103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2585

 

Introduced 5/19/2023, by Sen. Mike Porfirio

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/9-1  from Ch. 38, par. 9-1
720 ILCS 5/12-2  from Ch. 38, par. 12-2
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4
730 ILCS 5/5-8-1  from Ch. 38, par. 1005-8-1

    Amends the Criminal Code of 2012. For purposes of Code provisions that make it a crime or an aggravating factor to commit an offense against police officers while they are performing their official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty. Amends the Unified Code of Corrections. For purposes of a Code provision that establishes a sentence enhancement for the murder of a peace officer in the course of performing his or her official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty.


LRB103 32533 JDS 62107 b

 

 

A BILL FOR

 

SB2585LRB103 32533 JDS 62107 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 9-1, 12-2, and 12-3.05 as follows:
 
6    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
7    Sec. 9-1. First degree murder; death penalties;
8exceptions; separate hearings; proof; findings; appellate
9procedures; reversals.
10    (a) A person who kills an individual without lawful
11justification commits first degree murder if, in performing
12the acts which cause the death:
13        (1) he or she either intends to kill or do great bodily
14    harm to that individual or another, or knows that such
15    acts will cause death to that individual or another; or
16        (2) he or she knows that such acts create a strong
17    probability of death or great bodily harm to that
18    individual or another; or
19        (3) he or she, acting alone or with one or more
20    participants, commits or attempts to commit a forcible
21    felony other than second degree murder, and in the course
22    of or in furtherance of such crime or flight therefrom, he
23    or she or another participant causes the death of a

 

 

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1    person.
2    (b) Aggravating Factors. A defendant who at the time of
3the commission of the offense has attained the age of 18 or
4more and who has been found guilty of first degree murder may
5be sentenced to death if:
6        (1) the murdered individual was a peace officer or
7    fireman killed in the course of performing his or her
8    official duties, including, without limitation, traveling
9    to or from his or her place of duty, to prevent the
10    performance of his or her official duties, or in
11    retaliation for performing his or her official duties, and
12    the defendant knew or should have known that the murdered
13    individual was a peace officer or fireman; or
14        (2) the murdered individual was an employee of an
15    institution or facility of the Department of Corrections,
16    or any similar local correctional agency, killed in the
17    course of performing his or her official duties, to
18    prevent the performance of his or her official duties, or
19    in retaliation for performing his or her official duties,
20    or the murdered individual was an inmate at such
21    institution or facility and was killed on the grounds
22    thereof, or the murdered individual was otherwise present
23    in such institution or facility with the knowledge and
24    approval of the chief administrative officer thereof; or
25        (3) the defendant has been convicted of murdering two
26    or more individuals under subsection (a) of this Section

 

 

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1    or under any law of the United States or of any state which
2    is substantially similar to subsection (a) of this Section
3    regardless of whether the deaths occurred as the result of
4    the same act or of several related or unrelated acts so
5    long as the deaths were the result of either an intent to
6    kill more than one person or of separate acts which the
7    defendant knew would cause death or create a strong
8    probability of death or great bodily harm to the murdered
9    individual or another; or
10        (4) the murdered individual was killed as a result of
11    the hijacking of an airplane, train, ship, bus, or other
12    public conveyance; or
13        (5) the defendant committed the murder pursuant to a
14    contract, agreement, or understanding by which he or she
15    was to receive money or anything of value in return for
16    committing the murder or procured another to commit the
17    murder for money or anything of value; or
18        (6) the murdered individual was killed in the course
19    of another felony if:
20            (a) the murdered individual:
21                (i) was actually killed by the defendant, or
22                (ii) received physical injuries personally
23            inflicted by the defendant substantially
24            contemporaneously with physical injuries caused by
25            one or more persons for whose conduct the
26            defendant is legally accountable under Section 5-2

 

 

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1            of this Code, and the physical injuries inflicted
2            by either the defendant or the other person or
3            persons for whose conduct he is legally
4            accountable caused the death of the murdered
5            individual; and
6            (b) in performing the acts which caused the death
7        of the murdered individual or which resulted in
8        physical injuries personally inflicted by the
9        defendant on the murdered individual under the
10        circumstances of subdivision (ii) of subparagraph (a)
11        of paragraph (6) of subsection (b) of this Section,
12        the defendant acted with the intent to kill the
13        murdered individual or with the knowledge that his
14        acts created a strong probability of death or great
15        bodily harm to the murdered individual or another; and
16            (c) the other felony was an inherently violent
17        crime or the attempt to commit an inherently violent
18        crime. In this subparagraph (c), "inherently violent
19        crime" includes, but is not limited to, armed robbery,
20        robbery, predatory criminal sexual assault of a child,
21        aggravated criminal sexual assault, aggravated
22        kidnapping, aggravated vehicular hijacking, aggravated
23        arson, aggravated stalking, residential burglary, and
24        home invasion; or
25        (7) the murdered individual was under 12 years of age
26    and the death resulted from exceptionally brutal or

 

 

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1    heinous behavior indicative of wanton cruelty; or
2        (8) the defendant committed the murder with intent to
3    prevent the murdered individual from testifying or
4    participating in any criminal investigation or prosecution
5    or giving material assistance to the State in any
6    investigation or prosecution, either against the defendant
7    or another; or the defendant committed the murder because
8    the murdered individual was a witness in any prosecution
9    or gave material assistance to the State in any
10    investigation or prosecution, either against the defendant
11    or another; for purposes of this paragraph (8),
12    "participating in any criminal investigation or
13    prosecution" is intended to include those appearing in the
14    proceedings in any capacity such as trial judges,
15    prosecutors, defense attorneys, investigators, witnesses,
16    or jurors; or
17        (9) the defendant, while committing an offense
18    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
19    407 or 407.1 or subsection (b) of Section 404 of the
20    Illinois Controlled Substances Act, or while engaged in a
21    conspiracy or solicitation to commit such offense,
22    intentionally killed an individual or counseled,
23    commanded, induced, procured or caused the intentional
24    killing of the murdered individual; or
25        (10) the defendant was incarcerated in an institution
26    or facility of the Department of Corrections at the time

