Bill Amendment: IL SB0142 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-SEXUAL ASSAULT/ABUSE
Status: 2021-01-13 - Session Sine Die [SB0142 Detail]
Download: Illinois-2019-SB0142-Senate_Amendment_001.html
Bill Title: SCH CD-SEXUAL ASSAULT/ABUSE
Status: 2021-01-13 - Session Sine Die [SB0142 Detail]
Download: Illinois-2019-SB0142-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 142
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2 | AMENDMENT NO. ______. Amend Senate Bill 142 as follows:
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3 | on page 1, line 13, by replacing "21B-80, 34-18.5, and 34-84b" | ||||||
4 | with "and 34-18.5"; and
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5 | by deleting line 6 on page 24 through line 20 on page 27; and
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6 | by deleting line 12 on page 38 through line 22 on page 40; and
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7 | by replacing line 23 on page 40 through line 21 on page 41 with | ||||||
8 | the following:
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9 | "Section 15. The Criminal Code of 2012 is amended by | ||||||
10 | changing Sections 11-1.50 and 11-1.60 as follows:
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11 | (720 ILCS 5/11-1.50) (was 720 ILCS 5/12-15)
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12 | Sec. 11-1.50. Criminal sexual abuse.
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1 | (a) A person commits criminal sexual abuse if that person:
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2 | (1) commits an act of sexual conduct by the use of | ||||||
3 | force or threat of
force; or
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4 | (2) commits an act of sexual conduct and knows that the | ||||||
5 | victim is unable to understand the nature of the act or
is | ||||||
6 | unable to give knowing consent.
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7 | (b) A person commits criminal sexual abuse if
that person | ||||||
8 | is under 17 years of age and commits an act of sexual
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9 | penetration or sexual conduct with a victim who is at least 9 | ||||||
10 | years of age
but under 17 years of age.
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11 | (c) A person commits criminal sexual abuse if that person | ||||||
12 | commits an
act of sexual penetration or sexual conduct with a | ||||||
13 | victim who is at least
13 years of age but under 17 years of age | ||||||
14 | and the person is less than 5
years older than the victim.
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15 | (c-5) A person commits criminal sexual abuse if he or she | ||||||
16 | commits an act of sexual conduct with a victim who is at least | ||||||
17 | 18 years of age but under 21 years of age when the act was | ||||||
18 | committed and who is a student attending classes at a public or | ||||||
19 | private secondary school and the accused held or holds the | ||||||
20 | position of a teacher, administrator, or other employee of the | ||||||
21 | same school at the time of the offense. | ||||||
22 | (d) Sentence. Criminal sexual abuse
for a violation of | ||||||
23 | subsection (b) or
(c) of this Section
is a Class A misdemeanor.
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24 | Criminal sexual abuse for a violation of paragraph (1) or (2)
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25 | of subsection (a) or (c-5) of this Section is a Class 4 felony.
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26 | A second
or subsequent conviction
for a violation of subsection |
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1 | (a) of this Section is a Class 2 felony.
For purposes of this
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2 | Section it is a second or subsequent conviction if
the accused | ||||||
3 | has at any
time been convicted under this Section or under any | ||||||
4 | similar statute of this
State or any other state for any | ||||||
5 | offense involving sexual abuse or sexual
assault that is | ||||||
6 | substantially equivalent to or more serious than the sexual
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7 | abuse prohibited under this Section.
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8 | (Source: P.A. 96-1551, eff. 7-1-11 .)
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9 | (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
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10 | Sec. 11-1.60. Aggravated criminal sexual abuse.
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11 | (a) A person commits aggravated criminal sexual abuse if | ||||||
12 | that person commits criminal sexual abuse and any of the | ||||||
13 | following aggravating circumstances exist (i) during the | ||||||
14 | commission of the offense or (ii) for purposes of paragraph | ||||||
15 | (7), as part of the same course of conduct as the commission of | ||||||
16 | the offense: | ||||||
17 | (1) the person displays, threatens to use, or uses a | ||||||
18 | dangerous weapon or any other object fashioned or used in a | ||||||
19 | manner that leads the victim, under the circumstances, | ||||||
20 | reasonably to believe that the object is a dangerous | ||||||
21 | weapon; | ||||||
22 | (2) the person causes bodily harm to the victim; | ||||||
23 | (3) the victim is 60 years of age or older; | ||||||
24 | (4) the victim is a person with a physical disability; | ||||||
25 | (5) the person acts in a manner that threatens or |
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1 | endangers the life of the victim or any other person; | ||||||
2 | (6) the person commits the criminal sexual abuse during | ||||||
3 | the course of committing or attempting to commit any other | ||||||
4 | felony; or | ||||||
5 | (7) the person delivers (by injection, inhalation, | ||||||
6 | ingestion, transfer of possession, or any other means) any | ||||||
7 | controlled substance to the victim for other than medical | ||||||
8 | purposes without the victim's consent or by threat or | ||||||
9 | deception.
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10 | (b) A person commits aggravated criminal sexual abuse if | ||||||
11 | that person
commits an act of sexual conduct with a victim who | ||||||
12 | is under 18
years of age
and the person is a family member.
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13 | (c) A person commits aggravated criminal sexual abuse if:
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14 | (1) that person is 17 years of age or over and: (i) | ||||||
15 | commits an act of
sexual
conduct with a victim who is under | ||||||
16 | 13 years of age; or
(ii) commits an act of sexual conduct | ||||||
17 | with a victim who is at least 13
years of age but under 17 | ||||||
18 | years of age and the
person uses force or threat of force | ||||||
19 | to commit the act; or
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20 | (2) that person is under 17 years of age and: (i) | ||||||
21 | commits an act of
sexual conduct with a victim who is under | ||||||
22 | 9 years of age; or (ii) commits an act of sexual conduct | ||||||
23 | with a victim who is
at least 9 years of age but under 17 | ||||||
24 | years of age and the person uses force or threat of force | ||||||
25 | to commit the act.
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26 | (d) A person commits aggravated criminal sexual abuse if |
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1 | that person
commits an act of sexual penetration or sexual | ||||||
2 | conduct with a victim
who is at least 13
years of age but under | ||||||
3 | 17 years of age and the person is at least 5 years
older than | ||||||
4 | the victim.
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5 | (e) A person commits aggravated criminal sexual abuse if | ||||||
6 | that person
commits an act of sexual conduct with a victim who | ||||||
7 | is a
person with a severe or profound intellectual disability.
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8 | (f) A person commits aggravated criminal sexual abuse if
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9 | that person commits an act of sexual conduct with a victim who | ||||||
10 | is at least
13 years of age but under 18 years of age and
the | ||||||
11 | person is 17 years of age or over and holds a position of | ||||||
12 | trust,
authority, or supervision in relation to the victim.
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13 | (f-5) A person commits aggravated criminal sexual abuse if | ||||||
14 | he or she commits an act of sexual penetration with a victim | ||||||
15 | who is at least 18 years of age but under 21 years of age when | ||||||
16 | the act was committed and who is a student attending classes at | ||||||
17 | a public or private secondary school and the accused held or | ||||||
18 | holds the position of a teacher, administrator, or other | ||||||
19 | employee of the same school at the time of the offense. | ||||||
20 | (g) Sentence. Aggravated criminal sexual abuse is a Class 2 | ||||||
21 | felony.
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22 | (Source: P.A. 99-143, eff. 7-27-15.)".
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