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90_HB3158ham001
LRB9010780RCmbam01
1 AMENDMENT TO HOUSE BILL 3158
2 AMENDMENT NO. . Amend House Bill 3158 by replacing
3 the title with the following:
4 "AN ACT in relation to criminal law, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Sections 9-1, 12-4.1, 20-2, and 26-1 and adding
10 Sections 12-4.2-5 and 24-1.2-5 and Article 20.5 as follows:
11 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
12 Sec. 9-1. First degree Murder - Death penalties -
13 Exceptions - Separate Hearings - Proof - Findings - Appellate
14 procedures - Reversals.
15 (a) A person who kills an individual without lawful
16 justification commits first degree murder if, in performing
17 the acts which cause the death:
18 (1) he either intends to kill or do great bodily
19 harm to that individual or another, or knows that such
20 acts will cause death to that individual or another; or
21 (2) he knows that such acts create a strong
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1 probability of death or great bodily harm to that
2 individual or another; or
3 (3) he is attempting or committing a forcible
4 felony other than second degree murder.
5 (b) Aggravating Factors. A defendant who at the time of
6 the commission of the offense has attained the age of 18 or
7 more and who has been found guilty of first degree murder may
8 be sentenced to death if:
9 (1) the murdered individual was a peace officer or
10 fireman killed in the course of performing his official
11 duties, to prevent the performance of his official
12 duties, or in retaliation for performing his official
13 duties, and the defendant knew or should have known that
14 the murdered individual was a peace officer or fireman;
15 or
16 (2) the murdered individual was an employee of an
17 institution or facility of the Department of Corrections,
18 or any similar local correctional agency, killed in the
19 course of performing his official duties, to prevent the
20 performance of his official duties, or in retaliation for
21 performing his official duties, or the murdered
22 individual was an inmate at such institution or facility
23 and was killed on the grounds thereof, or the murdered
24 individual was otherwise present in such institution or
25 facility with the knowledge and approval of the chief
26 administrative officer thereof; or
27 (3) the defendant has been convicted of murdering
28 two or more individuals under subsection (a) of this
29 Section or under any law of the United States or of any
30 state which is substantially similar to subsection (a) of
31 this Section regardless of whether the deaths occurred
32 as the result of the same act or of several related or
33 unrelated acts so long as the deaths were the result of
34 either an intent to kill more than one person or of
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1 separate acts which the defendant knew would cause death
2 or create a strong probability of death or great bodily
3 harm to the murdered individual or another; or
4 (4) the murdered individual was killed as a result
5 of the hijacking of an airplane, train, ship, bus or
6 other public conveyance; or
7 (5) the defendant committed the murder pursuant to
8 a contract, agreement or understanding by which he was to
9 receive money or anything of value in return for
10 committing the murder or procured another to commit the
11 murder for money or anything of value; or
12 (6) the murdered individual was killed in the
13 course of another felony if:
14 (a) the murdered individual:
15 (i) was actually killed by the defendant,
16 or
17 (ii) received physical injuries
18 personally inflicted by the defendant
19 substantially contemporaneously with physical
20 injuries caused by one or more persons for
21 whose conduct the defendant is legally
22 accountable under Section 5-2 of this Code, and
23 the physical injuries inflicted by either the
24 defendant or the other person or persons for
25 whose conduct he is legally accountable caused
26 the death of the murdered individual; and
27 (b) in performing the acts which caused the
28 death of the murdered individual or which resulted
29 in physical injuries personally inflicted by the
30 defendant on the murdered individual under the
31 circumstances of subdivision (ii) of subparagraph
32 (a) of paragraph (6) of subsection (b) of this
33 Section, the defendant acted with the intent to kill
34 the murdered individual or with the knowledge that
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1 his acts created a strong probability of death or
2 great bodily harm to the murdered individual or
3 another; and
4 (c) the other felony was one of the following:
5 armed robbery, armed violence, robbery, predatory
6 criminal sexual assault of a child, aggravated
7 criminal sexual assault, aggravated kidnapping,
8 aggravated vehicular hijacking, forcible detention,
9 arson, aggravated arson, aggravated stalking,
10 burglary, residential burglary, home invasion,
11 calculated criminal drug conspiracy as defined in
12 Section 405 of the Illinois Controlled Substances
13 Act, streetgang criminal drug conspiracy as defined
14 in Section 405.2 of the Illinois Controlled
15 Substances Act, or the attempt to commit any of the
16 felonies listed in this subsection (c); or
17 (7) the murdered individual was under 12 years of
18 age and the death resulted from exceptionally brutal or
19 heinous behavior indicative of wanton cruelty; or
20 (8) the defendant committed the murder with intent
21 to prevent the murdered individual from testifying in any
22 criminal prosecution or giving material assistance to the
23 State in any investigation or prosecution, either against
24 the defendant or another; or the defendant committed the
25 murder because the murdered individual was a witness in
26 any prosecution or gave material assistance to the State
27 in any investigation or prosecution, either against the
28 defendant or another; or
29 (9) the defendant, while committing an offense
30 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
31 407 or 407.1 or subsection (b) of Section 404 of the
32 Illinois Controlled Substances Act, or while engaged in a
33 conspiracy or solicitation to commit such offense,
34 intentionally killed an individual or counseled,
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1 commanded, induced, procured or caused the intentional
2 killing of the murdered individual; or
3 (10) the defendant was incarcerated in an
4 institution or facility of the Department of Corrections
5 at the time of the murder, and while committing an
6 offense punishable as a felony under Illinois law, or
7 while engaged in a conspiracy or solicitation to commit
8 such offense, intentionally killed an individual or
9 counseled, commanded, induced, procured or caused the
10 intentional killing of the murdered individual; or
11 (11) the murder was committed in a cold, calculated
12 and premeditated manner pursuant to a preconceived plan,
13 scheme or design to take a human life by unlawful means,
14 and the conduct of the defendant created a reasonable
15 expectation that the death of a human being would result
16 therefrom; or
17 (12) the murdered individual was an emergency
18 medical technician - ambulance, emergency medical
19 technician - intermediate, emergency medical technician -
20 paramedic, ambulance driver, or other medical assistance
21 or first aid personnel, employed by a municipality or
