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90_SB0007enr
720 ILCS 5/12-13 from Ch. 38, par. 12-13
720 ILCS 5/12-14 from Ch. 38, par. 12-14
720 ILCS 5/12-14.1
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. Provides that a person convicted of a second or
subsequent offense of criminal sexual assault, aggravated
criminal sexual assault, or predatory criminal sexual assault
of a child, or convicted of one of these offenses after
having been previously convicted of another one of these
offenses or an offense of another state that is substantially
equivalent shall be sentenced to a term of natural life
imprisonment.
LRB9000807RCcd
SB7 Enrolled LRB9000807RCcd
1 AN ACT in relation to certain sex offenses.
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 1961 is amended by
5 changing Sections 12-13, 12-14, and 12-14.1 as follows:
6 (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
7 Sec. 12-13. Criminal Sexual Assault. (a) The accused
8 commits criminal sexual assault if he or she:
9 (1) commits an act of sexual penetration by the use of
10 force or threat of force; or
11 (2) commits an act of sexual penetration and the accused
12 knew that the victim was unable to understand the nature of
13 the act or was unable to give knowing consent; or
14 (3) commits an act of sexual penetration with a victim
15 who was under 18 years of age when the act was committed and
16 the accused was a family member; or
17 (4) commits an act of sexual penetration with a victim
18 who was at least 13 years of age but under 18 years of age
19 when the act was committed and the accused was 17 years of
20 age or over and held a position of trust, authority or
21 supervision in relation to the victim.
22 (b) Sentence.
23 (1) Criminal sexual assault is a Class 1 felony.
24 (2) A person who is convicted of the offense of
25 criminal sexual assault as defined in paragraph (a)(1) or
26 (a)(2) after having previously been convicted of the
27 offense of criminal sexual assault, or who is convicted
28 of the offense of criminal sexual assault as defined in
29 paragraph (a)(1) or (a)(2) after having previously been
30 convicted under the laws of this State or any other state
31 of an offense that is substantially equivalent to the
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1 offense of criminal sexual assault, commits a Class X
2 felony for which the person shall be sentenced to a term
3 of imprisonment of not less than 30 years and not more
4 than 60 years. The commission of the second or
5 subsequent offense is required to have been after the
6 initial conviction for this paragraph (2) to apply.
7 (3) A person who is convicted of the offense of
8 criminal sexual assault as defined in paragraph (a)(1) or
9 (a)(2) after having previously been convicted of the
10 offense of aggravated criminal sexual assault or the
11 offense of predatory criminal sexual assault of a child,
12 or who is convicted of the offense of criminal sexual
13 assault as defined in paragraph (a)(1) or (a)(2) after
14 having previously been convicted under the laws of this
15 State or any other state of an offense that is
16 substantially equivalent to the offense of aggravated
17 criminal sexual assault or the offense of criminal
18 predatory sexual assault shall be sentenced to a term of
19 natural life imprisonment. The commission of the second
20 or subsequent offense is required to have been after the
21 initial conviction for this paragraph (3) to apply.
22 (4) A second or subsequent conviction for a
23 violation of paragraph (a)(3) or (a)(4) this Section or
24 under any similar statute of this State or any other
25 state for any offense involving criminal sexual assault
26 that is substantially equivalent to or more serious than
27 the sexual assault prohibited under paragraph (a)(3) or
28 (a)(4) this Section is a Class X felony.
29 (5) When a person has any such prior conviction,
30 the information or indictment charging that person shall
31 state such prior conviction so as to give notice of the
32 State's intention to treat the charge as a Class X
33 felony. The fact of such prior conviction is not an
34 element of the offense and may not be disclosed to the
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1 jury during trial unless otherwise permitted by issues
2 properly raised during such trial.
3 (Source: P.A. 85-1440.)
