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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2989 Introduced 2/19/2021, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/8-4 | from Ch. 38, par. 8-4 | 720 ILCS 5/9-1.2 | from Ch. 38, par. 9-1.2 | 720 ILCS 5/10-2 | from Ch. 38, par. 10-2 | 720 ILCS 5/11-1.40 | was 720 ILCS 5/12-14.1 | 720 ILCS 5/12-3.05 | was 720 ILCS 5/12-4 | 720 ILCS 5/18-2 | from Ch. 38, par. 18-2 | 720 ILCS 5/18-4 | | 720 ILCS 5/19-6 | was 720 ILCS 5/12-11 | 720 ILCS 5/33A-3 | from Ch. 38, par. 33A-3 | 730 ILCS 5/5-8-1 | from Ch. 38, par. 1005-8-1 |
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Amends the Criminal Code of 2012. Provides that various added sentences of imprisonment for committing offenses while armed with a firearm or by personally discharging a firearm are discretionary and constitute the maximum sentences that may be imposed by the court.
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| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by |
5 | | changing Sections 8-4, 9-1.2, 10-2, 11-1.40, 12-3.05, 18-2, |
6 | | 18-4, 19-6, and 33A-3 as follows:
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7 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
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8 | | Sec. 8-4. Attempt.
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9 | | (a) Elements of the offense.
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10 | | A person commits the offense of attempt when, with intent |
11 | | to commit a specific
offense, he or she does any act that |
12 | | constitutes a substantial step toward the
commission of that |
13 | | offense.
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14 | | (b) Impossibility.
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15 | | It is not a defense to a charge of attempt that because of |
16 | | a
misapprehension of the circumstances it would have been |
17 | | impossible for
the accused to commit the offense attempted.
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18 | | (c) Sentence.
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19 | | A person convicted of attempt may be fined or imprisoned |
20 | | or both
not to exceed the maximum provided for the offense |
21 | | attempted but, except
for an attempt to commit the offense |
22 | | defined in Section 33A-2 of this Code:
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23 | | (1) the sentence for attempt to commit first degree |
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1 | | murder is the
sentence for a Class X felony, except that
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2 | | (A) an attempt to commit first
degree murder when |
3 | | at least one of the aggravating factors specified in
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4 | | paragraphs (1), (2), and (12) of subsection (b) of |
5 | | Section 9-1 is present is
a Class X felony for which |
6 | | the sentence shall be a term of imprisonment of
not |
7 | | less than 20 years and not more than 80 years;
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8 | | (B) an attempt to commit first degree murder while |
9 | | armed with a
firearm is a Class X felony for which up |
10 | | to 15 years may shall be added to the term of
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11 | | imprisonment imposed by the court;
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12 | | (C) an attempt to commit first degree murder |
13 | | during which the person
personally discharged a |
14 | | firearm is a Class X felony for which up to 20 years
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15 | | may shall be added to the term of imprisonment imposed |
16 | | by the court;
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17 | | (D) an attempt to commit first degree murder |
18 | | during which the person
personally discharged a |
19 | | firearm that proximately caused great bodily harm,
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20 | | permanent disability, permanent disfigurement, or |
21 | | death to
another person is a Class X felony for which |
22 | | 25 years or up to a term of
natural life may shall be |
23 | | added to the term of imprisonment imposed by the |
24 | | court; and
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25 | | (E) if the defendant proves by a preponderance of |
26 | | the evidence at sentencing that, at the time of the |
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1 | | attempted murder, he or she was acting under a sudden |
2 | | and intense passion resulting from serious provocation |
3 | | by the individual whom the defendant endeavored to |
4 | | kill, or another, and, had the individual the |
5 | | defendant endeavored to kill died, the defendant would |
6 | | have negligently or accidentally caused that death, |
7 | | then the sentence for the attempted murder is the |
8 | | sentence for a Class 1 felony;
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9 | | (2) the sentence for attempt to commit a Class X |
10 | | felony is the sentence
for a Class 1 felony;
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11 | | (3) the sentence for attempt to commit a Class 1 |
12 | | felony is the sentence
for a Class 2 felony;
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13 | | (4) the sentence for attempt to commit a Class 2 |
14 | | felony is the sentence
for a Class 3 felony; and
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15 | | (5) the sentence for attempt to commit any felony |
16 | | other than those
specified in items (1), (2), (3), and (4) |
17 | | of this subsection (c) is
the sentence for a Class A |
18 | | misdemeanor.
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19 | | (Source: P.A. 96-710, eff. 1-1-10.)
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20 | | (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
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21 | | Sec. 9-1.2. Intentional homicide of an unborn child.
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22 | | (a) A person
commits the offense of intentional homicide |
23 | | of an unborn child if, in
performing acts which cause the death |
24 | | of an unborn child, he without lawful
justification:
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25 | | (1) either intended to cause the death of or do great |
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1 | | bodily harm to the
pregnant individual or unborn child or |
2 | | knew that such acts would cause death
or great bodily harm |
3 | | to the pregnant individual or unborn child; or
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4 | | (2) knew that his acts created a strong probability of |
5 | | death or great
bodily harm to the pregnant individual or |
6 | | unborn child; and
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7 | | (3) knew that the individual was pregnant.
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8 | | (b) For purposes of this Section, (1) "unborn child" shall |
9 | | mean any
individual of the human species from the implantation |
10 | | of an embryo until birth, and (2)
"person" shall not include |
11 | | the pregnant woman whose unborn child is killed.
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12 | | (c) This Section shall not apply to acts which cause the |
13 | | death of an
unborn child if those acts were committed during |
14 | | any abortion, as defined
in Section 1-10 of the Reproductive |
15 | | Health Act, to which the
pregnant individual has consented. |
16 | | This Section shall not apply to acts which
were committed |
17 | | pursuant to usual and customary standards of medical
practice |
18 | | during diagnostic testing or therapeutic treatment.
