97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1203

 

Introduced 02/08/11, by Rep. Daniel V. Beiser

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-14  from Ch. 38, par. 12-14

    Amends the Criminal Code of 1961. Provides that aggravated criminal sexual assault when 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 is a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court (rather than a Class X felony). Provides that in addition to any other penalties imposed for aggravated criminal sexual assault, the court may add up to 25 years to the sentence if a sexually transmitted disease was transmitted from the accused to the victim during the commission of the offense.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1203LRB097 07259 RLC 47368 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 12-14 as follows:
 
6    (720 ILCS 5/12-14)  (from Ch. 38, par. 12-14)
7    Sec. 12-14. Aggravated Criminal Sexual Assault.
8    (a) The accused commits aggravated criminal sexual assault
9if he or she commits criminal sexual assault and any of the
10following aggravating circumstances existed during, or for the
11purposes of paragraph (7) of this subsection (a) as part of the
12same course of conduct as, the commission of the offense:
13        (1) the accused displayed, threatened to use, or used a
14    dangerous weapon, other than a firearm, or any object
15    fashioned or utilized in such a manner as to lead the
16    victim under the circumstances reasonably to believe it to
17    be a dangerous weapon; or
18        (2) the accused caused bodily harm, except as provided
19    in subsection (a)(10), to the victim; or
20        (3) the accused acted in such a manner as to threaten
21    or endanger the life of the victim or any other person; or
22        (4) the criminal sexual assault was perpetrated during
23    the course of the commission or attempted commission of any

 

 

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1    other felony by the accused; or
2        (5) the victim was 60 years of age or over when the
3    offense was committed; or
4        (6) the victim was a physically handicapped person; or
5        (7) the accused delivered (by injection, inhalation,
6    ingestion, transfer of possession, or any other means) to
7    the victim without his or her consent, or by threat or
8    deception, and for other than medical purposes, any
9    controlled substance; or
10        (8) the accused was armed with a firearm; or
11        (9) the accused personally discharged a firearm during
12    the commission of the offense; or
13        (10) the accused, during the commission of the offense,
14    personally discharged a firearm that proximately caused
15    great bodily harm, permanent disability, permanent
16    disfigurement, or death to another person.
17    (b) The accused commits aggravated criminal sexual assault
18if the accused was under 17 years of age and (i) commits an act
19of sexual penetration with a victim who was under 9 years of
20age when the act was committed; or (ii) commits an act of
21sexual penetration with a victim who was at least 9 years of
22age but under 13 years of age when the act was committed and
23the accused used force or threat of force to commit the act.
24    (c) The accused commits aggravated criminal sexual assault
25if he or she commits an act of sexual penetration with a victim
26who was a severely or profoundly mentally retarded person at

 

 

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1the time the act was committed.
2    (d) Sentence.
3        (1) Aggravated criminal sexual assault in violation of
4    paragraph (2), (3), (4), (5), or (6), or (7) of subsection
5    (a) or in violation of subsection (b) or (c) is a Class X
6    felony. A violation of subsection (a)(1) or (a)(7) is a
7    Class X felony for which 10 years shall be added to the
8    term of imprisonment imposed by the court. A violation of
9    subsection (a)(8) is a Class X felony for which 15 years
10    shall be added to the term of imprisonment imposed by the
11    court. A violation of subsection (a)(9) is a Class X felony
12    for which 20 years shall be added to the term of
13    imprisonment imposed by the court. A violation of
14    subsection (a)(10) is a Class X felony for which 25 years
15    or up to a term of natural life imprisonment shall be added
16    to the term of imprisonment imposed by the court. In
17    addition to any other penalties imposed for aggravated
18    criminal sexual assault, the court may add up to 25 years
19    to the sentence if a sexually transmitted disease was
20    transmitted from the accused to the victim during the
21    commission of the offense.
22        (2) A person who is convicted of a second or subsequent
23    offense of aggravated criminal sexual assault, or who is
24    convicted of the offense of aggravated criminal sexual
25    assault after having previously been convicted of the
26    offense of criminal sexual assault or the offense of

 

 

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1    predatory criminal sexual assault of a child, or who is
2    convicted of the offense of aggravated criminal sexual
3    assault after having previously been convicted under the
4    laws of this or any other state of an offense that is
5    substantially equivalent to the offense of criminal sexual
6    assault, the offense of aggravated criminal sexual assault
7    or the offense of predatory criminal sexual assault of a
8    child, shall be sentenced to a term of natural life
9    imprisonment. The commission of the second or subsequent
10    offense is required to have been after the initial
11    conviction for this paragraph (2) to apply.
12(Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502,
13eff. 12-19-01; 92-721, eff. 1-1-03.)