State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]

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
SB7 Enrolled               -2-                 LRB9000807RCcd
 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
SB7 Enrolled               -3-                 LRB9000807RCcd
 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.
SB7 Enrolled               -4-                 LRB9000807RCcd
 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
SB7 Enrolled               -5-                 LRB9000807RCcd
 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:
SB7 Enrolled               -6-                 LRB9000807RCcd
 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
SB7 Enrolled               -7-                 LRB9000807RCcd
 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
SB7 Enrolled               -8-                 LRB9000807RCcd
 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;
SB7 Enrolled               -9-                 LRB9000807RCcd
 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
SB7 Enrolled               -10-                LRB9000807RCcd
 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
SB7 Enrolled               -11-                LRB9000807RCcd
 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.)

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