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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 Unified Code of Corrections is amended by | ||||||||||||||||||||||||||
5 | changing Section 5-8-1 and by adding Section 5-8-1.4 as | ||||||||||||||||||||||||||
6 | follows:
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7 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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8 | Sec. 5-8-1. Sentence of Imprisonment for Felony.
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9 | (a) Except as otherwise provided in the statute defining | ||||||||||||||||||||||||||
10 | the offense and except as otherwise provided in Section | ||||||||||||||||||||||||||
11 | 5-8-1.4 , a
sentence of imprisonment for a felony shall be a | ||||||||||||||||||||||||||
12 | determinate sentence set by
the court under this Section, | ||||||||||||||||||||||||||
13 | according to the following limitations:
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14 | (1) for first degree murder,
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15 | (a) a term shall be not less than 20 years
and not | ||||||||||||||||||||||||||
16 | more than 60 years, or
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17 | (b) if a trier of fact finds beyond a reasonable
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18 | doubt that the murder was accompanied by exceptionally
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19 | brutal or heinous behavior indicative of wanton | ||||||||||||||||||||||||||
20 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||||||||||||||||||||||
21 | of this Section, that any of the aggravating factors
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22 | listed in subsection (b) of Section 9-1 of the Criminal | ||||||||||||||||||||||||||
23 | Code of 1961 are
present, the court may sentence the |
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1 | defendant to a term of natural life
imprisonment, or
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2 | (c) the court shall sentence the defendant to a | ||||||
3 | term of natural life
imprisonment when the death | ||||||
4 | penalty is not imposed if the defendant,
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5 | (i) has previously been convicted of first | ||||||
6 | degree murder under
any state or federal law, or
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7 | (ii) is a person who, at the time of the | ||||||
8 | commission of the murder,
had attained the age of | ||||||
9 | 17 or more and is found guilty of murdering an
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10 | individual under 12 years of age; or, irrespective | ||||||
11 | of the defendant's age at
the time of the | ||||||
12 | commission of the offense, is found guilty of | ||||||
13 | murdering more
than one victim, or
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14 | (iii) is found guilty of murdering a peace | ||||||
15 | officer, fireman, or emergency management worker | ||||||
16 | when
the peace officer, fireman, or emergency | ||||||
17 | management worker was killed in the course of | ||||||
18 | performing his
official duties, or to prevent the | ||||||
19 | peace officer or fireman from
performing his | ||||||
20 | official duties, or in retaliation for the peace | ||||||
21 | officer,
fireman, or emergency management worker | ||||||
22 | from performing his official duties, and the | ||||||
23 | defendant knew or should
have known that the | ||||||
24 | murdered individual was a peace officer, fireman, | ||||||
25 | or emergency management worker, or
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26 | (iv) is found guilty of murdering an employee |
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1 | of an institution or
facility of the Department of | ||||||
2 | Corrections, or any similar local
correctional | ||||||
3 | agency, when the employee was killed in the course | ||||||
4 | of
performing his official duties, or to prevent | ||||||
5 | the employee from performing
his official duties, | ||||||
6 | or in retaliation for the employee performing his
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7 | official duties, or
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8 | (v) is found guilty of murdering an emergency | ||||||
9 | medical
technician - ambulance, emergency medical | ||||||
10 | technician - intermediate, emergency
medical | ||||||
11 | technician - paramedic, ambulance driver or other | ||||||
12 | medical assistance or
first aid person while | ||||||
13 | employed by a municipality or other governmental | ||||||
14 | unit
when the person was killed in the course of | ||||||
15 | performing official duties or
to prevent the | ||||||
16 | person from performing official duties or in | ||||||
17 | retaliation
for performing official duties and the | ||||||
18 | defendant knew or should have known
that the | ||||||
19 | murdered individual was an emergency medical | ||||||
20 | technician - ambulance,
emergency medical | ||||||
21 | technician - intermediate, emergency medical
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22 | technician - paramedic, ambulance driver, or other | ||||||
23 | medical
assistant or first aid personnel, or
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24 | (vi) is a person who, at the time of the | ||||||
25 | commission of the murder,
had not attained the age | ||||||
26 | of 17, and is found guilty of murdering a person |
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1 | under
12 years of age and the murder is committed | ||||||
2 | during the course of aggravated
criminal sexual | ||||||
3 | assault, criminal sexual assault, or aggravated | ||||||
4 | kidnaping,
or
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5 | (vii) is found guilty of first degree murder | ||||||
6 | and the murder was
committed by reason of any | ||||||
7 | person's activity as a community policing | ||||||
8 | volunteer
or to prevent any person from engaging in | ||||||
9 | activity as a community policing
volunteer. For | ||||||
10 | the purpose of this Section, "community policing | ||||||
11 | volunteer"
has the meaning ascribed to it in | ||||||
12 | Section 2-3.5 of the Criminal Code of 1961.
