State of Illinois
90th General Assembly
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90_HB2569

      720 ILCS 5/12-4           from Ch. 38, par. 12-4
      720 ILCS 5/12-14          from Ch. 38, par. 12-14
      720 ILCS 5/12-16          from Ch. 38, par. 12-16
          Amends  the  Criminal  Code  of  1961.    Provides   that
      administering  a controlled substance to a person without his
      or her consent for nonmedical purposes constitutes aggravated
      battery.  Provides that delivering a controlled substance  to
      a  victim  without  his  or  her  consent as part of the same
      course of  conduct  as  the  commission  of  criminal  sexual
      assault   or   criminal   sexual   abuse  is  an  aggravating
      circumstance  that  enhances  these  offenses  to  aggravated
      criminal sexual assault or aggravated criminal sexual  abuse.
      Effective immediately.
                                                     LRB9008947RCbd
                                               LRB9008947RCbd
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Sections 12-4, 12-14, and 12-16.
 3        WHEREAS, It is the intent  of  the  General  Assembly  to
 4    prevent  the  use  of controlled substances to commit crimes,
 5    including criminal sexual assault,  against  people  in  this
 6    State  and  the General Assembly has determined to accomplish
 7    this  by  imposing  criminal  penalties  for  that   use   of
 8    controlled substances; therefore
 9        Be  it  enacted  by  the People of the State of Illinois,
10    represented in the General Assembly:
11        Section 5.  The Criminal  Code  of  1961  is  amended  by
12    changing Sections 12-4, 12-14, and 12-16 as follows:
13        (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
14        Sec. 12-4. Aggravated Battery.
15        (a)  A person who, in committing a battery, intentionally
16    or   knowingly   causes   great  bodily  harm,  or  permanent
17    disability or disfigurement commits aggravated battery.
18        (b)  In committing a battery, a person commits aggravated
19    battery if he or she:
20             (1)  Uses  a  deadly  weapon  other  than   by   the
21        discharge of a firearm;
22             (2)  Is  hooded,  robed or masked, in such manner as
23        to conceal his identity;
24             (3)  Knows the individual harmed to be a teacher  or
25        other  person  employed in any school and such teacher or
26        other employee is upon the grounds of a school or grounds
27        adjacent thereto, or is in any part of  a  building  used
28        for school purposes;
29             (4)  Knows the individual harmed to be a supervisor,
30        director, instructor or other person employed in any park
31        district  and  such  supervisor,  director, instructor or
                            -2-                LRB9008947RCbd
 1        other employee is upon the grounds of the park or grounds
 2        adjacent thereto, or is in any part of  a  building  used
 3        for park purposes;
 4             (5)  Knows the individual harmed to be a caseworker,
 5        investigator,  or  other  person  employed  by  the State
 6        Department of Public Aid, a County Department  of  Public
 7        Aid,  or  the  Department  of  Human  Services (acting as
 8        successor to the Illinois Department of Public Aid  under
 9        the   Department   of   Human   Services  Act)  and  such
10        caseworker, investigator, or other  person  is  upon  the
11        grounds  of  a  public  aid  office  or  grounds adjacent
12        thereto, or is in any part of a building used for  public
13        aid  purposes,  or upon the grounds of a home of a public
14        aid applicant,  recipient,  or  any  other  person  being
15        interviewed  or  investigated in the employee's discharge
16        of his duties, or on grounds adjacent thereto, or  is  in
17        any part of a building in which the applicant, recipient,
18        or other such person resides or is located;
19             (6)  Knows  the  individual  harmed  to  be  a peace
20        officer, a  person  summoned  and  directed  by  a  peace
21        officer,   a  correctional  institution  employee,  or  a
22        fireman  while  such  officer,  employee  or  fireman  is
23        engaged in the execution of any official duties including
24        arrest or attempted arrest, or to  prevent  the  officer,
25        employee  or  fireman from performing official duties, or
26        in retaliation  for  the  officer,  employee  or  fireman
27        performing  official duties, and the battery is committed
28        other than by the discharge of a firearm;
29             (7)  Knows the individual harmed to be an  emergency
30        medical   technician   -   ambulance,  emergency  medical
31        technician - intermediate, emergency medical technician -
32        paramedic, ambulance driver or other  medical  assistance
33        or  first aid personnel engaged in the performance of any
34        of  his  or  her  official  duties,  or  to  prevent  the
                            -3-                LRB9008947RCbd
 1        emergency  medical  technician  -  ambulance,   emergency
 2        medical  technician  -  intermediate,  emergency  medical
 3        technician   -  paramedic,  ambulance  driver,  or  other
 4        medical assistance or first aid personnel from performing
 5        official  duties,  or  in  retaliation   for   performing
 6        official duties;
