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| [ Senate Amendment 001 ] |
90_SB1224eng
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.
LRB9007713RCpcA
SB1224 Engrossed LRB9007713RCpcA
1 AN ACT in relation to criminal law, amending named Acts.
2 WHEREAS, It is the intent of the General Assembly to
3 prevent the use of controlled substances to commit crimes,
4 including criminal sexual assault, against people in this
5 State and the General Assembly has determined to accomplish
6 this by imposing criminal penalties for that use of
7 controlled substances; therefore
8 Be it enacted by the People of the State of Illinois,
9 represented in the General Assembly:
10 Section 5. The Criminal Code of 1961 is amended by
11 changing Sections 12-4, 12-14, 12-14.1, 12-16, 12-18 and 18-5
12 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 5/12-14.1)
18 Sec. 12-14.1. Predatory criminal sexual assault of a
19 child.
20 (a) The accused commits predatory criminal sexual
21 assault of a child if:
22 (1) the accused was 17 years of age or over and
23 commits an act of sexual penetration with a victim who
24 was under 13 years of age when the act was committed; or
25 (2) the accused was 17 years of age or over and
26 commits an act of sexual penetration with a victim who
27 was under 13 years of age when the act was committed and
28 the accused caused great bodily harm to the victim that:
29 (A) resulted in permanent disability; or
30 (B) was life threatening; or.
31 (3) the accused was 17 years of age or over and
32 commits an act of sexual penetration with a victim who
33 was under 13 years of age when the act was committed and
SB1224 Engrossed -7- LRB9007713RCpcA
1 the accused delivered (by injection, inhalation,
2 ingestion, transfer of possession, or any other means) to
3 the victim without his or her consent, or by threat or
4 deception, any controlled substance.
5 (b) Sentence.
6 (1) A person convicted of a violation of subsection
7 (a)(1) commits a Class X felony. A person convicted of a
8 violation of subsection (a)(2) or (a) (3) commits a Class
9 X felony for which the person shall be sentenced to a
10 term of imprisonment of not less than 50 years and not
11 more than 60 years.
12 (2) A person who is convicted of a second or
13 subsequent offense of predatory criminal sexual assault
14 of a child, or who is convicted of the offense of
15 predatory criminal sexual assault of a child after having
16 previously been convicted of the offense of criminal
17 sexual assault or the offense of aggravated criminal
18 sexual assault, or who is convicted of the offense of
19 predatory criminal sexual assault of a child after having
20 previously been convicted under the laws of this State or
21 any other state of an offense that is substantially
22 equivalent to the offense of predatory criminal sexual
23 assault of a child, the offense of aggravated criminal
24 sexual assault or the offense of criminal sexual assault,
25 shall be sentenced to a term of natural life
26 imprisonment. The commission of the second or subsequent
27 offense is required to have been after the initial
28 conviction for this paragraph (2) to apply.
29 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
30 90-396, eff. 1-1-98.)
31 (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
32 Sec. 12-16. Aggravated Criminal Sexual Abuse.
33 (a) The accused commits aggravated criminal sexual abuse
SB1224 Engrossed -8- LRB9007713RCpcA
1 if he or she commits criminal sexual abuse as defined in
2 subsection (a) of Section 12-15 of this Code and any of the
3 following aggravating circumstances existed during, or for
4 the purposes of paragraph (7) of this subsection (a) as part
5 of the same course of conduct as, the commission of the
6 offense:
7 (1) the accused displayed, threatened to use or
8 used a dangerous weapon or any object fashioned or
9 utilized in such a manner as to lead the victim under the
10 circumstances reasonably to believe it to be a dangerous
11 weapon; or
12 (2) the accused caused bodily harm to the victim;
13 or
14 (3) the victim was 60 years of age or over when the
15 offense was committed; or
16 (4) the victim was a physically handicapped person;
17 or
18 (5) the accused acted in such a manner as to
19 threaten or endanger the life of the victim or any other
20 person; or
21 (6) the criminal sexual abuse was perpetrated
22 during the course of the commission or attempted
23 commission of any other felony by the accused; or .
24 (7) the accused delivered (by injection,
25 inhalation, ingestion, transfer of possession, or any
26 other means) to the victim without his or her consent, or
27 by threat or deception, any controlled substance.
28 (b) The accused commits aggravated criminal sexual abuse
29 if he or she commits an act of sexual conduct with a victim
30 who was under 18 years of age when the act was committed and
31 the accused was a family member.
