Public Act 90-0735 of the 90th General Assembly
Public Act 90-0735
SB1224 Enrolled LRB9007713RCpcA
AN ACT in relation to criminal law, amending named Acts.
WHEREAS, It is the intent of the General Assembly to
prevent the use of controlled substances to commit crimes,
including criminal sexual assault, against people in this
State and the General Assembly has determined to accomplish
this by imposing criminal penalties for that use of
controlled substances; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Sections 12-4, 12-14, 12-14.1, 12-16, 12-18 and 18-5
as follows:
(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally
or knowingly causes great bodily harm, or permanent
disability or disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated
battery if he or she:
(1) Uses a deadly weapon other than by the
discharge of a firearm;
(2) Is hooded, robed or masked, in such manner as
to conceal his identity;
(3) Knows the individual harmed to be a teacher or
other person employed in any school and such teacher or
other employee is upon the grounds of a school or grounds
adjacent thereto, or is in any part of a building used
for school purposes;
(4) Knows the individual harmed to be a supervisor,
director, instructor or other person employed in any park
district and such supervisor, director, instructor or
other employee is upon the grounds of the park or grounds
adjacent thereto, or is in any part of a building used
for park purposes;
(5) Knows the individual harmed to be a caseworker,
investigator, or other person employed by the State
Department of Public Aid, a County Department of Public
Aid, or the Department of Human Services (acting as
successor to the Illinois Department of Public Aid under
the Department of Human Services Act) and such
caseworker, investigator, or other person is upon the
grounds of a public aid office or grounds adjacent
thereto, or is in any part of a building used for public
aid purposes, or upon the grounds of a home of a public
aid applicant, recipient, or any other person being
interviewed or investigated in the employee's discharge
of his duties, or on grounds adjacent thereto, or is in
any part of a building in which the applicant, recipient,
or other such person resides or is located;
(6) Knows the individual harmed to be a peace
officer, a person summoned and directed by a peace
officer, a correctional institution employee, or a
fireman while such officer, employee or fireman is
engaged in the execution of any official duties including
arrest or attempted arrest, or to prevent the officer,
employee or fireman from performing official duties, or
in retaliation for the officer, employee or fireman
performing official duties, and the battery is committed
other than by the discharge of a firearm;
(7) Knows the individual harmed to be an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver or other medical assistance
or first aid personnel engaged in the performance of any
of his or her official duties, or to prevent the
emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel from performing
official duties, or in retaliation for performing
official duties;
(8) Is, or the person battered is, on or about a
public way, public property or public place of
accommodation or amusement;
(9) Knows the individual harmed to be the driver,
operator, employee or passenger of any transportation
facility or system engaged in the business of
transportation of the public for hire and the individual
assaulted is then performing in such capacity or then
using such public transportation as a passenger or using
any area of any description designated by the
transportation facility or system as a vehicle boarding,
departure, or transfer location;
(10) Knowingly and without legal justification and
by any means causes bodily harm to an individual of 60
years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom
the person intended to harm as a result of the judge's
performance of his or her official duties as a judge;
(13) Knows the individual harmed to be an employee
of the Illinois Department of Children and Family
Services engaged in the performance of his authorized
duties as such employee;
(14) Knows the individual harmed to be a person who
is physically handicapped; or
(15) Knowingly and without legal justification and
by any means causes bodily harm to a merchant who detains
the person for an alleged commission of retail theft
under Section 16A-5 of this Code. In this item (15),
"merchant" has the meaning ascribed to it in Section
16A-2.4 of this Code.
For the purpose of paragraph (14) of subsection (b) of
this Section, a physically handicapped person is a person who
suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional
disorder or congenital condition.
(c) A person who administers to an individual or causes
him to take, without his consent or by threat or deception,
and for other than medical purposes, any intoxicating,
poisonous, stupefying, narcotic, or anesthetic, or controlled
substance commits aggravated battery.
(d) A person who knowingly gives to another person any
food that contains any substance or object that is intended
to cause physical injury if eaten, commits aggravated
battery.
(e) Sentence.
Aggravated battery is a Class 3 felony.
(Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98.)
(720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
Sec. 12-14. Aggravated Criminal Sexual Assault.