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13 | For purposes of clause (v), "emergency medical | ||||||
14 | technician - ambulance",
"emergency medical technician - | ||||||
15 | intermediate", "emergency medical technician -
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16 | paramedic", have the meanings ascribed to them in the | ||||||
17 | Emergency Medical
Services (EMS) Systems Act.
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18 | (d) (i) if the person committed the offense while | ||||||
19 | armed with a
firearm, 15 years shall be added to | ||||||
20 | the term of imprisonment imposed by the
court;
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21 | (ii) if, during the commission of the offense, | ||||||
22 | the person
personally discharged a firearm, 20 | ||||||
23 | years shall be added to the term of
imprisonment | ||||||
24 | imposed by the court;
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25 | (iii) if, during the commission of the | ||||||
26 | offense, the person
personally discharged a |
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1 | firearm that proximately caused great bodily harm,
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2 | permanent disability, permanent disfigurement, or | ||||||
3 | death to another person, 25
years or up to a term | ||||||
4 | of natural life shall be added to the term of
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5 | imprisonment imposed by the court.
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6 | (1.5) for second degree murder, a term shall be not | ||||||
7 | less than 4 years
and not more than 20 years;
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8 | (2) for a person adjudged a habitual criminal under | ||||||
9 | Article 33B of
the Criminal Code of 1961, as amended, the | ||||||
10 | sentence shall be a term of
natural life imprisonment;
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11 | (2.5) for a person convicted under the circumstances | ||||||
12 | described in
paragraph (3) of subsection (b) of Section | ||||||
13 | 12-13, paragraph (2) of subsection
(d) of Section 12-14, | ||||||
14 | paragraph (1.2) of subsection (b) of
Section 12-14.1, or | ||||||
15 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
16 | Criminal Code of 1961, the sentence shall be a term of | ||||||
17 | natural life
imprisonment;
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18 | (3) except as otherwise provided in the statute | ||||||
19 | defining the
offense, for a Class X felony, the sentence | ||||||
20 | shall be not less than 6
years and not more than 30 years;
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21 | (4) for a Class 1 felony, other than second degree | ||||||
22 | murder, the sentence
shall be not less than 4 years and not | ||||||
23 | more than 15 years;
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24 | (5) for a Class 2 felony, the sentence shall be not | ||||||
25 | less than 3
years and not more than 7 years;
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26 | (6) for a Class 3 felony, the sentence shall be not |
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1 | less than 2
years and not more than 5 years;
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2 | (7) for a Class 4 felony, the sentence shall be not | ||||||
3 | less than 1 year
and not more than 3 years.
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4 | (b) The sentencing judge in each felony conviction shall | ||||||
5 | set forth
his reasons for imposing the particular sentence he | ||||||
6 | enters in the case,
as provided in Section 5-4-1 of this Code. | ||||||
7 | Those reasons may include
any mitigating or aggravating factors | ||||||
8 | specified in this Code, or the
lack of any such circumstances, | ||||||
9 | as well as any other such factors as the
judge shall set forth | ||||||
10 | on the record that are consistent with the
purposes and | ||||||
11 | principles of sentencing set out in this Code.
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12 | (c) A motion to reduce a sentence may be made, or the court | ||||||
13 | may reduce
a sentence without motion, within 30 days after the | ||||||
14 | sentence is imposed.
A defendant's challenge to the correctness | ||||||
15 | of a sentence or to any aspect of
the sentencing hearing shall | ||||||
16 | be made by a written motion filed within 30 days
following the | ||||||
17 | imposition of sentence. However, the court may not increase a
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18 | sentence once it is imposed.
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19 | If a motion filed pursuant to this subsection is timely | ||||||
20 | filed within 30 days
after the sentence is imposed, the | ||||||
21 | proponent of the motion shall exercise due
diligence in seeking | ||||||
22 | a determination on the motion and the court shall
thereafter | ||||||
23 | decide such motion within a reasonable time.
