093_HB3114eng

 
HB3114 Engrossed                     LRB093 06916 RLC 07062 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Unified Code of Corrections  is  amended
 5    by changing Section 5-8-1 as follows:

 6        (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
 7        Sec. 5-8-1. Sentence of Imprisonment for Felony.
 8        (a)  Except as otherwise provided in the statute defining
 9    the offense, a sentence of imprisonment for a felony shall be
10    a  determinate  sentence set by the court under this Section,
11    according to the following limitations:
12             (1)  for first degree murder,
13                  (a)  a term shall be not less than 20 years and
14             not more than 60 years, or
15                  (b)  if  a  trier  of  fact  finds   beyond   a
16             reasonable  doubt that the murder was accompanied by
17             exceptionally brutal or heinous behavior  indicative
18             of  wanton  cruelty  or,  except  as  set  forth  in
19             subsection  (a)(1)(c)  of  this Section, that any of
20             the aggravating factors listed in subsection (b)  of
21             Section  9-1  of  the  Criminal  Code  of  1961  are
22             present,  the  court may sentence the defendant to a
23             term of natural life imprisonment, or
24                  (c)  the court shall sentence the defendant  to
25             a  term  of natural life imprisonment when the death
26             penalty is not imposed if the defendant,
27                       (i)  has  previously  been  convicted   of
28                  first  degree murder under any state or federal
29                  law, or
30                       (ii)  is a person who, at the time of  the
31                  commission  of the murder, had attained the age
 
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 1                  of 17 or more and is found guilty of  murdering
 2                  an  individual  under  12  years  of  age;  or,
 3                  irrespective of the defendant's age at the time
 4                  of  the  commission  of  the  offense, is found
 5                  guilty of murdering more than one victim, or
 6                       (iii)  is  found  guilty  of  murdering  a
 7                  peace officer or fireman when the peace officer
 8                  or  fireman  was  killed  in  the   course   of
 9                  performing  his  official duties, or to prevent
10                  the peace officer or  fireman  from  performing
11                  his  official duties, or in retaliation for the
12                  peace  officer  or   fireman   performing   his
13                  official  duties,  and  the  defendant  knew or
14                  should have known that the murdered  individual
15                  was a peace officer or fireman, or
16                       (iv)  is  found  guilty  of  murdering  an
17                  employee  of  an institution or facility of the
18                  Department of Corrections, or any similar local
19                  correctional  agency,  when  the  employee  was
20                  killed in the course of performing his official
21                  duties,  or  to  prevent  the   employee   from
22                  performing   his   official   duties,   or   in
23                  retaliation  for  the  employee  performing his
24                  official duties, or
25                       (v)  is  found  guilty  of  murdering   an
26                  emergency   medical   technician  -  ambulance,
27                  emergency medical  technician  -  intermediate,
28                  emergency   medical   technician  -  paramedic,
29                  ambulance driver or other medical assistance or
30                  first  aid   person   while   employed   by   a
31                  municipality  or  other  governmental unit when
32                  the  person  was  killed  in  the   course   of
33                  performing  official  duties  or to prevent the
34                  person from performing official  duties  or  in
 
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 1                  retaliation  for performing official duties and
 2                  the defendant knew or should  have  known  that
 3                  the   murdered   individual  was  an  emergency
 4                  medical  technician  -   ambulance,   emergency
 5                  medical  technician  -  intermediate, emergency
 6                  medical  technician  -   paramedic,   ambulance
 7                  driver, or other medical assistant or first aid
 8                  personnel, or
 9                       (vi)  is  a person who, at the time of the
10                  commission of the murder, had not attained  the
11                  age  of  17, and is found guilty of murdering a
12                  person under 12 years of age and the murder  is
13                  committed   during  the  course  of  aggravated
14                  criminal  sexual   assault,   criminal   sexual
15                  assault, or aggravated kidnaping, or
16                       (vii)  is  found  guilty  of  first degree
17                  murder and the murder was committed  by  reason
18                  of   any   person's  activity  as  a  community
19                  policing volunteer or  to  prevent  any  person
20                  from   engaging  in  activity  as  a  community
21                  policing volunteer.  For the  purpose  of  this
22                  Section, "community policing volunteer" has the
23                  meaning  ascribed to it in Section 2-3.5 of the
24                  Criminal Code of 1961, or.
25                       (viii) is convicted of first degree murder
26                  and the defendant has previously been convicted
27                  of  domestic  battery  or  aggravated  domestic
28                  battery   committed   against   the    murdered
29                  individual  or has previously been convicted of
30                  violation of an order of  protection  in  which
31                  the   murdered  individual  was  the  protected
32                  person.
33                  For purposes of clause (v), "emergency  medical
34             technician    -   ambulance",   "emergency   medical
 
