Bill Text: IL HB3750 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Provides that aggravated battery of a child is 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. Provides that a person convicted of a second or subsequent violation of the offense of aggravated battery of a child shall be sentenced to a term of natural life imprisonment. Provides that a person convicted of predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB3750 Detail]

Download: Illinois-2009-HB3750-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3750 Introduced 2/25/2009, by Rep. Jehan A. Gordon SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-4.3 from Ch. 38, par. 12-4.3
720 ILCS 5/12-14.1
Amends the Criminal Code of 1961. Provides that aggravated battery of a child is 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. Provides that a person convicted of a second or subsequent violation of the offense of aggravated battery of a child shall be sentenced to a term of natural life imprisonment. Provides that a person convicted of predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment.
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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 12-4.3 and 12-14.1 as follows:
(720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
Sec. 12-4.3. Aggravated battery of a child.
(a) Any person of the age 18 years and upwards who
intentionally or knowingly, and without legal justification
and by any means, causes great bodily harm or permanent
disability or disfigurement to any child under the age of 13
years or to any severely or profoundly mentally retarded
person, commits the offense of aggravated battery of a child.
(a-5) Any person of the age 18 years and upwards who
intentionally or knowingly, and without legal justification
and by any means, causes bodily harm or disability or
disfigurement to any child under the age of 13 years or to any
severely or profoundly mentally retarded person, commits the
offense of aggravated battery of a child.
(b) Sentence.
(1) Aggravated battery of a child under subsection (a) of
this Section is a Class X felony for which the person shall be
sentenced to a term of imprisonment of not less than 30 years

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and not more than 60 years, except that:
(A) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(B) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(C) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(2) (Blank). Aggravated battery of a child under subsection
(a-5) of this Section is a Class 3 felony.
(3) A person convicted of a second or subsequent violation
of this Section shall be sentenced to a term of natural life
imprisonment.
(Source: P.A. 95-768, eff. 1-1-09.)
(720 ILCS 5/12-14.1)
Sec. 12-14.1. Predatory criminal sexual assault of a child.
(a) The accused commits predatory criminal sexual assault
of a child if:
(1) the accused was 17 years of age or over and commits
an act of sexual penetration with a victim who was under 13

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years of age when the act was committed; or
(1.1) the accused was 17 years of age or over and,
while armed with a firearm, commits an act of sexual
penetration with a victim who was under 13 years of age
when the act was committed; or
(1.2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who was
under 13 years of age when the act was committed and,
during the commission of the offense, the accused
personally discharged a firearm; or
(2) the accused was 17 years of age or over and commits
an act of sexual penetration with a victim who was under 13
years of age when the act was committed and the accused
caused great bodily harm to the victim that:
(A) resulted in permanent disability; or
(B) was life threatening; or
(3) the accused was 17 years of age or over and commits
an act of sexual penetration with a victim who was under 13
years of age when the act was committed and 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 deception, and for
other than medical purposes, any controlled substance.
(b) Sentence. A person convicted of predatory criminal
sexual assault of a child shall be sentenced to a term of
natural life imprisonment.

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(1) (Blank) 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)(1.1) 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)(1.2) 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) 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) (Blank) A person convicted of a violation of
subsection (a)(3) 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) (Blank) 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) (Blank) A person who is convicted of a second or
subsequent offense of predatory criminal sexual assault of

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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. 95-640, eff. 6-1-08.)