Sen. Kirk W. Dillard

Filed: 4/4/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1465

2    AMENDMENT NO. ______. Amend Senate Bill 1465 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 1961 is amended by
5changing Sections 8-4 and 9-1 as follows:
 
6    (720 ILCS 5/8-4)  (from Ch. 38, par. 8-4)
7    Sec. 8-4. Attempt.
8    (a) Elements of the offense.
9    A person commits the offense of attempt when, with intent
10to commit a specific offense, he or she does any act that
11constitutes a substantial step toward the commission of that
12offense.
13    (b) Impossibility.
14    It is not a defense to a charge of attempt that because of
15a misapprehension of the circumstances it would have been
16impossible for the accused to commit the offense attempted.

 

 

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1    (c) Sentence.
2    A person convicted of attempt may be fined or imprisoned or
3both not to exceed the maximum provided for the offense
4attempted but, except for an attempt to commit the offense
5defined in Section 33A-2 of this Code:
6        (1) the sentence for attempt to commit first degree
7    murder is the sentence for a Class X felony, except that
8            (A) an attempt to commit first degree murder when
9        at least one of the aggravating factors specified in
10        paragraphs (1) and , (2), and (12) of subsection (b) and
11        in paragraphs (1) and (9) of subsection (c) of Section
12        9-1 is present is a Class X felony for which the
13        sentence shall be a term of imprisonment of not less
14        than 20 years and not more than 80 years;
15            (B) an attempt to commit first degree murder while
16        armed with a firearm is a Class X felony for which 15
17        years shall be added to the term of imprisonment
18        imposed by the court;
19            (C) an attempt to commit first degree murder during
20        which the person personally discharged a firearm is a
21        Class X felony for which 20 years shall be added to the
22        term of imprisonment imposed by the court;
23            (D) an attempt to commit first degree murder during
24        which the person personally discharged a firearm that
25        proximately caused great bodily harm, permanent
26        disability, permanent disfigurement, or death to

 

 

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1        another person is a Class X felony for which 25 years
2        or up to a term of natural life shall be added to the
3        term of imprisonment imposed by the court; and
4            (E) if the defendant proves by a preponderance of
5        the evidence at sentencing that, at the time of the
6        attempted murder, he or she was acting under a sudden
7        and intense passion resulting from serious provocation
8        by the individual whom the defendant endeavored to
9        kill, or another, and, had the individual the defendant
10        endeavored to kill died, the defendant would have
11        negligently or accidentally caused that death, then
12        the sentence for the attempted murder is the sentence
13        for a Class 1 felony;
14        (2) the sentence for attempt to commit a Class X felony
15    is the sentence for a Class 1 felony;
16        (3) the sentence for attempt to commit a Class 1 felony
17    is the sentence for a Class 2 felony;
18        (4) the sentence for attempt to commit a Class 2 felony
19    is the sentence for a Class 3 felony; and
20        (5) the sentence for attempt to commit any felony other
21    than those specified in items (1), (2), (3), and (4) of
22    this subsection (c) is the sentence for a Class A
23    misdemeanor.
24(Source: P.A. 96-710, eff. 1-1-10.)
 
25    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)

 

 

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1    Sec. 9-1. First degree Murder - Death penalties -
2Exceptions - Separate Hearings - Proof - Findings - Appellate
3procedures - Reversals.
4    (a) A person who kills an individual without lawful
5justification commits first degree murder if, in performing the
6acts which cause the death:
7        (1) he either intends to kill or do great bodily harm
8    to that individual or another, or knows that such acts will
9    cause death to that individual or another; or
10        (2) he knows that such acts create a strong probability
11    of death or great bodily harm to that individual or
12    another; or
13        (3) he is attempting or committing a forcible felony
14    other than second degree murder.
15    (b) Aggravating Factors; Death Penalty. A defendant who at
16the time of the commission of the offense has attained the age
17of 18 or more and who has been found guilty of first degree
18murder may be sentenced to death if:
19        (1) the murdered individual was a peace officer or
20    fireman killed in the course of performing his or her
21    official duties, to prevent the performance of his or her
22    official duties, or in retaliation for performing his or
23    her official duties, and the defendant knew or should have
24    known that the murdered individual was a peace officer or
25    fireman; or
26        (2) the murdered individual was an employee of an

