100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0351
 
Introduced , by Rep. David McSweeney
 
SYNOPSIS AS INTRODUCED:
 

 
  
720 ILCS 5/11-1.30  was 720 ILCS 5/12-14
720 ILCS 5/11-1.40  was 720 ILCS 5/12-14.1

     Amends the Criminal Code of 2012.  Provides that the sentence for aggravated criminal sexual assault, which does not otherwise provide for an enhanced penalty, is a Class X felony for which 5 years shall
be added to the term of imprisonment imposed by the court.  Provides that  the sentence for  predatory criminal sexual assault of a child, which does not otherwise provide for an enhanced penalty,  is a Class X felony with a minimum term of imprisonment of 11 (rather than 6) years.
  


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB0351LRB100 04317 RLC 14323 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 2012 is amended  by changing 
5Sections 11-1.30 and 11-1.40 as follows:
 

6    (720 ILCS 5/11-1.30)  (was 720 ILCS 5/12-14)

7    Sec. 11-1.30. Aggravated Criminal Sexual Assault. 

8    (a) A person commits aggravated criminal sexual assault if 
9that person commits criminal sexual assault and any of the 
10following aggravating circumstances exist during the 
11commission of the offense or, for purposes of paragraph (7), 
12occur as part of the same course of conduct as the commission 
13of the offense:
14        (1) the person displays, threatens to use, or uses a 
15    dangerous weapon, other than a firearm, or any other object 
16    fashioned or used in a manner that leads the victim, under 
17    the circumstances, reasonably to believe that the object is 
18    a dangerous weapon;
19        (2) the person causes bodily harm to the victim, except 
20    as provided in paragraph (10);
21        (3) the person acts in a manner that threatens or 
22    endangers the life of the victim or any other person;
23        (4) the person commits the criminal sexual assault 
 
 
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1    during the course of committing or attempting to commit any 
2    other felony;
3        (5) the victim is 60 years of age or older;
4        (6) the victim is a person with a physical disability;
5        (7) the person delivers (by injection, inhalation, 
6    ingestion, transfer of possession, or any other means) any 
7    controlled substance to the victim without the victim's 
8    consent or by threat or deception for other than medical 
9    purposes;
10        (8) the person is armed with a firearm;
11        (9) the person personally discharges a firearm during 
12    the commission of the offense; or
13        (10) the person personally discharges a firearm during 
14    the commission of the offense, and that discharge 
15    proximately causes great bodily harm, permanent 
16    disability, permanent disfigurement, or death to another 
17    person.











18    (b) A person commits aggravated criminal sexual assault if

19that person is under 17 years of age and: (i) commits an act of

20sexual penetration with a victim who is under 9 years of age; 
21or (ii) commits an act of sexual penetration with a victim
who 
22is at least 9 years of age but under 13 years of age and  the 
23person uses force or threat of force to commit the act.

24    (c) A person commits aggravated criminal sexual assault if 
25that person commits an act of sexual penetration with a victim 
26who is a person with a severe or profound intellectual 
 
 
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1disability.

2    (d) Sentence.

3        (1) Aggravated criminal sexual assault in violation of 
4    paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) 
5    or in violation of
subsection (b) or
(c) is a Class X 
6    felony for which 5 years shall
be added to the term of 
7    imprisonment imposed by the court.
A violation of 
8    subsection (a)(1) is a Class X felony for which 10 years 
9    shall
be added to the term of imprisonment imposed by the 
10    court. A violation of
subsection (a)(8) is a Class X felony 
11    for which 15 years shall be added to the
term of 
12    imprisonment imposed by the court.  A violation of

13    subsection (a)(9) is a Class X felony for which 20 years 
14    shall be added to the
term of imprisonment imposed by the 
15    court. A violation of subsection (a)(10) is
a Class X 
16    felony for which 25 years or up to a term of natural life

17    imprisonment shall be added to
the term of imprisonment 
18    imposed by the court. An offender under the age of 18 years 
19    at the time of the commission of aggravated criminal sexual 
20    assault in violation of paragraphs (1) through (10) of 
21    subsection (a) shall be sentenced under Section 5-4.5-105 
22    of the Unified Code of Corrections. 

23        (2) A person who has attained the age of 18 years at 
24    the time of the commission of the offense and who is 
25    convicted of a second or subsequent offense of
aggravated 
26    criminal sexual assault, or who is convicted of the offense 
 
 
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1    of
aggravated
criminal sexual assault after having 
2    previously been convicted of the offense
of criminal sexual 
3    assault or the offense of predatory criminal sexual assault

4    of a child, or who is convicted of the offense of 
5    aggravated criminal sexual
assault after having previously 
6    been convicted under the laws of this or any
other state of 
7    an offense that is substantially equivalent to the offense 
8    of
criminal sexual
assault, the offense of aggravated 
9    criminal sexual assault or the offense of
predatory 
10    criminal sexual assault of a child, shall be sentenced to a 
11    term of
natural life imprisonment.
The commission of the 
12    second or subsequent offense is required to have been
after 
13    the initial conviction for this paragraph (2) to apply. An 
14    offender under the age of 18 years at the time of the 
15    commission of the offense covered by this paragraph (2) 
16    shall be sentenced under Section 5-4.5-105 of the Unified 
17    Code of Corrections. 

