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| [ House Amendment 001 ] |
90_HB2800
720 ILCS 5/12-4 from Ch. 38, par. 12-4
720 ILCS 5/12-14 from Ch. 38, par. 12-14
720 ILCS 5/12-16 from Ch. 38, par. 12-16
Amends the Criminal Code of 1961. Provides that
administering a controlled substance to a person without his
or her consent for nonmedical purposes constitutes aggravated
battery. Provides that delivering a controlled substance to
a victim without his or her consent as part of the same
course of conduct as the commission of criminal sexual
assault or criminal sexual abuse is an aggravating
circumstance that enhances these offenses to aggravated
criminal sexual assault or aggravated criminal sexual abuse.
Effective immediately.
LRB9009068RCks
LRB9009068RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 12-4, 12-14, and 12-16.
3 WHEREAS, It is the intent of the General Assembly to
4 prevent the use of controlled substances to commit crimes,
5 including criminal sexual assault, against people in this
6 State and the General Assembly has determined to accomplish
7 this by imposing criminal penalties for that use of
8 controlled substances; therefore
9 Be it enacted by the People of the State of Illinois,
10 represented in the General Assembly:
11 Section 5. The Criminal Code of 1961 is amended by
12 changing Sections 12-4, 12-14, and 12-16 as follows:
13 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
14 Sec. 12-4. Aggravated Battery.
15 (a) A person who, in committing a battery, intentionally
16 or knowingly causes great bodily harm, or permanent
17 disability or disfigurement commits aggravated battery.
18 (b) In committing a battery, a person commits aggravated
19 battery if he or she:
20 (1) Uses a deadly weapon other than by the
21 discharge of a firearm;
22 (2) Is hooded, robed or masked, in such manner as
23 to conceal his identity;
24 (3) Knows the individual harmed to be a teacher or
25 other person employed in any school and such teacher or
26 other employee is upon the grounds of a school or grounds
27 adjacent thereto, or is in any part of a building used
28 for school purposes;
29 (4) Knows the individual harmed to be a supervisor,
30 director, instructor or other person employed in any park
31 district and such supervisor, director, instructor or
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1 other employee is upon the grounds of the park or grounds
2 adjacent thereto, or is in any part of a building used
3 for park purposes;
4 (5) Knows the individual harmed to be a caseworker,
5 investigator, or other person employed by the State
6 Department of Public Aid, a County Department of Public
7 Aid, or the Department of Human Services (acting as
8 successor to the Illinois Department of Public Aid under
9 the Department of Human Services Act) and such
10 caseworker, investigator, or other person is upon the
11 grounds of a public aid office or grounds adjacent
12 thereto, or is in any part of a building used for public
13 aid purposes, or upon the grounds of a home of a public
14 aid applicant, recipient, or any other person being
15 interviewed or investigated in the employee's discharge
16 of his duties, or on grounds adjacent thereto, or is in
17 any part of a building in which the applicant, recipient,
18 or other such person resides or is located;
19 (6) Knows the individual harmed to be a peace
20 officer, a person summoned and directed by a peace
21 officer, a correctional institution employee, or a
22 fireman while such officer, employee or fireman is
23 engaged in the execution of any official duties including
24 arrest or attempted arrest, or to prevent the officer,
25 employee or fireman from performing official duties, or
26 in retaliation for the officer, employee or fireman
27 performing official duties, and the battery is committed
28 other than by the discharge of a firearm;
29 (7) Knows the individual harmed to be an emergency
30 medical technician - ambulance, emergency medical
31 technician - intermediate, emergency medical technician -
32 paramedic, ambulance driver or other medical assistance
33 or first aid personnel engaged in the performance of any
34 of his or her official duties, or to prevent the
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1 emergency medical technician - ambulance, emergency
2 medical technician - intermediate, emergency medical
3 technician - paramedic, ambulance driver, or other
4 medical assistance or first aid personnel from performing
5 official duties, or in retaliation for performing
6 official duties;
7 (8) Is, or the person battered is, on or about a