22 other governmental unit, killed in the course of
23 performing his official duties, to prevent the
24 performance of his official duties, or in retaliation for
25 performing his official duties, and the defendant knew or
26 should have known that the murdered individual was an
27 emergency medical technician - ambulance, emergency
28 medical technician - intermediate, emergency medical
29 technician - paramedic, ambulance driver, or other
30 medical assistance or first aid personnel; or
31 (13) the defendant was a principal administrator,
32 organizer, or leader of a calculated criminal drug
33 conspiracy consisting of a hierarchical position of
34 authority superior to that of all other members of the
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1 conspiracy, and the defendant counseled, commanded,
2 induced, procured, or caused the intentional killing of
3 the murdered person; or
4 (14) the murder was intentional and involved the
5 infliction of torture. For the purpose of this Section
6 torture means the infliction of or subjection to extreme
7 physical pain, motivated by an intent to increase or
8 prolong the pain, suffering or agony of the victim; or
9 (15) the murder was committed as a result of the
10 intentional discharge of a firearm by the defendant from
11 a motor vehicle and the victim was not present within the
12 motor vehicle; or
13 (16) the murdered individual was 60 years of age or
14 older and the death resulted from exceptionally brutal or
15 heinous behavior indicative of wanton cruelty; or
16 (17) the murdered individual was a disabled person
17 and the defendant knew or should have known that the
18 murdered individual was disabled. For purposes of this
19 paragraph (17), "disabled person" means a person who
20 suffers from a permanent physical or mental impairment
21 resulting from disease, an injury, a functional disorder,
22 or a congenital condition that renders the person
23 incapable of adequately providing for his or her own
24 health or personal care; or
25 (18) the murdered individual was killed as the
26 result of the intentional explosion of a bomb or other
27 explosive device or as the result of the intentional
28 igniting of any incendiary device or flammable substance;
29 or
30 (19) the murdered individual was killed as the
31 result of the intentional release of poisonous or noxious
32 gas other than a non-lethal noxious liquid gas designed
33 solely for personal defense; or
34 (20) the murdered individual was killed as the
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1 result of the intentional discharge of a machine gun as
2 defined in clause (i) of paragraph (7) of subsection (a)
3 of Section 24-1 of this Code; or
4 (21) the murdered individual was killed as the
5 result of the intentional discharge of a firearm that, at
6 the time of the discharge, was equipped with any device
7 or attachment designed or used for silencing the report
8 of the firearm; or
9 (22) the murdered individual was killed as the
10 result of the intentional release of any deadly
11 biological or chemical contaminant or agent or the
12 intentional exposure of any person to a radioactive
13 substance; or.
14 (23) the murder was committed as a result of
15 streetgang related criminal activity with the intent:
16 (A) to increase the gang's size, membership,
17 prestige, dominance, or control in any geographical
18 area, or
19 (B) to exact revenge or retribution for any
20 gang or member of the gang, or
21 (C) to obstruct justice or intimidate or
22 eliminate any witness against the gang or any member
23 of the gang, or
24 (D) to directly or indirectly cause any
25 benefit, aggrandizement, gain, profit, or other
26 advantage to or for the gang, its reputation,
27 influence, or membership.
28 For the purpose of this Section, "streetgang" or "gang"
29 has the meaning ascribed to it by Section 10 of the Illinois
30 Streetgang Terrorism Omnibus Prevention Act.
31 (c) Consideration of factors in Aggravation and
32 Mitigation.
33 The court shall consider, or shall instruct the jury to
34 consider any aggravating and any mitigating factors which are
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1 relevant to the imposition of the death penalty. Aggravating
2 factors may include but need not be limited to those factors
3 set forth in subsection (b). Mitigating factors may include
4 but need not be limited to the following:
5 (1) the defendant has no significant history of
6 prior criminal activity;
7 (2) the murder was committed while the defendant
8 was under the influence of extreme mental or emotional
9 disturbance, although not such as to constitute a defense
10 to prosecution;
11 (3) the murdered individual was a participant in
12 the defendant's homicidal conduct or consented to the
13 homicidal act;
14 (4) the defendant acted under the compulsion of
15 threat or menace of the imminent infliction of death or
16 great bodily harm;
17 (5) the defendant was not personally present during
18 commission of the act or acts causing death.
19 (d) Separate sentencing hearing.
20 Where requested by the State, the court shall conduct a
21 separate sentencing proceeding to determine the existence of
22 factors set forth in subsection (b) and to consider any
23 aggravating or mitigating factors as indicated in subsection
24 (c). The proceeding shall be conducted:
25 (1) before the jury that determined the defendant's
26 guilt; or
27 (2) before a jury impanelled for the purpose of the
28 proceeding if:
29 A. the defendant was convicted upon a plea of
30 guilty; or
31 B. the defendant was convicted after a trial
32 before the court sitting without a jury; or
33 C. the court for good cause shown discharges
34 the jury that determined the defendant's guilt; or
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1 (3) before the court alone if the defendant waives
2 a jury for the separate proceeding.
3 (e) Evidence and Argument.
4 During the proceeding any information relevant to any of
5 the factors set forth in subsection (b) may be presented by
6 either the State or the defendant under the rules governing
7 the admission of evidence at criminal trials. Any
8 information relevant to any additional aggravating factors or
9 any mitigating factors indicated in subsection (c) may be
10 presented by the State or defendant regardless of its
11 admissibility under the rules governing the admission of
12 evidence at criminal trials. The State and the defendant
13 shall be given fair opportunity to rebut any information
14 received at the hearing.
15 (f) Proof.
16 The burden of proof of establishing the existence of any
17 of the factors set forth in subsection (b) is on the State
18 and shall not be satisfied unless established beyond a
19 reasonable doubt.
20 (g) Procedure - Jury.
21 If at the separate sentencing proceeding the jury finds
22 that none of the factors set forth in subsection (b) exists,
23 the court shall sentence the defendant to a term of
24 imprisonment under Chapter V of the Unified Code of
25 Corrections. If there is a unanimous finding by the jury
26 that one or more of the factors set forth in subsection (b)
27 exist, the jury shall consider aggravating and mitigating
28 factors as instructed by the court and shall determine
29 whether the sentence of death shall be imposed. If the jury
30 determines unanimously that there are no mitigating factors
31 sufficient to preclude the imposition of the death sentence,
32 the court shall sentence the defendant to death.