 7             (8)  Is,  or  the  person battered is, on or about a
 8        public  way,  public  property   or   public   place   of
 9        accommodation or amusement;
10             (9)  Knows  the  individual harmed to be the driver,
11        operator, employee or  passenger  of  any  transportation
12        facility   or   system   engaged   in   the  business  of
13        transportation of the public for hire and the  individual
14        assaulted  is  then  performing  in such capacity or then
15        using such public transportation as a passenger or  using
16        any   area   of   any   description   designated  by  the
17        transportation facility or system as a vehicle  boarding,
18        departure, or transfer location;
19             (10)  Knowingly  and without legal justification and
20        by any means causes bodily harm to an  individual  of  60
21        years of age or older;
22             (11)  Knows the individual harmed is pregnant;
23             (12)  Knows the individual harmed to be a judge whom
24        the  person  intended  to harm as a result of the judge's
25        performance of his or her official duties as a judge;
26             (13)  Knows the individual harmed to be an  employee
27        of   the  Illinois  Department  of  Children  and  Family
28        Services engaged in the  performance  of  his  authorized
29        duties as such employee;
30             (14)  Knows the individual harmed to be a person who
31        is physically handicapped; or
32             (15)  Knowingly  and without legal justification and
33        by any means causes bodily harm to a merchant who detains
34        the person for an  alleged  commission  of  retail  theft
                            -4-                LRB9008947RCbd
 1        under  Section  16A-5  of  this  Code. In this item (15),
 2        "merchant" has the meaning  ascribed  to  it  in  Section
 3        16A-2.4 of this Code.
 4        For  the  purpose  of paragraph (14) of subsection (b) of
 5    this Section, a physically handicapped person is a person who
 6    suffers   from   a   permanent   and    disabling    physical
 7    characteristic,  resulting  from  disease, injury, functional
 8    disorder or congenital condition.
 9        (c)  A person who administers to an individual or  causes
10    him  to  take, without his consent or by threat or deception,
11    and  for  other  than  medical  purposes,  any  intoxicating,
12    poisonous, stupefying, narcotic, or anesthetic, or controlled
13    substance commits aggravated battery.
14        (d)  A person who knowingly gives to another  person  any
15    food  that  contains any substance or object that is intended
16    to  cause  physical  injury  if  eaten,  commits   aggravated
17    battery.
18        (e)  Sentence.
19        Aggravated battery is a Class 3 felony.
20    (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98.)
21        (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
22        Sec. 12-14.  Aggravated Criminal Sexual Assault.
23        (a)  The   accused  commits  aggravated  criminal  sexual
24    assault if he or she commits criminal sexual assault and  any
25    of the following aggravating circumstances existed during, or
26    for  the  purposes of paragraph (7) of this subsection (a) as
27    part of the same course of conduct as, the commission of  the
28    offense:
29             (1)  the  accused  displayed,  threatened to use, or
30        used a  dangerous  weapon  or  any  object  fashioned  or
31        utilized in such a manner as to lead the victim under the
32        circumstances  reasonably to believe it to be a dangerous
33        weapon; or
                            -5-                LRB9008947RCbd
 1             (2)  the accused caused bodily harm to  the  victim;
 2        or
 3             (3)  the  accused  acted  in  such  a  manner  as to
 4        threaten or endanger the life of the victim or any  other
 5        person; or
 6             (4)  the  criminal  sexual  assault  was perpetrated
 7        during  the  course  of  the  commission   or   attempted
 8        commission of any other felony by the accused; or
 9             (5)  the victim was 60 years of age or over when the
10        offense was committed; or
11             (6)  the victim was a physically handicapped person;
12        or .
13             (7)  the    accused    delivered    (by   injection,
14        inhalation, ingestion, transfer  of  possession,  or  any
15        other means) to the victim without his or her consent, or
16        by threat or deception, any controlled substance.
17        (b)  The   accused  commits  aggravated  criminal  sexual
18    assault if the accused was under 17  years  of  age  and  (i)
19    commits  an  act  of sexual penetration with a victim who was
20    under 9 years of age when the  act  was  committed;  or  (ii)
21    commits an act of sexual penetration with a victim who was at
22    least  9  years of age but under 13 years of age when the act
23    was committed and the accused used force or threat  of  force
24    to commit the act.
25        (c)  The   accused  commits  aggravated  criminal  sexual
26    assault if he or she commits an  act  of  sexual  penetration
27    with  a  victim  who  was  an  institutionalized  severely or
28    profoundly mentally retarded person at the time the  act  was
29    committed.
30        (d)  Sentence.
31             (1)  Aggravated criminal sexual assault is a Class X
32        felony.
