Sen. William R. Haine
Filed: 4/20/2018
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1 | AMENDMENT TO SENATE BILL 561
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2 | AMENDMENT NO. ______. Amend Senate Bill 561 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Sections 9-1, 12-2, 12-3.05, and 24-1 as follows: | ||||||
6 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
7 | Sec. 9-1. First degree murder; death penalties; | ||||||
8 | exceptions; separate
hearings; proof; findings; appellate | ||||||
9 | procedures; reversals. First degree Murder - Death penalties - | ||||||
10 | Exceptions - Separate
Hearings - Proof - Findings - Appellate | ||||||
11 | procedures - Reversals.
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12 | (a) A person who kills an individual without lawful | ||||||
13 | justification commits
first degree murder if, in performing the | ||||||
14 | acts which cause the death:
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15 | (1) he either intends to kill or do great bodily harm | ||||||
16 | to that
individual or another, or knows that such acts will |
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1 | cause death to that
individual or another; or
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2 | (2) he knows that such acts create a strong probability | ||||||
3 | of death or
great bodily harm to that individual or | ||||||
4 | another; or
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5 | (3) he is attempting or committing a forcible felony | ||||||
6 | other than
second degree murder.
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7 | (b) Aggravating Factors. A defendant who at the time of the
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8 | commission of the offense has attained the age of 18 or more | ||||||
9 | and who has
been found guilty of first degree murder may be | ||||||
10 | sentenced to death if:
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11 | (1) the murdered individual was a peace officer or | ||||||
12 | fireman killed in
the course of performing his official | ||||||
13 | duties, to prevent the performance
of his official duties, | ||||||
14 | or in retaliation for performing his official
duties, and | ||||||
15 | the defendant knew or
should have known that the murdered | ||||||
16 | individual was a peace officer or
fireman; or
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17 | (2) the murdered individual was an employee of an | ||||||
18 | institution or
facility of the Department of Corrections, | ||||||
19 | or any similar local
correctional agency, killed in the | ||||||
20 | course of performing his official
duties, to prevent the | ||||||
21 | performance of his official duties, or in
retaliation for | ||||||
22 | performing his official duties, or the murdered
individual | ||||||
23 | was an inmate at such institution or facility and was | ||||||
24 | killed on the
grounds thereof, or the murdered individual | ||||||
25 | was otherwise present in such
institution or facility with | ||||||
26 | the knowledge and approval of the chief
administrative |
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1 | officer thereof; or
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2 | (3) the defendant has been convicted of murdering two | ||||||
3 | or more
individuals under subsection (a) of this Section or | ||||||
4 | under any law of the
United States or of any state which is | ||||||
5 | substantially similar to
subsection (a) of this Section | ||||||
6 | regardless of whether the deaths
occurred as the result of | ||||||
7 | the same act or of several related or
unrelated acts so | ||||||
8 | long as the deaths were the result of either an intent
to | ||||||
9 | kill more than one person or of separate acts which
the | ||||||
10 | defendant knew would cause death or create a strong | ||||||
11 | probability of
death or great bodily harm to the murdered | ||||||
12 | individual or another; or
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13 | (4) the murdered individual was killed as a result of | ||||||
14 | the
hijacking of an airplane, train, ship, bus or other | ||||||
15 | public conveyance; or
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16 | (5) the defendant committed the murder pursuant to a | ||||||
17 | contract,
agreement or understanding by which he was to | ||||||
18 | receive money or anything
of value in return for committing | ||||||
19 | the murder or procured another to
commit the murder for | ||||||
20 | money or anything of value; or
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21 | (6) the murdered individual was killed in the course of | ||||||
22 | another felony if:
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23 | (a) the murdered individual:
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24 | (i) was actually killed by the defendant, or
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25 | (ii) received physical injuries personally | ||||||
26 | inflicted by the defendant
substantially |
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1 | contemporaneously with physical injuries caused by | ||||||
2 | one or
more persons for whose conduct the defendant | ||||||
3 | is legally accountable under
Section 5-2 of this | ||||||
4 | Code, and the physical injuries inflicted by | ||||||
5 | either
the defendant or the other person or persons | ||||||
6 | for whose conduct he is legally
accountable caused | ||||||
7 | the death of the murdered individual; and
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8 | (b) in performing the acts which caused the death | ||||||
9 | of the murdered
individual or which resulted in | ||||||
10 | physical injuries personally inflicted by
the | ||||||
11 | defendant on the murdered individual under the | ||||||
12 | circumstances of
subdivision (ii) of subparagraph (a) | ||||||
13 | of paragraph (6) of subsection (b) of
this Section, the | ||||||
14 | defendant acted with the intent to kill the murdered
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15 | individual or with the knowledge that his acts created | ||||||
16 | a strong probability
of death or great bodily harm to | ||||||
17 | the murdered individual or another; and
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18 | (c) the other felony was an inherently violent | ||||||
19 | crime
or the attempt to commit an inherently
violent | ||||||
20 | crime.
In this subparagraph (c), "inherently violent | ||||||
21 | crime" includes, but is not
limited to, armed robbery, | ||||||
22 | robbery, predatory criminal sexual assault of a
child,
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23 | aggravated criminal sexual assault, aggravated | ||||||
24 | kidnapping, aggravated vehicular
hijacking,
aggravated | ||||||
25 | arson, aggravated stalking, residential burglary, and | ||||||
26 | home
invasion; or
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1 | (7) the murdered individual was under 12 years of age | ||||||
2 | and the
death resulted from exceptionally brutal or heinous | ||||||
3 | behavior indicative of
wanton cruelty; or
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4 | (8) the defendant committed the murder with intent to
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5 | prevent the murdered individual from testifying or | ||||||
6 | participating in any
criminal investigation or prosecution
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7 | or giving material assistance to the State in any | ||||||
8 | investigation or
prosecution, either against the defendant | ||||||
9 | or another; or the defendant
committed the murder because | ||||||
10 | the murdered individual was a witness in any
prosecution or | ||||||
11 | gave material assistance to the State in any investigation
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12 | or prosecution, either against the defendant or another;
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13 | for purposes of this paragraph (8), "participating in any | ||||||
14 | criminal
investigation
or prosecution" is intended to | ||||||
15 | include those appearing in the proceedings in
any capacity | ||||||
16 | such as trial judges, prosecutors, defense attorneys,
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17 | investigators, witnesses, or jurors; or
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18 | (9) the defendant, while committing an offense | ||||||
19 | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||||||
20 | 407 or 407.1 or subsection (b) of
Section
404 of the | ||||||
21 | Illinois Controlled Substances Act, or while engaged in a
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22 | conspiracy or solicitation to commit such offense, | ||||||
23 | intentionally killed an
individual or counseled, | ||||||
24 | commanded, induced, procured or caused the
intentional | ||||||
25 | killing of the murdered individual; or
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26 | (10) the defendant was incarcerated in an institution |
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1 | or facility of
the Department of Corrections at the time of | ||||||
2 | the murder, and while
committing an offense punishable as a | ||||||
3 | felony under Illinois law, or while
engaged in a conspiracy | ||||||
4 | or solicitation to commit such offense,
intentionally | ||||||
5 | killed an individual or counseled, commanded, induced,
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6 | procured or caused the intentional killing of the murdered | ||||||
7 | individual; or
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8 | (11) the murder was committed in a cold, calculated and | ||||||
9 | premeditated
manner pursuant to a preconceived plan, | ||||||
10 | scheme or design to take a human
life by unlawful means, | ||||||
11 | and the conduct of the defendant created a
reasonable | ||||||
12 | expectation that the death of a human being would result
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13 | therefrom; or
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14 | (12) the murdered individual was an emergency medical | ||||||
15 | technician -
ambulance, emergency medical technician - | ||||||
16 | intermediate, emergency medical
technician - paramedic, | ||||||
17 | ambulance driver, or
other medical assistance or first aid | ||||||
18 | personnel, employed by a municipality
or other | ||||||
19 | governmental unit, killed in the course of performing his | ||||||
20 | official
duties, to prevent the performance of his official | ||||||
21 | duties, or in retaliation
for performing his official | ||||||
22 | duties, and the defendant knew or should have
known that | ||||||
23 | the murdered individual was an emergency medical | ||||||
24 | technician -
ambulance, emergency medical technician - | ||||||
25 | intermediate, emergency medical
technician - paramedic, | ||||||
26 | ambulance driver, or
other medical assistance or first aid |
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1 | personnel; or
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2 | (13) the defendant was a principal administrator, | ||||||
3 | organizer, or leader
of a calculated criminal drug | ||||||
4 | conspiracy consisting of a hierarchical position
of | ||||||
5 | authority superior to that of all other members of the | ||||||
6 | conspiracy, and the
defendant counseled, commanded, | ||||||
7 | induced, procured, or caused the intentional
killing of the | ||||||
8 | murdered person;
or
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9 | (14) the murder was intentional and involved the | ||||||
10 | infliction of torture.
