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90_HB2243
720 ILCS 5/12-14.1
730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
730 ILCS 5/5-8-2 from Ch. 38, par. 1005-8-2
Amends the Criminal Code of 1961. Provides that the
penalty for predatory criminal sexual assault of a child that
did not cause great bodily harm to the victim and did not
result in permanent disability or was not life threatening is
a Class X felony with a sentence of not less than 20 years
and not more than 60 years (now it is a Class X felony (6-30
years)). Amends the Unified Code of Corrections. Permits
the court to impose an extended term sentence on a defendant
convicted of a felony committed against a person under 13
years of age (now under 12 years of age) or that person's
property. Provides that the extended term sentence for
predatory criminal sexual assault of a child is not less than
60 years and not more than 100 years.
LRB9003754RCks
LRB9003754RCks
1 AN ACT in relation to criminal law, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 12-14.1 as follows:
6 (720 ILCS 5/12-14.1)
7 Sec. 12-14.1. Predatory criminal sexual assault of a
8 child.
9 (a) The accused commits predatory criminal sexual
10 assault of a child if:
11 (1) the accused was 17 years of age or over and
12 commits an act of sexual penetration with a victim who
13 was under 13 years of age when the act was committed; or
14 (2) the accused was 17 years of age or over and
15 commits an act of sexual penetration with a victim who
16 was under 13 years of age when the act was committed and
17 the accused caused great bodily harm to the victim that:
18 (A) resulted in permanent disability; or
19 (B) was life threatening.
20 (b) Sentence. A person convicted of a violation of
21 subsection (a)(1) commits a Class X felony for which the
22 person shall be sentenced to a term of imprisonment of not
23 less than 20 years and not more than 60 years. A person
24 convicted of a violation of subsection (a)(2) commits a Class
25 X felony for which the person shall be sentenced to a term of
26 imprisonment of not less than 50 years and not more than 60
27 years.
28 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
29 Section 10. The Unified Code of Corrections is amended
30 by changing Sections 5-5-3.2 and 5-8-2 as follows:
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1 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
2 Sec. 5-5-3.2. Factors in Aggravation.
3 (a) The following factors shall be accorded weight in
4 favor of imposing a term of imprisonment or may be considered
5 by the court as reasons to impose a more severe sentence
6 under Section 5-8-1:
7 (1) the defendant's conduct caused or threatened
8 serious harm;
9 (2) the defendant received compensation for
10 committing the offense;
11 (3) the defendant has a history of prior
12 delinquency or criminal activity;
13 (4) the defendant, by the duties of his office or
14 by his position, was obliged to prevent the particular
15 offense committed or to bring the offenders committing it
16 to justice;
17 (5) the defendant held public office at the time of
18 the offense, and the offense related to the conduct of
19 that office;
20 (6) the defendant utilized his professional
21 reputation or position in the community to commit the
22 offense, or to afford him an easier means of committing
23 it;
24 (7) the sentence is necessary to deter others from
25 committing the same crime;
26 (8) the defendant committed the offense against a
27 person 60 years of age or older or such person's
28 property;
29 (9) the defendant committed the offense against a
30 person who is physically handicapped or such person's
31 property;
32 (10) by reason of another individual's actual or
33 perceived race, color, creed, religion, ancestry, gender,
34 sexual orientation, physical or mental disability, or
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1 national origin, the defendant committed the offense
2 against (i) the person or property of that individual;
3 (ii) the person or property of a person who has an
4 association with, is married to, or has a friendship with
5 the other individual; or (iii) the person or property of
6 a relative (by blood or marriage) of a person described
7 in clause (i) or (ii). For the purposes of this Section,
8 "sexual orientation" means heterosexuality,
9 homosexuality, or bisexuality;
10 (11) the offense took place in a place of worship
11 or on the grounds of a place of worship, immediately
12 prior to, during or immediately following worship
13 services. For purposes of this subparagraph, "place of
14 worship" shall mean any church, synagogue or other
15 building, structure or place used primarily for religious
16 worship;
17 (12) the defendant was convicted of a felony
18 committed while he was released on bail or his own
19 recognizance pending trial for a prior felony and was
20 convicted of such prior felony, or the defendant was
21 convicted of a felony committed while he was serving a
22 period of probation, conditional discharge, or mandatory
23 supervised release under subsection (d) of Section 5-8-1
24 for a prior felony;
25 (13) the defendant committed or attempted to commit
26 a felony while he was wearing a bulletproof vest. For
27 the purposes of this paragraph (13), a bulletproof vest
28 is any device which is designed for the purpose of
29 protecting the wearer from bullets, shot or other lethal
30 projectiles;
31 (14) the defendant held a position of trust or
32 supervision such as, but not limited to, family member as
33 defined in Section 12-12 of the Criminal Code of 1961,
34 teacher, scout leader, baby sitter, or day care worker,
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1 in relation to a victim under 18 years of age, and the
2 defendant committed an offense in violation of Section
3 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
4 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
5 1961 against that victim;
6 (15) the defendant committed an offense related to
7 the activities of an organized gang. For the purposes of
8 this factor, "organized gang" has the meaning ascribed to
9 it in Section 10 of the Streetgang Terrorism Omnibus
10 Prevention Act;
11 (16) the defendant committed an offense in
12 violation of one of the following Sections while in a
13 school, regardless of the time of day or time of year; on
14 any conveyance owned, leased, or contracted by a school
15 to transport students to or from school or a school
16 related activity; on the real property of a school; or on
17 a public way within 1,000 feet of the real property
18 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
19 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
20 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
21 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
22 1961.
23 For the purposes of this Section, "school" is defined as
24 a public or private elementary or secondary school, community
25 college, college, or university.
