Illinois General Assembly - Full Text of HB2471
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Full Text of HB2471  99th General Assembly

HB2471eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 10-2, 11-1.20, 11-1.30, 11-1.40, 12-33, 29D-14.9, and
629D-35 as follows:
 
7    (720 ILCS 5/10-2)  (from Ch. 38, par. 10-2)
8    Sec. 10-2. Aggravated kidnaping.
9    (a) A person commits the offense of aggravated kidnaping
10when he or she commits kidnapping and:
11        (1) kidnaps with the intent to obtain ransom from the
12    person kidnaped or from any other person;
13        (2) takes as his or her victim a child under the age of
14    13 years, or a severely or profoundly intellectually
15    disabled person;
16        (3) inflicts great bodily harm, other than by the
17    discharge of a firearm, or commits another felony upon his
18    or her victim;
19        (4) wears a hood, robe, or mask or conceals his or her
20    identity;
21        (5) commits the offense of kidnaping while armed with a
22    dangerous weapon, other than a firearm, as defined in
23    Section 33A-1 of this Code;

 

 

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1        (6) commits the offense of kidnaping while armed with a
2    firearm;
3        (7) during the commission of the offense of kidnaping,
4    personally discharges a firearm; or
5        (8) during the commission of the offense of kidnaping,
6    personally discharges a firearm that proximately causes
7    great bodily harm, permanent disability, permanent
8    disfigurement, or death to another person.
9    As used in this Section, "ransom" includes money, benefit,
10or other valuable thing or concession.
11    (b) Sentence. Aggravated kidnaping in violation of
12paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
13Class X felony. A violation of subsection (a)(6) is a Class X
14felony for which 15 years shall be added to the term of
15imprisonment imposed by the court. A violation of subsection
16(a)(7) is a Class X felony for which 20 years shall be added to
17the term of imprisonment imposed by the court. A violation of
18subsection (a)(8) is a Class X felony for which 25 years or up
19to a term of natural life shall be added to the term of
20imprisonment imposed by the court. An offender under the age of
2118 years at the time of the commission of aggravated kidnaping
22in violation of paragraphs (1) through (8) of subsection (a)
23shall be sentenced under Section 5-4.5-105 of the Unified Code
24of Corrections.
25    A person who has attained the age of 18 years at the time
26of the commission of the offense and who is convicted of a

 

 

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1second or subsequent offense of aggravated kidnaping shall be
2sentenced to a term of natural life imprisonment; except that a
3sentence of natural life imprisonment shall not be imposed
4under this Section unless the second or subsequent offense was
5committed after conviction on the first offense. An offender
6under the age of 18 years at the time of the commission of the
7second or subsequent offense shall be sentenced under Section
85-4.5-105 of the Unified Code of Corrections.
9(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
 
10    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)
11    Sec. 11-1.20. Criminal Sexual Assault.
12    (a) A person commits criminal sexual assault if that person
13commits an act of sexual penetration and:
14        (1) uses force or threat of force;
15        (2) knows that the victim is unable to understand the
16    nature of the act or is unable to give knowing consent;
17        (3) is a family member of the victim, and the victim is
18    under 18 years of age; or
19        (4) is 17 years of age or over and holds a position of
20    trust, authority, or supervision in relation to the victim,
21    and the victim is at least 13 years of age but under 18
22    years of age.
23    (b) Sentence.
24        (1) Criminal sexual assault is a Class 1 felony, except
25    that:

 

 