 

 

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1    of the murder, and while committing an offense punishable
2    as a felony under Illinois law, or while engaged in a
3    conspiracy or solicitation to commit such offense,
4    intentionally killed an individual or counseled,
5    commanded, induced, procured or caused the intentional
6    killing of the murdered individual; or
7        (11) the murder was committed in a cold, calculated
8    and premeditated manner pursuant to a preconceived plan,
9    scheme or design to take a human life by unlawful means,
10    and the conduct of the defendant created a reasonable
11    expectation that the death of a human being would result
12    therefrom; or
13        (12) the murdered individual was an emergency medical
14    technician - ambulance, emergency medical technician -
15    intermediate, emergency medical technician - paramedic,
16    ambulance driver, or other medical assistance or first aid
17    personnel, employed by a municipality or other
18    governmental unit, killed in the course of performing his
19    official duties, to prevent the performance of his
20    official duties, or in retaliation for performing his
21    official duties, and the defendant knew or should have
22    known that the murdered individual was an emergency
23    medical technician - ambulance, emergency medical
24    technician - intermediate, emergency medical technician -
25    paramedic, ambulance driver, or other medical assistance
26    or first aid personnel; or

 

 

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1        (13) the defendant was a principal administrator,
2    organizer, or leader of a calculated criminal drug
3    conspiracy consisting of a hierarchical position of
4    authority superior to that of all other members of the
5    conspiracy, and the defendant counseled, commanded,
6    induced, procured, or caused the intentional killing of
7    the murdered person; or
8        (14) the murder was intentional and involved the
9    infliction of torture. For the purpose of this Section
10    torture means the infliction of or subjection to extreme
11    physical pain, motivated by an intent to increase or
12    prolong the pain, suffering or agony of the victim; or
13        (15) the murder was committed as a result of the
14    intentional discharge of a firearm by the defendant from a
15    motor vehicle and the victim was not present within the
16    motor vehicle; or
17        (16) the murdered individual was 60 years of age or
18    older and the death resulted from exceptionally brutal or
19    heinous behavior indicative of wanton cruelty; or
20        (17) the murdered individual was a person with a
21    disability and the defendant knew or should have known
22    that the murdered individual was a person with a
23    disability. For purposes of this paragraph (17), "person
24    with a disability" means a person who suffers from a
25    permanent physical or mental impairment resulting from
26    disease, an injury, a functional disorder, or a congenital

 

 

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1    condition that renders the person incapable of adequately
2    providing for his or her own health or personal care; or
3        (18) the murder was committed by reason of any
4    person's activity as a community policing volunteer or to
5    prevent any person from engaging in activity as a
6    community policing volunteer; or
7        (19) the murdered individual was subject to an order
8    of protection and the murder was committed by a person
9    against whom the same order of protection was issued under
10    the Illinois Domestic Violence Act of 1986; or
11        (20) the murdered individual was known by the
12    defendant to be a teacher or other person employed in any
13    school and the teacher or other employee is upon the
14    grounds of a school or grounds adjacent to a school, or is
15    in any part of a building used for school purposes; or
16        (21) the murder was committed by the defendant in
17    connection with or as a result of the offense of terrorism
18    as defined in Section 29D-14.9 of this Code; or
19        (22) the murdered individual was a member of a
20    congregation engaged in prayer or other religious
21    activities at a church, synagogue, mosque, or other
22    building, structure, or place used for religious worship.
23    (b-5) Aggravating Factor; Natural Life Imprisonment. A
24defendant who has been found guilty of first degree murder and
25who at the time of the commission of the offense had attained
26the age of 18 years or more may be sentenced to natural life

 

 

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1imprisonment if (i) the murdered individual was a physician,
2physician assistant, psychologist, nurse, or advanced practice
3registered nurse, (ii) the defendant knew or should have known
4that the murdered individual was a physician, physician
5assistant, psychologist, nurse, or advanced practice
6registered nurse, and (iii) the murdered individual was killed
7in the course of acting in his or her capacity as a physician,
8physician assistant, psychologist, nurse, or advanced practice
9registered nurse, or to prevent him or her from acting in that
10capacity, or in retaliation for his or her acting in that
11capacity.
12    (c) Consideration of factors in Aggravation and
13Mitigation.
14    The court shall consider, or shall instruct the jury to
15consider any aggravating and any mitigating factors which are
16relevant to the imposition of the death penalty. Aggravating
17factors may include but need not be limited to those factors
18set forth in subsection (b). Mitigating factors may include
19but need not be limited to the following:
20        (1) the defendant has no significant history of prior
21    criminal activity;
22        (2) the murder was committed while the defendant was
23    under the influence of extreme mental or emotional
24    disturbance, although not such as to constitute a defense
25    to prosecution;
26        (3) the murdered individual was a participant in the

 

 

