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90_HB0163ham002
LRB9001131RCpcam01
1 AMENDMENT TO HOUSE BILL 163
2 AMENDMENT NO. . Amend House Bill 163, on page 3,
3 line 27, by changing "Section 3-14-2" to "Sections 3-14-2 and
4 5-4-1"; and
5 on page 5, by inserting below line 16 the following:
6 "(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 5-4-1. Sentencing Hearing.
9 (a) Except when the death penalty is sought under
10 hearing procedures otherwise specified, after a determination
11 of guilt, a hearing shall be held to impose the sentence.
12 However, prior to the imposition of sentence on an individual
13 being sentenced for an offense based upon a charge for a
14 violation of Section 11-501 of The Illinois Vehicle Code or a
15 similar provision of a local ordinance, the individual must
16 undergo a professional evaluation to determine if an alcohol
17 or other drug abuse problem exists and the extent of such a
18 problem. Programs conducting these evaluations shall be
19 licensed by the Department of Alcoholism and Substance Abuse.
20 However, if the individual is not a resident of Illinois, the
21 court may, in its discretion, accept an evaluation from a
22 program in the state of such individual's residence. The
-2- LRB9001131RCpcam01
1 court may in its sentencing order approve an eligible
2 defendant for placement in a Department of Corrections impact
3 incarceration program as provided in Section 5-8-1.1. At the
4 hearing the court shall:
5 (1) consider the evidence, if any, received upon
6 the trial;
7 (2) consider any presentence reports;
8 (3) consider the financial impact of incarceration
9 based on the financial impact statement filed with the
10 clerk of the court by the Department of Corrections;
11 (4) consider evidence and information offered by
12 the parties in aggravation and mitigation;
13 (5) hear arguments as to sentencing alternatives;
14 (6) afford the defendant the opportunity to make a
15 statement in his own behalf;
16 (7) afford the victim of a violent crime or a
17 violation of Section 11-501 of the Illinois Vehicle Code,
18 or a similar provision of a local ordinance, committed by
19 the defendant the opportunity to make a statement
20 concerning the impact on the victim and to offer evidence
21 in aggravation or mitigation; provided that the statement
22 and evidence offered in aggravation or mitigation must
23 first be prepared in writing in conjunction with the
24 State's Attorney before it may be presented orally at the
25 hearing. Any sworn testimony offered by the victim is
26 subject to the defendant's right to cross-examine. All
27 statements and evidence offered under this paragraph (7)
28 shall become part of the record of the court; and
29 (8) in cases of reckless homicide afford the
30 victim's spouse, guardians, parents or other immediate
31 family members an opportunity to make oral statements.
32 (b) All sentences shall be imposed by the judge based
33 upon his independent assessment of the elements specified
34 above and any agreement as to sentence reached by the
-3- LRB9001131RCpcam01
1 parties. The judge who presided at the trial or the judge
2 who accepted the plea of guilty shall impose the sentence
3 unless he is no longer sitting as a judge in that court.
4 Where the judge does not impose sentence at the same time on
5 all defendants who are convicted as a result of being
6 involved in the same offense, the defendant or the State's
7 attorney may advise the sentencing court of the disposition
8 of any other defendants who have been sentenced.
9 (c) In imposing a sentence for a violent crime or for an
10 offense of operating or being in physical control of a
11 vehicle while under the influence of alcohol, any other drug
12 or any combination thereof, or a similar provision of a local
13 ordinance, when such offense resulted in the personal injury
14 to someone other than the defendant, the trial judge shall
15 specify on the record the particular evidence, information,
16 factors in mitigation and aggravation or other reasons that
17 led to his sentencing determination. The full verbatim record
18 of the sentencing hearing shall be filed with the clerk of
19 the court and shall be a public record.
20 (c-1) In imposing a sentence for the offense of
21 aggravated kidnapping for ransom, home invasion, armed
22 robbery, aggravated vehicular hijacking, aggravated discharge
23 of a firearm, or armed violence with a category I weapon or
24 category II weapon, the trial judge shall make a finding as
25 to whether the conduct leading to conviction for the offense
26 resulted in great bodily harm to a victim, and shall enter
27 that finding and the basis for that finding in the record.