32 (c) The accused commits aggravated criminal sexual abuse
33 if:
34 (1) the accused was 17 years of age or over and (i)
SB1224 Engrossed -9- LRB9007713RCpcA
1 commits an act of sexual conduct with a victim who was
2 under 13 years of age when the act was committed; or (ii)
3 commits an act of sexual conduct with a victim who was at
4 least 13 years of age but under 17 years of age when the
5 act was committed and the accused used force or threat of
6 force to commit the act; or
7 (2) the accused was under 17 years of age and (i)
8 commits an act of sexual conduct with a victim who was
9 under 9 years of age when the act was committed; or (ii)
10 commits an act of sexual conduct with a victim who was at
11 least 9 years of age but under 17 years of age when the
12 act was committed and the accused used force or threat of
13 force to commit the act.
14 (d) The accused commits aggravated criminal sexual abuse
15 if he or she commits an act of sexual penetration or sexual
16 conduct with a victim who was at least 13 years of age but
17 under 17 years of age and the accused was at least 5 years
18 older than the victim.
19 (e) The accused commits aggravated criminal sexual abuse
20 if he or she commits an act of sexual conduct with a victim
21 who was an institutionalized severely or profoundly mentally
22 retarded person at the time the act was committed.
23 (f) The accused commits aggravated criminal sexual abuse
24 if he or she commits an act of sexual conduct with a victim
25 who was at least 13 years of age but under 18 years of age
26 when the act was committed and the accused was 17 years of
27 age or over and held a position of trust, authority or
28 supervision in relation to the victim.
29 (g) Sentence. Aggravated criminal sexual abuse is a
30 Class 2 felony.
31 (Source: P.A. 88-99; 89-586, eff. 7-31-96.)
32 (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
33 Sec. 12-18. General Provisions.
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1 (a) No person accused of violating Sections 12-13,
2 12-14, 12-15 or 12-16 of this Code shall be presumed to be
3 incapable of committing an offense prohibited by Sections
4 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
5 age, physical condition or relationship to the victim, except
6 as otherwise provided in subsection (c) of this Section.
7 Nothing in this Section shall be construed to modify or
8 abrogate the affirmative defense of infancy under Section 6-1
9 of this Code or the provisions of Section 5-4 of the Juvenile
10 Court Act of 1987.
11 (b) Any medical examination or procedure which is
12 conducted by a physician, nurse, medical or hospital
13 personnel, parent, or caretaker for purposes and in a manner
14 consistent with reasonable medical standards is not an
15 offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
16 of this Code.
17 (c) Prosecution of a spouse of a victim under this
18 subsection for any violation by the victim's spouse of
19 Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
20 unless the victim reported such offense to a law enforcement
21 agency or the State's Attorney's office within 30 days after
22 the offense was committed, except when the court finds good
23 cause for the delay.
24 (d) In addition to the sentences provided for in
25 Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
26 Criminal Code of 1961 the Court may order any person who is
27 convicted of violating any of those Sections to meet all or
28 any portion of the financial obligations of treatment,
29 including but not limited to medical, psychiatric,
30 rehabilitative or psychological treatment, prescribed for the
31 victim or victims of the offense.
32 (e) After a finding at a preliminary hearing that there
33 is probable cause to believe that an accused has committed a
34 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
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1 or after an indictment is returned charging an accused with a
2 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
3 at the request of the person who was the victim of the
4 violation of Section 12-13, 12-14, or 12-14.1, the
5 prosecuting State's attorney shall seek an order from the
6 court to compel the accused to be tested for infection with
7 human immunodeficiency virus (HIV). The medical test shall
8 be performed only by appropriately licensed medical
9 practitioners, and shall consist of an enzyme-linked
10 immunosorbent assay (ELISA) test, or such other test as may
11 be approved by the Illinois Department of Public Health; in
12 the event of a positive result, the Western Blot Assay or a
13 more reliable confirmatory test shall be administered. The
14 results of the test shall be kept strictly confidential by
15 all medical personnel involved in the testing and must be
16 personally delivered in a sealed envelope to the victim and
17 to the judge who entered the order, for the judge's
18 inspection in camera. Acting in accordance with the best
19 interests of the victim and the public, the judge shall have
20 the discretion to determine to whom, if anyone, the result of
21 the testing may be revealed; however, in no case shall the
22 identity of the victim be disclosed. The court shall order
23 that the cost of the test shall be paid by the county, and
24 may be taxed as costs against the accused if convicted.