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1            (A) A person who is convicted of the offense of
2        criminal sexual assault as defined in paragraph (a)(1)
3        or (a)(2) after having previously been convicted of the
4        offense of criminal sexual assault or the offense of
5        exploitation of a child, or who is convicted of the
6        offense of criminal sexual assault as defined in
7        paragraph (a)(1) or (a)(2) after having previously
8        been convicted under the laws of this State or any
9        other state of an offense that is substantially
10        equivalent to the offense of criminal sexual assault or
11        to the offense of exploitation of a child, commits a
12        Class X felony for which the person shall be sentenced
13        to a term of imprisonment of not less than 30 years and
14        not more than 60 years, except that if the person is
15        under the age of 18 years at the time of the offense,
16        he or she shall be sentenced under Section 5-4.5-105 of
17        the Unified Code of Corrections. The commission of the
18        second or subsequent offense is required to have been
19        after the initial conviction for this paragraph (A) to
20        apply.
21            (B) A person who has attained the age of 18 years
22        at the time of the commission of the offense and who is
23        convicted of the offense of criminal sexual assault as
24        defined in paragraph (a)(1) or (a)(2) after having
25        previously been convicted of the offense of aggravated
26        criminal sexual assault or the offense of predatory

 

 

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1        criminal sexual assault of a child, or who is convicted
2        of the offense of criminal sexual assault as defined in
3        paragraph (a)(1) or (a)(2) after having previously
4        been convicted under the laws of this State or any
5        other state of an offense that is substantially
6        equivalent to the offense of aggravated criminal
7        sexual assault or the offense of predatory criminal
8        sexual assault of a child shall be sentenced to a term
9        of natural life imprisonment. The commission of the
10        second or subsequent offense is required to have been
11        after the initial conviction for this paragraph (B) to
12        apply. An offender under the age of 18 years at the
13        time of the commission of the offense covered by this
14        subparagraph (B) shall be sentenced under Section
15        5-4.5-105 of the Unified Code of Corrections.
16            (C) A second or subsequent conviction for a
17        violation of paragraph (a)(3) or (a)(4) or under any
18        similar statute of this State or any other state for
19        any offense involving criminal sexual assault that is
20        substantially equivalent to or more serious than the
21        sexual assault prohibited under paragraph (a)(3) or
22        (a)(4) is a Class X felony.
23(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)
 
24    (720 ILCS 5/11-1.30)  (was 720 ILCS 5/12-14)
25    Sec. 11-1.30. Aggravated Criminal Sexual Assault.

 

 

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1    (a) A person commits aggravated criminal sexual assault if
2that person commits criminal sexual assault and any of the
3following aggravating circumstances exist during the
4commission of the offense or, for purposes of paragraph (7),
5occur as part of the same course of conduct as the commission
6of the offense:
7        (1) the person displays, threatens to use, or uses a
8    dangerous weapon, other than a firearm, or any other object
9    fashioned or used in a manner that leads the victim, under
10    the circumstances, reasonably to believe that the object is
11    a dangerous weapon;
12        (2) the person causes bodily harm to the victim, except
13    as provided in paragraph (10);
14        (3) the person acts in a manner that threatens or
15    endangers the life of the victim or any other person;
16        (4) the person commits the criminal sexual assault
17    during the course of committing or attempting to commit any
18    other felony;
19        (5) the victim is 60 years of age or older;
20        (6) the victim is a physically handicapped person;
21        (7) the person delivers (by injection, inhalation,
22    ingestion, transfer of possession, or any other means) any
23    controlled substance to the victim without the victim's
24    consent or by threat or deception for other than medical
25    purposes;
26        (8) the person is armed with a firearm;

 

 

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1        (9) the person personally discharges a firearm during
2    the commission of the offense; or
3        (10) the person personally discharges a firearm during
4    the commission of the offense, and that discharge
5    proximately causes great bodily harm, permanent
6    disability, permanent disfigurement, or death to another
7    person.
8    (b) A person commits aggravated criminal sexual assault if
9that person is under 17 years of age and: (i) commits an act of
10sexual penetration with a victim who is under 9 years of age;
11or (ii) commits an act of sexual penetration with a victim who
12is at least 9 years of age but under 13 years of age and the
13person uses force or threat of force to commit the act.
14    (c) A person commits aggravated criminal sexual assault if
15that person commits an act of sexual penetration with a victim
16who is a severely or profoundly intellectually disabled person.
17    (d) Sentence.
18        (1) Aggravated criminal sexual assault in violation of
19    paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
20    or in violation of subsection (b) or (c) is a Class X
21    felony. A violation of subsection (a)(1) is a Class X
22    felony for which 10 years shall be added to the term of
23    imprisonment imposed by the court. A violation of
24    subsection (a)(8) is a Class X felony for which 15 years
25    shall be added to the term of imprisonment imposed by the
26    court. A violation of subsection (a)(9) is a Class X felony