33             (2)  A  person  who  is  convicted  of  a  second or
34        subsequent offense of aggravated criminal sexual assault,
                            -6-                LRB9008947RCbd
 1        or who is convicted of the offense of aggravated criminal
 2        sexual assault after having previously been convicted  of
 3        the  offense of criminal sexual assault or the offense of
 4        predatory criminal sexual assault of a child, or  who  is
 5        convicted  of  the  offense of aggravated criminal sexual
 6        assault after having previously been convicted under  the
 7        laws  of  this  or  any other state of an offense that is
 8        substantially  equivalent  to  the  offense  of  criminal
 9        sexual assault, the offense of aggravated criminal sexual
10        assault or  the  offense  of  predatory  criminal  sexual
11        assault  of  a  child,  shall  be  sentenced to a term of
12        natural life imprisonment. The commission of  the  second
13        or  subsequent offense is required to have been after the
14        initial conviction for this paragraph (2) to apply.
15    (Source: P.A. 89-428, eff. 12-13-95;  89-462,  eff.  5-29-96;
16    90-396, eff. 1-1-98.)
17        (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
18        Sec. 12-16.  Aggravated Criminal Sexual Abuse.
19        (a)  The accused commits aggravated criminal sexual abuse
20    if  he  or  she  commits  criminal sexual abuse as defined in
21    subsection (a) of Section 12-15 of this Code and any  of  the
22    following  aggravating  circumstances  existed during, or for
23    the purposes of paragraph (7) of this subsection (a) as  part
24    of  the  same  course  of  conduct  as, the commission of the
25    offense:
26             (1)  the accused displayed,  threatened  to  use  or
27        used  a  dangerous  weapon  or  any  object  fashioned or
28        utilized in such a manner as to lead the victim under the
29        circumstances reasonably to believe it to be a  dangerous
30        weapon; or
31             (2)  the  accused  caused bodily harm to the victim;
32        or
33             (3)  the victim was 60 years of age or over when the
                            -7-                LRB9008947RCbd
 1        offense was committed; or
 2             (4)  the victim was a physically handicapped person;
 3        or
 4             (5)  the accused  acted  in  such  a  manner  as  to
 5        threaten  or endanger the life of the victim or any other
 6        person; or
 7             (6)  the  criminal  sexual  abuse  was   perpetrated
 8        during   the   course  of  the  commission  or  attempted
 9        commission of any other felony by the accused; or .
10             (7)  the   accused    delivered    (by    injection,
11        inhalation,  ingestion,  transfer  of  possession, or any
12        other means) to the victim without his or her consent, or
13        by threat or deception, any controlled substance.
14        (b)  The accused commits aggravated criminal sexual abuse
15    if he or she commits an act of sexual conduct  with a  victim
16    who  was under 18 years of age when the act was committed and
17    the accused was a family member.
18        (c)  The accused commits aggravated criminal sexual abuse
19    if:
20             (1)  the accused was 17 years of age or over and (i)
21        commits an act of sexual conduct with a  victim  who  was
22        under 13 years of age when the act was committed; or (ii)
23        commits an act of sexual conduct with a victim who was at
24        least  13 years of age but under 17 years of age when the
25        act was committed and the accused used force or threat of
26        force to commit the act; or
27             (2)  the accused was under 17 years of age  and  (i)
28        commits  an  act  of sexual conduct with a victim who was
29        under 9 years of age when the act was committed; or  (ii)
30        commits an act of sexual conduct with a victim who was at
31        least  9  years of age but under 17 years of age when the
32        act was committed and the accused used force or threat of
33        force to commit the act.
34        (d)  The accused commits aggravated criminal sexual abuse
                            -8-                LRB9008947RCbd
 1    if he or she commits an act of sexual penetration  or  sexual
 2    conduct  with  a  victim who was at least 13 years of age but
 3    under 17 years of age and the accused was at  least  5  years
 4    older than the victim.
 5        (e)  The accused commits aggravated criminal sexual abuse
 6    if  he  or she commits an act of sexual conduct with a victim
 7    who was an institutionalized severely or profoundly  mentally
 8    retarded person at the time the act was committed.
 9        (f)  The accused commits aggravated criminal sexual abuse
10    if  he  or she commits an act of sexual conduct with a victim
11    who was at least 13 years of age but under 18  years  of  age
12    when  the  act  was committed and the accused was 17 years of
13    age or over and  held  a  position  of  trust,  authority  or
14    supervision in relation to the victim.
15        (g)  Sentence.   Aggravated  criminal  sexual  abuse is a
16    Class 2 felony.
17    (Source: P.A. 88-99; 89-586, eff. 7-31-96.)
18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.

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