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19 | | (d) Penalty. The sentence for intentional homicide of an |
20 | | unborn child
shall be the same as for first degree murder, |
21 | | except that:
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22 | | (1) the death penalty may not be imposed;
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23 | | (2) if the person committed the offense while armed |
24 | | with a firearm, up to 15
years may shall be added to the |
25 | | term of imprisonment imposed by the court;
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26 | | (3) if, during the commission of the offense, the |
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1 | | person personally
discharged a firearm, up to 20 years may |
2 | | shall be added to the term of imprisonment
imposed by the |
3 | | court;
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4 | | (4) if, during the commission of the offense, the |
5 | | person personally
discharged a firearm that proximately |
6 | | caused great bodily harm, permanent
disability, permanent |
7 | | disfigurement, or death to another person, 25 years or up
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8 | | to a term of natural life may shall be added to the term of |
9 | | imprisonment imposed by
the court.
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10 | | (e) The provisions of this Act shall not be construed to |
11 | | prohibit the
prosecution of any person under any other |
12 | | provision of law.
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13 | | (Source: P.A. 101-13, eff. 6-12-19.)
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14 | | (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
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15 | | Sec. 10-2. Aggravated kidnaping.
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16 | | (a) A person commits the offense of
aggravated kidnaping |
17 | | when he or she commits kidnapping and:
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18 | | (1) kidnaps with the intent to obtain ransom from the |
19 | | person
kidnaped or from any other person;
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20 | | (2) takes as his or her victim a child under the age of |
21 | | 13 years, or a person with a severe or profound |
22 | | intellectual disability;
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23 | | (3) inflicts great bodily harm, other than by the |
24 | | discharge of a
firearm, or commits another felony upon his |
25 | | or her
victim;
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1 | | (4) wears a hood, robe, or mask or conceals his or her |
2 | | identity;
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3 | | (5) commits the offense of kidnaping while armed with |
4 | | a dangerous
weapon, other than a firearm, as defined in |
5 | | Section 33A-1 of this
Code;
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6 | | (6) commits the offense of kidnaping while armed with |
7 | | a firearm;
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8 | | (7) during the commission of the offense of kidnaping, |
9 | | personally
discharges a firearm; or
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10 | | (8) during the commission of the offense of kidnaping, |
11 | | personally discharges
a firearm that proximately causes |
12 | | great bodily harm, permanent
disability, permanent |
13 | | disfigurement, or death to another person.
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14 | | As used in this Section, "ransom" includes money, benefit, |
15 | | or other
valuable thing or concession.
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16 | | (b) Sentence. Aggravated kidnaping
in violation of |
17 | | paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a |
18 | | Class X felony.
A violation of subsection (a)(6) is a Class X |
19 | | felony for which up to 15 years may
shall be added to the term |
20 | | of imprisonment imposed by the court. A violation of
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21 | | subsection (a)(7) is a Class X felony for which up to 20 years |
22 | | may shall be added to the
term of imprisonment imposed by the |
23 | | court. A violation of subsection (a)(8) is
a Class X felony for |
24 | | which 25 years or up to a term of natural life may shall be
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25 | | added to the term of imprisonment imposed by the court. An |
26 | | offender under the age of 18 years at the time of the |
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1 | | commission of aggravated kidnaping in violation of paragraphs |
2 | | (1) through (8) of subsection (a) shall be sentenced under |
3 | | Section 5-4.5-105 of the Unified Code of Corrections.
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4 | | A person who has attained the age of 18 years at the time |
5 | | of the commission of the offense and who is convicted of a |
6 | | second or subsequent offense of
aggravated kidnaping shall be |
7 | | sentenced to a term of natural life imprisonment; except
that |
8 | | a sentence of natural life imprisonment shall not be
imposed |
9 | | under this Section unless the second or subsequent offense was
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10 | | committed after conviction on the first offense. An offender |
11 | | under the age of 18 years at the time of the commission of the |
12 | | second or subsequent offense shall be sentenced under Section |
13 | | 5-4.5-105 of the Unified Code of Corrections.
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14 | | (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; |
15 | | 99-642, eff. 7-28-16.)
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16 | | (720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
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17 | | Sec. 11-1.40. Predatory criminal sexual assault of a |
18 | | child.
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19 | | (a) A person commits predatory criminal sexual assault of |
20 | | a child if that person is 17 years of age or older, and commits |
21 | | an act of contact, however slight, between the sex organ or |
22 | | anus of one person and the part of the body of another for the |
23 | | purpose of sexual gratification or arousal of the victim or |
24 | | the accused, or an act of sexual penetration, and: |
25 | | (1) the victim is under 13 years of age; or |
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1 | | (2) the victim is under 13 years of age and that |
2 | | person: |
3 | | (A) is armed with a firearm; |
4 | | (B) personally discharges a firearm during the |
5 | | commission of the offense; |
6 | | (C) causes great bodily harm to the victim that: |
7 | | (i) results in permanent disability; or |
8 | | (ii) is life threatening; or |
9 | | (D) delivers (by injection, inhalation, ingestion, |
10 | | transfer of possession, or any other means) any |
11 | | controlled substance to the victim without the |
12 | | victim's consent or by threat or deception, for other |
13 | | than medical purposes.
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14 | | (b) Sentence.
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15 | | (1) A person convicted of a violation of subsection |
16 | | (a)(1)
commits a Class X felony, for which the person |
17 | | shall be sentenced to a term of imprisonment of not less |
18 | | than 6 years and not more than 60 years.
A person convicted |
19 | | of a violation of subsection (a)(2)(A) commits a Class X
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20 | | felony for which up to 15 years may shall be added to the |
21 | | term of imprisonment imposed by
the court. A person |
22 | | convicted of a violation of subsection (a)(2)(B) commits a
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23 | | Class X felony for which up to 20 years may shall be added |
24 | | to the term of imprisonment
imposed by the court. A person |
25 | | who has attained the age of 18 years at the time of the |
26 | | commission of the offense and who is convicted of a |
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1 | | violation of subsection (a)(2)(C)
commits a Class X felony |
2 | | for which the person shall be sentenced to a term of
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3 | | imprisonment of not less than 50 years or up to a term of |
4 | | natural life
imprisonment. An offender under the age of 18 |
5 | | years at the time of the commission of predatory criminal |
6 | | sexual assault of a child in violation of subsections |
7 | | (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be |
8 | | sentenced under Section 5-4.5-105 of the Unified Code of |
9 | | Corrections.
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10 | | (1.1) A person convicted of a violation of subsection |
11 | | (a)(2)(D) commits a
Class X felony for which the person
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12 | | shall be
sentenced to a
term of imprisonment of not less |
13 | | than 50 years and not more than 60 years. An offender under |
14 | | the age of 18 years at the time of the commission of |
15 | | predatory criminal sexual assault of a child in violation |
16 | | of subsection (a)(2)(D) shall be sentenced under Section |
17 | | 5-4.5-105 of the Unified Code of Corrections.
