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90_SB0007sam001
SRS90SB0007MJcham01
1 AMENDMENT TO SENATE BILL 7
2 AMENDMENT NO. . Amend Senate Bill 7, with reference
3 to page 1, line 24 by replacing lines 24 through 31 and on
4 page 2, lines 1 through 21 with the following:
5 (2) A person who is convicted of the offense of criminal
6 sexual assault as defined in paragraph (a)(1) or (a)(2) after
7 having previously been convicted of the offense of criminal
8 sexual assault, or who is convicted of the offense of
9 criminal sexual assault as defined in paragraph (a)(1) or
10 (a)(2) after having previously been convicted under the laws
11 of this State or any other state of an offense that is
12 substantially equivalent to the offense of criminal sexual
13 assault, commits a Class X felony for which the person shall
14 be sentenced to a term of imprisonment of not less than 30
15 years and not more than 60 years. The commission of the
16 second or subsequent offense is required to have been after
17 the initial conviction for this paragraph (2) to apply.
18 (3) A person who is convicted of the offense of criminal
19 sexual assault as defined in paragraph (a)(1) or (a)(2) after
20 having previously been convicted of the offense of aggravated
21 criminal sexual assault or the offense of predatory criminal
22 sexual assault of a child, or who is convicted of the offense
23 of criminal sexual assault as defined in paragraph (a)(1) or
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1 (a)(2) after having previously been convicted under the laws
2 of this State or any other state of an offense that is
3 substantially equivalent to the offense of aggravated
4 criminal sexual assault or the offense of criminal predatory
5 sexual assault shall be sentenced to a term of natural life
6 imprisonment. The commission of the second or subsequent
7 offense is required to have been after the initial conviction
8 for this paragraph (3) to apply.
9 (4) A second or subsequent conviction for a violation of
10 paragraph (a)(3) or (a)(4) this Section or under any similar
11 statute of this State or any other state for any offense
12 involving criminal sexual assault that is substantially
13 equivalent to or more serious than the sexual assault
14 prohibited under paragraph (a)(3) or (a)(4) this Section is a
15 Class X felony.
16 (5) When a person has any such prior conviction, the
17 information or indictment charging that person shall state
18 such prior conviction so as to give notice of the State's
19 intention to treat the charge as a Class X felony. The fact
20 of such prior conviction is not an element of the offense and
21 may not be disclosed to the jury during trial unless
22 otherwise permitted by issues properly raised during such
23 trial.; and
24 on page 4, line 7, by inserting after the period the
25 following:
26 "The commission of the second or subsequent offense is
27 required to have been after the initial conviction for this
28 paragraph (2) to apply."; and
29 on page 5, line 11, by inserting after the period the
30 following:
31 "The commission of the second or subsequent offense is
32 required to have been after the initial conviction for this
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1 paragraph (2) to apply.".