For
the purpose of this Section | ||||||
11 | torture means the infliction of or subjection to
extreme | ||||||
12 | physical pain, motivated by an intent to increase or | ||||||
13 | prolong the pain,
suffering or agony of the victim; or
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14 | (15) the murder was committed as a result of the | ||||||
15 | intentional discharge
of a firearm by the defendant from a | ||||||
16 | motor vehicle and the victim was not
present within the | ||||||
17 | motor vehicle; or
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18 | (16) the murdered individual was 60 years of age or | ||||||
19 | older and the death
resulted
from exceptionally brutal or | ||||||
20 | heinous behavior indicative of wanton cruelty; or
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21 | (17) the murdered individual was a person with a | ||||||
22 | disability and the defendant knew
or
should have known that | ||||||
23 | the murdered individual was a person with a disability. For | ||||||
24 | purposes of
this paragraph (17), "person with a disability" | ||||||
25 | means a person who suffers from a
permanent physical or | ||||||
26 | mental impairment resulting from disease, an injury,
a |
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1 | functional disorder, or a congenital condition that | ||||||
2 | renders the person
incapable of
adequately providing for | ||||||
3 | his or her own health or personal care; or
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4 | (18) the murder was committed by reason of any person's | ||||||
5 | activity as a
community policing volunteer or to prevent | ||||||
6 | any person from engaging in activity
as a community | ||||||
7 | policing volunteer; or
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8 | (19) the murdered individual was subject to an order of | ||||||
9 | protection and the
murder was committed by a person against | ||||||
10 | whom the same order of protection was
issued under the | ||||||
11 | Illinois Domestic Violence Act of 1986; or
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12 | (20) the murdered individual was known by the defendant | ||||||
13 | to be a teacher or
other person employed in any school and | ||||||
14 | the teacher or other employee is upon
the grounds of a | ||||||
15 | school or grounds adjacent to a school, or is in any part | ||||||
16 | of a
building used for school purposes; or
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17 | (21) the murder was committed by the defendant in | ||||||
18 | connection with or as
a
result of the offense of terrorism | ||||||
19 | as defined in Section 29D-14.9 of this
Code ; or .
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20 | (22) the murdered individual was a member of a | ||||||
21 | congregation engaged in prayer or other religious | ||||||
22 | activities at a church, synagogue, mosque, or other | ||||||
23 | building, structure, or place used for religious worship. | ||||||
24 | (b-5) Aggravating Factor; Natural Life Imprisonment. A | ||||||
25 | defendant who has been found guilty of first degree murder and | ||||||
26 | who at the time of the commission of the offense had attained |
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1 | the age of 18 years or more may be sentenced to natural life | ||||||
2 | imprisonment if
(i) the murdered individual was a physician, | ||||||
3 | physician assistant, psychologist, nurse, or advanced practice | ||||||
4 | registered nurse, (ii) the defendant knew or should have
known | ||||||
5 | that the murdered individual was a physician, physician | ||||||
6 | assistant, psychologist, nurse, or advanced practice | ||||||
7 | registered nurse, and (iii) the murdered individual was killed | ||||||
8 | in the course of acting in his or her capacity as a physician, | ||||||
9 | physician assistant, psychologist, nurse, or advanced practice | ||||||
10 | registered nurse, or to prevent him or her from acting in that | ||||||
11 | capacity, or in retaliation
for his or her acting in that | ||||||
12 | capacity. | ||||||
13 | (c) Consideration of factors in Aggravation and | ||||||
14 | Mitigation.
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15 | The court shall consider, or shall instruct the jury to | ||||||
16 | consider any
aggravating and any mitigating factors which are | ||||||
17 | relevant to the
imposition of the death penalty. Aggravating | ||||||
18 | factors may include but
need not be limited to those factors | ||||||
19 | set forth in subsection (b).
Mitigating factors may include but | ||||||
20 | need not be limited to the following:
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21 | (1) the defendant has no significant history of prior | ||||||
22 | criminal
activity;
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23 | (2) the murder was committed while the defendant was | ||||||
24 | under
the influence of extreme mental or emotional | ||||||
25 | disturbance, although not such
as to constitute a defense | ||||||
26 | to prosecution;
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1 | (3) the murdered individual was a participant in the
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2 | defendant's homicidal conduct or consented to the | ||||||
3 | homicidal act;
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4 | (4) the defendant acted under the compulsion of threat | ||||||
5 | or
menace of the imminent infliction of death or great | ||||||
6 | bodily harm;
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7 | (5) the defendant was not personally present during
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8 | commission of the act or acts causing death;
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9 | (6) the defendant's background includes a history of | ||||||
10 | extreme emotional
or physical abuse;
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11 | (7) the defendant suffers from a reduced mental | ||||||
12 | capacity.
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13 | Provided, however, that an action that does not otherwise | ||||||
14 | mitigate first degree murder cannot qualify as a mitigating | ||||||
15 | factor for first degree murder because of the discovery, | ||||||
16 | knowledge, or disclosure of the victim's sexual orientation as | ||||||
17 | defined in Section 1-103 of the Illinois Human Rights Act. | ||||||
18 | (d) Separate sentencing hearing.
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19 | Where requested by the State, the court shall conduct a | ||||||
20 | separate
sentencing proceeding to determine the existence of | ||||||
21 | factors set forth in
subsection (b) and to consider any | ||||||
22 | aggravating or mitigating factors as
indicated in subsection | ||||||
23 | (c). The proceeding shall be conducted:
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24 | (1) before the jury that determined the defendant's | ||||||
25 | guilt; or
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26 | (2) before a jury impanelled for the purpose of the |
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1 | proceeding if:
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2 | A. the defendant was convicted upon a plea of | ||||||
3 | guilty; or
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4 | B. the defendant was convicted after a trial before | ||||||
5 | the court
sitting without a jury; or
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6 | C. the court for good cause shown discharges the | ||||||
7 | jury that
determined the defendant's guilt; or
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8 | (3) before the court alone if the defendant waives a | ||||||
9 | jury
for the separate proceeding.
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10 | (e) Evidence and Argument.