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1    defendant's homicidal conduct or consented to the
2    homicidal act;
3        (4) the defendant acted under the compulsion of threat
4    or menace of the imminent infliction of death or great
5    bodily harm;
6        (5) the defendant was not personally present during
7    commission of the act or acts causing death;
8        (6) the defendant's background includes a history of
9    extreme emotional or physical abuse;
10        (7) the defendant suffers from a reduced mental
11    capacity.
12    Provided, however, that an action that does not otherwise
13mitigate first degree murder cannot qualify as a mitigating
14factor for first degree murder because of the discovery,
15knowledge, or disclosure of the victim's sexual orientation as
16defined in Section 1-103 of the Illinois Human Rights Act.
17    (d) Separate sentencing hearing.
18    Where requested by the State, the court shall conduct a
19separate sentencing proceeding to determine the existence of
20factors set forth in subsection (b) and to consider any
21aggravating or mitigating factors as indicated in subsection
22(c). The proceeding shall be conducted:
23        (1) before the jury that determined the defendant's
24    guilt; or
25        (2) before a jury impanelled for the purpose of the
26    proceeding if:

 

 

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1            A. the defendant was convicted upon a plea of
2        guilty; or
3            B. the defendant was convicted after a trial
4        before the court sitting without a jury; or
5            C. the court for good cause shown discharges the
6        jury that determined the defendant's guilt; or
7        (3) before the court alone if the defendant waives a
8    jury for the separate proceeding.
9    (e) Evidence and Argument.
10    During the proceeding any information relevant to any of
11the factors set forth in subsection (b) may be presented by
12either the State or the defendant under the rules governing
13the admission of evidence at criminal trials. Any information
14relevant to any additional aggravating factors or any
15mitigating factors indicated in subsection (c) may be
16presented by the State or defendant regardless of its
17admissibility under the rules governing the admission of
18evidence at criminal trials. The State and the defendant shall
19be given fair opportunity to rebut any information received at
20the hearing.
21    (f) Proof.
22    The burden of proof of establishing the existence of any
23of the factors set forth in subsection (b) is on the State and
24shall not be satisfied unless established beyond a reasonable
25doubt.
26    (g) Procedure - Jury.

 

 

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1    If at the separate sentencing proceeding the jury finds
2that none of the factors set forth in subsection (b) exists,
3the court shall sentence the defendant to a term of
4imprisonment under Chapter V of the Unified Code of
5Corrections. If there is a unanimous finding by the jury that
6one or more of the factors set forth in subsection (b) exist,
7the jury shall consider aggravating and mitigating factors as
8instructed by the court and shall determine whether the
9sentence of death shall be imposed. If the jury determines
10unanimously, after weighing the factors in aggravation and
11mitigation, that death is the appropriate sentence, the court
12shall sentence the defendant to death. If the court does not
13concur with the jury determination that death is the
14appropriate sentence, the court shall set forth reasons in
15writing including what facts or circumstances the court relied
16upon, along with any relevant documents, that compelled the
17court to non-concur with the sentence. This document and any
18attachments shall be part of the record for appellate review.
19The court shall be bound by the jury's sentencing
20determination.
21    If after weighing the factors in aggravation and
22mitigation, one or more jurors determines that death is not
23the appropriate sentence, the court shall sentence the
24defendant to a term of imprisonment under Chapter V of the
25Unified Code of Corrections.
26    (h) Procedure - No Jury.

 

 

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1    In a proceeding before the court alone, if the court finds
2that none of the factors found in subsection (b) exists, the
3court shall sentence the defendant to a term of imprisonment
4under Chapter V of the Unified Code of Corrections.
5    If the Court determines that one or more of the factors set
6forth in subsection (b) exists, the Court shall consider any
7aggravating and mitigating factors as indicated in subsection
8(c). If the Court determines, after weighing the factors in
9aggravation and mitigation, that death is the appropriate
10sentence, the Court shall sentence the defendant to death.
11    If the court finds that death is not the appropriate
12sentence, the court shall sentence the defendant to a term of
13imprisonment under Chapter V of the Unified Code of
14Corrections.
15    (h-5) Decertification as a capital case.
16    In a case in which the defendant has been found guilty of
17first degree murder by a judge or jury, or a case on remand for
18resentencing, and the State seeks the death penalty as an
19appropriate sentence, on the court's own motion or the written
20motion of the defendant, the court may decertify the case as a
21death penalty case if the court finds that the only evidence
22supporting the defendant's conviction is the uncorroborated
23testimony of an informant witness, as defined in Section
24115-21 of the Code of Criminal Procedure of 1963, concerning
25the confession or admission of the defendant or that the sole
26evidence against the defendant is a single eyewitness or

 

 

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1single accomplice without any other corroborating evidence. If
2the court decertifies the case as a capital case under either
3of the grounds set forth above, the court shall issue a written
4finding. The State may pursue its right to appeal the
5decertification pursuant to Supreme Court Rule 604(a)(1). If
6the court does not decertify the case as a capital case, the
7matter shall proceed to the eligibility phase of the
8sentencing hearing.
9    (i) Appellate Procedure.
10    The conviction and sentence of death shall be subject to
11automatic review by the Supreme Court. Such review shall be in
12accordance with rules promulgated by the Supreme Court. The
13Illinois Supreme Court may overturn the death sentence, and
14order the imposition of imprisonment under Chapter V of the
15Unified Code of Corrections if the court finds that the death
16sentence is fundamentally unjust as applied to the particular
17case. If the Illinois Supreme Court finds that the death
18sentence is fundamentally unjust as applied to the particular
19case, independent of any procedural grounds for relief, the
20Illinois Supreme Court shall issue a written opinion
21explaining this finding.
22    (j) Disposition of reversed death sentence.
23    In the event that the death penalty in this Act is held to
24be unconstitutional by the Supreme Court of the United States
25or of the State of Illinois, any person convicted of first
26degree murder shall be sentenced by the court to a term of

 

 

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1imprisonment under Chapter V of the Unified Code of
2Corrections.
3    In the event that any death sentence pursuant to the
4sentencing provisions of this Section is declared
5unconstitutional by the Supreme Court of the United States or
6of the State of Illinois, the court having jurisdiction over a
7person previously sentenced to death shall cause the defendant
8to be brought before the court, and the court shall sentence
9the defendant to a term of imprisonment under Chapter V of the
10Unified Code of Corrections.
11    (k) Guidelines for seeking the death penalty.
12    The Attorney General and State's Attorneys Association
13shall consult on voluntary guidelines for procedures governing
14whether or not to seek the death penalty. The guidelines do not
15have the force of law and are only advisory in nature.
16(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
17100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
187-1-21.)
 