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18 | | (1.2) A person who has attained the age of 18 years at |
19 | | the time of the commission of the offense and convicted of |
20 | | predatory criminal sexual assault of a child
committed
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21 | | against 2 or more persons regardless of whether the |
22 | | offenses occurred as the
result of the same act or of |
23 | | several related or unrelated acts shall be
sentenced to a |
24 | | term of natural life imprisonment and an offender under |
25 | | the age of 18 years at the time of the commission of the |
26 | | offense shall be sentenced under Section 5-4.5-105 of the |
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1 | | Unified Code of Corrections.
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2 | | (2) A person who has attained the age of 18 years at |
3 | | the time of the commission of the offense and who is |
4 | | convicted of a second or subsequent offense of
predatory |
5 | | criminal sexual assault of a child, or who is convicted of |
6 | | the
offense of
predatory criminal sexual assault of a |
7 | | child after having previously been
convicted of the |
8 | | offense of criminal sexual assault or the offense of
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9 | | aggravated criminal sexual assault, or who is convicted of |
10 | | the offense of
predatory criminal sexual assault of a |
11 | | child after having previously been
convicted under the |
12 | | laws of this State
or any other state of an offense that is |
13 | | substantially equivalent to the
offense
of predatory |
14 | | criminal sexual assault of a child, the offense of |
15 | | aggravated
criminal sexual assault or the offense of |
16 | | criminal sexual assault, shall be
sentenced to a term of |
17 | | natural life imprisonment.
The commission of the second or |
18 | | subsequent offense is required to have been
after the |
19 | | initial conviction for this paragraph (2) to apply. An |
20 | | offender under the age of 18 years at the time of the |
21 | | commission of the offense covered by this paragraph (2) |
22 | | shall be sentenced under Section 5-4.5-105 of the Unified |
23 | | Code of Corrections.
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24 | | (Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; |
25 | | 98-903, eff. 8-15-14; 99-69, eff. 1-1-16 .)
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1 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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2 | | Sec. 12-3.05. Aggravated battery.
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3 | | (a) Offense based on injury. A person commits aggravated |
4 | | battery when, in committing a battery, other than by the |
5 | | discharge of a firearm, he or she knowingly does any of the |
6 | | following: |
7 | | (1) Causes great bodily harm or permanent disability |
8 | | or disfigurement. |
9 | | (2) Causes severe and permanent disability, great |
10 | | bodily harm, or disfigurement by means of a caustic or |
11 | | flammable substance, a poisonous gas, a deadly biological |
12 | | or chemical contaminant or agent, a radioactive substance, |
13 | | or a bomb or explosive compound. |
14 | | (3) Causes great bodily harm or permanent disability |
15 | | or disfigurement to an individual whom the person knows to |
16 | | be a peace officer, community policing volunteer, fireman, |
17 | | private security officer, correctional institution |
18 | | employee, or Department of Human Services employee |
19 | | supervising or controlling sexually dangerous persons or |
20 | | sexually violent persons: |
21 | | (i) performing his or her official duties; |
22 | | (ii) battered to prevent performance of his or her |
23 | | official duties; or |
24 | | (iii) battered in retaliation for performing his |
25 | | or her official duties. |
26 | | (4) Causes great bodily harm or permanent disability |
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1 | | or disfigurement to an individual 60 years of age or |
2 | | older. |
3 | | (5) Strangles another individual. |
4 | | (b) Offense based on injury to a child or person with an |
5 | | intellectual disability. A person who is at least 18 years of |
6 | | age commits aggravated battery when, in committing a battery, |
7 | | he or she knowingly and without legal justification by any |
8 | | means: |
9 | | (1) causes great bodily harm or permanent disability |
10 | | or disfigurement to any child under the age of 13 years, or |
11 | | to any person with a severe or profound intellectual |
12 | | disability; or |
13 | | (2) causes bodily harm or disability or disfigurement |
14 | | to any child under the age of 13 years or to any person |
15 | | with a severe or profound intellectual disability. |
16 | | (c) Offense based on location of conduct. A person commits |
17 | | aggravated battery when, in committing a battery, other than |
18 | | by the discharge of a firearm, he or she is or the person |
19 | | battered is on or about a public way, public property, a public |
20 | | place of accommodation or amusement, a sports venue, or a |
21 | | domestic violence shelter, or in a church, synagogue, mosque, |
22 | | or other building, structure, or place used for religious |
23 | | worship. |
24 | | (d) Offense based on status of victim. A person commits |
25 | | aggravated battery when, in committing a battery, other than |
26 | | by discharge of a firearm, he or she knows the individual |
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1 | | battered to be any of the following: |
2 | | (1) A person 60 years of age or older. |
3 | | (2) A person who is pregnant or has a physical |
4 | | disability. |
5 | | (3) A teacher or school employee upon school grounds |
6 | | or grounds adjacent to a school or in any part of a |
7 | | building used for school purposes. |
8 | | (4) A peace officer, community policing volunteer, |
9 | | fireman, private security officer, correctional |
10 | | institution employee, or Department of Human Services |
11 | | employee supervising or controlling sexually dangerous |
12 | | persons or sexually violent persons: |
13 | | (i) performing his or her official duties; |
14 | | (ii) battered to prevent performance of his or her |
15 | | official duties; or |
16 | | (iii) battered in retaliation for performing his |
17 | | or her official duties. |
18 | | (5) A judge, emergency management worker, emergency |
19 | | medical services personnel, or utility worker: |
20 | | (i) performing his or her official duties; |
21 | | (ii) battered to prevent performance of his or her |
22 | | official duties; or |
23 | | (iii) battered in retaliation for performing his |
