HB4516 EngrossedLRB098 15813 RLC 50851 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 5. The Criminal Code of 2012 is amended  by changing 
5Section 11-1.40 as follows:
 



6    (720 ILCS 5/11-1.40)
  (was 720 ILCS 5/12-14.1)

7    Sec. 11-1.40. Predatory criminal sexual assault of a child. 

8    (a) A person commits predatory criminal sexual assault of a 
9child if that person is 17 years of age or older, and commits 
10an act of sexual penetration or an act of contact, however 
11slight, between the sex organ or anus of one person and the 
12part of the body of another for the purpose of sexual 
13gratification or arousal of the victim or the accused, or an 
14act of sexual penetration, and the accused is 17 years of age 
15or older, and:
16        (1) the victim is under 13 years of age; or
17        (2) the victim is under 13 years of age and that 
18    person:
19            (A) is armed with a firearm;
20            (B) personally discharges a firearm during the 
21        commission of the offense;
22            (C) causes great bodily harm to the victim that:
23                (i) results in permanent disability; or
 
 
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1                (ii) is life threatening; or
2            (D) delivers (by injection, inhalation, ingestion, 
3        transfer of possession, or any other means) any 
4        controlled substance to the victim without the 
5        victim's consent or by threat or deception, for other 
6        than medical purposes.








7    (b) Sentence.


8        (1) A person convicted of a violation of subsection 
9    (a)(1)
commits a Class X felony, for which the person shall 
10    be sentenced to a term of imprisonment of not less than 6 
11    years and not more than 60 years.
A person convicted of a 
12    violation of subsection (a)(2)(A) commits a Class X
felony 
13    for which 15 years shall be added to the term of 
14    imprisonment imposed by
the court. A person convicted of a 
15    violation of subsection (a)(2)(B) commits a
Class X felony 
16    for which 20 years shall be added to the term of 
17    imprisonment
imposed by the court.  A person convicted of a 
18    violation of subsection (a)(2)(C)
commits a Class X felony 
19    for which the person shall be sentenced to a term of

20    imprisonment of not less than 50 years or up to a term of 
21    natural life
imprisonment.


22        (1.1) A person convicted of a violation of subsection 
23    (a)(2)(D) commits a
Class X felony for which the person

24    shall be
sentenced to a
term of imprisonment of not less 
25    than 50 years and not more than 60 years.


26        (1.2) A person convicted of predatory criminal sexual 
 
 
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1    assault of a child
committed
against 2 or more persons 
2    regardless of whether the offenses occurred as the
result 
3    of the same act or of several related or unrelated acts 
4    shall be
sentenced to a term of natural life imprisonment.


5        (2) A person who is convicted of a second or subsequent 
6    offense of
predatory criminal sexual assault of a child, or 
7    who is convicted of the
offense of
predatory criminal 
8    sexual assault of a child after having previously been

9    convicted of the offense of criminal sexual assault or the 
10    offense of
aggravated criminal sexual assault, or who is 
11    convicted of the offense of
predatory criminal sexual 
12    assault of a child after having previously been
convicted 
13    under the laws of this State
or any other state of an 
14    offense that is substantially equivalent to the
offense
of 
15    predatory criminal sexual assault of a child, the offense 
16    of aggravated
criminal sexual assault or the offense of 
17    criminal sexual assault, shall be
sentenced to a term of 
18    natural life imprisonment.
The commission of the second or 
19    subsequent offense is required to have been
after the 
20    initial conviction for this paragraph (2) to apply.

21(Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)
 

22    Section 99. Effective date. This Act takes effect upon 
23becoming law.