19    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
20    Sec. 12-2. Aggravated assault.
21    (a) Offense based on location of conduct. A person commits
22aggravated assault when he or she commits an assault against
23an individual who is on or about a public way, public property,
24a public place of accommodation or amusement, or a sports
25venue, or in a church, synagogue, mosque, or other building,

 

 

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1structure, or place used for religious worship.
2    (b) Offense based on status of victim. A person commits
3aggravated assault when, in committing an assault, he or she
4knows the individual assaulted to be any of the following:
5        (1) A person with a physical disability or a person 60
6    years of age or older and the assault is without legal
7    justification.
8        (2) A teacher or school employee upon school grounds
9    or grounds adjacent to a school or in any part of a
10    building used for school purposes.
11        (3) A park district employee upon park grounds or
12    grounds adjacent to a park or in any part of a building
13    used for park purposes.
14        (4) A community policing volunteer, private security
15    officer, or utility worker:
16            (i) performing his or her official duties;
17            (ii) assaulted to prevent performance of his or
18        her official duties; or
19            (iii) assaulted in retaliation for performing his
20        or her official duties.
21        (4.1) A peace officer, fireman, emergency management
22    worker, or emergency medical services personnel:
23            (i) performing his or her official duties,
24        including, without limitation, traveling to or from
25        his or her place of duty;
26            (ii) assaulted to prevent performance of his or

 

 

SB2585- 17 -LRB103 32533 JDS 62107 b

1        her official duties; or
2            (iii) assaulted in retaliation for performing his
3        or her official duties.
4        (5) A correctional officer or probation officer:
5            (i) performing his or her official duties;
6            (ii) assaulted to prevent performance of his or
7        her official duties; or
8            (iii) assaulted in retaliation for performing his
9        or her official duties.
10        (6) A correctional institution employee, a county
11    juvenile detention center employee who provides direct and
12    continuous supervision of residents of a juvenile
13    detention center, including a county juvenile detention
14    center employee who supervises recreational activity for
15    residents of a juvenile detention center, or a Department
16    of Human Services employee, Department of Human Services
17    officer, or employee of a subcontractor of the Department
18    of Human Services supervising or controlling sexually
19    dangerous persons or sexually violent persons:
20            (i) performing his or her official duties;
21            (ii) assaulted to prevent performance of his or
22        her official duties; or
23            (iii) assaulted in retaliation for performing his
24        or her official duties.
25        (7) An employee of the State of Illinois, a municipal
26    corporation therein, or a political subdivision thereof,

 

 

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1    performing his or her official duties.
2        (8) A transit employee performing his or her official
3    duties, or a transit passenger.
4        (9) A sports official or coach actively participating
5    in any level of athletic competition within a sports
6    venue, on an indoor playing field or outdoor playing
7    field, or within the immediate vicinity of such a facility
8    or field.
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    (c) Offense based on use of firearm, device, or motor
15vehicle. A person commits aggravated assault when, in
16committing an assault, he or she does any of the following:
17        (1) Uses a deadly weapon, an air rifle as defined in
18    Section 24.8-0.1 of this Act, or any device manufactured
19    and designed to be substantially similar in appearance to
20    a firearm, other than by discharging a firearm.
21        (2) Discharges a firearm, other than from a motor
22    vehicle.
23        (3) Discharges a firearm from a motor vehicle.
24        (4) Wears a hood, robe, or mask to conceal his or her
25    identity.
26        (5) Knowingly and without lawful justification shines

 

 

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1    or flashes a laser gun sight or other laser device
2    attached to a firearm, or used in concert with a firearm,
3    so that the laser beam strikes near or in the immediate
4    vicinity of any person.
5        (6) Uses a firearm, other than by discharging the
6    firearm, against a peace officer, community policing
7    volunteer, fireman, private security officer, emergency
8    management worker, emergency medical services personnel,
9    employee of a police department, employee of a sheriff's
10    department, or traffic control municipal employee:
11            (i) performing his or her official duties,
12        including, without limitation, traveling to or from
13        his or her place of duty;
14            (ii) assaulted to prevent performance of his or
15        her official duties; or
16            (iii) assaulted in retaliation for performing his
17        or her official duties.
18        (7) Without justification operates a motor vehicle in
19    a manner which places a person, other than a person listed
20    in subdivision (b)(4), in reasonable apprehension of being
21    struck by the moving motor vehicle.
22        (8) Without justification operates a motor vehicle in
23    a manner which places a person listed in subdivision
24    (b)(4), in reasonable apprehension of being struck by the
25    moving motor vehicle.
26        (9) Knowingly video or audio records the offense with

 

 

SB2585- 20 -LRB103 32533 JDS 62107 b

1    the intent to disseminate the recording.
2    (d) Sentence. Aggravated assault as defined in subdivision
3(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
4(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
5that aggravated assault as defined in subdivision (b)(4) and
6(b)(7) is a Class 4 felony if a Category I, Category II, or
7Category III weapon is used in the commission of the assault.
8Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
9(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
104 felony. Aggravated assault as defined in subdivision (c)(3)
11or (c)(8) is a Class 3 felony.
12    (e) For the purposes of this Section, "Category I weapon",
13"Category II weapon", and "Category III weapon" have the
14meanings ascribed to those terms in Section 33A-1 of this
15Code.
16(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
17    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
18    Sec. 12-3.05. Aggravated battery.
19    (a) Offense based on injury. A person commits aggravated
20battery when, in committing a battery, other than by the
21discharge of a firearm, he or she knowingly does any of the
22following:
23        (1) Causes great bodily harm or permanent disability
24    or disfigurement.
25        (2) Causes severe and permanent disability, great

