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90_HB2800ham001
LRB9009068WHmgam
1 AMENDMENT TO HOUSE BILL 2800
2 AMENDMENT NO. . Amend House Bill 2800, on page 1, by
3 replacing lines 1 and 2 as follows:
4 "AN ACT in relation to criminal law, amending named
5 Acts."; and
6 on page 1, by replacing line 12 with the following:
7 "changing Sections 12-4, 12-14, 12-14.1, 12-16, 12-18 and
8 18-5 as follows:"; and
9 on page 6, by inserting between lines 16 and 17 the
10 following:
11 "(720 ILCS 5/12-14.1)
12 Sec. 12-14.1. Predatory criminal sexual assault of a
13 child.
14 (a) The accused commits predatory criminal sexual
15 assault of a child if:
16 (1) the accused was 17 years of age or over and
17 commits an act of sexual penetration with a victim who
18 was under 13 years of age when the act was committed; or
19 (2) the accused was 17 years of age or over and
20 commits an act of sexual penetration with a victim who
21 was under 13 years of age when the act was committed and
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1 the accused caused great bodily harm to the victim that:
2 (A) resulted in permanent disability; or
3 (B) was life threatening; or.
4 (3) the accused was 17 years of age or over and
5 commits an act of sexual penetration with a victim who
6 was under 13 years of age when the act was committed and
7 the accused delivered (by injection, inhalation,
8 ingestion, transfer of possession, or any other means) to
9 the victim without his or her consent, or by threat or
10 deception, any controlled substance.
11 (b) Sentence.
12 (1) A person convicted of a violation of subsection
13 (a)(1) commits a Class X felony. A person convicted of a
14 violation of subsection (a)(2) or (a) (3) commits a Class
15 X felony for which the person shall be sentenced to a
16 term of imprisonment of not less than 50 years and not
17 more than 60 years.
18 (2) A person who is convicted of a second or
19 subsequent offense of predatory criminal sexual assault
20 of a child, or who is convicted of the offense of
21 predatory criminal sexual assault of a child after having
22 previously been convicted of the offense of criminal
23 sexual assault or the offense of aggravated criminal
24 sexual assault, or who is convicted of the offense of
25 predatory criminal sexual assault of a child after having
26 previously been convicted under the laws of this State or
27 any other state of an offense that is substantially
28 equivalent to the offense of predatory criminal sexual
29 assault of a child, the offense of aggravated criminal
30 sexual assault or the offense of criminal sexual assault,
31 shall be sentenced to a term of natural life
32 imprisonment. The commission of the second or subsequent
33 offense is required to have been after the initial
34 conviction for this paragraph (2) to apply.
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1 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
2 90-396, eff. 1-1-98.)"; and
3 on page 8, by inserting between lines 17 and 18 the
4 following:
5 "(720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
6 Sec. 12-18. General Provisions.
7 (a) No person accused of violating Sections 12-13,
8 12-14, 12-15 or 12-16 of this Code shall be presumed to be
9 incapable of committing an offense prohibited by Sections
10 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
11 age, physical condition or relationship to the victim, except
12 as otherwise provided in subsection (c) of this Section.
13 Nothing in this Section shall be construed to modify or
14 abrogate the affirmative defense of infancy under Section 6-1
15 of this Code or the provisions of Section 5-4 of the Juvenile
16 Court Act of 1987.
17 (b) Any medical examination or procedure which is
18 conducted by a physician, nurse, medical or hospital
19 personnel, parent, or caretaker for purposes and in a manner
20 consistent with reasonable medical standards is not an
21 offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
22 of this Code.
23 (c) Prosecution of a spouse of a victim under this
24 subsection for any violation by the victim's spouse of
25 Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
26 unless the victim reported such offense to a law enforcement
27 agency or the State's Attorney's office within 30 days after
28 the offense was committed, except when the court finds good
29 cause for the delay.
30 (d) In addition to the sentences provided for in
31 Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
32 Criminal Code of 1961 the Court may order any person who is
33 convicted of violating any of those Sections to meet all or
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1 any portion of the financial obligations of treatment,
2 including but not limited to medical, psychiatric,
3 rehabilitative or psychological treatment, prescribed for the
4 victim or victims of the offense.
5 (e) After a finding at a preliminary hearing that there
6 is probable cause to believe that an accused has committed a
7 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
8 or after an indictment is returned charging an accused with a
9 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
10 at the request of the person who was the victim of the
11 violation of Section 12-13, 12-14, or 12-14.1, the
12 prosecuting State's attorney shall seek an order from the
13 court to compel the accused to be tested for infection with
14 human immunodeficiency virus (HIV). The medical test shall
15 be performed only by appropriately licensed medical
16 practitioners, and shall consist of an enzyme-linked
17 immunosorbent assay (ELISA) test, or such other test as may
18 be approved by the Illinois Department of Public Health; in
19 the event of a positive result, the Western Blot Assay or a
20 more reliable confirmatory test shall be administered. The
21 results of the test shall be kept strictly confidential by
22 all medical personnel involved in the testing and must be
23 personally delivered in a sealed envelope to the victim and
24 to the judge who entered the order, for the judge's
25 inspection in camera. Acting in accordance with the best
26 interests of the victim and the public, the judge shall have
27 the discretion to determine to whom, if anyone, the result of
28 the testing may be revealed; however, in no case shall the
29 identity of the victim be disclosed. The court shall order
30 that the cost of the test shall be paid by the county, and
31 may be taxed as costs against the accused if convicted.