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11 | During the proceeding any information relevant to any of | ||||||
12 | the factors
set forth in subsection (b) may be presented by | ||||||
13 | either the State or the
defendant under the rules governing the | ||||||
14 | admission of evidence at
criminal trials. Any information | ||||||
15 | relevant to any additional aggravating
factors or any | ||||||
16 | mitigating factors indicated in subsection (c) may be
presented | ||||||
17 | by the State or defendant regardless of its admissibility
under | ||||||
18 | the rules governing the admission of evidence at criminal | ||||||
19 | trials.
The State and the defendant shall be given fair | ||||||
20 | opportunity to rebut any
information received at the hearing.
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21 | (f) Proof.
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22 | The burden of proof of establishing the existence of any of | ||||||
23 | the
factors set forth in subsection (b) is on the State and | ||||||
24 | shall not be
satisfied unless established beyond a reasonable | ||||||
25 | doubt.
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26 | (g) Procedure - Jury.
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1 | If at the separate sentencing proceeding the jury finds | ||||||
2 | that none of
the factors set forth in subsection (b) exists, | ||||||
3 | the court shall sentence
the defendant to a term of | ||||||
4 | imprisonment under Chapter V of the Unified
Code of | ||||||
5 | Corrections. If there is a unanimous finding by the jury that
| ||||||
6 | one or more of the factors set forth in subsection (b) exist, | ||||||
7 | the jury
shall consider aggravating and mitigating factors as | ||||||
8 | instructed by the
court and shall determine whether the | ||||||
9 | sentence of death shall be
imposed. If the jury determines | ||||||
10 | unanimously, after weighing the factors in
aggravation and | ||||||
11 | mitigation, that death is the appropriate sentence, the court | ||||||
12 | shall sentence the defendant to death.
If the court does not | ||||||
13 | concur with the jury determination that death is the
| ||||||
14 | appropriate sentence, the court shall set forth reasons in | ||||||
15 | writing
including what facts or circumstances the court relied | ||||||
16 | upon,
along with any relevant
documents, that compelled the | ||||||
17 | court to non-concur with the sentence. This
document and any | ||||||
18 | attachments shall be part of the record for appellate
review. | ||||||
19 | The court shall be bound by the jury's sentencing | ||||||
20 | determination.
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21 | If after weighing the factors in aggravation and | ||||||
22 | mitigation, one or more
jurors determines that death is not the | ||||||
23 | appropriate sentence,
the
court shall sentence the defendant to | ||||||
24 | a term of imprisonment under
Chapter V of the Unified Code of | ||||||
25 | Corrections.
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26 | (h) Procedure - No Jury.
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1 | In a proceeding before the court alone, if the court finds | ||||||
2 | that none
of the factors found in subsection (b) exists, the | ||||||
3 | court shall sentence
the defendant to a term of imprisonment | ||||||
4 | under Chapter V of the Unified
Code of Corrections.
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5 | If the Court determines that one or more of the factors set | ||||||
6 | forth in
subsection (b) exists, the Court shall consider any | ||||||
7 | aggravating and
mitigating factors as indicated in subsection | ||||||
8 | (c). If the Court
determines, after weighing the factors in | ||||||
9 | aggravation and mitigation, that
death is the appropriate | ||||||
10 | sentence, the Court shall sentence the
defendant to death.
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11 | If
the court finds that death is not the
appropriate | ||||||
12 | sentence, the
court shall sentence the defendant to a term of | ||||||
13 | imprisonment under
Chapter V of the Unified Code of | ||||||
14 | Corrections.
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15 | (h-5) Decertification as a capital case.
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16 | In a case in which the defendant has been found guilty of | ||||||
17 | first degree murder
by a judge or jury, or a case on remand for | ||||||
18 | resentencing, and the State seeks
the death penalty as an | ||||||
19 | appropriate
sentence,
on the court's own motion or the written | ||||||
20 | motion of the defendant, the court
may decertify the case as a | ||||||
21 | death penalty case if the court finds that the only
evidence | ||||||
22 | supporting the defendant's conviction is the uncorroborated | ||||||
23 | testimony
of an informant witness, as defined in Section 115-21 | ||||||
24 | of the Code of Criminal
Procedure of 1963, concerning the | ||||||
25 | confession or admission of the defendant or
that the sole | ||||||
26 | evidence against the defendant is a single eyewitness or single
|
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1 | accomplice without any other corroborating evidence.
If the | ||||||
2 | court decertifies the case as a capital case
under either of | ||||||
3 | the grounds set forth above, the court shall issue a
written | ||||||
4 | finding. The State may pursue its right to appeal the | ||||||
5 | decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||||||
6 | the court does not
decertify the case as a capital case, the | ||||||
7 | matter shall proceed to the
eligibility phase of the sentencing | ||||||
8 | hearing.
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9 | (i) Appellate Procedure.
| ||||||
10 | The conviction and sentence of death shall be subject to | ||||||
11 | automatic
review by the Supreme Court. Such review shall be in | ||||||
12 | accordance with
rules promulgated by the Supreme Court.
The | ||||||
13 | Illinois Supreme Court may overturn the death sentence, and | ||||||
14 | order the
imposition of imprisonment under Chapter V of the | ||||||
15 | Unified Code of
Corrections if the court finds that the death | ||||||
16 | sentence is fundamentally
unjust as applied to the particular | ||||||
17 | case.
If the Illinois Supreme Court finds that the
death | ||||||
18 | sentence is fundamentally unjust as applied to the particular | ||||||
19 | case,
independent of any procedural grounds for relief, the | ||||||
20 | Illinois Supreme Court
shall issue a written opinion explaining | ||||||
21 | this finding.
| ||||||
22 | (j) Disposition of reversed death sentence.
| ||||||
23 | In the event that the death penalty in this Act is held to | ||||||
24 | be
unconstitutional by the Supreme Court of the United States | ||||||
25 | or of the
State of Illinois, any person convicted of first | ||||||
26 | degree murder shall be
sentenced by the court to a term of |
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| |||||||
1 | imprisonment under Chapter V of the
Unified Code of | ||||||
2 | Corrections.
| ||||||
3 | In the event that any death sentence pursuant to the | ||||||
4 | sentencing
provisions of this Section is declared | ||||||
5 | unconstitutional by the Supreme
Court of the United States or | ||||||
6 | of the State of Illinois, the court having
jurisdiction over a | ||||||
7 | person previously sentenced to death shall cause the
defendant | ||||||
8 | to be brought before the court, and the court shall sentence
| ||||||
9 | the defendant to a term of imprisonment under Chapter V of the
| ||||||
10 | Unified Code of Corrections.
| ||||||
11 | (k) Guidelines for seeking the death penalty.
| ||||||
12 | The Attorney General and
State's Attorneys Association | ||||||
13 | shall consult on voluntary guidelines for
procedures governing | ||||||
14 | whether or not to seek the death penalty. The guidelines
do not
| ||||||
15 | have the force of law and are only advisory in nature.
| ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18; | ||||||
17 | 100-513, eff. 1-1-18; revised 10-5-17.)
