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90_HB0205
720 ILCS 5/12-14.2 new
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
Amends the Criminal Code of 1961 and the Unified Code of
Corrections. Creates the offense of sexual battery of a
child. Provides that an accused commits this offense if he
or she was 18 years of age or over and commits an act of
sexual penetration with a victim who was under 9 years of age
when the act was committed; the accused was armed with a
dangerous weapon; the accused contemplated the use of lethal
force; and the accused was previously convicted of predatory
criminal sexual assault of a child or aggravated criminal
sexual assault and the victim was under 9 years of age.
Permits the imposition of the death penalty. If the death
penalty is not imposed, the accused shall be sentenced to
natural life imprisonment.
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1 AN ACT to create the offense of sexual battery of a
2 child.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Section 12-14.2 as follows:
7 (720 ILCS 5/12-14.2 new)
8 Sec. 12-14.2. Sexual battery of a child.
9 (a) The accused commits sexual battery of a child if:
10 (1) the accused was 18 years of age or over and
11 commits an act of sexual penetration with a victim who
12 was under 9 years of age when the act was committed; and
13 (2) the accused was armed with a dangerous weapon;
14 and
15 (3) the accused contemplated the use of lethal
16 force; and
17 (4) the accused was previously convicted of
18 predatory criminal sexual assault of a child or
19 aggravated criminal sexual assault and the victim was
20 under 9 years of age.
21 (b) Sexual battery of a child is a Class X felony for
22 which the death penalty may be imposed. If the death penalty
23 is not imposed, the offender shall be sentenced to a term of
24 natural life imprisonment.
25 Section 10. The Unified Code of Corrections is amended
26 by changing Section 5-8-1 as follows:
27 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
28 Sec. 5-8-1. Sentence of Imprisonment for Felony.
29 (a) Except as otherwise provided in the statute defining
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1 the offense, a sentence of imprisonment for a felony shall be
2 a determinate sentence set by the court under this Section,
3 according to the following limitations:
4 (1) for first degree murder,
5 (a) a term shall be not less than 20 years and
6 not more than 60 years, or
7 (b) if the court finds that the murder was
8 accompanied by exceptionally brutal or heinous
9 behavior indicative of wanton cruelty or, except as
10 set forth in subsection (a)(1)(c) of this Section,
11 that any of the aggravating factors listed in
12 subsection (b) of Section 9-1 of the Criminal Code
13 of 1961 are present, the court may sentence the
14 defendant to a term of natural life imprisonment, or
15 (c) the court shall sentence the defendant to
16 a term of natural life imprisonment when the death
17 penalty is not imposed if the defendant,
18 (i) has previously been convicted of
19 first degree murder under any state or federal
20 law, or
21 (ii) is a person who, at the time of the
22 commission of the murder, had attained the age
23 of 17 or more and is found guilty of murdering
24 an individual under 12 years of age; or,
25 irrespective of the defendant's age at the time
26 of the commission of the offense, is found
27 guilty of murdering more than one victim, or
28 (iii) is found guilty of murdering a
29 peace officer or fireman when the peace officer
30 or fireman was killed in the course of
31 performing his official duties, or to prevent
32 the peace officer or fireman from performing
33 his official duties, or in retaliation for the
34 peace officer or fireman performing his
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1 official duties, and the defendant knew or
2 should have known that the murdered individual
3 was a peace officer or fireman, or
4 (iv) is found guilty of murdering an
5 employee of an institution or facility of the
6 Department of Corrections, or any similar local
7 correctional agency, when the employee was
8 killed in the course of performing his official
9 duties, or to prevent the employee from
10 performing his official duties, or in
11 retaliation for the employee performing his
12 official duties, or
13 (v) is found guilty of murdering an
14 emergency medical technician - ambulance,
15 emergency medical technician - intermediate,
16 emergency medical technician - paramedic,
17 ambulance driver or other medical assistance or
18 first aid person while employed by a
19 municipality or other governmental unit when
20 the person was killed in the course of
21 performing official duties or to prevent the
22 person from performing official duties or in
23 retaliation for performing official duties and
24 the defendant knew or should have known that
25 the murdered individual was an emergency
26 medical technician - ambulance, emergency
27 medical technician - intermediate, emergency
28 medical technician - paramedic, ambulance
29 driver, or other medical assistant or first aid
30 personnel, or
31 (vi) is a person who, at the time of the
32 commission of the murder, had not attained the
33 age of 17, and is found guilty of murdering a
34 person under 12 years of age and the murder is
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1 committed during the course of aggravated
2 criminal sexual assault, criminal sexual
3 assault, or aggravated kidnaping.
4 For purposes of clause (v), "emergency medical
5 technician - ambulance", "emergency medical
6 technician - intermediate", "emergency medical
7 technician - paramedic", have the meanings ascribed
8 to them in the Emergency Medical Services (EMS)
9 Systems Act.
10 (1.5) for second degree murder, a term shall be not
11 less than 4 years and not more than 20 years;
12 (1.6) for sexual battery of a child, the sentence
13 shall be a term of natural life imprisonment if the death
14 penalty is not imposed;
15 (2) for a person adjudged a habitual criminal under
16 Article 33B of the Criminal Code of 1961, as amended, the
17 sentence shall be a term of natural life imprisonment.