33 Unless the jury unanimously finds that there are no
34 mitigating factors sufficient to preclude the imposition of
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1 the death sentence the court shall sentence the defendant to
2 a term of imprisonment under Chapter V of the Unified Code of
3 Corrections.
4 (h) Procedure - No Jury.
5 In a proceeding before the court alone, if the court
6 finds that none of the factors found in subsection (b)
7 exists, the court shall sentence the defendant to a term of
8 imprisonment under Chapter V of the Unified Code of
9 Corrections.
10 If the Court determines that one or more of the factors
11 set forth in subsection (b) exists, the Court shall consider
12 any aggravating and mitigating factors as indicated in
13 subsection (c). If the Court determines that there are no
14 mitigating factors sufficient to preclude the imposition of
15 the death sentence, the Court shall sentence the defendant to
16 death.
17 Unless the court finds that there are no mitigating
18 factors sufficient to preclude the imposition of the sentence
19 of death, the court shall sentence the defendant to a term of
20 imprisonment under Chapter V of the Unified Code of
21 Corrections.
22 (i) Appellate Procedure.
23 The conviction and sentence of death shall be subject to
24 automatic review by the Supreme Court. Such review shall be
25 in accordance with rules promulgated by the Supreme Court.
26 (j) Disposition of reversed death sentence.
27 In the event that the death penalty in this Act is held
28 to be unconstitutional by the Supreme Court of the United
29 States or of the State of Illinois, any person convicted of
30 first degree murder shall be sentenced by the court to a term
31 of imprisonment under Chapter V of the Unified Code of
32 Corrections.
33 In the event that any death sentence pursuant to the
34 sentencing provisions of this Section is declared
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1 unconstitutional by the Supreme Court of the United States or
2 of the State of Illinois, the court having jurisdiction over
3 a person previously sentenced to death shall cause the
4 defendant to be brought before the court, and the court shall
5 sentence the defendant to a term of imprisonment under
6 Chapter V of the Unified Code of Corrections.
7 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
8 89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
9 1-1-98.)
10 (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
11 Sec. 12-4.1. Heinous Battery.
12 (a) A person who, in committing a battery, knowingly
13 causes severe and permanent disability, great bodily harm or
14 disfigurement by means of a caustic or flammable substance, a
15 poisonous or noxious gas other than a non-lethal noxious
16 liquid gas designed solely for personal defense, a deadly
17 biological or chemical contaminant or agent, a radioactive
18 substance, or a bomb or explosive compound commits heinous
19 battery.
20 (b) Sentence. Heinous battery is a Class X felony for
21 which a person shall be sentenced to a term of imprisonment
22 of no less than 6 years and no more than 45 years.
23 (Source: P.A. 88-285.)
24 (720 ILCS 5/12-4.2-5 new)
25 Sec. 12-4.2-5. Aggravated battery with a machine gun or
26 a firearm equipped with any device or attachment designed or
27 used for silencing the report of a firearm.
28 (a) A person commits aggravated battery with a machine
29 gun or a firearm equipped with a device designed or used for
30 silencing the report of a firearm when he or she, in
31 committing a battery, knowingly or intentionally by means of
32 the discharging of a machine gun or a firearm equipped with a
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1 device designed or used for silencing the report of a firearm
2 (1) causes any injury to another person, or (2) causes any
3 injury to a person he or she knows to be a peace officer, a
4 person summoned by a peace officer, a correctional
5 institution employee or a fireman while the officer,
6 employee or fireman is engaged in the execution of any of his
7 or her official duties, or to prevent the officer, employee
8 or fireman from performing his or her official duties, or in
9 retaliation for the officer, employee or fireman performing
10 his or her official duties, or (3) causes any injury to a
11 person he or she knows to be an emergency medical technician
12 - ambulance, emergency medical technician - intermediate,
13 emergency medical technician - paramedic, ambulance driver,
14 or other medical assistance or first aid personnel, employed
15 by a municipality or other governmental unit, while the
16 emergency medical technician - ambulance, emergency medical
17 technician - intermediate, emergency medical technician -
18 paramedic, ambulance driver, or other medical assistance or
19 first aid personnel is engaged in the execution of any of his
20 or her official duties, or to prevent the emergency medical
21 technician - ambulance, emergency medical technician -
22 intermediate, emergency medical technician - paramedic,
23 ambulance driver, or other medical assistance or first aid
24 personnel from performing his or her official duties, or in
25 retaliation for the emergency medical technician - ambulance,
26 emergency medical technician - intermediate, emergency
27 medical technician - paramedic, ambulance driver, or other
28 medical assistance or first aid personnel performing his or
29 her official duties.
30 (b) A violation of subsection (a) (1) of this Section is
31 a Class X felony for which the person shall be sentenced to a
32 term of imprisonment of no less than 12 years and no more
33 than 45 years. A violation of subsection (a) (2) or
34 subsection (a) (3) of this Section is a Class X felony for
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1 which the sentence shall be a term of imprisonment of no less
2 than 20 years and no more than 60 years.
3 (c) For purposes of this Section, "firearm" is defined
4 as in the Firearm Owners Identification Card Act.
5 (d) For purposes of this Section, "machine gun" has the
6 meaning ascribed to it in clause (i) of paragraph (7) of
7 subsection (a) of Section 24-1 of this Code.
8 (720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
9 Sec. 20-2. Possession of explosives or explosive or
10 incendiary devices. (a) A person commits the offense of
11 possession of explosives or explosive or incendiary devices
12 in violation of this Section when he possesses, manufactures
13 or transports any explosive compound, timing or detonating
14 device for use with any explosive compound or incendiary
15 device and either intends to use such explosive or device to
16 commit any offense or knows that another intends to use such
17 explosive or device to commit a felony.
18 (b) Sentence.
19 Possession of explosives or explosive or incendiary
20 devices in violation of this Section is a Class 1 2 felony
21 for which a person, if sentenced to a term of imprisonment,
22 shall be sentenced to not less than 4 years and not more than
23 30 years.
