Bill Text: IL HB2361 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Provides that a person convicted of criminal sexual assault or aggravated criminal sexual assault when the criminal sexual assault or aggravated criminal sexual assault was committed against 2 or more persons who were under 18 years of age at the time of the commission of the offense 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-03-26 - Added Co-Sponsor Rep. Eddie Washington [HB2361 Detail]

Download: Illinois-2009-HB2361-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2361 Introduced 2/19/2009, by Rep. Michael K. Smith SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-13 from Ch. 38, par. 12-13
720 ILCS 5/12-14 from Ch. 38, par. 12-14
Amends the Criminal Code of 1961. Provides that a person convicted of criminal sexual assault or aggravated criminal sexual assault when the criminal sexual assault or aggravated criminal sexual assault was committed against 2 or more persons who were under 18 years of age at the time of the commission of the offense 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.
LRB096 10388 RLC 20558 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 1961 is amended by changing
Sections 12-13 and 12-14 as follows:
(720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
Sec. 12-13. Criminal Sexual Assault.
(a) The accused commits criminal sexual assault if he or
she:
(1) commits an act of sexual penetration by the use of
force or threat of force; or
(2) commits an act of sexual penetration and the
accused knew that the victim was unable to understand the
nature of the act or was unable to give knowing consent; or
(3) commits an act of sexual penetration with a victim
who was under 18 years of age when the act was committed
and the accused was a family member; or
(4) commits an act of sexual penetration with a victim
who was at least 13 years of age but under 18 years of age
when the act was committed and the accused was 17 years of
age or over and held a position of trust, authority or
supervision in relation to the victim.
(b) Sentence.

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(1) Criminal sexual assault is a Class 1 felony.
(1.1) A person convicted of criminal sexual assault
committed against 2 or more persons who were under 18 years
of age at the time of the commission of the offense
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 the offense of
criminal sexual assault as defined in paragraph (a)(1) or
(a)(2) after having previously been convicted of the
offense of criminal sexual assault or the offense of
exploitation of a child, or who is convicted of the offense
of criminal sexual assault as defined in paragraph (a)(1)
or (a)(2) 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 criminal sexual
assault or to the offense of exploitation of a child,
commits a Class X felony for which the person shall be
sentenced to a term of imprisonment of not less than 30
years and not more than 60 years. The commission of the
second or subsequent offense is required to have been after
the initial conviction for this paragraph (2) to apply.
(3) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1) or
(a)(2) after having previously been convicted of the
offense of aggravated criminal sexual assault or the

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offense of predatory criminal sexual assault of a child, or
who is convicted of the offense of criminal sexual assault
as defined in paragraph (a)(1) or (a)(2) 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 aggravated criminal sexual
assault or the offense of criminal predatory 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 (3) to apply.
(4) A second or subsequent conviction for a violation
of paragraph (a)(3) or (a)(4) or under any similar statute
of this State or any other state for any offense involving
criminal sexual assault that is substantially equivalent
to or more serious than the sexual assault prohibited under
paragraph (a)(3) or (a)(4) is a Class X felony.
(5) When a person has any such prior conviction, the
information or indictment charging that person shall state
such prior conviction so as to give notice of the State's
intention to treat the charge as a Class X felony. The fact
of such prior conviction is not an element of the offense
and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such
trial.
(Source: P.A. 95-640, eff. 6-1-08.)

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(720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
Sec. 12-14. Aggravated Criminal Sexual Assault.
(a) The accused commits aggravated criminal sexual assault
if he or she commits criminal sexual assault and any of the
following aggravating circumstances existed during, or for the
purposes of paragraph (7) of this subsection (a) as part of the
same course of conduct as, the commission of the offense:
(1) the accused displayed, threatened to use, or used a
dangerous weapon, other than a firearm, or any object
fashioned or utilized in such a manner as to lead the
victim under the circumstances reasonably to believe it to
be a dangerous weapon; or
(2) the accused caused bodily harm, except as provided
in subsection (a)(10), to the victim; or
(3) the accused acted in such a manner as to threaten
or endanger the life of the victim or any other person; or
(4) the criminal sexual assault was perpetrated during
the course of the commission or attempted commission of any
other felony by the accused; or
(5) the victim was 60 years of age or over when the
offense was committed; or
(6) the victim was a physically handicapped person; or
(7) the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to
the victim without his or her consent, or by threat or

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deception, and for other than medical purposes, any
controlled substance; or
(8) the accused was armed with a firearm; or
(9) the accused personally discharged a firearm during
the commission of the offense; or
(10) the accused, during the commission of the offense,
personally discharged a firearm that proximately caused
great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
(b) The accused commits aggravated criminal sexual assault
if the accused was under 17 years of age and (i) commits an act
of sexual penetration with a victim who was under 9 years of
age when the act was committed; or (ii) commits an act of
sexual penetration with a victim who was at least 9 years of
age but under 13 years of age when the act was committed and
the accused used force or threat of force to commit the act.
(c) The accused commits aggravated criminal sexual assault
if he or she commits an act of sexual penetration with a victim
who was a severely or profoundly mentally retarded person at
the time the act was committed.
(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) 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

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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.
(1.1) A person convicted of aggravated criminal sexual
assault committed against 2 or more persons who were under
18 years of age at the time of the commission of the
offense 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 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

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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.
(Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502,
eff. 12-19-01; 92-721, eff. 1-1-03.)