 

 

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1    for which 20 years shall be added to the term of
2    imprisonment imposed by the court. A violation of
3    subsection (a)(10) is a Class X felony for which 25 years
4    or up to a term of natural life imprisonment shall be added
5    to the term of imprisonment imposed by the court. An
6    offender under the age of 18 years at the time of the
7    commission of aggravated criminal sexual assault in
8    violation of paragraphs (1) through (10) of subsection (a)
9    shall be sentenced under Section 5-4.5-105 of the Unified
10    Code of Corrections.
11        (2) A person who has attained the age of 18 years at
12    the time of the commission of the offense and who is
13    convicted of a second or subsequent offense of aggravated
14    criminal sexual assault, or who is convicted of the offense
15    of aggravated criminal sexual assault after having
16    previously been convicted of the offense of criminal sexual
17    assault or the offense of predatory criminal sexual assault
18    of a child, or who is convicted of the offense of
19    aggravated criminal sexual assault after having previously
20    been convicted under the laws of this or any other state of
21    an offense that is substantially equivalent to the offense
22    of criminal sexual assault, the offense of aggravated
23    criminal sexual assault or the offense of predatory
24    criminal sexual assault of a child, shall be sentenced to a
25    term of natural life imprisonment. The commission of the
26    second or subsequent offense is required to have been after

 

 

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1    the initial conviction for this paragraph (2) to apply. An
2    offender under the age of 18 years at the time of the
3    commission of the offense covered by this paragraph (2)
4    shall be sentenced under Section 5-4.5-105 of the Unified
5    Code of Corrections.
6(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
71-1-12; 97-1109, eff. 1-1-13.)
 
8    (720 ILCS 5/11-1.40)   (was 720 ILCS 5/12-14.1)
9    Sec. 11-1.40. Predatory criminal sexual assault of a child.
10    (a) A person commits predatory criminal sexual assault of a
11child if that person is 17 years of age or older, and commits
12an act of contact, however slight, between the sex organ or
13anus of one person and the part of the body of another for the
14purpose of sexual gratification or arousal of the victim or the
15accused, or an act of sexual penetration, and:
16        (1) the victim is under 13 years of age; or
17        (2) the victim is under 13 years of age and that
18    person:
19            (A) is armed with a firearm;
20            (B) personally discharges a firearm during the
21        commission of the offense;
22            (C) causes great bodily harm to the victim that:
23                (i) results in permanent disability; or
24                (ii) is life threatening; or
25            (D) delivers (by injection, inhalation, ingestion,

 

 

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1        transfer of possession, or any other means) any
2        controlled substance to the victim without the
3        victim's consent or by threat or deception, for other
4        than medical purposes.
5    (b) Sentence.
6        (1) A person convicted of a violation of subsection
7    (a)(1) commits a Class X felony, for which the person shall
8    be sentenced to a term of imprisonment of not less than 6
9    years and not more than 60 years. A person convicted of a
10    violation of subsection (a)(2)(A) commits a Class X felony
11    for which 15 years shall be added to the term of
12    imprisonment imposed by the court. A person convicted of a
13    violation of subsection (a)(2)(B) commits a Class X felony
14    for which 20 years shall be added to the term of
15    imprisonment imposed by the court. A person who has
16    attained the age of 18 years at the time of the commission
17    of the offense and who is convicted of a violation of
18    subsection (a)(2)(C) commits a Class X felony for which the
19    person shall be sentenced to a term of imprisonment of not
20    less than 50 years or up to a term of natural life
21    imprisonment. An offender under the age of 18 years at the
22    time of the commission of predatory criminal sexual assault
23    of a child in violation of subsections (a)(1), (a)(2)(A),
24    (a)(2)(B), and (a)(2)(C) shall be sentenced under Section
25    5-4.5-105 of the Unified Code of Corrections.
26        (1.1) A person convicted of a violation of subsection

