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90_SB0172sam001
LRB9000810RCksam
1 AMENDMENT TO SENATE BILL 172
2 AMENDMENT NO. . Amend Senate Bill 172, on page 1, by
3 inserting between lines 3 and 4 the following:
4 "Section 2. The Unified Code of Corrections is amended
5 by changing Section 5-4-1 as follows:
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
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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- LRB9000810RCksam
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- LRB9000810RCksam
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- LRB9000810RCksam
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- LRB9000810RCksam
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 (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
-7- LRB9000810RCksam
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.)
29 (Text of Section after amendment by P.A. 89-507)
30 Sec. 5-4-1. Sentencing Hearing.
31 (a) Except when the death penalty is sought under
32 hearing procedures otherwise specified, after a determination
33 of guilt, a hearing shall be held to impose the sentence.
34 However, prior to the imposition of sentence on an individual
-8- LRB9000810RCksam
1 being sentenced for an offense based upon a charge for a
2 violation of Section 11-501 of the Illinois Vehicle Code or a
3 similar provision of a local ordinance, the individual must
4 undergo a professional evaluation to determine if an alcohol
5 or other drug abuse problem exists and the extent of such a
6 problem. Programs conducting these evaluations shall be
7 licensed by the Department of Human Services. However, if
8 the individual is not a resident of Illinois, the court may,
9 in its discretion, accept an evaluation from a program in the
10 state of such individual's residence. The court may in its
11 sentencing order approve an eligible defendant for placement
12 in a Department of Corrections impact incarceration program
13 as provided in Section 5-8-1.1. At the hearing the court
14 shall:
15 (1) consider the evidence, if any, received upon
16 the trial;
17 (2) consider any presentence reports;
18 (3) consider the financial impact of incarceration
19 based on the financial impact statement filed with the
20 clerk of the court by the Department of Corrections;
21 (4) consider evidence and information offered by
22 the parties in aggravation and mitigation;
23 (5) hear arguments as to sentencing alternatives;
24 (6) afford the defendant the opportunity to make a
25 statement in his own behalf;
26 (7) afford the victim of a violent crime or a
27 violation of Section 11-501 of the Illinois Vehicle Code,
28 or a similar provision of a local ordinance, committed by
29 the defendant the opportunity to make a statement
30 concerning the impact on the victim and to offer evidence
31 in aggravation or mitigation; provided that the statement
32 and evidence offered in aggravation or mitigation must
33 first be prepared in writing in conjunction with the
34 State's Attorney before it may be presented orally at the
-9- LRB9000810RCksam
1 hearing. Any sworn testimony offered by the victim is
2 subject to the defendant's right to cross-examine. All
3 statements and evidence offered under this paragraph (7)
4 shall become part of the record of the court; and
5 (8) in cases of reckless homicide afford the
6 victim's spouse, guardians, parents or other immediate
7 family members an opportunity to make oral statements.
8 (b) All sentences shall be imposed by the judge based
9 upon his independent assessment of the elements specified
10 above and any agreement as to sentence reached by the
11 parties. The judge who presided at the trial or the judge
12 who accepted the plea of guilty shall impose the sentence
13 unless he is no longer sitting as a judge in that court.
14 Where the judge does not impose sentence at the same time on
15 all defendants who are convicted as a result of being
16 involved in the same offense, the defendant or the State's
17 attorney may advise the sentencing court of the disposition
18 of any other defendants who have been sentenced.
19 (c) In imposing a sentence for a violent crime or for an
20 offense of operating or being in physical control of a
21 vehicle while under the influence of alcohol, any other drug
22 or any combination thereof, or a similar provision of a local
23 ordinance, when such offense resulted in the personal injury
24 to someone other than the defendant, the trial judge shall
25 specify on the record the particular evidence, information,
26 factors in mitigation and aggravation or other reasons that
27 led to his sentencing determination. The full verbatim record
28 of the sentencing hearing shall be filed with the clerk of
29 the court and shall be a public record.
30 (c-1) In imposing a sentence for the offense of
31 aggravated kidnapping for ransom, home invasion, armed
32 robbery, aggravated vehicular hijacking, aggravated discharge
33 of a firearm, or armed violence with a category I weapon or
34 category II weapon, the trial judge shall make a finding as
-10- LRB9000810RCksam
1 to whether the conduct leading to conviction for the offense
2 resulted in great bodily harm to a victim, and shall enter
3 that finding and the basis for that finding in the record.
4 (c-2) If the defendant is sentenced to prison, other
5 than when a sentence of natural life imprisonment or a
6 sentence of death is imposed, at the time the sentence is
7 imposed the judge shall state on the record in open court the
8 approximate period of time the defendant will serve in
9 custody according to the then current statutory rules and
10 regulations for early release found in Section 3-6-3 and
11 other related provisions of this Code. This statement is
12 intended solely to inform the public, has no legal effect on
13 the defendant's actual release, and may not be relied on by
14 the defendant on appeal.
15 The judge's statement, to be given after pronouncing the
16 sentence, other than when the sentence is imposed for one of
17 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
18 shall include the following:
19 "The purpose of this statement is to inform the public of
20 the actual period of time this defendant is likely to spend
21 in prison as a result of this sentence. The actual period of
22 prison time served is determined by the statutes of Illinois
23 as applied to this sentence by the Illinois Department of
24 Corrections and the Illinois Prisoner Review Board. In this
25 case, assuming the defendant receives all of his or her good
26 conduct credit, the period of estimated actual custody is ...
27 years and ... months, less up to 180 days additional good
28 conduct credit for meritorious service. If the defendant,
29 because of his or her own misconduct or failure to comply
30 with the institutional regulations, does not receive those
31 credits, the actual time served in prison will be longer.
