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Public Act 91-0404
SB1112 Enrolled LRB9104147LDmbD
AN ACT in relation to criminal penalties, amending named
Acts.
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 8-4, 9-1.2, 10-2, 12-4.3, 12-11, 12-14,
12-14.1, 18-2, 18-4, 33A-1, 33A-2, and adding Sections 2-3.6,
2-7.5, and 2-15.5 as follows:
(720 ILCS 5/2-3.6 new)
Sec. 2-3.6. "Armed with a firearm". Except as otherwise
provided in a specific Section, a person is considered "armed
with a firearm" when he or she carries on or about his or her
person or is otherwise armed with a firearm.
(720 ILCS 5/2-7.5 new)
Sec. 5/2-7.5. "Firearm". Except as otherwise provided
in a specific Section, "firearm" has the meaning ascribed to
it in Section 1.1 of the Firearm Owners Identification Card
Act.
(720 ILCS 5/2-15.5 new)
Sec. 2-15.5. "Personally discharged a firearm". A
person is considered to have "personally discharged a
firearm" when he or she, while armed with a firearm,
knowingly and intentionally fires a firearm causing the
ammunition projectile to be forcefully expelled from the
firearm.
(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
Sec. 8-4. Attempt.
(a) Elements of the Offense.
A person commits an attempt when, with intent to commit a
specific offense, he does any act which constitutes a
substantial step toward the commission of that offense.
(b) Impossibility.
It shall not be a defense to a charge of attempt that
because of a misapprehension of the circumstances it would
have been impossible for the accused to commit the offense
attempted.
(c) Sentence.
A person convicted of an attempt may be fined or
imprisoned or both not to exceed the maximum provided for the
offense attempted but, except for an attempt to commit the
offense defined in Section 33A-2 of this Act,
(1) the sentence for attempt to commit first degree
murder is the sentence for a Class X felony, except that
(A) an attempt to commit first degree murder
when at least one of the aggravating factors
specified in paragraphs (1), (2) and (12) of
subsection (b) of Section 9-1 is present is a Class
X felony for which the sentence shall be a term of
imprisonment of not less than 20 years and not more
than 80 years;
(B) an attempt to commit first degree murder
while armed with a firearm is a Class X felony for
which 15 years shall be added to the term of
imprisonment imposed by the court;
(C) an attempt to commit first degree murder
during which the person personally discharged a
firearm is a Class X felony for which 20 years shall
be added to the term of imprisonment imposed by the
court;
(D) an attempt to commit first degree murder
during which the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person, is a Class X felony for
which 25 years or up to a term of natural life shall
be added to the term of imprisonment imposed by the
court.
(2) the sentence for attempt to commit a Class X
felony is the sentence for a Class 1 felony;
(3) the sentence for attempt to commit a Class 1
felony is the sentence for a Class 2 felony;
(4) the sentence for attempt to commit a Class 2
felony is the sentence for a Class 3 felony; and
(5) the sentence for attempt to commit any felony
other than those specified in Subsections (1), (2), (3)
and (4) hereof is the sentence for a Class A misdemeanor.
(Source: P.A. 87-921; 88-680, eff. 1-1-95.)
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional Homicide of an Unborn Child. (a)
A person commits the offense of intentional homicide of an
unborn child if, in performing acts which cause the death of
an unborn child, he without lawful justification:
(1) either intended to cause the death of or do great
bodily harm to the pregnant woman or her unborn child or knew
that such acts would cause death or great bodily harm to the
pregnant woman or her unborn child; or
(2) he knew that his acts created a strong probability
of death or great bodily harm to the pregnant woman or her
unborn child; and
(3) he knew that the woman was pregnant.
(b) For purposes of this Section, (1) "unborn child"
shall mean any individual of the human species from
fertilization until birth, and (2) "person" shall not include
the pregnant woman whose unborn child is killed.
(c) This Section shall not apply to acts which cause the
death of an unborn child if those acts were committed during
any abortion, as defined in Section 2 of the Illinois
Abortion Law of 1975, as amended, to which the pregnant woman
has consented. This Section shall not apply to acts which
were committed pursuant to usual and customary standards of
medical practice during diagnostic testing or therapeutic
treatment.