 

 

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1    institution or facility of the Department of Corrections,
2    or any similar local correctional agency, killed in the
3    course of performing his or her official duties, to prevent
4    the performance of his or her official duties, or in
5    retaliation for performing his or her official duties, or
6    the murdered individual was an inmate at such institution
7    or facility and was killed on the grounds thereof, or the
8    murdered individual was otherwise present in such
9    institution or facility with the knowledge and approval of
10    the chief administrative officer thereof; or
11        (3) the defendant has been convicted of murdering 3 two
12    or more individuals under subsection (a) of this Section or
13    under any law of the United States or of any state which is
14    substantially similar to subsection (a) of this Section
15    regardless of whether the deaths occurred as the result of
16    the same act or of several related or unrelated acts so
17    long as the deaths were the result of either an intent to
18    kill more than one person or of separate acts which the
19    defendant knew would cause death or create a strong
20    probability of death or great bodily harm to the murdered
21    individual or another; or
22        (4) the murdered individual was under 12 years of age
23    and the death resulted from exceptionally brutal or heinous
24    behavior indicative of wanton cruelty; or
25        (5) the defendant committed the murder with intent to
26    prevent the murdered individual from testifying or

 

 

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1    participating in any criminal investigation or prosecution
2    or giving material assistance to the State in any
3    investigation or prosecution, either against the defendant
4    or another; or the defendant committed the murder because
5    the murdered individual was a witness in any prosecution or
6    gave material assistance to the State in any investigation
7    or prosecution, either against the defendant or another;
8    for purposes of this paragraph (5), "participating in any
9    criminal investigation or prosecution" is intended to
10    include those appearing in the proceedings in any capacity
11    such as trial judges, prosecutors, defense attorneys,
12    investigators, witnesses, or jurors.
13    (c) Aggravating Factors; Natural Life Imprisonment. A
14defendant who at the time of the commission of the offense has
15attained the age of 18 or more and who has been found guilty of
16first degree murder may be sentenced to natural life
17imprisonment if:
18        (1) the murdered individual was an inmate of an
19    institution or facility of the Department of Corrections,
20    or any similar local correctional agency, and was killed on
21    the grounds thereof, or the murdered individual was
22    otherwise present in such institution or facility with the
23    knowledge and approval of the chief administrative officer
24    thereof; or
25        (2) (4) the murdered individual was killed as a result
26    of the hijacking of an airplane, train, ship, bus or other

 

 

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1    public conveyance; or
2        (3) (5) the defendant committed the murder pursuant to
3    a contract, agreement or understanding by which he was to
4    receive money or anything of value in return for committing
5    the murder or procured another to commit the murder for
6    money or anything of value; or
7        (4) (6) the murdered individual was killed in the
8    course of another felony if:
9            (a) the murdered individual:
10                (i) was actually killed by the defendant, or
11                (ii) received physical injuries personally
12            inflicted by the defendant substantially
13            contemporaneously with physical injuries caused by
14            one or more persons for whose conduct the defendant
15            is legally accountable under Section 5-2 of this
16            Code, and the physical injuries inflicted by
17            either the defendant or the other person or persons
18            for whose conduct he or she is legally accountable
19            caused the death of the murdered individual; and
20            (b) in performing the acts which caused the death
21        of the murdered individual or which resulted in
22        physical injuries personally inflicted by the
23        defendant on the murdered individual under the
24        circumstances of subdivision (ii) of subparagraph (a)
25        of paragraph (4) (6) of subsection (c) (b) of this
26        Section, the defendant acted with the intent to kill

 

 