 

 

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1    (a)(2)(D) commits a Class X felony for which the person
2    shall be sentenced to a term of imprisonment of not less
3    than 50 years and not more than 60 years. An offender under
4    the age of 18 years at the time of the commission of
5    predatory criminal sexual assault of a child in violation
6    of subsection (a)(2)(D) shall be sentenced under Section
7    5-4.5-105 of the Unified Code of Corrections.
8        (1.2) A person who has attained the age of 18 years at
9    the time of the commission of the offense and convicted of
10    predatory criminal sexual assault of a child committed
11    against 2 or more persons regardless of whether the
12    offenses occurred as the result of the same act or of
13    several related or unrelated acts shall be sentenced to a
14    term of natural life imprisonment and an offender under the
15    age of 18 years at the time of the commission of the
16    offense shall be sentenced under Section 5-4.5-105 of the
17    Unified Code of Corrections.
18        (2) A person who has attained the age of 18 years at
19    the time of the commission of the offense and who is
20    convicted of a second or subsequent offense of predatory
21    criminal sexual assault of a child, or who is convicted of
22    the offense of predatory criminal sexual assault of a child
23    after having previously been convicted of the offense of
24    criminal sexual assault or the offense of aggravated
25    criminal sexual assault, or who is convicted of the offense
26    of predatory criminal sexual assault of a child after

 

 

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1    having previously been convicted under the laws of this
2    State or any other state of an offense that is
3    substantially equivalent to the offense of predatory
4    criminal sexual assault of a child, the offense of
5    aggravated criminal sexual assault or the offense of
6    criminal sexual assault, shall be sentenced to a term of
7    natural life imprisonment. The commission of the second or
8    subsequent offense is required to have been after the
9    initial conviction for this paragraph (2) to apply. An
10    offender under the age of 18 years at the time of the
11    commission of the offense covered by this paragraph (2)
12    shall be sentenced under Section 5-4.5-105 of the Unified
13    Code of Corrections.
14(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14;
1598-903, eff. 8-15-14.)
 
16    (720 ILCS 5/12-33)  (from Ch. 38, par. 12-33)
17    Sec. 12-33. Ritualized abuse of a child.
18    (a) A person commits ritualized abuse of a child when he or
19she knowingly commits any of the following acts with, upon, or
20in the presence of a child as part of a ceremony, rite or any
21similar observance:
22        (1) actually or in simulation, tortures, mutilates, or
23    sacrifices any warm-blooded animal or human being;
24        (2) forces ingestion, injection or other application
25    of any narcotic, drug, hallucinogen or anaesthetic for the

 

 

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1    purpose of dulling sensitivity, cognition, recollection
2    of, or resistance to any criminal activity;
3        (3) forces ingestion, or external application, of
4    human or animal urine, feces, flesh, blood, bones, body
5    secretions, nonprescribed drugs or chemical compounds;
6        (4) involves the child in a mock, unauthorized or
7    unlawful marriage ceremony with another person or
8    representation of any force or deity, followed by sexual
9    contact with the child;
10        (5) places a living child into a coffin or open grave
11    containing a human corpse or remains;
12        (6) threatens death or serious harm to a child, his or
13    her parents, family, pets, or friends that instills a
14    well-founded fear in the child that the threat will be
15    carried out; or
16        (7) unlawfully dissects, mutilates, or incinerates a
17    human corpse.
18    (b) The provisions of this Section shall not be construed
19to apply to:
20        (1) lawful agricultural, animal husbandry, food
21    preparation, or wild game hunting and fishing practices and
22    specifically the branding or identification of livestock;
23        (2) the lawful medical practice of male circumcision or
24    any ceremony related to male circumcision;
25        (3) any state or federally approved, licensed, or
26    funded research project; or

 

 

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1        (4) the ingestion of animal flesh or blood in the
2    performance of a religious service or ceremony.
3    (b-5) For the purposes of this Section, "child" means any
4person under 18 years of age.
5    (c) Ritualized abuse of a child is a Class 1 felony for a
6first offense. A second or subsequent conviction for ritualized
7abuse of a child is a Class X felony for which an offender who
8has attained the age of 18 years at the time of the commission
9of the offense the offender may be sentenced to a term of
10natural life imprisonment and an offender under the age of 18
11years at the time of the commission of the offense shall be
12sentenced under Section 5-4.5-105 of the Unified Code of
13Corrections.
14    (d) (Blank).
15(Source: P.A. 96-1551, eff. 7-1-11.)
 