24 (Source: P.A. 84-1308.)
25 (720 ILCS 5/Art. 20.5 heading new)
26 ARTICLE 20.5. DEADLY SUBSTANCES
27 (720 ILCS 5/20.5-5 new)
28 Sec. 20.5-5. Possession of a deadly substance.
29 (a) A person commits the offense of possession of a
30 deadly substance when he or she possesses, manufactures or
31 transports any poisonous or noxious gas other than a
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1 non-lethal noxious liquid gas designed solely for personal
2 defense, deadly biological or chemical contaminant or agent,
3 or radioactive substance either with the intent to use such
4 gas, biological or chemical contaminant or agent, or
5 radioactive substance to commit any offense or with the
6 knowledge that another person intends to use such gas,
7 biological or chemical contaminant or agent, or radioactive
8 substance to commit a felony.
9 (b) Sentence. Possession of a deadly substance is a
10 Class 1 felony for which a person, if sentenced to a term of
11 imprisonment, shall be sentenced to a term of not less than 4
12 years and not more than 30 years.
13 (720 ILCS 5/24-1.2-5 new)
14 Sec. 24-1.2-5. Aggravated discharge of a machine gun or
15 a firearm equipped with a device designed or used for
16 silencing the report of a firearm.
17 (a) A person commits aggravated discharge of a machine
18 gun or a firearm equipped with a device designed or used for
19 silencing the report of a firearm when he or she knowingly or
20 intentionally:
21 (1) Discharges a machine gun or a firearm equipped
22 with a device designed or used for silencing the report
23 of a firearm at or into a building he or she knows to be
24 occupied and the machine gun or the firearm equipped with
25 a device designed or used for silencing the report of a
26 firearm is discharged from a place or position outside
27 that building;
28 (2) Discharges a machine gun or a firearm equipped
29 with a device designed or used for silencing the report
30 of a firearm in the direction of another person or in the
31 direction of a vehicle he or she knows to be occupied;
32 (3) Discharges a machine gun or a firearm equipped
33 with a device designed or used for silencing the report
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1 of a firearm in the direction of a person he or she knows
2 to be a peace officer, a person summoned or directed by a
3 peace officer, a correctional institution employee, or a
4 fireman while the officer, employee or fireman is engaged
5 in the execution of any of his or her official duties, or
6 to prevent the officer, employee or fireman from
7 performing his or her official duties, or in retaliation
8 for the officer, employee or fireman performing his or
9 her official duties;
10 (4) Discharges a machine gun or a firearm equipped
11 with a device designed or used for silencing the report
12 of a firearm in the direction of a vehicle he or she
13 knows to be occupied by a peace officer, a person
14 summoned or directed by a peace officer, a correctional
15 institution employee or a fireman while the officer,
16 employee or fireman is engaged in the execution of any of
17 his or her official duties, or to prevent the officer,
18 employee or fireman from performing his or her official
19 duties, or in retaliation for the officer, employee or
20 fireman performing his or her official duties;
21 (5) Discharges a machine gun or a firearm equipped
22 with a device designed or used for silencing the report
23 of a firearm in the direction of a person he or she knows
24 to be an emergency medical technician - ambulance,
25 emergency medical technician - intermediate, emergency
26 medical technician - paramedic, ambulance driver, or
27 other medical assistance or first aid personnel, employed
28 by a municipality or other governmental unit, while the
29 emergency medical technician - ambulance, emergency
30 medical technician - intermediate, emergency medical
31 technician - paramedic, ambulance driver, or other
32 medical assistance or first aid personnel is engaged in
33 the execution of any of his or her official duties, or to
34 prevent the emergency medical technician - ambulance,
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1 emergency medical technician - intermediate, emergency
2 medical technician - paramedic, ambulance driver, or
3 other medical assistance or first aid personnel from
4 performing his or her official duties, or in retaliation
5 for the emergency medical technician - ambulance,
6 emergency medical technician - intermediate, emergency
7 medical technician - paramedic, ambulance driver, or
8 other medical assistance or first aid personnel
9 performing his or her official duties; or
10 (6) Discharges a machine gun or a firearm equipped
11 with a device designed or used for silencing the report
12 of a firearm in the direction of a vehicle he or she
13 knows to be occupied by an emergency medical technician -
14 ambulance, emergency medical technician - intermediate,
15 emergency medical technician - paramedic, ambulance
16 driver, or other medical assistance or first aid
17 personnel, employed by a municipality or other
18 governmental unit, while the emergency medical technician
19 - ambulance, emergency medical technician - intermediate,
20 emergency medical technician - paramedic, ambulance
21 driver, or other medical assistance or first aid
22 personnel is engaged in the execution of any of his or
23 her official duties, or to prevent the emergency medical
24 technician - ambulance, emergency medical technician -
25 intermediate, emergency medical technician - paramedic,
26 ambulance driver, or other medical assistance or first
27 aid personnel from performing his or her official duties,
28 or in retaliation for the emergency medical technician -
29 ambulance, emergency medical technician - intermediate,
30 emergency medical technician - paramedic, ambulance
31 driver, or other medical assistance or first aid
32 personnel performing his or her official duties.
33 (b) A violation of subsection (a) (1) or subsection
34 (a) (2) of this Section is a Class X felony. A violation of
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1 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
2 Section is a Class X felony for which the sentence shall be a
3 term of imprisonment of no less than 12 years and no more
4 than 50 years.
5 (c) For the purpose of this Section, "machine gun" has
6 the meaning ascribed to it in clause (i) of paragraph (7) of
7 subsection (a) of Section 24-1 of this Code.