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1        the murdered individual or with the knowledge that his
2        acts created a strong probability of death or great
3        bodily harm to the murdered individual or another; and
4            (c) the other felony was an inherently violent
5        crime or the attempt to commit an inherently violent
6        crime. In this subparagraph (c), "inherently violent
7        crime" includes, but is not limited to, armed robbery,
8        robbery, predatory criminal sexual assault of a child,
9        aggravated criminal sexual assault, aggravated
10        kidnapping, aggravated vehicular hijacking, aggravated
11        arson, aggravated stalking, residential burglary, and
12        home invasion; or
13        (7) the murdered individual was under 12 years of age
14    and the death resulted from exceptionally brutal or heinous
15    behavior indicative of wanton cruelty; or
16        (5) the defendant has been convicted of murdering two
17    individuals under subsection (a) of this Section or under
18    any law of the United States or of any state which is
19    substantially similar to subsection (a) of this Section
20    regardless of whether the deaths occurred as the result of
21    the same act or of several related or unrelated acts so
22    long as the deaths were the result of either an intent to
23    kill more than one person or of separate acts which the
24    defendant knew would cause death or create a strong
25    probability of death or great bodily harm to the murdered
26    individual or another; or

 

 

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

 

 

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

 

 

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

 

 

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1    personal care; or
2        (15) (18) the murder was committed by reason of any
3    person's activity as a community policing volunteer or to
4    prevent any person from engaging in activity as a community
5    policing volunteer; or
6        (16) (19) the murdered individual was subject to an
7    order of protection and the murder was committed by a
8    person against whom the same order of protection was issued
9    under the Illinois Domestic Violence Act of 1986; or
10        (17) (20) the murdered individual was known by the
11    defendant to be a teacher or other person employed in any
12    school and the teacher or other employee is upon the
13    grounds of a school or grounds adjacent to a school, or is
14    in any part of a building used for school purposes; or
15        (18) (21) the murder was committed by the defendant in
16    connection with or as a result of the offense of terrorism
17    as defined in Section 29D-14.9 of this Code; or .
18        (19) (b-5) Aggravating Factor; Natural Life
19    Imprisonment. A defendant who has been found guilty of
20    first degree murder and who at the time of the commission
21    of the offense had attained the age of 18 years or more may
22    be sentenced to natural life imprisonment if (i) the
23    murdered individual was: (i) a physician, physician
24    assistant, psychologist, nurse, or advanced practice
25    nurse, (ii) a person whom the defendant knew or should have
26    known that the murdered individual was a physician,

 

 

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

 

 

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1    bodily harm;
2        (5) the defendant was not personally present during
3    commission of the act or acts causing death;
4        (6) the defendant's background includes a history of
5    extreme emotional or physical abuse;
6        (7) the defendant suffers from a reduced mental
7    capacity.
8    (e) (d) Separate sentencing hearing.
9    Where requested by the State, the court shall conduct a
10separate sentencing proceeding to determine the existence of
11factors set forth in subsection (b) and to consider any
12aggravating or mitigating factors as indicated in subsection
13(c). The proceeding shall be conducted:
14        (1) before the jury that determined the defendant's
15    guilt; or
16        (2) before a jury impanelled for the purpose of the
17    proceeding if:
18            A. the defendant was convicted upon a plea of
19        guilty; or
20            B. the defendant was convicted after a trial before
21        the court sitting without a jury; or
22            C. the court for good cause shown discharges the
23        jury that determined the defendant's guilt; or
24        (3) before the court alone if the defendant waives a
25    jury for the separate proceeding.
26    (f) (e) Evidence and Argument.

 

 

