HB 3466 — CRIM CD & CD CORR-SEX OFFENSES

093_HB3466HB3466 Engrossed LRB093 07223 RLC 07379 b AN ACT in relation to criminal law.

or (2) when the accused has overcome the victim by use of superior strength or size, physical restraint or HB3466 Engrossed -2- LRB093 07223 RLC 07379 b physical confinement.

or (3) _______ ----i------------------------p----------- -i----------------------u----------------------w------------ HB3466 Engrossed -3- LRB093 07223 RLC 07379 b -a---------------------a----------------------e-----;

or (4) commits an act of sexual penetration with a victim who was ----l-----------------------b---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.

(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 assault or the offense of criminal predatory sexual assault shall be sentenced to a term of HB3466 Engrossed -4- LRB093 07223 RLC 07379 b natural life imprisonment.

or HB3466 Engrossed -5- LRB093 07223 RLC 07379 b (2) the accused caused bodily harm to the victim;

or (ii) commits an act of sexual conduct with a victim who was at HB3466 Engrossed -6- LRB093 07223 RLC 07379 b least 9 years of age but under 17 years of age when the act was committed and the accused used force or threat of force to commit the act.

(f) The accused commits aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who was ----------------r-------------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.

HB3466 Engrossed -7- LRB093 07223 RLC 07379 b (2) A term of periodic imprisonment.

In addition to any other fine or penalty required by law, any individual convicted of a violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of local HB3466 Engrossed -8- LRB093 07223 RLC 07379 b ordinance, whose operation of a motor vehicle while in violation of Section 11-501 or such ordinance proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.

(D) A violation of Section 401.1 or 407 of the Illinois Controlled Substances Act, or a violation HB3466 Engrossed -9- LRB093 07223 RLC 07379 b of subdivision (c)(1) or (c)(2) of Section 401 of that Act which relates to more than 5 grams of a substance containing heroin or cocaine or an analog thereof.

(H) Criminal sexual assault,assault except_____a__________ as_________________a_____-----------------w------------- otherwise------------------o---------------. provided in subsection (e) of this Section.

(L) A second or subsequent conviction for the HB3466 Engrossed -10- LRB093 07223 RLC 07379 b offense of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action.

(4) A minimum term of imprisonment of not less than 10 consecutive days or 30 days of community service shall HB3466 Engrossed -11- LRB093 07223 RLC 07379 b be imposed for a violation of paragraph (c) of Section 6-303 of the Illinois Vehicle Code.

(5) The court may sentence an offender convicted of HB3466 Engrossed -12- LRB093 07223 RLC 07379 b a business offense or a petty offense or a corporation or unincorporated association convicted of any offense to:

(7) When a defendant is adjudged a habitual criminal under Article 33B of the Criminal Code of 1961, HB3466 Engrossed -13- LRB093 07223 RLC 07379 b the court shall sentence the defendant to a term of natural life imprisonment.

a mandatory minimum of 100 hours of HB3466 Engrossed -14- LRB093 07223 RLC 07379 b community service and a minimum fine of $500.

HB3466 Engrossed -15- LRB093 07223 RLC 07379 b (e) In________ cases-------e-----------------------f------------ where-----l---------------------t-----------------------a------------ prosecution-----o---------------------f-----------------------1------------ for-----n---------------------n----------------------m------------- criminal-----m----------------------t----------------------o------------ sexual------s--------------------a----------------------h------------- assault-----m---------------------r-------------------- or-----------------f----------------------r------------- aggravated-p----------- criminal------------f----------------------t------------- sexual-----------------o----------------------r------------- abuse-----------------r------ under------------e----------------------a------------- Section-----------------d----------------------o------------- 12-13---------------- or-------m----------------------l--- 12-16-------e-----------------------t----------- of-------c----------------------p------------- the------- Criminal-------e-----------------------d------------ Code----------- of-------m----------------------h------------- 1961------------r----------------------e------ results-----------------o----------------------o------------- in-i---------------------r----------------------n------------- conviction-o---------------------s----------------------'------------- of-s---------------------f----------------------l------------- a-a---------------------e----------------------a------------- defendant-e----------------------t---------------------c------------- who-e----------------------a---------------------s--- ________________n_____________-r---------------------e----------------------t------------- _____r_____________________n______________________-----;---------------------o-----------------------h------------ w-----------------e---------------------o----------------------e------------- -----r-------------i----------------------t---------------------a------------- victimHB3466 atEngrossed the-16- timeLRB093 of07223 theRLC commission07379 ofb the-----m----------------------w---------------------o------------- offense,-----r---------------------e----------------------p------------- the-----e---------------------e---- court-o-----------------------t--------------------y------------- -----i---------------------a----------------------m------------- ------o---------------------o-------- (f) This Article shall considernot thedeprive safetya andcourt welfarein other proceedings to order a forfeiture of theproperty, victimto andsuspend mayor imposecancel a sentencelicense, ofto probationremove onlya where:person from office, or to impose any other civil penalty.