 

 

SB2585- 21 -LRB103 32533 JDS 62107 b

1    bodily harm, or disfigurement by means of a caustic or
2    flammable substance, a poisonous gas, a deadly biological
3    or chemical contaminant or agent, a radioactive substance,
4    or a bomb or explosive compound.
5        (3) Causes great bodily harm or permanent disability
6    or disfigurement to an individual whom the person knows to
7    be a peace officer, community policing volunteer, fireman,
8    private security officer, correctional institution
9    employee, or Department of Human Services employee
10    supervising or controlling sexually dangerous persons or
11    sexually violent persons:
12            (i) performing his or her official duties,
13        including, without limitation, traveling to or from
14        his or her place of duty;
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        (4) Causes great bodily harm or permanent disability
20    or disfigurement to an individual 60 years of age or
21    older.
22        (5) Strangles another individual.
23    (b) Offense based on injury to a child or person with an
24intellectual disability. A person who is at least 18 years of
25age commits aggravated battery when, in committing a battery,
26he or she knowingly and without legal justification by any

 

 

SB2585- 22 -LRB103 32533 JDS 62107 b

1means:
2        (1) causes great bodily harm or permanent disability
3    or disfigurement to any child under the age of 13 years, or
4    to any person with a severe or profound intellectual
5    disability; or
6        (2) causes bodily harm or disability or disfigurement
7    to any child under the age of 13 years or to any person
8    with a severe or profound intellectual disability.
9    (c) Offense based on location of conduct. A person commits
10aggravated battery when, in committing a battery, other than
11by the discharge of a firearm, he or she is or the person
12battered is on or about a public way, public property, a public
13place of accommodation or amusement, a sports venue, or a
14domestic violence shelter, or in a church, synagogue, mosque,
15or other building, structure, or place used for religious
16worship.
17    (d) Offense based on status of victim. A person commits
18aggravated battery when, in committing a battery, other than
19by discharge of a firearm, he or she knows the individual
20battered to be any of the following:
21        (1) A person 60 years of age or older.
22        (2) A person who is pregnant or has a physical
23    disability.
24        (3) A teacher or school employee upon school grounds
25    or grounds adjacent to a school or in any part of a
26    building used for school purposes.

 

 

SB2585- 23 -LRB103 32533 JDS 62107 b

1        (4) A peace officer, community policing volunteer,
2    fireman, private security officer, correctional
3    institution employee, or Department of Human Services
4    employee supervising or controlling sexually dangerous
5    persons or sexually violent persons:
6            (i) performing his or her official duties,
7        including, without limitation, traveling to or from
8        his or her place of duty;
9            (ii) battered to prevent performance of his or her
10        official duties; or
11            (iii) battered in retaliation for performing his
12        or her official duties.
13        (5) A judge, emergency management worker, emergency
14    medical services personnel, or utility worker:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (6) An officer or employee of the State of Illinois, a
21    unit of local government, or a school district, while
22    performing his or her official duties.
23        (7) A transit employee performing his or her official
24    duties, or a transit passenger.
25        (8) A taxi driver on duty.
26        (9) A merchant who detains the person for an alleged

 

 

SB2585- 24 -LRB103 32533 JDS 62107 b

1    commission of retail theft under Section 16-26 of this
2    Code and the person without legal justification by any
3    means causes bodily harm to the merchant.
4        (10) A person authorized to serve process under
5    Section 2-202 of the Code of Civil Procedure or a special
6    process server appointed by the circuit court while that
7    individual is in the performance of his or her duties as a
8    process server.
9        (11) A nurse while in the performance of his or her
10    duties as a nurse.
11        (12) A merchant: (i) while performing his or her
12    duties, including, but not limited to, relaying directions
13    for healthcare or safety from his or her supervisor or
14    employer or relaying health or safety guidelines,
15    recommendations, regulations, or rules from a federal,
16    State, or local public health agency; and (ii) during a
17    disaster declared by the Governor, or a state of emergency
18    declared by the mayor of the municipality in which the
19    merchant is located, due to a public health emergency and
20    for a period of 6 months after such declaration.
21    (e) Offense based on use of a firearm. A person commits
22aggravated battery when, in committing a battery, he or she
23knowingly does any of the following:
24        (1) Discharges a firearm, other than a machine gun or
25    a firearm equipped with a silencer, and causes any injury
26    to another person.

 

 

SB2585- 25 -LRB103 32533 JDS 62107 b

1        (2) Discharges a firearm, other than a machine gun or
2    a firearm equipped with a silencer, and causes any injury
3    to a person he or she knows to be a peace officer,
4    community policing volunteer, person summoned by a police
5    officer, fireman, private security officer, correctional
6    institution employee, or emergency management worker:
7            (i) performing his or her official duties,
8        including, without limitation, traveling to or from
9        his or her place of duty;
10            (ii) battered to prevent performance of his or her
11        official duties; or
12            (iii) battered in retaliation for performing his
13        or her official duties.
14        (3) Discharges a firearm, other than a machine gun or
15    a firearm equipped with a silencer, and causes any injury
16    to a person he or she knows to be emergency medical
17    services personnel:
18            (i) performing his or her official duties;
19            (ii) battered to prevent performance of his or her
20        official duties; or
21            (iii) battered in retaliation for performing his
22        or her official duties.
23        (4) Discharges a firearm and causes any injury to a
24    person he or she knows to be a teacher, a student in a
25    school, or a school employee, and the teacher, student, or
26    employee is upon school grounds or grounds adjacent to a