4 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
5 Sec. 12-14. Aggravated Criminal Sexual Assault.
6 (a) The accused commits aggravated criminal sexual
7 assault if he or she commits criminal sexual assault and any
8 of the following aggravating circumstances existed during the
9 commission of the offense:
10 (1) the accused displayed, threatened to use, or
11 used a dangerous weapon or any object fashioned or
12 utilized in such a manner as to lead the victim under the
13 circumstances reasonably to believe it to be a dangerous
14 weapon; or
15 (2) the accused caused bodily harm to the victim;
16 or
17 (3) the accused acted in such a manner as to
18 threaten or endanger the life of the victim or any other
19 person; or
20 (4) the criminal sexual assault was perpetrated
21 during the course of the commission or attempted
22 commission of any other felony by the accused; or
23 (5) the victim was 60 years of age or over when the
24 offense was committed; or
25 (6) the victim was a physically handicapped person.
26 (b) The accused commits aggravated criminal sexual
27 assault if the accused was under 17 years of age and (i)
28 commits an act of sexual penetration with a victim who was
29 under 9 years of age when the act was committed; or (ii)
30 commits an act of sexual penetration with a victim who was at
31 least 9 years of age but under 13 years of age when the act
32 was committed and the accused used force or threat of force
33 to commit the act.
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1 (c) The accused commits aggravated criminal sexual
2 assault if he or she commits an act of sexual penetration
3 with a victim who was an institutionalized severely or
4 profoundly mentally retarded person at the time the act was
5 committed.
6 (d) Sentence.
7 (1) Aggravated criminal sexual assault is a Class
8 X felony.
9 (2) A person who is convicted of a second or
10 subsequent offense of aggravated criminal sexual assault,
11 or who is convicted of the offense of aggravated criminal
12 sexual assault after having previously been convicted of
13 the offense of criminal sexual assault or the offense of
14 predatory criminal sexual assault of a child, or who is
15 convicted of the offense of aggravated criminal sexual
16 assault after having previously been convicted under the
17 laws of this or any other state of an offense that is
18 substantially equivalent to the offense of criminal
19 sexual assault, the offense of aggravated criminal sexual
20 assault or the offense of predatory criminal sexual
21 assault of a child, shall be sentenced to a term of
22 natural life imprisonment. The commission of the second
23 or subsequent offense is required to have been after the
24 initial conviction for this paragraph (2) to apply.
25 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
26 (720 ILCS 5/12-14.1)
27 Sec. 12-14.1. Predatory criminal sexual assault of a
28 child.
29 (a) The accused commits predatory criminal sexual
30 assault of a child if:
31 (1) the accused was 17 years of age or over and
32 commits an act of sexual penetration with a victim who
33 was under 13 years of age when the act was committed; or
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1 (2) the accused was 17 years of age or over and
2 commits an act of sexual penetration with a victim who
3 was under 13 years of age when the act was committed and
4 the accused caused great bodily harm to the victim that:
5 (A) resulted in permanent disability; or
6 (B) was life threatening.
7 (b) Sentence.
8 (1) A person convicted of a violation of
9 subsection (a)(1) commits a Class X felony. A person
10 convicted of a violation of subsection (a)(2) commits a
11 Class X felony for which the person shall be sentenced to
12 a term of imprisonment of not less than 50 years and not
13 more than 60 years.
14 (2) A person who is convicted of a second or
15 subsequent offense of predatory criminal sexual assault
16 of a child, or who is convicted of the offense of
17 predatory criminal sexual assault of a child after having
18 previously been convicted of the offense of criminal
19 sexual assault or the offense of aggravated criminal
20 sexual assault, or who is convicted of the offense of
21 predatory criminal sexual assault of a child after having
22 previously been convicted under the laws of this State or
23 any other state of an offense that is substantially
24 equivalent to the offense of predatory criminal sexual
25 assault of a child, the offense of aggravated criminal
26 sexual assault or the offense of criminal sexual assault,
27 shall be sentenced to a term of natural life
28 imprisonment. The commission of the second or subsequent
29 offense is required to have been after the initial
30 conviction for this paragraph (2) to apply.