32 The defendant may also receive an additional one-half day
33 good conduct credit for each day of participation in
34 vocational, industry, substance abuse, and educational
-11- LRB9000810RCksam
1 programs as provided for by Illinois statute."
2 When the sentence is imposed for one of the offenses
3 enumerated in paragraph (a)(3) of Section 3-6-3, other than
4 when the sentence is imposed for one of the offenses
5 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
6 or after the effective date of this amendatory Act of 1995,
7 the judge's statement, to be given after pronouncing the
8 sentence, 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 90 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)(2) of Section 3-6-3, other than
28 first degree murder, and the offense was committed on or
29 after the effective date of this amendatory Act of 1995, the
30 judge's statement, to be given after pronouncing the
31 sentence, shall include the following:
32 "The purpose of this statement is to inform the public of
33 the actual period of time this defendant is likely to spend
34 in prison as a result of this sentence. The actual period of
-12- LRB9000810RCksam
1 prison time served is determined by the statutes of Illinois
2 as applied to this sentence by the Illinois Department of
3 Corrections and the Illinois Prisoner Review Board. In this
4 case, the defendant is entitled to no more than 4 1/2 days of
5 good conduct credit for each month of his or her sentence of
6 imprisonment. Therefore, this defendant will serve at least
7 85% of his or her sentence. Assuming the defendant receives
8 4 1/2 days credit for each month of his or her sentence, the
9 period of estimated actual custody is ... years and ...
10 months. If the defendant, because of his or her own
11 misconduct or failure to comply with the institutional
12 regulations receives lesser credit, the actual time served in
13 prison will be longer."
14 When a sentence of imprisonment is imposed for first
15 degree murder and the offense was committed on or after the
16 effective date of this amendatory Act of 1995, the judge's
17 statement, to be given after pronouncing the sentence, shall
18 include the following:
19 "The purpose of this statement is to inform the public of
20 the actual period of time this defendant is likely to spend
21 in prison as a result of this sentence. The actual period of
22 prison time served is determined by the statutes of Illinois
23 as applied to this sentence by the Illinois Department of
24 Corrections and the Illinois Prisoner Review Board. In this
25 case, the defendant is not entitled to good conduct credit.
26 Therefore, this defendant will serve 100% of his or her
27 sentence."
28 (c-3) In imposing a sentence for the offense of child
29 abduction under paragraph (10) of subsection (b) of Section
30 10-5 of the Criminal Code of 1961, for purposes of the Sex
31 Offender Registration Act, the trial judge shall make a
32 finding as to whether the conduct was committed for the
33 unlawful purpose of committing or attempting to commit one of
34 the following offenses: child pornography, indecent
-13- LRB9000810RCksam
1 solicitation of a child, sexual exploitation of a child,
2 soliciting for a juvenile prostitute, patronizing a juvenile
3 prostitute, keeping a place of juvenile prostitution,
4 juvenile pimping, exploitation of a child, criminal sexual
5 assault, aggravated criminal sexual assault, predatory
6 criminal sexual assault of a child, criminal sexual abuse,
7 aggravated criminal sexual abuse, or ritualized abuse of a
8 child.
9 (d) When the defendant is committed to the Department of
10 Corrections, the State's Attorney shall and counsel for the
11 defendant may file a statement with the clerk of the court to
12 be transmitted to the department, agency or institution to
13 which the defendant is committed to furnish such department,
14 agency or institution with the facts and circumstances of the
15 offense for which the person was committed together with all
16 other factual information accessible to them in regard to the
17 person prior to his commitment relative to his habits,
18 associates, disposition and reputation and any other facts
19 and circumstances which may aid such department, agency or
20 institution during its custody of such person. The clerk
21 shall within 10 days after receiving any such statements
22 transmit a copy to such department, agency or institution and
23 a copy to the other party, provided, however, that this shall
24 not be cause for delay in conveying the person to the
25 department, agency or institution to which he has been
26 committed.
27 (e) The clerk of the court shall transmit to the
28 department, agency or institution, if any, to which the
29 defendant is committed, the following:
30 (1) the sentence imposed;
31 (2) any statement by the court of the basis for
32 imposing the sentence;
33 (3) any presentence reports;
34 (4) the number of days, if any, which the defendant
-14- LRB9000810RCksam
1 has been in custody and for which he is entitled to
2 credit against the sentence, which information shall be
3 provided to the clerk by the sheriff;
4 (4.1) any finding of great bodily harm made by the
5 court with respect to an offense enumerated in subsection
6 (c-1);
7 (5) all statements filed under subsection (d) of
8 this Section;
9 (6) any medical or mental health records or
10 summaries of the defendant;
11 (7) the municipality where the arrest of the
12 offender or the commission of the offense has occurred,
13 where such municipality has a population of more than
14 25,000 persons;
15 (8) all statements made and evidence offered under
16 paragraph (7) of subsection (a) of this Section; and
17 (9) all additional matters which the court directs
18 the clerk to transmit.
19 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)";
20 and
21 on page 3, line 28, by inserting after "purpose" the
22 following:
23 ", when the court has made and entered a finding, pursuant to
24 subsection (c-3) of Section 5-4-1 of the Unified Code of
25 Corrections, that the conduct leading to conviction for child
26 abduction under paragraph (10) of subsection (b) of Section
27 10-5 of the Criminal Code of 1961 was for the unlawful
28 purpose of committing or attempting to commit one of the
29 offenses enumerated in paragraph (1) of subsection (B) of
30 this Section,".