16    (720 ILCS 5/29D-14.9)   (was 720 ILCS 5/29D-30)
17    Sec. 29D-14.9. Terrorism.
18    (a) A person commits the offense of terrorism when, with
19the intent to intimidate or coerce a significant portion of a
20civilian population:
21        (1) he or she knowingly commits a terrorist act as
22    defined in Section 29D-10(1) of this Code within this
23    State; or
24        (2) he or she, while outside this State, knowingly
25    commits a terrorist act as defined in Section 29D-10(1) of

 

 

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1    this Code that takes effect within this State or produces
2    substantial detrimental effects within this State.
3    (b) Sentence. Terrorism is a Class X felony. If no deaths
4are caused by the terrorist act, the sentence shall be a term
5of 20 years to natural life imprisonment; if the terrorist act
6caused the death of one or more persons, however, a mandatory
7term of natural life imprisonment shall be the sentence if the
8death penalty is not imposed and the person has attained the
9age of 18 years at the time of the commission of the offense.
10An offender under the age of 18 years at the time of the
11commission of the offense shall be sentenced under Section
125-4.5-105 of the Unified Code of Corrections.
13(Source: P.A. 96-710, eff. 1-1-10.)
 
14    (720 ILCS 5/29D-35)
15    Sec. 29D-35. Hindering prosecution of terrorism.
16    (a) A person commits the offense of hindering prosecution
17of terrorism when he or she renders criminal assistance to a
18person who has committed terrorism as defined in Section
1929D-14.9 or caused a catastrophe as defined in Section 29D-15.1
20of this Code when he or she knows that the person to whom he or
21she rendered criminal assistance engaged in an act of terrorism
22or caused a catastrophe.
23    (b) Hindering prosecution of terrorism is a Class X felony,
24the sentence for which shall be a term of 20 years to natural
25life imprisonment if no death was caused by the act of

 

 

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1terrorism committed by the person to whom the defendant
2rendered criminal assistance and a mandatory term of natural
3life imprisonment if death was caused by the act of terrorism
4committed by the person to whom the defendant rendered criminal
5assistance. An offender under the age of 18 years at the time
6of the commission of the offense shall be sentenced under
7Section 5-4.5-105 of the Unified Code of Corrections.
8(Source: P.A. 96-710, eff. 1-1-10.)
 
9    Section 10. The Unified Code of Corrections is amended by
10changing Sections 5-4.5-95 and 5-8-1 and by adding Section
115-4.5-105 as follows:
 
12    (730 ILCS 5/5-4.5-95)
13    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
14    (a) HABITUAL CRIMINALS.
15        (1) Every person who has been twice convicted in any
16    state or federal court of an offense that contains the same
17    elements as an offense now (the date of the offense
18    committed after the 2 prior convictions) classified in
19    Illinois as a Class X felony, criminal sexual assault,
20    aggravated kidnapping, or first degree murder, and who is
21    thereafter convicted of a Class X felony, criminal sexual
22    assault, or first degree murder, committed after the 2
23    prior convictions, shall be adjudged an habitual criminal.
24        (2) The 2 prior convictions need not have been for the

 

 