(d) Penalty. The sentence for intentional homicide of
an unborn child shall be the same as for first degree murder,
except that:
(1) the death penalty may not be imposed;
(2) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(4) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to
prohibit the prosecution of any person under any other
provision of law.
(Source: P.A. 85-293.)
(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
Sec. 10-2. Aggravated kidnaping.
(a) A kidnaper within the definition of paragraph (a) of
Section 10-1 is guilty of the offense of aggravated
kidnaping when he:
(1) Kidnaps for the purpose of obtaining ransom
from the person kidnaped or from any other person, or
(2) Takes as his victim a child under the age of 13
years, or an institutionalized severely or profoundly
mentally retarded person, or
(3) Inflicts great bodily harm, other than by the
discharge of a firearm, or commits another felony upon
his victim, or
(4) Wears a hood, robe or mask or conceals his
identity, or
(5) Commits the offense of kidnaping while armed
with a dangerous weapon, other than a firearm, as defined
in Section 33A-1 of the "Criminal Code of 1961", or
(6) Commits the offense of kidnaping while armed
with a firearm, or
(7) During the commission of the offense of
kidnaping, personally discharged a firearm, or
(8) During the commission of the offense of
kidnaping, personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to another
person.
As used in this Section, "ransom" includes money, benefit
or other valuable thing or concession.
(b) Sentence. Aggravated kidnaping in violation of
paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
Class X felony. A violation of subsection (a)(6) is a Class X
felony for which 15 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection
(a)(7) is a Class X felony for which 20 years shall be added
to the term of imprisonment imposed by the court. A violation
of subsection (a)(8) is a Class X felony for which 25 years
or up to a term of natural life shall be added to the term of
imprisonment imposed by the court.
A person who is convicted of a second or subsequent
offense of aggravated kidnaping shall be sentenced to a term
of natural life imprisonment; provided, however, that a
sentence of natural life imprisonment shall not be imposed
under this Section unless the second or subsequent offense
was committed after conviction on the first offense.
(Source: P.A. 89-707, eff. 6-1-97.)
(720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
Sec. 12-4.3. Aggravated battery of a child.
(a) Any person of the age 18 years and upwards who
intentionally or knowingly, and without legal justification
and by any means, causes great bodily harm or permanent
disability or disfigurement to any child under the age of 13
years or to any institutionalized severely or profoundly
mentally retarded person, commits the offense of aggravated
battery of a child.
(b) Aggravated battery of a child is a Class X felony,
except that:
(1) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(Source: P.A. 89-313, eff. 1-1-96.)
(720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
Sec. 12-11. Home Invasion.
(a) A person who is not a peace officer acting in the
line of duty commits home invasion when without authority he
or she knowingly enters the dwelling place of another when he
or she knows or has reason to know that one or more persons
is present or he or she knowingly enters the dwelling place
of another and remains in such dwelling place until he or she
knows or has reason to know that one or more persons is
present and
(1) While armed with a dangerous weapon, other than
a firearm, uses force or threatens the imminent use of
force upon any person or persons within such dwelling
place whether or not injury occurs, or
(2) Intentionally causes any injury, except as
provided in subsection (a)(5), to any person or persons
within such dwelling place, or
(3) While armed with a firearm uses force or
threatens the imminent use of force upon any person or
persons within such dwelling place whether or not injury
occurs, or
(4) Uses force or threatens the imminent use of
force upon any person or persons within such dwelling
place whether or not injury occurs and during the
commission of the offense personally discharges a
firearm, or
(5) Personally discharges a firearm that
proximately causes great bodily harm, permanent
disability, permanent disfigurement, or death to another
person within such dwelling place.
(b) It is an affirmative defense to a charge of home
invasion that the accused who knowingly enters the dwelling
place of another and remains in such dwelling place until he
or she knows or has reason to know that one or more persons
is present either immediately leaves such premises or
surrenders to the person or persons lawfully present therein
without either attempting to cause or causing serious bodily
injury to any person present therein.
(c) Sentence. Home invasion in violation of subsection
(a)(1) or (a)(2) is a Class X felony. A violation of
subsection (a)(3) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(4) is a Class X felony
for which 20 years shall be added to the term of imprisonment
imposed by the court. A violation of subsection (a)(5) is a
Class X felony for which 25 years or up to a term of natural
life shall be added to the term of imprisonment imposed by
the court.