8 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
9 Sec. 26-1. Elements of the Offense.
10 (a) A person commits disorderly conduct when he
11 knowingly:
12 (1) Does any act in such unreasonable manner as to
13 alarm or disturb another and to provoke a breach of the
14 peace; or
15 (2) Transmits or causes to be transmitted in any
16 manner to the fire department of any city, town, village
17 or fire protection district a false alarm of fire,
18 knowing at the time of such transmission that there is no
19 reasonable ground for believing that such fire exists; or
20 (3) Transmits or causes to be transmitted in any
21 manner to another a false alarm to the effect that a bomb
22 or other explosive of any nature is concealed in such
23 place that its explosion would endanger human life,
24 knowing at the time of such transmission that there is no
25 reasonable ground for believing that such bomb or
26 explosive is concealed in such place; or
27 (4) Transmits or causes to be transmitted in any
28 manner to any peace officer, public officer or public
29 employee a report to the effect that an offense will be
30 committed, is being committed, or has been committed,
31 knowing at the time of such transmission that there is no
32 reasonable ground for believing that such an offense will
33 be committed, is being committed, or has been committed;
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1 or
2 (5) Enters upon the property of another and for a
3 lewd or unlawful purpose deliberately looks into a
4 dwelling on the property through any window or other
5 opening in it; or
6 (6) While acting as a collection agency as defined
7 in the "Collection Agency Act" or as an employee of such
8 collection agency, and while attempting to collect an
9 alleged debt, makes a telephone call to the alleged
10 debtor which is designed to harass, annoy or intimidate
11 the alleged debtor; or
12 (7) Transmits or causes to be transmitted a false
13 report to the Department of Children and Family Services
14 under Section 4 of the "Abused and Neglected Child
15 Reporting Act"; or
16 (8) Transmits or causes to be transmitted a false
17 report to the Department of Public Health under the
18 Nursing Home Care Act; or
19 (9) Transmits or causes to be transmitted in any
20 manner to the police department or fire department of any
21 municipality or fire protection district, or any
22 privately owned and operated ambulance service, a false
23 request for an ambulance, emergency medical
24 technician-ambulance or emergency medical
25 technician-paramedic knowing at the time there is no
26 reasonable ground for believing that such assistance is
27 required; or
28 (10) Transmits or causes to be transmitted a false
29 report under Article II of "An Act in relation to victims
30 of violence and abuse", approved September 16, 1984, as
31 amended; or
32 (11) Transmits or causes to be transmitted a false
33 report to any public safety agency without the reasonable
34 grounds necessary to believe that transmitting such a
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1 report is necessary for the safety and welfare of the
2 public; or
3 (12) Calls the number "911" for the purpose of
4 making or transmitting a false alarm or complaint and
5 reporting information when, at the time the call or
6 transmission is made, the person knows there is no
7 reasonable ground for making the call or transmission and
8 further knows that the call or transmission could result
9 in the emergency response of any public safety agency.
10 (b) Sentence.
11 (1) A violation of subsection (a) (1) of this Section is
12 a Class C misdemeanor. A violation of subsection (a) (7),
13 (a)(11), or (a)(12) of this Section is a Class A misdemeanor.
14 A violation of subsection (a) (5), (a) (8) or (a) (10) of
15 this Section is a Class B misdemeanor. A violation of
16 subsection (a) (2), (a) (3), (a)(4), or (a)(9) of this
17 Section is a Class 4 felony. A violation of subsection (a)(3)
18 of this Section is a Class 3 felony, for which a fine of not
19 less than $3,000 and no more than $10,000 shall be assessed
20 in addition to any other penalty imposed.
21 A violation of subsection (a) (6) of this Section is a
22 Business Offense and shall be punished by a fine not to
23 exceed $3,000. A second or subsequent violation of subsection
24 (a) (7), (a)(11), or (a)(12) of this Section is a Class 4
25 felony.
26 (c) In addition to any other sentence that may be
27 imposed, a court shall order any person convicted of
28 disorderly conduct to perform community service for not less
29 than 30 and not more than 120 hours, if community service is
30 available in the jurisdiction and is funded and approved by
31 the county board of the county where the offense was
32 committed. In addition, whenever any person is placed on
33 supervision for an alleged offense under this Section, the
34 supervision shall be conditioned upon the performance of the
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1 community service.
2 This subsection does not apply when the court imposes a
3 sentence of incarceration.
4 (Source: P.A. 89-8, eff. 3-21-95; 90-456, eff. 1-1-98.)
5 Section 10. The Unified Code of Corrections is amended
6 by changing Sections 3-6-3 and 5-8-1 as follows:
7 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
8 Sec. 3-6-3. Rules and Regulations for Early Release.
9 (a)(1) The Department of Corrections shall prescribe
10 rules and regulations for the early release on account of
11 good conduct of persons committed to the Department which
12 shall be subject to review by the Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after the effective date of this amendatory Act of 1995,
16 the following:
17 (i) that a prisoner who is serving a term of
18 imprisonment for first degree murder shall receive
19 no good conduct credit and shall serve the entire
20 sentence imposed by the court;
21 (ii) that a prisoner serving a sentence for
22 attempt to commit first degree murder, solicitation
23 of murder, solicitation of murder for hire,
24 intentional homicide of an unborn child, predatory
25 criminal sexual assault of a child, aggravated
26 criminal sexual assault, criminal sexual assault,
27 aggravated kidnapping, aggravated battery with a
28 firearm, heinous battery, aggravated battery of a
29 senior citizen, or aggravated battery of a child
30 shall receive no more than 4.5 days of good conduct
31 credit for each month of his or her sentence of
32 imprisonment; and
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1 (iii) that a prisoner serving a sentence for
2 home invasion, armed robbery, aggravated vehicular
3 hijacking, aggravated discharge of a firearm, or
4 armed violence with a category I weapon or category
5 II weapon, when the court has made and entered a
6 finding, pursuant to subsection (c-1) of Section
7 5-4-1 of this Code, that the conduct leading to
8 conviction for the enumerated offense resulted in
9 great bodily harm to a victim, shall receive no more
10 than 4.5 days of good conduct credit for each month
11 of his or her sentence of imprisonment.
12 (2.1) For all offenses, other than those enumerated
13 in subdivision (a)(2) committed on or after the effective
14 date of this amendatory Act of 1995, the rules and
15 regulations shall provide that a prisoner who is serving
16 a term of imprisonment shall receive one day of good
17 conduct credit for each day of his or her sentence of
18 imprisonment or recommitment under Section 3-3-9. Each
19 day of good conduct credit shall reduce by one day the
20 prisoner's period of imprisonment or recommitment under
21 Section 3-3-9.
22 (2.2) A prisoner serving a term of natural life
23 imprisonment or a prisoner who has been sentenced to
24 death shall receive no good conduct credit.
