96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4666

 

Introduced , by Rep. Monique D. Davis

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-8-1   from Ch. 38, par. 1005-8-1

    Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life imprisonment when the death penalty is not imposed if the defendant is found guilty of an offense involving the use of a firearm in the commission of that offense. Effective immediately.


LRB096 15272 RLC 30363 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4666 LRB096 15272 RLC 30363 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 5-8-1 as follows:
 
6     (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
7     Sec. 5-8-1. Natural life imprisonment; mandatory
8 supervised release.
9     (a) Except as otherwise provided in the statute defining
10 the offense or in Article 4.5 of Chapter V, a sentence of
11 imprisonment for a felony shall be a determinate sentence set
12 by the court under this Section, according to the following
13 limitations:
14         (1) for first degree murder,
15             (a) (blank),
16             (b) if a trier of fact finds beyond a reasonable
17         doubt that the murder was accompanied by exceptionally
18         brutal or heinous behavior indicative of wanton
19         cruelty or, except as set forth in subsection (a)(1)(c)
20         of this Section, that any of the aggravating factors
21         listed in subsection (b) of Section 9-1 of the Criminal
22         Code of 1961 are present, the court may sentence the
23         defendant to a term of natural life imprisonment, or

 

 

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1             (c) the court shall sentence the defendant to a
2         term of natural life imprisonment when the death
3         penalty is not imposed if the defendant,
4                 (i) has previously been convicted of first
5             degree murder under any state or federal law, or
6                 (ii) is a person who, at the time of the
7             commission of the murder, had attained the age of
8             17 or more and is found guilty of murdering an
9             individual under 12 years of age; or, irrespective
10             of the defendant's age at the time of the
11             commission of the offense, is found guilty of
12             murdering more than one victim, or
13                 (iii) is found guilty of murdering a peace
14             officer, fireman, or emergency management worker
15             when the peace officer, fireman, or emergency
16             management worker was killed in the course of
17             performing his official duties, or to prevent the
18             peace officer or fireman from performing his
19             official duties, or in retaliation for the peace
20             officer, fireman, or emergency management worker
21             from performing his official duties, and the
22             defendant knew or should have known that the
23             murdered individual was a peace officer, fireman,
24             or emergency management worker, or
25                 (iv) is found guilty of murdering an employee
26             of an institution or facility of the Department of

 

 

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1             Corrections, or any similar local correctional
2             agency, when the employee was killed in the course
3             of performing his official duties, or to prevent
4             the employee from performing his official duties,
5             or in retaliation for the employee performing his
6             official duties, or
7                 (v) is found guilty of murdering an emergency
8             medical technician - ambulance, emergency medical
9             technician - intermediate, emergency medical
10             technician - paramedic, ambulance driver or other
11             medical assistance or first aid person while
12             employed by a municipality or other governmental
13             unit when the person was killed in the course of
14             performing official duties or to prevent the
15             person from performing official duties or in
16             retaliation for performing official duties and the
17             defendant knew or should have known that the
18             murdered individual was an emergency medical
19             technician - ambulance, emergency medical
20             technician - intermediate, emergency medical
21             technician - paramedic, ambulance driver, or other
22             medical assistant or first aid personnel, or
23                 (vi) is a person who, at the time of the
24             commission of the murder, had not attained the age
25             of 17, and is found guilty of murdering a person
26             under 12 years of age and the murder is committed

 

 

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1             during the course of aggravated criminal sexual
2             assault, criminal sexual assault, or aggravated
3             kidnaping, or
4                 (vii) is found guilty of first degree murder
5             and the murder was committed by reason of any
6             person's activity as a community policing
7             volunteer or to prevent any person from engaging in
8             activity as a community policing volunteer. For
9             the purpose of this Section, "community policing
10             volunteer" has the meaning ascribed to it in
11             Section 2-3.5 of the Criminal Code of 1961, or
12                 (viii) is found guilty of an offense involving
13             the use of a firearm in the commission of that
14             offense.
15             For any offense involving the use of a firearm in
16         the commission of that offense committed on or after
17         the effective date of this amendatory Act of the 96th
18         General Assembly, the sentence provided in clause
19         (viii) shall apply notwithstanding any other provision
20         of law providing for a lesser sentence.
21             For purposes of clause (v), "emergency medical
22         technician - ambulance", "emergency medical technician -
23          intermediate", "emergency medical technician -
24         paramedic", have the meanings ascribed to them in the
25         Emergency Medical Services (EMS) Systems Act.
26             (d) (i) if the person committed the offense while

 

 

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1             armed with a firearm, 15 years shall be added to
2             the term of imprisonment imposed by the court;
3                 (ii) if, during the commission of the offense,
4             the person personally discharged a firearm, 20
5             years shall be added to the term of imprisonment
6             imposed by the court;
7                 (iii) if, during the commission of the
8             offense, the person personally discharged a
9             firearm that proximately caused great bodily harm,
10             permanent disability, permanent disfigurement, or
11             death to another person, 25 years or up to a term
12             of natural life shall be added to the term of
13             imprisonment imposed by the court.
14         (2) (blank);
15         (2.5) for a person convicted under the circumstances
16     described in paragraph (3) of subsection (b) of Section
17     12-13, paragraph (2) of subsection (d) of Section 12-14,
18     paragraph (1.2) of subsection (b) of Section 12-14.1, or
19     paragraph (2) of subsection (b) of Section 12-14.1 of the
20     Criminal Code of 1961, the sentence shall be a term of
21     natural life imprisonment.
22     (b) (Blank.).
23     (c) (Blank.).
24     (d) Subject to earlier termination under Section 3-3-8, the
25 parole or mandatory supervised release term shall be as
26 follows:

 

 

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

 

 

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1         (5) if the victim is under 18 years of age, for a
2     second or subsequent offense of aggravated criminal sexual
3     abuse or felony criminal sexual abuse, 4 years, at least
4     the first 2 years of which the defendant shall serve in an
5     electronic home detention program under Article 8A of
6     Chapter V of this Code;
7         (6) for a felony domestic battery, aggravated domestic
8     battery, stalking, aggravated stalking, and a felony
9     violation of an order of protection, 4 years.
10     (e) (Blank.).
11     (f) (Blank.).
12 (Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
13 96-282, eff. 1-1-10; revised 9-4-09.)
 
14     Section 95. No acceleration or delay. Where this Act makes
15 changes in a statute that is represented in this Act by text
16 that is not yet or no longer in effect (for example, a Section
17 represented by multiple versions), the use of that text does
18 not accelerate or delay the taking effect of (i) the changes
19 made by this Act or (ii) provisions derived from any other
20 Public Act.
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.