 

 

SB2585- 26 -LRB103 32533 JDS 62107 b

1    school or in any part of a building used for school
2    purposes.
3        (5) Discharges a machine gun or a firearm equipped
4    with a silencer, and causes any injury to another person.
5        (6) Discharges a machine gun or a firearm equipped
6    with a silencer, and causes any injury to a person he or
7    she knows to be a peace officer, community policing
8    volunteer, person summoned by a police officer, fireman,
9    private security officer, correctional institution
10    employee or emergency management worker:
11            (i) performing his or her official duties,
12        including, without limitation, traveling to or from
13        his or her place of duty;
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        (7) Discharges a machine gun or a firearm equipped
19    with a silencer, and causes any injury to a person he or
20    she knows to be emergency medical 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        (8) Discharges a machine gun or a firearm equipped

 

 

SB2585- 27 -LRB103 32533 JDS 62107 b

1    with a silencer, and causes any injury to a person he or
2    she knows to be a teacher, or a student in a school, or a
3    school employee, and the teacher, student, or employee is
4    upon school grounds or grounds adjacent to a school or in
5    any part of a building used for school purposes.
6    (f) Offense based on use of a weapon or device. A person
7commits aggravated battery when, in committing a battery, he
8or she does any of the following:
9        (1) Uses a deadly weapon other than by discharge of a
10    firearm, or uses an air rifle as defined in Section
11    24.8-0.1 of this Code.
12        (2) Wears a hood, robe, or mask to conceal his or her
13    identity.
14        (3) Knowingly and without lawful justification shines
15    or flashes a laser gunsight or other laser device attached
16    to a firearm, or used in concert with a firearm, so that
17    the laser beam strikes upon or against the person of
18    another.
19        (4) Knowingly video or audio records the offense with
20    the intent to disseminate the recording.
21    (g) Offense based on certain conduct. A person commits
22aggravated battery when, other than by discharge of a firearm,
23he or she does any of the following:
24        (1) Violates Section 401 of the Illinois Controlled
25    Substances Act by unlawfully delivering a controlled
26    substance to another and any user experiences great bodily

 

 

SB2585- 28 -LRB103 32533 JDS 62107 b

1    harm or permanent disability as a result of the injection,
2    inhalation, or ingestion of any amount of the controlled
3    substance.
4        (2) Knowingly administers to an individual or causes
5    him or her to take, without his or her consent or by threat
6    or deception, and for other than medical purposes, any
7    intoxicating, poisonous, stupefying, narcotic,
8    anesthetic, or controlled substance, or gives to another
9    person any food containing any substance or object
10    intended to cause physical injury if eaten.
11        (3) Knowingly causes or attempts to cause a
12    correctional institution employee or Department of Human
13    Services employee to come into contact with blood, seminal
14    fluid, urine, or feces by throwing, tossing, or expelling
15    the fluid or material, and the person is an inmate of a
16    penal institution or is a sexually dangerous person or
17    sexually violent person in the custody of the Department
18    of Human Services.
19    (h) Sentence. Unless otherwise provided, aggravated
20battery is a Class 3 felony.
21    Aggravated battery as defined in subdivision (a)(4),
22(d)(4), or (g)(3) is a Class 2 felony.
23    Aggravated battery as defined in subdivision (a)(3) or
24(g)(1) is a Class 1 felony.
25    Aggravated battery as defined in subdivision (a)(1) is a
26Class 1 felony when the aggravated battery was intentional and

 

 

SB2585- 29 -LRB103 32533 JDS 62107 b

1involved the infliction of torture, as defined in paragraph
2(14) of subsection (b) of Section 9-1 of this Code, as the
3infliction of or subjection to extreme physical pain,
4motivated by an intent to increase or prolong the pain,
5suffering, or agony of the victim.
6    Aggravated battery as defined in subdivision (a)(1) is a
7Class 2 felony when the person causes great bodily harm or
8permanent disability to an individual whom the person knows to
9be a member of a congregation engaged in prayer or other
10religious activities at a church, synagogue, mosque, or other
11building, structure, or place used for religious worship.
12    Aggravated battery under subdivision (a)(5) is a Class 1
13felony if:
14        (A) the person used or attempted to use a dangerous
15    instrument while committing the offense;
16        (B) the person caused great bodily harm or permanent
17    disability or disfigurement to the other person while
18    committing the offense; or
19        (C) the person has been previously convicted of a
20    violation of subdivision (a)(5) under the laws of this
21    State or laws similar to subdivision (a)(5) of any other
22    state.
23    Aggravated battery as defined in subdivision (e)(1) is a
24Class X felony.
25    Aggravated battery as defined in subdivision (a)(2) is a
26Class X felony for which a person shall be sentenced to a term

 

 

SB2585- 30 -LRB103 32533 JDS 62107 b

1of imprisonment of a minimum of 6 years and a maximum of 45
2years.
3    Aggravated battery as defined in subdivision (e)(5) is a
4Class X felony for which a person shall be sentenced to a term
5of imprisonment of a minimum of 12 years and a maximum of 45
6years.
7    Aggravated battery as defined in subdivision (e)(2),
8(e)(3), or (e)(4) is a Class X felony for which a person shall
9be sentenced to a term of imprisonment of a minimum of 15 years
10and a maximum of 60 years.
11    Aggravated battery as defined in subdivision (e)(6),
12(e)(7), or (e)(8) is a Class X felony for which a person shall
13be sentenced to a term of imprisonment of a minimum of 20 years
14and a maximum of 60 years.
15    Aggravated battery as defined in subdivision (b)(1) is a
16Class X felony, except that:
17        (1) if the person committed the offense while armed
18    with a firearm, 15 years shall be added to the term of
19    imprisonment imposed by the court;
20        (2) if, during the commission of the offense, the
21    person personally discharged a firearm, 20 years shall be
22    added to the term of imprisonment imposed by the court;
23        (3) if, during the commission of the offense, the
24    person personally discharged a firearm that proximately
25    caused great bodily harm, permanent disability, permanent
26    disfigurement, or death to another person, 25 years or up