25 (2.3) The rules and regulations on early release
26 shall provide with respect to the offenses of aggravated
27 battery with a machine gun or a firearm equipped with any
28 device or attachment designed or used for silencing the
29 report of a firearm or aggravated discharge of a machine
30 gun or a firearm equipped with any device or attachment
31 designed or used for silencing the report of a firearm,
32 committed on or after the effective date of this
33 amendatory Act of 1998, that a prisoner serving a
34 sentence for any of these offenses shall receive no more
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1 than 4.5 days of good conduct credit for each month of
2 his or her sentence of imprisonment.
3 (3) The rules and regulations shall also provide
4 that the Director may award up to 180 days additional
5 good conduct credit for meritorious service in specific
6 instances as the Director deems proper; except that no
7 more than 90 days of good conduct credit for meritorious
8 service shall be awarded to any prisoner who is serving a
9 sentence for conviction of first degree murder, reckless
10 homicide while under the influence of alcohol or any
11 other drug, aggravated kidnapping, kidnapping, predatory
12 criminal sexual assault of a child, aggravated criminal
13 sexual assault, criminal sexual assault, deviate sexual
14 assault, aggravated criminal sexual abuse, aggravated
15 indecent liberties with a child, indecent liberties with
16 a child, child pornography, heinous battery, aggravated
17 battery of a spouse, aggravated battery of a spouse with
18 a firearm, stalking, aggravated stalking, aggravated
19 battery of a child, endangering the life or health of a
20 child, cruelty to a child, or narcotic racketeering.
21 Notwithstanding the foregoing, good conduct credit for
22 meritorious service shall not be awarded on a sentence of
23 imprisonment imposed for conviction of one of the
24 offenses enumerated in subdivision (a)(2) when the
25 offense is committed on or after the effective date of
26 this amendatory Act of 1995 or for conviction of one of
27 the offenses enumerated in subdivision (a)(2.3) when the
28 offense is committed on or after the effective date of
29 this amendatory Act of 1998.
30 (4) The rules and regulations shall also provide
31 that the good conduct credit accumulated and retained
32 under paragraph (2.1) of subsection (a) of this Section
33 by any inmate during specific periods of time in which
34 such inmate is engaged full-time in substance abuse
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1 programs, correctional industry assignments, or
2 educational programs provided by the Department under
3 this paragraph (4) and satisfactorily completes the
4 assigned program as determined by the standards of the
5 Department, shall be multiplied by a factor of 1.25 for
6 program participation before the effective date of this
7 amendatory Act of 1993 and 1.50 for program participation
8 on or after that date. However, no inmate shall be
9 eligible for the additional good conduct credit under
10 this paragraph (4) while assigned to a boot camp, mental
11 health unit, or electronic detention, or if convicted of
12 an offense enumerated in paragraph (a)(2) of this Section
13 that is committed on or after the effective date of this
14 amendatory Act of 1995, or if convicted of an offense
15 enumerated in paragraph (a)(2.3) of this Section that is
16 committed on or after the effective date of this
17 amendatory Act of 1998, or first degree murder, a Class X
18 felony, criminal sexual assault, felony criminal sexual
19 abuse, aggravated criminal sexual abuse, aggravated
20 battery with a firearm, or any predecessor or successor
21 offenses with the same or substantially the same
22 elements, or any inchoate offenses relating to the
23 foregoing offenses. No inmate shall be eligible for the
24 additional good conduct credit under this paragraph (4)
25 who (i) has previously received increased good conduct
26 credit under this paragraph (4) and has subsequently been
27 convicted of a felony, or (ii) has previously served more
28 than one prior sentence of imprisonment for a felony in
29 an adult correctional facility.
30 Educational, vocational, substance abuse and
31 correctional industry programs under which good conduct
32 credit may be increased under this paragraph (4) shall be
33 evaluated by the Department on the basis of documented
34 standards. The Department shall report the results of
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1 these evaluations to the Governor and the General
2 Assembly by September 30th of each year. The reports
3 shall include data relating to the recidivism rate among
4 program participants.
5 Availability of these programs shall be subject to
6 the limits of fiscal resources appropriated by the
7 General Assembly for these purposes. Eligible inmates
8 who are denied immediate admission shall be placed on a
9 waiting list under criteria established by the
10 Department. The inability of any inmate to become engaged
11 in any such programs by reason of insufficient program
12 resources or for any other reason established under the
13 rules and regulations of the Department shall not be
14 deemed a cause of action under which the Department or
15 any employee or agent of the Department shall be liable
16 for damages to the inmate.
17 (5) Whenever the Department is to release any
18 inmate earlier than it otherwise would because of a grant
19 of good conduct credit for meritorious service given at
20 any time during the term, the Department shall give
21 reasonable advance notice of the impending release to the
22 State's Attorney of the county where the prosecution of
23 the inmate took place.
24 (b) Whenever a person is or has been committed under
25 several convictions, with separate sentences, the sentences
26 shall be construed under Section 5-8-4 in granting and
27 forfeiting of good time.
28 (c) The Department shall prescribe rules and regulations
29 for revoking good conduct credit, or suspending or reducing
30 the rate of accumulation of good conduct credit for specific
31 rule violations, during imprisonment. These rules and
32 regulations shall provide that no inmate may be penalized
33 more than one year of good conduct credit for any one
34 infraction.
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1 When the Department seeks to revoke, suspend or reduce
2 the rate of accumulation of any good conduct credits for an
3 alleged infraction of its rules, it shall bring charges
4 therefor against the prisoner sought to be so deprived of
5 good conduct credits before the Prisoner Review Board as
6 provided in subparagraph (a)(4) of Section 3-3-2 of this
7 Code, if the amount of credit at issue exceeds 30 days or
8 when during any 12 month period, the cumulative amount of
9 credit revoked exceeds 30 days except where the infraction is
10 committed or discovered within 60 days of scheduled release.
