Full Text of SB2199 102nd General Assembly
SB2199 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2199 Introduced 2/26/2021, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-8-1 | from Ch. 38, par. 1005-8-1 | 720 ILCS 5/8-4 | from Ch. 38, par. 8-4 |
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Amends the Unified Code of Corrections. Provides that specified firearm sentencing enhancements are discretionary.
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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 Section 5-8-1 as follows:
| 6 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 7 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 8 | | use of a firearm; mandatory supervised release terms.
| 9 | | (a) Except as otherwise provided in the statute defining | 10 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 11 | | imprisonment for a felony shall be a determinate sentence set | 12 | | by
the court under this Section, subject to Section 5-4.5-115 | 13 | | of this Code, according to the following limitations:
| 14 | | (1) for first degree murder,
| 15 | | (a) (blank),
| 16 | | (b) if a trier of fact finds beyond a reasonable
| 17 | | doubt that the murder was accompanied by exceptionally
| 18 | | brutal or heinous behavior indicative of wanton | 19 | | cruelty or, except as set forth
in subsection | 20 | | (a)(1)(c) of this Section, that any of the aggravating | 21 | | factors
listed in subsection (b) or (b-5) of Section | 22 | | 9-1 of the Criminal Code of 1961 or the Criminal Code | 23 | | of 2012 are
present, the court may sentence the |
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| 1 | | defendant, subject to Section 5-4.5-105, to a term of | 2 | | natural life
imprisonment, or
| 3 | | (c) the court shall sentence the defendant to a | 4 | | term of natural life
imprisonment if the defendant, at | 5 | | the time of the commission of the murder, had attained | 6 | | the age of 18, and
| 7 | | (i) has previously been convicted of first | 8 | | degree murder under
any state or federal law, or
| 9 | | (ii) is found guilty of murdering more
than | 10 | | one victim, or
| 11 | | (iii) is found guilty of murdering a peace | 12 | | officer, fireman, or emergency management worker | 13 | | when
the peace officer, fireman, or emergency | 14 | | management worker was killed in the course of | 15 | | performing his
official duties, or to prevent the | 16 | | peace officer or fireman from
performing his | 17 | | official duties, or in retaliation for the peace | 18 | | officer,
fireman, or emergency management worker | 19 | | from performing his official duties, and the | 20 | | defendant knew or should
have known that the | 21 | | murdered individual was a peace officer, fireman, | 22 | | or emergency management worker, or
| 23 | | (iv) is found guilty of murdering an employee | 24 | | of an institution or
facility of the Department of | 25 | | Corrections, or any similar local
correctional | 26 | | agency, when the employee was killed in the course |
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| 1 | | of
performing his official duties, or to prevent | 2 | | the employee from performing
his official duties, | 3 | | or in retaliation for the employee performing his
| 4 | | official duties, or
| 5 | | (v) is found guilty of murdering an emergency | 6 | | medical
technician - ambulance, emergency medical | 7 | | technician - intermediate, emergency
medical | 8 | | technician - paramedic, ambulance driver or other | 9 | | medical assistance or
first aid person while | 10 | | employed by a municipality or other governmental | 11 | | unit
when the person was killed in the course of | 12 | | performing official duties or
to prevent the | 13 | | person from performing official duties or in | 14 | | retaliation
for performing official duties and the | 15 | | defendant knew or should have known
that the | 16 | | murdered individual was an emergency medical | 17 | | technician - ambulance,
emergency medical | 18 | | technician - intermediate, emergency medical
| 19 | | technician - paramedic, ambulance driver, or other | 20 | | medical
assistant or first aid personnel, or
| 21 | | (vi) (blank), or
| 22 | | (vii) is found guilty of first degree murder | 23 | | and the murder was
committed by reason of any | 24 | | person's activity as a community policing | 25 | | volunteer
or to prevent any person from engaging | 26 | | in activity as a community policing
volunteer. For |
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| 1 | | the purpose of this Section, "community policing | 2 | | volunteer"
has the meaning ascribed to it in | 3 | | Section 2-3.5 of the Criminal Code of 2012.
