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Illinois House Bill HB2400

Illinois 2025-2026 Regular Session

Illinois House Bill HB2400 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2400 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1 Amends the Criminal Code of 2012. Provides that the sentence for aggravated criminal sexual assault, which does not otherwise provide for an enhanced penalty, is a Class X felony for which 5 years shall be added to the term of imprisonment imposed by the court. Provides that the sentence for predatory criminal sexual assault of a child, which does not otherwise provide for an enhanced penalty, is a Class X felony with a minimum term of imprisonment of 11 (rather than 6) years. LRB104 10261 RLC 20335 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2400 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14 720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1 Amends the Criminal Code of 2012. Provides that the sentence for aggravated criminal sexual assault, which does not otherwise provide for an enhanced penalty, is a Class X felony for which 5 years shall be added to the term of imprisonment imposed by the court. Provides that the sentence for predatory criminal sexual assault of a child, which does not otherwise provide for an enhanced penalty, is a Class X felony with a minimum term of imprisonment of 11 (rather than 6) years. LRB104 10261 RLC 20335 b LRB104 10261 RLC 20335 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2400 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14 720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1
44 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14
55 720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1
66 Amends the Criminal Code of 2012. Provides that the sentence for aggravated criminal sexual assault, which does not otherwise provide for an enhanced penalty, is a Class X felony for which 5 years shall be added to the term of imprisonment imposed by the court. Provides that the sentence for predatory criminal sexual assault of a child, which does not otherwise provide for an enhanced penalty, is a Class X felony with a minimum term of imprisonment of 11 (rather than 6) years.
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1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Criminal Code of 2012 is amended by
1616 5 changing Sections 11-1.30 and 11-1.40 as follows:
1717 6 (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
1818 7 Sec. 11-1.30. Aggravated Criminal Sexual Assault.
1919 8 (a) A person commits aggravated criminal sexual assault if
2020 9 that person commits criminal sexual assault and any of the
2121 10 following aggravating circumstances exist during the
2222 11 commission of the offense or, for purposes of paragraph (7),
2323 12 occur as part of the same course of conduct as the commission
2424 13 of the offense:
2525 14 (1) the person displays, threatens to use, or uses a
2626 15 dangerous weapon, other than a firearm, or any other
2727 16 object fashioned or used in a manner that leads the
2828 17 victim, under the circumstances, reasonably to believe
2929 18 that the object is a dangerous weapon;
3030 19 (2) the person causes bodily harm to the victim,
3131 20 except as provided in paragraph (10);
3232 21 (3) the person acts in a manner that threatens or
3333 22 endangers the life of the victim or any other person;
3434 23 (4) the person commits the criminal sexual assault
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2400 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED:
3939 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14 720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1
4040 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14
4141 720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1
4242 Amends the Criminal Code of 2012. Provides that the sentence for aggravated criminal sexual assault, which does not otherwise provide for an enhanced penalty, is a Class X felony for which 5 years shall be added to the term of imprisonment imposed by the court. Provides that the sentence for predatory criminal sexual assault of a child, which does not otherwise provide for an enhanced penalty, is a Class X felony with a minimum term of imprisonment of 11 (rather than 6) years.
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4545 A BILL FOR
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7171 1 during the course of committing or attempting to commit
7272 2 any other felony;
7373 3 (5) the victim is 60 years of age or older;
7474 4 (6) the victim is a person with a physical disability;
7575 5 (7) the person delivers (by injection, inhalation,
7676 6 ingestion, transfer of possession, or any other means) any
7777 7 controlled substance to the victim without the victim's
7878 8 consent or by threat or deception for other than medical
7979 9 purposes;
8080 10 (8) the person is armed with a firearm;
8181 11 (9) the person personally discharges a firearm during
8282 12 the commission of the offense; or
8383 13 (10) the person personally discharges a firearm during
8484 14 the commission of the offense, and that discharge
8585 15 proximately causes great bodily harm, permanent
8686 16 disability, permanent disfigurement, or death to another
8787 17 person.