11 In those cases, the Department of Corrections may revoke up
12 to 30 days of good conduct credit. The Board may subsequently
13 approve the revocation of additional good conduct credit, if
14 the Department seeks to revoke good conduct credit in excess
15 of 30 days. However, the Board shall not be empowered to
16 review the Department's decision with respect to the loss of
17 30 days of good conduct credit within any calendar year for
18 any prisoner or to increase any penalty beyond the length
19 requested by the Department.
20 The Director of the Department of Corrections, in
21 appropriate cases, may restore up to 30 days good conduct
22 credits which have been revoked, suspended or reduced. Any
23 restoration of good conduct credits in excess of 30 days
24 shall be subject to review by the Prisoner Review Board.
25 However, the Board may not restore good conduct credit in
26 excess of the amount requested by the Director.
27 Nothing contained in this Section shall prohibit the
28 Prisoner Review Board from ordering, pursuant to Section
29 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
30 the sentence imposed by the court that was not served due to
31 the accumulation of good conduct credit.
32 (d) If a lawsuit is filed by a prisoner in an Illinois
33 or federal court against the State, the Department of
34 Corrections, or the Prisoner Review Board, or against any of
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1 their officers or employees, and the court makes a specific
2 finding that a pleading, motion, or other paper filed by the
3 prisoner is frivolous, the Department of Corrections shall
4 conduct a hearing to revoke up to 180 days of good conduct
5 credit by bringing charges against the prisoner sought to be
6 deprived of the good conduct credits before the Prisoner
7 Review Board as provided in subparagraph (a)(8) of Section
8 3-3-2 of this Code. If the prisoner has not accumulated 180
9 days of good conduct credit at the time of the finding, then
10 the Prisoner Review Board may revoke all good conduct credit
11 accumulated by the prisoner.
12 For purposes of this subsection (d):
13 (1) "Frivolous" means that a pleading, motion, or
14 other filing which purports to be a legal document filed
15 by a prisoner in his or her lawsuit meets any or all of
16 the following criteria:
17 (A) it lacks an arguable basis either in law
18 or in fact;
19 (B) it is being presented for any improper
20 purpose, such as to harass or to cause unnecessary
21 delay or needless increase in the cost of
22 litigation;
23 (C) the claims, defenses, and other legal
24 contentions therein are not warranted by existing
25 law or by a nonfrivolous argument for the extension,
26 modification, or reversal of existing law or the
27 establishment of new law;
28 (D) the allegations and other factual
29 contentions do not have evidentiary support or, if
30 specifically so identified, are not likely to have
31 evidentiary support after a reasonable opportunity
32 for further investigation or discovery; or
33 (E) the denials of factual contentions are not
34 warranted on the evidence, or if specifically so
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1 identified, are not reasonably based on a lack of
2 information or belief.
3 (2) "Lawsuit" means a petition for post conviction
4 relief under Article 122 of the Code of Criminal
5 Procedure of 1963, a motion pursuant to Section 116-3 of
6 the Code of Criminal Procedure of 1963, a habeas corpus
7 action under Article X of the Code of Civil Procedure or
8 under federal law (28 U.S.C. 2254), a petition for claim
9 under the Court of Claims Act or an action under the
10 federal Civil Rights Act (42 U.S.C. 1983).
11 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
12 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
13 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
14 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
15 Sec. 5-8-1. Sentence of Imprisonment for Felony.
16 (a) Except as otherwise provided in the statute defining
17 the offense, a sentence of imprisonment for a felony shall be
18 a determinate sentence set by the court under this Section,
19 according to the following limitations:
20 (1) for first degree murder,
21 (a) a term shall be not less than 20 years and
22 not more than 60 years, or
23 (a-5) if the court finds that the conduct
24 leading to the murder was streetgang related
25 criminal activity with the intent (i) to increase
26 the gang's size, membership, prestige, dominance, or
27 control in any geographical area, or (ii) to exact
28 revenge or retribution for any gang or member of the
29 gang, or (iii) to obstruct justice or intimidate or
30 eliminate any witness against the gang or any member
31 of the gang, or (iv) to directly or indirectly cause
32 any benefit, aggrandizement, gain, profit or other
33 advantage to or for the gang, its reputation,
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1 influence or membership, the court shall sentence
2 the defendant to a term of not less than 30 and not
3 more than 60 years.
4 For the purpose of this Section, "streetgang" or "gang"
5 has the meaning ascribed to it by Section 10 of the Illinois
6 Streetgang Terrorism Omnibus Prevention Act.
7 (b) if the court finds that the murder was
8 accompanied by exceptionally brutal or heinous
9 behavior indicative of wanton cruelty or, except as
10 set forth in subsection (a)(1)(c) of this Section,
11 that any of the aggravating factors listed in
12 subsection (b) of Section 9-1 of the Criminal Code
13 of 1961 are present, the court may sentence the
14 defendant to a term of natural life imprisonment, or
15 (c) the court shall sentence the defendant to
16 a term of natural life imprisonment when the death
17 penalty is not imposed if the defendant,
18 (i) has previously been convicted of
19 first degree murder under any state or federal
20 law, or
21 (ii) is a person who, at the time of the
22 commission of the murder, had attained the age
23 of 17 or more and is found guilty of murdering
24 an individual under 12 years of age; or,
25 irrespective of the defendant's age at the time
26 of the commission of the offense, is found
27 guilty of murdering more than one victim, or
28 (iii) is found guilty of murdering a
29 peace officer or fireman when the peace officer
30 or fireman was killed in the course of
31 performing his official duties, or to prevent
32 the peace officer or fireman from performing
33 his official duties, or in retaliation for the
34 peace officer or fireman performing his
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1 official duties, and the defendant knew or
2 should have known that the murdered individual
3 was a peace officer or fireman, or
4 (iv) is found guilty of murdering an
5 employee of an institution or facility of the
6 Department of Corrections, or any similar local
7 correctional agency, when the employee was
8 killed in the course of performing his official
9 duties, or to prevent the employee from
10 performing his official duties, or in
11 retaliation for the employee performing his
12 official duties, or
13 (v) is found guilty of murdering an
14 emergency medical technician - ambulance,
15 emergency medical technician - intermediate,
16 emergency medical technician - paramedic,
17 ambulance driver or other medical assistance or
18 first aid person while employed by a
19 municipality or other governmental unit when
20 the person was killed in the course of
21 performing official duties or to prevent the
22 person from performing official duties or in
23 retaliation for performing official duties and
24 the defendant knew or should have known that
25 the murdered individual was an emergency
26 medical technician - ambulance, emergency
27 medical technician - intermediate, emergency
28 medical technician - paramedic, ambulance
29 driver, or other medical assistant or first aid
30 personnel, or
31 (vi) is a person who, at the time of the
32 commission of the murder, had not attained the
33 age of 17, and is found guilty of murdering a
34 person under 12 years of age and the murder is
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1 committed during the course of aggravated
2 criminal sexual assault, criminal sexual
3 assault, or aggravated kidnaping.