24 | | or her official duties. |
25 | | (6) An officer or employee of the State of Illinois, a |
26 | | unit of local government, or a school district, while |
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1 | | performing his or her official duties. |
2 | | (7) A transit employee performing his or her official |
3 | | duties, or a transit passenger. |
4 | | (8) A taxi driver on duty. |
5 | | (9) A merchant who detains the person for an alleged |
6 | | commission of retail theft under Section 16-26 of this |
7 | | Code and the person without legal justification by any |
8 | | means causes bodily harm to the merchant. |
9 | | (10) A person authorized to serve process under |
10 | | Section 2-202 of the Code of Civil Procedure or a special |
11 | | process server appointed by the circuit court while that |
12 | | individual is in the performance of his or her duties as a |
13 | | process server. |
14 | | (11) A nurse while in the performance of his or her |
15 | | duties as a nurse. |
16 | | (12) A merchant: (i) while performing his or her |
17 | | duties, including, but not limited to, relaying directions |
18 | | for healthcare or safety from his or her supervisor or |
19 | | employer or relaying health or safety guidelines, |
20 | | recommendations, regulations, or rules from a federal, |
21 | | State, or local public health agency; and (ii) during a |
22 | | disaster declared by the Governor, or a state of emergency |
23 | | declared by the mayor of the municipality in which the |
24 | | merchant is located, due to a public health emergency and |
25 | | for a period of 6 months after such declaration. |
26 | | (e) Offense based on use of a firearm. A person commits |
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1 | | aggravated battery when, in committing a battery, he or she |
2 | | knowingly does any of the following: |
3 | | (1) Discharges a firearm, other than a machine gun or |
4 | | a firearm equipped with a silencer, and causes any injury |
5 | | to another person. |
6 | | (2) Discharges a firearm, other than a machine gun or |
7 | | a firearm equipped with a silencer, and causes any injury |
8 | | to a person he or she knows to be a peace officer, |
9 | | community policing volunteer, person summoned by a police |
10 | | officer, fireman, private security officer, correctional |
11 | | institution employee, or emergency management worker: |
12 | | (i) performing his or her official duties; |
13 | | (ii) battered to prevent performance of his or her |
14 | | official duties; or |
15 | | (iii) battered in retaliation for performing his |
16 | | or her official duties. |
17 | | (3) Discharges a firearm, other than a machine gun or |
18 | | a firearm equipped with a silencer, and causes any injury |
19 | | to a person he or she knows to be emergency medical |
20 | | services personnel: |
21 | | (i) performing his or her official duties; |
22 | | (ii) battered to prevent performance of his or her |
23 | | official duties; or |
24 | | (iii) battered in retaliation for performing his |
25 | | or her official duties. |
26 | | (4) Discharges a firearm and causes any injury to a |
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1 | | person he or she knows to be a teacher, a student in a |
2 | | school, or a school employee, and the teacher, student, or |
3 | | employee is upon school grounds or grounds adjacent to a |
4 | | school or in any part of a building used for school |
5 | | purposes. |
6 | | (5) Discharges a machine gun or a firearm equipped |
7 | | with a silencer, and causes any injury to another person. |
8 | | (6) Discharges a machine gun or a firearm equipped |
9 | | with a silencer, and causes any injury to a person he or |
10 | | she knows to be a peace officer, community policing |
11 | | volunteer, person summoned by a police officer, fireman, |
12 | | private security officer, correctional institution |
13 | | employee or emergency management worker: |
14 | | (i) performing his or her official duties; |
15 | | (ii) battered to prevent performance of his or her |
16 | | official duties; or |
17 | | (iii) battered in retaliation for performing his |
18 | | or her official duties. |
19 | | (7) Discharges a machine gun or a firearm equipped |
20 | | with a silencer, and causes any injury to a person he or |
21 | | she knows to be emergency medical services personnel: |
22 | | (i) performing his or her official duties; |
23 | | (ii) battered to prevent performance of his or her |
24 | | official duties; or |
25 | | (iii) battered in retaliation for performing his |
26 | | or her official duties. |
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1 | | (8) Discharges a machine gun or a firearm equipped |
2 | | with a silencer, and causes any injury to a person he or |
3 | | she knows to be a teacher, or a student in a school, or a |
4 | | school employee, and the teacher, student, or employee is |
5 | | upon school grounds or grounds adjacent to a school or in |
6 | | any part of a building used for school purposes. |
7 | | (f) Offense based on use of a weapon or device. A person |
8 | | commits aggravated battery when, in committing a battery, he |
9 | | or she does any of the following: |
10 | | (1) Uses a deadly weapon other than by discharge of a |
11 | | firearm, or uses an air rifle as defined in Section |
12 | | 24.8-0.1 of this Code. |
13 | | (2) Wears a hood, robe, or mask to conceal his or her |
14 | | identity. |
15 | | (3) Knowingly and without lawful justification shines |
16 | | or flashes a laser gunsight or other laser device attached |
17 | | to a firearm, or used in concert with a firearm, so that |
18 | | the laser beam strikes upon or against the person of |
19 | | another. |
20 | | (4) Knowingly video or audio records the offense with |
21 | | the intent to disseminate the recording. |
22 | | (g) Offense based on certain conduct. A person commits |
23 | | aggravated battery when, other than by discharge of a firearm, |
24 | | he or she does any of the following: |
25 | | (1) Violates Section 401 of the Illinois Controlled |
26 | | Substances Act by unlawfully delivering a controlled |
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1 | | substance to another and any user experiences great bodily |
2 | | harm or permanent disability as a result of the injection, |
3 | | inhalation, or ingestion of any amount of the controlled |
4 | | substance. |
5 | | (2) Knowingly administers to an individual or causes |
6 | | him or her to take, without his or her consent or by threat |
7 | | or deception, and for other than medical purposes, any |
8 | | intoxicating, poisonous, stupefying, narcotic, |
9 | | anesthetic, or controlled substance, or gives to another |
10 | | person any food containing any substance or object |