(a) The accused commits aggravated criminal sexual
assault if he or she commits criminal sexual assault and any
of the following aggravating circumstances existed during, or
for the purposes of paragraph (7) of this subsection (a) as
part of the same course of conduct as, the commission of the
offense:
(1) the accused displayed, threatened to use, or
used a dangerous weapon or any object fashioned or
utilized in such a manner as to lead the victim under the
circumstances reasonably to believe it to be a dangerous
weapon; or
(2) the accused caused bodily harm to the victim;
or
(3) the accused acted in such a manner as to
threaten or endanger the life of the victim or any other
person; or
(4) the criminal sexual assault was perpetrated
during the course of the commission or attempted
commission of any other felony by the accused; or
(5) the victim was 60 years of age or over when the
offense was committed; or
(6) the victim was a physically handicapped person;
or .
(7) the accused delivered (by injection,
inhalation, ingestion, transfer of possession, or any
other means) to the victim without his or her consent, or
by threat or deception, and for other than medical
purposes, any controlled substance.
(b) The accused commits aggravated criminal sexual
assault if the accused was under 17 years of age and (i)
commits an act of sexual penetration with a victim who was
under 9 years of age when the act was committed; or (ii)
commits an act of sexual penetration with a victim who was at
least 9 years of age but under 13 years of age when the act
was committed and the accused used force or threat of force
to commit the act.
(c) The accused commits aggravated criminal sexual
assault if he or she commits an act of sexual penetration
with a victim who was an institutionalized severely or
profoundly mentally retarded person at the time the act was
committed.
(d) Sentence.
(1) Aggravated criminal sexual assault is a Class X
felony.
(2) A person who is convicted of a second or
subsequent offense of aggravated criminal sexual assault,
or who is convicted of the offense of aggravated criminal
sexual assault after having previously been convicted of
the offense of criminal sexual assault or the offense of
predatory criminal sexual assault of a child, or who is
convicted of the offense of aggravated criminal sexual
assault after having previously been convicted under the
laws of this or any other state of an offense that is
substantially equivalent to the offense of criminal
sexual assault, the offense of aggravated criminal sexual
assault or the offense of predatory criminal sexual
assault of a child, shall be sentenced to a term of
natural life imprisonment. The commission of the second
or subsequent offense is required to have been after the
initial conviction for this paragraph (2) to apply.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-396, eff. 1-1-98.)
(720 ILCS 5/12-14.1)
Sec. 12-14.1. Predatory criminal sexual assault of a
child.
(a) The accused commits predatory criminal sexual
assault of a child if:
(1) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed; or
(2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed and
the accused caused great bodily harm to the victim that:
(A) resulted in permanent disability; or
(B) was life threatening; or.
(3) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed and
the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to
the victim without his or her consent, or by threat or
deception, and for other than medical purposes, any
controlled substance.
(b) Sentence.
(1) A person convicted of a violation of subsection
(a)(1) commits a Class X felony. A person convicted of a
violation of subsection (a)(2) or (a) (3) commits a Class
X felony for which the person shall be sentenced to a
term of imprisonment of not less than 50 years and not
more than 60 years.
(2) A person who is convicted of a second or
subsequent offense of predatory criminal sexual assault
of a child, or who is convicted of the offense of
predatory criminal sexual assault of a child after having
previously been convicted of the offense of criminal
sexual assault or the offense of aggravated criminal
sexual assault, or who is convicted of the offense of
predatory criminal sexual assault of a child after having
previously been convicted under the laws of this State or
any other state of an offense that is substantially
equivalent to the offense of predatory criminal sexual
assault of a child, the offense of aggravated criminal
sexual assault or the offense of criminal sexual assault,
shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent
offense is required to have been after the initial
conviction for this paragraph (2) to apply.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-396, eff. 1-1-98.)
(720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
Sec. 12-16. Aggravated Criminal Sexual Abuse.
(a) The accused commits aggravated criminal sexual abuse
if he or she commits criminal sexual abuse as defined in
subsection (a) of Section 12-15 of this Code and any of the
following aggravating circumstances existed during, or for
the purposes of paragraph (7) of this subsection (a) as part
of the same course of conduct as, the commission of the
offense:
(1) the accused displayed, threatened to use or
used a dangerous weapon or any object fashioned or
utilized in such a manner as to lead the victim under the
circumstances reasonably to believe it to be a dangerous
weapon; or
(2) the accused caused bodily harm to the victim;
or
(3) the victim was 60 years of age or over when the
offense was committed; or
(4) the victim was a physically handicapped person;
or
(5) the accused acted in such a manner as to
threaten or endanger the life of the victim or any other
person; or
(6) the criminal sexual abuse was perpetrated
during the course of the commission or attempted
commission of any other felony by the accused; or .
