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90_HB2062
720 ILCS 5/Art. 33G heading new
720 ILCS 5/33G-5 new
720 ILCS 5/33G-10 new
720 ILCS 5/33G-15 new
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
Amends the Criminal Code of 1961 and the Unified Code of
Corrections. Provides that certain child sex offenders who
have been twice convicted of certain sex offenses involving
children under 16 years of age shall be sentenced to life
imprisonment. Provides for mandatory psychological or
psychiatric counseling and treatment for first offenders.
LRB9003961RCmgA
LRB9003961RCmgA
1 AN ACT in relation to habitual child sex offenders.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 adding Article 33G as follows:
6 (720 ILCS 5/Art. 33G heading new)
7 ARTICLE 33G. HABITUAL CHILD SEX OFFENDERS
8 (720 ILCS 5/33G-5 new)
9 Sec. 33G-5. Habitual child sex offender.
10 (a) Every person who has been twice convicted in any
11 state or federal court of an offense that contains the same
12 elements as an offense classified in Illinois as criminal
13 sexual assault, aggravated criminal sexual assault, predatory
14 criminal sexual assault of a child, or aggravated criminal
15 sexual abuse and the accused was at least 17 years of age at
16 the time of the commission of the offense and the victim was
17 under 16 years of age at the time of the commission of the
18 offense and the accused committed an act of sexual
19 penetration with the victim shall be adjudicated a habitual
20 child sex offender.
21 (b) The previous conviction need not have been for the
22 same offense.
23 (c) A conviction that results from or is connected with
24 the same transaction, or results from offenses committed at
25 the same time, shall be counted for the purposes of this
26 Section as one conviction.
27 (d) A person adjudicated a habitual child sex offender
28 shall be sentenced to a term of natural life imprisonment.
29 (e) Every person first convicted of an offense described
30 in subsection (a) shall receive mandatory psychological or
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1 psychiatric counseling or treatment as ordered by the court
2 and shall be informed by the court at the time of sentencing
3 that he or she upon a second conviction shall be sentenced as
4 a habitual child sex offender.
5 (720 ILCS 5/33G-10 new)
6 Sec. 33G-10. Record of conviction.
7 (a) A prior conviction shall not be alleged in the
8 indictment, and no evidence or other disclosure of that
9 conviction shall be presented to the court or the jury during
10 the trial of an offense set forth in Section 33G-5 unless
11 otherwise permitted by the issues properly raised in the
12 trial. After a plea or verdict or finding of guilty and
13 before sentence is imposed, the prosecutor may file with the
14 court a verified written statement signed by the State's
15 Attorney concerning any former conviction of an offense set
16 forth in Section 33G-5 rendered against the defendant. The
17 court shall then cause the defendant to be brought before it;
18 shall inform him or her of the allegations of the statement
19 so filed, and of his or her right to a hearing before the
20 court on the issue of the former conviction and of his or her
21 right to counsel at the hearing; and unless the defendant
22 admits that conviction, the court shall hear and determine
23 the issue, and shall make a written finding on the issue. If
24 a sentence has previously been imposed, the court may vacate
25 the sentence and impose a new sentence in accordance with
26 Section 33G-5 of this Code.
27 (b) A duly authenticated copy of the record of any
28 alleged former conviction of an offense set forth in Section
29 33G-5 shall be prima facie evidence of that former
30 conviction; and a duly authenticated copy of the record of
31 the defendant's final release or discharge from probation
32 granted, or from sentence and parole or mandatory supervised
33 release supervision (if any) imposed under that former
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1 conviction, shall be prima facie evidence of that release or
2 discharge.
3 (c) Any claim that a previous conviction offered by the
4 prosecution is not a former conviction of an offense set
5 forth in Section 33G-5 because of the existence of any
6 exceptions described in this Article, is waived unless duly
7 raised at the hearing on that conviction, or unless the
8 prosecution's proof shows the existence of the exceptions
9 described in this Article.
10 (720 ILCS 5/33G-15 new)
11 Sec. 33G-15. Pardon. If the person so convicted shall
12 show to the satisfaction of the court before whom the
13 conviction was had that he or she was released from
14 imprisonment, upon either of the sentences upon a pardon
15 granted for the reason that he or she was innocent, the
16 conviction and sentence shall not be considered under Section
17 33G-5.