(d) For purposes of this Section, "dwelling place of
another" includes a dwelling place where the defendant
maintains a tenancy interest but from which the defendant has
been barred by a divorce decree, judgment of dissolution of
marriage, order of protection, or other court order.
(Source: P.A. 90-787, eff. 8-14-98.)
(720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
Sec. 12-14. Aggravated Criminal Sexual Assault.
(a) The accused commits aggravated criminal sexual
assault if he or she commits criminal sexual assault and any
of the following aggravating circumstances existed during, or
for the purposes of paragraph (7) of this subsection (a) as
part of the same course of conduct as, the commission of the
offense:
(1) the accused displayed, threatened to use, or
used a dangerous weapon, other than a firearm, or any
object fashioned or utilized in such a manner as to lead
the victim under the circumstances reasonably to believe
it to be a dangerous weapon; or
(2) the accused caused bodily harm, except as
provided in subsection (a)(10), to the victim; or
(3) the accused acted in such a manner as to
threaten or endanger the life of the victim or any other
person; or
(4) the criminal sexual assault was perpetrated
during the course of the commission or attempted
commission of any other felony by the accused; or
(5) the victim was 60 years of age or over when the
offense was committed; or
(6) the victim was a physically handicapped person;
or
(7) the accused delivered (by injection,
inhalation, ingestion, transfer of possession, or any
other means) to the victim without his or her consent, or
by threat or deception, and for other than medical
purposes, any controlled substance; or.
(8) the accused was armed with a firearm; or
(9) the accused personally discharged a firearm
during the commission of the offense; or
(10) the accused, during the commission of the
offense, personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
(b) The accused commits aggravated criminal sexual
assault if the accused was under 17 years of age and (i)
commits an act of sexual penetration with a victim who was
under 9 years of age when the act was committed; or (ii)
commits an act of sexual penetration with a victim who was at
least 9 years of age but under 13 years of age when the act
was committed and the accused used force or threat of force
to commit the act.
(c) The accused commits aggravated criminal sexual
assault if he or she commits an act of sexual penetration
with a victim who was an institutionalized severely or
profoundly mentally retarded person at the time the act was
committed.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation
of paragraph (1), (2), (3), (4), (5), (6), or (7) of
subsection (a) is a Class X felony. A violation of
subsection (a)(8) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(9) is a Class X
felony for which 20 years shall be added to the term of
imprisonment imposed by the court. A violation of
subsection (a)(10) is a Class X felony for which 25 years
or up to a term of natural life imprisonment shall be
added to the term of imprisonment imposed by the court.
(2) A person who is convicted of a second or
subsequent offense of aggravated criminal sexual assault,
or who is convicted of the offense of aggravated criminal
sexual assault after having previously been convicted of
the offense of criminal sexual assault or the offense of
predatory criminal sexual assault of a child, or who is
convicted of the offense of aggravated criminal sexual
assault after having previously been convicted under the
laws of this or any other state of an offense that is
substantially equivalent to the offense of criminal
sexual assault, the offense of aggravated criminal sexual
assault or the offense of predatory criminal sexual
assault of a child, shall be sentenced to a term of
natural life imprisonment. The commission of the second
or subsequent offense is required to have been after the
initial conviction for this paragraph (2) to apply.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
(720 ILCS 5/12-14.1)
Sec. 12-14.1. Predatory criminal sexual assault of a
child.
(a) The accused commits predatory criminal sexual
assault of a child if:
(1) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed; or
(1.1) the accused was 17 years of age or over and,
while armed with a firearm, commits an act of sexual
penetration with a victim who was under 13 years of age
when the act was committed; or
(1.2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed and,
during the commission of the offense, the accused
personally discharged a firearm; or
(2) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed and
the accused caused great bodily harm to the victim that:
(A) resulted in permanent disability; or
(B) was life threatening; or
(3) the accused was 17 years of age or over and
commits an act of sexual penetration with a victim who
was under 13 years of age when the act was committed and
the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to
the victim without his or her consent, or by threat or
deception, and for other than medical purposes, any
controlled substance.
(b) Sentence.