25 (f) Whenever any emergency room personnel or law
26 enforcement officer has reasonable cause to believe that a
27 person has been delivered a controlled substance without his
28 or her consent, they shall advise the victim about seeking
29 medical treatment and preserving evidence and if necessary
30 provide or arrange accessible transportation for the victim
31 to an appropriate medical facility. In addition, medical,
32 law enforcement or other personnel shall provide:
33 (1) An explanation to the victim about the nature and
34 effects of commonly used controlled substances and how such
SB1224 Engrossed -12- LRB9007713RCpcA
1 controlled substances are administered.
2 (2) An offer to the victim of testing for the presence
3 of such controlled substances.
4 (3) A disclosure to the victim that all controlled
5 substances or alcohol ingested by the victim will be
6 disclosed by the test.
7 (4) A statement that the test is completely voluntary.
8 (5) A form for written authorization for sample analysis
9 of all controlled substances and alcohol ingested by the
10 victim.
11 No sample analysis may be performed unless the victim
12 returns a signed written authorization to law enforcement
13 personnel within 48 hours after the sample was collected.
14 (Source: P.A. 88-421; 89-428, eff. 12-13-95; 89-462, eff.
15 5-29-96.)
16 (720 ILCS 5/18-5)
17 Sec. 18-5. Aggravated robbery.
18 (a) A person commits aggravated robbery when he or she
19 takes property from the person or presence of another by the
20 use of force or by threatening the imminent use of force
21 while indicating verbally or by his or her actions to the
22 victim that he or she is presently armed with a firearm.
23 This offense shall be applicable even though it is later
24 determined that he or she had no firearm in his or her
25 possession when he or she committed the robbery.
26 (a-5) A person commits aggravated robbery when he or she
27 takes property from the person or presence of another by
28 delivering (by injection, inhalation, ingestion, transfer of
29 possession, or any other means) to the victim without his or
30 her consent, or by threat or deception, any controlled
31 substance.
32 (b) Sentence. Aggravated robbery is a Class 1 felony.
33 (Source: P.A. 88-144; 88-670, eff. 12-2-94.)
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1 Section 10. The Code of Criminal Procedure of 1963 is
2 amended by changing Section 115-7.3 as follows:
3 (725 ILCS 5/115-7.3)
4 Sec. 115-7.3. Evidence in certain cases.
5 (a) This Section applies to criminal cases in which:
6 (1) the defendant is accused of predatory criminal
7 sexual assault of a child, aggravated criminal sexual
8 assault, criminal sexual assault, aggravated criminal
9 sexual abuse, criminal sexual abuse, or criminal
10 transmission of HIV;
11 (2) the defendant is accused of battery or
12 aggravated battery when the commission of the offense
13 involves sexual penetration or sexual conduct as defined
14 in Section 12-12 of the Criminal Code of 1961; or
15 (3) the defendant is tried or retried for any of
16 the offenses formerly known as rape, deviate sexual
17 assault, indecent liberties with a child, or aggravated
18 indecent liberties with a child.
19 (b) If the defendant is accused of an offense set forth
20 in paragraph (1) or (2) of subsection (a) or the defendant is
21 tried or retried for any of the offenses set forth in
22 paragraph (3) of subsection (a), evidence of the defendant's
23 commission of another offense or offenses set forth in
24 paragraph (1), (2), or (3) of subsection (a), or evidence to
25 rebut that proof or an inference from that proof, may be
26 admissible (if that evidence is otherwise admissible under
27 the rules of evidence) and may be considered for its bearing
28 on any matter to which it is relevant.
29 (c) In weighing the probative value of the evidence
30 against undue prejudice to the defendant, the court may
31 consider:
32 (1) the proximity in time to the charged or
33 predicate offense;
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1 (2) the degree of factual similarity to the charged
2 or predicate offense; or
3 (3) other relevant facts and circumstances.
4 (d) In a criminal case in which the prosecution intends
5 to offer evidence under this Section, it must disclose the
6 evidence, including statements of witnesses or a summary of
7 the substance of any testimony, at a reasonable time in
8 advance of trial, or during trial if the court excuses
9 pretrial notice on good cause shown.
10 (e) In a criminal case in which evidence is offered
11 under this Section, proof may be made by specific instances
12 of conduct, testimony as to reputation, or testimony in the
13 form of an expert opinion, except that the prosecution may
14 offer reputation testimony only after the opposing party has
15 offered that testimony.
16 (f) In prosecutions for a violation of Section 10-2,
17 12-4, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the
18 Criminal Code of 1961, involving the involuntary delivery of
19 a controlled substance to a victim, no inference may be made
20 about the fact that a victim did not consent to a test for
21 the presence of controlled substances.
22 (Source: P.A. 90-132, eff. 1-1-98.)
23 Section 95. Severability. The provisions of this Act
24 are severable under Section 1.31 of the Statute on Statutes.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.