Rep. Barbara Flynn Currie

Filed: 4/17/2015





09900HB2471ham001LRB099 04989 RLC 34232 a


2    AMENDMENT NO. ______. Amend House Bill 2471 on page 21,
3line 2, by inserting "or evidence of rehabilitation, or both"
4after "rehabilitation"; and
5on page 21, by replacing lines 17 through 21 with the
7    "(b) Except as provided in subsection (c), the court may
8sentence the defendant to any disposition authorized for the
9class of the offense of which he or she was found guilty as
10described in Article 4.5 of this Code, and may, in its
11discretion, decline to impose any otherwise applicable
12sentencing enhancement based upon firearm possession,
13possession with personal discharge, or possession with
14personal discharge that proximately causes great bodily harm,
15permanent disability, permanent disfigurement, or death to
16another person.
17    (c) Notwithstanding any other provision of law, if the



09900HB2471ham001- 2 -LRB099 04989 RLC 34232 a

1defendant is convicted of first degree murder and would
2otherwise be subject to sentencing under clause (iii), (iv),
3(v), or (vii) of subsection (c) of Section 5-8-1 of this Code
4based on the category of persons identified therein, the court
5shall impose a sentence of not less than 40 years of
6imprisonment. In addition, the court may, in its discretion,
7decline to impose the sentencing enhancements based upon the
8possession or use of a firearm during the commission of the
9offense included in subsection (d) of Section 5-8-1."; and
10by replacing lines 24 through 26 on page 22 and lines 1 through
113 on page 23 with the following:
12                "(ii) is a person who, at the time of the
13            commission of the murder, had attained the age of
14            17 or more and is found guilty of murdering an
15            individual under 12 years of age; or, irrespective
16            of the defendant's age at the time of the
17            commission of the offense, is found guilty of".