102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3584
 
Introduced 2/22/2021, by Rep. Frances Ann Hurley
 
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
 

  
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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 
5changing Sections 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 
16    object fashioned or used in a manner that leads the 
17    victim, under the circumstances, reasonably to believe 
18    that the object is a dangerous weapon;
19        (2) the person causes bodily harm to the victim, 
20    except 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 
2    any 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 
5    (a) 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 
11    felony 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 
20    sexual assault in violation of paragraphs (1) through (10) 
21    of subsection (a) shall be sentenced under Section 
22    5-4.5-105 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 
 
 
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1    offense of
aggravated
criminal sexual assault after having 
2    previously been convicted of the offense
of criminal 
3    sexual assault or the offense of predatory criminal sexual 
4    assault
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 
11    a term of
natural life imprisonment.
The commission of the 
12    second or subsequent offense is required to have been

13    after the initial conviction for this paragraph (2) to 
14    apply. An offender under the age of 18 years at the time of 
15    the commission of the offense covered by this paragraph 
16    (2) shall be sentenced under Section 5-4.5-105 of the 
17    Unified Code of Corrections. 

18(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 
1999-642, eff. 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 
22child. 

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








18    (b) Sentence.

19        (1) A person convicted of a violation of subsection 
20    (a)(1)
commits a Class X felony, for which the person 
21    shall be sentenced to a term of imprisonment of not less 
22    than 11 6 years and not more than 60 years.
A person 
23    convicted of a violation of subsection (a)(2)(A) commits a 
24    Class X
felony for which 15 years shall be added to the 
25    term of imprisonment imposed by
the court. A person 
26    convicted of a violation of subsection (a)(2)(B) commits a

 
 
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1    Class X felony for which 20 years shall be added to the 
2    term of imprisonment
imposed by the court.  A person who 
3    has     attained the age of 18 years at the time of the 
4    commission of the offense and who is convicted of a 
5    violation of subsection (a)(2)(C)
commits a Class X felony 
6    for which the person shall be sentenced to a term of

7    imprisonment of not less than 50 years or up to a term of 
8    natural life
imprisonment. An offender under the age of 18 
9    years at the time of the commission of predatory criminal 
10    sexual assault of a child in violation of subsections 
11    (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be 
12    sentenced under Section 5-4.5-105 of the Unified Code of 
13    Corrections. 

14        (1.1) A person convicted of a violation of subsection 
15    (a)(2)(D) commits a
Class X felony for which the person

16    shall be
sentenced to a
term of imprisonment of not less 
17    than 50 years and not more than 60 years. An offender under 
18    the age of 18 years at the time of the commission of 
19    predatory criminal sexual assault of a child in violation 
20    of subsection (a)(2)(D) shall be sentenced under Section 
21    5-4.5-105 of the Unified Code of Corrections. 

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

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

6        (2) A person who has attained the age of 18 years at 
7    the time of the commission of the offense and who is 
8    convicted of a second or subsequent offense of
predatory 
9    criminal sexual assault of a child, or who is convicted of 
10    the
offense of
predatory criminal sexual assault of a 
11    child after having previously been
convicted of the 
12    offense of criminal sexual assault or the offense of

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

2(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; 
398-903, eff. 8-15-14; 99-69, eff. 1-1-16.)