| 4 | | For purposes of clause (v), "emergency medical | 5 | | technician - ambulance",
"emergency medical technician - | 6 | | intermediate", "emergency medical technician -
| 7 | | paramedic", have the meanings ascribed to them in the | 8 | | Emergency Medical
Services (EMS) Systems Act.
| 9 | | (d)(i) if the person committed the offense while | 10 | | armed with a
firearm, 15 years may shall be added | 11 | | to the term of imprisonment imposed by the
court;
| 12 | | (ii) if, during the commission of the offense, the | 13 | | person
personally discharged a firearm, 20 years may | 14 | | shall be added to the term of
imprisonment imposed by | 15 | | the court;
| 16 | | (iii) if, during the commission of the offense, | 17 | | the person
personally discharged a firearm that | 18 | | proximately caused great bodily harm,
permanent | 19 | | disability, permanent disfigurement, or death to | 20 | | another person, 25
years or up to a term of natural | 21 | | life may shall be added to the term of
imprisonment | 22 | | imposed by the court.
| 23 | | (2) (blank);
| 24 | | (2.5) for a person who has attained the age of 18 years
| 25 | | at the time of the commission of the offense and
who is | 26 | | convicted under the circumstances described in subdivision |
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| 1 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of | 2 | | subsection (b) of Section 12-13, subdivision (d)(2) of | 3 | | Section 11-1.30 or paragraph (2) of subsection
(d) of | 4 | | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | 5 | | paragraph (1.2) of subsection (b) of
Section 12-14.1, | 6 | | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | 7 | | subsection (b) of Section 12-14.1
of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012, the sentence shall be a | 9 | | term of natural life
imprisonment.
| 10 | | (b) (Blank).
| 11 | | (c) (Blank).
| 12 | | (d) Subject to
earlier termination under Section 3-3-8, | 13 | | the parole or mandatory
supervised release term shall be | 14 | | written as part of the sentencing order and shall be as | 15 | | follows:
| 16 | | (1) for first degree murder or a Class X felony except | 17 | | for the offenses of predatory criminal sexual assault of a | 18 | | child, aggravated criminal sexual assault, and criminal | 19 | | sexual assault if committed on or after the effective date | 20 | | of this amendatory Act of the 94th General Assembly and | 21 | | except for the offense of aggravated child pornography | 22 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 23 | | sentencing under subsection (c-5) of Section 11-20.1 of | 24 | | the Criminal Code of 1961 or the Criminal Code of 2012, if | 25 | | committed on or after January 1, 2009, 3 years;
| 26 | | (2) for a Class 1 felony or a Class 2 felony except for |
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| 1 | | the offense of criminal sexual assault if committed on or | 2 | | after the effective date of this amendatory Act of the | 3 | | 94th General Assembly and except for the offenses of | 4 | | manufacture and dissemination of child pornography under | 5 | | clauses (a)(1) and (a)(2) of Section 11-20.1 of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 7 | | committed on or after January 1, 2009, 2 years;
| 8 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 9 | | (4) for defendants who commit the offense of predatory | 10 | | criminal sexual assault of a child, aggravated criminal | 11 | | sexual assault, or criminal sexual assault, on or after | 12 | | the effective date of this amendatory Act of the 94th | 13 | | General Assembly, or who commit the offense of aggravated | 14 | | child pornography under Section 11-20.1B, 11-20.3, or | 15 | | 11-20.1 with sentencing under subsection (c-5) of Section | 16 | | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | 17 | | of 2012, manufacture of child pornography, or | 18 | | dissemination of child pornography after January 1, 2009, | 19 | | the term of mandatory supervised release shall range from | 20 | | a minimum of 3 years to a maximum of the natural life of | 21 | | the defendant;
| 22 | | (5) if the victim is under 18 years of age, for a | 23 | | second or subsequent
offense of aggravated criminal sexual | 24 | | abuse or felony criminal sexual abuse,
4 years, at least | 25 | | the first 2 years of which the defendant shall serve in an
| 26 | | electronic monitoring or home detention program under |
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| 1 | | Article 8A of Chapter V of this Code;
| 2 | | (6) for a felony domestic battery, aggravated domestic | 3 | | battery, stalking, aggravated stalking, and a felony | 4 | | violation of an order of protection, 4 years. | 5 | | (e) (Blank).