11 | | intended to cause physical injury if eaten. |
12 | | (3) Knowingly causes or attempts to cause a |
13 | | correctional institution employee or Department of Human |
14 | | Services employee to come into contact with blood, seminal |
15 | | fluid, urine, or feces by throwing, tossing, or expelling |
16 | | the fluid or material, and the person is an inmate of a |
17 | | penal institution or is a sexually dangerous person or |
18 | | sexually violent person in the custody of the Department |
19 | | of Human Services. |
20 | | (h) Sentence. Unless otherwise provided, aggravated |
21 | | battery is a Class 3 felony. |
22 | | Aggravated battery as defined in subdivision (a)(4), |
23 | | (d)(4), or (g)(3) is a Class 2 felony. |
24 | | Aggravated battery as defined in subdivision (a)(3) or |
25 | | (g)(1) is a Class 1 felony. |
26 | | Aggravated battery as defined in subdivision (a)(1) is a |
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1 | | Class 1 felony when the aggravated battery was intentional and |
2 | | involved the infliction of torture, as defined in paragraph |
3 | | (14) of subsection (b) of Section 9-1 of this Code, as the |
4 | | infliction of or subjection to extreme physical pain, |
5 | | motivated by an intent to increase or prolong the pain, |
6 | | suffering, or agony of the victim. |
7 | | Aggravated battery as defined in subdivision (a)(1) is a |
8 | | Class 2 felony when the person causes great bodily harm or |
9 | | permanent disability to an individual whom the person knows to |
10 | | be a member of a congregation engaged in prayer or other |
11 | | religious activities at a church, synagogue, mosque, or other |
12 | | building, structure, or place used for religious worship. |
13 | | Aggravated battery under subdivision (a)(5) is a
Class 1 |
14 | | felony if: |
15 | | (A) the person used or attempted to use a dangerous
|
16 | | instrument while committing the offense; |
17 | | (B) the person caused great bodily harm or
permanent |
18 | | disability or disfigurement to the other
person while |
19 | | committing the offense; or |
20 | | (C) the person has been previously convicted of a
|
21 | | violation of subdivision (a)(5) under the laws of this
|
22 | | State or laws similar to subdivision (a)(5) of any other
|
23 | | state. |
24 | | Aggravated battery as defined in subdivision (e)(1) is a |
25 | | Class X felony. |
26 | | Aggravated battery as defined in subdivision (a)(2) is a |
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1 | | Class X felony for which a person shall be sentenced to a term |
2 | | of imprisonment of a minimum of 6 years and a maximum of 45 |
3 | | years. |
4 | | Aggravated battery as defined in subdivision (e)(5) is a |
5 | | Class X felony for which a person shall be sentenced to a term |
6 | | of imprisonment of a minimum of 12 years and a maximum of 45 |
7 | | years. |
8 | | Aggravated battery as defined in subdivision (e)(2), |
9 | | (e)(3), or (e)(4) is a Class X felony for which a person shall |
10 | | be sentenced to a term of imprisonment of a minimum of 15 years |
11 | | and a maximum of 60 years. |
12 | | Aggravated battery as defined in subdivision (e)(6), |
13 | | (e)(7), or (e)(8) is a Class X felony for which a person shall |
14 | | be sentenced to a term of imprisonment of a minimum of 20 years |
15 | | and a maximum of 60 years. |
16 | | Aggravated battery as defined in subdivision (b)(1) is a |
17 | | Class X felony, except that: |
18 | | (1) if the person committed the offense while armed |
19 | | with a firearm, up to 15 years may shall be added to the |
20 | | term of imprisonment imposed by the court; |
21 | | (2) if, during the commission of the offense, the |
22 | | person personally discharged a firearm, up to 20 years may |
23 | | shall be added to the term of imprisonment imposed by the |
24 | | court; |
25 | | (3) if, during the commission of the offense, the |
26 | | person personally discharged a firearm that proximately |
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1 | | caused great bodily harm, permanent disability, permanent |
2 | | disfigurement, or death to another person, 25 years or up |
3 | | to a term of natural life may shall be added to the term of |
4 | | imprisonment imposed by the court. |
5 | | (i) Definitions. In this Section: |
6 | | "Building or other structure used to provide shelter" has |
7 | | the meaning ascribed to "shelter" in Section 1 of the Domestic |
8 | | Violence Shelters Act. |
9 | | "Domestic violence" has the meaning ascribed to it in |
10 | | Section 103 of the Illinois Domestic Violence Act of 1986. |
11 | | "Domestic violence shelter" means any building or other |
12 | | structure used to provide shelter or other services to victims |
13 | | or to the dependent children of victims of domestic violence |
14 | | pursuant to the Illinois Domestic Violence Act of 1986 or the |
15 | | Domestic Violence Shelters Act, or any place within 500 feet |
16 | | of such a building or other structure in the case of a person |
17 | | who is going to or from such a building or other structure. |
18 | | "Firearm" has the meaning provided under Section 1.1
of |
19 | | the Firearm Owners Identification Card Act, and does
not |
20 | | include an air rifle as defined by Section 24.8-0.1 of this |
21 | | Code. |
22 | | "Machine gun" has the meaning ascribed to it in Section |
23 | | 24-1 of this Code. |
24 | | "Merchant" has the meaning ascribed to it in Section |
25 | | 16-0.1 of this Code. |
26 | | "Strangle" means
intentionally impeding the normal |
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1 | | breathing or circulation of the blood of an individual by |
2 | | applying pressure on the throat
or neck of that individual or |
3 | | by blocking the nose or mouth of
that individual.
|
4 | | (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
|
5 | | (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
|
6 | | Sec. 18-2. Armed robbery.
|
7 | | (a) A person commits armed robbery when he or she violates |
8 | | Section 18-1;
and
|
9 | | (1) he or she carries on or about his or her person or
|
10 | | is
otherwise armed with a dangerous weapon other than a |
11 | | firearm; or
|
12 | | (2) he or she carries on or about his or her person or |
13 | | is otherwise armed
with a firearm; or
|
14 | | (3) he or she, during the commission of the offense, |
15 | | personally discharges
a firearm; or
|
16 | | (4) he or she, during the commission of the offense, |
17 | | personally discharges
a firearm that proximately causes |
18 | | great bodily harm, permanent disability,
permanent |
19 | | disfigurement, or death to another person.
|
20 | | (b) Sentence.
|
21 | | Armed robbery
in violation of subsection (a)(1)
is a Class |
22 | | X felony.