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1    same offense.
2        (3) Any convictions that result from or are connected
3    with the same transaction, or result from offenses
4    committed at the same time, shall be counted for the
5    purposes of this Section as one conviction.
6        (4) This Section does not apply unless each of the
7    following requirements are satisfied:
8            (A) The third offense was committed after July 3,
9        1980.
10            (B) The third offense was committed within 20 years
11        of the date that judgment was entered on the first
12        conviction; provided, however, that time spent in
13        custody shall not be counted.
14            (C) The third offense was committed after
15        conviction on the second offense.
16            (D) The second offense was committed after
17        conviction on the first offense.
18        (5) Anyone who, having attained the age of 18 at the
19    time of the third offense, is Except when the death penalty
20    is imposed, anyone adjudged an habitual criminal shall be
21    sentenced to a term of natural life imprisonment.
22        (6) A prior conviction shall not be alleged in the
23    indictment, and no evidence or other disclosure of that
24    conviction shall be presented to the court or the jury
25    during the trial of an offense set forth in this Section
26    unless otherwise permitted by the issues properly raised in

 

 

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1    that trial. After a plea or verdict or finding of guilty
2    and before sentence is imposed, the prosecutor may file
3    with the court a verified written statement signed by the
4    State's Attorney concerning any former conviction of an
5    offense set forth in this Section rendered against the
6    defendant. The court shall then cause the defendant to be
7    brought before it; shall inform the defendant of the
8    allegations of the statement so filed, and of his or her
9    right to a hearing before the court on the issue of that
10    former conviction and of his or her right to counsel at
11    that hearing; and unless the defendant admits such
12    conviction, shall hear and determine the issue, and shall
13    make a written finding thereon. If a sentence has
14    previously been imposed, the court may vacate that sentence
15    and impose a new sentence in accordance with this Section.
16        (7) A duly authenticated copy of the record of any
17    alleged former conviction of an offense set forth in this
18    Section shall be prima facie evidence of that former
19    conviction; and a duly authenticated copy of the record of
20    the defendant's final release or discharge from probation
21    granted, or from sentence and parole supervision (if any)
22    imposed pursuant to that former conviction, shall be prima
23    facie evidence of that release or discharge.
24        (8) Any claim that a previous conviction offered by the
25    prosecution is not a former conviction of an offense set
26    forth in this Section because of the existence of any

 

 

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1    exceptions described in this Section, is waived unless duly
2    raised at the hearing on that conviction, or unless the
3    prosecution's proof shows the existence of the exceptions
4    described in this Section.
5        (9) If the person so convicted shows to the
6    satisfaction of the court before whom that conviction was
7    had that he or she was released from imprisonment, upon
8    either of the sentences upon a pardon granted for the
9    reason that he or she was innocent, that conviction and
10    sentence shall not be considered under this Section.
11    (b) When a defendant, over the age of 21 years, is
12convicted of a Class 1 or Class 2 felony, after having twice
13been convicted in any state or federal court of an offense that
14contains the same elements as an offense now (the date the
15Class 1 or Class 2 felony was committed) classified in Illinois
16as a Class 2 or greater Class felony and those charges are
17separately brought and tried and arise out of different series
18of acts, that defendant shall be sentenced as a Class X
19offender. This subsection does not apply unless:
20        (1) the first felony was committed after February 1,
21    1978 (the effective date of Public Act 80-1099);
22        (2) the second felony was committed after conviction on
23    the first; and
24        (3) the third felony was committed after conviction on
25    the second.
26    A person sentenced as a Class X offender under this

 

 

HB2471 Engrossed- 20 -LRB099 04989 RLC 25018 b

1subsection (b) is not eligible to apply for treatment as a
2condition of probation as provided by Section 40-10 of the
3Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
4301/40-10).
5(Source: P.A. 95-1052, eff. 7-1-09.)
 
