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90_HB1364
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
Amends the Unified Code of Corrections. Increases the
mandatory supervised release term from 3 years to 10 years
for first degree murder; from 3 years to 6 years for a Class
X felony; and from 2 years to 3 years for a Class 1 or Class
2 felony. Effective immediately.
LRB9004443RCbd
LRB9004443RCbd
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 5-8-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 5-8-1 as follows:
7 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
8 Sec. 5-8-1. Sentence of Imprisonment for Felony.
9 (a) Except as otherwise provided in the statute defining
10 the offense, a sentence of imprisonment for a felony shall be
11 a determinate sentence set by the court under this Section,
12 according to the following limitations:
13 (1) for first degree murder,
14 (a) a term shall be not less than 20 years and
15 not more than 60 years, or
16 (b) if the court finds that the murder was
17 accompanied by exceptionally brutal or heinous
18 behavior indicative of wanton cruelty or, except as
19 set forth in subsection (a)(1)(c) of this Section,
20 that any of the aggravating factors listed in
21 subsection (b) of Section 9-1 of the Criminal Code
22 of 1961 are present, the court may sentence the
23 defendant to a term of natural life imprisonment, or
24 (c) the court shall sentence the defendant to
25 a term of natural life imprisonment when the death
26 penalty is not imposed if the defendant,
27 (i) has previously been convicted of
28 first degree murder under any state or federal
29 law, or
30 (ii) is a person who, at the time of the
31 commission of the murder, had attained the age
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1 of 17 or more and is found guilty of murdering
2 an individual under 12 years of age; or,
3 irrespective of the defendant's age at the time
4 of the commission of the offense, is found
5 guilty of murdering more than one victim, or
6 (iii) is found guilty of murdering a
7 peace officer or fireman when the peace officer
8 or fireman was killed in the course of
9 performing his official duties, or to prevent
10 the peace officer or fireman from performing
11 his official duties, or in retaliation for the
12 peace officer or fireman performing his
13 official duties, and the defendant knew or
14 should have known that the murdered individual
15 was a peace officer or fireman, or
16 (iv) is found guilty of murdering an
17 employee of an institution or facility of the
18 Department of Corrections, or any similar local
19 correctional agency, when the employee was
20 killed in the course of performing his official
21 duties, or to prevent the employee from
22 performing his official duties, or in
23 retaliation for the employee performing his
24 official duties, or
25 (v) is found guilty of murdering an
26 emergency medical technician - ambulance,
27 emergency medical technician - intermediate,
28 emergency medical technician - paramedic,
29 ambulance driver or other medical assistance or
30 first aid person while employed by a
31 municipality or other governmental unit when
32 the person was killed in the course of
33 performing official duties or to prevent the
34 person from performing official duties or in
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1 retaliation for performing official duties and
2 the defendant knew or should have known that
3 the murdered individual was an emergency
4 medical technician - ambulance, emergency
5 medical technician - intermediate, emergency
6 medical technician - paramedic, ambulance
7 driver, or other medical assistant or first aid
8 personnel, or
9 (vi) is a person who, at the time of the
10 commission of the murder, had not attained the
11 age of 17, and is found guilty of murdering a
12 person under 12 years of age and the murder is
13 committed during the course of aggravated
14 criminal sexual assault, criminal sexual
15 assault, or aggravated kidnaping.
16 For purposes of clause (v), "emergency medical
17 technician - ambulance", "emergency medical
18 technician - intermediate", "emergency medical
19 technician - paramedic", have the meanings ascribed
20 to them in the Emergency Medical Services (EMS)
21 Systems Act.
22 (1.5) for second degree murder, a term shall be not
23 less than 4 years and not more than 20 years;
24 (2) for a person adjudged a habitual criminal under
25 Article 33B of the Criminal Code of 1961, as amended, the
26 sentence shall be a term of natural life imprisonment.
27 (3) except as otherwise provided in the statute
28 defining the offense, for a Class X felony, the sentence
29 shall be not less than 6 years and not more than 30
30 years;
31 (4) for a Class 1 felony, other than second degree
32 murder, the sentence shall be not less than 4 years and
33 not more than 15 years;
34 (5) for a Class 2 felony, the sentence shall be not
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1 less than 3 years and not more than 7 years;
2 (6) for a Class 3 felony, the sentence shall be not
3 less than 2 years and not more than 5 years;
4 (7) for a Class 4 felony, the sentence shall be not
5 less than 1 year and not more than 3 years.