| 6 | | (f) (Blank).
| 7 | | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | 8 | | 101-288, eff. 1-1-20 .) | 9 | | Section 10. The Criminal Code of 2012 is amended by | 10 | | changing Section 8-4 as follows:
| 11 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
| 12 | | Sec. 8-4. Attempt.
| 13 | | (a) Elements of the offense.
| 14 | | A person commits the offense of attempt when, with intent | 15 | | to commit a specific
offense, he or she does any act that | 16 | | constitutes a substantial step toward the
commission of that | 17 | | offense.
| 18 | | (b) Impossibility.
| 19 | | It is not a defense to a charge of attempt that because of | 20 | | a
misapprehension of the circumstances it would have been | 21 | | impossible for
the accused to commit the offense attempted.
| 22 | | (c) Sentence.
| 23 | | A person convicted of attempt may be fined or imprisoned | 24 | | or both
not to exceed the maximum provided for the offense |
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| 1 | | attempted but, except
for an attempt to commit the offense | 2 | | defined in Section 33A-2 of this Code:
| 3 | | (1) the sentence for attempt to commit first degree | 4 | | murder is the
sentence for a Class X felony, except that
| 5 | | (A) an attempt to commit first
degree murder when | 6 | | at least one of the aggravating factors specified in
| 7 | | paragraphs (1), (2), and (12) of subsection (b) of | 8 | | Section 9-1 is present is
a Class X felony for which | 9 | | the sentence shall be a term of imprisonment of
not | 10 | | less than 20 years and not more than 80 years;
| 11 | | (B) an attempt to commit first degree murder while | 12 | | armed with a
firearm is a Class X felony for which 15 | 13 | | years may shall be added to the term of
imprisonment | 14 | | imposed by the court;
| 15 | | (C) an attempt to commit first degree murder | 16 | | during which the person
personally discharged a | 17 | | firearm is a Class X felony for which 20 years may
| 18 | | shall be added to the term of imprisonment imposed by | 19 | | the court;
| 20 | | (D) an attempt to commit first degree murder | 21 | | during which the person
personally discharged a | 22 | | firearm that proximately caused great bodily harm,
| 23 | | permanent disability, permanent disfigurement, or | 24 | | death to
another person is a Class X felony for which | 25 | | 25 years or up to a term of
natural life may shall be | 26 | | added to the term of imprisonment imposed by the |
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| 1 | | court; and
| 2 | | (E) if the defendant proves by a preponderance of | 3 | | the evidence at sentencing that, at the time of the | 4 | | attempted murder, he or she was acting under a sudden | 5 | | and intense passion resulting from serious provocation | 6 | | by the individual whom the defendant endeavored to | 7 | | kill, or another, and, had the individual the | 8 | | defendant endeavored to kill died, the defendant would | 9 | | have negligently or accidentally caused that death, | 10 | | then the sentence for the attempted murder is the | 11 | | sentence for a Class 1 felony;
| 12 | | (2) the sentence for attempt to commit a Class X | 13 | | felony is the sentence
for a Class 1 felony;
| 14 | | (3) the sentence for attempt to commit a Class 1 | 15 | | felony is the sentence
for a Class 2 felony;
| 16 | | (4) the sentence for attempt to commit a Class 2 | 17 | | felony is the sentence
for a Class 3 felony; and
| 18 | | (5) the sentence for attempt to commit any felony | 19 | | other than those
specified in items (1), (2), (3), and (4) | 20 | | of this subsection (c) is
the sentence for a Class A | 21 | | misdemeanor.
| 22 | | (Source: P.A. 96-710, eff. 1-1-10.)
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