Public Act 90-0651 of the 90th General Assembly
Public Act 90-0651
HB2400 Enrolled LRB9007731RCks
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Sections 9-1, 12-2, 12-4, 12-4.2, 12-6.2, and 24-1.2
and adding Section 2-3.5 as follows:
(720 ILCS 5/2-3.5 new)
Sec. 2-3.5. "Community policing volunteer" means a
person who is summoned or directed by a peace officer or any
person actively participating in a community policing program
and who is engaged in lawful conduct intended to assist any
unit of government in enforcing any criminal or civil law.
For the purpose of this Section, "community policing program"
means any plan, system or strategy established by and
conducted under the auspices of a law enforcement agency in
which citizens participate with and are guided by the law
enforcement agency and work with members of that agency to
reduce or prevent crime within a defined geographic area.
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree Murder - Death penalties -
Exceptions - Separate Hearings - Proof - Findings - Appellate
procedures - Reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing
the acts which cause the death:
(1) he either intends to kill or do great bodily
harm to that individual or another, or knows that such
acts will cause death to that individual or another; or
(2) he knows that such acts create a strong
probability of death or great bodily harm to that
individual or another; or
(3) he is attempting or committing a forcible
felony other than second degree murder.
(b) Aggravating Factors. A defendant who at the time of
the commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree murder may
be sentenced to death if:
(1) the murdered individual was a peace officer or
fireman killed in the course of performing his official
duties, to prevent the performance of his official
duties, or in retaliation for performing his official
duties, and the defendant knew or should have known that
the murdered individual was a peace officer or fireman;
or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, killed in the
course of performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his official duties, or the murdered
individual was an inmate at such institution or facility
and was killed on the grounds thereof, or the murdered
individual was otherwise present in such institution or
facility with the knowledge and approval of the chief
administrative officer thereof; or
(3) the defendant has been convicted of murdering
two or more individuals under subsection (a) of this
Section or under any law of the United States or of any
state which is substantially similar to subsection (a) of
this Section regardless of whether the deaths occurred
as the result of the same act or of several related or
unrelated acts so long as the deaths were the result of
either an intent to kill more than one person or of
separate acts which the defendant knew would cause death
or create a strong probability of death or great bodily
harm to the murdered individual or another; or
(4) the murdered individual was killed as a result
of the hijacking of an airplane, train, ship, bus or
other public conveyance; or
(5) the defendant committed the murder pursuant to
a contract, agreement or understanding by which he was to
receive money or anything of value in return for
committing the murder or procured another to commit the
murder for money or anything of value; or
(6) the murdered individual was killed in the
course of another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant,
or
(ii) received physical injuries
personally inflicted by the defendant
substantially contemporaneously with physical
injuries caused by one or more persons for
whose conduct the defendant is legally
accountable under Section 5-2 of this Code, and
the physical injuries inflicted by either the
defendant or the other person or persons for
whose conduct he is legally accountable caused
the death of the murdered individual; and
(b) in performing the acts which caused the
death of the murdered individual or which resulted
in physical injuries personally inflicted by the
defendant on the murdered individual under the
circumstances of subdivision (ii) of subparagraph
(a) of paragraph (6) of subsection (b) of this
Section, the defendant acted with the intent to kill
the murdered individual or with the knowledge that
his acts created a strong probability of death or
great bodily harm to the murdered individual or
another; and
(c) the other felony was one of the following:
armed robbery, armed violence, robbery, predatory
criminal sexual assault of a child, aggravated
criminal sexual assault, aggravated kidnapping,
aggravated vehicular hijacking, forcible detention,
arson, aggravated arson, aggravated stalking,
burglary, residential burglary, home invasion,
calculated criminal drug conspiracy as defined in
Section 405 of the Illinois Controlled Substances
Act, streetgang criminal drug conspiracy as defined
in Section 405.2 of the Illinois Controlled
Substances Act, or the attempt to commit any of the
felonies listed in this subsection (c); or
(7) the murdered individual was under 12 years of
age and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent
to prevent the murdered individual from testifying in any
criminal prosecution or giving material assistance to the
State in any investigation or prosecution, either against
the defendant or another; or the defendant committed the
murder because the murdered individual was a witness in
any prosecution or gave material assistance to the State
in any investigation or prosecution, either against the
defendant or another; or
(9) the defendant, while committing an offense
punishable under Sections 401, 401.1, 401.2, 405, 405.2,
407 or 407.1 or subsection (b) of Section 404 of the
Illinois Controlled Substances Act, or while engaged in a
conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(10) the defendant was incarcerated in an
institution or facility of the Department of Corrections
at the time of the murder, and while committing an