4 For purposes of clause (v), "emergency medical
5 technician - ambulance", "emergency medical
6 technician - intermediate", "emergency medical
7 technician - paramedic", have the meanings ascribed
8 to them in the Emergency Medical Services (EMS)
9 Systems Act.
10 (1.5) for second degree murder, a term shall be not
11 less than 4 years and not more than 20 years;
12 (2) for a person adjudged a habitual criminal under
13 Article 33B of the Criminal Code of 1961, as amended, the
14 sentence shall be a term of natural life imprisonment;
15 (2.5) for a person convicted under the
16 circumstances described in paragraph (3) of subsection
17 (b) of Section 12-13, paragraph (2) of subsection (d) of
18 Section 12-14, or paragraph (2) of subsection (b) of
19 Section 12-14.1 of the Criminal Code of 1961, the
20 sentence shall be a term of natural life imprisonment;
21 (3) except as otherwise provided in the statute
22 defining the offense, for a Class X felony, the sentence
23 shall be not less than 6 years and not more than 30
24 years;
25 (4) for a Class 1 felony, other than second degree
26 murder, the sentence shall be not less than 4 years and
27 not more than 15 years;
28 (5) for a Class 2 felony, the sentence shall be not
29 less than 3 years and not more than 7 years;
30 (6) for a Class 3 felony, the sentence shall be not
31 less than 2 years and not more than 5 years;
32 (7) for a Class 4 felony, the sentence shall be not
33 less than 1 year and not more than 3 years.
34 (b) The sentencing judge in each felony conviction shall
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1 set forth his reasons for imposing the particular sentence he
2 enters in the case, as provided in Section 5-4-1 of this
3 Code. Those reasons may include any mitigating or
4 aggravating factors specified in this Code, or the lack of
5 any such circumstances, as well as any other such factors as
6 the judge shall set forth on the record that are consistent
7 with the purposes and principles of sentencing set out in
8 this Code.
9 (c) A motion to reduce a sentence may be made, or the
10 court may reduce a sentence without motion, within 30 days
11 after the sentence is imposed. A defendant's challenge to
12 the correctness of a sentence or to any aspect of the
13 sentencing hearing shall be made by a written motion filed
14 within 30 days following the imposition of sentence.
15 However, the court may not increase a sentence once it is
16 imposed.
17 If a motion filed pursuant to this subsection is timely
18 filed within 30 days after the sentence is imposed, the
19 proponent of the motion shall exercise due diligence in
20 seeking a determination on the motion and the court shall
21 thereafter decide such motion within a reasonable time.
22 If a motion filed pursuant to this subsection is timely
23 filed within 30 days after the sentence is imposed, then for
24 purposes of perfecting an appeal, a final judgment shall not
25 be considered to have been entered until the motion to reduce
26 a sentence has been decided by order entered by the trial
27 court.
28 A motion filed pursuant to this subsection shall not be
29 considered to have been timely filed unless it is filed with
30 the circuit court clerk within 30 days after the sentence is
31 imposed together with a notice of motion, which notice of
32 motion shall set the motion on the court's calendar on a date
33 certain within a reasonable time after the date of filing.
34 (d) Except where a term of natural life is imposed,
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1 every sentence shall include as though written therein a term
2 in addition to the term of imprisonment. For those sentenced
3 under the law in effect prior to February 1, 1978, such term
4 shall be identified as a parole term. For those sentenced on
5 or after February 1, 1978, such term shall be identified as a
6 mandatory supervised release term. Subject to earlier
7 termination under Section 3-3-8, the parole or mandatory
8 supervised release term shall be as follows:
9 (1) for first degree murder or a Class X felony, 3
10 years;
11 (2) for a Class 1 felony or a Class 2 felony, 2
12 years;
13 (3) for a Class 3 felony or a Class 4 felony, 1
14 year.
15 (e) A defendant who has a previous and unexpired
16 sentence of imprisonment imposed by another state or by any
17 district court of the United States and who, after sentence
18 for a crime in Illinois, must return to serve the unexpired
19 prior sentence may have his sentence by the Illinois court
20 ordered to be concurrent with the prior sentence in the other
21 state. The court may order that any time served on the
22 unexpired portion of the sentence in the other state, prior
23 to his return to Illinois, shall be credited on his Illinois
24 sentence. The other state shall be furnished with a copy of
25 the order imposing sentence which shall provide that, when
26 the offender is released from confinement of the other state,
27 whether by parole or by termination of sentence, the offender
28 shall be transferred by the Sheriff of the committing county
29 to the Illinois Department of Corrections. The court shall
30 cause the Department of Corrections to be notified of such
31 sentence at the time of commitment and to be provided with
32 copies of all records regarding the sentence.
33 (f) A defendant who has a previous and unexpired
34 sentence of imprisonment imposed by an Illinois circuit court
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1 for a crime in this State and who is subsequently sentenced
2 to a term of imprisonment by another state or by any district
3 court of the United States and who has served a term of
4 imprisonment imposed by the other state or district court of
5 the United States, and must return to serve the unexpired
6 prior sentence imposed by the Illinois Circuit Court may
7 apply to the court which imposed sentence to have his
8 sentence reduced.
9 The circuit court may order that any time served on the
10 sentence imposed by the other state or district court of the
11 United States be credited on his Illinois sentence. Such
12 application for reduction of a sentence under this
13 subsection (f) shall be made within 30 days after the
14 defendant has completed the sentence imposed by the other
15 state or district court of the United States.
16 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
17 89-462, eff. 5-29-96; 90-396, eff. 1-1-98.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.".