HB3114 Engrossed            -4-      LRB093 06916 RLC 07062 b
 1             technician  -  intermediate",   "emergency   medical
 2             technician  - paramedic", have the meanings ascribed
 3             to them in  the  Emergency  Medical  Services  (EMS)
 4             Systems Act.
 5                  (d) (i)  if  the  person  committed the offense
 6                  while armed with a firearm, 15 years  shall  be
 7                  added  to  the  term of imprisonment imposed by
 8                  the court;
 9                       (ii)  if, during  the  commission  of  the
10                  offense,  the  person  personally  discharged a
11                  firearm, 20 years shall be added to the term of
12                  imprisonment imposed by the court;
13                       (iii)  if, during the  commission  of  the
14                  offense,  the  person  personally  discharged a
15                  firearm that proximately  caused  great  bodily
16                  harm,     permanent    disability,    permanent
17                  disfigurement, or death to another  person,  25
18                  years  or up to a term of natural life shall be
19                  added to the term of  imprisonment  imposed  by
20                  the court.
21             (1.5)  for second degree murder, a term shall be not
22        less than 4 years and not more than 20 years;
23             (2)  for a person adjudged a habitual criminal under
24        Article 33B of the Criminal Code of 1961, as amended, the
25        sentence shall be a term of natural life imprisonment;
26             (2.5)  for    a    person    convicted   under   the
27        circumstances described in paragraph  (3)  of  subsection
28        (b)  of Section 12-13, paragraph (2) of subsection (d) of
29        Section 12-14,  paragraph  (1.2)  of  subsection  (b)  of
30        Section  12-14.1,  or  paragraph (2) of subsection (b) of
31        Section  12-14.1  of  the  Criminal  Code  of  1961,  the
32        sentence shall be a term of natural life imprisonment;
33             (3)  except as otherwise  provided  in  the  statute
34        defining  the offense, for a Class X felony, the sentence
 
HB3114 Engrossed            -5-      LRB093 06916 RLC 07062 b
 1        shall be not less than 6  years  and  not  more  than  30
 2        years;
 3             (4)  for  a Class 1 felony, other than second degree
 4        murder, the sentence shall be not less than 4  years  and
 5        not more than 15 years;
 6             (5)  for a Class 2 felony, the sentence shall be not
 7        less than 3 years and not more than 7 years;
 8             (6)  for a Class 3 felony, the sentence shall be not
 9        less than 2 years and not more than 5 years;
10             (7)  for a Class 4 felony, the sentence shall be not
11        less than 1 year and not more than 3 years.
12        (b)  The sentencing judge in each felony conviction shall
13    set forth his reasons for imposing the particular sentence he
14    enters  in  the  case,  as  provided in Section 5-4-1 of this
15    Code.   Those  reasons  may   include   any   mitigating   or
16    aggravating  factors  specified  in this Code, or the lack of
17    any such circumstances, as well as any other such factors  as
18    the  judge  shall set forth on the record that are consistent
19    with the purposes and principles of  sentencing  set  out  in
20    this Code.
21        (c)  A  motion  to  reduce a sentence may be made, or the
22    court may reduce a sentence without motion,  within  30  days
23    after  the  sentence  is imposed.  A defendant's challenge to
24    the correctness of  a  sentence  or  to  any  aspect  of  the
25    sentencing  hearing  shall  be made by a written motion filed
26    within  30  days  following  the  imposition   of   sentence.
27    However,  the  court  may  not increase a sentence once it is
28    imposed.
29        If a motion filed pursuant to this subsection  is  timely
30    filed  within  30  days  after  the  sentence is imposed, the
31    proponent of the  motion  shall  exercise  due  diligence  in
32    seeking  a  determination  on  the motion and the court shall
33    thereafter decide such motion within a reasonable time.
34        If a motion filed pursuant to this subsection  is  timely
 