8 public way, public property or public place of
9 accommodation or amusement;
10 (9) Knows the individual harmed to be the driver,
11 operator, employee or passenger of any transportation
12 facility or system engaged in the business of
13 transportation of the public for hire and the individual
14 assaulted is then performing in such capacity or then
15 using such public transportation as a passenger or using
16 any area of any description designated by the
17 transportation facility or system as a vehicle boarding,
18 departure, or transfer location;
19 (10) Knowingly and without legal justification and
20 by any means causes bodily harm to an individual of 60
21 years of age or older;
22 (11) Knows the individual harmed is pregnant;
23 (12) Knows the individual harmed to be a judge whom
24 the person intended to harm as a result of the judge's
25 performance of his or her official duties as a judge;
26 (13) Knows the individual harmed to be an employee
27 of the Illinois Department of Children and Family
28 Services engaged in the performance of his authorized
29 duties as such employee;
30 (14) Knows the individual harmed to be a person who
31 is physically handicapped; or
32 (15) Knowingly and without legal justification and
33 by any means causes bodily harm to a merchant who detains
34 the person for an alleged commission of retail theft
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1 under Section 16A-5 of this Code. In this item (15),
2 "merchant" has the meaning ascribed to it in Section
3 16A-2.4 of this Code.
4 For the purpose of paragraph (14) of subsection (b) of
5 this Section, a physically handicapped person is a person who
6 suffers from a permanent and disabling physical
7 characteristic, resulting from disease, injury, functional
8 disorder or congenital condition.
9 (c) A person who administers to an individual or causes
10 him to take, without his consent or by threat or deception,
11 and for other than medical purposes, any intoxicating,
12 poisonous, stupefying, narcotic, or anesthetic, or controlled
13 substance commits aggravated battery.
14 (d) A person who knowingly gives to another person any
15 food that contains any substance or object that is intended
16 to cause physical injury if eaten, commits aggravated
17 battery.
18 (e) Sentence.
19 Aggravated battery is a Class 3 felony.
20 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98.)
21 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
22 Sec. 12-14. Aggravated Criminal Sexual Assault.
23 (a) The accused commits aggravated criminal sexual
24 assault if he or she commits criminal sexual assault and any
25 of the following aggravating circumstances existed during, or
26 for the purposes of paragraph (7) of this subsection (a) as
27 part of the same course of conduct as, the commission of the
28 offense:
29 (1) the accused displayed, threatened to use, or
30 used a dangerous weapon or any object fashioned or
31 utilized in such a manner as to lead the victim under the
32 circumstances reasonably to believe it to be a dangerous
33 weapon; or
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1 (2) the accused caused bodily harm to the victim;
2 or
3 (3) the accused acted in such a manner as to
4 threaten or endanger the life of the victim or any other
5 person; or
6 (4) the criminal sexual assault was perpetrated
7 during the course of the commission or attempted
8 commission of any other felony by the accused; or
9 (5) the victim was 60 years of age or over when the
10 offense was committed; or
11 (6) the victim was a physically handicapped person;
12 or .
13 (7) the accused delivered (by injection,
14 inhalation, ingestion, transfer of possession, or any
15 other means) to the victim without his or her consent, or
16 by threat or deception, any controlled substance.
17 (b) The accused commits aggravated criminal sexual
18 assault if the accused was under 17 years of age and (i)
19 commits an act of sexual penetration with a victim who was
20 under 9 years of age when the act was committed; or (ii)
21 commits an act of sexual penetration with a victim who was at
22 least 9 years of age but under 13 years of age when the act
23 was committed and the accused used force or threat of force
24 to commit the act.
25 (c) The accused commits aggravated criminal sexual
26 assault if he or she commits an act of sexual penetration
27 with a victim who was an institutionalized severely or
28 profoundly mentally retarded person at the time the act was
29 committed.
30 (d) Sentence.
31 (1) Aggravated criminal sexual assault is a Class X
32 felony.
