Full Text of HB2471 99th General Assembly
HB2471enr 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Sections 10-2, 11-1.20, 11-1.30, 11-1.40, 12-33, 29D-14.9, and | 6 | | 29D-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 | 10 | | when 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, | 10 | | or other
valuable thing or concession.
| 11 | | (b) Sentence. Aggravated kidnaping
in violation of | 12 | | paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a | 13 | | Class X felony.
A violation of subsection (a)(6) is a Class X | 14 | | felony for which 15 years
shall be added to the term of | 15 | | imprisonment imposed by the court. A violation of
subsection | 16 | | (a)(7) is a Class X felony for which 20 years shall be added to | 17 | | the
term of imprisonment imposed by the court. A violation of | 18 | | subsection (a)(8) is
a Class X felony for which 25 years or up | 19 | | to a term of natural life shall be
added to the term of | 20 | | imprisonment imposed by the court. An offender under the age of | 21 | | 18 years at the time of the commission of aggravated kidnaping | 22 | | in violation of paragraphs (1) through (8) of subsection (a) | 23 | | shall be sentenced under Section 5-4.5-105 of the Unified Code | 24 | | of Corrections.
| 25 | | A person who has attained the age of 18 years at the time | 26 | | of the commission of the offense and who is convicted of a |
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| 1 | | second or subsequent offense of
aggravated kidnaping shall be | 2 | | sentenced to a term of natural life imprisonment; except
that a | 3 | | sentence of natural life imprisonment shall not be
imposed | 4 | | under this Section unless the second or subsequent offense was
| 5 | | committed after conviction on the first offense. An offender | 6 | | under the age of 18 years at the time of the commission of the | 7 | | second or subsequent offense shall be sentenced under Section | 8 | | 5-4.5-105 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 | 13 | | commits 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 | 2 | | that person commits criminal sexual assault and any of the | 3 | | following aggravating circumstances exist during the | 4 | | commission of the offense or, for purposes of paragraph (7), | 5 | | occur as part of the same course of conduct as the commission | 6 | | of 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
| 9 | | that person is under 17 years of age and: (i) commits an act of
| 10 | | sexual penetration with a victim who is under 9 years of age; | 11 | | or (ii) commits an act of sexual penetration with a victim
who | 12 | | is at least 9 years of age but under 13 years of age and the | 13 | | person uses force or threat of force to commit the act.
| 14 | | (c) A person commits aggravated criminal sexual assault if | 15 | | that person commits an act of sexual penetration with a victim | 16 | | who 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. | 7 | | 1-1-12; 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 | 11 | | child if that person is 17 years of age or older, and commits | 12 | | an act of contact, however slight, between the sex organ or | 13 | | anus of one person and the part of the body of another for the | 14 | | purpose of sexual gratification or arousal of the victim or the | 15 | | accused, 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; | 15 | | 98-903, 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 | 19 | | she
knowingly commits any of the following acts with, upon, or | 20 | | in the presence of a child
as part of a ceremony, rite or any | 21 | | similar 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 | 19 | | to 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 | 4 | | person under 18 years of age. | 5 | | (c) Ritualized abuse of a child is a Class 1 felony for a | 6 | | first
offense. A second or subsequent conviction for ritualized | 7 | | abuse of a child
is a Class X felony for which an offender who | 8 | | has attained the age of 18 years at the time of the commission | 9 | | of the offense the offender may be sentenced to a term of
| 10 | | natural life imprisonment and an offender under the age of 18 | 11 | | years at the time of the commission of the offense shall be | 12 | | sentenced under Section 5-4.5-105 of the Unified Code of | 13 | | Corrections .
