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90_SB0007
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
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 a second or
25 subsequent offense of criminal sexual assault as defined
26 in paragraph (a)(1) or (a)(2), or who is convicted of the
27 offense of criminal sexual assault after having
28 previously been convicted of the offense of aggravated
29 criminal sexual assault or the offense of predatory
30 criminal sexual assault of a child, or who is convicted
31 of the offense of criminal sexual assault after having
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1 previously been convicted under the laws of this State or
2 any other state of an offense that is substantially
3 equivalent to the offense of criminal sexual assault, the
4 offense of aggravated criminal sexual assault or the
5 offense of predatory criminal sexual assault of a child,
6 shall be sentenced to a term of natural life
7 imprisonment. A second or subsequent conviction for a
8 violation of paragraph (a)(3) or (a)(4) this Section or
9 under any similar statute of this State or any other
10 state for any offense involving criminal sexual assault
11 that is substantially equivalent to or more serious than
12 the sexual assault prohibited under paragraph (a)(3) or
13 (a)(4) this Section is a Class X felony. When a person
14 has any such prior conviction, the information or
15 indictment charging that person shall state such prior
16 conviction so as to give notice of the State's intention
17 to treat the charge as a Class X felony. The fact of
18 such prior conviction is not an element of the offense
19 and may not be disclosed to the jury during trial unless
20 otherwise permitted by issues properly raised during such
21 trial.
22 (Source: P.A. 85-1440.)
23 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
24 Sec. 12-14. Aggravated Criminal Sexual Assault.
25 (a) The accused commits aggravated criminal sexual
26 assault if he or she commits criminal sexual assault and any
27 of the following aggravating circumstances existed during the
28 commission of the offense:
29 (1) the accused displayed, threatened to use, or
30 used a dangerous weapon or any object fashioned or
31 utilized in such a manner as to lead the victim under the
32 circumstances reasonably to believe it to be a dangerous
33 weapon; or
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1 (2) the accused caused bodily harm to the victim;
2 or
3 (3) the accused acted in such a manner as to
4 threaten or endanger the life of the victim or any other
5 person; or
6 (4) the criminal sexual assault was perpetrated
7 during the course of the commission or attempted
8 commission of any other felony by the accused; or
9 (5) the victim was 60 years of age or over when the
10 offense was committed; or
11 (6) the victim was a physically handicapped person.
12 (b) The accused commits aggravated criminal sexual
13 assault if the accused was under 17 years of age and (i)
14 commits an act of sexual penetration with a victim who was
15 under 9 years of age when the act was committed; or (ii)
16 commits an act of sexual penetration with a victim who was at
17 least 9 years of age but under 13 years of age when the act
18 was committed and the accused used force or threat of force
19 to commit the act.
20 (c) The accused commits aggravated criminal sexual
21 assault if he or she commits an act of sexual penetration
22 with a victim who was an institutionalized severely or
23 profoundly mentally retarded person at the time the act was
24 committed.
25 (d) Sentence.
26 (1) Aggravated criminal sexual assault is a Class
27 X felony.
28 (2) A person who is convicted of a second or
29 subsequent offense of aggravated criminal sexual assault,
30 or who is convicted of the offense of aggravated criminal
31 sexual assault after having previously been convicted of
32 the offense of criminal sexual assault or the offense of
33 predatory criminal sexual assault of a child, or who is
34 convicted of the offense of aggravated criminal sexual
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1 assault after having previously been convicted under the
2 laws of this or any other state of an offense that is
3 substantially equivalent to the offense of criminal
4 sexual assault, the offense of aggravated criminal sexual
5 assault or the offense of predatory criminal sexual
6 assault of a child, shall be sentenced to a term of
7 natural life imprisonment.
8 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
9 (720 ILCS 5/12-14.1)
10 Sec. 12-14.1. Predatory criminal sexual assault of a
11 child.
12 (a) The accused commits predatory criminal sexual
13 assault of a child if:
14 (1) the accused was 17 years of age or over and
15 commits an act of sexual penetration with a victim who
16 was under 13 years of age when the act was committed; or
17 (2) the accused was 17 years of age or over and
18 commits an act of sexual penetration with a victim who
19 was under 13 years of age when the act was committed and
20 the accused caused great bodily harm to the victim that:
21 (A) resulted in permanent disability; or
22 (B) was life threatening.
23 (b) Sentence.
24 (1) A person convicted of a violation of
25 subsection (a)(1) commits a Class X felony. A person
26 convicted of a violation of subsection (a)(2) commits a
27 Class X felony for which the person shall be sentenced to
28 a term of imprisonment of not less than 50 years and not
29 more than 60 years.
