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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,oranesthetic, 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.