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1    During the proceeding any information relevant to any of
2the factors set forth in subsection (b) may be presented by
3either the State or the defendant under the rules governing the
4admission of evidence at criminal trials. Any information
5relevant to any additional aggravating factors or any
6mitigating factors indicated in subsection (c) may be presented
7by the State or defendant regardless of its admissibility under
8the rules governing the admission of evidence at criminal
9trials. The State and the defendant shall be given fair
10opportunity to rebut any information received at the hearing.
11    (g) (f) Proof.
12    The burden of proof of establishing the existence of any of
13the factors set forth in subsection (b) is on the State and
14shall not be satisfied unless established beyond a reasonable
15doubt.
16    (h) (g) Procedure - Jury.
17    If at the separate sentencing proceeding the jury finds
18that none of the factors set forth in subsection (b) exists,
19the court shall sentence the defendant to a term of
20imprisonment under Chapter V of the Unified Code of
21Corrections. If there is a unanimous finding by the jury that
22one or more of the factors set forth in subsection (b) exist,
23the jury shall consider aggravating and mitigating factors as
24instructed by the court and shall determine whether the
25sentence of death shall be imposed. If the jury determines
26unanimously, after weighing the factors in aggravation and

 

 

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

 

 

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1    If the court finds that death is not the appropriate
2sentence, the court shall sentence the defendant to a term of
3imprisonment under Chapter V of the Unified Code of
4Corrections.
5    (j) (h-5) Decertification as a capital case.
6    In a case in which the defendant has been found guilty of
7first degree murder by a judge or jury, or a case on remand for
8resentencing, and the State seeks the death penalty as an
9appropriate sentence, on the court's own motion or the written
10motion of the defendant, the court may decertify the case as a
11death penalty case if the court finds that the only evidence
12supporting the defendant's conviction is the uncorroborated
13testimony of an informant witness, as defined in Section 115-21
14of the Code of Criminal Procedure of 1963, concerning the
15confession or admission of the defendant or that the sole
16evidence against the defendant is a single eyewitness or single
17accomplice without any other corroborating evidence. If the
18court decertifies the case as a capital case under either of
19the grounds set forth above, the court shall issue a written
20finding. The State may pursue its right to appeal the
21decertification pursuant to Supreme Court Rule 604(a)(1). If
22the court does not decertify the case as a capital case, the
23matter shall proceed to the eligibility phase of the sentencing
24hearing.
25    (k) (i) Appellate Procedure.
26    The conviction and sentence of death shall be subject to

 

 

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1automatic review by the Supreme Court. Such review shall be in
2accordance with rules promulgated by the Supreme Court. The
3Illinois Supreme Court may overturn the death sentence, and
4order the imposition of imprisonment under Chapter V of the
5Unified Code of Corrections if the court finds that the death
6sentence is fundamentally unjust as applied to the particular
7case. If the Illinois Supreme Court finds that the death
8sentence is fundamentally unjust as applied to the particular
9case, independent of any procedural grounds for relief, the
10Illinois Supreme Court shall issue a written opinion explaining
11this finding.
12    (l) (j) Disposition of reversed death sentence.
13    In the event that the death penalty in this Act is held to
14be unconstitutional by the Supreme Court of the United States
15or of the State of Illinois, any person convicted of first
16degree murder shall be sentenced by the court to a term of
17imprisonment under Chapter V of the Unified Code of
18Corrections.
19    In the event that any death sentence pursuant to the
20sentencing provisions of this Section is declared
21unconstitutional by the Supreme Court of the United States or
22of the State of Illinois, the court having jurisdiction over a
23person previously sentenced to death shall cause the defendant
24to be brought before the court, and the court shall sentence
25the defendant to a term of imprisonment under Chapter V of the
26Unified Code of Corrections.

 

 

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1    (m) (k) Guidelines for seeking the death penalty.
2    The Attorney General and State's Attorneys Association
3shall consult on voluntary guidelines for procedures governing
4whether or not to seek the death penalty. The guidelines do not
5have the force of law and are only advisory in nature.
6    (n) For purposes of paragraph (c)(14), "disabled person"
7means a person who suffers from a permanent physical or mental
8impairment resulting from disease, an injury, a functional
9disorder, or a congenital condition that renders the person
10incapable of adequately providing for his or her own health or
11personal care.
12    For purposes of paragraph (c)(9), "emergency medical
13technician" means an emergency medical technician-ambulance,
14emergency medical technician-intermediate, emergency medical
15technician-paramedic, ambulance driver, or other medical
16assistance or first aid personnel, employed by a municipality
17or other governmental unit.
18(Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
 