(7) the accused delivered (by injection,
inhalation, ingestion, transfer of possession, or any
other means) to the victim without his or her consent, or
by threat or deception, and for other than medical
purposes, any controlled substance.
(b) The accused commits aggravated criminal sexual abuse
if he or she commits an act of sexual conduct with a victim
who was under 18 years of age when the act was committed and
the accused was a family member.
(c) The accused commits aggravated criminal sexual abuse
if:
(1) the accused was 17 years of age or over and (i)
commits an act of sexual conduct with a victim who was
under 13 years of age when the act was committed; or (ii)
commits an act of sexual conduct with a victim who was at
least 13 years of age but under 17 years of age when the
act was committed and the accused used force or threat of
force to commit the act; or
(2) the accused was under 17 years of age and (i)
commits an act of sexual conduct with a victim who was
under 9 years of age when the act was committed; or (ii)
commits an act of sexual conduct with a victim who was at
least 9 years of age but under 17 years of age when the
act was committed and the accused used force or threat of
force to commit the act.
(d) The accused commits aggravated criminal sexual abuse
if he or she commits an act of sexual penetration or sexual
conduct with a victim who was at least 13 years of age but
under 17 years of age and the accused was at least 5 years
older than the victim.
(e) The accused commits aggravated criminal sexual abuse
if he or she commits an act of sexual conduct with a victim
who was an institutionalized severely or profoundly mentally
retarded person at the time the act was committed.
(f) The accused commits aggravated criminal sexual abuse
if he or she commits an act of sexual conduct with a victim
who was at least 13 years of age but under 18 years of age
when the act was committed and the accused was 17 years of
age or over and held a position of trust, authority or
supervision in relation to the victim.
(g) Sentence. Aggravated criminal sexual abuse is a
Class 2 felony.
(Source: P.A. 88-99; 89-586, eff. 7-31-96.)
(720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
Sec. 12-18. General Provisions.
(a) No person accused of violating Sections 12-13,
12-14, 12-15 or 12-16 of this Code shall be presumed to be
incapable of committing an offense prohibited by Sections
12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
age, physical condition or relationship to the victim, except
as otherwise provided in subsection (c) of this Section.
Nothing in this Section shall be construed to modify or
abrogate the affirmative defense of infancy under Section 6-1
of this Code or the provisions of Section 5-4 of the Juvenile
Court Act of 1987.
(b) Any medical examination or procedure which is
conducted by a physician, nurse, medical or hospital
personnel, parent, or caretaker for purposes and in a manner
consistent with reasonable medical standards is not an
offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
of this Code.
(c) Prosecution of a spouse of a victim under this
subsection for any violation by the victim's spouse of
Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
unless the victim reported such offense to a law enforcement
agency or the State's Attorney's office within 30 days after
the offense was committed, except when the court finds good
cause for the delay.
(d) In addition to the sentences provided for in
Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
Criminal Code of 1961 the Court may order any person who is
convicted of violating any of those Sections to meet all or
any portion of the financial obligations of treatment,
including but not limited to medical, psychiatric,
rehabilitative or psychological treatment, prescribed for the
victim or victims of the offense.
(e) After a finding at a preliminary hearing that there
is probable cause to believe that an accused has committed a
violation of Section 12-13, 12-14, or 12-14.1 of this Code,
or after an indictment is returned charging an accused with a
violation of Section 12-13, 12-14, or 12-14.1 of this Code,
at the request of the person who was the victim of the
violation of Section 12-13, 12-14, or 12-14.1, the
prosecuting State's attorney shall seek an order from the
court to compel the accused to be tested for infection with
human immunodeficiency virus (HIV). The medical test shall
be performed only by appropriately licensed medical
practitioners, and shall consist of an enzyme-linked
immunosorbent assay (ELISA) test, or such other test as may
be approved by the Illinois Department of Public Health; in
the event of a positive result, the Western Blot Assay or a
more reliable confirmatory test shall be administered. The
results of the test shall be kept strictly confidential by
all medical personnel involved in the testing and must be
personally delivered in a sealed envelope to the victim and
to the judge who entered the order, for the judge's
inspection in camera. Acting in accordance with the best
interests of the victim and the public, the judge shall have
the discretion to determine to whom, if anyone, the result of
the testing may be revealed; however, in no case shall the
identity of the victim be disclosed. The court shall order
that the cost of the test shall be paid by the county, and
may be taxed as costs against the accused if convicted.