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24 | If a motion filed pursuant to this subsection is timely | ||||||
25 | filed within 30 days
after the sentence is imposed, then for | ||||||
26 | purposes of perfecting an appeal, a
final judgment shall not be |
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1 | considered to have been entered until the motion to
reduce a | ||||||
2 | sentence has been decided by order entered by the trial court.
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3 | A motion filed pursuant to this subsection shall not be | ||||||
4 | considered to have
been timely
filed unless it is filed with | ||||||
5 | the circuit court clerk within 30 days after
the sentence is | ||||||
6 | imposed together with a notice of motion, which notice of
| ||||||
7 | motion shall set the motion on the court's calendar on a date | ||||||
8 | certain within
a reasonable time after the date of filing.
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9 | (d) Except where a term of natural life is imposed, every | ||||||
10 | sentence
shall include as though written therein a term in | ||||||
11 | addition to the term
of imprisonment. For those sentenced under | ||||||
12 | the law in effect prior to
February 1, 1978, such term shall be | ||||||
13 | identified as a parole
term. For those sentenced on or after | ||||||
14 | February 1, 1978, such term
shall be identified as a mandatory | ||||||
15 | supervised release term. Subject to
earlier termination under | ||||||
16 | Section 3-3-8, the parole or mandatory
supervised release term | ||||||
17 | shall be as follows:
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18 | (1) for first degree murder or a Class X felony except | ||||||
19 | for the offenses of predatory criminal sexual assault of a | ||||||
20 | child, aggravated criminal sexual assault, and criminal | ||||||
21 | sexual assault if committed on or after the effective date | ||||||
22 | of this amendatory Act of the 94th General Assembly, 3 | ||||||
23 | years;
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24 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
25 | the offense of criminal sexual assault if committed on or | ||||||
26 | after the effective date of this amendatory Act of the 94th |
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1 | General Assembly, 2 years;
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2 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
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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 the | ||||||
6 | effective date of this amendatory Act of the 94th General | ||||||
7 | Assembly, the term of mandatory supervised release shall | ||||||
8 | range from a minimum of 3 years to a maximum of the natural | ||||||
9 | life of the defendant;
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10 | (5) if the victim is under 18 years of age, for a | ||||||
11 | second or subsequent
offense of aggravated criminal sexual | ||||||
12 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
13 | the first 2 years of which the defendant shall serve in an
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14 | electronic home detention program under Article 8A of | ||||||
15 | Chapter V of this Code.
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16 | (e) A defendant who has a previous and unexpired sentence | ||||||
17 | of
imprisonment imposed by another state or by any district | ||||||
18 | court of the
United States and who, after sentence for a
crime | ||||||
19 | in Illinois, must return to serve the unexpired prior sentence | ||||||
20 | may
have his sentence by the Illinois court ordered to be | ||||||
21 | concurrent with
the prior sentence in the other state. The | ||||||
22 | court may order that any time
served on the unexpired portion | ||||||
23 | of the sentence in the other state,
prior to his return to | ||||||
24 | Illinois, shall be credited on his Illinois
sentence. The other | ||||||
25 | state shall be furnished with a copy of the order
imposing | ||||||
26 | sentence which shall provide that, when the offender is
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1 | released from confinement of the other state, whether by parole | ||||||
2 | or by
termination of sentence, the offender shall be | ||||||
3 | transferred by the
Sheriff of the committing county to the | ||||||
4 | Illinois Department of
Corrections. The court shall cause the | ||||||
5 | Department of Corrections to be
notified of such sentence at | ||||||
6 | the time of commitment and to be provided
with copies of all | ||||||
7 | records regarding the sentence.
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8 | (f) A defendant who has a previous and unexpired sentence | ||||||
9 | of imprisonment
imposed by an Illinois circuit court for a | ||||||
10 | crime in this State and who is
subsequently sentenced to a term | ||||||
11 | of imprisonment by another state or by
any district court of | ||||||
12 | the United States and who has served a term of
imprisonment | ||||||
13 | imposed by the other state or district court of the United
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14 | States, and must return to serve the unexpired prior sentence | ||||||
15 | imposed by
the Illinois Circuit Court may apply to the court | ||||||
16 | which imposed sentence to
have his sentence reduced.
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17 | The circuit court may order that any time served on the | ||||||
18 | sentence imposed
by the other state or district court of the | ||||||
19 | United States be credited on
his Illinois sentence. Such | ||||||
20 | application for reduction of a sentence under
this subsection | ||||||
21 | (f) shall be made within 30 days after the defendant has
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22 | completed the sentence imposed by the other state or district | ||||||
23 | court of the
United States.