32 (f) Whenever any emergency room personnel or law
33 enforcement officer has reasonable cause to believe that a
34 person has been delivered a controlled substance without his
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1 or her consent, they shall advise the victim about seeking
2 medical treatment and preserving evidence and if necessary
3 provide or arrange accessible transportation for the victim
4 to an appropriate medical facility. In addition, medical,
5 law enforcement or other personnel shall provide:
6 (1) An explanation to the victim about the nature and
7 effects of commonly used controlled substances and how such
8 controlled substances are administered.
9 (2) An offer to the victim of testing for the presence
10 of such controlled substances.
11 (3) A disclosure to the victim that all controlled
12 substances or alcohol ingested by the victim will be
13 disclosed by the test.
14 (4) A statement that the test is completely voluntary.
15 (5) A form for written authorization for sample analysis
16 of all controlled substances and alcohol ingested by the
17 victim.
18 No sample analysis may be performed unless the victim
19 returns a signed written authorization to law enforcement
20 personnel within 48 hours after the sample was collected.
21 (Source: P.A. 88-421; 89-428, eff. 12-13-95; 89-462, eff.
22 5-29-96.)
23 (720 ILCS 5/18-5)
24 Sec. 18-5. Aggravated robbery.
25 (a) A person commits aggravated robbery when he or she
26 takes property from the person or presence of another by the
27 use of force or by threatening the imminent use of force
28 while indicating verbally or by his or her actions to the
29 victim that he or she is presently armed with a firearm.
30 This offense shall be applicable even though it is later
31 determined that he or she had no firearm in his or her
32 possession when he or she committed the robbery.
33 (a-5) A person commits aggravated robbery when he or she
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1 takes property from the person or presence of another by
2 delivering (by injection, inhalation, ingestion, transfer of
3 possession, or any other means) to the victim without his or
4 her consent, or by threat or deception, any controlled
5 substance.
6 (b) Sentence. Aggravated robbery is a Class 1 felony.
7 (Source: P.A. 88-144; 88-670, eff. 12-2-94.)
8 Section 10. The Code of Criminal Procedure of 1963 is
9 amended by changing Section 115-7.3 as follows:
10 (725 ILCS 5/115-7.3)
11 Sec. 115-7.3. Evidence in certain cases.
12 (a) This Section applies to criminal cases in which:
13 (1) the defendant is accused of predatory criminal
14 sexual assault of a child, aggravated criminal sexual
15 assault, criminal sexual assault, aggravated criminal
16 sexual abuse, criminal sexual abuse, or criminal
17 transmission of HIV;
18 (2) the defendant is accused of battery or
19 aggravated battery when the commission of the offense
20 involves sexual penetration or sexual conduct as defined
21 in Section 12-12 of the Criminal Code of 1961; or
22 (3) the defendant is tried or retried for any of
23 the offenses formerly known as rape, deviate sexual
24 assault, indecent liberties with a child, or aggravated
25 indecent liberties with a child.
26 (b) If the defendant is accused of an offense set forth
27 in paragraph (1) or (2) of subsection (a) or the defendant is
28 tried or retried for any of the offenses set forth in
29 paragraph (3) of subsection (a), evidence of the defendant's
30 commission of another offense or offenses set forth in
31 paragraph (1), (2), or (3) of subsection (a), or evidence to
32 rebut that proof or an inference from that proof, may be
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1 admissible (if that evidence is otherwise admissible under
2 the rules of evidence) and may be considered for its bearing
3 on any matter to which it is relevant.
4 (c) In weighing the probative value of the evidence
5 against undue prejudice to the defendant, the court may
6 consider:
7 (1) the proximity in time to the charged or
8 predicate offense;
9 (2) the degree of factual similarity to the charged
10 or predicate offense; or
11 (3) other relevant facts and circumstances.
12 (d) In a criminal case in which the prosecution intends
13 to offer evidence under this Section, it must disclose the
14 evidence, including statements of witnesses or a summary of
15 the substance of any testimony, at a reasonable time in
16 advance of trial, or during trial if the court excuses
17 pretrial notice on good cause shown.
18 (e) In a criminal case in which evidence is offered
19 under this Section, proof may be made by specific instances
20 of conduct, testimony as to reputation, or testimony in the
21 form of an expert opinion, except that the prosecution may
22 offer reputation testimony only after the opposing party has
23 offered that testimony.
24 (f) In prosecutions for a violation of Section 10-2,
25 12-4, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the
26 Criminal Code of 1961, involving the involuntary delivery of
27 a controlled substance to a victim, no inference may be made
28 about the fact that a victim did not consent to a test for
29 the presence of controlled substances.
30 (Source: P.A. 90-132, eff. 1-1-98.)
31 Section 95. Severability. The provisions of this Act
32 are severable under Section 1.31 of the Statute on
33 Statutes.".