(1) A person convicted of a violation of subsection
(a)(1) commits a Class X felony. A person convicted of a
violation of subsection (a)(1.1) commits a Class X felony
for which 15 years shall be added to the term of
imprisonment imposed by the court. A person convicted of
a violation of subsection (a)(1.2) commits a Class X
felony for which 20 years shall be added to the term of
imprisonment imposed by the court. A person convicted of
a violation of subsection (a)(2) commits a Class X felony
for which the person shall be sentenced to a term of
imprisonment of not less than 50 years or up to a term of
natural life imprisonment. A person convicted of a
violation of subsection (a)(2) or (a) (3) commits a Class
X felony for which the person shall be sentenced to a
term of imprisonment of not less than 50 years and not
more than 60 years.
(2) A person who is convicted of a second or
subsequent offense of predatory criminal sexual assault
of a child, or who is convicted of the offense of
predatory criminal sexual assault of a child after having
previously been convicted of the offense of criminal
sexual assault or the offense of aggravated criminal
sexual assault, or who is convicted of the offense of
predatory criminal sexual assault of a child after having
previously been convicted under the laws of this State or
any other state of an offense that is substantially
equivalent to the offense of predatory criminal sexual
assault of a child, the offense of aggravated criminal
sexual assault or the offense of criminal sexual assault,
shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent
offense is required to have been after the initial
conviction for this paragraph (2) to apply.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
(720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
Sec. 18-2. Armed robbery.
(a) A person commits armed robbery when he or she
violates Section 18-1; and
(1) while he or she carries on or about his or her
person, or is otherwise armed with a dangerous weapon
other than a firearm; or
(2) he or she carries on or about his or her person
or is otherwise armed with a firearm; or
(3) he or she, during the commission of the
offense, personally discharges a firearm; or
(4) he or she, during the commission of the
offense, personally discharges a firearm that proximately
causes great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
(b) Sentence.
Armed robbery in violation of subsection (a)(1) is a
Class X felony. A violation of subsection (a)(2) is a Class X
felony for which 15 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection
(a)(3) is a Class X felony for which 20 years shall be added
to the term of imprisonment imposed by the court. A violation
of subsection (a)(4) is a Class X felony for which 25 years
or up to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(Source: P.A. 80-1099.)
(720 ILCS 5/18-4)
Sec. 18-4. Aggravated vehicular hijacking.
(a) A person commits aggravated vehicular hijacking when
he or she violates Section 18-3; and
(1) the person from whose immediate presence the
motor vehicle is taken is a physically handicapped person
or a person 60 years of age or over; or
(2) a person under 16 years of age is a passenger
in the motor vehicle at the time of the offense; or
(3) he or she carries on or about his or her
person, or is otherwise armed with a dangerous weapon,
other than a firearm; or
(4) he or she carries on or about his or her person
or is otherwise armed with a firearm; or
(5) he or she, during the commission of the
offense, personally discharges a firearm; or
(6) he or she, during the commission of the
offense, personally discharges a firearm that proximately
causes great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
(b) Sentence. Aggravated vehicular hijacking in
violation of subsections (a)(1) or (a)(2) is a Class X
felony. Aggravated vehicular hijacking in violation of
subsection (a)(3) is a Class X felony for which a term of
imprisonment of not less than 7 years shall be imposed.
Aggravated vehicular hijacking in violation of subsection
(a)(4) is a Class X felony for which 15 years shall be added
to the term of imprisonment imposed by the court. Aggravated
vehicular hijacking in violation of subsection (a)(5) is a
Class X felony for which 20 years shall be added to the term
of imprisonment imposed by the court. Aggravated vehicular
hijacking in violation of subsection (a)(6) is a Class X
felony for which 25 years or up to a term of natural life
shall be added to the term of imprisonment imposed by the
court.
(Source: P.A. 88-351.)
(720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
Sec. 33A-1. Legislative intent and definitions.
(a) Legislative findings. The legislature finds and
declares the following:
(1) The use of a dangerous weapon in the commission
of a felony offense poses a much greater threat to the
public health, safety, and general welfare, than when a
weapon is not used in the commission of the offense.
(2) Further, the use of a firearm greatly
facilitates the commission of a criminal offense because
of the more lethal nature of a firearm and the greater
perceived threat produced in those confronted by a person
wielding a firearm. Unlike other dangerous weapons such
as knives and clubs, the use of a firearm in the
commission of a criminal felony offense significantly
escalates the threat and the potential for bodily harm,
and the greater range of the firearm increases the
potential for harm to more persons. Not only are the
victims and bystanders at greater risk when a firearm is
used, but also the law enforcement officers whose duty
is to confront and apprehend the armed suspect.
