Full Text of HB3506 99th General Assembly
HB3506 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3506 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/11-1.40 |
was 720 ILCS 5/12-14.1 | 720 ILCS 5/11-1.60 | was 720 ILCS 5/12-16 |
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Amends the Criminal Code of 2012. Increases the minimum penalty for predatory criminal sexual assault of a child from 6 years to 30 years. Provides that the penalty for aggravated criminal sexual abuse in which the accused is at least 17 years of age at the time of the offense and the victim under 17 years of age at the time of the offense is a Class X felony (currently, a Class 2 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 11-1.40 and 11-1.60 as follows:
| 6 | | (720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
| 7 | | Sec. 11-1.40. Predatory criminal sexual assault of a child.
| 8 | | (a) A person commits predatory criminal sexual assault of a | 9 | | child if that person is 17 years of age or older, and commits | 10 | | an act of contact, however slight, between the sex organ or | 11 | | anus of one person and the part of the body of another for the | 12 | | purpose of sexual gratification or arousal of the victim or the | 13 | | accused, or an act of sexual penetration, and: | 14 | | (1) the victim is under 13 years of age; or | 15 | | (2) the victim is under 13 years of age and that | 16 | | person: | 17 | | (A) is armed with a firearm; | 18 | | (B) personally discharges a firearm during the | 19 | | commission of the offense; | 20 | | (C) causes great bodily harm to the victim that: | 21 | | (i) results in permanent disability; or | 22 | | (ii) is life threatening; or | 23 | | (D) delivers (by injection, inhalation, ingestion, |
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| 1 | | transfer of possession, or any other means) any | 2 | | controlled substance to the victim without the | 3 | | victim's consent or by threat or deception, for other | 4 | | than medical purposes.
| 5 | | (b) Sentence.
| 6 | | (1) A person convicted of a violation of subsection | 7 | | (a)(1)
commits a Class X felony, for which the person shall | 8 | | be sentenced to a term of imprisonment of not less than 30 | 9 | | 6 years and not more than 60 years.
A person convicted of a | 10 | | violation of subsection (a)(2)(A) commits a Class X
felony | 11 | | for which 15 years shall be added to the term of | 12 | | imprisonment imposed by
the court. A person convicted of a | 13 | | violation of subsection (a)(2)(B) commits a
Class X felony | 14 | | for which 20 years shall be added to the term of | 15 | | imprisonment
imposed by the court. A person convicted of a | 16 | | violation of subsection (a)(2)(C)
commits a Class X felony | 17 | | for which the person shall be sentenced to a term of
| 18 | | imprisonment of not less than 50 years or up to a term of | 19 | | natural life
imprisonment.
| 20 | | (1.1) A person convicted of a violation of subsection | 21 | | (a)(2)(D) commits a
Class X felony for which the person
| 22 | | shall be
sentenced to a
term of imprisonment of not less | 23 | | than 50 years and not more than 60 years.
| 24 | | (1.2) A person convicted of predatory criminal sexual | 25 | | assault of a child
committed
against 2 or more persons | 26 | | regardless of whether the offenses occurred as the
result |
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| 1 | | of the same act or of several related or unrelated acts | 2 | | shall be
sentenced to a term of natural life imprisonment.
| 3 | | (2) A person who is convicted of a second or subsequent | 4 | | offense of
predatory criminal sexual assault of a child, or | 5 | | who is convicted of the
offense of
predatory criminal | 6 | | sexual assault of a child after having previously been
| 7 | | convicted of the offense of criminal sexual assault or the | 8 | | offense of
aggravated criminal sexual assault, or who is | 9 | | convicted of the offense of
predatory criminal sexual | 10 | | assault of a child after having previously been
convicted | 11 | | under the laws of this State
or any other state of an | 12 | | offense that is substantially equivalent to the
offense
of | 13 | | predatory criminal sexual assault of a child, the offense | 14 | | of aggravated
criminal sexual assault or the offense of | 15 | | criminal sexual assault, shall be
sentenced to a term of | 16 | | natural life imprisonment.
