Illinois General Assembly - Full Text of Public Act 096-0282
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Public Act 096-0282


 

Public Act 0282 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0282
 
HB2541 Enrolled LRB096 09386 RLC 19543 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unified Code of Corrections is amended by
changing Sections 3-14-2 and 5-8-1 and by adding Section 3-14-7
as follows:
 
    (730 ILCS 5/3-14-2)  (from Ch. 38, par. 1003-14-2)
    Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
Release and Release by Statute.
    (a) The Department shall retain custody of all persons
placed on parole or mandatory supervised release or released
pursuant to Section 3-3-10 of this Code and shall supervise
such persons during their parole or release period in accord
with the conditions set by the Prisoner Review Board. Such
conditions shall include referral to an alcohol or drug abuse
treatment program, as appropriate, if such person has
previously been identified as having an alcohol or drug abuse
problem. Such conditions may include that the person use an
approved electronic monitoring device subject to Article 8A of
Chapter V.
    (b) The Department shall assign personnel to assist persons
eligible for parole in preparing a parole plan. Such Department
personnel shall make a report of their efforts and findings to
the Prisoner Review Board prior to its consideration of the
case of such eligible person.
    (c) A copy of the conditions of his parole or release shall
be signed by the parolee or releasee and given to him and to
his supervising officer who shall report on his progress under
the rules and regulations of the Prisoner Review Board. The
supervising officer shall report violations to the Prisoner
Review Board and shall have the full power of peace officers in
the arrest and retaking of any parolees or releasees or the
officer may request the Department to issue a warrant for the
arrest of any parolee or releasee who has allegedly violated
his parole or release conditions.
    (c-1) The supervising officer shall request the Department
to issue a parole violation warrant, and the Department shall
issue a parole violation warrant, under the following
circumstances:
        (1) If the parolee or releasee commits an act that
    constitutes a felony using a firearm or knife, or,
        (2) if applicable, fails to comply with the
    requirements of the Sex Offender Registration Act, or
        (3) if the parolee or releasee is charged with:
            (A) domestic battery under Section 12-3.2 of the
        Criminal Code of 1961,
            (B) aggravated domestic battery under Section
        12-3.3 of the Criminal Code of 1961,
            (C) stalking under Section 12-7.3 of the Criminal
        Code of 1961,
            (D) aggravated stalking under Section 12-7.4 of
        the Criminal Code of 1961,
            (E) violation of an order of protection under
        Section 12-30 of the Criminal Code of 1961, or
            (F) any offense that would require registration as
        a sex offender under the Sex Offender Registration Act.
         the officer shall request the Department to issue a
    warrant and the Department shall issue the warrant and the
    officer or the Department shall file a violation report
    with notice of charges with the Prisoner Review Board. A
    sheriff or other peace officer may detain an alleged parole
    or release violator until a warrant for his return to the
    Department can be issued. The parolee or releasee may be
    delivered to any secure place until he can be transported
    to the Department. The officer or the Department shall file
    a violation report with notice of charges with the Prisoner
    Review Board.
    (d) The supervising officer shall regularly advise and
consult with the parolee or releasee, assist him in adjusting
to community life, inform him of the restoration of his rights
on successful completion of sentence under Section 5-5-5. If
the parolee or releasee has been convicted of a sex offense as
defined in the Sex Offender Management Board Act, the
supervising officer shall periodically, but not less than once
a month, verify that the parolee or releasee is in compliance
with paragraph (7.6) of subsection (a) of Section 3-3-7.
    (e) Supervising officers shall receive specialized
training in the special needs of female releasees or parolees
including the family reunification process.
    (f) The supervising officer shall keep such records as the
Prisoner Review Board or Department may require. All records
shall be entered in the master file of the individual.
(Source: P.A. 93-979, eff. 8-20-04; 94-161, eff. 7-11-05.)
 
    (730 ILCS 5/3-14-7 new)
    Sec. 3-14-7. Supervision of domestic violence offenders. A
person convicted of a felony domestic battery, aggravated
domestic battery, stalking, aggravated stalking, or a felony
violation of an order of protection shall be supervised during
his or her term of parole or mandatory supervised release by a
supervising officer who has completed not less than 40 hours of
domestic violence and partner abuse intervention training.
 
