Full Text of HB3688 102nd General Assembly
HB3688 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3688 Introduced 2/22/2021, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/11-0.1 | | 720 ILCS 5/11-1.20 | was 720 ILCS 5/12-13 |
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Amends the Criminal Code of 2012. Defines "coercive control". Provides that a person commits criminal sexual assault if that person commits an act of sexual penetration and uses coercive control.
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| | A BILL FOR |
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| 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 | 5 | | changing Sections 11-0.1 and 11-1.20 as follows: | 6 | | (720 ILCS 5/11-0.1) | 7 | | Sec. 11-0.1. Definitions. In this Article, unless the | 8 | | context clearly requires otherwise, the following terms are | 9 | | defined as indicated: | 10 | | "Accused" means a person accused of an offense prohibited | 11 | | by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of | 12 | | this Code or a person for whose conduct the accused is legally | 13 | | responsible under Article 5 of this Code. | 14 | | "Adult obscenity or child pornography Internet site". See | 15 | | Section 11-23. | 16 | | "Advance prostitution" means: | 17 | | (1) Soliciting for a prostitute by performing any of | 18 | | the following acts when acting other than as a prostitute | 19 | | or a patron of a prostitute: | 20 | | (A) Soliciting another for the purpose of | 21 | | prostitution. | 22 | | (B) Arranging or offering to arrange a meeting of | 23 | | persons for the purpose of prostitution. |
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| 1 | | (C) Directing another to a place knowing the | 2 | | direction is for the purpose of prostitution. | 3 | | (2) Keeping a place of prostitution by controlling or | 4 | | exercising control over the use of any place that could | 5 | | offer seclusion or shelter for the practice of | 6 | | prostitution and performing any of the following acts when | 7 | | acting other than as a prostitute or a patron of a | 8 | | prostitute: | 9 | | (A) Knowingly granting or permitting the use of | 10 | | the place for the purpose of prostitution. | 11 | | (B) Granting or permitting the use of the place | 12 | | under circumstances from which he or she could | 13 | | reasonably know that the place is used or is to be used | 14 | | for purposes of prostitution. | 15 | | (C) Permitting the continued use of the place | 16 | | after becoming aware of facts or circumstances from | 17 | | which he or she should reasonably know that the place | 18 | | is being used for purposes of prostitution. | 19 | | "Agency". See Section 11-9.5. | 20 | | "Arranges". See Section 11-6.5. | 21 | | "Bodily harm" means physical harm, and includes, but is | 22 | | not limited to, sexually transmitted disease, pregnancy, and | 23 | | impotence. | 24 | | "Care and custody". See Section 11-9.5. | 25 | | "Child care institution". See Section 11-9.3. | 26 | | "Child pornography". See Section 11-20.1. |
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| 1 | | "Child sex offender". See Section 11-9.3. | 2 | | "Coercive control" means a direct or implied threat of | 3 | | danger, or retribution sufficient to coerce a reasonable | 4 | | person of ordinary susceptibilities to perform an act which | 5 | | otherwise would not have been performed, or acquiesce in an | 6 | | act to which one otherwise would not have submitted. | 7 | | "Community agency". See Section 11-9.5. | 8 | | "Conditional release". See Section 11-9.2. | 9 | | "Consent". See Section 11-1.70. | 10 | | "Custody". See Section 11-9.2. | 11 | | "Day care center". See Section 11-9.3. | 12 | | "Depict by computer". See Section 11-20.1. | 13 | | "Depiction by computer". See Section 11-20.1. | 14 | | "Disseminate". See Section 11-20.1. | 15 | | "Distribute". See Section 11-21. | 16 | | "Family member" means a parent, grandparent, child, aunt, | 17 | | uncle, great-aunt, or great-uncle, whether by whole blood, | 18 | | half-blood, or adoption, and includes a step-grandparent, | 19 | | step-parent, or step-child. "Family member" also means, if the | 20 | | victim is a child under 18 years of age, an accused who has | 21 | | resided in the household with the child continuously for at | 22 | | least 6 months. | 23 | | "Force or threat of force" means the use of force or | 24 | | violence or the threat of force or violence, including, but | 25 | | not limited to, the following situations: | 26 | | (1) when the accused threatens to use force or |
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| 1 | | violence on the victim or on any other person, and the | 2 | | victim under the circumstances reasonably believes that | 3 | | the accused has the ability to execute that threat; or | 4 | | (2) when the accused overcomes the victim by use of | 5 | | superior strength or size, physical restraint, or physical | 6 | | confinement. | 7 | | "Harmful to minors". See Section 11-21. | 8 | | "Loiter". See Section 9.3. | 9 | | "Material". See Section 11-21. | 10 | | "Minor". See Section 11-21. | 11 | | "Nudity". See Section 11-21. | 12 | | "Obscene". See Section 11-20. | 13 | | "Part day child care facility". See Section 11-9.3. | 14 | | "Penal system". See Section 11-9.2. | 15 | | "Person responsible for the child's welfare". See Section | 16 | | 11-9.1A. | 17 | | "Person with a disability". See Section 11-9.5. | 18 | | "Playground". See Section 11-9.3. | 19 | | "Probation officer". See Section 11-9.2. | 20 | | "Produce". See Section 11-20.1. | 21 | | "Profit from prostitution" means, when acting other than | 22 | | as a prostitute, to receive anything of value for personally | 23 | | rendered prostitution services or to receive anything of value | 24 | | from a prostitute, if the thing received is not for lawful | 25 | | consideration and the person knows it was earned in whole or in | 26 | | part from the practice of prostitution. |
