Full Text of HB3659 102nd General Assembly
HB3659 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3659 Introduced 2/22/2021, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-3-8 | from Ch. 38, par. 1003-3-8 | 730 ILCS 5/5-8-1 | from Ch. 38, par. 1005-8-1 |
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Amends the Unified Code of Corrections. Provides that a mandatory supervised release term shall not be imposed for a Class 4 felony. Makes conforming changes.
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| | A BILL FOR |
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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 Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-8 and 5-8-1 as follows:
| 6 | | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| 7 | | Sec. 3-3-8. Length of parole and mandatory supervised
| 8 | | release; discharge. | 9 | | (a) The length of parole
for a person sentenced under the | 10 | | law in effect prior to
the effective date of this amendatory | 11 | | Act of 1977 and the
length of mandatory supervised release for | 12 | | those sentenced
under the law in effect on and after such | 13 | | effective date
shall be as set out in Section 5-8-1 unless | 14 | | sooner terminated
under paragraph (b) or otherwise provided | 15 | | under paragraph (b-5) of this Section.
| 16 | | (b) The Prisoner Review Board may enter an order
releasing | 17 | | and discharging one from parole or mandatory
supervised | 18 | | release, and his or her commitment to the Department,
when it | 19 | | determines that he or she is likely to remain at liberty
| 20 | | without committing another offense.
| 21 | | (b-1) Provided that the subject is in compliance with the | 22 | | terms and conditions of his or her parole or mandatory | 23 | | supervised release, the Prisoner Review Board may reduce the |
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| 1 | | period of a parolee or releasee's parole or mandatory | 2 | | supervised release by 90 days upon the parolee or releasee | 3 | | receiving a high school diploma or upon passage of high school | 4 | | equivalency testing during the period of his or her parole or | 5 | | mandatory supervised release. This reduction in the period of | 6 | | a subject's term of parole or mandatory supervised release | 7 | | shall be available only to subjects who have not previously | 8 | | earned a high school diploma or who have not previously passed | 9 | | high school equivalency testing. | 10 | | (b-2) The Prisoner Review Board may release a low-risk and | 11 | | need subject person from mandatory supervised release as | 12 | | determined by an appropriate evidence-based risk and need | 13 | | assessment. | 14 | | (b-5) Notwithstanding any provision of law to the | 15 | | contrary, a mandatory supervised release term shall not be | 16 | | imposed for a Class 4 felony. | 17 | | (c) The order of discharge shall become effective upon | 18 | | entry of the
order of the Board. The Board shall notify the | 19 | | clerk of the committing
court of the order. Upon receipt of | 20 | | such copy, the clerk shall make an
entry on the record judgment | 21 | | that the sentence or commitment has been
satisfied pursuant to | 22 | | the order.
| 23 | | (d) Rights of the person discharged under this
Section | 24 | | shall be restored under Section 5-5-5.
| 25 | | (Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3, | 26 | | eff. 1-1-18 .)
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| 1 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 2 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 3 | | use of a firearm; mandatory supervised release terms.
| 4 | | (a) Except as otherwise provided in the statute defining | 5 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 6 | | imprisonment for a felony shall be a determinate sentence set | 7 | | by
the court under this Section, subject to Section 5-4.5-115 | 8 | | of this Code, according to the following limitations:
| 9 | | (1) for first degree murder,
| 10 | | (a) (blank),
| 11 | | (b) if a trier of fact finds beyond a reasonable
| 12 | | doubt that the murder was accompanied by exceptionally
| 13 | | brutal or heinous behavior indicative of wanton | 14 | | cruelty or, except as set forth
in subsection | 15 | | (a)(1)(c) of this Section, that any of the aggravating | 16 | | factors
listed in subsection (b) or (b-5) of Section | 17 | | 9-1 of the Criminal Code of 1961 or the Criminal Code | 18 | | of 2012 are
present, the court may sentence the | 19 | | defendant, subject to Section 5-4.5-105, to a term of | 20 | | natural life
imprisonment, or
| 21 | | (c) the court shall sentence the defendant to a | 22 | | term of natural life
imprisonment if the defendant, at | 23 | | the time of the commission of the murder, had attained | 24 | | the age of 18, and
| 25 | | (i) has previously been convicted of first |
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| 1 | | degree murder under
any state or federal law, or
| 2 | | (ii) is found guilty of murdering more
than | 3 | | one victim, or
| 4 | | (iii) is found guilty of murdering a peace | 5 | | officer, fireman, or emergency management worker | 6 | | when
the peace officer, fireman, or emergency | 7 | | management worker was killed in the course of | 8 | | performing his
official duties, or to prevent the | 9 | | peace officer or fireman from
performing his | 10 | | official duties, or in retaliation for the peace | 11 | | officer,
fireman, or emergency management worker | 12 | | from performing his official duties, and the | 13 | | defendant knew or should
have known that the | 14 | | murdered individual was a peace officer, fireman, | 15 | | or emergency management worker, or
| 16 | | (iv) is found guilty of murdering an employee | 17 | | of an institution or
facility of the Department of | 18 | | Corrections, or any similar local
correctional | 19 | | agency, when the employee was killed in the course | 20 | | of
performing his official duties, or to prevent | 21 | | the employee from performing
his official duties, | 22 | | or in retaliation for the employee performing his
| 23 | | official duties, or
| 24 | | (v) is found guilty of murdering an emergency | 25 | | medical
technician - ambulance, emergency medical | 26 | | technician - intermediate, emergency
medical |
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| 1 | | technician - paramedic, ambulance driver or other | 2 | | medical assistance or
first aid person while | 3 | | employed by a municipality or other governmental | 4 | | unit
when the person was killed in the course of | 5 | | performing official duties or
to prevent the | 6 | | person from performing official duties or in | 7 | | retaliation
for performing official duties and the | 8 | | defendant knew or should have known
that the | 9 | | murdered individual was an emergency medical | 10 | | technician - ambulance,
emergency medical | 11 | | technician - intermediate, emergency medical
| 12 | | technician - paramedic, ambulance driver, or other | 13 | | medical
assistant or first aid personnel, or
| 14 | | (vi) (blank), or
| 15 | | (vii) is found guilty of first degree murder | 16 | | and the murder was
committed by reason of any | 17 | | person's activity as a community policing | 18 | | volunteer
or to prevent any person from engaging | 19 | | in activity as a community policing
volunteer. For | 20 | | the purpose of this Section, "community policing | 21 | | volunteer"
has the meaning ascribed to it in | 22 | | Section 2-3.5 of the Criminal Code of 2012.
