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Full Text of HB1095  102nd General Assembly

HB1095sam002 102ND GENERAL ASSEMBLY

Sen. Robert Peters

Filed: 11/30/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1095

2    AMENDMENT NO. ______. Amend House Bill 1095, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 1, on page 26, by replacing lines 5 through 7 with "in the
5presence of another law enforcement officer."; and
 
6on page 43, line 13, after "counties", by inserting "with a
7population of 3,000,000 or less"; and
 
8on page 130, by replacing lines 12 through 19 with the
9following:
 
10    "(b) Whoever, having been released pretrial under
11conditions for appearance before any court of this State,
12while charged with a criminal offense in which the victim is a
13family or household member as defined in Article 112A of the
14Code of Criminal Procedure of 1963, knowingly violates a
15condition of that release as set forth in Section 110-10,

 

 

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1subsection (d) of the Code of Criminal Procedure of 1963,
2commits a Class A misdemeanor."; and
 
3on page 163, line 10, by deleting "Section 214 of"; and
 
4on page 282, line 5, after "Sections", by inserting "5-8-1,";
5and
 
6on page 282, by inserting immediately below line 6 the
7following:
 
8    "(730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
9    Sec. 5-8-1. Natural life imprisonment; enhancements for
10use of a firearm; mandatory supervised release terms.
11    (a) Except as otherwise provided in the statute defining
12the offense or in Article 4.5 of Chapter V, a sentence of
13imprisonment for a felony shall be a determinate sentence set
14by the court under this Section, subject to Section 5-4.5-115
15of this Code, according to the following limitations:
16        (1) for first degree murder,
17            (a) (blank),
18            (b) if a trier of fact finds beyond a reasonable
19        doubt that the murder was accompanied by exceptionally
20        brutal or heinous behavior indicative of wanton
21        cruelty or, except as set forth in subsection
22        (a)(1)(c) of this Section, that any of the aggravating

 

 

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1        factors listed in subsection (b) or (b-5) of Section
2        9-1 of the Criminal Code of 1961 or the Criminal Code
3        of 2012 are present, the court may sentence the
4        defendant, subject to Section 5-4.5-105, to a term of
5        natural life imprisonment, or
6            (c) the court shall sentence the defendant to a
7        term of natural life imprisonment if the defendant, at
8        the time of the commission of the murder, had attained
9        the age of 18, and:
10                (i) has previously been convicted of first
11            degree murder under any state or federal law, or
12                (ii) is found guilty of murdering more than
13            one victim, or
14                (iii) is found guilty of murdering a peace
15            officer, fireman, or emergency management worker
16            when the peace officer, fireman, or emergency
17            management worker was killed in the course of
18            performing his official duties, or to prevent the
19            peace officer or fireman from performing his
20            official duties, or in retaliation for the peace
21            officer, fireman, or emergency management worker
22            from performing his official duties, and the
23            defendant knew or should have known that the
24            murdered individual was a peace officer, fireman,
25            or emergency management worker, or
26                (iv) is found guilty of murdering an employee

 

 

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

 

 

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1            person's activity as a community policing
2            volunteer or to prevent any person from engaging
3            in activity as a community policing volunteer. For
4            the purpose of this Section, "community policing
5            volunteer" has the meaning ascribed to it in
6            Section 2-3.5 of the Criminal Code of 2012.
7            For purposes of clause (v), "emergency medical
8        technician - ambulance", "emergency medical technician -
9         intermediate", "emergency medical technician -
10        paramedic", have the meanings ascribed to them in the
11        Emergency Medical Services (EMS) Systems Act.
12            (d)(i) if the person committed the offense while
13            armed with a firearm, 15 years shall be added to
14            the term of imprisonment imposed by the court;
15            (ii) if, during the commission of the offense, the
16        person personally discharged a firearm, 20 years shall
17        be added to the term of imprisonment imposed by the
18        court;
19            (iii) if, during the commission of the offense,
20        the person personally discharged a firearm that
21        proximately caused great bodily harm, permanent
22        disability, permanent disfigurement, or death to
23        another person, 25 years or up to a term of natural
24        life shall be added to the term of imprisonment
25        imposed by the court.
26        (2) (blank);

 

 

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1        (2.5) for a person who has attained the age of 18 years
2    at the time of the commission of the offense and who is
3    convicted under the circumstances described in subdivision
4    (b)(1)(B) of Section 11-1.20 or paragraph (3) of
5    subsection (b) of Section 12-13, subdivision (d)(2) of
6    Section 11-1.30 or paragraph (2) of subsection (d) of
7    Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
8    paragraph (1.2) of subsection (b) of Section 12-14.1,
9    subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
10    subsection (b) of Section 12-14.1 of the Criminal Code of
11    1961 or the Criminal Code of 2012, the sentence shall be a
12    term of natural life imprisonment.
13    (b) (Blank).
14    (c) (Blank).
15    (d) Subject to earlier termination under Section 3-3-8,
16the parole or mandatory supervised release term shall be
17written as part of the sentencing order and shall be as
18follows:
19        (1) for first degree murder or for the offenses of
20    predatory criminal sexual assault of a child, aggravated
21    criminal sexual assault, and criminal sexual assault if
22    committed on or before December 12, 2005, 3 years;
23        (1.5) except as provided in paragraph (7) of this
24    subsection (d), for a Class X felony except for the
25    offenses of predatory criminal sexual assault of a child,
26    aggravated criminal sexual assault, and criminal sexual

