Full Text of HB1929 98th General Assembly
HB1929eng 98TH 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 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, according to the following | 13 | | 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 (a)(1)(c) | 20 | | of this Section, that any of the aggravating factors
| 21 | | listed in subsection (b) or (b-5) of Section 9-1 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012 are
| 23 | | present, the court may sentence the defendant to a term |
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| 1 | | of natural life
imprisonment, or
| 2 | | (c) the court shall sentence the defendant to a | 3 | | term of natural life
imprisonment when the death | 4 | | penalty is not imposed if the defendant,
| 5 | | (i) has previously been convicted of first | 6 | | degree murder under
any state or federal law, or
| 7 | | (ii) is a person who, at the time of the | 8 | | commission of the murder,
had attained the age of | 9 | | 18 or more and is found guilty of murdering an
| 10 | | individual under 12 years of age; or, irrespective | 11 | | of the defendant's age at
the time of the | 12 | | commission of the offense, is a person who, at the | 13 | | time of the commission of the murder,
had attained | 14 | | the age of 17 or more and is found guilty of | 15 | | murdering an
individual under 12 years of age; or, | 16 | | irrespective of the defendant's age at
the time of | 17 | | the commission of the offense, is found guilty of | 18 | | murdering more
than one victim, or
| 19 | | (iii) is found guilty of murdering a peace | 20 | | officer, fireman, or emergency management worker | 21 | | when
the peace officer, fireman, or emergency | 22 | | management worker was killed in the course of | 23 | | performing his
official duties, or to prevent the | 24 | | peace officer or fireman from
performing his | 25 | | official duties, or in retaliation for the peace | 26 | | officer,
fireman, or emergency management worker |
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| 1 | | from performing his official duties, and the | 2 | | defendant knew or should
have known that the | 3 | | murdered individual was a peace officer, fireman, | 4 | | or emergency management worker, or
| 5 | | (iv) is found guilty of murdering an employee | 6 | | of an institution or
facility of the Department of | 7 | | Corrections, or any similar local
correctional | 8 | | agency, when the employee was killed in the course | 9 | | of
performing his official duties, or to prevent | 10 | | the employee from performing
his official duties, | 11 | | or in retaliation for the employee performing his
| 12 | | official duties, or
| 13 | | (v) is found guilty of murdering an emergency | 14 | | medical
technician - ambulance, emergency medical | 15 | | technician - intermediate, emergency
medical | 16 | | technician - paramedic, ambulance driver or other | 17 | | medical assistance or
first aid person while | 18 | | employed by a municipality or other governmental | 19 | | unit
when the person was killed in the course of | 20 | | performing official duties or
to prevent the | 21 | | person from performing official duties or in | 22 | | retaliation
for performing official duties and the | 23 | | defendant knew or should have known
that the | 24 | | murdered individual was an emergency medical | 25 | | technician - ambulance,
emergency medical | 26 | | technician - intermediate, emergency medical
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| 1 | | technician - paramedic, ambulance driver, or other | 2 | | medical
assistant or first aid personnel, or
| 3 | | (vi) is a person who, at the time of the | 4 | | commission of the murder,
had not attained the age | 5 | | of 17, and is found guilty of murdering a person | 6 | | under
12 years of age and the murder is committed | 7 | | during the course of aggravated
criminal sexual | 8 | | assault, criminal sexual assault, or aggravated | 9 | | kidnaping,
or
| 10 | | (vii) is found guilty of first degree murder | 11 | | and the murder was
committed by reason of any | 12 | | person's activity as a community policing | 13 | | volunteer
or to prevent any person from engaging in | 14 | | activity as a community policing
volunteer. For | 15 | | the purpose of this Section, "community policing | 16 | | volunteer"
has the meaning ascribed to it in | 17 | | Section 2-3.5 of the Criminal Code of 2012.
| 18 | | For purposes of clause (v), "emergency medical | 19 | | technician - ambulance",
"emergency medical technician - | 20 | | intermediate", "emergency medical technician -
| 21 | | paramedic", have the meanings ascribed to them in the | 22 | | Emergency Medical
Services (EMS) Systems Act.