30 (2) A person who is convicted of a second or
31 subsequent offense of predatory criminal sexual assault
32 of a child, or who is convicted of the offense of
33 predatory criminal sexual assault of a child after having
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1 previously been convicted of the offense of criminal
2 sexual assault or the offense of aggravated criminal
3 sexual assault, or who is convicted of the offense of
4 predatory criminal sexual assault of a child after having
5 previously been convicted under the laws of this State or
6 any other state of an offense that is substantially
7 equivalent to the offense of predatory criminal sexual
8 assault of a child, the offense of aggravated criminal
9 sexual assault or the offense of criminal sexual assault,
10 shall be sentenced to a term of natural life
11 imprisonment.
12 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
13 Section 10. The Unified Code of Corrections is amended
14 by changing Section 5-8-1 as follows:
15 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
16 Sec. 5-8-1. Sentence of Imprisonment for Felony.
17 (a) Except as otherwise provided in the statute defining
18 the offense, a sentence of imprisonment for a felony shall be
19 a determinate sentence set by the court under this Section,
20 according to the following limitations:
21 (1) for first degree murder,
22 (a) a term shall be not less than 20 years and
23 not more than 60 years, or
24 (b) if the court finds that the murder was
25 accompanied by exceptionally brutal or heinous
26 behavior indicative of wanton cruelty or, except as
27 set forth in subsection (a)(1)(c) of this Section,
28 that any of the aggravating factors listed in
29 subsection (b) of Section 9-1 of the Criminal Code
30 of 1961 are present, the court may sentence the
31 defendant to a term of natural life imprisonment, or
32 (c) the court shall sentence the defendant to
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1 a term of natural life imprisonment when the death
2 penalty is not imposed if the defendant,
3 (i) has previously been convicted of
4 first degree murder under any state or federal
5 law, or
6 (ii) is a person who, at the time of the
7 commission of the murder, had attained the age
8 of 17 or more and is found guilty of murdering
9 an individual under 12 years of age; or,
10 irrespective of the defendant's age at the time
11 of the commission of the offense, is found
12 guilty of murdering more than one victim, or
13 (iii) is found guilty of murdering a
14 peace officer or fireman when the peace officer
15 or fireman was killed in the course of
16 performing his official duties, or to prevent
17 the peace officer or fireman from performing
18 his official duties, or in retaliation for the
19 peace officer or fireman performing his
20 official duties, and the defendant knew or
21 should have known that the murdered individual
22 was a peace officer or fireman, or
23 (iv) is found guilty of murdering an
24 employee of an institution or facility of the
25 Department of Corrections, or any similar local
26 correctional agency, when the employee was
27 killed in the course of performing his official
28 duties, or to prevent the employee from
29 performing his official duties, or in
30 retaliation for the employee performing his
31 official duties, or
32 (v) is found guilty of murdering an
33 emergency medical technician - ambulance,
34 emergency medical technician - intermediate,
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1 emergency medical technician - paramedic,
2 ambulance driver or other medical assistance or
3 first aid person while employed by a
4 municipality or other governmental unit when
5 the person was killed in the course of
6 performing official duties or to prevent the
7 person from performing official duties or in
8 retaliation for performing official duties and
9 the defendant knew or should have known that
10 the murdered individual was an emergency
11 medical technician - ambulance, emergency
12 medical technician - intermediate, emergency
13 medical technician - paramedic, ambulance
14 driver, or other medical assistant or first aid
15 personnel, or
16 (vi) is a person who, at the time of the
17 commission of the murder, had not attained the
18 age of 17, and is found guilty of murdering a
19 person under 12 years of age and the murder is
20 committed during the course of aggravated
21 criminal sexual assault, criminal sexual
22 assault, or aggravated kidnaping.
23 For purposes of clause (v), "emergency medical
24 technician - ambulance", "emergency medical
25 technician - intermediate", "emergency medical
26 technician - paramedic", have the meanings ascribed
27 to them in the Emergency Medical Services (EMS)
28 Systems Act.
29 (1.5) for second degree murder, a term shall be not
30 less than 4 years and not more than 20 years;
31 (2) for a person adjudged a habitual criminal under
32 Article 33B of the Criminal Code of 1961, as amended, the
33 sentence shall be a term of natural life imprisonment;.