offense punishable as a felony under Illinois law, or
while engaged in a conspiracy or solicitation to commit
such offense, intentionally killed an individual or
counseled, commanded, induced, procured or caused the
intentional killing of the murdered individual; or
(11) the murder was committed in a cold, calculated
and premeditated manner pursuant to a preconceived plan,
scheme or design to take a human life by unlawful means,
and the conduct of the defendant created a reasonable
expectation that the death of a human being would result
therefrom; or
(12) the murdered individual was an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance
or first aid personnel, employed by a municipality or
other governmental unit, killed in the course of
performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his 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 assistance or first aid personnel; or
(13) the defendant was a principal administrator,
organizer, or leader of a calculated criminal drug
conspiracy consisting of a hierarchical position of
authority superior to that of all other members of the
conspiracy, and the defendant counseled, commanded,
induced, procured, or caused the intentional killing of
the murdered person; or
(14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section
torture means the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or
prolong the pain, suffering or agony of the victim; or
(15) the murder was committed as a result of the
intentional discharge of a firearm by the defendant from
a motor vehicle and the victim was not present within the
motor vehicle; or
(16) the murdered individual was 60 years of age or
older and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(17) the murdered individual was a disabled person
and the defendant knew or should have known that the
murdered individual was disabled. For purposes of this
paragraph (17), "disabled person" means a person who
suffers from a permanent physical or mental impairment
resulting from disease, an injury, a functional disorder,
or a congenital condition that renders the person
incapable of adequately providing for his or her own
health or personal care; or.
(18) 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.
(c) Consideration of factors in Aggravation and
Mitigation.
The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors
set forth in subsection (b). Mitigating factors may include
but need not be limited to the following:
(1) the defendant has no significant history of
prior criminal activity;
(2) the murder was committed while the defendant
was under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in
the defendant's homicidal conduct or consented to the
homicidal act;
(4) the defendant acted under the compulsion of
threat or menace of the imminent infliction of death or
great bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a
separate sentencing proceeding to determine the existence of
factors set forth in subsection (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
A. the defendant was convicted upon a plea of
guilty; or
B. the defendant was convicted after a trial
before the court sitting without a jury; or
C. the court for good cause shown discharges
the jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives
a jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of
the factors set forth in subsection (b) may be presented by
either the State or the defendant under the rules governing
the admission of evidence at criminal trials. Any
information relevant to any additional aggravating factors or
any mitigating factors indicated in subsection (c) may be
presented by the State or defendant regardless of its
admissibility under the rules governing the admission of
evidence at criminal trials. The State and the defendant
shall be given fair opportunity to rebut any information
received at the hearing.
(f) Proof.
The burden of proof of establishing the existence of any
of the factors set forth in subsection (b) is on the State
and shall not be satisfied unless established beyond a
reasonable doubt.
(g) Procedure - Jury.
If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (b) exists,
the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury
that one or more of the factors set forth in subsection (b)
exist, the jury shall consider aggravating and mitigating
factors as instructed by the court and shall determine
whether the sentence of death shall be imposed. If the jury
determines unanimously that there are no mitigating factors
sufficient to preclude the imposition of the death sentence,
the court shall sentence the defendant to death.
Unless the jury unanimously finds that there are no
mitigating factors sufficient to preclude the imposition of
the death sentence the court shall sentence the defendant to
a term of imprisonment under Chapter V of the Unified Code of
Corrections.
(h) Procedure - No Jury.
In a proceeding before the court alone, if the court
finds that none of the factors found in subsection (b)
exists, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
If the Court determines that one or more of the factors
set forth in subsection (b) exists, the Court shall consider
any aggravating and mitigating factors as indicated in
subsection (c). If the Court determines that there are no
mitigating factors sufficient to preclude the imposition of
the death sentence, the Court shall sentence the defendant to
death.
Unless the court finds that there are no mitigating
factors sufficient to preclude the imposition of the sentence
of death, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to
automatic review by the Supreme Court. Such review shall be
in accordance with rules promulgated by the Supreme Court.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held
to be unconstitutional by the Supreme Court of the United
States or of the State of Illinois, any person convicted of
first degree murder shall be sentenced by the court to a term
of imprisonment under Chapter V of the Unified Code of
Corrections.