A violation of subsection (a)(2) is a Class X felony |
23 | | for which up to 15 years may shall
be added to the term of |
24 | | imprisonment imposed by the court. A violation of
subsection |
25 | | (a)(3) is a Class X felony for which 20 years shall be added to |
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1 | | the
term of imprisonment imposed by the court. A violation of |
2 | | subsection (a)(4) is
a Class X felony for which 25 years or up |
3 | | to a term of natural life may shall be
added to the term of |
4 | | imprisonment imposed by the court.
|
5 | | (Source: P.A. 91-404, eff. 1-1-00 .)
|
6 | | (720 ILCS 5/18-4)
|
7 | | Sec. 18-4. Aggravated vehicular hijacking.
|
8 | | (a) A person commits aggravated vehicular hijacking when |
9 | | he or she violates
Section 18-3; and
|
10 | | (1) the person from whose immediate presence the motor |
11 | | vehicle is
taken is a person with a physical disability or |
12 | | a person 60 years of age or over;
or
|
13 | | (2) a person under 16 years of age is a passenger in |
14 | | the motor vehicle at
the time of the offense; or
|
15 | | (3) he or she carries on or about his or her person, or |
16 | | is otherwise armed
with a dangerous weapon, other than a |
17 | | firearm; or
|
18 | | (4) he or she carries on or about his or her person or |
19 | | is otherwise armed
with a firearm; or
|
20 | | (5) he or she, during the commission of the offense, |
21 | | personally discharges
a firearm; or
|
22 | | (6) he or she, during the commission of the offense, |
23 | | personally discharges
a firearm that proximately causes |
24 | | great bodily harm, permanent disability,
permanent |
25 | | disfigurement, or death to another person.
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1 | | (b) Sentence. Aggravated vehicular hijacking in violation |
2 | | of subsections
(a)(1) or (a)(2) is a Class X felony.
A |
3 | | violation of subsection (a)(3) is a Class X
felony for which a |
4 | | term of imprisonment of not less than 7 years shall be
imposed.
|
5 | | A violation of subsection (a)(4) is a Class X
felony for which |
6 | | up to 15 years may shall be added to the term of imprisonment |
7 | | imposed by
the court. A violation of subsection (a)(5) is
a |
8 | | Class X felony for which up to 20 years may shall be added to |
9 | | the term of imprisonment
imposed by the court. A violation of |
10 | | subsection
(a)(6) is a Class X felony for which 25 years or up |
11 | | to a term of natural life
may shall be added to the term of |
12 | | imprisonment imposed by the court.
|
13 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
14 | | (720 ILCS 5/19-6) (was 720 ILCS 5/12-11) |
15 | | Sec. 19-6. Home Invasion. |
16 | | (a) A person who is not a peace officer acting
in the line |
17 | | of duty commits home invasion when
without authority he or she |
18 | | knowingly enters the dwelling place of another when
he or she |
19 | | knows or has reason to know that one or more persons is present
|
20 | | or he or she knowingly enters the dwelling place of another and |
21 | | remains
in the dwelling place until he or she knows or has |
22 | | reason to know that one
or more persons is present or who |
23 | | falsely represents himself or herself, including but not |
24 | | limited to, falsely representing himself or herself to be a |
25 | | representative of any unit of government or a construction, |
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1 | | telecommunications, or utility company, for the purpose of |
2 | | gaining entry to the dwelling place of another when he or she |
3 | | knows or has reason to know that one or more persons are |
4 | | present and |
5 | | (1) While armed with a dangerous weapon, other than a |
6 | | firearm, uses
force or threatens the
imminent
use of force |
7 | | upon any person or persons within the dwelling place |
8 | | whether
or not injury occurs, or |
9 | | (2) Intentionally causes any injury, except as |
10 | | provided in subsection
(a)(5), to any person or persons |
11 | | within the dwelling place, or |
12 | | (3) While armed with a firearm uses force or threatens |
13 | | the imminent use of
force upon any person or persons |
14 | | within the dwelling place whether or not
injury occurs, or |
15 | | (4) Uses force or threatens the imminent use of force |
16 | | upon any person or
persons within the dwelling place |
17 | | whether or not injury occurs and during the
commission of |
18 | | the offense personally discharges a firearm, or |
19 | | (5) Personally discharges a firearm that proximately |
20 | | causes great bodily
harm, permanent disability, permanent |
21 | | disfigurement, or death to another
person within the |
22 | | dwelling place, or |
23 | | (6) Commits, against any person or persons within that |
24 | | dwelling place, a
violation of Section 11-1.20, 11-1.30, |
25 | | 11-1.40, 11-1.50, or 11-1.60 of this
Code. |
26 | | (b) It is an affirmative defense to a charge of home |
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1 | | invasion that
the accused who knowingly enters the dwelling |
2 | | place of another and remains
in the dwelling place until he or |
3 | | she knows or has reason to know that one
or more persons is |
4 | | present either immediately leaves the premises or
surrenders |
5 | | to the person or persons lawfully present therein without |
6 | | either
attempting to cause or causing serious bodily injury to |
7 | | any person present
therein. |
8 | | (c) Sentence. Home invasion in violation of subsection |
9 | | (a)(1),
(a)(2) or (a)(6) is a Class X felony.
A violation of |
10 | | subsection (a)(3) is a Class X felony for
which up to 15 years |
11 | | may shall be added to the term of imprisonment imposed by the
|
12 | | court. A violation of subsection (a)(4) is a Class X felony for |
13 | | which 20 years
shall be added to the term of imprisonment |
14 | | imposed by the court. A violation of
subsection (a)(5) is a |
15 | | Class X felony for which 25 years or up to a term of
natural |
16 | | life may shall be added to the term of imprisonment imposed by |
17 | | the court. |
18 | | (d) For purposes of this Section, "dwelling place of |
19 | | another" includes
a dwelling place where the defendant
|
20 | | maintains a tenancy interest but from which the defendant has |
21 | | been barred by a
divorce decree, judgment of dissolution of |
22 | | marriage, order of protection, or
other court order. |
23 | | (Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; |
24 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
25 | | (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
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1 | | Sec. 33A-3. Sentence.
|
2 | | (a) Violation of Section 33A-2(a) with a
Category I weapon |
3 | | is a Class X felony for which the defendant may shall be
|
4 | | sentenced to a minimum term of imprisonment of 15 years.
|
5 | | (a-5) Violation of Section 33A-2(a) with a Category II |
6 | | weapon
is a Class X
felony for which the defendant may shall be |
7 | | sentenced to a minimum term of
imprisonment of 10 years.
|
8 | | (b) Violation of Section 33A-2(a)
with a Category III |
9 | | weapon is a Class 2 felony or the felony
classification |
10 | | provided for the same act while unarmed, whichever
permits the |
11 | | greater penalty. A second or subsequent violation of
Section |
12 | | 33A-2(a) with a Category III weapon is a Class 1 felony
or the |
13 | | felony classification provided for the same act while unarmed, |
14 | | whichever
permits the greater penalty.
