Sen. John F. Curran
Filed: 4/7/2021
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1 | AMENDMENT TO SENATE BILL 1896
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2 | AMENDMENT NO. ______. Amend Senate Bill 1896 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Sections 11-1.50 and 11-1.60 as follows:
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6 | (720 ILCS 5/11-1.50) (was 720 ILCS 5/12-15)
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7 | Sec. 11-1.50. Criminal sexual abuse.
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8 | (a) A person commits criminal sexual abuse if that person:
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9 | (1) commits an act of sexual conduct by the use of | ||||||
10 | force or threat of
force; or
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11 | (2) commits an act of sexual conduct and knows that | ||||||
12 | the victim is unable to understand the nature of the act or
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13 | is unable to give knowing consent.
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14 | (b) A person commits criminal sexual abuse if
that person | ||||||
15 | is under 17 years of age and commits an act of sexual
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16 | penetration or sexual conduct with a victim who is at least 9 |
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1 | years of age
but under 17 years of age.
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2 | (c) A person commits criminal sexual abuse if that person | ||||||
3 | commits an
act of sexual penetration or sexual conduct with a | ||||||
4 | victim who is at least
13 years of age but under 17 years of | ||||||
5 | age and the person is less than 5
years older than the victim.
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6 | (c-5) A person commits criminal sexual abuse if he or she | ||||||
7 | commits an act of sexual conduct with a victim who is at least | ||||||
8 | 18 years of age but under 21 years of age when the act was | ||||||
9 | committed and who is a student attending classes at a public or | ||||||
10 | private secondary school and the accused held a position of | ||||||
11 | trust, authority, or supervision in relation to the victim at | ||||||
12 | the same school. | ||||||
13 | (d) Sentence. Criminal sexual abuse
for a violation of | ||||||
14 | subsection (b) or
(c) of this Section
is a Class A misdemeanor.
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15 | Criminal sexual abuse for a violation of paragraph (1) or (2)
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16 | of subsection (a) or (c-5) of this Section is a Class 4 felony.
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17 | A second
or subsequent conviction
for a violation of | ||||||
18 | subsection (a) of this Section is a Class 2 felony.
For | ||||||
19 | purposes of this
Section it is a second or subsequent | ||||||
20 | conviction if
the accused has at any
time been convicted under | ||||||
21 | this Section or under any similar statute of this
State or any | ||||||
22 | other state for any offense involving sexual abuse or sexual
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23 | assault that is substantially equivalent to or more serious | ||||||
24 | than the sexual
abuse prohibited under this Section.
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25 | (Source: P.A. 96-1551, eff. 7-1-11 .)
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1 | (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
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2 | Sec. 11-1.60. Aggravated criminal sexual abuse.
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3 | (a) A person commits aggravated criminal sexual abuse if | ||||||
4 | that person commits criminal sexual abuse and any of the | ||||||
5 | following aggravating circumstances exist (i) during the | ||||||
6 | commission of the offense or (ii) for purposes of paragraph | ||||||
7 | (7), as part of the same course of conduct as the commission of | ||||||
8 | the offense: | ||||||
9 | (1) the person displays, threatens to use, or uses a | ||||||
10 | dangerous weapon or any other object fashioned or used in | ||||||
11 | a manner that leads the victim, under the circumstances, | ||||||
12 | reasonably to believe that the object is a dangerous | ||||||
13 | weapon; | ||||||
14 | (2) the person causes bodily harm to the victim; | ||||||
15 | (3) the victim is 60 years of age or older; | ||||||
16 | (4) the victim is a person with a physical disability; | ||||||
17 | (5) the person acts in a manner that threatens or | ||||||
18 | endangers the life of the victim or any other person; | ||||||
19 | (6) the person commits the criminal sexual abuse | ||||||
20 | during the course of committing or attempting to commit | ||||||
21 | any other felony; or | ||||||
22 | (7) the person delivers (by injection, inhalation, | ||||||
23 | ingestion, transfer of possession, or any other means) any | ||||||
24 | controlled substance to the victim for other than medical | ||||||
25 | purposes without the victim's consent or by threat or | ||||||
26 | deception.
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1 | (b) A person commits aggravated criminal sexual abuse if | ||||||
2 | that person
commits an act of sexual conduct with a victim who | ||||||
3 | is under 18
years of age
and the person is a family member.
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4 | (c) A person commits aggravated criminal sexual abuse if:
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5 | (1) that person is 17 years of age or over and: (i) | ||||||
6 | commits an act of
sexual
conduct with a victim who is under | ||||||
7 | 13 years of age; or
(ii) commits an act of sexual conduct | ||||||
8 | with a victim who is at least 13
years of age but under 17 | ||||||
9 | years of age and the
person uses force or threat of force | ||||||
10 | to commit the act; or
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11 | (2) that person is under 17 years of age and: (i) | ||||||
12 | commits an act of
sexual conduct with a victim who is under | ||||||
13 | 9 years of age; or (ii) commits an act of sexual conduct | ||||||
14 | with a victim who is
at least 9 years of age but under 17 | ||||||
15 | years of age and the person uses force or threat of force | ||||||
16 | to commit the act.
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17 | (d) A person commits aggravated criminal sexual abuse if | ||||||
18 | that person
commits an act of sexual penetration or sexual | ||||||
19 | conduct with a victim
who is at least 13
years of age but under | ||||||
20 | 17 years of age and the person is at least 5 years
older than | ||||||
21 | the victim.
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22 | (e) A person commits aggravated criminal sexual abuse if | ||||||
23 | that person
commits an act of sexual conduct with a victim who | ||||||
24 | is a
person with a severe or profound intellectual disability.
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25 | (f) A person commits aggravated criminal sexual abuse if
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26 | that person commits an act of sexual conduct with a victim who |
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1 | is at least
13 years of age but under 18 years of age and
the | ||||||
2 | person is 17 years of age or over and holds a position of | ||||||
3 | trust,
authority, or supervision in relation to the victim.
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4 | (f-5) A person commits aggravated criminal sexual abuse if | ||||||
5 | he or she commits an act of sexual penetration with a victim | ||||||
6 | who is at least 18 years of age but under 21 years of age when | ||||||
7 | the act was committed and who is a student attending classes at | ||||||
8 | a public or private secondary school and the accused held a | ||||||
9 | position of trust, authority, or supervision in relation to | ||||||
10 | the victim at the same school. | ||||||
11 | (g) Sentence. Aggravated criminal sexual abuse is a Class | ||||||
12 | 2 felony.
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13 | (Source: P.A. 99-143, eff. 7-27-15.)".
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