28 (c-2) If the defendant is sentenced to prison, other
29 than when a sentence of natural life imprisonment or a
30 sentence of death is imposed, at the time the sentence is
31 imposed the judge shall state on the record in open court the
32 approximate period of time the defendant will serve in
33 custody according to the then current statutory rules and
34 regulations for early release found in Section 3-6-3 and
-4- LRB9001131RCpcam01
1 other related provisions of this Code. This statement is
2 intended solely to inform the public, has no legal effect on
3 the defendant's actual release, and may not be relied on by
4 the defendant on appeal.
5 The judge's statement, to be given after pronouncing the
6 sentence, other than when the sentence is imposed for one of
7 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
8 shall include the following:
9 "The purpose of this statement is to inform the public of
10 the actual period of time this defendant is likely to spend
11 in prison as a result of this sentence. The actual period of
12 prison time served is determined by the statutes of Illinois
13 as applied to this sentence by the Illinois Department of
14 Corrections and the Illinois Prisoner Review Board. In this
15 case, assuming the defendant receives all of his or her good
16 conduct credit, the period of estimated actual custody is ...
17 years and ... months, less up to 180 days additional good
18 conduct credit for meritorious service. If the defendant,
19 because of his or her own misconduct or failure to comply
20 with the institutional regulations, does not receive those
21 credits, the actual time served in prison will be longer.
22 The defendant may also receive an additional one-half day
23 good conduct credit for each day of participation in
24 vocational, industry, substance abuse, and educational
25 programs as provided for by Illinois statute."
26 When the sentence is imposed for one of the offenses
27 enumerated in paragraph (a)(3) of Section 3-6-3, other than
28 when the sentence is imposed for one of the offenses
29 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
30 or after the effective date of this amendatory Act of 1995,
31 the judge's statement, to be given after pronouncing the
32 sentence, shall include the following:
33 "The purpose of this statement is to inform the public of
34 the actual period of time this defendant is likely to spend
-5- LRB9001131RCpcam01
1 in prison as a result of this sentence. The actual period of
2 prison time served is determined by the statutes of Illinois
3 as applied to this sentence by the Illinois Department of
4 Corrections and the Illinois Prisoner Review Board. In this
5 case, assuming the defendant receives all of his or her good
6 conduct credit, the period of estimated actual custody is ...
7 years and ... months, less up to 90 days additional good
8 conduct credit for meritorious service. If the defendant,
9 because of his or her own misconduct or failure to comply
10 with the institutional regulations, does not receive those
11 credits, the actual time served in prison will be longer.
12 The defendant may also receive an additional one-half day
13 good conduct credit for each day of participation in
14 vocational, industry, substance abuse, and educational
15 programs as provided for by Illinois statute."
16 When the sentence is imposed for one of the offenses
17 enumerated in paragraph (a)(2) of Section 3-6-3, other than
18 first degree murder, and the offense was committed on or
19 after the effective date of this amendatory Act of 1995, the
20 judge's statement, to be given after pronouncing the
21 sentence, shall include the following:
22 "The purpose of this statement is to inform the public of
23 the actual period of time this defendant is likely to spend
24 in prison as a result of this sentence. The actual period of
25 prison time served is determined by the statutes of Illinois
26 as applied to this sentence by the Illinois Department of
27 Corrections and the Illinois Prisoner Review Board. In this
28 case, the defendant is entitled to no more than 4 1/2 days of
29 good conduct credit for each month of his or her sentence of
30 imprisonment. Therefore, this defendant will serve at least
31 85% of his or her sentence. Assuming the defendant receives
32 4 1/2 days credit for each month of his or her sentence, the
33 period of estimated actual custody is ... years and ...
34 months. If the defendant, because of his or her own
-6- LRB9001131RCpcam01
1 misconduct or failure to comply with the institutional
2 regulations receives lesser credit, the actual time served in
3 prison will be longer."
4 When a sentence of imprisonment is imposed for first
5 degree murder and the offense was committed on or after the
6 effective date of this amendatory Act of 1995, the judge's
7 statement, to be given after pronouncing the sentence, shall
8 include the following:
9 "The purpose of this statement is to inform the public of
10 the actual period of time this defendant is likely to spend
11 in prison as a result of this sentence. The actual period of
12 prison time served is determined by the statutes of Illinois
13 as applied to this sentence by the Illinois Department of
14 Corrections and the Illinois Prisoner Review Board. In this
15 case, the defendant is not entitled to good conduct credit.
16 Therefore, this defendant will serve 100% of his or her
17 sentence."
