94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1943


 
Introduced 2/25/2005, by Sen. Carole Pankau
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Criminal Code of 1961 relating to the offense of criminal sexual assault.  Provides that a person also commits the offense when he or she commits an act of sexual penetration with a victim who was under 19 years of age and who is enrolled in high school when the act was committed and the accused was 17 years of age or older and held a position of trust, authority, or supervision in relation to the victim at the same high school.  Effective immediately.
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB1943

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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 accused commits criminal sexual assault if he or 
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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, or commits an act of 
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    sexual penetration with a victim who was under 19 years of 
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    age and who is enrolled in high school when the act was 
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    committed and the accused was 17 years of age or older and 
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    held a position of trust, authority, or supervision in 
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    relation to the victim at the same high school.

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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 
 


 






SB1943
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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 
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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.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.