| 23 | | For purposes of clause (v), "emergency medical | 24 | | technician - ambulance",
"emergency medical technician - | 25 | | intermediate", "emergency medical technician -
| 26 | | paramedic", have the meanings ascribed to them in the |
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| 1 | | Emergency Medical
Services (EMS) Systems Act.
| 2 | | (d)(i) if the person committed the offense while | 3 | | armed with a
firearm, 15 years shall be added to | 4 | | the term of imprisonment imposed by the
court;
| 5 | | (ii) if, during the commission of the offense, the | 6 | | person
personally discharged a firearm, 20 years shall | 7 | | be added to the term of
imprisonment imposed by the | 8 | | court;
| 9 | | (iii) if, during the commission of the offense, | 10 | | the person
personally discharged a firearm that | 11 | | proximately caused great bodily harm,
permanent | 12 | | disability, permanent disfigurement, or death to | 13 | | another person, 25
years or up to a term of natural | 14 | | life shall be added to the term of
imprisonment | 15 | | imposed by the court.
| 16 | | (2) (blank);
| 17 | | (2.5) for a person who has attained the age of 18 years
| 18 | | at the time of the commission of the offense and
who is | 19 | | convicted under the circumstances described in subdivision | 20 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of | 21 | | subsection (b) of Section 12-13, subdivision (d)(2) of | 22 | | Section 11-1.30 or paragraph (2) of subsection
(d) of | 23 | | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | 24 | | paragraph (1.2) of subsection (b) of
Section 12-14.1, | 25 | | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | 26 | | subsection (b) of Section 12-14.1
of the Criminal Code of |
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| 1 | | 1961 or the Criminal Code of 2012, the sentence shall be a | 2 | | term of natural life
imprisonment.
| 3 | | (b) (Blank).
| 4 | | (c) (Blank).
| 5 | | (d) Subject to
earlier termination under Section 3-3-8, | 6 | | the parole or mandatory
supervised release term shall be | 7 | | written as part of the sentencing order and shall be as | 8 | | follows:
| 9 | | (1) for first degree murder or a Class X felony except | 10 | | for the offenses of predatory criminal sexual assault of a | 11 | | child, aggravated criminal sexual assault, and criminal | 12 | | sexual assault if committed on or after the effective date | 13 | | of this amendatory Act of the 94th General Assembly and | 14 | | except for the offense of aggravated child pornography | 15 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 16 | | sentencing under subsection (c-5) of Section 11-20.1 of | 17 | | the Criminal Code of 1961 or the Criminal Code of 2012, if | 18 | | committed on or after January 1, 2009, 3 years;
| 19 | | (2) for a Class 1 felony or a Class 2 felony except for | 20 | | the offense of criminal sexual assault if committed on or | 21 | | after the effective date of this amendatory Act of the | 22 | | 94th General Assembly and except for the offenses of | 23 | | manufacture and dissemination of child pornography under | 24 | | clauses (a)(1) and (a)(2) of Section 11-20.1 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 26 | | committed on or after January 1, 2009, 2 years;
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| 1 | | (3) for a Class 3 felony or a Class 4 felony , 1 year;
| 2 | | (4) for defendants who commit the offense of predatory | 3 | | criminal sexual assault of a child, aggravated criminal | 4 | | sexual assault, or criminal sexual assault, on or after | 5 | | the effective date of this amendatory Act of the 94th | 6 | | General Assembly, or who commit the offense of aggravated | 7 | | child pornography under Section 11-20.1B, 11-20.3, or | 8 | | 11-20.1 with sentencing under subsection (c-5) of Section | 9 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 10 | | of 2012, manufacture of child pornography, or | 11 | | dissemination of child pornography after January 1, 2009, | 12 | | the term of mandatory supervised release shall range from | 13 | | a minimum of 3 years to a maximum of the natural life of | 14 | | the defendant;
| 15 | | (5) if the victim is under 18 years of age, for a | 16 | | second or subsequent
offense of aggravated criminal sexual | 17 | | abuse or felony criminal sexual abuse,
4 years, at least | 18 | | the first 2 years of which the defendant shall serve in an
| 19 | | electronic monitoring or home detention program under | 20 | | Article 8A of Chapter V of this Code;
| 21 | | (6) for a felony domestic battery, aggravated domestic | 22 | | battery, stalking, aggravated stalking, and a felony | 23 | | violation of an order of protection, 4 years. | 24 | | (e) (Blank).
| 25 | | (f) (Blank).
| 26 | | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; |
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| 1 | | 101-288, eff. 1-1-20 .)
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