6    (730 ILCS 5/5-4.5-105 new)
7    Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF
818 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
9    (a) On or after the effective date of this amendatory Act
10of the 99th General Assembly, when a person commits an offense
11and the person is under 18 years of age at the time of the
12commission of the offense, the court, at the sentencing hearing
13conducted under Section 5-4-1, shall consider the following
14additional factors in mitigation in determining the
15appropriate sentence:
16        (1) the person's age, impetuosity, and level of
17    maturity at the time of the offense, including the ability
18    to consider risks and consequences of behavior, and the
19    presence of cognitive or developmental disability, or
20    both, if any;
21        (2) whether the person was subjected to outside
22    pressure, including peer pressure, familial pressure, or
23    negative influences;
24        (3) the person's family, home environment, educational
25    and social background, including any history of parental

 

 

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1    neglect, physical abuse, or other childhood trauma;
2        (4) the person's potential for rehabilitation or
3    evidence of rehabilitation, or both;
4        (5) the circumstances of the offense;
5        (6) the person's degree of participation and specific
6    role in the offense, including the level of planning by the
7    defendant before the offense;
8        (7) whether the person was able to meaningfully
9    participate in his or her defense;
10        (8) the person's prior juvenile or criminal history;
11    and
12        (9) any other information the court finds relevant and
13    reliable, including an expression of remorse, if
14    appropriate. However, if the person, on advice of counsel
15    chooses not to make a statement, the court shall not
16    consider a lack of an expression of remorse as an
17    aggravating factor.
18    (b) Except as provided in subsection (c), the court may
19sentence the defendant to any disposition authorized for the
20class of the offense of which he or she was found guilty as
21described in Article 4.5 of this Code, and may, in its
22discretion, decline to impose any otherwise applicable
23sentencing enhancement based upon firearm possession,
24possession with personal discharge, or possession with
25personal discharge that proximately causes great bodily harm,
26permanent disability, permanent disfigurement, or death to

 

 

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1another person.
2    (c) Notwithstanding any other provision of law, if the
3defendant is convicted of first degree murder and would
4otherwise be subject to sentencing under clause (iii), (iv),
5(v), or (vii) of subsection (c) of Section 5-8-1 of this Code
6based on the category of persons identified therein, the court
7shall impose a sentence of not less than 40 years of
8imprisonment. In addition, the court may, in its discretion,
9decline to impose the sentencing enhancements based upon the
10possession or use of a firearm during the commission of the
11offense included in subsection (d) of Section 5-8-1.
 
12    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
13    Sec. 5-8-1. Natural life imprisonment; enhancements for
14use of a firearm; mandatory supervised release terms.
15    (a) Except as otherwise provided in the statute defining
16the offense or in Article 4.5 of Chapter V, a sentence of
17imprisonment for a felony shall be a determinate sentence set
18by the court under this Section, according to the following
19limitations:
20        (1) for first degree murder,
21            (a) (blank),
22            (b) if a trier of fact finds beyond a reasonable
23        doubt that the murder was accompanied by exceptionally
24        brutal or heinous behavior indicative of wanton
25        cruelty or, except as set forth in subsection (a)(1)(c)

 

 

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1        of this Section, that any of the aggravating factors
2        listed in subsection (b) or (b-5) of Section 9-1 of the
3        Criminal Code of 1961 or the Criminal Code of 2012 are
4        present, the court may sentence the defendant, subject
5        to Section 5-4.5-105, to a term of natural life
6        imprisonment, or
7            (c) the court shall sentence the defendant to a
8        term of natural life imprisonment when the death
9        penalty is not imposed if the defendant, at the time of
10        the commission of the murder, had attained the age of
11        18, and
12                (i) has previously been convicted of first
13            degree murder under any state or federal law, or
14                (ii) is a person who, at the time of the
15            commission of the murder, had attained the age of
16            17 or more and is found guilty of murdering an
17            individual under 12 years of age; or, irrespective
18            of the defendant's age at the time of the
19            commission of the offense, is found guilty of
20            murdering more than one victim, or
21                (iii) is found guilty of murdering a peace
22            officer, fireman, or emergency management worker
23            when the peace officer, fireman, or emergency
24            management worker was killed in the course of
25            performing his official duties, or to prevent the
26            peace officer or fireman from performing his

 

 

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

 

 