(f) Whenever any law enforcement officer has reasonable
cause to believe that a person has been delivered a
controlled substance without his or her consent, they shall
advise the victim about seeking medical treatment and
preserving evidence.
(g) In a hospital, whenever any emergency room personnel
has reasonable cause to believe that a person has been
delivered a controlled substance without his or her consent,
personnel designated by the hospital, other than a physician
licensed to practice medicine in all of its branches, shall
provide:
(1) An explanation to the victim about the nature and
effects of commonly used controlled substances and how such
controlled substances are administered.
(2) An offer to the victim of testing for the presence
of such controlled substances.
(3) A disclosure to the victim that all controlled
substances or alcohol ingested by the victim will be
disclosed by the test.
(4) A statement that the test is completely voluntary.
(5) A form for written authorization for sample analysis
of all controlled substances and alcohol ingested by the
victim.
No sample analysis may be performed unless the victim
returns a signed written authorization within 48 hours after
the sample was collected.
Any medical treatment, care, or testing shall only be in
accordance with the order of a physician licensed to practice
medicine in all of its branches.
(Source: P.A. 88-421; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)
(720 ILCS 5/18-5)
Sec. 18-5. Aggravated robbery.
(a) A person commits aggravated robbery when he or she
takes property from the person or presence of another by the
use of force or by threatening the imminent use of force
while indicating verbally or by his or her actions to the
victim that he or she is presently armed with a firearm.
This offense shall be applicable even though it is later
determined that he or she had no firearm in his or her
possession when he or she committed the robbery.
(a-5) A person commits aggravated robbery when he or she
takes property from the person or presence of another by
delivering (by injection, inhalation, ingestion, transfer of
possession, or any other means) to the victim without his or
her consent, or by threat or deception, and for other than
medical purposes, any controlled substance.
(b) Sentence. Aggravated robbery is a Class 1 felony.
(Source: P.A. 88-144; 88-670, eff. 12-2-94.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-7.3 as follows:
(725 ILCS 5/115-7.3)
Sec. 115-7.3. Evidence in certain cases.
(a) This Section applies to criminal cases in which:
(1) the defendant is accused of predatory criminal
sexual assault of a child, aggravated criminal sexual
assault, criminal sexual assault, aggravated criminal
sexual abuse, criminal sexual abuse, or criminal
transmission of HIV;
(2) the defendant is accused of battery or
aggravated battery when the commission of the offense
involves sexual penetration or sexual conduct as defined
in Section 12-12 of the Criminal Code of 1961; or
(3) the defendant is tried or retried for any of
the offenses formerly known as rape, deviate sexual
assault, indecent liberties with a child, or aggravated
indecent liberties with a child.
(b) If the defendant is accused of an offense set forth
in paragraph (1) or (2) of subsection (a) or the defendant is
tried or retried for any of the offenses set forth in
paragraph (3) of subsection (a), evidence of the defendant's
commission of another offense or offenses set forth in
paragraph (1), (2), or (3) of subsection (a), or evidence to
rebut that proof or an inference from that proof, may be
admissible (if that evidence is otherwise admissible under
the rules of evidence) and may be considered for its bearing
on any matter to which it is relevant.
(c) In weighing the probative value of the evidence
against undue prejudice to the defendant, the court may
consider:
(1) the proximity in time to the charged or
predicate offense;
(2) the degree of factual similarity to the charged
or predicate offense; or
(3) other relevant facts and circumstances.
(d) In a criminal case in which the prosecution intends
to offer evidence under this Section, it must disclose the
evidence, including statements of witnesses or a summary of
the substance of any testimony, at a reasonable time in
advance of trial, or during trial if the court excuses
pretrial notice on good cause shown.
(e) In a criminal case in which evidence is offered
under this Section, proof may be made by specific instances
of conduct, testimony as to reputation, or testimony in the
form of an expert opinion, except that the prosecution may
offer reputation testimony only after the opposing party has
offered that testimony.
(f) In prosecutions for a violation of Section 10-2,
12-4, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the
Criminal Code of 1961, involving the involuntary delivery of
a controlled substance to a victim, no inference may be made
about the fact that a victim did not consent to a test for
the presence of controlled substances.
(Source: P.A. 90-132, eff. 1-1-98.)
Section 95. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.