Rep. Annazette Collins
Filed: 5/29/2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1518
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1518 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Sections 12-13, 12-15, and 12-16 as follows:
| ||||||
6 | (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
| ||||||
7 | (Text of Section after amendment by P.A. 95-640 )
| ||||||
8 | Sec. 12-13. Criminal Sexual Assault.
| ||||||
9 | (a) The accused commits criminal sexual assault if he or | ||||||
10 | she:
| ||||||
11 | (1) commits an act of sexual penetration by the use of | ||||||
12 | force or threat of
force; or
| ||||||
13 | (2) commits an act of sexual penetration and the | ||||||
14 | accused knew that the
victim was unable to understand the | ||||||
15 | nature of the act or was unable to give
knowing consent; or
| ||||||
16 | (3) commits an act of sexual penetration with a victim |
| |||||||
| |||||||
1 | who was under 18
years of age when the act was committed | ||||||
2 | and the accused was a family
member; or
| ||||||
3 | (4) commits an act of sexual penetration with a victim | ||||||
4 | who was at
least 13 years of age but under 14 18 years of | ||||||
5 | age when the act was committed
and the accused was 17 years | ||||||
6 | of age or over and held a position of trust,
authority or | ||||||
7 | supervision in relation to the victim.
| ||||||
8 | (b) Sentence.
| ||||||
9 | (1) Criminal sexual assault is a Class 1 felony.
| ||||||
10 | (2) A person who is convicted of the offense of | ||||||
11 | criminal sexual assault as
defined in paragraph (a)(1) or | ||||||
12 | (a)(2) after having previously been convicted of
the | ||||||
13 | offense of criminal sexual assault or the offense of | ||||||
14 | exploitation of a child, or who is convicted of the offense | ||||||
15 | of
criminal sexual assault as defined in paragraph (a)(1) | ||||||
16 | or (a)(2) after having
previously been convicted under the | ||||||
17 | laws of this State or any other state of an
offense that is | ||||||
18 | substantially equivalent to the offense of criminal sexual
| ||||||
19 | assault or to the offense of exploitation of a child, | ||||||
20 | commits a Class X felony for which the person shall be | ||||||
21 | sentenced to a
term of imprisonment of not less than 30 | ||||||
22 | years and not more than 60 years. The
commission of the | ||||||
23 | second or subsequent offense is required to have been after
| ||||||
24 | the initial conviction for this paragraph (2) to apply.
| ||||||
25 | (3) A person who is convicted of the offense of | ||||||
26 | criminal sexual assault as
defined in paragraph (a)(1) or |
| |||||||
| |||||||
1 | (a)(2) after having previously been convicted of
the | ||||||
2 | offense of aggravated criminal sexual assault or the | ||||||
3 | offense of predatory
criminal sexual assault of a child, or | ||||||
4 | who is convicted of the offense of
criminal sexual assault | ||||||
5 | as defined in paragraph (a)(1) or (a)(2) after having
| ||||||
6 | previously been convicted under the laws of this State or | ||||||
7 | any other state of an
offense that is substantially | ||||||
8 | equivalent to the offense of aggravated criminal
sexual | ||||||
9 | assault or the offense of criminal predatory sexual assault | ||||||
10 | shall be
sentenced to a term of natural life imprisonment. | ||||||
11 | The commission of the second
or subsequent offense is | ||||||
12 | required to have been after the initial conviction for
this | ||||||
13 | paragraph (3) to apply.
| ||||||
14 | (4) A second or subsequent conviction for a violation | ||||||
15 | of paragraph
(a)(3) or (a)(4) or under any similar statute | ||||||
16 | of this State
or any other state for any offense involving | ||||||
17 | criminal sexual assault that is
substantially equivalent | ||||||
18 | to or more serious than the sexual assault prohibited
under | ||||||
19 | paragraph (a)(3) or (a)(4) is a Class X felony.
| ||||||
20 | (5) When a person has any such prior conviction, the | ||||||
21 | information or
indictment charging that person shall state | ||||||
22 | such prior conviction so as to give
notice of the State's | ||||||
23 | intention to treat the charge as a Class X felony. The
fact | ||||||
24 | of such prior conviction is not an element of the offense | ||||||
25 | and may not be
disclosed to the jury during trial unless | ||||||
26 | otherwise permitted by issues
properly raised during such |
| |||||||
| |||||||
1 | trial.
| ||||||
2 | (Source: P.A. 95-640, eff. 6-1-08.)
| ||||||
3 | (720 ILCS 5/12-15) (from Ch. 38, par. 12-15)
| ||||||
4 | Sec. 12-15. Criminal sexual abuse.
| ||||||
5 | (a) The accused commits criminal sexual abuse if he or she:
| ||||||
6 | (1) commits an act of sexual conduct by the use of | ||||||
7 | force or threat of
force; or
| ||||||
8 | (2) commits an act of sexual conduct and the accused
| ||||||
9 | knew that the victim was unable to understand the nature of | ||||||
10 | the act or
was unable to give knowing consent.
| ||||||
11 | (b) The accused commits criminal sexual abuse if
the | ||||||
12 | accused was under 17 years of age and commits an act of sexual
| ||||||
13 | penetration or sexual conduct with a victim who was at least 9 | ||||||
14 | years of age
but under 14 17 years of age when the act was | ||||||
15 | committed.
| ||||||
16 | (c) The accused commits criminal sexual abuse if he or she | ||||||
17 | commits an
act of sexual penetration or sexual conduct with a | ||||||
18 | victim who was at least
13 years of age but under 14 17 years of | ||||||
19 | age and the accused was less than 5
years older than the | ||||||
20 | victim.
| ||||||
21 | (d) Sentence. Criminal sexual abuse
for a violation of | ||||||
22 | subsection (b) or
(c) of this Section
is a Class A misdemeanor.
| ||||||
23 | Criminal sexual abuse for a violation of paragraph (1) or (2)
| ||||||
24 | of subsection (a) of this Section is a Class 4 felony.