31 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
32 Section 10. The Unified Code of Corrections is amended
33 by changing Section 5-8-1 as follows:
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1 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
2 Sec. 5-8-1. Sentence of Imprisonment for Felony.
3 (a) Except as otherwise provided in the statute defining
4 the offense, a sentence of imprisonment for a felony shall be
5 a determinate sentence set by the court under this Section,
6 according to the following limitations:
7 (1) for first degree murder,
8 (a) a term shall be not less than 20 years and
9 not more than 60 years, or
10 (b) if the court finds that the murder was
11 accompanied by exceptionally brutal or heinous
12 behavior indicative of wanton cruelty or, except as
13 set forth in subsection (a)(1)(c) of this Section,
14 that any of the aggravating factors listed in
15 subsection (b) of Section 9-1 of the Criminal Code
16 of 1961 are present, the court may sentence the
17 defendant to a term of natural life imprisonment, or
18 (c) the court shall sentence the defendant to
19 a term of natural life imprisonment when the death
20 penalty is not imposed if the defendant,
21 (i) has previously been convicted of
22 first degree murder under any state or federal
23 law, or
24 (ii) is a person who, at the time of the
25 commission of the murder, had attained the age
26 of 17 or more and is found guilty of murdering
27 an individual under 12 years of age; or,
28 irrespective of the defendant's age at the time
29 of the commission of the offense, is found
30 guilty of murdering more than one victim, or
31 (iii) is found guilty of murdering a
32 peace officer or fireman when the peace officer
33 or fireman was killed in the course of
34 performing his official duties, or to prevent
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1 the peace officer or fireman from performing
2 his official duties, or in retaliation for the
3 peace officer or fireman performing his
4 official duties, and the defendant knew or
5 should have known that the murdered individual
6 was a peace officer or fireman, or
7 (iv) is found guilty of murdering an
8 employee of an institution or facility of the
9 Department of Corrections, or any similar local
10 correctional agency, when the employee was
11 killed in the course of performing his official
12 duties, or to prevent the employee from
13 performing his official duties, or in
14 retaliation for the employee performing his
15 official duties, or
16 (v) is found guilty of murdering an
17 emergency medical technician - ambulance,
18 emergency medical technician - intermediate,
19 emergency medical technician - paramedic,
20 ambulance driver or other medical assistance or
21 first aid person while employed by a
22 municipality or other governmental unit when
23 the person was killed in the course of
24 performing official duties or to prevent the
25 person from performing official duties or in
26 retaliation for performing official duties and
27 the defendant knew or should have known that
28 the murdered individual was an emergency
29 medical technician - ambulance, emergency
30 medical technician - intermediate, emergency
31 medical technician - paramedic, ambulance
32 driver, or other medical assistant or first aid
33 personnel, or
34 (vi) is a person who, at the time of the
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1 commission of the murder, had not attained the
2 age of 17, and is found guilty of murdering a
3 person under 12 years of age and the murder is
4 committed during the course of aggravated
5 criminal sexual assault, criminal sexual
6 assault, or aggravated kidnaping.
7 For purposes of clause (v), "emergency medical
8 technician - ambulance", "emergency medical
9 technician - intermediate", "emergency medical
10 technician - paramedic", have the meanings ascribed
11 to them in the Emergency Medical Services (EMS)
12 Systems Act.
13 (1.5) for second degree murder, a term shall be not
14 less than 4 years and not more than 20 years;
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 (2.5) for a person convicted under the
19 circumstances described in paragraph (3) of subsection
20 (b) of Section 12-13, paragraph (2) of subsection (d) of
21 Section 12-14, or paragraph (2) of subsection (b) of
22 Section 12-14.1 of the Criminal Code of 1961, the
23 sentence shall be a term of natural life imprisonment;
24 (3) except as otherwise provided in the statute
25 defining the offense, for a Class X felony, the sentence
26 shall be not less than 6 years and not more than 30
27 years;
28 (4) for a Class 1 felony, other than second degree
29 murder, the sentence shall be not less than 4 years and
30 not more than 15 years;
31 (5) for a Class 2 felony, the sentence shall be not
32 less than 3 years and not more than 7 years;
33 (6) for a Class 3 felony, the sentence shall be not
34 less than 2 years and not more than 5 years;
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1 (7) for a Class 4 felony, the sentence shall be not
2 less than 1 year and not more than 3 years.
