Rep. Arthur L. Turner
Filed: 6/27/2007
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1 | AMENDMENT TO SENATE BILL 1023
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2 | AMENDMENT NO. ______. Amend Senate Bill 1023 on page 1, by | ||||||
3 | inserting immediately below line 3 the following:
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4 | "Section 2. The Illinois Criminal Justice Information Act | ||||||
5 | is amended by adding Section 7.6 as follows: | ||||||
6 | (20 ILCS 3930/7.6 new) | ||||||
7 | Sec. 7.6. Capital Crimes Database. | ||||||
8 | (a) Subject to appropriation, a Capital Crimes Database | ||||||
9 | shall be created within the Illinois Criminal Justice | ||||||
10 | Information Authority (ICJIA). | ||||||
11 | (b) The ICJIA shall collect and retain in the Capital | ||||||
12 | Crimes Database all information on the prosecution, pendency, | ||||||
13 | and disposition of capital and capital eligible cases in | ||||||
14 | Illinois. The Capital Crimes Database shall serve as a | ||||||
15 | repository for all of the foregoing collected information. | ||||||
16 | (c) The ICJIA shall develop administrative rules to provide |
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1 | for the coordination and collection of information in the | ||||||
2 | Capital Crimes Database.
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3 | (d) Agencies required to provide information on capital | ||||||
4 | cases to the ICJIA, as the ICJIA may request, for the Capital | ||||||
5 | Crimes Database shall include, but not be limited to: | ||||||
6 | (1) Office of the Attorney General.
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7 | (2) Illinois Department of Corrections. | ||||||
8 | (3) Illinois State Police. | ||||||
9 | (4) All county State's Attorneys. | ||||||
10 | (5) All county public defenders. | ||||||
11 | (6) Office of the State's Attorneys Appellate | ||||||
12 | Prosecutor. | ||||||
13 | (7) Office of the State Appellate Defender.
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14 | (e) Agencies requested to provide information on capital | ||||||
15 | cases to the ICJIA for the Capital Crimes Database shall | ||||||
16 | include, but not be limited to: | ||||||
17 | (1) Administrative Office of Illinois Courts. | ||||||
18 | (2) All county circuit court clerks. | ||||||
19 | (f) The ICJIA shall develop procedures and protocols for | ||||||
20 | the submission of information relating to capital and capital | ||||||
21 | eligible cases to the Database in conjunction with the agencies | ||||||
22 | submitting information.
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23 | Section 3. The Illinois Police Training Act is amended by | ||||||
24 | changing Section 10.3 as follows:
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1 | (50 ILCS 705/10.3)
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2 | Sec. 10.3. Training of police officers to conduct | ||||||
3 | electronic
interrogations. | ||||||
4 | (a)
From appropriations made to it for that purpose, the | ||||||
5 | Board shall initiate,
administer, and conduct training | ||||||
6 | programs for permanent police officers,
part-time police | ||||||
7 | officers, and recruits on the methods and technical aspects of
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8 | conducting electronic recordings of interrogations. | ||||||
9 | (b) Subject to appropriation, the Board shall develop | ||||||
10 | technical guidelines for the mandated recording of custodial | ||||||
11 | interrogations in all homicide investigations by law | ||||||
12 | enforcement agencies. These guidelines shall be developed in | ||||||
13 | conjunction with law enforcement agencies and technology | ||||||
14 | accreditation groups to provide guidance for law enforcement | ||||||
15 | agencies in implementing the mandated recording of custodial | ||||||
16 | interrogations in all homicide investigations.
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17 | (Source: P.A. 93-206, eff. 7-18-03; 93-517, eff. 8-6-03.)
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18 | Section 4. The Criminal Code of 1961 is amended by changing | ||||||
19 | Sections 33A-2 and 33A-3 as follows:
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20 | (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
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21 | Sec. 33A-2. Armed violence-Elements of the offense.
