Bill Text: IL SB3570 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that a person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is at least 18 years of age but under 20 years of age if the act was committed against a victim who is a student attending classes at a public or private secondary school and the accused held a position of trust, authority, or supervision over the victim at the same school. Provides that this offense is a Class X felony. Provides that a person commits criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 18 years of age but under 20 years of age if the act was committed against a victim who is a student attending classes at a public or private secondary school and the accused held a position of trust, authority, or supervision in relation to the victim at the same school. Provides that this offense is a Class 4 felony.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3570 Detail]

Download: Illinois-2019-SB3570-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3570 Introduced 2/13/2020, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-1.30 was 720 ILCS 5/12-14
720 ILCS 5/11-1.50 was 720 ILCS 5/12-15
Amends the Criminal Code of 2012. Provides that a person commits aggravated criminal sexual assault if that person commits an act of sexual penetration with a victim who is at least 18 years of age but under 20 years of age if the act was committed against a victim who is a student attending classes at a public or private secondary school and the accused held a position of trust, authority, or supervision over the victim at the same school. Provides that this offense is a Class X felony. Provides that a person commits criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 18 years of age but under 20 years of age if the act was committed against a victim who is a student attending classes at a public or private secondary school and the accused held a position of trust, authority, or supervision in relation to the victim at the same school. Provides that this offense is a Class 4 felony.
LRB101 18577 RLC 68032 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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
Sections 11-1.30 and 11-1.50 as follows:
(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
Sec. 11-1.30. Aggravated Criminal Sexual Assault.
(a) A person commits aggravated criminal sexual assault if
that person commits criminal sexual assault and any of the
following aggravating circumstances exist during the
commission of the offense or, for purposes of paragraph (7),
occur as part of the same course of conduct as the commission
of the offense:
(1) the person displays, threatens to use, or uses a
dangerous weapon, other than a firearm, or any other object
fashioned or used in a manner that leads the victim, under
the circumstances, reasonably to believe that the object is
a dangerous weapon;
(2) the person causes bodily harm to the victim, except
as provided in paragraph (10);
(3) the person acts in a manner that threatens or
endangers the life of the victim or any other person;
(4) the person commits the criminal sexual assault

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during the course of committing or attempting to commit any
other felony;
(5) the victim is 60 years of age or older;
(6) the victim is a person with a physical disability;
(7) the person 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;
(8) the person is armed with a firearm;
(9) the person personally discharges a firearm during
the commission of the offense; or
(10) the person personally discharges a firearm during
the commission of the offense, and that discharge
proximately causes great bodily harm, permanent
disability, permanent disfigurement, or death to another
person.
(b) A person commits aggravated criminal sexual assault if
that person is under 17 years of age and: (i) commits an act of
sexual penetration with a victim who is under 9 years of age;
or (ii) commits an act of sexual penetration with a victim who
is at least 9 years of age but under 13 years of age and the
person uses force or threat of force to commit the act.
(c) A person commits aggravated criminal sexual assault if
that person commits an act of sexual penetration with a victim
who is a person with a severe or profound intellectual

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disability.
(c-5) A person commits aggravated criminal sexual assault
if that person commits an act of sexual penetration with a
victim who is at least 18 years of age but under 20 years of age
if the act was committed against a victim who is a student
attending classes at a public or private secondary school and
the accused held a position of trust, authority, or supervision
over the victim at the same school.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation of
paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
or in violation of subsection (b), or (c), or (c-5) is a
Class X felony. A violation of subsection (a)(1) is a Class
X felony for which 10 years shall be added to the term of
imprisonment imposed by the court. A violation of
subsection (a)(8) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(9) is a Class X felony
for which 20 years shall be added to the term of
imprisonment imposed by the court. A violation of
subsection (a)(10) is a Class X felony for which 25 years
or up to a term of natural life imprisonment shall be added
to the term of imprisonment imposed by the court. An
offender under the age of 18 years at the time of the
commission of aggravated criminal sexual assault in
violation of paragraphs (1) through (10) of subsection (a)

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shall be sentenced under Section 5-4.5-105 of the Unified
Code of Corrections.
(2) A person who has attained the age of 18 years at
the time of the commission of the offense and who is
convicted of a second or subsequent offense of aggravated
criminal sexual assault, or who is convicted of the offense
of aggravated criminal sexual assault after having
previously been convicted of the offense of criminal sexual
assault or the offense of predatory criminal sexual assault
of a child, or who is convicted of the offense of
aggravated criminal sexual assault after having previously
been convicted under the laws of this or any other state of
an offense that is substantially equivalent to the offense
of criminal sexual assault, the offense of aggravated
criminal sexual assault or the offense of predatory
criminal sexual assault of a child, 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. An
offender under the age of 18 years at the time of the
commission of the offense covered by this paragraph (2)
shall be sentenced under Section 5-4.5-105 of the Unified
Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
eff. 7-28-16.)

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(720 ILCS 5/11-1.50) (was 720 ILCS 5/12-15)
Sec. 11-1.50. Criminal sexual abuse.
(a) A person commits criminal sexual abuse if that person:
(1) commits an act of sexual conduct by the use of
force or threat of force; or
(2) commits an act of sexual conduct and knows that the
victim is unable to understand the nature of the act or is
unable to give knowing consent.
(b) A person commits criminal sexual abuse if that person
is under 17 years of age and commits an act of sexual
penetration or sexual conduct with a victim who is at least 9
years of age but under 17 years of age.
(c) A person commits criminal sexual abuse if that person
commits an act of sexual penetration or sexual conduct with a
victim who is at least 13 years of age but under 17 years of age
and the person is less than 5 years older than the victim.
(c-5) A person commits criminal sexual abuse if that person
commits an act of sexual conduct with a victim who is at least
18 years of age but under 20 years of age if the act was
committed against a victim who is a student attending classes
at a public or private secondary school and the accused held a
position of trust, authority, or supervision in relation to the
victim at the same school.
(d) Sentence. Criminal sexual abuse for a violation of
subsection (b) or (c) of this Section is a Class A misdemeanor.
Criminal sexual abuse for a violation of paragraph (1) or (2)

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of subsection (a) or subsection (c-5) of this Section is a
Class 4 felony. A second or subsequent conviction for a
violation of subsection (a) of this Section is a Class 2
felony. For purposes of this Section it is a second or
subsequent conviction if the accused has at any time been
convicted under this Section or under any similar statute of
this State or any other state for any offense involving sexual
abuse or sexual assault that is substantially equivalent to or
more serious than the sexual abuse prohibited under this
Section.
(Source: P.A. 96-1551, eff. 7-1-11.)