34 (2.5) for a person convicted under the
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1 circumstances described in paragraph (2) of subsection
2 (b) of Section 12-13, paragraph (2) of subsection (d) of
3 Section 12-14, or paragraph (2) of subsection (b) of
4 Section 12-14.1 of the Criminal Code of 1961, the
5 sentence shall be a term of natural life imprisonment;
6 (3) except as otherwise provided in the statute
7 defining the offense, for a Class X felony, the sentence
8 shall be not less than 6 years and not more than 30
9 years;
10 (4) for a Class 1 felony, other than second degree
11 murder, the sentence shall be not less than 4 years and
12 not more than 15 years;
13 (5) for a Class 2 felony, the sentence shall be not
14 less than 3 years and not more than 7 years;
15 (6) for a Class 3 felony, the sentence shall be not
16 less than 2 years and not more than 5 years;
17 (7) for a Class 4 felony, the sentence shall be not
18 less than 1 year and not more than 3 years.
19 (b) The sentencing judge in each felony conviction shall
20 set forth his reasons for imposing the particular sentence he
21 enters in the case, as provided in Section 5-4-1 of this
22 Code. Those reasons may include any mitigating or
23 aggravating factors specified in this Code, or the lack of
24 any such circumstances, as well as any other such factors as
25 the judge shall set forth on the record that are consistent
26 with the purposes and principles of sentencing set out in
27 this Code.
28 (c) A motion to reduce a sentence may be made, or the
29 court may reduce a sentence without motion, within 30 days
30 after the sentence is imposed. A defendant's challenge to
31 the correctness of a sentence or to any aspect of the
32 sentencing hearing shall be made by a written motion filed
33 within 30 days following the imposition of sentence.
34 However, the court may not increase a sentence once it is
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1 imposed.
2 If a motion filed pursuant to this subsection is timely
3 filed within 30 days after the sentence is imposed, the
4 proponent of the motion shall exercise due diligence in
5 seeking a determination on the motion and the court shall
6 thereafter decide such motion within a reasonable time.
7 If a motion filed pursuant to this subsection is timely
8 filed within 30 days after the sentence is imposed, then for
9 purposes of perfecting an appeal, a final judgment shall not
10 be considered to have been entered until the motion to reduce
11 a sentence has been decided by order entered by the trial
12 court.
13 A motion filed pursuant to this subsection shall not be
14 considered to have been timely filed unless it is filed with
15 the circuit court clerk within 30 days after the sentence is
16 imposed together with a notice of motion, which notice of
17 motion shall set the motion on the court's calendar on a date
18 certain within a reasonable time after the date of filing.
19 (d) Except where a term of natural life is imposed,
20 every sentence shall include as though written therein a term
21 in addition to the term of imprisonment. For those sentenced
22 under the law in effect prior to February 1, 1978, such term
23 shall be identified as a parole term. For those sentenced on
24 or after February 1, 1978, such term shall be identified as a
25 mandatory supervised release term. Subject to earlier
26 termination under Section 3-3-8, the parole or mandatory
27 supervised release term shall be as follows:
28 (1) for first degree murder or a Class X felony, 3
29 years;
30 (2) for a Class 1 felony or a Class 2 felony, 2
31 years;
32 (3) for a Class 3 felony or a Class 4 felony, 1
33 year.
34 (e) A defendant who has a previous and unexpired
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1 sentence of imprisonment imposed by another state or by any
2 district court of the United States and who, after sentence
3 for a crime in Illinois, must return to serve the unexpired
4 prior sentence may have his sentence by the Illinois court
5 ordered to be concurrent with the prior sentence in the other
6 state. The court may order that any time served on the
7 unexpired portion of the sentence in the other state, prior
8 to his return to Illinois, shall be credited on his Illinois
9 sentence. The other state shall be furnished with a copy of
10 the order imposing sentence which shall provide that, when
11 the offender is released from confinement of the other state,
12 whether by parole or by termination of sentence, the offender
13 shall be transferred by the Sheriff of the committing county
14 to the Illinois Department of Corrections. The court shall
15 cause the Department of Corrections to be notified of such
16 sentence at the time of commitment and to be provided with
17 copies of all records regarding the sentence.
18 (f) A defendant who has a previous and unexpired
19 sentence of imprisonment imposed by an Illinois circuit court
20 for a crime in this State and who is subsequently sentenced
21 to a term of imprisonment by another state or by any district
22 court of the United States and who has served a term of
23 imprisonment imposed by the other state or district court of
24 the United States, and must return to serve the unexpired
25 prior sentence imposed by the Illinois Circuit Court may
26 apply to the court which imposed sentence to have his
27 sentence reduced.
28 The circuit court may order that any time served on the
29 sentence imposed by the other state or district court of the
30 United States be credited on his Illinois sentence. Such
31 application for reduction of a sentence under this
32 subsection (f) shall be made within 30 days after the
33 defendant has completed the sentence imposed by the other
34 state or district court of the United States.
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1 (Source: P.A. 88-301; 88-311; 88-433; 88-670, eff. 12-2-94;
2 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 89-462, eff.
3 5-29-96.)