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22 | (a) A person commits armed violence when, while armed with
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23 | a dangerous weapon, he commits any felony defined by
Illinois | ||||||
24 | Law, except first degree murder, attempted first degree murder,
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1 | intentional
homicide of an unborn child, second degree murder, | ||||||
2 | involuntary manslaughter, reckless homicide, predatory | ||||||
3 | criminal sexual assault of a child,
aggravated criminal sexual | ||||||
4 | assault, aggravated kidnaping, aggravated battery of
a child, | ||||||
5 | home invasion, or any offense that makes the possession or use | ||||||
6 | of a dangerous weapon either an element of the base offense, an | ||||||
7 | aggravated or enhanced version of the offense, or a mandatory | ||||||
8 | sentencing factor that increases the sentencing range
armed | ||||||
9 | robbery, or aggravated vehicular hijacking .
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10 | (b) A person commits armed violence when he or she | ||||||
11 | personally discharges a
firearm that is a Category I or | ||||||
12 | Category II weapon while committing any felony
defined by
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13 | Illinois law, except first degree murder, attempted first | ||||||
14 | degree murder,
intentional homicide of an unborn child, second | ||||||
15 | degree murder, involuntary manslaughter, reckless homicide,
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16 | predatory criminal sexual assault of a
child, aggravated | ||||||
17 | criminal sexual assault, aggravated kidnaping, aggravated
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18 | battery of a child, home invasion, or any offense that makes | ||||||
19 | the possession or use of a dangerous weapon either an element | ||||||
20 | of the base offense, an aggravated or enhanced version of the | ||||||
21 | offense, or a mandatory sentencing factor that increases the | ||||||
22 | sentencing range
armed robbery, or aggravated vehicular
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23 | hijacking .
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24 | (c) A person commits armed violence when he or she | ||||||
25 | personally discharges a
firearm that is a Category I or | ||||||
26 | Category II weapon that proximately causes
great bodily harm,
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1 | permanent disability, or permanent disfigurement or death to | ||||||
2 | another person
while committing any felony defined by Illinois | ||||||
3 | law, except first degree
murder, attempted first degree murder, | ||||||
4 | intentional homicide of an unborn child,
second degree murder, | ||||||
5 | involuntary manslaughter, reckless homicide, predatory | ||||||
6 | criminal sexual assault of a child, aggravated criminal sexual
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7 | assault, aggravated kidnaping, aggravated battery of a child, | ||||||
8 | home invasion,
or any offense that makes the possession or use | ||||||
9 | of a dangerous weapon either an element of the base offense, an | ||||||
10 | aggravated or enhanced version of the offense, or a mandatory | ||||||
11 | sentencing factor that increases the sentencing range
armed | ||||||
12 | robbery, or aggravated vehicular hijacking .
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13 | (d) This Section does not apply to violations of the Fish | ||||||
14 | and Aquatic Life
Code or the Wildlife Code.
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15 | (Source: P.A. 91-404, eff. 1-1-00.)
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16 | (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
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17 | Sec. 33A-3. Sentence.
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18 | (a) Violation of Section 33A-2(a) with a
Category I weapon | ||||||
19 | is a Class X felony for which the defendant shall be
sentenced | ||||||
20 | to a minimum term of imprisonment of 15 years.
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21 | (a-5) Violation of Section 33A-2(a) with a Category II | ||||||
22 | weapon
is a Class X
felony for which the defendant shall be | ||||||
23 | sentenced to a minimum term of
imprisonment of 10 years.
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24 | (b) Violation of Section 33A-2(a)
with a Category III | ||||||
25 | weapon is a Class 2 felony or the felony
classification |
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1 | provided for the same act while unarmed, whichever
permits the | ||||||
2 | greater penalty. A second or subsequent violation of
Section | ||||||
3 | 33A-2(a) with a Category III weapon is a Class 1 felony
or the | ||||||
4 | felony classification provided for the same act while unarmed, | ||||||
5 | whichever
permits the greater penalty.
