Bill Text: IL HB4516 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Criminal Code of 2012 concerning predatory criminal sexual assault of a child. Provides that in order for the offense to be committed by the act of contact between the sex organ or anus of one person and the part of the body of another, the contact must be for the purpose of sexual gratification or arousal of the victim or the accused.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0903 [HB4516 Detail]
Download: Illinois-2013-HB4516-Chaptered.html
| ||||
| Public Act 098-0903 | ||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Criminal Code of 2012 is amended by changing | ||||
Section 11-1.40 as follows:
| ||||
(720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
| ||||
Sec. 11-1.40. Predatory criminal sexual assault of a child.
| ||||
(a) A person commits predatory criminal sexual assault of a | ||||
child if that person is 17 years of age or older, and commits | ||||
an act of sexual penetration or an act of contact, however | ||||
slight, between the sex organ or anus of one person and the | ||||
part of the body of another for the purpose of sexual | ||||
gratification or arousal of the victim or the accused, or an | ||||
act of sexual penetration, and the accused is 17 years of age | ||||
or older, and: | ||||
(1) the victim is under 13 years of age; or | ||||
(2) the victim is under 13 years of age and that | ||||
person: | ||||
(A) is armed with a firearm; | ||||
(B) personally discharges a firearm during the | ||||
commission of the offense; | ||||
(C) causes great bodily harm to the victim that: | ||||
(i) results in permanent disability; or | ||||
(ii) is life threatening; or | ||
(D) delivers (by injection, inhalation, ingestion, | ||
transfer of possession, or any other means) any | ||
controlled substance to the victim without the | ||
victim's consent or by threat or deception, for other | ||
than medical purposes.
| ||
(b) Sentence.
| ||
(1) A person convicted of a violation of subsection | ||
(a)(1)
commits a Class X felony, for which the person shall | ||
be sentenced to a term of imprisonment of not less than 6 | ||
years and not more than 60 years.
A person convicted of a | ||
violation of subsection (a)(2)(A) commits a Class X
felony | ||
for which 15 years shall be added to the term of | ||
imprisonment imposed by
the court. A person convicted of a | ||
violation of subsection (a)(2)(B) commits a
Class X felony | ||
for which 20 years shall be added to the term of | ||
imprisonment
imposed by the court. A person convicted of a | ||
violation of subsection (a)(2)(C)
commits a Class X felony | ||
for which the person shall be sentenced to a term of
| ||
imprisonment of not less than 50 years or up to a term of | ||
natural life
imprisonment.
| ||
(1.1) A person convicted of a violation of subsection | ||
(a)(2)(D) commits a
Class X felony for which the person
| ||
shall be
sentenced to a
term of imprisonment of not less | ||
than 50 years and not more than 60 years.
| ||
(1.2) A person convicted of predatory criminal sexual | ||
assault of a child
committed
against 2 or more persons | ||
regardless of whether the offenses occurred as the
result | ||
of the same act or of several related or unrelated acts | ||
shall be
sentenced to a term of natural life imprisonment.
| ||
(2) A person who is convicted of a second or subsequent | ||
offense of
predatory criminal sexual assault of a child, or | ||
who is convicted of the
offense of
predatory criminal | ||
sexual assault of a child after having previously been
| ||
convicted of the offense of criminal sexual assault or the | ||
offense of
aggravated criminal sexual assault, or who is | ||
convicted of the offense of
predatory criminal sexual | ||
assault of a child after having previously been
convicted | ||
under the laws of this State
or any other state of an | ||
offense that is substantially equivalent to the
offense
of | ||
predatory criminal sexual assault of a child, the offense | ||
of aggravated
criminal sexual assault or the offense of | ||
criminal sexual assault, shall be
sentenced to a term of | ||
natural life imprisonment.
The commission of the second or | ||
subsequent offense is required to have been
after the | ||
initial conviction for this paragraph (2) to apply.
| ||
(Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||