18 (3) except as otherwise provided in the statute
19 defining the offense, for a Class X felony, the sentence
20 shall be not less than 6 years and not more than 30
21 years;
22 (4) for a Class 1 felony, other than second degree
23 murder, the sentence shall be not less than 4 years and
24 not more than 15 years;
25 (5) for a Class 2 felony, the sentence shall be not
26 less than 3 years and not more than 7 years;
27 (6) for a Class 3 felony, the sentence shall be not
28 less than 2 years and not more than 5 years;
29 (7) for a Class 4 felony, the sentence shall be not
30 less than 1 year and not more than 3 years.
31 (b) The sentencing judge in each felony conviction shall
32 set forth his reasons for imposing the particular sentence he
33 enters in the case, as provided in Section 5-4-1 of this
34 Code. Those reasons may include any mitigating or
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1 aggravating factors specified in this Code, or the lack of
2 any such circumstances, as well as any other such factors as
3 the judge shall set forth on the record that are consistent
4 with the purposes and principles of sentencing set out in
5 this Code.
6 (c) A motion to reduce a sentence may be made, or the
7 court may reduce a sentence without motion, within 30 days
8 after the sentence is imposed. A defendant's challenge to
9 the correctness of a sentence or to any aspect of the
10 sentencing hearing shall be made by a written motion filed
11 within 30 days following the imposition of sentence.
12 However, the court may not increase a sentence once it is
13 imposed.
14 If a motion filed pursuant to this subsection is timely
15 filed within 30 days after the sentence is imposed, the
16 proponent of the motion shall exercise due diligence in
17 seeking a determination on the motion and the court shall
18 thereafter decide such motion within a reasonable time.
19 If a motion filed pursuant to this subsection is timely
20 filed within 30 days after the sentence is imposed, then for
21 purposes of perfecting an appeal, a final judgment shall not
22 be considered to have been entered until the motion to reduce
23 a sentence has been decided by order entered by the trial
24 court.
25 A motion filed pursuant to this subsection shall not be
26 considered to have been timely filed unless it is filed with
27 the circuit court clerk within 30 days after the sentence is
28 imposed together with a notice of motion, which notice of
29 motion shall set the motion on the court's calendar on a date
30 certain within a reasonable time after the date of filing.
31 (d) Except where a term of natural life is imposed,
32 every sentence shall include as though written therein a term
33 in addition to the term of imprisonment. For those sentenced
34 under the law in effect prior to February 1, 1978, such term
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1 shall be identified as a parole term. For those sentenced on
2 or after February 1, 1978, such term shall be identified as a
3 mandatory supervised release term. Subject to earlier
4 termination under Section 3-3-8, the parole or mandatory
5 supervised release term shall be as follows:
6 (1) for first degree murder or a Class X felony, 3
7 years;
8 (2) for a Class 1 felony or a Class 2 felony, 2
9 years;
10 (3) for a Class 3 felony or a Class 4 felony, 1
11 year.
12 (e) A defendant who has a previous and unexpired
13 sentence of imprisonment imposed by another state or by any
14 district court of the United States and who, after sentence
15 for a crime in Illinois, must return to serve the unexpired
16 prior sentence may have his sentence by the Illinois court
17 ordered to be concurrent with the prior sentence in the other
18 state. The court may order that any time served on the
19 unexpired portion of the sentence in the other state, prior
20 to his return to Illinois, shall be credited on his Illinois
21 sentence. The other state shall be furnished with a copy of
22 the order imposing sentence which shall provide that, when
23 the offender is released from confinement of the other state,
24 whether by parole or by termination of sentence, the offender
25 shall be transferred by the Sheriff of the committing county
26 to the Illinois Department of Corrections. The court shall
27 cause the Department of Corrections to be notified of such
28 sentence at the time of commitment and to be provided with
29 copies of all records regarding the sentence.
30 (f) A defendant who has a previous and unexpired
31 sentence of imprisonment imposed by an Illinois circuit court
32 for a crime in this State and who is subsequently sentenced
33 to a term of imprisonment by another state or by any district
34 court of the United States and who has served a term of
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1 imprisonment imposed by the other state or district court of
2 the United States, and must return to serve the unexpired
3 prior sentence imposed by the Illinois Circuit Court may
4 apply to the court which imposed sentence to have his
5 sentence reduced.
6 The circuit court may order that any time served on the
7 sentence imposed by the other state or district court of the
8 United States be credited on his Illinois sentence. Such
9 application for reduction of a sentence under this
10 subsection (f) shall be made within 30 days after the
11 defendant has completed the sentence imposed by the other
12 state or district court of the United States.
13 (Source: P.A. 88-301; 88-311; 88-433; 88-670, eff. 12-2-94;
14 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 89-462, eff.
15 5-29-96.)