(3) Current law does contain offenses involving the
use or discharge of a gun toward or against a person,
such as aggravated battery with a firearm, aggravated
discharge of a firearm, and reckless discharge of a
firearm; however, the General Assembly has legislated
greater penalties for the commission of a felony while in
possession of a firearm because it deems such acts as
more serious.
(b) Legislative intent.
(1) In order to deter the use of firearms in the
commission of a felony offense, the General Assembly
deems it appropriate for a greater penalty to be imposed
when a firearm is used or discharged in the commission of
an offense than the penalty imposed for using other types
of weapons and for the penalty to increase on more
serious offenses.
(2) With the additional elements of the discharge
of a firearm and great bodily harm inflicted by a firearm
being added to armed violence and other serious felony
offenses, it is the intent of the General Assembly to
punish those elements more severely during commission of
a felony offense than when those elements stand alone as
the act of the offender.
(3) It is the intent of the 91st General Assembly
that should Public Act 88-680 be declared
unconstitutional for a violation of Article 4, Section 8
of the 1970 Constitution of the State of Illinois, the
amendatory changes made by Public Act 88-680 to Article
33A of the Criminal Code of 1961 and which are set forth
as law in this amendatory Act of the 91st General
Assembly are hereby reenacted by this amendatory Act of
the 91st General Assembly.
(c) Definitions.
(1) (a) "Armed with a dangerous weapon". A person
is considered armed with a dangerous weapon for purposes
of this Article, when he or she carries on or about his
or her person or is otherwise armed with a Category I,
Category II, or Category III weapon.
(2) (b) A Category I weapon is a handgun, sawed-off
shotgun, sawed-off rifle, any other firearm small enough
to be concealed upon the person, semiautomatic firearm,
or machine gun. A Category II weapon is any other rifle,
shotgun, spring gun, other firearm, stun gun or taser as
defined in paragraph (a) of Section 24-1 of this Code,
knife with a blade of at least 3 inches in length,
dagger, dirk, switchblade knife, stiletto, axe, hatchet,
or other deadly or dangerous weapon or instrument of like
character. As used in this subsection (b) "semiautomatic
firearm" means a repeating firearm that utilizes a
portion of the energy of a firing cartridge to extract
the fired cartridge case and chamber the next round and
that requires a separate pull of the trigger to fire each
cartridge.
(3) (c) A Category III weapon is a bludgeon,
black-jack, slungshot, sand-bag, sand-club, metal
knuckles, billy, or other dangerous weapon of like
character.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
Sec. 33A-2. Armed violence-Elements of the offense.
(a) A person commits armed violence when, while armed
with a dangerous weapon, he commits any felony defined by
Illinois Law, except first degree murder, attempted first
degree murder, intentional homicide of an unborn child,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, aggravated kidnaping, aggravated
battery of a child, home invasion, armed robbery, or
aggravated vehicular hijacking.
(b) A person commits armed violence when he or she
personally discharges a firearm that is a Category I or
Category II weapon while committing any felony defined by
Illinois law, except first degree murder, attempted first
degree murder, intentional homicide of an unborn child,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, aggravated kidnaping, aggravated
battery of a child, home invasion, armed robbery, or
aggravated vehicular hijacking.
(c) A person commits armed violence when he or she
personally discharges a firearm that is a Category I or
Category II weapon that proximately causes great bodily harm,
permanent disability, or permanent disfigurement or death to
another person while committing any felony defined by
Illinois law, except first degree murder, attempted first
degree murder, intentional homicide of an unborn child,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, aggravated kidnaping, aggravated
battery of a child, home invasion, armed robbery, or
aggravated vehicular hijacking.
(d) This Section does not apply to violations of the
Fish and Aquatic Life Code or the Wildlife Code.
(Source: P.A. 80-1099.)
(720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
Sec. 33A-3. Sentence.
(a) Violation of Section 33A-2(a) 33A-2 with a Category
I weapon is a Class X felony for which the defendant shall be
sentenced to a minimum term of imprisonment of 15 years.
(a-5) Violation of Section 33A-2(a) 33A-2 with a
Category II weapon is a Class X felony for which the
defendant shall be sentenced to a minimum term of
imprisonment of 10 years.