18 (c-3) When the court sentences a defendant who is
19 subject to the provisions of the Sexually Dangerous Persons
20 Act, it shall at the time of sentencing inform the defendant
21 that he or she: (1) is subject to the provisions of the
22 Sexually Dangerous Persons Act; (2) may be subject to
23 continued confinement after the completion of the sentence
24 for which he or she has been convicted if it is determined
25 that the defendant is a sexually dangerous person and poses a
26 risk of harm to other persons; and (3) may at his or her
27 request receive psychiatric treatment during his or her
28 incarceration as deemed appropriate by the Department of
29 Corrections following a psychiatric evaluation.
30 (d) When the defendant is committed to the Department of
31 Corrections, the State's Attorney shall and counsel for the
32 defendant may file a statement with the clerk of the court to
33 be transmitted to the department, agency or institution to
34 which the defendant is committed to furnish such department,
-7- LRB9001131RCpcam01
1 agency or institution with the facts and circumstances of the
2 offense for which the person was committed together with all
3 other factual information accessible to them in regard to the
4 person prior to his commitment relative to his habits,
5 associates, disposition and reputation and any other facts
6 and circumstances which may aid such department, agency or
7 institution during its custody of such person. The clerk
8 shall within 10 days after receiving any such statements
9 transmit a copy to such department, agency or institution and
10 a copy to the other party, provided, however, that this shall
11 not be cause for delay in conveying the person to the
12 department, agency or institution to which he has been
13 committed.
14 (e) The clerk of the court shall transmit to the
15 department, agency or institution, if any, to which the
16 defendant is committed, the following:
17 (1) the sentence imposed;
18 (2) any statement by the court of the basis for
19 imposing the sentence;
20 (3) any presentence reports;
21 (4) the number of days, if any, which the defendant
22 has been in custody and for which he is entitled to
23 credit against the sentence, which information shall be
24 provided to the clerk by the sheriff;
25 (4.1) any finding of great bodily harm made by the
26 court with respect to an offense enumerated in subsection
27 (c-1);
28 (5) all statements filed under subsection (d) of
29 this Section;
30 (6) any medical or mental health records or
31 summaries of the defendant;
32 (7) the municipality where the arrest of the
33 offender or the commission of the offense has occurred,
34 where such municipality has a population of more than
-8- LRB9001131RCpcam01
1 25,000 persons;
2 (8) all statements made and evidence offered under
3 paragraph (7) of subsection (a) of this Section; and
4 (9) all additional matters which the court directs
5 the clerk to transmit.
6 (Source: P.A. 89-404, eff. 8-20-95.)
7 (Text of Section after amendment by P.A. 89-507)
8 Sec. 5-4-1. Sentencing Hearing.
9 (a) Except when the death penalty is sought under
10 hearing procedures otherwise specified, after a determination
11 of guilt, a hearing shall be held to impose the sentence.
12 However, prior to the imposition of sentence on an individual
13 being sentenced for an offense based upon a charge for a
14 violation of Section 11-501 of the Illinois Vehicle Code or a
15 similar provision of a local ordinance, the individual must
16 undergo a professional evaluation to determine if an alcohol
17 or other drug abuse problem exists and the extent of such a
18 problem. Programs conducting these evaluations shall be
19 licensed by the Department of Human Services. However, if
20 the individual is not a resident of Illinois, the court may,
21 in its discretion, accept an evaluation from a program in the
22 state of such individual's residence. The court may in its
23 sentencing order approve an eligible defendant for placement
24 in a Department of Corrections impact incarceration program
25 as provided in Section 5-8-1.1. At the hearing the court
26 shall:
27 (1) consider the evidence, if any, received upon
28 the trial;
29 (2) consider any presentence reports;
30 (3) consider the financial impact of incarceration
31 based on the financial impact statement filed with the
32 clerk of the court by the Department of Corrections;
33 (4) consider evidence and information offered by
34 the parties in aggravation and mitigation;
-9- LRB9001131RCpcam01
1 (5) hear arguments as to sentencing alternatives;
2 (6) afford the defendant the opportunity to make a
3 statement in his own behalf;
4 (7) afford the victim of a violent crime or a
5 violation of Section 11-501 of the Illinois Vehicle Code,
6 or a similar provision of a local ordinance, committed by
7 the defendant the opportunity to make a statement
8 concerning the impact on the victim and to offer evidence
9 in aggravation or mitigation; provided that the statement
10 and evidence offered in aggravation or mitigation must
11 first be prepared in writing in conjunction with the
12 State's Attorney before it may be presented orally at the
13 hearing. Any sworn testimony offered by the victim is
14 subject to the defendant's right to cross-examine. All
15 statements and evidence offered under this paragraph (7)
16 shall become part of the record of the court; and
17 (8) in cases of reckless homicide afford the
18 victim's spouse, guardians, parents or other immediate
19 family members an opportunity to make oral statements.
