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92_HB4926enr HB4926 Enrolled LRB9212738RCcd 1 AN ACT in relation to 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 1961 is amended by 5 changing Section 12-14 and by adding Section 12-35 as 6 follows: 7 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14) 8 Sec. 12-14. Aggravated Criminal Sexual Assault. 9 (a) The accused commits aggravated criminal sexual 10 assault if he or she commits criminal sexual assault and any 11 of the following aggravating circumstances existed during, or 12 for the purposes of paragraph (7) of this subsection (a) as 13 part of the same course of conduct as, the commission of the 14 offense: 15 (1) the accused displayed, threatened to use, or 16 used a dangerous weapon, other than a firearm, or any 17 object fashioned or utilized in such a manner as to lead 18 the victim under the circumstances reasonably to believe 19 it to be a dangerous weapon; or 20 (2) the accused caused bodily harm, except as 21 provided in subsection (a)(10), to the victim; or 22 (3) the accused acted in such a manner as to 23 threaten or endanger the life of the victim or any other 24 person; or 25 (4) the criminal sexual assault was perpetrated 26 during the course of the commission or attempted 27 commission of any other felony by the accused; or 28 (5) the victim was 60 years of age or over when the 29 offense was committed; or 30 (6) the victim was a physically handicapped person; 31 or HB4926 Enrolled -2- LRB9212738RCcd 1 (7) the accused delivered (by injection, 2 inhalation, ingestion, transfer of possession, or any 3 other means) to the victim without his or her consent, or 4 by threat or deception, and for other than medical 5 purposes, any controlled substance; or 6 (8) the accused was armed with a firearm; or 7 (9) the accused personally discharged a firearm 8 during the commission of the offense; or 9 (10) the accused, during the commission of the 10 offense, personally discharged a firearm that proximately 11 caused great bodily harm, permanent disability, permanent 12 disfigurement, or death to another person. 13 (b) The accused commits aggravated criminal sexual 14 assault if the accused was under 17 years of age and (i) 15 commits an act of sexual penetration with a victim who was 16 under 9 years of age when the act was committed; or (ii) 17 commits an act of sexual penetration with a victim who was at 18 least 9 years of age but under 13 years of age when the act 19 was committed and the accused used force or threat of force 20 to commit the act. 21 (c) The accused commits aggravated criminal sexual 22 assault if he or she commits an act of sexual penetration 23 with a victim who was a severely or profoundly mentally 24 retarded person at the time the act was committed. 25 (d) Sentence. 26 (1) Aggravated criminal sexual assault in violation 27 of paragraph(1),(2), (3), (4), (5), (6), or (7) of 28 subsection (a) or in violation of subsection (b) or (c) 29 is a Class X felony. A violation of subsection (a)(1) is 30 a Class X felony for which 10 years shall be added to the 31 term of imprisonment imposed by the court. A violation of 32 subsection (a)(8) is a Class X felony for which 15 years 33 shall be added to the term of imprisonment imposed by the 34 court. A violation of subsection (a)(9) is a Class X HB4926 Enrolled -3- LRB9212738RCcd 1 felony for which 20 years shall be added to the term of 2 imprisonment imposed by the court. A violation of 3 subsection (a)(10) is a Class X felony for which 25 years 4 or up to a term of natural life imprisonment shall be 5 added to the term of imprisonment imposed by the court. 6 (2) A person who is convicted of a second or 7 subsequent offense of aggravated criminal sexual assault, 8 or who is convicted of the offense of aggravated criminal 9 sexual assault after having previously been convicted of 10 the offense of criminal sexual assault or the offense of 11 predatory criminal sexual assault of a child, or who is 12 convicted of the offense of aggravated criminal sexual 13 assault after having previously been convicted under the 14 laws of this or any other state of an offense that is 15 substantially equivalent to the offense of criminal 16 sexual assault, the offense of aggravated criminal sexual 17 assault or the offense of predatory criminal sexual 18 assault of a child, shall be sentenced to a term of 19 natural life imprisonment. The commission of the second 20 or subsequent offense is required to have been after the 21 initial conviction for this paragraph (2) to apply. 22 (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 23 92-502, eff. 12-19-01.) 24 (720 ILCS 5/12-35 new) 25 Sec. 12-35. Sexual conduct or sexual contact with an 26 animal. 27 (a) A person may not knowingly engage in any sexual 28 conduct or sexual contact with an animal. 29 (b) A person may not knowingly cause, aid, or abet 30 another person to engage in any sexual conduct or sexual 31 contact with an animal. 32 (c) A person may not knowingly permit any sexual conduct 33 or sexual contact with an animal to be conducted on any HB4926 Enrolled -4- LRB9212738RCcd 1 premises under his or her charge or control. 2 (d) A person may not knowingly engage in, promote, aid, 3 or abet any activity involving any sexual conduct or sexual 4 contact with an animal for a commercial or recreational 5 purpose. 6 (e) Sentence. A person who violates this Section is 7 guilty of a Class 4 felony. A person who violates this 8 Section in the presence of a person under 18 years of age or 9 causes the animal serious physical injury or death is guilty 10 of a Class 3 felony. 11 (f) In addition to the penalty imposed in subsection 12 (e), the court may order that the defendant do any of the 13 following: 14 (1) Not harbor animals or reside in any household 15 where animals are present for a reasonable period of time 16 or permanently, if necessary. 17 (2) Relinquish and permanently forfeit all animals 18 residing in the household to a recognized or duly 19 organized animal shelter or humane society. 20 (3) Undergo a psychological evaluation and 21 counseling at defendant's expense. 22 (4) Reimburse the animal shelter or humane society 23 for any reasonable costs incurred for the care and 24 maintenance of the animal involved in the sexual conduct 25 or sexual contact in addition to any animals relinquished 26 to the animal shelter or humane society. 27 (g) Nothing in this Section shall be construed to 28 prohibit accepted animal husbandry practices or accepted 29 veterinary medical practices by a licensed veterinarian or 30 certified veterinary technician. 31 (h) If the court has reasonable grounds to believe that 32 a violation of this Section has occurred, the court may order 33 the seizure of all animals involved in the alleged violation 34 as a condition of bond of a person charged with a violation HB4926 Enrolled -5- LRB9212738RCcd 1 of this Section. 2 (i) In this Section: 3 "Animal" means every creature, either alive or dead, 4 other than a human being. 5 "Sexual conduct" means any touching or fondling by a 6 person, either directly or through clothing, of the sex 7 organs or anus of an animal or any transfer or transmission 8 of semen by the person upon any part of the animal, for the 9 purpose of sexual gratification or arousal of the person. 10 "Sexual contact" means any contact, however slight, 11 between the sex organ or anus of a person and the sex organ, 12 mouth, or anus of an animal, or any intrusion, however 13 slight, of any part of the body of the person into the sex 14 organ or anus of an animal, for the purpose of sexual 15 gratification or arousal of the person. Evidence of emission 16 of semen is not required to prove sexual contact.