(b) Violation of Section 33A-2(a) 33A-2 with a Category
III weapon is a Class 2 felony or the felony classification
provided for the same act while unarmed, whichever permits
the greater penalty. A second or subsequent violation of
Section 33A-2(a) 33A-2 with a Category III weapon is a Class
1 felony or the felony classification provided for the same
act while unarmed, whichever permits the greater penalty.
(b-5) Violation of Section 33A-2(b) with a firearm that
is a Category I or Category II weapon is a Class X felony for
which the defendant shall be sentenced to a minimum term of
imprisonment of 20 years.
(b-10) Violation of Section 33A-2(c) with a firearm that
is a Category I or Category II weapon is a Class X felony for
which the defendant shall be sentenced to a term of
imprisonment of not less than 25 years nor more than 40
years.
(c) Unless sentencing under Section 33B-1 is applicable,
any person who violates subsection (a) or (b) of Section
33A-2 with a firearm, when that person has been convicted in
any state or federal court of 3 or more of the following
offenses: treason, first degree murder, second degree murder,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, robbery,
burglary, arson, kidnaping, aggravated battery resulting in
great bodily harm or permanent disability or disfigurement,
or a violation of Section 401(a) of the Illinois Controlled
Substances Act, when the third offense was committed after
conviction on the second, the second offense was committed
after conviction on the first, and the violation of Section
33A-2 was committed after conviction on the third, shall be
sentenced to a term of imprisonment of not less than 25 years
nor more than 50 years.
(c-5) Except as otherwise provided in paragraph (b-10)
or (c) of this Section, a person who violates Section
33A-2(a) with a firearm that is a Category I weapon or
Section 33A-2(b) in any school, in any conveyance owned,
leased, or contracted by a school to transport students to or
from school or a school related activity, or on the real
property comprising any school or public park, and where the
offense was related to the activities of an organized gang,
shall be sentenced to a term of imprisonment of not less than
the term set forth in subsection (a) or (b-5) of this
Section, whichever is applicable, and not more than 30 years.
For the purposes of this subsection (c-5), "organized gang"
has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(d) For armed violence based upon a predicate offense
listed in this subsection (d) the court shall enter the
sentence for armed violence to run consecutively to the
sentence imposed for the predicate offense. The offenses
covered by this provision are:
(i) solicitation of murder,
(ii) solicitation of murder for hire,
(iii) heinous battery,
(iv) aggravated battery of a senior citizen,
(v) criminal sexual assault,
(vi) a violation of subsection (g) of Section 5 of
the Cannabis Control Act,
(vii) cannabis trafficking,
(viii) a violation of subsection (a) of Section 401
of the Illinois Controlled Substances Act,
(ix) controlled substance trafficking involving a
Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act,
(x) calculated criminal drug conspiracy, or
(xi) streetgang criminal drug conspiracy.
(Source: P.A. 88-467; 88-680, eff. 1-1-95; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96.)
Section 10. The Unified Code of Corrections is amended
by changing Sections 5-5-3, 5-8-1, and 5-8-4 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be
sentenced as provided in this Section.
(b) The following options shall be appropriate
dispositions, alone or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
repair the damage, if the offender was convicted under
paragraph (h) of Section 21-1 of the Criminal Code of
1961.
(6) A fine.
(7) An order directing the offender to make
restitution to the victim under Section 5-5-6 of this
Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based
upon an arrest for a violation of Section 11-501 of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, and the professional evaluation recommends
remedial or rehabilitative treatment or education, neither
the treatment nor the education shall be the sole disposition
and either or both may be imposed only in conjunction with
another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained
in the professional evaluation. Programs conducting alcohol
or other drug evaluation or remedial education must be
licensed by the Department of Human Services. However, if
the individual is not a resident of Illinois, the court may
accept an alcohol or other drug evaluation or remedial
education program in the state of such individual's
residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment
licensure standards.
In addition to any other fine or penalty required by law,
any individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of local
ordinance, whose operation of a motor vehicle while in
violation of Section 11-501 or such ordinance proximately
caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public
agency for the costs of that emergency response. Such
restitution shall not exceed $500 per public agency for each
such emergency response. For the purpose of this paragraph,
emergency response shall mean any incident requiring a
response by: a police officer as defined under Section 1-162
of the Illinois Vehicle Code; a fireman carried on the rolls
of a regularly constituted fire department; and an ambulance
as defined under Section 4.05 of the Emergency Medical
Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole
disposition for a felony and either or both may be imposed
only in conjunction with another disposition.