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1            technician - ambulance, emergency medical
2            technician - intermediate, emergency medical
3            technician - paramedic, ambulance driver, or other
4            medical assistant or first aid personnel, or
5                (vi) (blank), or is a person who, at the time
6            of the commission of the murder, had not attained
7            the age of 17, and is found guilty of murdering a
8            person under 12 years of age and the murder is
9            committed during the course of aggravated criminal
10            sexual assault, criminal sexual assault, or
11            aggravated kidnaping, or
12                (vii) is found guilty of first degree murder
13            and the murder was committed by reason of any
14            person's activity as a community policing
15            volunteer or to prevent any person from engaging in
16            activity as a community policing volunteer. For
17            the purpose of this Section, "community policing
18            volunteer" has the meaning ascribed to it in
19            Section 2-3.5 of the Criminal Code of 2012.
20            For purposes of clause (v), "emergency medical
21        technician - ambulance", "emergency medical technician -
22         intermediate", "emergency medical technician -
23        paramedic", have the meanings ascribed to them in the
24        Emergency Medical Services (EMS) Systems Act.
25            (d) (i) if the person committed the offense while
26            armed with a firearm, 15 years shall be added to

 

 

HB2471 Engrossed- 26 -LRB099 04989 RLC 25018 b

1            the term of imprisonment imposed by the court;
2                (ii) if, during the commission of the offense,
3            the person personally discharged a firearm, 20
4            years shall be added to the term of imprisonment
5            imposed by the court;
6                (iii) if, during the commission of the
7            offense, the person personally discharged a
8            firearm that proximately caused great bodily harm,
9            permanent disability, permanent disfigurement, or
10            death to another person, 25 years or up to a term
11            of natural life shall be added to the term of
12            imprisonment imposed by the court.
13        (2) (blank);
14        (2.5) for a person convicted under the circumstances
15    described in subdivision (b)(1)(B) of Section 11-1.20 or
16    paragraph (3) of subsection (b) of Section 12-13,
17    subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
18    subsection (d) of Section 12-14, subdivision (b)(1.2) of
19    Section 11-1.40 or paragraph (1.2) of subsection (b) of
20    Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or
21    paragraph (2) of subsection (b) of Section 12-14.1 of the
22    Criminal Code of 1961 or the Criminal Code of 2012, the
23    sentence shall be a term of natural life imprisonment.
24    (b) (Blank).
25    (c) (Blank).
26    (d) Subject to earlier termination under Section 3-3-8, the

 

 

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1parole or mandatory supervised release term shall be written as
2part of the sentencing order and shall be as follows:
3        (1) for first degree murder or a Class X felony except
4    for the offenses of predatory criminal sexual assault of a
5    child, aggravated criminal sexual assault, and criminal
6    sexual assault if committed on or after the effective date
7    of this amendatory Act of the 94th General Assembly and
8    except for the offense of aggravated child pornography
9    under Section 11-20.1B, 11-20.3, or 11-20.1 with
10    sentencing under subsection (c-5) of Section 11-20.1 of the
11    Criminal Code of 1961 or the Criminal Code of 2012, if
12    committed on or after January 1, 2009, 3 years;
13        (2) for a Class 1 felony or a Class 2 felony except for
14    the offense of criminal sexual assault if committed on or
15    after the effective date of this amendatory Act of the 94th
16    General Assembly and except for the offenses of manufacture
17    and dissemination of child pornography under clauses
18    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
19    of 1961 or the Criminal Code of 2012, if committed on or
20    after January 1, 2009, 2 years;
21        (3) for a Class 3 felony or a Class 4 felony, 1 year;
22        (4) for defendants who commit the offense of predatory
23    criminal sexual assault of a child, aggravated criminal
24    sexual assault, or criminal sexual assault, on or after the
25    effective date of this amendatory Act of the 94th General
26    Assembly, or who commit the offense of aggravated child

 

 

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1    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
2    with sentencing under subsection (c-5) of Section 11-20.1
3    of the Criminal Code of 1961 or the Criminal Code of 2012,
4    manufacture of child pornography, or dissemination of
5    child pornography after January 1, 2009, the term of
6    mandatory supervised release shall range from a minimum of
7    3 years to a maximum of the natural life of the 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. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
2096-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.
217-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109,
22eff. 1-1-13; 97-1150, eff. 1-25-13.)