33 (2) A person who is convicted of a second or
34 subsequent offense of aggravated criminal sexual assault,
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1 or who is convicted of the offense of aggravated criminal
2 sexual assault after having previously been convicted of
3 the offense of criminal sexual assault or the offense of
4 predatory criminal sexual assault of a child, or who is
5 convicted of the offense of aggravated criminal sexual
6 assault after having previously been convicted under the
7 laws of this or any other state of an offense that is
8 substantially equivalent to the offense of criminal
9 sexual assault, the offense of aggravated criminal sexual
10 assault or the offense of predatory criminal sexual
11 assault of a child, shall be sentenced to a term of
12 natural life imprisonment. The commission of the second
13 or subsequent offense is required to have been after the
14 initial conviction for this paragraph (2) to apply.
15 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
16 90-396, eff. 1-1-98.)
17 (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
18 Sec. 12-16. Aggravated Criminal Sexual Abuse.
19 (a) The accused commits aggravated criminal sexual abuse
20 if he or she commits criminal sexual abuse as defined in
21 subsection (a) of Section 12-15 of this Code and any of the
22 following aggravating circumstances existed during, or for
23 the purposes of paragraph (7) of this subsection (a) as part
24 of the same course of conduct as, the commission of the
25 offense:
26 (1) the accused displayed, threatened to use or
27 used a dangerous weapon or any object fashioned or
28 utilized in such a manner as to lead the victim under the
29 circumstances reasonably to believe it to be a dangerous
30 weapon; or
31 (2) the accused caused bodily harm to the victim;
32 or
33 (3) the victim was 60 years of age or over when the
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1 offense was committed; or
2 (4) the victim was a physically handicapped person;
3 or
4 (5) the accused acted in such a manner as to
5 threaten or endanger the life of the victim or any other
6 person; or
7 (6) the criminal sexual abuse was perpetrated
8 during the course of the commission or attempted
9 commission of any other felony by the accused; or .
10 (7) the accused delivered (by injection,
11 inhalation, ingestion, transfer of possession, or any
12 other means) to the victim without his or her consent, or
13 by threat or deception, any controlled substance.
14 (b) The accused commits aggravated criminal sexual abuse
15 if he or she commits an act of sexual conduct with a victim
16 who was under 18 years of age when the act was committed and
17 the accused was a family member.
18 (c) The accused commits aggravated criminal sexual abuse
19 if:
20 (1) the accused was 17 years of age or over and (i)
21 commits an act of sexual conduct with a victim who was
22 under 13 years of age when the act was committed; or (ii)
23 commits an act of sexual conduct with a victim who was at
24 least 13 years of age but under 17 years of age when the
25 act was committed and the accused used force or threat of
26 force to commit the act; or
27 (2) the accused was under 17 years of age and (i)
28 commits an act of sexual conduct with a victim who was
29 under 9 years of age when the act was committed; or (ii)
30 commits an act of sexual conduct with a victim who was at
31 least 9 years of age but under 17 years of age when the
32 act was committed and the accused used force or threat of
33 force to commit the act.
34 (d) The accused commits aggravated criminal sexual abuse
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1 if he or she commits an act of sexual penetration or sexual
2 conduct with a victim who was at least 13 years of age but
3 under 17 years of age and the accused was at least 5 years
4 older than the victim.
5 (e) The accused commits aggravated criminal sexual abuse
6 if he or she commits an act of sexual conduct with a victim
7 who was an institutionalized severely or profoundly mentally
8 retarded person at the time the act was committed.
9 (f) The accused commits aggravated criminal sexual abuse
10 if he or she commits an act of sexual conduct with a victim
11 who was at least 13 years of age but under 18 years of age
12 when the act was committed and the accused was 17 years of
13 age or over and held a position of trust, authority or
14 supervision in relation to the victim.
15 (g) Sentence. Aggravated criminal sexual abuse is a
16 Class 2 felony.
17 (Source: P.A. 88-99; 89-586, eff. 7-31-96.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.