Sen. Robert Peters
Filed: 11/30/2022
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 1095




2    AMENDMENT NO. ______. Amend House Bill 1095, AS AMENDED, 
3with reference to page and line numbers of Senate Amendment 
4No. 1, on page 26, by replacing lines 5 through 7 with "in the 
5presence of another law enforcement officer."; and
 
6on page 43, line 13, after "counties", by inserting "with a 
7population of 3,000,000 or less"; and


 
8on page 130, by replacing lines 12 through 19 with the 
9following:
 
10    "(b) Whoever, having been released pretrial under 
11conditions for appearance before
any court
of this State, 
12while charged with a criminal offense in which the victim is a

13family or household member as defined in Article 112A of the 
14Code of Criminal
Procedure of 1963, knowingly violates a 
15condition of that release as set forth
in Section 110-10, 
 
 
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1subsection (d) of the Code of Criminal Procedure of 1963,

2commits a Class A misdemeanor."; and
 
3on page 163, line 10, by deleting "Section 214 of"; and
 
4on page 282, line 5, after "Sections", by inserting "5-8-1,"; 
5and
 
6on page 282, by inserting immediately below line 6 the 
7following:
 


8    "(730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)

9    Sec. 5-8-1. Natural life imprisonment; enhancements for 
10use of a firearm; mandatory supervised release terms. 

11    (a) Except as otherwise provided in the statute defining 
12the offense or in Article 4.5 of Chapter V, a
sentence of 
13imprisonment for a felony shall be a determinate sentence set 
14by
the court under this Section, subject to Section 5-4.5-115 
15of this Code, according to the following limitations:

16        (1) for first degree murder,

17            (a) (blank),

18            (b) if a trier of fact finds beyond a reasonable

19        doubt that the murder was accompanied by exceptionally

20        brutal or heinous behavior indicative of wanton 
21        cruelty or, except as set forth
in subsection 
22        (a)(1)(c) of this Section, that any of the aggravating 
 
 
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1        factors
listed in subsection (b) or (b-5) of Section 
2        9-1 of the Criminal Code of 1961 or the Criminal Code 
3        of 2012 are
present, the court may sentence the 
4        defendant, subject         to Section 5-4.5-105, to a term of 
5        natural life
imprisonment, or

6            (c) the court shall sentence the defendant to a 
7        term of natural life
imprisonment if the defendant, at 
8        the time of the commission of the murder, had attained 
9        the age of 18, and: 

10                (i) has previously been convicted of first 
11            degree murder under
any state or federal law, or

12                (ii) is found guilty of murdering more
than 
13            one victim, or

14                (iii) is found guilty of murdering a peace 
15            officer, fireman, or emergency management worker 
16            when
the peace officer, fireman, or emergency 
17            management worker was killed in the course of 
18            performing his
official duties, or to prevent the 
19            peace officer or fireman from
performing his 
20            official duties, or in retaliation for the peace 
21            officer,
fireman, or emergency management worker 
22            from performing his official duties, and the 
23            defendant knew or should
have known that the 
24            murdered individual was a peace officer, fireman, 
25            or emergency management worker, or

26                (iv) is found guilty of murdering an employee 
 
 
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1            of an institution or
facility of the Department of 
2            Corrections, or any similar local
correctional 
3            agency, when the employee was killed in the course 
4            of
performing his official duties, or to prevent 
5            the employee from performing
his official duties, 
6            or in retaliation for the employee performing his

7            official duties, or

8                (v) is found guilty of murdering an emergency 
9            medical
technician - ambulance, emergency medical 
10            technician - intermediate, emergency
medical 
11            technician - paramedic, ambulance driver or other 
12            medical assistance or
first aid person while 
13            employed by a municipality or other governmental 
14            unit
when the person was killed in the course of 
15            performing official duties or
to prevent the 
16            person from performing official duties or in 
17            retaliation
for performing official duties and the 
18            defendant knew or should have known
that the 
19            murdered individual was an emergency medical 
20            technician - ambulance,
emergency medical 
21            technician - intermediate, emergency medical

22            technician - paramedic, ambulance driver, or other 
23            medical
assistant or first aid personnel, or

24                (vi) (blank), or

25                (vii) is found guilty of first degree murder 
26            and the murder was
committed by reason of any 
 
 
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1            person's activity as a community policing 
2            volunteer
or to prevent any person from engaging 
3            in activity as a community policing
volunteer.  For 
4            the purpose of this Section, "community policing 
5            volunteer"
has the meaning ascribed to it in 
6            Section 2-3.5 of the Criminal Code of 2012.