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24 | (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | ||||||
25 | 94-715, eff. 12-13-05.)
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1 | (730 ILCS 5/5-8-1.4 new) | ||||||
2 | Sec. 5-8-1.4. Elderly sentence adjustment; pilot program. | ||||||
3 | (a) A committed person as defined in subsection (c) of | ||||||
4 | Section 3-1-2 of this Code who is at least 50 years of age and | ||||||
5 | who has served at least 25 consecutive years of imprisonment in | ||||||
6 | a Department of Corrections institution or facility and is | ||||||
7 | serving a sentence other than death may petition the circuit | ||||||
8 | court for an elderly sentence adjustment as provided in this | ||||||
9 | Section. If the committed person files such a petition, the | ||||||
10 | families of the victims of the committed person's offenses | ||||||
11 | shall be notified in a timely manner after the filing of the | ||||||
12 | petition. | ||||||
13 | (b) The circuit court may grant the petitioner an elderly | ||||||
14 | sentence adjustment if the petitioner documents and | ||||||
15 | demonstrates to the court the following: | ||||||
16 | (1) successful participation by the committed person | ||||||
17 | in programs designed to restore the committed person as a | ||||||
18 | useful and productive person in the community upon release | ||||||
19 | and if such programs are not available that the committed | ||||||
20 | person has attempted to participate in such programs; | ||||||
21 | (2) genuine reform and changed behavior by the | ||||||
22 | committed person over a period of years; | ||||||
23 | (3) the committed person's remorse for actions that | ||||||
24 | have caused pain and suffering to victims of his or her | ||||||
25 | offenses; | ||||||
26 | (4) the committed person's ability to socialize with |
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1 | others in an acceptable manner; | ||||||
2 | (5) the committed person's renunciation of criminal | ||||||
3 | activity and gang affiliation if the committed person was a | ||||||
4 | member of a gang. | ||||||
5 | (c) The petition shall contain: | ||||||
6 | (1) documentation of the committed person's relevant | ||||||
7 | medical history, including current medical prognosis; | ||||||
8 | (2) the committed person's prison and criminal | ||||||
9 | history. The criminal history shall include any claims of | ||||||
10 | innocence and the degree of the committed person's | ||||||
11 | responsibility for his or her convictions and if such | ||||||
12 | claims of responsibility have impacted the committed | ||||||
13 | person's feeling of remorse. | ||||||
14 | (d) The court shall consider the petition in its entirety | ||||||
15 | and may not order the release of the committed person if the | ||||||
16 | court finds that the committed person poses a threat to public | ||||||
17 | safety. If the court determines that a committed person is | ||||||
18 | eligible for a sentence adjustment under this Section and | ||||||
19 | determines that the committed person should receive a sentence | ||||||
20 | adjustment, the court shall set the conditions for the | ||||||
21 | committed person's release from prison before the expiration of | ||||||
22 | the committed person's sentence imposed by the sentencing | ||||||
23 | court. | ||||||
24 | (e)(1) The Department of Corrections shall develop a pilot | ||||||
25 | program patterned after the Impact of Crime on Victims Class | ||||||
26 | (ICVC), including the Restorative Justice segment, used by the |
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1 | Missouri Department of Corrections. This pilot program shall be | ||||||
2 | implemented in one maximum security prison for women and one | ||||||
3 | maximum security prison for men. The ICVC shall be made | ||||||
4 | available to prisoners eligible for elderly sentence | ||||||
5 | adjustment on a voluntary basis. | ||||||
6 | (2) The Department of Corrections shall promulgate rules | ||||||
7 | and regulations for operation of the pilot program established | ||||||
8 | pursuant to this subsection (e). | ||||||
9 | (3) Any proposed program or strategy created under this | ||||||
10 | subsection (e) shall be developed after identification of a | ||||||
11 | need in the community for such programs, through consultation | ||||||
12 | with representatives of the general public, judiciary, law | ||||||
13 | enforcement, and defense and prosecution bar. | ||||||
14 | (4) The Department of Corrections may staff programs | ||||||
15 | created under this subsection (e) with employees of the | ||||||
16 | Department or may contract with other public or private | ||||||
17 | agencies for delivery of services as otherwise provided by law. | ||||||
18 | (5) The pilot program shall include wrap-around victim | ||||||
19 | services to ensure the safety of victims upon the release of a | ||||||
20 | committed person under an elderly sentence adjustment program.
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