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18 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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19 | Sec. 12-2. Aggravated assault.
| ||||||
20 | (a) Offense based on location of conduct. A person commits | ||||||
21 | aggravated assault when he or she commits an assault against an | ||||||
22 | individual who is on or about a public way, public property, a | ||||||
23 | public place of accommodation or amusement, or a sports venue , | ||||||
24 | or in a church, synagogue, mosque, or other building, | ||||||
25 | structure, or place used for religious worship . |
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1 | (b) Offense based on status of victim. A person commits | ||||||
2 | aggravated assault when, in committing an assault, he or she | ||||||
3 | knows the individual assaulted to be any of the following: | ||||||
4 | (1) A person with a physical disability or a person 60 | ||||||
5 | years of age or older and the assault is without legal | ||||||
6 | justification. | ||||||
7 | (2) A teacher or school employee upon school grounds or | ||||||
8 | grounds adjacent to a school or in any part of a building | ||||||
9 | used for school purposes. | ||||||
10 | (3) A park district employee upon park grounds or | ||||||
11 | grounds adjacent to a park or in any part of a building | ||||||
12 | used for park purposes. | ||||||
13 | (4) A community policing volunteer, private security | ||||||
14 | officer, or utility worker: | ||||||
15 | (i) performing his or her official duties; | ||||||
16 | (ii) assaulted to prevent performance of his or her | ||||||
17 | official duties; or | ||||||
18 | (iii) assaulted in retaliation for performing his | ||||||
19 | or her official duties. | ||||||
20 | (4.1) A peace officer, fireman, emergency management | ||||||
21 | worker, or emergency medical services personnel: | ||||||
22 | (i) performing his or her official duties; | ||||||
23 | (ii) assaulted to prevent performance of his or her | ||||||
24 | official duties; or | ||||||
25 | (iii) assaulted in retaliation for performing his | ||||||
26 | or her official duties. |
| |||||||
| |||||||
1 | (5) A correctional officer or probation officer: | ||||||
2 | (i) performing his or her official duties; | ||||||
3 | (ii) assaulted to prevent performance of his or her | ||||||
4 | official duties; or | ||||||
5 | (iii) assaulted in retaliation for performing his | ||||||
6 | or her official duties. | ||||||
7 | (6) A correctional institution employee, a county | ||||||
8 | juvenile detention center employee who provides direct and | ||||||
9 | continuous supervision of residents of a juvenile | ||||||
10 | detention center, including a county juvenile detention | ||||||
11 | center employee who supervises recreational activity for | ||||||
12 | residents of a juvenile detention center, or a Department | ||||||
13 | of Human Services employee, Department of Human Services | ||||||
14 | officer, or employee of a subcontractor of the Department | ||||||
15 | of Human Services supervising or controlling sexually | ||||||
16 | dangerous persons or sexually violent persons: | ||||||
17 | (i) performing his or her official duties; | ||||||
18 | (ii) assaulted to prevent performance of his or her | ||||||
19 | official duties; or | ||||||
20 | (iii) assaulted in retaliation for performing his | ||||||
21 | or her official duties. | ||||||
22 | (7) An employee of the State of Illinois, a municipal | ||||||
23 | corporation therein, or a political subdivision thereof, | ||||||
24 | performing his or her official duties. | ||||||
25 | (8) A transit employee performing his or her official | ||||||
26 | duties, or a transit passenger. |
| |||||||
| |||||||
1 | (9) A sports official or coach actively participating | ||||||
2 | in any level of athletic competition within a sports venue, | ||||||
3 | on an indoor playing field or outdoor playing field, or | ||||||
4 | within the immediate vicinity of such a facility or field. | ||||||
5 | (10) A person authorized to serve process under Section | ||||||
6 | 2-202 of the Code of Civil Procedure or a special process | ||||||
7 | server appointed by the circuit court, while that | ||||||
8 | individual is in the performance of his or her duties as a | ||||||
9 | process server. | ||||||
10 | (c) Offense based on use of firearm, device, or motor | ||||||
11 | vehicle. A person commits aggravated assault when, in | ||||||
12 | committing an assault, he or she does any of the following: | ||||||
13 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
14 | Section 24.8-0.1 of this Act, or any device manufactured | ||||||
15 | and designed to be substantially similar in appearance to a | ||||||
16 | firearm, other than by discharging a firearm. | ||||||
17 | (2) Discharges a firearm, other than from a motor | ||||||
18 | vehicle. | ||||||
19 | (3) Discharges a firearm from a motor vehicle. | ||||||
20 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
21 | identity. | ||||||
22 | (5) Knowingly and without lawful justification shines | ||||||
23 | or flashes a laser gun sight or other laser device attached | ||||||
24 | to a firearm, or used in concert with a firearm, so that | ||||||
25 | the laser beam strikes near or in the immediate vicinity of | ||||||
26 | any person. |
| |||||||
| |||||||
1 | (6) Uses a firearm, other than by discharging the | ||||||
2 | firearm, against a peace officer, community policing | ||||||
3 | volunteer, fireman, private security officer, emergency | ||||||
4 | management worker, emergency medical services personnel, | ||||||
5 | employee of a police department, employee of a sheriff's | ||||||
6 | department, or traffic control municipal employee: | ||||||
7 | (i) performing his or her official duties; | ||||||
8 | (ii) assaulted to prevent performance of his or her | ||||||
9 | official duties; or | ||||||
10 | (iii) assaulted in retaliation for performing his | ||||||
11 | or her official duties. | ||||||
12 | (7) Without justification operates a motor vehicle in a | ||||||
13 | manner which places a person, other than a person listed in | ||||||
14 | subdivision (b)(4), in reasonable apprehension of being | ||||||
15 | struck by the moving motor vehicle. | ||||||
16 | (8) Without justification operates a motor vehicle in a | ||||||
17 | manner which places a person listed in subdivision (b)(4), | ||||||
18 | in reasonable apprehension of being struck by the moving | ||||||
19 | motor vehicle. | ||||||
20 | (9) Knowingly video or audio records the offense with | ||||||
21 | the intent to disseminate the recording. | ||||||
22 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
23 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
24 | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that | ||||||
25 | aggravated assault as defined in subdivision (b)(4) and (b)(7) | ||||||
26 | is a Class 4 felony if a Category I, Category II, or Category |
| |||||||
| |||||||
1 | III weapon is used in the commission of the assault. Aggravated | ||||||
2 | assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), | ||||||
3 | (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | ||||||
4 | Aggravated assault as defined in subdivision (c)(3) or (c)(8) | ||||||
5 | is a Class 3 felony. | ||||||
6 | (e) For the purposes of this Section, "Category I weapon", | ||||||
7 | "Category II weapon, and "Category III weapon" have the | ||||||
8 | meanings ascribed to those terms in Section 33A-1 of this Code.
| ||||||
9 | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, | ||||||
10 | eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; | ||||||
11 | 99-816, eff. 8-15-16.)
| ||||||
12 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
13 | Sec. 12-3.05. Aggravated battery.