7            For purposes of clause (v), "emergency medical 
8        technician - ambulance",
"emergency medical technician -
9         intermediate", "emergency medical technician -

10        paramedic", have the meanings ascribed to them in the 
11        Emergency Medical
Services (EMS) Systems Act.

12            (d)(i) if the person committed the offense while 
13            armed with a
firearm, 15 years shall be added to 
14            the term of imprisonment imposed by the
court;

15            (ii) if, during the commission of the offense, the 
16        person
personally discharged a firearm, 20 years shall 
17        be added to the term of
imprisonment imposed by the 
18        court;

19            (iii) if, during the commission of the offense, 
20        the person
personally discharged a firearm that 
21        proximately caused great bodily harm,
permanent 
22        disability, permanent disfigurement, or death to 
23        another person, 25
years or up to a term of natural 
24        life shall be added to the term of
imprisonment 
25        imposed by the court.


26        (2) (blank);

 
 
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1        (2.5) for a person who has attained the age of 18 years

2    at the time of the commission of the offense and
who is 
3    convicted under the circumstances described in subdivision 
4    (b)(1)(B) of Section 11-1.20 or
paragraph (3) of 
5    subsection (b) of Section 12-13, subdivision (d)(2) of 
6    Section 11-1.30 or paragraph (2) of subsection
(d) of 
7    Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or 
8    paragraph (1.2) of subsection (b) of
Section 12-14.1, 
9    subdivision (b)(2) of Section 11-1.40 or paragraph (2) of 
10    subsection (b) of Section 12-14.1
of the Criminal Code of 
11    1961 or the Criminal Code of 2012, the sentence shall be a 
12    term of natural life
imprisonment.






13    (b) (Blank).

14    (c) (Blank).




15    (d)  Subject to
earlier termination under Section 3-3-8, 
16the parole or mandatory
supervised release term shall be 
17written as part of the sentencing order and shall be as 
18follows:

19        (1) for first degree murder or for the offenses of 
20    predatory criminal sexual assault of a child, aggravated 
21    criminal sexual assault, and criminal sexual assault if 
22    committed on or before December 12, 2005, 3 years;

23        (1.5) except as provided in paragraph (7) of this 
24    subsection (d), for a Class X felony except for the 
25    offenses of predatory criminal sexual assault of a child, 
26    aggravated criminal sexual assault, and criminal sexual 
 
 
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1    assault if committed on or after December 13, 2005 (the 
2    effective date of Public Act 94-715) and except for the 
3    offense of aggravated child pornography under Section 
4    11-20.1B, 11-20.3, or 11-20.1 with sentencing under 
5    subsection (c-5) of Section 11-20.1 of the Criminal Code 
6    of 1961 or the Criminal Code of 2012, if committed on or 
7    after January 1, 2009, 18 months; 
8        (2) except as provided in paragraph (7) of this 
9    subsection (d), for a Class 1 felony or a Class 2 felony 
10    except for the offense of criminal sexual assault if 
11    committed on or after December 13, 2005 (the effective 
12    date of Public Act 94-715) and except for the offenses of 
13    manufacture and dissemination of child pornography  under 
14    clauses (a)(1) and (a)(2) of Section 11-20.1 of the 
15    Criminal Code of 1961 or the Criminal Code of 2012, if 
16    committed on or after January 1, 2009, 12 months;

