Full Text of HB3750 96th General Assembly
HB3750 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3750
Introduced 2/25/2009, by Rep. Jehan A. Gordon SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-4.3 |
from Ch. 38, par. 12-4.3 |
720 ILCS 5/12-14.1 |
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Amends the Criminal Code of 1961. Provides that aggravated battery of a child is a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years. Provides that a person convicted of a second or subsequent violation of the offense of aggravated battery of a child shall be sentenced to a term of natural life imprisonment. Provides that a person convicted of predatory criminal sexual assault of a
child shall be sentenced to a term of natural life imprisonment.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB3750 |
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LRB096 05610 RLC 15676 b |
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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 | 5 |
| Sections 12-4.3 and 12-14.1 as follows:
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| (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
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| Sec. 12-4.3. Aggravated battery of a child.
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| (a) Any person of the age
18 years and upwards who | 9 |
| intentionally or knowingly, and without legal
justification | 10 |
| and by any means, causes great bodily harm or permanent
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| disability or disfigurement to any child under the age of 13 | 12 |
| years or to
any severely or profoundly mentally retarded | 13 |
| person,
commits
the offense of aggravated battery of a child.
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| (a-5) Any person of the age 18 years and upwards who | 15 |
| intentionally or knowingly, and without legal justification | 16 |
| and by any means, causes bodily harm or disability or | 17 |
| disfigurement to any child under the age of 13 years or to any | 18 |
| severely or profoundly mentally retarded person, commits the | 19 |
| offense of aggravated battery of a child. | 20 |
| (b) Sentence. | 21 |
| (1) Aggravated battery of a child under subsection (a) of | 22 |
| this Section is a Class X felony for which the person shall be | 23 |
| sentenced to a term of imprisonment of not less than 30 years |
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HB3750 |
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LRB096 05610 RLC 15676 b |
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| and not more than 60 years , except that:
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| (A) if the person committed the offense while armed | 3 |
| with a firearm, 15
years shall be added to the term of | 4 |
| imprisonment imposed by the court;
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| (B) if, during the commission of the offense, the | 6 |
| person personally
discharged a firearm, 20 years shall be | 7 |
| added to the term of imprisonment
imposed by the court;
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| (C) if, during the commission of the offense, the | 9 |
| person personally
discharged a firearm that proximately | 10 |
| caused great bodily harm, permanent
disability, permanent | 11 |
| disfigurement, or death to another person, 25 years or up
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| to a term of natural life shall be added to the term of | 13 |
| imprisonment imposed by
the court.
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| (2) (Blank). Aggravated battery of a child under subsection | 15 |
| (a-5) of this Section is a Class 3 felony. | 16 |
| (3) A person convicted of a second or subsequent violation | 17 |
| of this Section shall be sentenced to a term of natural life | 18 |
| imprisonment. | 19 |
| (Source: P.A. 95-768, eff. 1-1-09.)
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| (720 ILCS 5/12-14.1)
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| Sec. 12-14.1. Predatory criminal sexual assault of a child.
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| (a) The accused commits predatory criminal sexual assault | 23 |
| of a
child if:
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| (1) the accused was 17 years of age or over and commits | 25 |
| an act of sexual
penetration with a victim who was under 13 |
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HB3750 |
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LRB096 05610 RLC 15676 b |
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| years of age when the act was
committed; or
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| (1.1) the accused was 17 years of age or over and, | 3 |
| while armed with a
firearm, commits an act of sexual | 4 |
| penetration with a victim who was under 13
years of age | 5 |
| when the act was committed; or
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| (1.2) the accused was 17 years of age or over and | 7 |
| commits an act of sexual
penetration with a victim who was | 8 |
| under 13 years of age when the act was
committed and, | 9 |
| during the commission of the offense, the accused | 10 |
| personally
discharged a firearm; or
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| (2) the accused was 17 years of age or over and commits | 12 |
| an act
of sexual
penetration with a victim who was under 13 | 13 |
| years of age when the act was
committed and the accused | 14 |
| caused great bodily harm to the victim that:
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| (A) resulted in permanent disability; or
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| (B) was life threatening; or
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| (3) the accused was 17 years of age or over and commits | 18 |
| an act of
sexual penetration with a victim who was under 13 | 19 |
| years of age when the act was
committed and the accused | 20 |
| delivered (by injection, inhalation, ingestion,
transfer | 21 |
| of possession, or any other means) to the victim without | 22 |
| his or her
consent, or by threat or deception,
and for | 23 |
| other than medical
purposes, any
controlled substance.
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| (b) Sentence. A person convicted of predatory criminal | 25 |
| sexual assault of a child shall be
sentenced to a term of | 26 |
| natural life imprisonment.
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LRB096 05610 RLC 15676 b |
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| (1) (Blank) A person convicted of a violation of | 2 |
| subsection (a)(1)
commits a Class X felony, for which the | 3 |
| person shall be sentenced to a term of imprisonment of not | 4 |
| less than 6 years and not more than 60 years.
A person | 5 |
| convicted of a violation of subsection (a)(1.1) commits a | 6 |
| Class X
felony for which 15 years shall be added to the | 7 |
| term of imprisonment imposed by
the court. A person | 8 |
| convicted of a violation of subsection (a)(1.2) commits a
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| Class X felony for which 20 years shall be added to the | 10 |
| term of imprisonment
imposed by the court. A person | 11 |
| convicted of a violation of subsection (a)(2)
commits a | 12 |
| Class X felony for which the person shall be sentenced to a | 13 |
| term of
imprisonment of not less than 50 years or up to a | 14 |
| term of natural life
imprisonment .
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| (1.1) (Blank) A person convicted of a violation of | 16 |
| subsection (a)(3) commits a
Class X felony for which the | 17 |
| person
shall be
sentenced to a
term of imprisonment of not | 18 |
| less than 50 years and not more than 60 years .
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| (1.2) (Blank) A person convicted of predatory criminal | 20 |
| sexual assault of a child
committed
against 2 or more | 21 |
| persons regardless of whether the offenses occurred as the
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| result of the same act or of several related or unrelated | 23 |
| acts shall be
sentenced to a term of natural life | 24 |
| imprisonment .
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| (2) (Blank) A person who is convicted of a second or | 26 |
| subsequent offense of
predatory criminal sexual assault of |
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HB3750 |
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LRB096 05610 RLC 15676 b |
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| a child, or who is convicted of the
offense of
predatory | 2 |
| criminal sexual assault of a child after having previously | 3 |
| been
convicted of the offense of criminal sexual assault or | 4 |
| the offense of
aggravated criminal sexual assault, or who | 5 |
| is convicted of the offense of
predatory criminal sexual | 6 |
| assault of a child after having previously been
convicted | 7 |
| under the laws of this State
or any other state of an | 8 |
| offense that is substantially equivalent to the
offense
of | 9 |
| predatory criminal sexual assault of a child, the offense | 10 |
| of aggravated
criminal sexual assault or the offense of | 11 |
| criminal sexual assault, shall be
sentenced to a term of | 12 |
| natural life imprisonment.
The commission of the second or | 13 |
| subsequent offense is required to have been
after the | 14 |
| initial conviction for this paragraph (2) to apply .
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| (Source: P.A. 95-640, eff. 6-1-08 .)
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