| ||||||
14 | (a) Offense based on injury. A person commits aggravated | ||||||
15 | battery when, in committing a battery, other than by the | ||||||
16 | discharge of a firearm, he or she knowingly does any of the | ||||||
17 | following: | ||||||
18 | (1) Causes great bodily harm or permanent disability or | ||||||
19 | disfigurement. | ||||||
20 | (2) Causes severe and permanent disability, great | ||||||
21 | bodily harm, or disfigurement by means of a caustic or | ||||||
22 | flammable substance, a poisonous gas, a deadly biological | ||||||
23 | or chemical contaminant or agent, a radioactive substance, | ||||||
24 | or a bomb or explosive compound. | ||||||
25 | (3) Causes great bodily harm or permanent disability or |
| |||||||
| |||||||
1 | disfigurement to an individual whom the person knows to be | ||||||
2 | a peace officer, community policing volunteer, fireman, | ||||||
3 | private security officer, correctional institution | ||||||
4 | employee, or Department of Human Services employee | ||||||
5 | supervising or controlling sexually dangerous persons or | ||||||
6 | sexually violent persons: | ||||||
7 | (i) performing his or her official duties; | ||||||
8 | (ii) battered to prevent performance of his or her | ||||||
9 | official duties; or | ||||||
10 | (iii) battered in retaliation for performing his | ||||||
11 | or her official duties. | ||||||
12 | (4) Causes great bodily harm or permanent disability or | ||||||
13 | disfigurement to an individual 60 years of age or older. | ||||||
14 | (5) Strangles another individual. | ||||||
15 | (b) Offense based on injury to a child or person with an | ||||||
16 | intellectual disability. A person who is at least 18 years of | ||||||
17 | age commits aggravated battery when, in committing a battery, | ||||||
18 | he or she knowingly and without legal justification by any | ||||||
19 | means: | ||||||
20 | (1) causes great bodily harm or permanent disability or | ||||||
21 | disfigurement to any child under the age of 13 years, or to | ||||||
22 | any person with a severe or profound intellectual | ||||||
23 | disability; or | ||||||
24 | (2) causes bodily harm or disability or disfigurement | ||||||
25 | to any child under the age of 13 years or to any person | ||||||
26 | with a severe or profound intellectual disability. |
| |||||||
| |||||||
1 | (c) Offense based on location of conduct. A person commits | ||||||
2 | aggravated battery when, in committing a battery, other than by | ||||||
3 | the discharge of a firearm, he or she is or the person battered | ||||||
4 | is on or about a public way, public property, a public place of | ||||||
5 | accommodation or amusement, a sports venue, or a domestic | ||||||
6 | violence shelter , or in a church, synagogue, mosque, or other | ||||||
7 | building, structure, or place used for religious worship . | ||||||
8 | (d) Offense based on status of victim. A person commits | ||||||
9 | aggravated battery when, in committing a battery, other than by | ||||||
10 | discharge of a firearm, he or she knows the individual battered | ||||||
11 | to be any of the following: | ||||||
12 | (1) A person 60 years of age or older. | ||||||
13 | (2) A person who is pregnant or has a physical | ||||||
14 | disability. | ||||||
15 | (3) A teacher or school employee upon school grounds or | ||||||
16 | grounds adjacent to a school or in any part of a building | ||||||
17 | used for school purposes. | ||||||
18 | (4) A peace officer, community policing volunteer, | ||||||
19 | fireman, private security officer, correctional | ||||||
20 | institution employee, or Department of Human Services | ||||||
21 | employee supervising or controlling sexually dangerous | ||||||
22 | persons or sexually violent persons: | ||||||
23 | (i) performing his or her official duties; | ||||||
24 | (ii) battered to prevent performance of his or her | ||||||
25 | official duties; or | ||||||
26 | (iii) battered in retaliation for performing his |
| |||||||
| |||||||
1 | or her official duties. | ||||||
2 | (5) A judge, emergency management worker, emergency | ||||||
3 | medical services personnel, or utility worker: | ||||||
4 | (i) performing his or her official duties; | ||||||
5 | (ii) battered to prevent performance of his or her | ||||||
6 | official duties; or | ||||||
7 | (iii) battered in retaliation for performing his | ||||||
8 | or her official duties. | ||||||
9 | (6) An officer or employee of the State of Illinois, a | ||||||
10 | unit of local government, or a school district, while | ||||||
11 | performing his or her official duties. | ||||||
12 | (7) A transit employee performing his or her official | ||||||
13 | duties, or a transit passenger. | ||||||
14 | (8) A taxi driver on duty. | ||||||
15 | (9) A merchant who detains the person for an alleged | ||||||
16 | commission of retail theft under Section 16-26 of this Code | ||||||
17 | and the person without legal justification by any means | ||||||
18 | causes bodily harm to the merchant. | ||||||
19 | (10) A person authorized to serve process under Section | ||||||
20 | 2-202 of the Code of Civil Procedure or a special process | ||||||
21 | server appointed by the circuit court while that individual | ||||||
22 | is in the performance of his or her duties as a process | ||||||
23 | server. | ||||||
24 | (11) A nurse while in the performance of his or her | ||||||
25 | duties as a nurse. | ||||||
26 | (e) Offense based on use of a firearm. A person commits |
| |||||||
| |||||||
1 | aggravated battery when, in committing a battery, he or she | ||||||
2 | knowingly does any of the following: | ||||||
3 | (1) Discharges a firearm, other than a machine gun or a | ||||||
4 | firearm equipped with a silencer, and causes any injury to | ||||||
5 | another person. | ||||||
6 | (2) Discharges a firearm, other than a machine gun or a | ||||||
7 | firearm equipped with a silencer, and causes any injury to | ||||||
8 | a person he or she knows to be a peace officer, community | ||||||
9 | policing volunteer, person summoned by a police officer, | ||||||
10 | fireman, private security officer, correctional | ||||||
11 | institution employee, or emergency management worker: | ||||||
12 | (i) performing his or her official duties; | ||||||
13 | (ii) battered to prevent performance of his or her | ||||||
14 | official duties; or | ||||||
15 | (iii) battered in retaliation for performing his | ||||||
16 | or her official duties. | ||||||
17 | (3) Discharges a firearm, other than a machine gun or a | ||||||
18 | firearm equipped with a silencer, and causes any injury to | ||||||
19 | a person he or she knows to be emergency medical services | ||||||
20 | personnel: | ||||||
21 | (i) performing his or her official duties; | ||||||
22 | (ii) battered to prevent performance of his or her | ||||||
23 | official duties; or | ||||||
24 | (iii) battered in retaliation for performing his | ||||||
25 | or her official duties. | ||||||
26 | (4) Discharges a firearm and causes any injury to a |
| |||||||
| |||||||
1 | person he or she knows to be a teacher, a student in a | ||||||
2 | school, or a school employee, and the teacher, student, or | ||||||
3 | employee is upon school grounds or grounds adjacent to a | ||||||
4 | school or in any part of a building used for school | ||||||
5 | purposes. | ||||||
6 | (5) Discharges a machine gun or a firearm equipped with | ||||||
7 | a silencer, and causes any injury to another person. | ||||||
8 | (6) Discharges a machine gun or a firearm equipped with | ||||||
9 | a silencer, and causes any injury to a person he or she | ||||||
10 | knows to be a peace officer, community policing volunteer, | ||||||
11 | person summoned by a police officer, fireman, private | ||||||
12 | security officer, correctional institution employee or | ||||||
13 | emergency management worker: | ||||||
14 | (i) performing his or her official duties; | ||||||
15 | (ii) battered to prevent performance of his or her | ||||||
16 | official duties; or | ||||||
17 | (iii) battered in retaliation for performing his | ||||||
18 | or her official duties. | ||||||
19 | (7) Discharges a machine gun or a firearm equipped with | ||||||
20 | a silencer, and causes any injury to a person he or she | ||||||
21 | knows to be emergency medical services personnel: | ||||||
22 | (i) performing his or her official duties; | ||||||