26 (b) The following factors may be considered by the court
27 as reasons to impose an extended term sentence under Section
28 5-8-2 upon any offender:
29 (1) When a defendant is convicted of any felony,
30 after having been previously convicted in Illinois or any
31 other jurisdiction of the same or similar class felony or
32 greater class felony, when such conviction has occurred
33 within 10 years after the previous conviction, excluding
34 time spent in custody, and such charges are separately
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1 brought and tried and arise out of different series of
2 acts; or
3 (2) When a defendant is convicted of any felony and
4 the court finds that the offense was accompanied by
5 exceptionally brutal or heinous behavior indicative of
6 wanton cruelty; or
7 (3) When a defendant is convicted of voluntary
8 manslaughter, second degree murder, involuntary
9 manslaughter or reckless homicide in which the defendant
10 has been convicted of causing the death of more than one
11 individual; or
12 (4) When a defendant is convicted of any felony
13 committed against:
14 (i) a person under 13 12 years of age at the
15 time of the offense or such person's property;
16 (ii) a person 60 years of age or older at the
17 time of the offense or such person's property; or
18 (iii) a person physically handicapped at the
19 time of the offense or such person's property; or
20 (5) In the case of a defendant convicted of
21 aggravated criminal sexual assault or criminal sexual
22 assault, when the court finds that aggravated criminal
23 sexual assault or criminal sexual assault was also
24 committed on the same victim by one or more other
25 individuals, and the defendant voluntarily participated
26 in the crime with the knowledge of the participation of
27 the others in the crime, and the commission of the crime
28 was part of a single course of conduct during which there
29 was no substantial change in the nature of the criminal
30 objective; or
31 (6) When a defendant is convicted of any felony and
32 the offense involved any of the following types of
33 specific misconduct committed as part of a ceremony,
34 rite, initiation, observance, performance, practice or
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1 activity of any actual or ostensible religious,
2 fraternal, or social group:
3 (i) the brutalizing or torturing of humans or
4 animals;
5 (ii) the theft of human corpses;
6 (iii) the kidnapping of humans;
7 (iv) the desecration of any cemetery,
8 religious, fraternal, business, governmental,
9 educational, or other building or property; or
10 (v) ritualized abuse of a child; or
11 (7) When a defendant is convicted of first degree
12 murder, after having been previously convicted in
13 Illinois of any offense listed under paragraph (c)(2) of
14 Section 5-5-3, when such conviction has occurred within
15 10 years after the previous conviction, excluding time
16 spent in custody, and such charges are separately brought
17 and tried and arise out of different series of acts; or
18 (8) When a defendant is convicted of a felony other
19 than conspiracy and the court finds that the felony was
20 committed under an agreement with 2 or more other persons
21 to commit that offense and the defendant, with respect to
22 the other individuals, occupied a position of organizer,
23 supervisor, financier, or any other position of
24 management or leadership, and the court further finds
25 that the felony committed was related to or in
26 furtherance of the criminal activities of an organized
27 gang or was motivated by the defendant's leadership in an
28 organized gang; or
29 (9) When a defendant is convicted of a felony
30 violation of Section 24-1 of the Criminal Code of 1961
31 and the court finds that the defendant is a member of an
32 organized gang.
33 (b-1) For the purposes of this Section, "organized gang"
34 has the meaning ascribed to it in Section 10 of the Illinois
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1 Streetgang Terrorism Omnibus Prevention Act.
2 (c) The court may impose an extended term sentence under
3 Section 5-8-2 upon any offender who was convicted of
4 aggravated criminal sexual assault where the victim was under
5 18 years of age at the time of the commission of the offense.
6 (Source: P.A. 88-45; 88-215; 88-659; 88-677, eff. 12-15-94;
7 88-678, eff. 7-1-95; 88-680, eff. 1-1-95; 89-235, eff.
8 8-4-95; 89-377, eff. 8-18-95; 89-428, eff. 12-13-95; 89-462,
9 eff. 5-29-96; 89-689 (Sections 65 and 115), eff. 12-31-96;
10 revised 1-22-97.)
11 (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
12 Sec. 5-8-2. Extended Term. (a) A judge shall not
13 sentence an offender to a term of imprisonment in excess of
14 the maximum sentence authorized by Section 5-8-1 for the
15 class of the most serious offense of which the offender was
16 convicted unless the factors in aggravation set forth in
17 paragraph (b) of Section 5-5-3.2 were found to be present.
18 Where the judge finds that such factors were present, he may
19 sentence an offender to the following:
20 (1) for first degree murder, a term shall be not less
21 than 60 years and not more than 100 years;
22 (1.5) for predatory criminal sexual assault of a child,
23 a term shall be not less than 60 years and not more than 100
24 years;
25 (2) for a Class X felony, other than predatory criminal
26 sexual assault of a child, a term shall be not less than 30
27 years and not more than 60 years;
28 (3) for a Class 1 felony, a term shall be not less than
29 15 years and not more than 30 years;
30 (4) for a Class 2 felony, a term shall be not less than
31 7 years and not more than 14 years;
32 (5) for a Class 3 felony, a term shall not be less than
33 5 years and not more than 10 years;
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1 (6) for a Class 4 felony, a term shall be not less than
2 3 years and not more than 6 years.
3 (b) If the conviction was by plea, it shall appear on
4 the record that the plea was entered with the defendant's
5 knowledge that a sentence under this Section was a
6 possibility. If it does not so appear on the record, the
7 defendant shall not be subject to such a sentence unless he
8 is first given an opportunity to withdraw his plea without
9 prejudice.
10 (Source: P.A. 85-902.)