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6 | (b-5) Violation of Section 33A-2(b) with a firearm that is | ||||||
7 | a Category I or
Category II
weapon is a Class X felony for | ||||||
8 | which the defendant shall be sentenced to a
minimum term of | ||||||
9 | imprisonment of 20 years.
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10 | (b-10) Violation of Section 33A-2(c) with a firearm that is | ||||||
11 | a Category I or
Category II
weapon is a Class X felony for | ||||||
12 | which the defendant shall be sentenced to a
term of | ||||||
13 | imprisonment of not less than 25 years nor more than 40 years.
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14 | (c) Unless sentencing under Section 33B-1 is applicable, | ||||||
15 | any person who
violates subsection (a) or (b) of Section 33A-2 | ||||||
16 | with a
firearm, when that person has been convicted in any | ||||||
17 | state or federal court
of 3 or more of the following offenses: | ||||||
18 | treason, first degree murder, second
degree murder, predatory | ||||||
19 | criminal sexual assault of a child, aggravated
criminal sexual | ||||||
20 | assault, criminal sexual assault,
robbery, burglary, arson, | ||||||
21 | kidnaping, aggravated battery resulting in great
bodily harm or | ||||||
22 | permanent disability or disfigurement, a violation of the | ||||||
23 | Methamphetamine Control and Community Protection Act, or a | ||||||
24 | violation of Section
401(a) of the Illinois Controlled | ||||||
25 | Substances Act,
when the third offense was committed after | ||||||
26 | conviction on the second, the second
offense was committed |
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1 | after conviction on the first, and the violation of
Section | ||||||
2 | 33A-2 was committed after conviction on the third, shall be | ||||||
3 | sentenced
to a term of imprisonment of not less than 25 years | ||||||
4 | nor more than 50
years.
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5 | (c-5) Except as otherwise provided in paragraph (b-10) or | ||||||
6 | (c) of this
Section, a person who violates Section 33A-2(a) | ||||||
7 | with a firearm that is a
Category I weapon or
Section 33A-2(b) | ||||||
8 | in any school, in any conveyance owned, leased, or contracted
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9 | by a school to transport students to or from school or a school | ||||||
10 | related
activity, or on the real property comprising any school | ||||||
11 | or public park, and
where
the offense was related to the | ||||||
12 | activities of an organized gang, shall be
sentenced to a term | ||||||
13 | of imprisonment of not less than the term set forth in
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14 | subsection (a) or (b-5) of this Section, whichever is | ||||||
15 | applicable, and not more
than 30 years. For the purposes of | ||||||
16 | this subsection (c-5), "organized gang" has
the meaning | ||||||
17 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
18 | Terrorism
Omnibus Prevention Act.
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19 | (d) For armed violence based upon a predicate offense | ||||||
20 | listed in this
subsection (d) the court
shall enter the | ||||||
21 | sentence for armed violence to run consecutively to the
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22 | sentence imposed for the predicate offense. The offenses | ||||||
23 | covered by this
provision are:
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24 | (i) solicitation of murder,
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25 | (ii) solicitation of murder for hire,
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26 | (iii) heinous battery,
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1 | (iv) aggravated battery of a senior citizen,
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2 | (v) (blank)
criminal sexual assault ,
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3 | (vi) a violation of subsection (g) of Section 5 of the | ||||||
4 | Cannabis Control
Act,
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5 | (vii) cannabis trafficking,
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6 | (viii) a violation of subsection (a) of Section 401 of | ||||||
7 | the Illinois
Controlled Substances Act,
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8 | (ix) controlled substance trafficking involving a | ||||||
9 | Class X felony amount of
controlled substance under Section | ||||||
10 | 401 of the Illinois Controlled Substances
Act,
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11 | (x) calculated criminal drug conspiracy,
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12 | (xi) streetgang criminal drug conspiracy, or | ||||||
13 | (xii) a violation of the Methamphetamine Control and | ||||||
14 | Community Protection Act.
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15 | (Source: P.A. 94-556, eff. 9-11-05.)".
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