 

 

SB2585- 31 -LRB103 32533 JDS 62107 b

1    to a term of natural life shall be added to the term of
2    imprisonment imposed by the court.
3    (i) Definitions. In this Section:
4    "Building or other structure used to provide shelter" has
5the meaning ascribed to "shelter" in Section 1 of the Domestic
6Violence Shelters Act.
7    "Domestic violence" has the meaning ascribed to it in
8Section 103 of the Illinois Domestic Violence Act of 1986.
9    "Domestic violence shelter" means any building or other
10structure used to provide shelter or other services to victims
11or to the dependent children of victims of domestic violence
12pursuant to the Illinois Domestic Violence Act of 1986 or the
13Domestic Violence Shelters Act, or any place within 500 feet
14of such a building or other structure in the case of a person
15who is going to or from such a building or other structure.
16    "Firearm" has the meaning provided under Section 1.1 of
17the Firearm Owners Identification Card Act, and does not
18include an air rifle as defined by Section 24.8-0.1 of this
19Code.
20    "Machine gun" has the meaning ascribed to it in Section
2124-1 of this Code.
22    "Merchant" has the meaning ascribed to it in Section
2316-0.1 of this Code.
24    "Strangle" means intentionally impeding the normal
25breathing or circulation of the blood of an individual by
26applying pressure on the throat or neck of that individual or

 

 

SB2585- 32 -LRB103 32533 JDS 62107 b

1by blocking the nose or mouth of that individual.
2(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
 
3    Section 10. The Unified Code of Corrections is amended by
4changing Section 5-8-1 as follows:
 
5    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
6    Sec. 5-8-1. Natural life imprisonment; enhancements for
7use of a firearm; mandatory supervised release terms.
8    (a) Except as otherwise provided in the statute defining
9the offense or in Article 4.5 of Chapter V, a sentence of
10imprisonment for a felony shall be a determinate sentence set
11by the court under this Section, subject to Section 5-4.5-115
12of this Code, according to the following limitations:
13        (1) for first degree murder,
14            (a) (blank),
15            (b) if a trier of fact finds beyond a reasonable
16        doubt that the murder was accompanied by exceptionally
17        brutal or heinous behavior indicative of wanton
18        cruelty or, except as set forth in subsection
19        (a)(1)(c) of this Section, that any of the aggravating
20        factors listed in subsection (b) or (b-5) of Section
21        9-1 of the Criminal Code of 1961 or the Criminal Code
22        of 2012 are present, the court may sentence the
23        defendant, subject to Section 5-4.5-105, to a term of
24        natural life imprisonment, or

 

 

SB2585- 33 -LRB103 32533 JDS 62107 b

1            (c) the court shall sentence the defendant to a
2        term of natural life imprisonment if the defendant, at
3        the time of the commission of the murder, had attained
4        the age of 18, and:
5                (i) has previously been convicted of first
6            degree murder under any state or federal law, or
7                (ii) is found guilty of murdering more than
8            one victim, or
9                (iii) is found guilty of murdering a peace
10            officer, fireman, or emergency management worker
11            when the peace officer, fireman, or emergency
12            management worker was killed in the course of
13            performing his or her official duties, including,
14            without limitation, traveling to or from his or
15            her place of duty, or to prevent the peace officer
16            or fireman from performing his official duties, or
17            in retaliation for the peace officer, fireman, or
18            emergency management worker from performing his
19            official duties, and the defendant knew or should
20            have known that the murdered individual was a
21            peace officer, fireman, or emergency management
22            worker, or
23                (iv) is found guilty of murdering an employee
24            of an institution or facility of the Department of
25            Corrections, or any similar local correctional
26            agency, when the employee was killed in the course

 

 

SB2585- 34 -LRB103 32533 JDS 62107 b

1            of performing his official duties, or to prevent
2            the employee from performing his official duties,
3            or in retaliation for the employee performing his
4            official duties, or
5                (v) is found guilty of murdering an emergency
6            medical technician - ambulance, emergency medical
7            technician - intermediate, emergency medical
8            technician - paramedic, ambulance driver or other
9            medical assistance or first aid person while
10            employed by a municipality or other governmental
11            unit when the person was killed in the course of
12            performing official duties or to prevent the
13            person from performing official duties or in
14            retaliation for performing official duties and the
15            defendant knew or should have known that the
16            murdered individual was an emergency medical
17            technician - ambulance, emergency medical
18            technician - intermediate, emergency medical
19            technician - paramedic, ambulance driver, or other
20            medical assistant or first aid personnel, or
21                (vi) (blank), or
22                (vii) is found guilty of first degree murder
23            and the murder was committed by reason of any
24            person's activity as a community policing
25            volunteer or to prevent any person from engaging
26            in activity as a community policing volunteer. For

 

 