23 | (ii) battered to prevent performance of his or her | ||||||
24 | official duties; or | ||||||
25 | (iii) battered in retaliation for performing his | ||||||
26 | or her official duties. |
| |||||||
| |||||||
1 | (8) Discharges a machine gun or a firearm equipped with | ||||||
2 | a silencer, and causes any injury to a person he or she | ||||||
3 | knows to be a teacher, or a student in a school, or a | ||||||
4 | school employee, and the teacher, student, or employee is | ||||||
5 | upon school grounds or grounds adjacent to a school or in | ||||||
6 | any part of a building used for school purposes. | ||||||
7 | (f) Offense based on use of a weapon or device. A person | ||||||
8 | commits aggravated battery when, in committing a battery, he or | ||||||
9 | she does any of the following: | ||||||
10 | (1) Uses a deadly weapon other than by discharge of a | ||||||
11 | firearm, or uses an air rifle as defined in Section | ||||||
12 | 24.8-0.1 of this Code. | ||||||
13 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
14 | identity. | ||||||
15 | (3) Knowingly and without lawful justification shines | ||||||
16 | or flashes a laser gunsight or other laser device attached | ||||||
17 | to a firearm, or used in concert with a firearm, so that | ||||||
18 | the laser beam strikes upon or against the person of | ||||||
19 | another. | ||||||
20 | (4) Knowingly video or audio records the offense with | ||||||
21 | the intent to disseminate the recording. | ||||||
22 | (g) Offense based on certain conduct. A person commits | ||||||
23 | aggravated battery when, other than by discharge of a firearm, | ||||||
24 | he or she does any of the following: | ||||||
25 | (1) Violates Section 401 of the Illinois Controlled | ||||||
26 | Substances Act by unlawfully delivering a controlled |
| |||||||
| |||||||
1 | substance to another and any user experiences great bodily | ||||||
2 | harm or permanent disability as a result of the injection, | ||||||
3 | inhalation, or ingestion of any amount of the controlled | ||||||
4 | substance. | ||||||
5 | (2) Knowingly administers to an individual or causes | ||||||
6 | him or her to take, without his or her consent or by threat | ||||||
7 | or deception, and for other than medical purposes, any | ||||||
8 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
9 | or controlled substance, or gives to another person any | ||||||
10 | food containing any substance or object intended to cause | ||||||
11 | physical injury if eaten. | ||||||
12 | (3) Knowingly causes or attempts to cause a | ||||||
13 | correctional institution employee or Department of Human | ||||||
14 | Services employee to come into contact with blood, seminal | ||||||
15 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
16 | the fluid or material, and the person is an inmate of a | ||||||
17 | penal institution or is a sexually dangerous person or | ||||||
18 | sexually violent person in the custody of the Department of | ||||||
19 | Human Services. | ||||||
20 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
21 | battery is a Class 3 felony. | ||||||
22 | Aggravated battery as defined in subdivision (a)(4), | ||||||
23 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
24 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
25 | (g)(1) is a Class 1 felony. | ||||||
26 | Aggravated battery as defined in subdivision (a)(1) is a |
| |||||||
| |||||||
1 | Class 1 felony when the aggravated battery was intentional and | ||||||
2 | involved the infliction of torture, as defined in paragraph | ||||||
3 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
4 | infliction of or subjection to extreme physical pain, motivated | ||||||
5 | by an intent to increase or prolong the pain, suffering, or | ||||||
6 | agony of the victim. | ||||||
7 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
8 | Class 1 felony when the person causes great bodily harm or | ||||||
9 | permanent disability to an individual whom the person knows to | ||||||
10 | be a member of a congregation engaged in prayer or other | ||||||
11 | religious activities at a church, synagogue, mosque, or other | ||||||
12 | building, structure, or place used for religious worship. | ||||||
13 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
14 | felony if: | ||||||
15 | (A) the person used or attempted to use a dangerous
| ||||||
16 | instrument while committing the offense; or | ||||||
17 | (B) the person caused great bodily harm or
permanent | ||||||
18 | disability or disfigurement to the other
person while | ||||||
19 | committing the offense; or | ||||||
20 | (C) the person has been previously convicted of a
| ||||||
21 | violation of subdivision (a)(5) under the laws of this
| ||||||
22 | State or laws similar to subdivision (a)(5) of any other
| ||||||
23 | state. | ||||||
24 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
25 | Class X felony. | ||||||
26 | Aggravated battery as defined in subdivision (a)(2) is a |
| |||||||
| |||||||
1 | Class X felony for which a person shall be sentenced to a term | ||||||
2 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
3 | years. | ||||||
4 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
5 | Class X felony for which a person shall be sentenced to a term | ||||||
6 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
7 | years. | ||||||
8 | Aggravated battery as defined in subdivision (e)(2), | ||||||
9 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
10 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
11 | and a maximum of 60 years. | ||||||
12 | Aggravated battery as defined in subdivision (e)(6), | ||||||
13 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
14 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
15 | and a maximum of 60 years. | ||||||
16 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
17 | Class X felony, except that: | ||||||
18 | (1) if the person committed the offense while armed | ||||||
19 | with a firearm, 15 years shall be added to the term of | ||||||
20 | imprisonment imposed by the court; | ||||||
21 | (2) if, during the commission of the offense, the | ||||||
22 | person personally discharged a firearm, 20 years shall be | ||||||
23 | added to the term of imprisonment imposed by the court; | ||||||
24 | (3) if, during the commission of the offense, the | ||||||
25 | person personally discharged a firearm that proximately | ||||||
26 | caused great bodily harm, permanent disability, permanent |
| |||||||
| |||||||
1 | disfigurement, or death to another person, 25 years or up | ||||||
2 | to a term of natural life shall be added to the term of | ||||||
3 | imprisonment imposed by the court. | ||||||
4 | (i) Definitions. For the purposes of this Section: | ||||||
5 | "Building or other structure used to provide shelter" has | ||||||
6 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
7 | Violence Shelters Act. | ||||||
8 | "Domestic violence" has the meaning ascribed to it in | ||||||
9 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
10 | "Domestic violence shelter" means any building or other | ||||||
11 | structure used to provide shelter or other services to victims | ||||||
12 | or to the dependent children of victims of domestic violence | ||||||
13 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
14 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
15 | such a building or other structure in the case of a person who | ||||||
16 | is going to or from such a building or other structure. | ||||||
17 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
18 | Firearm Owners Identification Card Act, and does
not include an | ||||||
19 | air rifle as defined by Section 24.8-0.1 of this Code. | ||||||
20 | "Machine gun" has the meaning ascribed to it in Section | ||||||
21 | 24-1 of this Code. | ||||||
22 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
23 | of this Code. | ||||||
24 | "Strangle" means
intentionally impeding the normal | ||||||
25 | breathing or circulation of the blood of an individual by | ||||||
26 | applying pressure on the throat
or neck of that individual or |
| |||||||
| |||||||
1 | by blocking the nose or mouth of
that individual.
| ||||||
2 | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, | ||||||
3 | eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
| ||||||
4 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
5 | Sec. 24-1. Unlawful use of weapons.
