Sen. Ira I. Silverstein
Filed: 5/17/2013
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 804 




2    AMENDMENT NO. ______. Amend House Bill 804, AS AMENDED, in 
3the introductory clause of Section 5 by replacing "11-0.1" with 
4"11-1.40"; and

 
5by replacing all of Sec. 11-0.1 of Section 5 with the 
6following: 
 



7    "(720 ILCS 5/11-1.40)
  (was 720 ILCS 5/12-14.1)

8    Sec. 11-1.40. Predatory criminal sexual assault of a child. 

9    (a) A person commits predatory criminal sexual assault of a 
10child if that person commits an act of sexual penetration or an 
11act of contact, however slight between the sex organ or anus of 
12one person and the part of the body of another, and the 
13accused , is 17 years of age or older, and:
14        (1) the victim is under 13 years of age; or
15        (2) the victim is under 13 years of age and that 
16    person:
 
 
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1            (A) is armed with a firearm;
2            (B) personally discharges a firearm during the 
3        commission of the offense;
4            (C) causes great bodily harm to the victim that:
5                (i) results in permanent disability; or
6                (ii) is life threatening; or
7            (D) delivers (by injection, inhalation, ingestion, 
8        transfer of possession, or any other means) any 
9        controlled substance to the victim without the 
10        victim's consent or by threat or deception, for other 
11        than medical purposes.








12    (b) Sentence.


13        (1) A person convicted of a violation of subsection 
14    (a)(1)
commits a Class X felony, for which the person shall 
15    be sentenced to a term of imprisonment of not less than 6 
16    years and not more than 60 years.
A person convicted of a 
17    violation of subsection (a)(2)(A) commits a Class X
felony 
18    for which 15 years shall be added to the term of 
19    imprisonment imposed by
the court. A person convicted of a 
20    violation of subsection (a)(2)(B) commits a
Class X felony 
21    for which 20 years shall be added to the term of 
22    imprisonment
imposed by the court.  A person convicted of a 
23    violation of subsection (a)(2)(C)
commits a Class X felony 
24    for which the person shall be sentenced to a term of

25    imprisonment of not less than 50 years or up to a term of 
26    natural life
imprisonment.


 
 
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1        (1.1) A person convicted of a violation of subsection 
2    (a)(2)(D) commits a
Class X felony for which the person

3    shall be
sentenced to a
term of imprisonment of not less 
4    than 50 years and not more than 60 years.


5        (1.2) A person convicted of predatory criminal sexual 
6    assault of a child
committed
against 2 or more persons 
7    regardless of whether the offenses occurred as the
result 
8    of the same act or of several related or unrelated acts 
9    shall be
sentenced to a term of natural life imprisonment.


10        (2) A person who is convicted of a second or subsequent 
11    offense of
predatory criminal sexual assault of a child, or 
12    who is convicted of the
offense of
predatory criminal 
13    sexual assault of a child after having previously been

14    convicted of the offense of criminal sexual assault or the 
15    offense of
aggravated criminal sexual assault, or who is 
16    convicted of the offense of
predatory criminal sexual 
17    assault of a child after having previously been
convicted 
18    under the laws of this State
or any other state of an 
19    offense that is substantially equivalent to the
offense
of 
20    predatory criminal sexual assault of a child, the offense 
21    of aggravated
criminal sexual assault or the offense of 
22    criminal sexual assault, shall be
sentenced to a term of 
23    natural life imprisonment.
The commission of the second or 
24    subsequent offense is required to have been
after the 
25    initial conviction for this paragraph (2) to apply.

26(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)".