94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2063


 
Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Robert S. Molaro
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/12-13
  from Ch. 38, par. 12-13







    Amends the Criminal Code of 1961.  Makes a technical change in a Section
concerning the offense of criminal sexual assault.
















LRB094 03022 RLC 33023 b

















 


 


A BILL FOR









 











HB2063

LRB094 03022 RLC 33023 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Criminal Code of 1961 is amended by changing 
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Section 12-13 as follows:
 



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    (720 ILCS 5/12-13)  (from Ch. 38, par. 12-13)



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    Sec. 12-13. Criminal Sexual Assault. 

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    (a) The
The accused commits criminal sexual assault if he 
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or she:

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        (1) commits an act of sexual penetration by the use of 
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    force or threat of
force; or


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        (2) commits an act of sexual penetration and the 
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    accused knew that the
victim was unable to understand the 
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    nature of the act or was unable to give
knowing consent; or


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        (3) commits an act of sexual penetration with a victim 
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    who was under 18
years of age when the act was committed 
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    and the accused was a family
member; or


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        (4) commits an act of sexual penetration with a victim 
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    who was at
least 13 years of age but under 18 years of age 
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    when the act was committed
and the accused was 17 years of 
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    age or over and held a position of trust,
authority or 
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    supervision in relation to the victim.

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    (b) Sentence.  


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        (1) Criminal sexual assault is a Class 1 felony.  


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        (2) A person who is convicted of the offense of 
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    criminal sexual assault as
defined in paragraph (a)(1) or 
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    (a)(2) after having previously been convicted of
the 
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    offense of criminal sexual assault, or who is convicted of 
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    the offense of
criminal sexual assault as defined in 
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    paragraph (a)(1) or (a)(2) after having
previously been 
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    convicted under the laws of this State or any other state 
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    of an
offense that is substantially equivalent to the 
 


 






HB2063
- 2 -
LRB094 03022 RLC 33023 b




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    offense of criminal sexual
assault, commits a Class X 
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    felony for which the person shall be sentenced to a
term of 
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    imprisonment of not less than 30 years and not more than 60 
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    years.  The
commission of the second or subsequent offense 
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    is required to have been after
the initial conviction for 
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    this paragraph (2) to apply.


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        (3) A person who is convicted of the offense of 
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    criminal sexual assault as
defined in paragraph (a)(1) or 
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    (a)(2) after having previously been convicted of
the 
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    offense of aggravated criminal sexual assault or the 
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    offense of predatory
criminal sexual assault of a child, or 
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    who is convicted of the offense of
criminal sexual assault 
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    as defined in paragraph (a)(1) or (a)(2) after having

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    previously been convicted under the laws of this State or 
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    any other state of an
offense that is substantially 
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    equivalent to the offense of aggravated criminal
sexual 
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    assault or the offense of criminal predatory sexual assault 
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    shall be
sentenced to a term of natural life imprisonment.  
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    The commission of the second
or subsequent offense is 
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    required to have been after the initial conviction for
this 
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    paragraph (3) to apply.


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        (4) A second or subsequent conviction for a violation 
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    of paragraph
(a)(3) or (a)(4) or under any similar statute 
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    of this State
or any other state for any offense involving 
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    criminal sexual assault that is
substantially equivalent 
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    to or more serious than the sexual assault prohibited
under 
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    paragraph (a)(3) or (a)(4) is a Class X felony. 


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        (5) When a person has any such prior conviction, the 
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    information or
indictment charging that person shall state 
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    such prior conviction so as to give
notice of the State's 
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    intention to treat the charge as a Class X felony.  The
fact 
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    of such prior conviction is not an element of the offense 
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    and may not be
disclosed to the jury during trial unless 
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    otherwise permitted by issues
properly raised during such 
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    trial.

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(Source: P.A. 90-396, eff. 1-1-98.)