8888 18 (b) A person commits aggravated criminal sexual assault if
8989 19 that person is under 17 years of age and: (i) commits an act of
9090 20 sexual penetration with a victim who is under 9 years of age;
9191 21 or (ii) commits an act of sexual penetration with a victim who
9292 22 is at least 9 years of age but under 13 years of age and the
9393 23 person uses force or threat of force to commit the act.
9494 24 (c) A person commits aggravated criminal sexual assault if
9595 25 that person commits an act of sexual penetration with a victim
9696 26 who is a person with a severe or profound intellectual
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107107 1 disability.
108108 2 (d) Sentence.
109109 3 (1) Aggravated criminal sexual assault in violation of
110110 4 paragraph (2), (3), (4), (5), (6), or (7) of subsection
111111 5 (a) or in violation of subsection (b) or (c) is a Class X
112112 6 felony for which 5 years shall be added to the term of
113113 7 imprisonment imposed by the court. A violation of
114114 8 subsection (a)(1) is a Class X felony for which 10 years
115115 9 shall be added to the term of imprisonment imposed by the
116116 10 court. A violation of subsection (a)(8) is a Class X
117117 11 felony for which 15 years shall be added to the term of
118118 12 imprisonment imposed by the court. A violation of
119119 13 subsection (a)(9) is a Class X felony for which 20 years
120120 14 shall be added to the term of imprisonment imposed by the
121121 15 court. A violation of subsection (a)(10) is a Class X
122122 16 felony for which 25 years or up to a term of natural life
123123 17 imprisonment shall be added to the term of imprisonment
124124 18 imposed by the court. An offender under the age of 18 years
125125 19 at the time of the commission of aggravated criminal
126126 20 sexual assault in violation of paragraphs (1) through (10)
127127 21 of subsection (a) shall be sentenced under Section
128128 22 5-4.5-105 of the Unified Code of Corrections.
129129 23 (2) A person who has attained the age of 18 years at
130130 24 the time of the commission of the offense and who is
131131 25 convicted of a second or subsequent offense of aggravated
132132 26 criminal sexual assault, or who is convicted of the
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143143 1 offense of aggravated criminal sexual assault after having
144144 2 previously been convicted of the offense of criminal
145145 3 sexual assault or the offense of predatory criminal sexual
146146 4 assault of a child, or who is convicted of the offense of
147147 5 aggravated criminal sexual assault after having previously
148148 6 been convicted under the laws of this or any other state of
149149 7 an offense that is substantially equivalent to the offense
150150 8 of criminal sexual assault, the offense of aggravated
151151 9 criminal sexual assault or the offense of predatory
152152 10 criminal sexual assault of a child, shall be sentenced to
153153 11 a term of natural life imprisonment. The commission of the
154154 12 second or subsequent offense is required to have been
155155 13 after the initial conviction for this paragraph (2) to
156156 14 apply. An offender under the age of 18 years at the time of
157157 15 the commission of the offense covered by this paragraph
158158 16 (2) shall be sentenced under Section 5-4.5-105 of the
159159 17 Unified Code of Corrections.
160160 18 (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
161161 19 99-642, eff. 7-28-16.)
162162 20 (720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
163163 21 Sec. 11-1.40. Predatory criminal sexual assault of a
164164 22 child.
165165 23 (a) A person commits predatory criminal sexual assault of
166166 24 a child if that person is 17 years of age or older, and commits
167167 25 an act of contact, however slight, between the sex organ or
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178178 1 anus of one person and the part of the body of another for the
179179 2 purpose of sexual gratification or arousal of the victim or
180180 3 the accused, or an act of sexual penetration, and:
181181 4 (1) the victim is under 13 years of age; or
182182 5 (2) the victim is under 13 years of age and that
183183 6 person:
184184 7 (A) is armed with a firearm;
185185 8 (B) personally discharges a firearm during the
186186 9 commission of the offense;
187187 10 (C) causes great bodily harm to the victim that:
188188 11 (i) results in permanent disability; or
189189 12 (ii) is life threatening; or
190190 13 (D) delivers (by injection, inhalation, ingestion,
191191 14 transfer of possession, or any other means) any
192192 15 controlled substance to the victim without the
193193 16 victim's consent or by threat or deception, for other
194194 17 than medical purposes.
