Bill Text: IL HB3350 | 2009-2010 | 96th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning criminal sexual assault.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2009-04-15 - Referred to Assignments [HB3350 Detail]

Download: Illinois-2009-HB3350-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3350 Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-13 from Ch. 38, par. 12-13
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning criminal sexual assault.
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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
Section 12-13 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 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.
(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
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

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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.)