    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
    (Text of Section after amendment by P.A. 95-983)
    Sec. 5-8-1. Sentence of Imprisonment for Felony.
    (a) Except as otherwise provided in the statute defining
the offense, a sentence of imprisonment for a felony shall be a
determinate sentence set by the court under this Section,
according to the following limitations:
        (1) for first degree murder,
            (a) a term shall be not less than 20 years and not
        more than 60 years, or
            (b) if a trier of fact finds beyond a reasonable
        doubt that the murder was accompanied by exceptionally
        brutal or heinous behavior indicative of wanton
        cruelty or, except as set forth in subsection (a)(1)(c)
        of this Section, that any of the aggravating factors
        listed in subsection (b) of Section 9-1 of the Criminal
        Code of 1961 are present, the court may sentence the
        defendant to a term of natural life imprisonment, or
            (c) the court shall sentence the defendant to a
        term of natural life imprisonment when the death
        penalty is not imposed if the defendant,
                (i) has previously been convicted of first
            degree murder under any state or federal law, or
                (ii) is a person who, at the time of the
            commission of the murder, had attained the age of
            17 or more and is found guilty of murdering an
            individual under 12 years of age; or, irrespective
            of the defendant's age at the time of the
            commission of the offense, is found guilty of
            murdering more than one victim, or
                (iii) is found guilty of murdering a peace
            officer, fireman, or emergency management worker
            when the peace officer, fireman, or emergency
            management worker was killed in the course of
            performing his official duties, or to prevent the
            peace officer or fireman from performing his
            official duties, or in retaliation for the peace
            officer, fireman, or emergency management worker
            from performing his official duties, and the
            defendant knew or should have known that the
            murdered individual was a peace officer, fireman,
            or emergency management worker, or
                (iv) is found guilty of murdering an employee
            of an institution or facility of the Department of
            Corrections, or any similar local correctional
            agency, when the employee was killed in the course
            of performing his official duties, or to prevent
            the employee from performing his official duties,
            or in retaliation for the employee performing his
            official duties, or
                (v) is found guilty of murdering an emergency
            medical technician - ambulance, emergency medical
            technician - intermediate, emergency medical
            technician - paramedic, ambulance driver or other
            medical assistance or first aid person while
            employed by a municipality or other governmental
            unit when the person was killed in the course of
            performing official duties or to prevent the
            person from performing official duties or in
            retaliation for performing official duties and the
            defendant knew or should have known that the
            murdered individual was an emergency medical
            technician - ambulance, emergency medical
            technician - intermediate, emergency medical
            technician - paramedic, ambulance driver, or other
            medical assistant or first aid personnel, or
                (vi) is a person who, at the time of the
            commission of the murder, had not attained the age
            of 17, and is found guilty of murdering a person
            under 12 years of age and the murder is committed
            during the course of aggravated criminal sexual
            assault, criminal sexual assault, or aggravated
            kidnaping, or
                (vii) is found guilty of first degree murder
            and the murder was committed by reason of any
            person's activity as a community policing
            volunteer or to prevent any person from engaging in
            activity as a community policing volunteer. For
            the purpose of this Section, "community policing
            volunteer" has the meaning ascribed to it in
            Section 2-3.5 of the Criminal Code of 1961.
            For purposes of clause (v), "emergency medical
        technician - ambulance", "emergency medical technician -
         intermediate", "emergency medical technician -
        paramedic", have the meanings ascribed to them in the
        Emergency Medical Services (EMS) Systems Act.
            (d) (i) if the person committed the offense while
            armed with a firearm, 15 years shall be added to
            the term of imprisonment imposed by the court;
                (ii) if, during the commission of the offense,
            the person personally discharged a firearm, 20
            years shall be added to the term of imprisonment
            imposed by the court;
                (iii) if, during the commission of the
            offense, the person personally discharged a
            firearm that proximately caused great bodily harm,
            permanent disability, permanent disfigurement, or
            death to another person, 25 years or up to a term
            of natural life shall be added to the term of
            imprisonment imposed by the court.
        (1.5) for second degree murder, a term shall be not
    less than 4 years and not more than 20 years;
        (2) for a person adjudged a habitual criminal under
    Article 33B of the Criminal Code of 1961, as amended, the
    sentence shall be a term of natural life imprisonment;
        (2.5) for a person convicted under the circumstances
    described in paragraph (3) of subsection (b) of Section
    12-13, paragraph (2) of subsection (d) of Section 12-14,
    paragraph (1.2) of subsection (b) of Section 12-14.1, or
    paragraph (2) of subsection (b) of Section 12-14.1 of the
    Criminal Code of 1961, the sentence shall be a term of
    natural life imprisonment;
        (3) except as otherwise provided in the statute
    defining the offense, for a Class X felony, the sentence
    shall be not less than 6 years and not more than 30 years;
        (4) for a Class 1 felony, other than second degree
    murder, the sentence shall be not less than 4 years and not
    more than 15 years;
        (5) for a Class 2 felony, the sentence shall be not