20 (b) All sentences shall be imposed by the judge based
21 upon his independent assessment of the elements specified
22 above and any agreement as to sentence reached by the
23 parties. The judge who presided at the trial or the judge
24 who accepted the plea of guilty shall impose the sentence
25 unless he is no longer sitting as a judge in that court.
26 Where the judge does not impose sentence at the same time on
27 all defendants who are convicted as a result of being
28 involved in the same offense, the defendant or the State's
29 attorney may advise the sentencing court of the disposition
30 of any other defendants who have been sentenced.
31 (c) In imposing a sentence for a violent crime or for an
32 offense of operating or being in physical control of a
33 vehicle while under the influence of alcohol, any other drug
34 or any combination thereof, or a similar provision of a local
-10- LRB9001131RCpcam01
1 ordinance, when such offense resulted in the personal injury
2 to someone other than the defendant, the trial judge shall
3 specify on the record the particular evidence, information,
4 factors in mitigation and aggravation or other reasons that
5 led to his sentencing determination. The full verbatim record
6 of the sentencing hearing shall be filed with the clerk of
7 the court and shall be a public record.
8 (c-1) In imposing a sentence for the offense of
9 aggravated kidnapping for ransom, home invasion, armed
10 robbery, aggravated vehicular hijacking, aggravated discharge
11 of a firearm, or armed violence with a category I weapon or
12 category II weapon, the trial judge shall make a finding as
13 to whether the conduct leading to conviction for the offense
14 resulted in great bodily harm to a victim, and shall enter
15 that finding and the basis for that finding in the record.
16 (c-2) If the defendant is sentenced to prison, other
17 than when a sentence of natural life imprisonment or a
18 sentence of death is imposed, at the time the sentence is
19 imposed the judge shall state on the record in open court the
20 approximate period of time the defendant will serve in
21 custody according to the then current statutory rules and
22 regulations for early release found in Section 3-6-3 and
23 other related provisions of this Code. This statement is
24 intended solely to inform the public, has no legal effect on
25 the defendant's actual release, and may not be relied on by
26 the defendant on appeal.
27 The judge's statement, to be given after pronouncing the
28 sentence, other than when the sentence is imposed for one of
29 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
30 shall include the following:
31 "The purpose of this statement is to inform the public of
32 the actual period of time this defendant is likely to spend
33 in prison as a result of this sentence. The actual period of
34 prison time served is determined by the statutes of Illinois
-11- LRB9001131RCpcam01
1 as applied to this sentence by the Illinois Department of
2 Corrections and the Illinois Prisoner Review Board. In this
3 case, assuming the defendant receives all of his or her good
4 conduct credit, the period of estimated actual custody is ...
5 years and ... months, less up to 180 days additional good
6 conduct credit for meritorious service. If the defendant,
7 because of his or her own misconduct or failure to comply
8 with the institutional regulations, does not receive those
9 credits, the actual time served in prison will be longer.
10 The defendant may also receive an additional one-half day
11 good conduct credit for each day of participation in
12 vocational, industry, substance abuse, and educational
13 programs as provided for by Illinois statute."
14 When the sentence is imposed for one of the offenses
15 enumerated in paragraph (a)(3) of Section 3-6-3, other than
16 when the sentence is imposed for one of the offenses
17 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
18 or after the effective date of this amendatory Act of 1995,
19 the judge's statement, to be given after pronouncing the
20 sentence, shall include the following:
21 "The purpose of this statement is to inform the public of
22 the actual period of time this defendant is likely to spend
23 in prison as a result of this sentence. The actual period of
24 prison time served is determined by the statutes of Illinois
25 as applied to this sentence by the Illinois Department of
26 Corrections and the Illinois Prisoner Review Board. In this
27 case, assuming the defendant receives all of his or her good
28 conduct credit, the period of estimated actual custody is ...
29 years and ... months, less up to 90 days additional good
30 conduct credit for meritorious service. If the defendant,
31 because of his or her own misconduct or failure to comply
32 with the institutional regulations, does not receive those
33 credits, the actual time served in prison will be longer.
34 The defendant may also receive an additional one-half day
-12- LRB9001131RCpcam01
1 good conduct credit for each day of participation in
2 vocational, industry, substance abuse, and educational
3 programs as provided for by Illinois statute."