3 (b) The sentencing judge in each felony conviction shall
4 set forth his reasons for imposing the particular sentence he
5 enters in the case, as provided in Section 5-4-1 of this
6 Code. Those reasons may include any mitigating or
7 aggravating factors specified in this Code, or the lack of
8 any such circumstances, as well as any other such factors as
9 the judge shall set forth on the record that are consistent
10 with the purposes and principles of sentencing set out in
11 this Code.
12 (c) A motion to reduce a sentence may be made, or the
13 court may reduce a sentence without motion, within 30 days
14 after the sentence is imposed. A defendant's challenge to
15 the correctness of a sentence or to any aspect of the
16 sentencing hearing shall be made by a written motion filed
17 within 30 days following the imposition of sentence.
18 However, the court may not increase a sentence once it is
19 imposed.
20 If a motion filed pursuant to this subsection is timely
21 filed within 30 days after the sentence is imposed, the
22 proponent of the motion shall exercise due diligence in
23 seeking a determination on the motion and the court shall
24 thereafter decide such motion within a reasonable time.
25 If a motion filed pursuant to this subsection is timely
26 filed within 30 days after the sentence is imposed, then for
27 purposes of perfecting an appeal, a final judgment shall not
28 be considered to have been entered until the motion to reduce
29 a sentence has been decided by order entered by the trial
30 court.
31 A motion filed pursuant to this subsection shall not be
32 considered to have been timely filed unless it is filed with
33 the circuit court clerk within 30 days after the sentence is
34 imposed together with a notice of motion, which notice of
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1 motion shall set the motion on the court's calendar on a date
2 certain within a reasonable time after the date of filing.
3 (d) Except where a term of natural life is imposed,
4 every sentence shall include as though written therein a term
5 in addition to the term of imprisonment. For those sentenced
6 under the law in effect prior to February 1, 1978, such term
7 shall be identified as a parole term. For those sentenced on
8 or after February 1, 1978, such term shall be identified as a
9 mandatory supervised release term. Subject to earlier
10 termination under Section 3-3-8, the parole or mandatory
11 supervised release term shall be as follows:
12 (1) for first degree murder or a Class X felony, 3
13 years;
14 (2) for a Class 1 felony or a Class 2 felony, 2
15 years;
16 (3) for a Class 3 felony or a Class 4 felony, 1
17 year.
18 (e) A defendant who has a previous and unexpired
19 sentence of imprisonment imposed by another state or by any
20 district court of the United States and who, after sentence
21 for a crime in Illinois, must return to serve the unexpired
22 prior sentence may have his sentence by the Illinois court
23 ordered to be concurrent with the prior sentence in the other
24 state. The court may order that any time served on the
25 unexpired portion of the sentence in the other state, prior
26 to his return to Illinois, shall be credited on his Illinois
27 sentence. The other state shall be furnished with a copy of
28 the order imposing sentence which shall provide that, when
29 the offender is released from confinement of the other state,
30 whether by parole or by termination of sentence, the offender
31 shall be transferred by the Sheriff of the committing county
32 to the Illinois Department of Corrections. The court shall
33 cause the Department of Corrections to be notified of such
34 sentence at the time of commitment and to be provided with
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1 copies of all records regarding the sentence.
2 (f) A defendant who has a previous and unexpired
3 sentence of imprisonment imposed by an Illinois circuit court
4 for a crime in this State and who is subsequently sentenced
5 to a term of imprisonment by another state or by any district
6 court of the United States and who has served a term of
7 imprisonment imposed by the other state or district court of
8 the United States, and must return to serve the unexpired
9 prior sentence imposed by the Illinois Circuit Court may
10 apply to the court which imposed sentence to have his
11 sentence reduced.
12 The circuit court may order that any time served on the
13 sentence imposed by the other state or district court of the
14 United States be credited on his Illinois sentence. Such
15 application for reduction of a sentence under this
16 subsection (f) shall be made within 30 days after the
17 defendant has completed the sentence imposed by the other
18 state or district court of the United States.
19 (Source: P.A. 88-301; 88-311; 88-433; 88-670, eff. 12-2-94;
20 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 89-462, eff.
21 5-29-96.)