    less than 3 years and not more than 7 years;
        (6) for a Class 3 felony, the sentence shall be not
    less than 2 years and not more than 5 years;
        (7) for a Class 4 felony, the sentence shall be not
    less than 1 year and not more than 3 years.
    (b) The sentencing judge in each felony conviction shall
set forth his reasons for imposing the particular sentence he
enters in the case, as provided in Section 5-4-1 of this Code.
Those reasons may include any mitigating or aggravating factors
specified in this Code, or the lack of any such circumstances,
as well as any other such factors as the judge shall set forth
on the record that are consistent with the purposes and
principles of sentencing set out in this Code.
    (c) A motion to reduce a sentence may be made, or the court
may reduce a sentence without motion, within 30 days after the
sentence is imposed. A defendant's challenge to the correctness
of a sentence or to any aspect of the sentencing hearing shall
be made by a written motion filed within 30 days following the
imposition of sentence. However, the court may not increase a
sentence once it is imposed.
    If a motion filed pursuant to this subsection is timely
filed within 30 days after the sentence is imposed, the
proponent of the motion shall exercise due diligence in seeking
a determination on the motion and the court shall thereafter
decide such motion within a reasonable time.
    If a motion filed pursuant to this subsection is timely
filed within 30 days after the sentence is imposed, then for
purposes of perfecting an appeal, a final judgment shall not be
considered to have been entered until the motion to reduce a
sentence has been decided by order entered by the trial court.
    A motion filed pursuant to this subsection shall not be
considered to have been timely filed unless it is filed with
the circuit court clerk within 30 days after the sentence is
imposed together with a notice of motion, which notice of
motion shall set the motion on the court's calendar on a date
certain within a reasonable time after the date of filing.
    (d) Except where a term of natural life is imposed, every
sentence shall include as though written therein a term in
addition to the term of imprisonment. For those sentenced under
the law in effect prior to February 1, 1978, such term shall be
identified as a parole term. For those sentenced on or after
February 1, 1978, such term shall be identified as a mandatory
supervised release term. Subject to earlier termination under
Section 3-3-8, the parole or mandatory supervised release term
shall be as follows:
        (1) for first degree murder or a Class X felony except
    for the offenses of predatory criminal sexual assault of a
    child, aggravated criminal sexual assault, and criminal
    sexual assault if committed on or after the effective date
    of this amendatory Act of the 94th General Assembly and
    except for the offense of aggravated child pornography
    under Section 11-20.3 of the Criminal Code of 1961, if
    committed on or after January 1, 2009, 3 years;
        (2) for a Class 1 felony or a Class 2 felony except for
    the offense of criminal sexual assault if committed on or
    after the effective date of this amendatory Act of the 94th
    General Assembly and except for the offenses of manufacture
    and dissemination of child pornography under clauses
    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
    of 1961, if committed on or after January 1, 2009, 2 years;
        (3) for a Class 3 felony or a Class 4 felony, 1 year;
        (4) for defendants who commit the offense of predatory
    criminal sexual assault of a child, aggravated criminal
    sexual assault, or criminal sexual assault, on or after the
    effective date of this amendatory Act of the 94th General
    Assembly, or who commit the offense of aggravated child
    pornography, manufacture of child pornography, or
    dissemination of child pornography after January 1, 2009,
    the term of mandatory supervised release shall range from a
    minimum of 3 years to a maximum of the natural life of the
    defendant;
        (5) if the victim is under 18 years of age, for a
    second or subsequent offense of aggravated criminal sexual
    abuse or felony criminal sexual abuse, 4 years, at least
    the first 2 years of which the defendant shall serve in an
    electronic home detention program under Article 8A of
    Chapter V of this Code; .
        (6) for a felony domestic battery, aggravated domestic
    battery, stalking, aggravated stalking, and a felony
    violation of an order of protection, 4 years.
    (e) A defendant who has a previous and unexpired sentence
of imprisonment imposed by another state or by any district
court of the United States and who, after sentence for a crime
in Illinois, must return to serve the unexpired prior sentence
may have his sentence by the Illinois court ordered to be
concurrent with the prior sentence in the other state. The
court may order that any time served on the unexpired portion
of the sentence in the other state, prior to his return to
Illinois, shall be credited on his Illinois sentence. The other
state shall be furnished with a copy of the order imposing
sentence which shall provide that, when the offender is
released from confinement of the other state, whether by parole
or by termination of sentence, the offender shall be
transferred by the Sheriff of the committing county to the
Illinois Department of Corrections. The court shall cause the
Department of Corrections to be notified of such sentence at
the time of commitment and to be provided with copies of all
records regarding the sentence.
    (f) A defendant who has a previous and unexpired sentence
of imprisonment imposed by an Illinois circuit court for a
crime in this State and who is subsequently sentenced to a term
of imprisonment by another state or by any district court of
the United States and who has served a term of imprisonment
imposed by the other state or district court of the United
States, and must return to serve the unexpired prior sentence
imposed by the Illinois Circuit Court may apply to the court
which imposed sentence to have his sentence reduced.
    The circuit court may order that any time served on the
sentence imposed by the other state or district court of the
United States be credited on his Illinois sentence. Such
application for reduction of a sentence under this subsection
(f) shall be made within 30 days after the defendant has
completed the sentence imposed by the other state or district
court of the United States.
(Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06;
94-715, eff. 12-13-05; 95-983, eff. 6-1-09.)

Effective Date: 1/1/2010