The commission of the second or | 17 | | subsequent offense is required to have been
after the | 18 | | initial conviction for this paragraph (2) to apply.
| 19 | | (Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; | 20 | | 98-903, eff. 8-15-14.)
| 21 | | (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
| 22 | | Sec. 11-1.60. Aggravated Criminal Sexual Abuse.
| 23 | | (a) A person commits aggravated criminal sexual abuse if | 24 | | that person commits criminal sexual abuse and any of the | 25 | | following aggravating circumstances exist (i) during the |
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| 1 | | commission of the offense or (ii) for purposes of paragraph | 2 | | (7), as part of the same course of conduct as the commission of | 3 | | the offense: | 4 | | (1) the person displays, threatens to use, or uses a | 5 | | dangerous weapon or any other object fashioned or used in a | 6 | | manner that leads the victim, under the circumstances, | 7 | | reasonably to believe that the object is a dangerous | 8 | | weapon; | 9 | | (2) the person causes bodily harm to the victim; | 10 | | (3) the victim is 60 years of age or older; | 11 | | (4) the victim is a physically handicapped person; | 12 | | (5) the person acts in a manner that threatens or | 13 | | endangers the life of the victim or any other person; | 14 | | (6) the person commits the criminal sexual abuse during | 15 | | the course of committing or attempting to commit any other | 16 | | felony; or | 17 | | (7) the person delivers (by injection, inhalation, | 18 | | ingestion, transfer of possession, or any other means) any | 19 | | controlled substance to the victim for other than medical | 20 | | purposes without the victim's consent or by threat or | 21 | | deception.
| 22 | | (b) A person commits aggravated criminal sexual abuse if | 23 | | that person
commits an act of sexual conduct with a victim who | 24 | | is under 18
years of age
and the person is a family member.
| 25 | | (c) A person commits aggravated criminal sexual abuse if:
| 26 | | (1) that person is 17 years of age or over and: (i) |
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| 1 | | commits an act of
sexual
conduct with a victim who is under | 2 | | 13 years of age; or
(ii) commits an act of sexual conduct | 3 | | with a victim who is at least 13
years of age but under 17 | 4 | | years of age and the
person uses force or threat of force | 5 | | to commit the act; or
| 6 | | (2) that person is under 17 years of age and: (i) | 7 | | commits an act of
sexual conduct with a victim who is under | 8 | | 9 years of age; or (ii) commits an act of sexual conduct | 9 | | with a victim who is
at least 9 years of age but under 17 | 10 | | years of age and the person uses force or threat of force | 11 | | to commit the act.
| 12 | | (d) A person commits aggravated criminal sexual abuse if | 13 | | that person
commits an act of sexual penetration or sexual | 14 | | conduct with a victim
who is at least 13
years of age but under | 15 | | 17 years of age and the person is at least 5 years
older than | 16 | | the victim.
| 17 | | (e) A person commits aggravated criminal sexual abuse if | 18 | | that person
commits an act of sexual conduct with a victim who | 19 | | is a
severely or profoundly intellectually disabled person.
| 20 | | (f) A person commits aggravated criminal sexual abuse if
| 21 | | that person commits an act of sexual conduct with a victim who | 22 | | is at least
13 years of age but under 18 years of age and
the | 23 | | person is 17 years of age or over and holds a position of | 24 | | trust,
authority, or supervision in relation to the victim.
| 25 | | (g) Sentence. Aggravated criminal sexual abuse is a Class 2 | 26 | | felony , except that if the accused is at least 17 years of age |
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| 1 | | at the time of the offense and the victim is under 17 years of | 2 | | age at the time of the offense, aggravated criminal sexual | 3 | | abuse is a Class X felony .
| 4 | | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. | 5 | | 1-1-12; 97-1109, eff. 1-1-13.)
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