Rep. Emily McAsey
Filed: 3/21/2014
 
 


 




09800HB4516ham001LRB098 15813 RLC 56874 a



1
AMENDMENT TO HOUSE BILL 4516 




2 AMENDMENT NO. ______. Amend House Bill 4516 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Section 11-1.40 as follows:




6 (720 ILCS 5/11-1.40)
 (was 720 ILCS 5/12-14.1)

7 Sec. 11-1.40. Predatory criminal sexual assault of a child. 

8 (a) A person commits predatory criminal sexual assault of a 
9child if that person is 17 years of age or older, and commits 
10an act of sexual penetration or an act of contact, however 
11slight, between the sex organ or anus of one person and the 
12part of the body of another for the purpose of sexual 
13gratification or arousal of the victim or the accused, or an 
14act of sexual penetration, and the accused is 17 years of age 
15or older, and:
16  (1) the victim is under 13 years of age; or
 
 
09800HB4516ham001- 2 -LRB098 15813 RLC 56874 a


1  (2) the victim is under 13 years of age and that 
2 person:
3   (A) is armed with a firearm;
4   (B) personally discharges a firearm during the 
5 commission of the offense;
6   (C) causes great bodily harm to the victim that:
7    (i) results in permanent disability; or
8    (ii) is life threatening; or
9   (D) delivers (by injection, inhalation, ingestion, 
10 transfer of possession, or any other means) any 
11 controlled substance to the victim without the 
12 victim's consent or by threat or deception, for other 
13 than medical purposes.

14 (b) Sentence.


15  (1) A person convicted of a violation of subsection 
16 (a)(1)
commits a Class X felony, for which the person shall 
17 be sentenced to a term of imprisonment of not less than 6 
18 years and not more than 60 years.
A person convicted of a 
19 violation of subsection (a)(2)(A) commits a Class X
felony 
20 for which 15 years shall be added to the term of 
21 imprisonment imposed by
the court. A person convicted of a 
22 violation of subsection (a)(2)(B) commits a
Class X felony 
23 for which 20 years shall be added to the term of 
24 imprisonment
imposed by the court. A person convicted of a 
25 violation of subsection (a)(2)(C)
commits a Class X felony 
26 for which the person shall be sentenced to a term of

 
 
09800HB4516ham001- 3 -LRB098 15813 RLC 56874 a


1 imprisonment of not less than 50 years or up to a term of 
2 natural life
imprisonment.


3  (1.1) A person convicted of a violation of subsection 
4 (a)(2)(D) commits a
Class X felony for which the person

5 shall be
sentenced to a
term of imprisonment of not less 
6 than 50 years and not more than 60 years.


7  (1.2) A person convicted of predatory criminal sexual 
8 assault of a child
committed
against 2 or more persons 
9 regardless of whether the offenses occurred as the
result 
10 of the same act or of several related or unrelated acts 
11 shall be
sentenced to a term of natural life imprisonment.


12  (2) A person who is convicted of a second or subsequent 
13 offense of
predatory criminal sexual assault of a child, or 
14 who is convicted of the
offense of
predatory criminal 
15 sexual assault of a child after having previously been

16 convicted of the offense of criminal sexual assault or the 
17 offense of
aggravated criminal sexual assault, or who is 
18 convicted of the offense of
predatory criminal sexual 
19 assault of a child after having previously been
convicted 
20 under the laws of this State
or any other state of an 
21 offense that is substantially equivalent to the
offense
of 
22 predatory criminal sexual assault of a child, the offense 
23 of aggravated
criminal sexual assault or the offense of 
24 criminal sexual assault, shall be
sentenced to a term of 
25 natural life imprisonment.
The commission of the second or 
26 subsequent offense is required to have been
after the 
 
 
09800HB4516ham001- 4 -LRB098 15813 RLC 56874 a


1 initial conviction for this paragraph (2) to apply.

2(Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)


3 Section 99. Effective date. This Act takes effect upon 
4becoming law.".