| 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 | 19 | | the intent to
intimidate or coerce a significant portion of a | 20 | | civilian 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 | 4 | | are caused by the
terrorist act, the sentence
shall be a term | 5 | | of 20 years to natural life imprisonment;
if the terrorist act | 6 | | caused the death of one or more persons, however, a mandatory | 7 | | term
of natural life imprisonment shall be the sentence if the | 8 | | death
penalty is not imposed and the person has attained the | 9 | | age of 18 years at the time of the commission of the offense. | 10 | | An offender under the age of 18 years at the time of the | 11 | | commission of the offense shall be sentenced under Section | 12 | | 5-4.5-105 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 | 17 | | of terrorism when
he or she renders criminal assistance to a | 18 | | person who has committed
terrorism as defined in Section | 19 | | 29D-14.9 or caused a catastrophe as defined in
Section 29D-15.1 | 20 | | of this
Code when he or she knows that the person to whom he or | 21 | | she rendered criminal
assistance engaged in an act of terrorism | 22 | | or caused a catastrophe.
| 23 | | (b) Hindering prosecution of terrorism is a Class X felony, | 24 | | the sentence for
which shall be a term of 20 years to natural | 25 | | life imprisonment if no death was
caused by the act of |
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| 1 | | terrorism committed by the person to whom the defendant
| 2 | | rendered criminal assistance and a mandatory term of natural | 3 | | life imprisonment
if death was caused by the act of terrorism | 4 | | committed by the person to whom the
defendant rendered criminal | 5 | | assistance. An offender under the age of 18 years at the time | 6 | | of the commission of the offense shall be sentenced under | 7 | | Section 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 | 10 | | changing Sections 5-4.5-95 and 5-8-1 and by adding Section | 11 | | 5-4.5-105 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 | 12 | | convicted of a Class 1 or Class 2 felony, after having twice | 13 | | been convicted in any state or federal court of an offense that | 14 | | contains the same elements as an offense now (the date the | 15 | | Class 1 or Class 2 felony was committed) classified in Illinois | 16 | | as a Class 2 or greater Class felony and those charges are | 17 | | separately brought and tried and arise out of different series | 18 | | of acts, that defendant shall be sentenced as a Class X | 19 | | offender. 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 |
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| 1 | | subsection (b) is not eligible to apply for treatment as a | 2 | | condition of probation as provided by Section 40-10 of the | 3 | | Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS | 4 | | 301/40-10).
| 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 | 8 | | 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. | 9 | | (a) On or after the effective date of this amendatory Act | 10 | | of the 99th General Assembly, when a person commits an offense | 11 | | and the person is under 18 years of age at the time of the | 12 | | commission of the offense, the court, at the sentencing hearing | 13 | | conducted under Section 5-4-1, shall consider the following | 14 | | additional factors in mitigation in determining the | 15 | | appropriate 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 | 19 | | sentence the defendant to any disposition authorized for the | 20 | | class of the offense of which he or she was found guilty as | 21 | | described in Article 4.5 of this Code, and may, in its | 22 | | discretion, decline to impose any otherwise applicable | 23 | | sentencing enhancement based upon firearm possession, | 24 | | possession with personal discharge, or possession with | 25 | | personal discharge that proximately causes great bodily harm, | 26 | | permanent disability, permanent disfigurement, or death to |
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| 1 | | another person. | 2 | | (c) Notwithstanding any other provision of law, if the | 3 | | defendant is convicted of first degree murder and would | 4 | | otherwise be subject to sentencing under clause (iii), (iv), | 5 | | (v), or (vii) of subsection (c) of Section 5-8-1 of this Code | 6 | | based on the category of persons identified therein, the court | 7 | | shall impose a sentence of not less than 40 years of | 8 | | imprisonment. In addition, the court may, in its discretion, | 9 | | decline to impose the sentencing enhancements based upon the | 10 | | possession or use of a firearm during the commission of the | 11 | | offense 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 | 14 | | use of a firearm; mandatory supervised release terms.
| 15 | | (a) Except as otherwise provided in the statute defining | 16 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 17 | | imprisonment for a felony shall be a determinate sentence set | 18 | | by
the court under this Section, according to the following | 19 | | limitations:
| 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 |
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| 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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| 1 | | parole or mandatory
supervised release term shall be written as | 2 | | part 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; | 20 | | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | 21 | | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, | 22 | | eff. 1-1-13; 97-1150, eff. 1-25-13.)
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