18(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, 
19eff. 7-28-16.)

 


20    (720 ILCS 5/11-1.40)
  (was 720 ILCS 5/12-14.1)


21    Sec. 11-1.40. Predatory criminal sexual assault of a child. 

22    (a) A person commits predatory criminal sexual assault of a 
23child if that person is 17 years of age or older, and commits 
24an act of contact, however slight, between the sex organ or 
25anus of one person and the part of the body of another for the 
 
 
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1purpose of sexual gratification or arousal of the victim or the 
2accused, or an act of sexual penetration, and:
3        (1) the victim is under 13 years of age; or
4        (2) the victim is under 13 years of age and that 
5    person:
6            (A) is armed with a firearm;
7            (B) personally discharges a firearm during the 
8        commission of the offense;
9            (C) causes great bodily harm to the victim that:
10                (i) results in permanent disability; or
11                (ii) is life threatening; or
12            (D) delivers (by injection, inhalation, ingestion, 
13        transfer of possession, or any other means) any 
14        controlled substance to the victim without the 
15        victim's consent or by threat or deception, for other 
16        than medical purposes.








17    (b) Sentence.

18        (1) A person convicted of a violation of subsection 
19    (a)(1)
commits a Class X felony, for which the person shall 
20    be sentenced to a term of imprisonment of not less than 11 
21    6 years and not more than 60 years.
A person convicted of a 
22    violation of subsection (a)(2)(A) commits a Class X
felony 
23    for which 15 years shall be added to the term of 
24    imprisonment imposed by
the court. A person convicted of a 
25    violation of subsection (a)(2)(B) commits a
Class X felony 
26    for which 20 years shall be added to the term of 
 
 
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1    imprisonment
imposed by the court.  A person who has     
2    attained the age of 18 years at the time of the commission 
3    of the offense and who is convicted of a violation of 
4    subsection (a)(2)(C)
commits a Class X felony for which the 
5    person shall be sentenced to a term of
imprisonment of not 
6    less than 50 years or up to a term of natural life

7    imprisonment. An offender under the age of 18 years at the 
8    time of the commission of predatory criminal sexual assault 
9    of a child in violation of subsections (a)(1), (a)(2)(A), 
10    (a)(2)(B), and (a)(2)(C) shall be sentenced under Section 
11    5-4.5-105 of the Unified Code of Corrections. 

12        (1.1) A person convicted of a violation of subsection 
13    (a)(2)(D) commits a
Class X felony for which the person

14    shall be
sentenced to a
term of imprisonment of not less 
15    than 50 years and not more than 60 years. An offender under 
16    the age of 18 years at the time of the commission of 
17    predatory criminal sexual assault of a child in violation 
18    of subsection (a)(2)(D) shall be sentenced under Section 
19    5-4.5-105 of the Unified Code of Corrections. 

20        (1.2) A person who has attained the age of 18 years at 
21    the time of the commission of the offense and convicted of 
22    predatory criminal sexual assault of a child
committed

23    against 2 or more persons regardless of whether the 
24    offenses occurred as the
result of the same act or of 
25    several related or unrelated acts shall be
sentenced to a 
26    term of natural life imprisonment and an offender under the 
 
 
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1    age of 18 years at the time of the commission of the 
2    offense shall be sentenced under Section 5-4.5-105 of the 
3    Unified Code of Corrections.

4        (2) A person who has attained the age of 18 years at 
5    the time of the commission of the offense and who is 
6    convicted of a second or subsequent offense of
predatory 
7    criminal sexual assault of a child, or who is convicted of 
8    the
offense of
predatory criminal sexual assault of a child 
9    after having previously been
convicted of the offense of 
10    criminal sexual assault or the offense of
aggravated 
11    criminal sexual assault, or who is convicted of the offense 
12    of
predatory criminal sexual assault of a child after 
13    having previously been
convicted under the laws of this 
14    State
or any other state of an offense that is 
15    substantially equivalent to the
offense
of predatory 
16    criminal sexual assault of a child, the offense of 
17    aggravated
criminal sexual assault or the offense of 
18    criminal sexual assault, shall be
sentenced to a term of 
19    natural life imprisonment.
The commission of the second or 
20    subsequent offense is required to have been
after the 
21    initial conviction for this paragraph (2) to apply. An 
22    offender under the age of 18 years at the time of the 
23    commission of the offense covered by this paragraph (2) 
24    shall be sentenced under Section 5-4.5-105 of the Unified 
25    Code of Corrections. 

26(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; 
 
 
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198-903, eff. 8-15-14; 99-69, eff. 1-1-16.)