SB2585- 35 -LRB103 32533 JDS 62107 b

1            the purpose of this Section, "community policing
2            volunteer" has the meaning ascribed to it in
3            Section 2-3.5 of the Criminal Code of 2012.
4            For purposes of clause (v), "emergency medical
5        technician - ambulance", "emergency medical technician -
6         intermediate", "emergency medical technician -
7        paramedic", have the meanings ascribed to them in the
8        Emergency Medical Services (EMS) Systems Act.
9            (d)(i) if the person committed the offense while
10            armed with a firearm, 15 years shall be added to
11            the term of imprisonment imposed by the court;
12            (ii) if, during the commission of the offense, the
13        person personally discharged a firearm, 20 years shall
14        be added to the term of imprisonment imposed by the
15        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 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

 

 

SB2585- 36 -LRB103 32533 JDS 62107 b

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,
13the parole or mandatory supervised release term shall be
14written as part of the sentencing order and shall be as
15follows:
16        (1) for first degree murder or for the offenses of
17    predatory criminal sexual assault of a child, aggravated
18    criminal sexual assault, and criminal sexual assault if
19    committed on or before December 12, 2005, 3 years;
20        (1.5) except as provided in paragraph (7) of this
21    subsection (d), for a Class X felony except for the
22    offenses of predatory criminal sexual assault of a child,
23    aggravated criminal sexual assault, and criminal sexual
24    assault if committed on or after December 13, 2005 (the
25    effective date of Public Act 94-715) and except for the
26    offense of aggravated child pornography under Section

 

 

SB2585- 37 -LRB103 32533 JDS 62107 b

1    11-20.1B, 11-20.3, or 11-20.1 with sentencing under
2    subsection (c-5) of Section 11-20.1 of the Criminal Code
3    of 1961 or the Criminal Code of 2012, if committed on or
4    after January 1, 2009, 18 months;
5        (2) except as provided in paragraph (7) of this
6    subsection (d), for a Class 1 felony or a Class 2 felony
7    except for the offense of criminal sexual assault if
8    committed on or after December 13, 2005 (the effective
9    date of Public Act 94-715) and except for the offenses of
10    manufacture and dissemination of child pornography under
11    clauses (a)(1) and (a)(2) of Section 11-20.1 of the
12    Criminal Code of 1961 or the Criminal Code of 2012, if
13    committed on or after January 1, 2009, 12 months;
14        (3) except as provided in paragraph (4), (6), or (7)
15    of this subsection (d), for a Class 3 felony or a Class 4
16    felony, 6 months; no later than 45 days after the onset of
17    the term of mandatory supervised release, the Prisoner
18    Review Board shall conduct a discretionary discharge
19    review pursuant to the provisions of Section 3-3-8, which
20    shall include the results of a standardized risk and needs
21    assessment tool administered by the Department of
22    Corrections; the changes to this paragraph (3) made by
23    this amendatory Act of the 102nd General Assembly apply to
24    all individuals released on mandatory supervised release
25    on or after the effective date of this amendatory Act of
26    the 102nd General Assembly, including those individuals

 

 

SB2585- 38 -LRB103 32533 JDS 62107 b

1    whose sentences were imposed prior to the effective date
2    of this amendatory Act of the 102nd General Assembly;
3        (4) for defendants who commit the offense of predatory
4    criminal sexual assault of a child, aggravated criminal
5    sexual assault, or criminal sexual assault, on or after
6    December 13, 2005 (the effective date of Public Act
7    94-715), or who commit the offense of aggravated child
8    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
9    with sentencing under subsection (c-5) of Section 11-20.1
10    of the Criminal Code of 1961 or the Criminal Code of 2012,
11    manufacture of child pornography, or dissemination of
12    child pornography after January 1, 2009, the term of
13    mandatory supervised release shall range from a minimum of
14    3 years to a maximum of the natural life of the defendant;
15        (5) if the victim is under 18 years of age, for a
16    second or subsequent offense of aggravated criminal sexual
17    abuse or felony criminal sexual abuse, 4 years, at least
18    the first 2 years of which the defendant shall serve in an
19    electronic monitoring or home detention program under
20    Article 8A of Chapter V of this Code;
21        (6) for a felony domestic battery, aggravated domestic
22    battery, stalking, aggravated stalking, and a felony
23    violation of an order of protection, 4 years;
24        (7) for any felony described in paragraph (a)(2)(ii),
25    (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
26    (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section

 

 

SB2585- 39 -LRB103 32533 JDS 62107 b

1    3-6-3 of the Unified Code of Corrections requiring an
2    inmate to serve a minimum of 85% of their court-imposed
3    sentence, except for the offenses of predatory criminal
4    sexual assault of a child, aggravated criminal sexual
5    assault, and criminal sexual assault if committed on or
6    after December 13, 2005 (the effective date of Public Act
7    94-715) and except for the offense of aggravated child
8    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
9    with sentencing under subsection (c-5) of Section 11-20.1
10    of the Criminal Code of 1961 or the Criminal Code of 2012,
11    if committed on or after January 1, 2009 and except as
12    provided in paragraph (4) or paragraph (6) of this
13    subsection (d), the term of mandatory supervised release
14    shall be as follows:
15            (A) Class X felony, 3 years;
16            (B) Class 1 or Class 2 felonies, 2 years;
17            (C) Class 3 or Class 4 felonies, 1 year.
18    (e) (Blank).
19    (f) (Blank).
20    (g) Notwithstanding any other provisions of this Act and
21of Public Act 101-652: (i) the provisions of paragraph (3) of
22subsection (d) are effective on July 1, 2022 and shall apply to
23all individuals convicted on or after the effective date of
24paragraph (3) of subsection (d); and (ii) the provisions of
25paragraphs (1.5) and (2) of subsection (d) are effective on
26July 1, 2021 and shall apply to all individuals convicted on or

 

 

SB2585- 40 -LRB103 32533 JDS 62107 b

1after the effective date of paragraphs (1.5) and (2) of
2subsection (d).
3(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
4102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
51-7-22; 102-1104, eff. 12-6-22.)