Rep. Monique D. Davis
Filed: 5/27/2005
 
 

 




 

 		












09400HB1752ham004

LRB094 07551 WGH 47235 a






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AMENDMENT TO HOUSE BILL 1752




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    AMENDMENT NO. ______. Amend House Bill 1752 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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changing Section 12-14.1 as follows:
 



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    (720 ILCS 5/12-14.1)



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    Sec. 12-14.1. Predatory criminal sexual assault of a child. 

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    (a) The accused commits predatory criminal sexual assault 
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of a
child if:


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        (1) the accused was 17 years of age or over and commits 
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    an act of sexual
penetration with a victim who was under 13 
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    years of age when the act was
committed; or


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        (1.1) the accused was 17 years of age or over and, 
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    while armed with a
firearm, commits an act of sexual 
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    penetration with a victim who was under 13
years of age 
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    when the act was committed; or


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        (1.2) the accused was 17 years of age or over and 
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    commits an act of sexual
penetration with a victim who was 
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    under 13 years of age when the act was
committed and, 
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    during the commission of the offense, the accused 
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    personally
discharged a firearm; or


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        (2) the accused was 17 years of age or over and commits 
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    an act
of sexual
penetration with a victim who was under 13 
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    years of age when the act was
committed and the accused 
 


 






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    caused great bodily harm to the victim that:


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            (A) resulted in permanent disability; or


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            (B) was life threatening; or


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        (3) the accused was 17 years of age or over and commits 
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    an act of
sexual penetration with a victim who was under 13 
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    years of age when the act was
committed and the accused 
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    delivered (by injection, inhalation, ingestion,
transfer 
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    of possession, or any other means) to the victim without 
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    his or her
consent, or by threat or deception,
and for 
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    other than medical
purposes, any
controlled substance.

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    (b) Sentence.


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        (1) Predatory criminal sexual assault of a child is
A 
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    person convicted of a violation of subsection (a)(1)

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    commits
a separate class of felony for which a term of 
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    natural life imprisonment shall be imposed
a Class X 
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    felony.
A person convicted of a violation of subsection 
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    (a)(1.1) commits a Class X
felony for which 15 years shall 
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    be added to the term of imprisonment imposed by
the court. 
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    A person convicted of a violation of subsection (a)(1.2) 
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    commits a
Class X felony for which 20 years shall be added 
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    to the term of imprisonment
imposed by the court.  A person 
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    convicted of a violation of subsection (a)(2)
commits a 
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    Class X felony for which the person shall be sentenced to a 
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    term of
imprisonment of not less than 50 years or up to a 
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    term of natural life
imprisonment.


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        (1.1) (Blank)
A person convicted of a violation of 
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    subsection (a)(3) commits a
Class X felony for which the 
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    person
shall be
sentenced to a
term of imprisonment of not 
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    less than 50 years and not more than 60 years.


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        (1.2) (Blank)
A person convicted of predatory criminal 
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    sexual assault of a child
committed
against 2 or more 
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    persons regardless of whether the offenses occurred as the

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    result of the same act or of several related or unrelated 
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    acts shall be
sentenced to a term of natural life 
 


 






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    imprisonment.


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        (2) (Blank)
A person who is convicted of a second or 
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    subsequent offense of
predatory criminal sexual assault of 
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    a child, or who is convicted of the
offense of
predatory 
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    criminal sexual assault of a child after having previously 
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    been
convicted of the offense of criminal sexual assault or 
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    the offense of
aggravated criminal sexual assault, or who 
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    is convicted of the offense of
predatory criminal sexual 
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    assault of a child after having previously been
convicted 
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    under the laws of this State
or any other state of an 
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    offense that is substantially equivalent to the
offense
of 
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    predatory criminal sexual assault of a child, the offense 
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    of aggravated
criminal sexual assault or the offense of 
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    criminal sexual assault, shall be
sentenced to a term of 
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    natural life imprisonment.
The commission of the second or 
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    subsequent offense is required to have been
after the 
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    initial conviction for this paragraph (2) to apply.

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(Source: P.A. 91-238, eff. 1-1-00;
91-404, eff. 1-1-00; 92-16, 
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eff. 6-28-01.)".