Bill Text: IL HB5635 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that, in addition to other elements defining the offense, a person commits criminal sexual assault if that person commits an act of sexual penetration and is a physician licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches or licensed as a chiropractic physician under that Act and the victim is a patient under the physician or chiropractic physicians's care or to whom the physician or chiropractic physician has access due to his or her practice as a physician or chiropractic physician. Effective January 1, 2021.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-12-10 - Added Co-Sponsor Rep. Barbara Hernandez [HB5635 Detail]

Download: Illinois-2019-HB5635-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5635 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-1.20 was 720 ILCS 5/12-13
Amends the Criminal Code of 2012. Provides that, in addition to other elements defining the offense, a person commits criminal sexual assault if that person commits an act of sexual penetration and is a physician licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches or licensed as a chiropractic physician under that Act and the victim is a patient under the physician or chiropractic physicians's care or to whom the physician or chiropractic physician has access due to his or her practice as a physician or chiropractic physician. Effective January 1, 2021.
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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 2012 is amended by changing
Section 11-1.20 as follows:
(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
Sec. 11-1.20. Criminal sexual assault.
(a) A person commits criminal sexual assault if that person
commits an act of sexual penetration and:
(1) uses force or threat of force;
(2) knows that the victim is unable to understand the
nature of the act or is unable to give knowing consent;
(3) is a family member of the victim, and the victim is
under 18 years of age; or
(4) is 17 years of age or over and holds a position of
trust, authority, or supervision in relation to the victim,
and the victim is at least 13 years of age but under 18
years of age; or
(5) is a physician licensed under the Medical Practice
Act of 1987 to practice medicine in all of its branches or
licensed as a chiropractic physician under that Act and the
victim is a patient under the physician or chiropractic
physicians's care or to whom the physician or chiropractic

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physician has access due to his or her practice as a
physician or chiropractic physician.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony, except
that:
(A) 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, except that if the person is
under the age of 18 years at the time of the offense,
he or she shall be sentenced under Section 5-4.5-105 of
the Unified Code of Corrections. The commission of the
second or subsequent offense is required to have been
after the initial conviction for this paragraph (A) to
apply.
(B) A person who has attained the age of 18 years

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at the time of the commission of the offense and 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 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 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 (B) to
apply. An offender under the age of 18 years at the
time of the commission of the offense covered by this
subparagraph (B) shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
(C) A second or subsequent conviction for a
violation of paragraph (a)(3), or (a)(4), or (a)(5) 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

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paragraph (a)(3), or (a)(4), or (a)(5) is a Class X
felony.
(Source: P.A. 99-69, eff. 1-1-16.)
Section 99. Effective date. This Act takes effect January
1, 2021.