A second
| ||||||
25 | or subsequent conviction
for a violation of subsection (a) of |
| |||||||
| |||||||
1 | this Section is a Class 2 felony.
For purposes of this
Section | ||||||
2 | it is a second or subsequent conviction if
the accused has at | ||||||
3 | any
time been convicted under this Section or under any similar | ||||||
4 | statute of this
State or any other state for any offense | ||||||
5 | involving sexual abuse or sexual
assault that is substantially | ||||||
6 | equivalent to or more serious than the sexual
abuse prohibited | ||||||
7 | under this Section.
| ||||||
8 | (Source: P.A. 91-389, eff. 1-1-00.)
| ||||||
9 | (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
| ||||||
10 | Sec. 12-16. Aggravated Criminal Sexual Abuse.
| ||||||
11 | (a) The accused commits aggravated criminal sexual abuse if | ||||||
12 | he or she
commits criminal sexual abuse as defined in | ||||||
13 | subsection (a) of Section 12-15
of this Code and any of the | ||||||
14 | following aggravating
circumstances existed during, or for the | ||||||
15 | purposes of paragraph (7) of this
subsection (a) as part of the | ||||||
16 | same course of conduct as, the commission of
the
offense:
| ||||||
17 | (1) the accused displayed, threatened to use or used a | ||||||
18 | dangerous weapon
or any object fashioned or utilized in | ||||||
19 | such a manner as to lead the victim
under the circumstances | ||||||
20 | reasonably to believe it to be a dangerous weapon; or
| ||||||
21 | (2) the accused caused bodily harm to the victim; or
| ||||||
22 | (3) the victim was 60 years of age or over when the | ||||||
23 | offense was committed;
or
| ||||||
24 | (4) the victim was a physically handicapped person; or
| ||||||
25 | (5) the accused acted in such a manner as to threaten |
| |||||||
| |||||||
1 | or endanger the
life of the victim or any other person; or
| ||||||
2 | (6) the criminal sexual abuse was perpetrated during | ||||||
3 | the course of the
commission or attempted commission of any | ||||||
4 | other felony by the accused; or
| ||||||
5 | (7) the accused delivered (by injection, inhalation, | ||||||
6 | ingestion, transfer
of possession, or any other means) to | ||||||
7 | the victim without his or her consent, or
by threat or | ||||||
8 | deception,
and for other than medical
purposes, any
| ||||||
9 | controlled substance.
| ||||||
10 | (b) The accused commits aggravated criminal sexual abuse if | ||||||
11 | he or she
commits an act of sexual conduct with a victim who | ||||||
12 | was under 18
years of age when the act was committed
and the | ||||||
13 | accused was a family member.
| ||||||
14 | (c) The accused commits aggravated criminal sexual abuse | ||||||
15 | if:
| ||||||
16 | (1) the accused was 17 years of age or over and (i) | ||||||
17 | commits an act of
sexual
conduct with a victim who was | ||||||
18 | under 13 years of age when the
act was committed; or
(ii) | ||||||
19 | commits an act of sexual conduct with a victim who was at | ||||||
20 | least 13
years of age but under 17 years of age when the | ||||||
21 | act was committed and the
accused used force or threat of | ||||||
22 | force to commit the act; or
| ||||||
23 | (2) the accused was under 17 years of age and (i) | ||||||
24 | commits an act of
sexual conduct with a victim who was | ||||||
25 | under 9 years of age when the act was
committed; or (ii) | ||||||
26 | commits an act of sexual conduct with a victim who was
at |
| |||||||
| |||||||
1 | least 9 years of age but under 17 years of age when the act | ||||||
2 | was
committed and the accused used force or threat of force | ||||||
3 | to commit the act.
| ||||||
4 | (d) The accused commits aggravated criminal sexual abuse if | ||||||
5 | he or she
commits an act of sexual penetration or sexual | ||||||
6 | conduct with a victim
who was at least 13
years of age but | ||||||
7 | under 14 17 years of age and the accused was at least 5 years
| ||||||
8 | older than the victim.
| ||||||
9 | (e) The accused commits aggravated criminal sexual abuse if | ||||||
10 | he or she
commits an act of sexual conduct with a victim who | ||||||
11 | was a
severely or profoundly mentally retarded person at the | ||||||
12 | time the act was
committed.
| ||||||
13 | (f) The accused commits aggravated criminal sexual abuse if
| ||||||
14 | he or she commits an act of sexual conduct with a victim who | ||||||
15 | was at least
13 years of age but under 14 18 years of age when | ||||||
16 | the act was committed and
the accused was 17 years of age or | ||||||
17 | over and held a position of trust,
authority or supervision in | ||||||
18 | relation to the victim.
| ||||||
19 | (g) Sentence. Aggravated criminal sexual abuse is a Class 2 | ||||||
20 | felony.
| ||||||
21 | (Source: P.A. 92-434, eff. 1-1-02.)".
|