| ||||||
6 | (a) A person commits the offense of unlawful use of weapons | ||||||
7 | when
he knowingly:
| ||||||
8 | (1) Sells, manufactures, purchases, possesses or | ||||||
9 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
10 | sand-bag, metal knuckles or other knuckle weapon | ||||||
11 | regardless of its composition, throwing star,
or any knife, | ||||||
12 | commonly referred to as a switchblade knife, which has a
| ||||||
13 | blade that opens automatically by hand pressure applied to | ||||||
14 | a button,
spring or other device in the handle of the | ||||||
15 | knife, or a ballistic knife,
which is a device that propels | ||||||
16 | a knifelike blade as a projectile by means
of a coil | ||||||
17 | spring, elastic material or compressed gas; or
| ||||||
18 | (2) Carries or possesses with intent to use the same | ||||||
19 | unlawfully
against another, a dagger, dirk, billy, | ||||||
20 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
21 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
22 | deadly weapon or instrument of like character; or
| ||||||
23 | (2.5) Carries or possesses with intent to use the same | ||||||
24 | unlawfully against another, any firearm, knife, or other | ||||||
25 | dangerous weapon, in any school church, synagogue, mosque, |
| |||||||
| |||||||
1 | or other building, structure, or place used for religious | ||||||
2 | worship; or | ||||||
3 | (3) Carries on or about his person or in any vehicle, a | ||||||
4 | tear gas gun
projector or bomb or any object containing | ||||||
5 | noxious liquid gas or
substance, other than an object | ||||||
6 | containing a non-lethal noxious liquid gas
or substance | ||||||
7 | designed solely for personal defense carried by a person 18
| ||||||
8 | years of age or older; or
| ||||||
9 | (4) Carries or possesses in any vehicle or concealed on | ||||||
10 | or about his
person except when on his land or in his own | ||||||
11 | abode, legal dwelling, or fixed place of
business, or on | ||||||
12 | the land or in the legal dwelling of another person as an | ||||||
13 | invitee with that person's permission, any pistol, | ||||||
14 | revolver, stun gun or taser or other firearm, except
that
| ||||||
15 | this subsection (a) (4) does not apply to or affect | ||||||
16 | transportation of weapons
that meet one of the following | ||||||
17 | conditions:
| ||||||
18 | (i) are broken down in a non-functioning state; or
| ||||||
19 | (ii) are not immediately accessible; or
| ||||||
20 | (iii) are unloaded and enclosed in a case, firearm | ||||||
21 | carrying box,
shipping box, or other container by a | ||||||
22 | person who has been issued a currently
valid Firearm | ||||||
23 | Owner's
Identification Card; or | ||||||
24 | (iv) are carried or possessed in accordance with | ||||||
25 | the Firearm Concealed Carry Act by a person who has | ||||||
26 | been issued a currently valid license under the Firearm |
| |||||||
| |||||||
1 | Concealed Carry Act; or
| ||||||
2 | (5) Sets a spring gun; or
| ||||||
3 | (6) Possesses any device or attachment of any kind | ||||||
4 | designed, used or
intended for use in silencing the report | ||||||
5 | of any firearm; or
| ||||||
6 | (7) Sells, manufactures, purchases, possesses or | ||||||
7 | carries:
| ||||||
8 | (i) a machine gun, which shall be defined for the | ||||||
9 | purposes of this
subsection as any weapon,
which | ||||||
10 | shoots, is designed to shoot, or can be readily | ||||||
11 | restored to shoot,
automatically more than one shot | ||||||
12 | without manually reloading by a single
function of the | ||||||
13 | trigger, including the frame or receiver
of any such | ||||||
14 | weapon, or sells, manufactures, purchases, possesses, | ||||||
15 | or
carries any combination of parts designed or | ||||||
16 | intended for
use in converting any weapon into a | ||||||
17 | machine gun, or any combination or
parts from which a | ||||||
18 | machine gun can be assembled if such parts are in the
| ||||||
19 | possession or under the control of a person;
| ||||||
20 | (ii) any rifle having one or
more barrels less than | ||||||
21 | 16 inches in length or a shotgun having one or more
| ||||||
22 | barrels less than 18 inches in length or any weapon | ||||||
23 | made from a rifle or
shotgun, whether by alteration, | ||||||
24 | modification, or otherwise, if such a weapon
as | ||||||
25 | modified has an overall length of less than 26 inches; | ||||||
26 | or
|
| |||||||
| |||||||
1 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
2 | other container containing an
explosive substance of | ||||||
3 | over one-quarter ounce for like purposes, such
as, but | ||||||
4 | not limited to, black powder bombs and Molotov | ||||||
5 | cocktails or
artillery projectiles; or
| ||||||
6 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
7 | or other
deadly weapon in any place which is licensed to | ||||||
8 | sell intoxicating
beverages, or at any public gathering | ||||||
9 | held pursuant to a license issued
by any governmental body | ||||||
10 | or any public gathering at which an admission
is charged, | ||||||
11 | excluding a place where a showing, demonstration or lecture
| ||||||
12 | involving the exhibition of unloaded firearms is | ||||||
13 | conducted.
| ||||||
14 | This subsection (a)(8) does not apply to any auction or | ||||||
15 | raffle of a firearm
held pursuant to
a license or permit | ||||||
16 | issued by a governmental body, nor does it apply to persons
| ||||||
17 | engaged
in firearm safety training courses; or
| ||||||
18 | (9) Carries or possesses in a vehicle or on or about | ||||||
19 | his person any
pistol, revolver, stun gun or taser or | ||||||
20 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
21 | masked in such manner as to conceal his identity; or
| ||||||
22 | (10) Carries or possesses on or about his person, upon | ||||||
23 | any public street,
alley, or other public lands within the | ||||||
24 | corporate limits of a city, village
or incorporated town, | ||||||
25 | except when an invitee thereon or therein, for the
purpose | ||||||
26 | of the display of such weapon or the lawful commerce in |
| |||||||
| |||||||
1 | weapons, or
except when on his land or in his own abode, | ||||||
2 | legal dwelling, or fixed place of business, or on the land | ||||||
3 | or in the legal dwelling of another person as an invitee | ||||||
4 | with that person's permission, any
pistol, revolver, stun | ||||||
5 | gun or taser or other firearm, except that this
subsection | ||||||
6 | (a) (10) does not apply to or affect transportation of | ||||||
7 | weapons that
meet one of the following conditions:
| ||||||
8 | (i) are broken down in a non-functioning state; or
| ||||||
9 | (ii) are not immediately accessible; or
| ||||||
10 | (iii) are unloaded and enclosed in a case, firearm | ||||||
11 | carrying box,
shipping box, or other container by a | ||||||
12 | person who has been issued a currently
valid Firearm | ||||||
13 | Owner's
Identification Card; or
| ||||||
14 | (iv) are carried or possessed in accordance with | ||||||
15 | the Firearm Concealed Carry Act by a person who has | ||||||
16 | been issued a currently valid license under the Firearm | ||||||
17 | Concealed Carry Act. | ||||||
18 | A "stun gun or taser", as used in this paragraph (a) | ||||||
19 | means (i) any device
which is powered by electrical | ||||||
20 | charging units, such as, batteries, and
which fires one or | ||||||
21 | several barbs attached to a length of wire and
which, upon | ||||||
22 | hitting a human, can send out a current capable of | ||||||
23 | disrupting
the person's nervous system in such a manner as | ||||||
24 | to render him incapable of
normal functioning or (ii) any | ||||||
25 | device which is powered by electrical
charging units, such | ||||||
26 | as batteries, and which, upon contact with a human or
|
| |||||||
| |||||||
1 | clothing worn by a human, can send out current capable of | ||||||
2 | disrupting
the person's nervous system in such a manner as | ||||||
3 | to render him incapable
of normal functioning; or
| ||||||
4 | (11) Sells, manufactures or purchases any explosive | ||||||
5 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
6 | bullet" means the projectile portion of
an ammunition | ||||||
7 | cartridge which contains or carries an explosive charge | ||||||
8 | which
will explode upon contact with the flesh of a human | ||||||
9 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
10 | a projectile affixed at the
front thereof and a cap or | ||||||
11 | primer at the rear end thereof, with the
propellant | ||||||
12 | contained in such tube between the projectile and the cap; | ||||||
13 | or
| ||||||
14 | (12) (Blank); or
| ||||||
15 | (13) Carries or possesses on or about his or her person | ||||||
16 | while in a building occupied by a unit of government, a | ||||||
17 | billy club, other weapon of like character, or other | ||||||
18 | instrument of like character intended for use as a weapon. | ||||||
19 | For the purposes of this Section, "billy club" means a | ||||||
20 | short stick or club commonly carried by police officers | ||||||
21 | which is either telescopic or constructed of a solid piece | ||||||
22 | of wood or other man-made material. | ||||||
23 | (b) Sentence. A person convicted of a violation of | ||||||
24 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
25 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
26 | Class A
misdemeanor.