18 Section 10. The Unified Code of Corrections is amended
19 by changing Section 5-8-1 as follows:
20 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
21 Sec. 5-8-1. Sentence of Imprisonment for Felony.
22 (a) Except as otherwise provided in the statute defining
23 the offense, a sentence of imprisonment for a felony shall be
24 a determinate sentence set by the court under this Section,
25 according to the following limitations:
26 (1) for first degree murder,
27 (a) a term shall be not less than 20 years and
28 not more than 60 years, or
29 (b) if the court finds that the murder was
30 accompanied by exceptionally brutal or heinous
31 behavior indicative of wanton cruelty or, except as
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1 set forth in subsection (a)(1)(c) of this Section,
2 that any of the aggravating factors listed in
3 subsection (b) of Section 9-1 of the Criminal Code
4 of 1961 are present, the court may sentence the
5 defendant to a term of natural life imprisonment, or
6 (c) the court shall sentence the defendant to
7 a term of natural life imprisonment when the death
8 penalty is not imposed if the defendant,
9 (i) has previously been convicted of
10 first degree murder under any state or federal
11 law, or
12 (ii) is a person who, at the time of the
13 commission of the murder, had attained the age
14 of 17 or more and is found guilty of murdering
15 an individual under 12 years of age; or,
16 irrespective of the defendant's age at the time
17 of the commission of the offense, is found
18 guilty of murdering more than one victim, or
19 (iii) is found guilty of murdering a
20 peace officer or fireman when the peace officer
21 or fireman was killed in the course of
22 performing his official duties, or to prevent
23 the peace officer or fireman from performing
24 his official duties, or in retaliation for the
25 peace officer or fireman performing his
26 official duties, and the defendant knew or
27 should have known that the murdered individual
28 was a peace officer or fireman, or
29 (iv) is found guilty of murdering an
30 employee of an institution or facility of the
31 Department of Corrections, or any similar local
32 correctional agency, when the employee was
33 killed in the course of performing his official
34 duties, or to prevent the employee from
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1 performing his official duties, or in
2 retaliation for the employee performing his
3 official duties, or
4 (v) is found guilty of murdering an
5 emergency medical technician - ambulance,
6 emergency medical technician - intermediate,
7 emergency medical technician - paramedic,
8 ambulance driver or other medical assistance or
9 first aid person while employed by a
10 municipality or other governmental unit when
11 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
15 the defendant knew or should have known that
16 the murdered individual was an emergency
17 medical technician - ambulance, emergency
18 medical technician - intermediate, emergency
19 medical technician - paramedic, ambulance
20 driver, or other medical assistant or first aid
21 personnel, or
22 (vi) is a person who, at the time of the
23 commission of the murder, had not attained the
24 age of 17, and is found guilty of murdering a
25 person under 12 years of age and the murder is
26 committed during the course of aggravated
27 criminal sexual assault, criminal sexual
28 assault, or aggravated kidnaping.
29 For purposes of clause (v), "emergency medical
30 technician - ambulance", "emergency medical
31 technician - intermediate", "emergency medical
32 technician - paramedic", have the meanings ascribed
33 to them in the Emergency Medical Services (EMS)
34 Systems Act.
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1 (1.5) for second degree murder, a term shall be not
2 less than 4 years and not more than 20 years;
3 (2) for a person adjudged a habitual criminal under
4 Article 33B of the Criminal Code of 1961, as amended, the
5 sentence shall be a term of natural life imprisonment; .
6 (2.5) for a person adjudicated a habitual child sex
7 offender under Article 33G of the Criminal Code of 1961,
8 the sentence shall be a term of natural life
9 imprisonment;
10 (3) except as otherwise provided in the statute
11 defining the offense, for a Class X felony, the sentence
12 shall be not less than 6 years and not more than 30
13 years;
14 (4) for a Class 1 felony, other than second degree
15 murder, the sentence shall be not less than 4 years and
16 not more than 15 years;
17 (5) for a Class 2 felony, the sentence shall be not
18 less than 3 years and not more than 7 years;
19 (6) for a Class 3 felony, the sentence shall be not
20 less than 2 years and not more than 5 years;
21 (7) for a Class 4 felony, the sentence shall be not
22 less than 1 year and not more than 3 years.