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| 1 | | "Public park". See Section 11-9.3. | 2 | | "Public place". See Section 11-30. | 3 | | "Reproduce". See Section 11-20.1. | 4 | | "Sado-masochistic abuse". See Section 11-21. | 5 | | "School". See Section 11-9.3. | 6 | | "School official". See Section 11-9.3. | 7 | | "Sexual abuse". See Section 11-9.1A. | 8 | | "Sexual act". See Section 11-9.1. | 9 | | "Sexual conduct" means any knowing touching or fondling by | 10 | | the victim or the accused, either directly or through | 11 | | clothing, of the sex organs, anus, or breast of the victim or | 12 | | the accused, or any part of the body of a child under 13 years | 13 | | of age, or any transfer or transmission of semen by the accused | 14 | | upon any part of the clothed or unclothed body of the victim, | 15 | | for the purpose of sexual gratification or arousal of the | 16 | | victim or the accused. | 17 | | "Sexual excitement". See Section 11-21. | 18 | | "Sexual penetration" means any contact, however slight, | 19 | | between the sex organ or anus of one person and an object or | 20 | | the sex organ, mouth, or anus of another person, or any | 21 | | intrusion, however slight, of any part of the body of one | 22 | | person or of any animal or object into the sex organ or anus of | 23 | | another person, including, but not limited to, cunnilingus, | 24 | | fellatio, or anal penetration. Evidence of emission of semen | 25 | | is not required to prove sexual penetration. | 26 | | "Solicit". See Section 11-6. |
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| 1 | | "State-operated facility". See Section 11-9.5. | 2 | | "Supervising officer". See Section 11-9.2. | 3 | | "Surveillance agent". See Section 11-9.2. | 4 | | "Treatment and detention facility". See Section 11-9.2. | 5 | | "Victim" means a person alleging to have been subjected to | 6 | | an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, | 7 | | 11-1.50, or 11-1.60 of this Code.
| 8 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
| 9 | | (720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
| 10 | | Sec. 11-1.20. Criminal sexual assault.
| 11 | | (a) A person commits criminal sexual assault if that | 12 | | person commits an act of sexual penetration and: | 13 | | (1) uses force or threat of force; | 14 | | (2) knows that the victim is unable to understand the | 15 | | nature of the act or is unable to give knowing consent; | 16 | | (3) is a family member of the victim, and the victim is | 17 | | under 18 years of age; or | 18 | | (4) is 17 years of age or over and holds a position of | 19 | | trust, authority, or supervision in relation to the | 20 | | victim, and the victim is at least 13 years of age but | 21 | | under 18 years of age ; or . | 22 | | (5) uses coercive control.
| 23 | | (b) Sentence.
| 24 | | (1) Criminal sexual assault is a Class 1 felony, | 25 | | except that:
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| 1 | | (A) A person who is convicted of the offense of | 2 | | criminal sexual assault as
defined in paragraph (a)(1) | 3 | | or (a)(2) after having previously been convicted of
| 4 | | the offense of criminal sexual assault or the offense | 5 | | of exploitation of a child, or who is convicted of the | 6 | | offense of
criminal sexual assault as defined in | 7 | | paragraph (a)(1) or (a)(2) after having
previously | 8 | | been convicted under the laws of this State or any | 9 | | other state of an
offense that is substantially | 10 | | equivalent to the offense of criminal sexual
assault | 11 | | or to the offense of exploitation of a child, commits a | 12 | | Class X felony for which the person shall be sentenced | 13 | | to a
term of imprisonment of not less than 30 years and | 14 | | not more than 60 years, except that if the person is | 15 | | under the age of 18 years at the time of the offense, | 16 | | he or she shall be sentenced under Section 5-4.5-105 | 17 | | of the Unified Code of Corrections. The
commission of | 18 | | the second or subsequent offense is required to have | 19 | | been after
the initial conviction for this paragraph | 20 | | (A) to apply.
| 21 | | (B) A person who has attained the age of 18 years | 22 | | at the time of the commission of the offense and who is | 23 | | convicted of the offense of criminal sexual assault as
| 24 | | defined in paragraph (a)(1) or (a)(2) after having | 25 | | previously been convicted of
the offense of aggravated | 26 | | criminal sexual assault or the offense of predatory
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| 1 | | criminal sexual assault of a child, or who is | 2 | | convicted of the offense of
criminal sexual assault as | 3 | | defined in paragraph (a)(1) or (a)(2) after having
| 4 | | previously been convicted under the laws of this State | 5 | | or any other state of an
offense that is substantially | 6 | | equivalent to the offense of aggravated criminal
| 7 | | sexual assault or the offense of predatory criminal | 8 | | sexual assault of a child shall be
sentenced to a term | 9 | | of natural life imprisonment. The commission of the | 10 | | second
or subsequent offense is required to have been | 11 | | after the initial conviction for
this paragraph (B) to | 12 | | apply. An offender under the age of 18 years at the | 13 | | time of the commission of the offense covered by this | 14 | | subparagraph (B) shall be sentenced under Section | 15 | | 5-4.5-105 of the Unified Code of Corrections.
| 16 | | (C) A second or subsequent conviction for a | 17 | | violation of paragraph
(a)(3) or (a)(4) or under any | 18 | | similar statute of this State
or any other state for | 19 | | any offense involving criminal sexual assault that is
| 20 | | substantially equivalent to or more serious than the | 21 | | sexual assault prohibited
under paragraph (a)(3) or | 22 | | (a)(4) is a Class X felony.
| 23 | | (Source: P.A. 99-69, eff. 1-1-16 .)
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