195195 18 (b) Sentence.
196196 19 (1) A person convicted of a violation of subsection
197197 20 (a)(1) commits a Class X felony, for which the person
198198 21 shall be sentenced to a term of imprisonment of not less
199199 22 than 11 6 years and not more than 60 years. A person
200200 23 convicted of a violation of subsection (a)(2)(A) commits a
201201 24 Class X felony for which 15 years shall be added to the
202202 25 term of imprisonment imposed by the court. A person
203203 26 convicted of a violation of subsection (a)(2)(B) commits a
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214214 1 Class X felony for which 20 years shall be added to the
215215 2 term of imprisonment imposed by the court. A person who
216216 3 has attained the age of 18 years at the time of the
217217 4 commission of the offense and who is convicted of a
218218 5 violation of subsection (a)(2)(C) commits a Class X felony
219219 6 for which the person shall be sentenced to a term of
220220 7 imprisonment of not less than 50 years or up to a term of
221221 8 natural life imprisonment. An offender under the age of 18
222222 9 years at the time of the commission of predatory criminal
223223 10 sexual assault of a child in violation of subsections
224224 11 (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be
225225 12 sentenced under Section 5-4.5-105 of the Unified Code of
226226 13 Corrections.
227227 14 (1.1) A person convicted of a violation of subsection
228228 15 (a)(2)(D) commits a Class X felony for which the person
229229 16 shall be sentenced to a term of imprisonment of not less
230230 17 than 50 years and not more than 60 years. An offender under
231231 18 the age of 18 years at the time of the commission of
232232 19 predatory criminal sexual assault of a child in violation
233233 20 of subsection (a)(2)(D) shall be sentenced under Section
234234 21 5-4.5-105 of the Unified Code of Corrections.
235235 22 (1.2) A person who has attained the age of 18 years at
236236 23 the time of the commission of the offense and convicted of
237237 24 predatory criminal sexual assault of a child committed
238238 25 against 2 or more persons regardless of whether the
239239 26 offenses occurred as the result of the same act or of
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250250 1 several related or unrelated acts shall be sentenced to a
251251 2 term of natural life imprisonment and an offender under
252252 3 the age of 18 years at the time of the commission of the
253253 4 offense shall be sentenced under Section 5-4.5-105 of the
254254 5 Unified Code of Corrections.
255255 6 (2) A person who has attained the age of 18 years at
256256 7 the time of the commission of the offense and who is
257257 8 convicted of a second or subsequent offense of predatory
258258 9 criminal sexual assault of a child, or who is convicted of
259259 10 the offense of predatory criminal sexual assault of a
260260 11 child after having previously been convicted of the
261261 12 offense of criminal sexual assault or the offense of
262262 13 aggravated criminal sexual assault, or who is convicted of
263263 14 the offense of predatory criminal sexual assault of a
264264 15 child after having previously been convicted under the
265265 16 laws of this State or any other state of an offense that is
266266 17 substantially equivalent to the offense of predatory
267267 18 criminal sexual assault of a child, the offense of
268268 19 aggravated criminal sexual assault or the offense of
269269 20 criminal sexual assault, shall be sentenced to a term of
270270 21 natural life imprisonment. The commission of the second or
271271 22 subsequent offense is required to have been after the
272272 23 initial conviction for this paragraph (2) to apply. An
273273 24 offender under the age of 18 years at the time of the
274274 25 commission of the offense covered by this paragraph (2)
275275 26 shall be sentenced under Section 5-4.5-105 of the Unified
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