3 | | paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | 4 | | or in violation of
subsection (b) or
(c) is a Class X | 5 | | felony.
A violation of subsection (a)(1) is a Class X | 6 | | felony for which 10 years shall
be added to the term of | 7 | | imprisonment imposed by the court. A violation of
| 8 | | subsection (a)(8) is a Class X felony for which 15 years | 9 | | shall be added to the
term of imprisonment imposed by the | 10 | | court. A violation of
subsection (a)(9) is a Class X felony | 11 | | for which 20 years shall be added to the
term of | 12 | | imprisonment imposed by the court. A violation of | 13 | | subsection (a)(10) is
a Class X felony for which 25 years | 14 | | or up to a term of natural life
imprisonment shall be added | 15 | | to
the term of imprisonment imposed by the court.
| 16 | | (2) A person who is convicted of a second or subsequent | 17 | | offense of
aggravated criminal sexual assault, or who is | 18 | | convicted of the offense of
aggravated
criminal sexual | 19 | | assault after having previously been convicted of the | 20 | | offense
of criminal sexual assault or the offense of | 21 | | predatory criminal sexual assault
of a child, or who is | 22 | | convicted of the offense of aggravated criminal sexual
| 23 | | assault after having previously been convicted under the | 24 | | laws of this or any
other state of an offense that is | 25 | | substantially equivalent to the offense of
criminal sexual
| 26 | | assault, the offense of aggravated criminal sexual assault |
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| 1 | | or the offense of
predatory criminal sexual assault of a | 2 | | child, shall be sentenced to a term of
natural life | 3 | | imprisonment.
The commission of the second or subsequent | 4 | | offense is required to have been
after the initial | 5 | | conviction for this paragraph (2) to apply.
| 6 | | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. | 7 | | 1-1-12; 97-1109, eff. 1-1-13.)
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