A person convicted of a violation of |
| |||||||
| |||||||
1 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
2 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
3 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
4 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
5 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
6 | of not less than 3 years and not more than 7 years, unless the | ||||||
7 | weapon is possessed in the
passenger compartment of a motor | ||||||
8 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
9 | Code, or on the person, while the weapon is loaded, in which
| ||||||
10 | case it shall be a Class X felony. A person convicted of a
| ||||||
11 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
12 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
13 | felony. A person convicted of a violation of subsection | ||||||
14 | 24-1(a)(2.5) commits a Class 1 felony. The possession of each | ||||||
15 | weapon in violation of this Section constitutes a single and | ||||||
16 | separate violation.
| ||||||
17 | (c) Violations in specific places.
| ||||||
18 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
19 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
20 | the time of year, in residential
property owned, operated | ||||||
21 | or managed by a public housing agency or
leased by
a public | ||||||
22 | housing agency as part of a scattered site or mixed-income
| ||||||
23 | development, in a
public park, in a courthouse, on the real | ||||||
24 | property comprising any school,
regardless of the
time of | ||||||
25 | day or the time of year, on residential property owned, | ||||||
26 | operated
or
managed by a public housing agency
or leased by |
| |||||||
| |||||||
1 | a public housing agency as part of a scattered site or
| ||||||
2 | mixed-income development,
on the real property comprising | ||||||
3 | any
public park, on the real property comprising any | ||||||
4 | courthouse, in any conveyance
owned, leased or contracted | ||||||
5 | by a school to
transport students to or from school or a | ||||||
6 | school related activity, in any conveyance
owned, leased, | ||||||
7 | or contracted by a public transportation agency, or on any
| ||||||
8 | public way within 1,000 feet of the real property | ||||||
9 | comprising any school,
public park, courthouse, public | ||||||
10 | transportation facility, or residential property owned, | ||||||
11 | operated, or managed
by a public housing agency
or leased | ||||||
12 | by a public housing agency as part of a scattered site or
| ||||||
13 | mixed-income development
commits a Class 2 felony and shall | ||||||
14 | be sentenced to a term of imprisonment of not less than 3 | ||||||
15 | years and not more than 7 years.
| ||||||
16 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
17 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
18 | time of day or the time of year,
in residential property | ||||||
19 | owned, operated, or managed by a public
housing
agency
or | ||||||
20 | leased by a public housing agency as part of a scattered | ||||||
21 | site or
mixed-income development,
in
a public
park, in a | ||||||
22 | courthouse, on the real property comprising any school, | ||||||
23 | regardless
of the time of day or the time of year, on | ||||||
24 | residential property owned,
operated, or managed by a | ||||||
25 | public housing agency
or leased by a public housing agency | ||||||
26 | as part of a scattered site or
mixed-income development,
on |
| |||||||
| |||||||
1 | the real property
comprising any public park, on the real | ||||||
2 | property comprising any courthouse, in
any conveyance | ||||||
3 | owned, leased, or contracted by a school to transport | ||||||
4 | students
to or from school or a school related activity, in | ||||||
5 | any conveyance
owned, leased, or contracted by a public | ||||||
6 | transportation agency, or on any public way within
1,000 | ||||||
7 | feet of the real property comprising any school, public | ||||||
8 | park, courthouse,
public transportation facility, or | ||||||
9 | residential property owned, operated, or managed by a | ||||||
10 | public
housing agency
or leased by a public housing agency | ||||||
11 | as part of a scattered site or
mixed-income development
| ||||||
12 | commits a Class 3 felony.
| ||||||
13 | (2) A person who violates subsection 24-1(a)(1), | ||||||
14 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
15 | time of day or the time of year, in
residential property | ||||||
16 | owned, operated or managed by a public housing
agency
or | ||||||
17 | leased by a public housing agency as part of a scattered | ||||||
18 | site or
mixed-income development,
in
a public park, in a | ||||||
19 | courthouse, on the real property comprising any school,
| ||||||
20 | regardless of the time of day or the time of year, on | ||||||
21 | residential property
owned, operated or managed by a public | ||||||
22 | housing agency
or leased by a public housing agency as part | ||||||
23 | of a scattered site or
mixed-income development,
on the | ||||||
24 | real property
comprising any public park, on the real | ||||||
25 | property comprising any courthouse, in
any conveyance | ||||||
26 | owned, leased or contracted by a school to transport |
| |||||||
| |||||||
1 | students
to or from school or a school related activity, in | ||||||
2 | any conveyance
owned, leased, or contracted by a public | ||||||
3 | transportation agency, or on any public way within
1,000 | ||||||
4 | feet of the real property comprising any school, public | ||||||
5 | park, courthouse,
public transportation facility, or | ||||||
6 | residential property owned, operated, or managed by a | ||||||
7 | public
housing agency or leased by a public housing agency | ||||||
8 | as part of a scattered
site or mixed-income development | ||||||
9 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
10 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
11 | this State for the conduct of official business.
| ||||||
12 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
13 | (c) shall not
apply to law
enforcement officers or security | ||||||
14 | officers of such school, college, or
university or to | ||||||
15 | students carrying or possessing firearms for use in | ||||||
16 | training
courses, parades, hunting, target shooting on | ||||||
17 | school ranges, or otherwise with
the consent of school | ||||||
18 | authorities and which firearms are transported unloaded
| ||||||
19 | enclosed in a suitable case, box, or transportation | ||||||
20 | package.
| ||||||
21 | (4) For the purposes of this subsection (c), "school" | ||||||
22 | means any public or
private elementary or secondary school, | ||||||
23 | community college, college, or
university.
| ||||||
24 | (5) For the purposes of this subsection (c), "public | ||||||
25 | transportation agency" means a public or private agency | ||||||
26 | that provides for the transportation or conveyance of
|
| |||||||
| |||||||
1 | persons by means available to the general public, except | ||||||
2 | for transportation
by automobiles not used for conveyance | ||||||
3 | of the general public as passengers; and "public | ||||||
4 | transportation facility" means a terminal or other place
| ||||||
5 | where one may obtain public transportation.
| ||||||
6 | (d) The presence in an automobile other than a public | ||||||
7 | omnibus of any
weapon, instrument or substance referred to in | ||||||
8 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
9 | possession of, and is being
carried by, all persons occupying | ||||||
10 | such automobile at the time such
weapon, instrument or | ||||||
11 | substance is found, except under the following
circumstances: | ||||||
12 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
13 | the person of one of the occupants therein; or (ii) if such
| ||||||
14 | weapon, instrument or substance is found in an automobile | ||||||
15 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
16 | and proper pursuit of
his trade, then such presumption shall | ||||||
17 | not apply to the driver.
| ||||||
18 | (e) Exemptions. | ||||||
19 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
20 | Spearguns are exempted from the definition of ballistic | ||||||
21 | knife as defined in
paragraph (1) of subsection (a) of this | ||||||
22 | Section. | ||||||
23 | (2) The provision of paragraph (1) of subsection (a) of | ||||||
24 | this Section prohibiting the sale, manufacture, purchase, | ||||||
25 | possession, or carrying of any knife, commonly referred to | ||||||
26 | as a switchblade knife, which has a
blade that opens |
| |||||||
| |||||||
1 | automatically by hand pressure applied to a button,
spring | ||||||
2 | or other device in the handle of the knife, does not apply | ||||||
3 | to a person who possesses a currently valid Firearm Owner's | ||||||
4 | Identification Card previously issued in his or her name by | ||||||
5 | the Department of State Police or to a person or an entity | ||||||
6 | engaged in the business of selling or manufacturing | ||||||
7 | switchblade knives.
| ||||||
8 | (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)".
|