 

 

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1    assault if committed on or after December 13, 2005 (the
2    effective date of Public Act 94-715) and except for the
3    offense of aggravated child pornography under Section
4    11-20.1B, 11-20.3, or 11-20.1 with sentencing under
5    subsection (c-5) of Section 11-20.1 of the Criminal Code
6    of 1961 or the Criminal Code of 2012, if committed on or
7    after January 1, 2009, 18 months;
8        (2) except as provided in paragraph (7) of this
9    subsection (d), for a Class 1 felony or a Class 2 felony
10    except for the offense of criminal sexual assault if
11    committed on or after December 13, 2005 (the effective
12    date of Public Act 94-715) and except for the offenses of
13    manufacture and dissemination of child pornography under
14    clauses (a)(1) and (a)(2) of Section 11-20.1 of the
15    Criminal Code of 1961 or the Criminal Code of 2012, if
16    committed on or after January 1, 2009, 12 months;
17        (3) except as provided in paragraph (4), (6), or (7)
18    of this subsection (d), a mandatory supervised release
19    term shall not be imposed for a Class 3 felony or a Class 4
20    felony, 6 months; no later than 45 days after the onset of
21    the term of mandatory supervised release, the Prisoner
22    Review Board shall conduct a discretionary discharge
23    review pursuant to the provisions of Section 3-3-8, which
24    shall include the results of a standardized risk and needs
25    assessment tool administered by the Department of
26    Corrections; the changes to this paragraph (3) made by

 

 

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1    this amendatory Act of the 102nd General Assembly apply to
2    all individuals released on mandatory supervised release
3    on or after the effective date of this amendatory Act of
4    the 102nd General Assembly, including those individuals
5    whose sentences were imposed prior to the effective date
6    of this amendatory Act of the 102nd General Assembly; ;
7    unless:
8            (A) the Prisoner Review Board, based on a
9        validated risk and needs assessment, determines it is
10        necessary for an offender to serve a mandatory
11        supervised release term;
12            (B) if the Prisoner Review Board determines a
13        mandatory supervised release term is necessary
14        pursuant to subparagraph (A) of this paragraph (3),
15        the Prisoner Review Board shall specify the maximum
16        number of months of mandatory supervised release the
17        offender may serve, limited to a term of: (i) 12 months
18        for a Class 3 felony; and (ii) 12 months for a Class 4
19        felony;
20        (4) for defendants who commit the offense of predatory
21    criminal sexual assault of a child, aggravated criminal
22    sexual assault, or criminal sexual assault, on or after
23    December 13, 2005 (the effective date of Public Act
24    94-715), or who commit the offense of aggravated child
25    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
26    with sentencing under subsection (c-5) of Section 11-20.1

 

 

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1    of the Criminal Code of 1961 or the Criminal Code of 2012,
2    manufacture of child pornography, or dissemination of
3    child pornography after January 1, 2009, the term of
4    mandatory supervised release shall range from a minimum of
5    3 years to a maximum of the natural life of the defendant;
6        (5) if the victim is under 18 years of age, for a
7    second or subsequent offense of aggravated criminal sexual
8    abuse or felony criminal sexual abuse, 4 years, at least
9    the first 2 years of which the defendant shall serve in an
10    electronic monitoring or home detention program under
11    Article 8A of Chapter V of this Code;
12        (6) for a felony domestic battery, aggravated domestic
13    battery, stalking, aggravated stalking, and a felony
14    violation of an order of protection, 4 years;
15        (7) for any felony described in paragraph (a)(2)(ii),
16    (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
17    (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
18    3-6-3 of the Unified Code of Corrections requiring an
19    inmate to serve a minimum of 85% of their court-imposed
20    sentence, except for the offenses of predatory criminal
21    sexual assault of a child, aggravated criminal sexual
22    assault, and criminal sexual assault if committed on or
23    after December 13, 2005 (the effective date of Public Act
24    94-715) and except for the offense of aggravated child
25    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
26    with sentencing under subsection (c-5) of Section 11-20.1

 

 

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1    of the Criminal Code of 1961 or the Criminal Code of 2012,
2    if committed on or after January 1, 2009 and except as
3    provided in paragraph (4) or paragraph (6) of this
4    subsection (d), the term of mandatory supervised release
5    shall be as follows:
6            (A) Class X felony, 3 years;
7            (B) Class 1 or Class 2 felonies, 2 years;
8            (C) Class 3 or Class 4 felonies, 1 year.
9    (e) (Blank).
10    (f) (Blank).
11    (g) Notwithstanding any other provisions of this Act and
12of Public Act 101-652: (i) the provisions of paragraph (3) of
13subsection (d) are effective on July 1, 2022 and shall apply to
14all individuals convicted on or after the effective date of
15paragraph (3) of subsection (d); and (ii) the provisions of
16paragraphs (1.5) and (2) of subsection (d) are effective on
17July 1, 2021 and shall apply to all individuals convicted on or
18after the effective date of paragraphs (1.5) and (2) of
19subsection (d).
20(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
21102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
221-7-22.)".