Full Text of HB0804 98th General Assembly
HB0804enr 98TH GENERAL ASSEMBLY |
| | HB0804 Enrolled | | LRB098 03641 RLC 33657 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 11-1.40 and by adding Section 11-9.1B 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 | 9 | | child if that person commits an act of sexual penetration or an | 10 | | act of contact, however slight between the sex organ or anus of | 11 | | one person and the part of the body of another, and the | 12 | | accused , is 17 years of age or older, and: | 13 | | (1) the victim is under 13 years of age; or | 14 | | (2) the victim is under 13 years of age and that | 15 | | person: | 16 | | (A) is armed with a firearm; | 17 | | (B) personally discharges a firearm during the | 18 | | commission of the offense; | 19 | | (C) causes great bodily harm to the victim that: | 20 | | (i) results in permanent disability; or | 21 | | (ii) is life threatening; or | 22 | | (D) delivers (by injection, inhalation, ingestion, | 23 | | transfer of possession, or any other means) any |
| | | HB0804 Enrolled | - 2 - | LRB098 03641 RLC 33657 b |
|
| 1 | | controlled substance to the victim without the | 2 | | victim's consent or by threat or deception, for other | 3 | | than medical purposes.
| 4 | | (b) Sentence.
| 5 | | (1) A person convicted of a violation of subsection | 6 | | (a)(1)
commits a Class X felony, for which the person shall | 7 | | be sentenced to a term of imprisonment of not less than 6 | 8 | | years and not more than 60 years.
A person convicted of a | 9 | | violation of subsection (a)(2)(A) commits a Class X
felony | 10 | | for which 15 years shall be added to the term of | 11 | | imprisonment imposed by
the court. A person convicted of a | 12 | | violation of subsection (a)(2)(B) commits a
Class X felony | 13 | | for which 20 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)(C)
commits a Class X felony | 16 | | for which the person shall be sentenced to a term of
| 17 | | imprisonment of not less than 50 years or up to a term of | 18 | | natural life
imprisonment.
| 19 | | (1.1) A person convicted of a violation of subsection | 20 | | (a)(2)(D) commits a
Class X felony for which the person
| 21 | | shall be
sentenced to a
term of imprisonment of not less | 22 | | than 50 years and not more than 60 years.
| 23 | | (1.2) A person convicted of predatory criminal sexual | 24 | | assault of a child
committed
against 2 or more persons | 25 | | regardless of whether the offenses occurred as the
result | 26 | | of the same act or of several related or unrelated acts |
| | | HB0804 Enrolled | - 3 - | LRB098 03641 RLC 33657 b |
|
| 1 | | shall be
sentenced to a term of natural life imprisonment.
| 2 | | (2) A person who is convicted of a second or subsequent | 3 | | offense of
predatory criminal sexual assault of a child, or | 4 | | who is convicted of the
offense of
predatory criminal | 5 | | sexual assault of a child after having previously been
| 6 | | convicted of the offense of criminal sexual assault or the | 7 | | offense of
aggravated criminal sexual assault, or who is | 8 | | convicted of the offense of
predatory criminal sexual | 9 | | assault of a child after having previously been
convicted | 10 | | under the laws of this State
or any other state of an | 11 | | offense that is substantially equivalent to the
offense
of | 12 | | predatory criminal sexual assault of a child, the offense | 13 | | of aggravated
criminal sexual assault or the offense of | 14 | | criminal sexual assault, shall be
sentenced to a term of | 15 | | natural life imprisonment.
The commission of the second or | 16 | | subsequent offense is required to have been
after the | 17 | | initial conviction for this paragraph (2) to apply.
| 18 | | (Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11 .) | 19 | | (720 ILCS 5/11-9.1B new) | 20 | | Sec. 11-9.1B. Failure to report sexual abuse of a child. | 21 | | (a) For the purposes of this Section: | 22 | | "Child" means any person under the age of 13. | 23 | | "Sexual abuse" means any contact, however slight, between | 24 | | the sex organ or anus of the victim or the accused and an | 25 | | object or body part, including but not limited to, the sex |
| | | HB0804 Enrolled | - 4 - | LRB098 03641 RLC 33657 b |
|
| 1 | | organ, mouth, or anus of the victim or the accused, or any | 2 | | intrusion, however slight, of any part of the body of the | 3 | | victim or the accused or of any animal or object into the sex | 4 | | organ or anus of the victim or the accused, including, but not | 5 | | limited to, cunnilingus, fellatio, or anal penetration. | 6 | | Evidence of emission of semen is not required to prove sexual | 7 | | abuse. | 8 | | (b) A person over the age of 18 commits failure to report | 9 | | sexual abuse of a child when he or she personally observes | 10 | | sexual abuse, as defined by this Section, between a person who | 11 | | he or she knows is over the age of 18 and a person he or she | 12 | | knows is a child, and knowingly fails to report the sexual | 13 | | abuse to law enforcement. | 14 | | (c) This Section does not apply to a person who makes | 15 | | timely and reasonable efforts to stop the sexual abuse by | 16 | | reporting the sexual abuse in conformance with the Abused and | 17 | | Neglected Child Reporting Act or by reporting the sexual abuse | 18 | | or causing a report to be made, to medical or law enforcement | 19 | | authorities or anyone who is a mandated reporter under Section | 20 | | 4 of the Abused and Neglected Child Reporting Act. | 21 | | (d) A person may not be charged with the offense of failure | 22 | | to report sexual abuse of a child under this Section until the | 23 | | person who committed the offense is charged with criminal | 24 | | sexual assault, aggravated criminal sexual assault, predatory | 25 | | criminal sexual assault of a child, criminal sexual abuse, or | 26 | | aggravated criminal sexual abuse. |
| | | HB0804 Enrolled | - 5 - | LRB098 03641 RLC 33657 b |
|
| 1 | | (e) It is an affirmative defense to a charge of failure to | 2 | | report sexual abuse of a child under this Section that the | 3 | | person who personally observed the sexual abuse had a | 4 | | reasonable apprehension that timely action to stop the abuse | 5 | | would result in the imminent infliction of death, great bodily | 6 | | harm, permanent disfigurement, or permanent disability to that | 7 | | person or another in retaliation for reporting. | 8 | | (f) Sentence. A person who commits failure to report sexual | 9 | | abuse of a child is guilty of a Class A misdemeanor for the | 10 | | first violation and a Class 4 felony for a second or subsequent | 11 | | violation. | 12 | | (g) Nothing in this Section shall be construed to allow | 13 | | prosecution of a person who personally observes the act of | 14 | | sexual abuse and assists with an investigation and any | 15 | | subsequent prosecution of the offender.
|
|