|
15 | | (b-5) Violation of Section 33A-2(b) with a firearm that is |
16 | | a Category I or
Category II
weapon is a Class X felony for |
17 | | which the defendant may shall be sentenced to a
minimum term of |
18 | | imprisonment of 20 years.
|
19 | | (b-10) Violation of Section 33A-2(c) with a firearm that |
20 | | is a Category I or
Category II
weapon is a Class X felony for |
21 | | which the defendant may shall be sentenced to a
term of |
22 | | imprisonment of not less than 25 years nor more than 40 years.
|
23 | | (c) Unless sentencing under subsection (a) of Section |
24 | | 5-4.5-95 of the Unified Code of Corrections (730 ILCS |
25 | | 5/5-4.5-95) is applicable, any person who
violates subsection |
26 | | (a) or (b) of Section 33A-2 with a
firearm, when that person |
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1 | | has been convicted in any state or federal court
of 3 or more |
2 | | of the following offenses: treason, first degree murder, |
3 | | second
degree murder, predatory criminal sexual assault of a |
4 | | child, aggravated
criminal sexual assault, criminal sexual |
5 | | assault,
robbery, burglary, arson, kidnaping, aggravated |
6 | | battery resulting in great
bodily harm or permanent disability |
7 | | or disfigurement, a violation of the Methamphetamine Control |
8 | | and Community Protection Act, or a violation of Section
401(a) |
9 | | of the Illinois Controlled Substances Act,
when the third |
10 | | offense was committed after conviction on the second, the |
11 | | second
offense was committed after conviction on the first, |
12 | | and the violation of
Section 33A-2 was committed after |
13 | | conviction on the third, may shall be sentenced
to a term of |
14 | | imprisonment of not less than 25 years nor more than 50
years.
|
15 | | (c-5) Except as otherwise provided in paragraph (b-10) or |
16 | | (c) of this
Section, a person who violates Section 33A-2(a) |
17 | | with a firearm that is a
Category I weapon or
Section 33A-2(b) |
18 | | in any school, in any conveyance owned, leased, or contracted
|
19 | | by a school to transport students to or from school or a school |
20 | | related
activity, or on the real property comprising any |
21 | | school or public park, and
where
the offense was related to the |
22 | | activities of an organized gang, may shall be
sentenced to a |
23 | | term of imprisonment of not less than the term set forth in
|
24 | | subsection (a) or (b-5) of this Section, whichever is |
25 | | applicable, and not more
than 30 years. For the purposes of |
26 | | this subsection (c-5), "organized gang" has
the meaning |
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1 | | ascribed to it in Section 10 of the Illinois Streetgang |
2 | | Terrorism
Omnibus Prevention Act.
|
3 | | (d) For armed violence based upon a predicate offense |
4 | | listed in this
subsection (d) the court
shall enter the |
5 | | sentence for armed violence to run consecutively to the
|
6 | | sentence imposed for the predicate offense. The offenses |
7 | | covered by this
provision are:
|
8 | | (i) solicitation of murder,
|
9 | | (ii) solicitation of murder for hire,
|
10 | | (iii) heinous battery as described in Section 12-4.1 |
11 | | or subdivision (a)(2) of Section 12-3.05,
|
12 | | (iv) aggravated battery of a senior citizen as |
13 | | described in Section 12-4.6 or subdivision (a)(4) of |
14 | | Section 12-3.05,
|
15 | | (v) (blank),
|
16 | | (vi) a violation of subsection (g) of Section 5 of the |
17 | | Cannabis Control
Act,
|
18 | | (vii) cannabis trafficking,
|
19 | | (viii) a violation of subsection (a) of Section 401 of |
20 | | the Illinois
Controlled Substances Act,
|
21 | | (ix) controlled substance trafficking involving a |
22 | | Class X felony amount of
controlled substance under |
23 | | Section 401 of the Illinois Controlled Substances
Act,
|
24 | | (x) calculated criminal drug conspiracy,
|
25 | | (xi) streetgang criminal drug conspiracy, or |
26 | | (xii) a violation of the Methamphetamine Control and |
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1 | | Community Protection Act.
|
2 | | (Source: P.A. 95-688, eff. 10-23-07; 95-1052, eff. 7-1-09; |
3 | | 96-1551, eff. 7-1-11 .)
|
4 | | Section 10. The Unified Code of Corrections is amended by |
5 | | 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. Natural life imprisonment; enhancements for |
8 | | use of a firearm; mandatory supervised release terms.
|
9 | | (a) Except as otherwise provided in the statute defining |
10 | | the offense or in Article 4.5 of Chapter V, a
sentence of |
11 | | imprisonment for a felony shall be a determinate sentence set |
12 | | by
the court under this Section, subject to Section 5-4.5-115 |
13 | | of this Code, according to the following limitations:
|
14 | | (1) for first degree murder,
|
15 | | (a) (blank),
|
16 | | (b) if a trier of fact finds beyond a reasonable
|
17 | | doubt that the murder was accompanied by exceptionally
|
18 | | brutal or heinous behavior indicative of wanton |
19 | | cruelty or, except as set forth
in subsection |
20 | | (a)(1)(c) of this Section, that any of the aggravating |
21 | | factors
listed in subsection (b) or (b-5) of Section |
22 | | 9-1 of the Criminal Code of 1961 or the Criminal Code |
23 | | of 2012 are
present, the court may sentence the |
24 | | defendant, subject to Section 5-4.5-105, to a term of |
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1 | | natural life
imprisonment, or
|
2 | | (c) the court shall sentence the defendant to a |
3 | | term of natural life
imprisonment if the defendant, at |
4 | | the time of the commission of the murder, had attained |
5 | | the age of 18, and
|
6 | | (i) has previously been convicted of first |
7 | | degree murder under
any state or federal law, or
|
8 | | (ii) is found guilty of murdering more
than |
9 | | one victim, or
|
10 | | (iii) is found guilty of murdering a peace |
11 | | officer, fireman, or emergency management worker |
12 | | when
the peace officer, fireman, or emergency |
13 | | management worker was killed in the course of |
14 | | performing his
official duties, or to prevent the |
15 | | peace officer or fireman from
performing his |
16 | | official duties, or in retaliation for the peace |
17 | | officer,
fireman, or emergency management worker |
18 | | from performing his official duties, and the |
19 | | defendant knew or should
have known that the |
20 | | murdered individual was a peace officer, fireman, |
21 | | or emergency management worker, or
|
22 | | (iv) is found guilty of murdering an employee |
23 | | of an institution or
facility of the Department of |
24 | | Corrections, or any similar local
correctional |
25 | | agency, when the employee was killed in the course |
26 | | of
performing his official duties, or to prevent |
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1 | | the employee from performing
his official duties, |
2 | | or in retaliation for the employee performing his
|
3 | | official duties, or
|
4 | | (v) is found guilty of murdering an emergency |
5 | | medical
technician - ambulance, emergency medical |
6 | | technician - intermediate, emergency
medical |
7 | | technician - paramedic, ambulance driver or other |
8 | | medical assistance or
first aid person while |
9 | | employed by a municipality or other governmental |
10 | | unit
when the person was killed in the course of |
11 | | performing official duties or
to prevent the |
12 | | person from performing official duties or in |
13 | | retaliation
for performing official duties and the |
14 | | defendant knew or should have known
that the |
15 | | murdered individual was an emergency medical |
16 | | technician - ambulance,
emergency medical |
17 | | technician - intermediate, emergency medical
|
18 | | technician - paramedic, ambulance driver, or other |
19 | | medical
assistant or first aid personnel, or
|
20 | | (vi) (blank), or
|
21 | | (vii) is found guilty of first degree murder |
22 | | and the murder was
committed by reason of any |
23 | | person's activity as a community policing |
24 | | volunteer
or to prevent any person from engaging |
25 | | in activity as a community policing
volunteer. For |
26 | | the purpose of this Section, "community policing |
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1 | | volunteer"
has the meaning ascribed to it in |
2 | | Section 2-3.5 of the Criminal Code of 2012.