In the event that any death sentence pursuant to the
sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over
a person previously sentenced to death shall cause the
defendant to be brought before the court, and the court shall
sentence the defendant to a term of imprisonment under
Chapter V of the Unified Code of Corrections.
(Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
1-1-98.)
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) A person commits an aggravated assault, when, in
committing an assault, he:
(1) Uses a deadly weapon or any device manufactured
and designed to be substantially similar in appearance to
a firearm, other than by discharging a firearm in the
direction of another person, a peace officer, a person
summoned or directed by a peace officer, a correctional
officer or a fireman or in the direction of a vehicle
occupied by another person, a peace officer, a person
summoned or directed by a peace officer, a correctional
officer or a fireman while the officer or fireman is
engaged in the execution of any of his official duties,
or to prevent the officer or fireman from performing his
official duties, or in retaliation for the officer or
fireman performing his official duties;
(2) Is hooded, robed or masked in such manner as to
conceal his identity or any device manufactured and
designed to be substantially similar in appearance to a
firearm;
(3) Knows the individual assaulted to be a teacher
or other person employed in any school and such teacher
or other employee is upon the grounds of a school or
grounds adjacent thereto, or is in any part of a building
used for school purposes;
(4) Knows the individual assaulted to be a
supervisor, director, instructor or other person employed
in any park district and such supervisor, director,
instructor or other employee is upon the grounds of the
park or grounds adjacent thereto, or is in any part of a
building used for park purposes;
(5) Knows the individual assaulted to be a
caseworker, investigator, or other person employed by the
State Department of Public Aid, a County Department of
Public Aid, or the Department of Human Services (acting
as successor to the Illinois Department of Public Aid
under the Department of Human Services Act) and such
caseworker, investigator, or other person is upon the
grounds of a public aid office or grounds adjacent
thereto, or is in any part of a building used for public
aid purposes, or upon the grounds of a home of a public
aid applicant, recipient or any other person being
interviewed or investigated in the employees' discharge
of his duties, or on grounds adjacent thereto, or is in
any part of a building in which the applicant, recipient,
or other such person resides or is located;
(6) Knows the individual assaulted to be a peace
officer, or a community policing volunteer a person
summoned and directed by him, or a fireman while the
officer or fireman is engaged in the execution of any of
his official duties, or to prevent the officer, community
policing volunteer, or fireman from performing his
official duties, or in retaliation for the officer,
community policing volunteer, or fireman performing his
official duties, and the assault is committed other than
by the discharge of a firearm in the direction of the
officer or fireman or in the direction of a vehicle
occupied by the officer or fireman;
(7) Knows the individual assaulted to be an
emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other medical
assistance or first aid personnel employed by a
municipality or other governmental unit engaged in the
execution of any of his official duties, or to prevent
the emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel from performing
his official duties, or in retaliation for the emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance
or first aid personnel performing his official duties;
(8) Knows the individual assaulted to be the
driver, operator, employee or passenger of any
transportation facility or system engaged in the business
of transportation of the public for hire and the
individual assaulted is then performing in such capacity
or then using such public transportation as a passenger
or using any area of any description designated by the
transportation facility or system as a vehicle boarding,
departure, or transfer location;
(9) Or the individual assaulted is on or about a
public way, public property, or public place of
accommodation or amusement;
(10) Knows the individual assaulted to be an
employee of the State of Illinois, a municipal
corporation therein or a political subdivision thereof,
engaged in the performance of his authorized duties as
such employee;
(11) Knowingly and without legal justification,
commits an assault on a physically handicapped person;
(12) Knowingly and without legal justification,
commits an assault on a person 60 years of age or older;
(13) Discharges a firearm;
(14) Knows the individual assaulted to be a
correctional officer, while the officer is engaged in the
execution of any of his or her official duties, or to
prevent the officer from performing his or her official
duties, or in retaliation for the officer performing his
or her official duties; or
(15) Knows the individual assaulted to be a
correctional employee, while the employee is engaged in
the execution of any of his or her official duties, or to
prevent the employee from performing his or her official
duties, or in retaliation for the employee performing his
or her official duties, and the assault is committed
other than by the discharge of a firearm in the direction
of the employee or in the direction of a vehicle occupied
by the employee.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through
(5) and (7) through (12) of subsection (a) of this Section is
a Class A misdemeanor. Aggravated assault as defined in
paragraphs (13), (14), and (15) of subsection (a) of this
Section is a Class 4 felony. Aggravated assault as defined in
paragraph (6) of subsection (a) of this Section is a Class A
misdemeanor if a firearm is not used in the commission of the
assault. Aggravated assault as defined in paragraph (6) of
subsection (a) of this Section is a Class 4 felony if a
firearm is used in the commission of the assault.
(Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97.)
(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally
or knowingly causes great bodily harm, or permanent
disability or disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated
battery if he or she:
(1) Uses a deadly weapon other than by the
discharge of a firearm;
(2) Is hooded, robed or masked, in such manner as
to conceal his identity;
(3) Knows the individual harmed to be a teacher or
other person employed in any school and such teacher or
other employee is upon the grounds of a school or grounds
adjacent thereto, or is in any part of a building used
for school purposes;
(4) Knows the individual harmed to be a supervisor,
director, instructor or other person employed in any park
district and such supervisor, director, instructor or
other employee is upon the grounds of the park or grounds
adjacent thereto, or is in any part of a building used
for park purposes;
(5) Knows the individual harmed to be a caseworker,
investigator, or other person employed by the State
Department of Public Aid, a County Department of Public
Aid, or the Department of Human Services (acting as
successor to the Illinois Department of Public Aid under
the Department of Human Services Act) and such
caseworker, investigator, or other person is upon the
grounds of a public aid office or grounds adjacent
thereto, or is in any part of a building used for public
aid purposes, or upon the grounds of a home of a public
aid applicant, recipient, or any other person being
interviewed or investigated in the employee's discharge
of his duties, or on grounds adjacent thereto, or is in
any part of a building in which the applicant, recipient,
or other such person resides or is located;
(6) Knows the individual harmed to be a peace
officer, a community policing volunteer, person summoned
and directed by a peace officer, a correctional
institution employee, or a fireman while such officer,
volunteer, employee or fireman is engaged in the
execution of any official duties including arrest or
attempted arrest, or to prevent the officer, volunteer,
employee or fireman from performing official duties, or
in retaliation for the officer, volunteer, employee or
fireman performing official duties, and the battery is
committed other than by the discharge of a firearm;
(7) Knows the individual harmed to be an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver or other medical assistance
or first aid personnel engaged in the performance of any
of his or her official duties, or to prevent the
emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel from performing
official duties, or in retaliation for performing
official duties;
(8) Is, or the person battered is, on or about a
public way, public property or public place of
accommodation or amusement;
(9) Knows the individual harmed to be the driver,
operator, employee or passenger of any transportation
facility or system engaged in the business of
transportation of the public for hire and the individual
assaulted is then performing in such capacity or then
using such public transportation as a passenger or using
any area of any description designated by the
transportation facility or system as a vehicle boarding,
departure, or transfer location;
(10) Knowingly and without legal justification and
by any means causes bodily harm to an individual of 60
years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom
the person intended to harm as a result of the judge's
performance of his or her official duties as a judge;
(13) Knows the individual harmed to be an employee
of the Illinois Department of Children and Family
Services engaged in the performance of his authorized
duties as such employee;
(14) Knows the individual harmed to be a person who
is physically handicapped; or
(15) Knowingly and without legal justification and
by any means causes bodily harm to a merchant who detains
the person for an alleged commission of retail theft
under Section 16A-5 of this Code. In this item (15),
"merchant" has the meaning ascribed to it in Section
16A-2.4 of this Code.
For the purpose of paragraph (14) of subsection (b) of
this Section, a physically handicapped person is a person who
suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional
disorder or congenital condition.
(c) A person who administers to an individual or causes
him to take, without his consent or by threat or deception,
and for other than medical purposes, any intoxicating,
poisonous, stupefying, narcotic or anesthetic substance
commits aggravated battery.
(d) A person who knowingly gives to another person any
food that contains any substance or object that is intended
to cause physical injury if eaten, commits aggravated
battery.
(e) Sentence.
Aggravated battery is a Class 3 felony.
(Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98.)
(720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
Sec. 12-4.2. Aggravated Battery with a firearm.