(1) the court finds (A) or (B) or both are appropriate:

(A) the defendant is willing to undergo a court approved counseling program for a minimum duration of 2 years;

or (B) the defendant is willing to participate in a court approved plan including but not limited to the defendant's:

(i) removal from the household;

(ii) restricted contact with the victim;

(iii) continued financial support of the family;

(iv) restitution for harm done to the victim;

and (v) compliance with any other measures that the court may deem appropriate;

and (2) the court orders the defendant to pay for the victim's counseling services, to the extent that the court finds, after considering the defendant's income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.

Probation may be revoked or modified pursuant to Section 5-6-4;

except where the court determines at the hearing that the defendant violated a condition of his or her probation -16- LRB093 07223 RLC 07379 b restricting contact with the victim or other family members or commits another offense with the victim or other family members, the court shall revoke the defendant's probation and impose a term of imprisonment.

For the purposes of this Section, "family member" and "victim" shall have the meanings ascribed to them in Section 12-12 of the Criminal Code of 1961.

(f) This Article shall not deprive a court in other proceedings to order a forfeiture of property, to suspend or cancel a license, to remove a person from office, or to impose any other civil penalty.

The court shall also notify the victim if requested by the victim, and if the victim is under the age of 15 and -17- LRB093 07223 RLC 07379 b if requested by the victim's parents or legal guardian, the HB3466 Engrossed -17- LRB093 07223 RLC 07379 b court shall notify the victim's parents or legal guardian of the test results.

Except as otherwise provided by law, the results of such test -18- LRB093 07223 RLC 07379 b shall be kept strictly confidential by all medical personnel HB3466 Engrossed -18- LRB093 07223 RLC 07379 b involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the conviction was entered for the judge's inspection in camera.

(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the -19- LRB093 07223 RLC 07379 b Illinois Controlled Substances Act, or any violation of the HB3466 Engrossed -19- LRB093 07223 RLC 07379 b Cannabis Control Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substance Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis.

If a defendant fails to complete the educational training required by his or her sentence during the term of incarceration, the Prisoner Review Board shall, as a condition of mandatory supervised release, require the defendant, at his or her own -20- LRB093 07223 RLC 07379 b expense, to pursue a course of study toward a high school HB3466 Engrossed -20- LRB093 07223 RLC 07379 b diploma or passage of the GED test.

(1) a final order of deportation has been issued against the defendant pursuant to proceedings under the Immigration and Nationality Act, and -21- LRB093 07223 RLC 07379 b (2) the deportation of the defendant would not HB3466 Engrossed -21- LRB093 07223 RLC 07379 b deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.

-22- LRB093 07223 RLC 07379 b (m) A person convicted of criminal defacement of HB3466 Engrossed -22- LRB093 07223 RLC 07379 b property under Section 21-1.3 of the Criminal Code of 1961, in which the property damage exceeds $300 and the property damaged is a school building, shall be ordered to perform community service that may include cleanup, removal, or painting over the defacement.

-23- LRB093 07223 RLC 07379 b "Community-based services" include, but are not limited HB3466 Engrossed -23- LRB093 07223 RLC 07379 b to, direct crisis intervention through a 24-hour response, medical and legal advocacy, counseling, information and referral services, training, and community education.

and (ii) for other than ___________w____________ _________________s______________________u_____________ _________________i_____ ----------------f-------, the HB3466 Engrossed -24- LRB093 07223 RLC 07379 b _________________i_____ ----------------f-------, the full amount to the Sexual Assault Services Fund.