23 (b) The sentencing judge in each felony conviction shall
24 set forth his reasons for imposing the particular sentence he
25 enters in the case, as provided in Section 5-4-1 of this
26 Code. Those reasons may include any mitigating or
27 aggravating factors specified in this Code, or the lack of
28 any such circumstances, as well as any other such factors as
29 the judge shall set forth on the record that are consistent
30 with the purposes and principles of sentencing set out in
31 this Code.
32 (c) A motion to reduce a sentence may be made, or the
33 court may reduce a sentence without motion, within 30 days
34 after the sentence is imposed. A defendant's challenge to
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1 the correctness of a sentence or to any aspect of the
2 sentencing hearing shall be made by a written motion filed
3 within 30 days following the imposition of sentence.
4 However, the court may not increase a sentence once it is
5 imposed.
6 If a motion filed pursuant to this subsection is timely
7 filed within 30 days after the sentence is imposed, the
8 proponent of the motion shall exercise due diligence in
9 seeking a determination on the motion and the court shall
10 thereafter decide such motion within a reasonable time.
11 If a motion filed pursuant to this subsection is timely
12 filed within 30 days after the sentence is imposed, then for
13 purposes of perfecting an appeal, a final judgment shall not
14 be considered to have been entered until the motion to reduce
15 a sentence has been decided by order entered by the trial
16 court.
17 A motion filed pursuant to this subsection shall not be
18 considered to have been timely filed unless it is filed with
19 the circuit court clerk within 30 days after the sentence is
20 imposed together with a notice of motion, which notice of
21 motion shall set the motion on the court's calendar on a date
22 certain within a reasonable time after the date of filing.
23 (d) Except where a term of natural life is imposed,
24 every sentence shall include as though written therein a term
25 in addition to the term of imprisonment. For those sentenced
26 under the law in effect prior to February 1, 1978, such term
27 shall be identified as a parole term. For those sentenced on
28 or after February 1, 1978, such term shall be identified as a
29 mandatory supervised release term. Subject to earlier
30 termination under Section 3-3-8, the parole or mandatory
31 supervised release term shall be as follows:
32 (1) for first degree murder or a Class X felony, 3
33 years;
34 (2) for a Class 1 felony or a Class 2 felony, 2
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1 years;
2 (3) for a Class 3 felony or a Class 4 felony, 1
3 year.
4 (e) A defendant who has a previous and unexpired
5 sentence of imprisonment imposed by another state or by any
6 district court of the United States and who, after sentence
7 for a crime in Illinois, must return to serve the unexpired
8 prior sentence may have his sentence by the Illinois court
9 ordered to be concurrent with the prior sentence in the other
10 state. The court may order that any time served on the
11 unexpired portion of the sentence in the other state, prior
12 to his return to Illinois, shall be credited on his Illinois
13 sentence. The other state shall be furnished with a copy of
14 the order imposing sentence which shall provide that, when
15 the offender is released from confinement of the other state,
16 whether by parole or by termination of sentence, the offender
17 shall be transferred by the Sheriff of the committing county
18 to the Illinois Department of Corrections. The court shall
19 cause the Department of Corrections to be notified of such
20 sentence at the time of commitment and to be provided with
21 copies of all records regarding the sentence.
22 (f) A defendant who has a previous and unexpired
23 sentence of imprisonment imposed by an Illinois circuit court
24 for a crime in this State and who is subsequently sentenced
25 to a term of imprisonment by another state or by any district
26 court of the United States and who has served a term of
27 imprisonment imposed by the other state or district court of
28 the United States, and must return to serve the unexpired
29 prior sentence imposed by the Illinois Circuit Court may
30 apply to the court which imposed sentence to have his
31 sentence reduced.
32 The circuit court may order that any time served on the
33 sentence imposed by the other state or district court of the
34 United States be credited on his Illinois sentence. Such
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1 application for reduction of a sentence under this
2 subsection (f) shall be made within 30 days after the
3 defendant has completed the sentence imposed by the other
4 state or district court of the United States.
5 (Source: P.A. 88-301; 88-311; 88-433; 88-670, eff. 12-2-94;
6 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 89-462, eff.
7 5-29-96.)