19    Section 10. The Unified Code of Corrections is amended by
20changing Section 5-8-1 as follows:
 
21    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
22    Sec. 5-8-1. Natural life imprisonment; enhancements for
23use of a firearm; mandatory supervised release terms.
24    (a) Except as otherwise provided in the statute defining

 

 

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1the offense or in Article 4.5 of Chapter V, a sentence of
2imprisonment for a felony shall be a determinate sentence set
3by the court under this Section, according to the following
4limitations:
5        (1) for first degree murder,
6            (a) (blank),
7            (b) if a trier of fact finds beyond a reasonable
8        doubt that the murder was accompanied by exceptionally
9        brutal or heinous behavior indicative of wanton
10        cruelty or, except as set forth in subsection (a)(1)(c)
11        of this Section, that any of the aggravating factors
12        listed in subsection (b) or (c) (b-5) of Section 9-1 of
13        the Criminal Code of 1961 are present, the court may
14        sentence the defendant to a term of natural life
15        imprisonment, or
16            (c) the court shall sentence the defendant to a
17        term of natural life imprisonment when the death
18        penalty is not imposed if the defendant,
19                (i) has previously been convicted of first
20            degree murder under any state or federal law, or
21                (ii) is a person who, at the time of the
22            commission of the murder, had attained the age of
23            17 or more and is found guilty of murdering an
24            individual under 12 years of age; or, irrespective
25            of the defendant's age at the time of the
26            commission of the offense, is found guilty of

 

 

09700SB1465sam001- 21 -LRB097 06953 RLC 53822 a

1            murdering more than one victim, or
2                (iii) is found guilty of murdering a peace
3            officer, fireman, or emergency management worker
4            when the peace officer, fireman, or emergency
5            management worker was killed in the course of
6            performing his or her official duties, or to
7            prevent the peace officer or fireman from
8            performing his or her official duties, or in
9            retaliation for the peace officer, fireman, or
10            emergency management worker from performing his or
11            her official duties, and the defendant knew or
12            should have known that the murdered individual was
13            a peace officer, fireman, or emergency management
14            worker, or
15                (iv) is found guilty of murdering an employee
16            of an institution or facility of the Department of
17            Corrections, or any similar local correctional
18            agency, when the employee was killed in the course
19            of performing his or her official duties, or to
20            prevent the employee from performing his or her
21            official duties, or in retaliation for the
22            employee performing his or her official duties, or
23                (v) is found guilty of murdering an emergency
24            medical technician - ambulance, emergency medical
25            technician - intermediate, emergency medical
26            technician - paramedic, ambulance driver or other

 

 

09700SB1465sam001- 22 -LRB097 06953 RLC 53822 a

1            medical assistance or first aid person while
2            employed by a municipality or other governmental
3            unit when the person was killed in the course of
4            performing official duties or to prevent the
5            person from performing official duties or in
6            retaliation for performing official duties and the
7            defendant knew or should have known that the
8            murdered individual was an emergency medical
9            technician - ambulance, emergency medical
10            technician - intermediate, emergency medical
11            technician - paramedic, ambulance driver, or other
12            medical assistant or first aid personnel, or
13                (vi) is a person who, at the time of the
14            commission of the murder, had not attained the age
15            of 17, and is found guilty of murdering a person
16            under 12 years of age and the murder is committed
17            during the course of aggravated criminal sexual
18            assault, criminal sexual assault, or aggravated
19            kidnaping, or
20                (vii) is found guilty of first degree murder
21            and the murder was committed by reason of any
22            person's activity as a community policing
23            volunteer or to prevent any person from engaging in
24            activity as a community policing volunteer. For
25            the purpose of this Section, "community policing
26            volunteer" has the meaning ascribed to it in

 

 