| 23 | | (d) (i) if the person committed the offense while | 24 | | armed with a
firearm, 15 years shall be added to | 25 | | the term of imprisonment imposed by the
court;
| 26 | | (ii) if, during the commission of the offense, |
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| 1 | | the person
personally discharged a firearm, 20 | 2 | | years shall be added to the term of
imprisonment | 3 | | imposed by the court;
| 4 | | (iii) if, during the commission of the | 5 | | offense, the person
personally discharged a | 6 | | firearm that proximately caused great bodily harm,
| 7 | | permanent disability, permanent disfigurement, or | 8 | | death to another person, 25
years or up to a term | 9 | | of natural life shall be added to the term of
| 10 | | imprisonment imposed by the court.
| 11 | | (2) (blank);
| 12 | | (2.5) for a person convicted under the circumstances | 13 | | described in subdivision (b)(1)(B) of Section 11-1.20 or
| 14 | | paragraph (3) of subsection (b) of Section 12-13, | 15 | | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | 16 | | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | 17 | | Section 11-1.40 or paragraph (1.2) of subsection (b) of
| 18 | | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | 19 | | paragraph (2) of subsection (b) of Section 12-14.1
of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012, the | 21 | | sentence shall be a term of natural life
imprisonment.
| 22 | | (b) (Blank).
| 23 | | (c) (Blank).
| 24 | | (d) Subject to
earlier termination under Section 3-3-8, the | 25 | | parole or mandatory
supervised release term shall be written as | 26 | | part of the sentencing order and shall be as follows:
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| 1 | | (1) for first degree murder or a Class X felony except | 2 | | for the offenses of predatory criminal sexual assault of a | 3 | | child, aggravated criminal sexual assault, and criminal | 4 | | sexual assault if committed on or after the effective date | 5 | | of this amendatory Act of the 94th General Assembly and | 6 | | except for the offense of aggravated child pornography | 7 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 8 | | sentencing under subsection (c-5) of Section 11-20.1 of the | 9 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 10 | | committed on or after January 1, 2009, 3 years;
| 11 | | (2) for a Class 1 felony or a Class 2 felony except for | 12 | | the offense of criminal sexual assault if committed on or | 13 | | after the effective date of this amendatory Act of the 94th | 14 | | General Assembly and except for the offenses of manufacture | 15 | | and dissemination of child pornography under clauses | 16 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 17 | | of 1961 or the Criminal Code of 2012, if committed on or | 18 | | after January 1, 2009, 2 years;
| 19 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 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 the | 23 | | effective date of this amendatory Act of the 94th General | 24 | | Assembly, 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 home detention program under Article 8A of | 11 | | 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 | | (e) (Blank).
| 16 | | (f) (Blank).
| 17 | | (g) In People v. Wooters, 188 Ill. 2d 500 (1999), the | 18 | | Illinois Supreme
Court declared that Public Act 89-203 violates | 19 | | the single subject rule
of the Illinois Constitution (ILCON | 20 | | Art. IV, Sec. 8) by including certain
provisions relating to | 21 | | mortgage foreclosure in a bill otherwise relating to
crime. It | 22 | | is the purpose of this amendatory Act of the 98th General | 23 | | Assembly to re-enact and modify the provision relating
to the | 24 | | imposition of a mandatory term of natural life
imprisonment if | 25 | | the defendant is found guilty of murdering an
individual under | 26 | | 12 years of age. It is also the intent of this amendatory Act |
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| 1 | | to comply with the United States Supreme Court decision of | 2 | | Miller v. Alabama which prohibits mandatory sentences of life | 3 | | imprisonment without parole for murder where the defendant was | 4 | | under 18 years of age at the time of the commission of the | 5 | | offense. | 6 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | 7 | | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | 8 | | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, | 9 | | eff. 1-1-13; 97-1150, eff. 1-25-13.)
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