HB1397 Summary

• Adds "coercive control" as a new definition in the Criminal Code, defined as a direct or implied threat of danger or retribution sufficient to coerce a reasonable person to perform an act they otherwise would not perform or acquiesce in an act they would not otherwise submit to.

• Makes criminal sexual assault (Section 11-1.20) a felony when a person uses coercive control, in addition to existing provisions covering force, threat of force, inability to consent, family member relationships, and positions of trust.

• Makes criminal sexual abuse (Section 11-1.50) a Class 4 felony when a person uses coercive control, in addition to existing provisions covering force, threat of force, and inability to consent.

• Maintains existing sentencing structures: criminal sexual assault remains a Class 1 felony with enhanced penalties for repeat offenders, and criminal sexual abuse remains a Class 4 felony for first offenses under subsection (a) with elevation to Class 2 for subsequent convictions.