17        (3) except as provided in paragraph (4), (6), or (7) 
18    of this subsection (d), a mandatory supervised release 
19    term shall not be imposed for a Class 3 felony or a Class 4 
20    felony, 6 months; no later than 45 days after the onset of 
21    the term of mandatory supervised release, the Prisoner 
22    Review Board shall conduct a discretionary discharge 
23    review pursuant to the provisions of Section 3-3-8, which 
24    shall include the results of a standardized risk and needs 
25    assessment tool administered by the Department of 
26    Corrections; the changes to this paragraph (3) made by 
 
 
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1    this amendatory Act of the 102nd General Assembly apply to 
2    all individuals released on mandatory supervised release 
3    on or after the effective date of this amendatory Act of 
4    the 102nd General Assembly, including those individuals 
5    whose sentences were imposed prior to the effective date 
6    of this amendatory Act of the 102nd General Assembly; ; 
7    unless:
8            (A) the Prisoner Review Board, based on a 
9        validated risk and needs assessment, determines it is 
10        necessary for an offender to serve a mandatory 
11        supervised release term;
12            (B) if the Prisoner Review Board determines a 
13        mandatory supervised release term is necessary 
14        pursuant to subparagraph (A) of this paragraph (3), 
15        the Prisoner Review Board shall specify the maximum 
16        number of months of mandatory supervised release the 
17        offender may serve, limited to a term of:
(i) 12 months 
18        for a Class 3 felony;
and (ii) 12 months for a Class 4 
19        felony;

20        (4) for defendants who commit the offense of predatory 
21    criminal sexual assault of a child, aggravated criminal 
22    sexual assault, or criminal sexual assault, on or after 
23    December 13, 2005 (the effective date of Public Act 
24    94-715), or who commit the offense of aggravated child 
25    pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
26    with sentencing under subsection (c-5) of Section 11-20.1 
 
 
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1    of the Criminal Code of 1961 or the Criminal Code of 2012, 
2    manufacture of child pornography, or dissemination of 
3    child pornography after January 1, 2009, the term of 
4    mandatory supervised release shall range from a minimum of 
5    3 years to a maximum of the natural life of the defendant;

6        (5) if the victim is under 18 years of age, for a 
7    second or subsequent
offense of aggravated criminal sexual 
8    abuse or felony criminal sexual abuse,
4 years, at least 
9    the first 2 years of which the defendant shall serve in an

10    electronic monitoring or home detention program under 
11    Article 8A of Chapter V of this Code;

12        (6)  for a felony domestic battery, aggravated domestic 
13    battery, stalking, aggravated stalking, and a felony 
14    violation of an order of protection, 4 years; 
15        (7) for any felony described in paragraph (a)(2)(ii), 
16    (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), 
17    (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section 
18    3-6-3 of the Unified Code of Corrections requiring an 
19    inmate to serve a minimum of 85% of their court-imposed 
20    sentence, except for the offenses of predatory criminal 
21    sexual assault of a child, aggravated criminal sexual 
22    assault, and criminal sexual assault if committed on or 
23    after December 13, 2005 (the effective date of Public Act 
24    94-715) and except for the offense of aggravated child 
25    pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
26    with sentencing under subsection (c-5) of Section 11-20.1 
 
 
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1    of the Criminal Code of 1961 or the Criminal Code of 2012, 
2    if committed on or after January 1, 2009 and except as 
3    provided in paragraph (4) or paragraph (6) of this 
4    subsection (d), the term of mandatory supervised release 
5    shall be as follows:
6            (A) Class X felony, 3 years;
7            (B) Class 1 or Class 2 felonies, 2 years;
8            (C) Class 3 or Class 4 felonies, 1 year. 
9    (e) (Blank).

10    (f) (Blank).


11    (g) Notwithstanding any other provisions of this Act and 
12of Public Act 101-652: (i) the provisions of paragraph (3) of 
13subsection (d) are effective on July 1, 2022 and shall apply to 
14all individuals convicted on or after the effective date of 
15paragraph (3) of subsection (d); and (ii) the provisions of 
16paragraphs (1.5) and (2) of subsection (d) are effective on 
17July 1, 2021 and shall apply to all individuals convicted on or 
18after the effective date of paragraphs (1.5) and (2) of 
19subsection (d).
20(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; 
21102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. 
221-7-22.)".