4 When the sentence is imposed for one of the offenses
5 enumerated in paragraph (a)(2) of Section 3-6-3, other than
6 first degree murder, and the offense was committed on or
7 after the effective date of this amendatory Act of 1995, the
8 judge's statement, to be given after pronouncing the
9 sentence, shall include the following:
10 "The purpose of this statement is to inform the public of
11 the actual period of time this defendant is likely to spend
12 in prison as a result of this sentence. The actual period of
13 prison time served is determined by the statutes of Illinois
14 as applied to this sentence by the Illinois Department of
15 Corrections and the Illinois Prisoner Review Board. In this
16 case, the defendant is entitled to no more than 4 1/2 days of
17 good conduct credit for each month of his or her sentence of
18 imprisonment. Therefore, this defendant will serve at least
19 85% of his or her sentence. Assuming the defendant receives
20 4 1/2 days credit for each month of his or her sentence, the
21 period of estimated actual custody is ... years and ...
22 months. If the defendant, because of his or her own
23 misconduct or failure to comply with the institutional
24 regulations receives lesser credit, the actual time served in
25 prison will be longer."
26 When a sentence of imprisonment is imposed for first
27 degree murder and the offense was committed on or after the
28 effective date of this amendatory Act of 1995, the judge's
29 statement, to be given after pronouncing the sentence, shall
30 include the following:
31 "The purpose of this statement is to inform the public of
32 the actual period of time this defendant is likely to spend
33 in prison as a result of this sentence. The actual period of
34 prison time served is determined by the statutes of Illinois
-13- LRB9001131RCpcam01
1 as applied to this sentence by the Illinois Department of
2 Corrections and the Illinois Prisoner Review Board. In this
3 case, the defendant is not entitled to good conduct credit.
4 Therefore, this defendant will serve 100% of his or her
5 sentence."
6 (c-3) When the court sentences a defendant who is
7 subject to the provisions of the Sexually Dangerous Persons
8 Act, it shall at the time of sentencing inform the defendant
9 that he or she: (1) is subject to the provisions of the
10 Sexually Dangerous Persons Act; (2) may be subject to
11 continued confinement after the completion of the sentence
12 for which he or she has been convicted if it is determined
13 that the defendant is a sexually dangerous person and poses a
14 risk of harm to other persons; and (3) may at his or her
15 request receive psychiatric treatment during his or her
16 incarceration as deemed appropriate by the Department of
17 Corrections following a psychiatric evaluation.
18 (d) When the defendant is committed to the Department of
19 Corrections, the State's Attorney shall and counsel for the
20 defendant may file a statement with the clerk of the court to
21 be transmitted to the department, agency or institution to
22 which the defendant is committed to furnish such department,
23 agency or institution with the facts and circumstances of the
24 offense for which the person was committed together with all
25 other factual information accessible to them in regard to the
26 person prior to his commitment relative to his habits,
27 associates, disposition and reputation and any other facts
28 and circumstances which may aid such department, agency or
29 institution during its custody of such person. The clerk
30 shall within 10 days after receiving any such statements
31 transmit a copy to such department, agency or institution and
32 a copy to the other party, provided, however, that this shall
33 not be cause for delay in conveying the person to the
34 department, agency or institution to which he has been
-14- LRB9001131RCpcam01
1 committed.
2 (e) The clerk of the court shall transmit to the
3 department, agency or institution, if any, to which the
4 defendant is committed, the following:
5 (1) the sentence imposed;
6 (2) any statement by the court of the basis for
7 imposing the sentence;
8 (3) any presentence reports;
9 (4) the number of days, if any, which the defendant
10 has been in custody and for which he is entitled to
11 credit against the sentence, which information shall be
12 provided to the clerk by the sheriff;
13 (4.1) any finding of great bodily harm made by the
14 court with respect to an offense enumerated in subsection
15 (c-1);
16 (5) all statements filed under subsection (d) of
17 this Section;
18 (6) any medical or mental health records or
19 summaries of the defendant;
20 (7) the municipality where the arrest of the
21 offender or the commission of the offense has occurred,
22 where such municipality has a population of more than
23 25,000 persons;
24 (8) all statements made and evidence offered under
25 paragraph (7) of subsection (a) of this Section; and
26 (9) all additional matters which the court directs
27 the clerk to transmit.
28 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
29 Section 95. Severability. The provisions of this Act
30 are severable under Section 1.31 of the Statute on Statutes.
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.".