6 (b) The sentencing judge in each felony conviction shall
7 set forth his reasons for imposing the particular sentence he
8 enters in the case, as provided in Section 5-4-1 of this
9 Code. Those reasons may include any mitigating or
10 aggravating factors specified in this Code, or the lack of
11 any such circumstances, as well as any other such factors as
12 the judge shall set forth on the record that are consistent
13 with the purposes and principles of sentencing set out in
14 this Code.
15 (c) A motion to reduce a sentence may be made, or the
16 court may reduce a sentence without motion, within 30 days
17 after the sentence is imposed. A defendant's challenge to
18 the correctness of a sentence or to any aspect of the
19 sentencing hearing shall be made by a written motion filed
20 within 30 days following the imposition of sentence.
21 However, the court may not increase a sentence once it is
22 imposed.
23 If a motion filed pursuant to this subsection is timely
24 filed within 30 days after the sentence is imposed, the
25 proponent of the motion shall exercise due diligence in
26 seeking a determination on the motion and the court shall
27 thereafter decide such motion within a reasonable time.
28 If a motion filed pursuant to this subsection is timely
29 filed within 30 days after the sentence is imposed, then for
30 purposes of perfecting an appeal, a final judgment shall not
31 be considered to have been entered until the motion to reduce
32 a sentence has been decided by order entered by the trial
33 court.
34 A motion filed pursuant to this subsection shall not be
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1 considered to have been timely filed unless it is filed with
2 the circuit court clerk within 30 days after the sentence is
3 imposed together with a notice of motion, which notice of
4 motion shall set the motion on the court's calendar on a date
5 certain within a reasonable time after the date of filing.
6 (d) Except where a term of natural life is imposed,
7 every sentence shall include as though written therein a term
8 in addition to the term of imprisonment. For those sentenced
9 under the law in effect prior to February 1, 1978, such term
10 shall be identified as a parole term. For those sentenced on
11 or after February 1, 1978, such term shall be identified as a
12 mandatory supervised release term. Subject to earlier
13 termination under Section 3-3-8, the parole or mandatory
14 supervised release term shall be as follows:
15 (1) for first degree murder or a Class X felony, 10
16 3 years;
17 (1.5) for a Class X felony, 6 years;
18 (2) for a Class 1 felony or a Class 2 felony, 3 2
19 years;
20 (3) for a Class 3 felony or a Class 4 felony, 1
21 year.
22 (e) A defendant who has a previous and unexpired
23 sentence of imprisonment imposed by another state or by any
24 district court of the United States and who, after sentence
25 for a crime in Illinois, must return to serve the unexpired
26 prior sentence may have his sentence by the Illinois court
27 ordered to be concurrent with the prior sentence in the other
28 state. The court may order that any time served on the
29 unexpired portion of the sentence in the other state, prior
30 to his return to Illinois, shall be credited on his Illinois
31 sentence. The other state shall be furnished with a copy of
32 the order imposing sentence which shall provide that, when
33 the offender is released from confinement of the other state,
34 whether by parole or by termination of sentence, the offender
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1 shall be transferred by the Sheriff of the committing county
2 to the Illinois Department of Corrections. The court shall
3 cause the Department of Corrections to be notified of such
4 sentence at the time of commitment and to be provided with
5 copies of all records regarding the sentence.
6 (f) A defendant who has a previous and unexpired
7 sentence of imprisonment imposed by an Illinois circuit court
8 for a crime in this State and who is subsequently sentenced
9 to a term of imprisonment by another state or by any district
10 court of the United States and who has served a term of
11 imprisonment imposed by the other state or district court of
12 the United States, and must return to serve the unexpired
13 prior sentence imposed by the Illinois Circuit Court may
14 apply to the court which imposed sentence to have his
15 sentence reduced.
16 The circuit court may order that any time served on the
17 sentence imposed by the other state or district court of the
18 United States be credited on his Illinois sentence. Such
19 application for reduction of a sentence under this
20 subsection (f) shall be made within 30 days after the
21 defendant has completed the sentence imposed by the other
22 state or district court of the United States.
23 (Source: P.A. 88-301; 88-311; 88-433; 88-670, eff. 12-2-94;
24 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 89-462, eff.
25 5-29-96.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.