09700SB1465sam001- 23 -LRB097 06953 RLC 53822 a

1            Section 2-3.5 of the Criminal Code of 1961.
2            For purposes of clause (v), "emergency medical
3        technician - ambulance", "emergency medical technician -
4         intermediate", "emergency medical technician -
5        paramedic", have the meanings ascribed to them in the
6        Emergency Medical Services (EMS) Systems Act.
7            (d) (i) if the person committed the offense while
8            armed with a firearm, 15 years shall be added to
9            the term of imprisonment imposed by the court;
10                (ii) if, during the commission of the offense,
11            the person personally discharged a firearm, 20
12            years shall be added to the term of imprisonment
13            imposed by the court;
14                (iii) if, during the commission of the
15            offense, the person personally discharged a
16            firearm that proximately caused great bodily harm,
17            permanent disability, permanent disfigurement, or
18            death to another person, 25 years or up to a term
19            of natural life shall be added to the term of
20            imprisonment imposed by the court.
21        (2) (blank);
22        (2.5) for a person convicted under the circumstances
23    described in paragraph (3) of subsection (b) of Section
24    12-13, paragraph (2) of subsection (d) of Section 12-14,
25    paragraph (1.2) of subsection (b) of Section 12-14.1, or
26    paragraph (2) of subsection (b) of Section 12-14.1 of the

 

 

09700SB1465sam001- 24 -LRB097 06953 RLC 53822 a

1    Criminal Code of 1961, the sentence shall be a term of
2    natural life imprisonment.
3    (b) (Blank).
4    (c) (Blank).
5    (d) Subject to earlier termination under Section 3-3-8, the
6parole or mandatory supervised release term shall be as
7follows:
8        (1) for first degree murder or a Class X felony except
9    for the offenses of predatory criminal sexual assault of a
10    child, aggravated criminal sexual assault, and criminal
11    sexual assault if committed on or after the effective date
12    of this amendatory Act of the 94th General Assembly and
13    except for the offense of aggravated child pornography
14    under Section 11-20.3 of the Criminal Code of 1961, if
15    committed on or after January 1, 2009, 3 years;
16        (2) for a Class 1 felony or a Class 2 felony except for
17    the offense of criminal sexual assault if committed on or
18    after the effective date of this amendatory Act of the 94th
19    General Assembly and except for the offenses of manufacture
20    and dissemination of child pornography under clauses
21    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
22    of 1961, if committed on or after January 1, 2009, 2 years;
23        (3) for a Class 3 felony or a Class 4 felony, 1 year;
24        (4) for defendants who commit the offense of predatory
25    criminal sexual assault of a child, aggravated criminal
26    sexual assault, or criminal sexual assault, on or after the

 

 

09700SB1465sam001- 25 -LRB097 06953 RLC 53822 a

1    effective date of this amendatory Act of the 94th General
2    Assembly, or who commit the offense of aggravated child
3    pornography, manufacture of child pornography, or
4    dissemination of child pornography after January 1, 2009,
5    the term of mandatory supervised release shall range from a
6    minimum of 3 years to a maximum of the natural life of the
7    defendant;
8        (5) if the victim is under 18 years of age, for a
9    second or subsequent offense of aggravated criminal sexual
10    abuse or felony criminal sexual abuse, 4 years, at least
11    the first 2 years of which the defendant shall serve in an
12    electronic home detention program under Article 8A of
13    Chapter V of this Code;
14        (6) for a felony domestic battery, aggravated domestic
15    battery, stalking, aggravated stalking, and a felony
16    violation of an order of protection, 4 years.
17    (e) (Blank).
18    (f) (Blank).
19(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
2096-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff.
217-22-10; 96-1475, eff. 1-1-11; revised 9-16-10.)
 
22    (725 ILCS 5/119-1 rep.)
23    Section 15. The Code of Criminal Procedure of 1963 is
24amended by repealing Section 119-1 as added by Public Act
2596-1543.
 

 

 

09700SB1465sam001- 26 -LRB097 06953 RLC 53822 a

1    (P.A. 96-1543, Sec. 15 rep.)
2    Section 20. "An Act concerning criminal law", approved
3March 9, 2011, Public Act 96-1543, is amended by repealing
4Section 15.
 
5    Section 99. Effective date. This Act takes effect July 1,
62011.".