HB3114 Engrossed            -6-      LRB093 06916 RLC 07062 b
 1    filed  within 30 days after the sentence is imposed, then for
 2    purposes of perfecting an appeal, a final judgment shall  not
 3    be considered to have been entered until the motion to reduce
 4    a  sentence  has  been  decided by order entered by the trial
 5    court.
 6        A motion filed pursuant to this subsection shall  not  be
 7    considered  to have been timely filed unless it is filed with
 8    the circuit court clerk within 30 days after the sentence  is
 9    imposed  together  with  a  notice of motion, which notice of
10    motion shall set the motion on the court's calendar on a date
11    certain within a reasonable time after the date of filing.
12        (d)  Except where a term  of  natural  life  is  imposed,
13    every sentence shall include as though written therein a term
14    in  addition to the term of imprisonment. For those sentenced
15    under the law in effect prior to February 1, 1978, such  term
16    shall be identified as a parole term.  For those sentenced on
17    or after February 1, 1978, such term shall be identified as a
18    mandatory   supervised  release  term.   Subject  to  earlier
19    termination under Section  3-3-8,  the  parole  or  mandatory
20    supervised release term shall be as follows:
21             (1)  for  first degree murder or a Class X felony, 3
22        years;
23             (2)  for a Class 1 felony or a  Class  2  felony,  2
24        years;
25             (3)  for  a  Class  3  felony or a Class 4 felony, 1
26        year;
27             (4)  if the victim is under 18 years of age,  for  a
28        second  or  subsequent offense of criminal sexual assault
29        or aggravated criminal sexual assault, 5 years, at  least
30        the  first  2 years of which the defendant shall serve in
31        an electronic home detention program under Article 8A  of
32        Chapter V of this Code;
33             (5)  if  the  victim is under 18 years of age, for a
34        second  or  subsequent  offense  of  aggravated  criminal
 
HB3114 Engrossed            -7-      LRB093 06916 RLC 07062 b
 1        sexual abuse or felony criminal sexual abuse, 4 years, at
 2        least the first 2 years  of  which  the  defendant  shall
 3        serve  in  an  electronic  home  detention  program under
 4        Article 8A of Chapter V of this Code.
 5        (e)  A  defendant  who  has  a  previous  and   unexpired
 6    sentence  of  imprisonment imposed by another state or by any
 7    district court of the United States and who,  after  sentence
 8    for  a  crime in Illinois, must return to serve the unexpired
 9    prior sentence may have his sentence by  the  Illinois  court
10    ordered to be concurrent with the prior sentence in the other
11    state.  The  court  may  order  that  any  time served on the
12    unexpired portion of the sentence in the other  state,  prior
13    to  his return to Illinois, shall be credited on his Illinois
14    sentence. The other state shall be furnished with a  copy  of
15    the  order  imposing  sentence which shall provide that, when
16    the offender is released from confinement of the other state,
17    whether by parole or by termination of sentence, the offender
18    shall be transferred by the Sheriff of the committing  county
19    to  the  Illinois  Department of Corrections. The court shall
20    cause the Department of Corrections to be  notified  of  such
21    sentence  at  the  time of commitment and to be provided with
22    copies of all records regarding the sentence.
23        (f)  A  defendant  who  has  a  previous  and   unexpired
24    sentence of imprisonment imposed by an Illinois circuit court
25    for  a  crime in this State and who is subsequently sentenced
26    to a term of imprisonment by another state or by any district
27    court of the United States and  who  has  served  a  term  of
28    imprisonment  imposed by the other state or district court of
29    the United States, and must  return to  serve  the  unexpired
30    prior  sentence  imposed  by  the  Illinois Circuit Court may
31    apply to  the  court  which  imposed  sentence  to  have  his
32    sentence reduced.
33        The  circuit  court may order that any time served on the
34    sentence imposed by the other state or district court of  the
 
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 1    United  States  be  credited  on  his Illinois sentence. Such
 2    application  for   reduction  of  a   sentence   under   this
 3    subsection  (f)  shall  be  made  within  30  days  after the
 4    defendant has completed the sentence  imposed  by  the  other
 5    state or district court of the United States.
 6    (Source: P.A.  91-279,  eff.  1-1-00;  91-404,  eff.  1-1-00;
 7    91-953, eff. 2-23-01; 92-16, eff. 6-28-01.)