(a) A person commits aggravated battery with a firearm
when he, in committing a battery, knowingly or intentionally
by means of the discharging of a firearm (1) causes any
injury to another person, or (2) causes any injury to a
person he knows to be a peace officer, a community policing
volunteer person summoned by a peace officer, a correctional
institution employee or a fireman while the officer,
volunteer, employee or fireman is engaged in the execution of
any of his official duties, or to prevent the officer,
volunteer, employee or fireman from performing his official
duties, or in retaliation for the officer, volunteer,
employee or fireman performing his official duties, or (3)
causes any injury to a person he knows to be an emergency
medical technician - ambulance, emergency medical technician
- intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel, employed by a municipality or other governmental
unit, while the emergency medical technician - ambulance,
emergency medical technician - intermediate, emergency
medical technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel is engaged in the
execution of any of his official duties, or to prevent the
emergency medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance or
first aid personnel from performing his official duties, or
in retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver,
or other medical assistance or first aid personnel performing
his official duties.
(b) A violation of subsection (a) (1) of this Section is
a Class X felony. A violation of subsection (a) (2) or
subsection (a) (3) of this Section is a Class X felony for
which the sentence shall be a term of imprisonment of no less
than 15 years and no more than 60 years.
(c) For purposes of this Section, "firearm" is defined
as in "An Act relating to the acquisition, possession and
transfer of firearms and firearm ammunition, to provide a
penalty for the violation thereof and to make an
appropriation in connection therewith", approved August 1,
1967, as amended.
(Source: P.A. 87-921; 87-1256; 88-433; 88-680, eff. 1-1-95.)
(720 ILCS 5/12-6.2)
Sec. 12-6.2. Aggravated intimidation.
(a) A person commits the offense of aggravated
intimidation when he or she commits the offense of
intimidation and:
(1) the person committed the offense in furtherance
of the activities of an organized gang or by the person's
membership in or allegiance to an organized gang; or
(2) the offense is committed with the intent to
prevent any person from becoming a community policing
volunteer; or
(3) the following conditions are met:
(A) the person knew that the victim was: (i) a
peace officer, (ii) a correctional institution
employee, (iii) a fireman; or (iv) a community
policing volunteer; and
(B) the offense was committed: (i) while the
victim was engaged in the execution of his or her
official duties; or (ii) to prevent the victim from
performing his or her official duties; (iii) in
retaliation for the victim's performance of his or
her official duties; or (iv) by reason of any
person's activity as a community policing volunteer.
Any streetgang member who commits the offense of
intimidation in furtherance of the activities of an
organized gang commits the offense of aggravated
intimidation.
(b) Sentence. Aggravated intimidation as defined in
paragraph (a)(1) is a Class 1 felony. Aggravated
intimidation as defined in paragraph (a)(2) or (a)(3) is a
Class 2 felony for which the offender may be sentenced to a
term of imprisonment of not less than 3 years nor more than
14 years.
(c) For the purposes of this Section, "streetgang",
"streetgang steetgang member", and "organized gang" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 89-631, eff. 1-1-97; revised 7-7-97.)
(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
Sec. 24-1.2. Aggravated discharge of a firearm.
(a) A person commits aggravated discharge of a firearm
when he knowingly or intentionally:
(1) Discharges a firearm at or into a building he
knows to be occupied and the firearm is discharged from a
place or position outside that building;
(2) Discharges a firearm in the direction of
another person or in the direction of a vehicle he knows
to be occupied;
(3) Discharges a firearm in the direction of a
person he knows to be a peace officer, a community
policing volunteer person summoned or directed by a peace
officer, a correctional institution employee, or a
fireman while the officer, volunteer, employee or fireman
is engaged in the execution of any of his official
duties, or to prevent the officer, volunteer, employee or
fireman from performing his official duties, or in
retaliation for the officer, volunteer, employee or
fireman performing his official duties;
(4) Discharges a firearm in the direction of a
vehicle he knows to be occupied by a peace officer, a
person summoned or directed by a peace officer, a
correctional institution employee or a fireman while the
officer, employee or fireman is engaged in the execution
of any of his official duties, or to prevent the officer,
employee or fireman from performing his official duties,
or in retaliation for the officer, employee or fireman
performing his official duties;
(5) Discharges a firearm in the direction of a
person he knows to be an emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel, employed by a municipality or other
governmental unit, while the emergency medical technician
- ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his
official duties, or to prevent the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first
aid personnel from performing his official duties, or in
retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel performing his official duties; or
(6) Discharges a firearm in the direction of a
vehicle he knows to be occupied by an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,,
ambulance driver, or other medical assistance or first
aid personnel, employed by a municipality or other
governmental unit, while the emergency medical technician
- ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his
official duties, or to prevent the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first
aid personnel from performing his official duties, or in
retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel performing his official duties.