|
3 | | For purposes of clause (v), "emergency medical |
4 | | technician - ambulance",
"emergency medical technician - |
5 | | intermediate", "emergency medical technician -
|
6 | | paramedic", have the meanings ascribed to them in the |
7 | | Emergency Medical
Services (EMS) Systems Act.
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8 | | (d)(i) if the person committed the offense while |
9 | | armed with a
firearm, up to 15 years may shall be |
10 | | added to the term of imprisonment imposed by the
|
11 | | court;
|
12 | | (ii) if, during the commission of the offense, the |
13 | | person
personally discharged a firearm, up to 20 years |
14 | | may shall be added to the term of
imprisonment imposed |
15 | | by the court;
|
16 | | (iii) if, during the commission of the offense, |
17 | | the person
personally discharged a firearm that |
18 | | proximately caused great bodily harm,
permanent |
19 | | disability, permanent disfigurement, or death to |
20 | | another person, 25
years or up to a term of natural |
21 | | life may shall be added to the term of
imprisonment |
22 | | imposed by the court.
|
23 | | (2) (blank);
|
24 | | (2.5) for a person who has attained the age of 18 years
|
25 | | at the time of the commission of the offense and
who is |
26 | | convicted under the circumstances described in subdivision |
|
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1 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of |
2 | | subsection (b) of Section 12-13, subdivision (d)(2) of |
3 | | Section 11-1.30 or paragraph (2) of subsection
(d) of |
4 | | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or |
5 | | paragraph (1.2) of subsection (b) of
Section 12-14.1, |
6 | | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of |
7 | | subsection (b) of Section 12-14.1
of the Criminal Code of |
8 | | 1961 or the Criminal Code of 2012, the sentence shall be a |
9 | | term of natural life
imprisonment.
|
10 | | (b) (Blank).
|
11 | | (c) (Blank).
|
12 | | (d) Subject to
earlier termination under Section 3-3-8, |
13 | | the parole or mandatory
supervised release term shall be |
14 | | written as part of the sentencing order and shall be as |
15 | | follows:
|
16 | | (1) for first degree murder or a Class X felony except |
17 | | for the offenses of predatory criminal sexual assault of a |
18 | | child, aggravated criminal sexual assault, and criminal |
19 | | sexual assault if committed on or after the effective date |
20 | | of this amendatory Act of the 94th General Assembly and |
21 | | except for the offense of aggravated child pornography |
22 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with |
23 | | sentencing under subsection (c-5) of Section 11-20.1 of |
24 | | the Criminal Code of 1961 or the Criminal Code of 2012, if |
25 | | committed on or after January 1, 2009, 3 years;
|
26 | | (2) for a Class 1 felony or a Class 2 felony except for |
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1 | | the offense of criminal sexual assault if committed on or |
2 | | after the effective date of this amendatory Act of the |
3 | | 94th General Assembly and except for the offenses of |
4 | | manufacture and dissemination of child pornography under |
5 | | clauses (a)(1) and (a)(2) of Section 11-20.1 of the |
6 | | Criminal Code of 1961 or the Criminal Code of 2012, if |
7 | | committed on or after January 1, 2009, 2 years;
|
8 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
|
9 | | (4) for defendants who commit the offense of predatory |
10 | | criminal sexual assault of a child, aggravated criminal |
11 | | sexual assault, or criminal sexual assault, on or after |
12 | | the effective date of this amendatory Act of the 94th |
13 | | General Assembly, or who commit the offense of aggravated |
14 | | child pornography under Section 11-20.1B, 11-20.3, or |
15 | | 11-20.1 with sentencing under subsection (c-5) of Section |
16 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code |
17 | | of 2012, manufacture of child pornography, or |
18 | | dissemination of child pornography after January 1, 2009, |
19 | | the term of mandatory supervised release shall range from |
20 | | a minimum of 3 years to a maximum of the natural life of |
21 | | the defendant;
|
22 | | (5) if the victim is under 18 years of age, for a |
23 | | second or subsequent
offense of aggravated criminal sexual |
24 | | abuse or felony criminal sexual abuse,
4 years, at least |
25 | | the first 2 years of which the defendant shall serve in an
|
26 | | electronic monitoring or home detention program under |
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1 | | Article 8A of Chapter V of this Code;
|
2 | | (6) for a felony domestic battery, aggravated domestic |
3 | | battery, stalking, aggravated stalking, and a felony |
4 | | violation of an order of protection, 4 years. |
5 | | (e) (Blank).
|
6 | | (f) (Blank).
|
7 | | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; |
8 | | 101-288, eff. 1-1-20 .)
|