(b) A violation of subsection (a) (1) or subsection
(a) (2) of this Section is a Class 1 felony. A violation of
subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
Section is a Class X felony for which the sentence shall be a
term of imprisonment of no less than 10 years and not more
than 45 years.
(Source: P.A. 87-921; 88-433; 88-680, eff. 1-1-95.)
Section 10. The Unified Code of Corrections is amended
by changing Sections 5-5-3.2 and 5-8-1 as follows:
(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence
under Section 5-8-1:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for
committing the offense;
(3) the defendant has a history of prior
delinquency or criminal activity;
(4) the defendant, by the duties of his office or
by his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional
reputation or position in the community to commit the
offense, or to afford him an easier means of committing
it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's
property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of
a relative (by blood or marriage) of a person described
in clause (i) or (ii). For the purposes of this Section,
"sexual orientation" means heterosexuality,
homosexuality, or bisexuality;
(11) the offense took place in a place of worship
or on the grounds of a place of worship, immediately
prior to, during or immediately following worship
services. For purposes of this subparagraph, "place of
worship" shall mean any church, synagogue or other
building, structure or place used primarily for religious
worship;
(12) the defendant was convicted of a felony
committed while he was released on bail or his own
recognizance pending trial for a prior felony and was
convicted of such prior felony, or the defendant was
convicted of a felony committed while he was serving a
period of probation, conditional discharge, or mandatory
supervised release under subsection (d) of Section 5-8-1
for a prior felony;
(13) the defendant committed or attempted to commit
a felony while he was wearing a bulletproof vest. For
the purposes of this paragraph (13), a bulletproof vest
is any device which is designed for the purpose of
protecting the wearer from bullets, shot or other lethal
projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 12-12 of the Criminal Code of 1961,
teacher, scout leader, baby sitter, or day care worker,
in relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
1961 against that victim;
(15) the defendant committed an offense related to
the activities of an organized gang. For the purposes of
this factor, "organized gang" has the meaning ascribed to
it in Section 10 of the Streetgang Terrorism Omnibus
Prevention Act;
(16) the defendant committed an offense in
violation of one of the following Sections while in a
school, regardless of the time of day or time of year; on
any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school
related activity; on the real property of a school; or on
a public way within 1,000 feet of the real property
comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
1961;.
(17) the defendant committed the offense 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 the purposes of this Section, "school" is defined as
a public or private elementary or secondary school, community
college, college, or university.
(b) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 upon any offender:
(1) When a defendant is convicted of any felony,
after having been previously convicted in Illinois or any
other jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual; or
(4) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time
of the offense or such person's property;
(ii) a person 60 years of age or older at the
time of the offense or such person's property; or
(iii) a person physically handicapped at the
time of the offense or such person's property; or
(5) In the case of a defendant convicted of
aggravated criminal sexual assault or criminal sexual
assault, when the court finds that aggravated criminal
sexual assault or criminal sexual assault was also
committed on the same victim by one or more other
individuals, and the defendant voluntarily participated
in the crime with the knowledge of the participation of
the others in the crime, and the commission of the crime
was part of a single course of conduct during which there
was no substantial change in the nature of the criminal
objective; or
(6) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony,
rite, initiation, observance, performance, practice or
activity of any actual or ostensible religious,
fraternal, or social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery,
religious, fraternal, business, governmental,
educational, or other building or property; or
(v) ritualized abuse of a child; or
(7) When a defendant is convicted of first degree
murder, after having been previously convicted in
Illinois of any offense listed under paragraph (c)(2) of
Section 5-5-3, when such conviction has occurred within
10 years after the previous conviction, excluding time
spent in custody, and such charges are separately brought
and tried and arise out of different series of acts; or
(8) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of
management or leadership, and the court further finds
that the felony committed was related to or in
furtherance of the criminal activities of an organized
gang or was motivated by the defendant's leadership in an
organized gang; or
(9) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961
and the court finds that the defendant is a member of an
organized gang.
(b-1) For the purposes of this Section, "organized gang"
has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of
aggravated criminal sexual assault where the victim was under
18 years of age at the time of the commission of the offense.
(Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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 the court finds 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 or fireman when the peace officer
or fireman 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 or fireman performing his
official duties, and the defendant knew or
should have known that the murdered individual
was a peace officer or fireman, 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.
(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, 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, 3
years;
(2) for a Class 1 felony or a Class 2 felony, 2
years;
(3) for a Class 3 felony or a Class 4 felony, 1
year.
(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. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 90-396, eff. 1-1-98.)