(c) (1) When a defendant is found guilty of first degree
murder the State may either seek a sentence of
imprisonment under Section 5-8-1 of this Code, or where
appropriate seek a sentence of death under Section 9-1 of
the Criminal Code of 1961.
(2) A period of probation, a term of periodic
imprisonment or conditional discharge shall not be
imposed for the following offenses. The court shall
sentence the offender to not less than the minimum term
of imprisonment set forth in this Code for the following
offenses, and may order a fine or restitution or both in
conjunction with such term of imprisonment:
(A) First degree murder where the death
penalty is not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation
of subdivision (c)(2) of Section 401 of that Act
which relates to more than 5 grams of a substance
containing cocaine or an analog thereof.
(E) A violation of Section 5.1 or 9 of the
Cannabis Control Act.
(F) A Class 2 or greater felony if the
offender had been convicted of a Class 2 or greater
felony within 10 years of the date on which he
committed the offense for which he is being
sentenced.
(G) Residential burglary.
(H) Criminal sexual assault, except as
otherwise provided in subsection (e) of this
Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was
related to the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of
5 or more persons, with an established hierarchy,
that encourages members of the association to
perpetrate crimes or provides support to the members
of the association who do commit crimes.
Beginning July 1, 1994, for the purposes of
this paragraph, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
offense of hate crime when the underlying offense
upon which the hate crime is based is felony
aggravated assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to
the property exceeds $300.
(N) A Class 3 felony violation of paragraph
(1) of subsection (a) of Section 2 of the Firearm
Owners Identification Card Act.
(O) A violation of Section 12-6.1 of the
Criminal Code of 1961.
(P) A violation of paragraph (1), (2), (3),
(4), (5), or (7) of subsection (a) of Section
11-20.1 of the Criminal Code of 1961.
(Q) A violation of Section 20-1.2 of the
Criminal Code of 1961.
(R) (Q) A violation of Section 24-3A of the
Criminal Code of 1961.
(3) A minimum term of imprisonment of not less than
48 consecutive hours or 100 hours of community service as
may be determined by the court shall be imposed for a
second or subsequent violation committed within 5 years
of a previous violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance.
(4) A minimum term of imprisonment of not less than
7 consecutive days or 30 days of community service shall
be imposed for a violation of paragraph (c) of Section
6-303 of the Illinois Vehicle Code.
(4.1) A minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or
720 hours of community service, as may be determined by
the court, shall be imposed for a violation of Section
11-501 of the Illinois Vehicle Code during a period in
which the defendant's driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of Section 11-501 or Section 11-501.1 of that
Code.
(5) The court may sentence an offender convicted of
a business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under
Section 5-5-6 of this Code.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a
Class 1 felony committed while he was serving a term of
probation or conditional discharge for a felony.
(7) When a defendant is adjudged a habitual
criminal under Article 33B of the Criminal Code of 1961,
the court shall sentence the defendant to a term of
natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having
twice been convicted of any Class 2 or greater Class
felonies in Illinois, and such charges are separately
brought and tried and arise out of different series of
acts, such defendant shall be sentenced as a Class X
offender. This paragraph shall not apply unless (1) the
first felony was committed after the effective date of
this amendatory Act of 1977; and (2) the second felony
was committed after conviction on the first; and (3) the
third felony was committed after conviction on the
second.
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced
to a term of natural life imprisonment.
(10) Beginning July 1, 1994, unless sentencing
under Section 33B-1 is applicable, a term of imprisonment
of not less than 15 years nor more than 50 years shall be
imposed on a defendant who violates Section 33A-2 of the
Criminal Code of 1961 with a firearm, when that person
has been convicted in any state or federal court of 3 or
more of the following offenses: treason, first degree
murder, second degree murder, aggravated criminal sexual
assault, criminal sexual assault, robbery, burglary,
arson, kidnaping, aggravated battery resulting in great
bodily harm or permanent disability or disfigurement, or
a violation of Section 401(a) of the Illinois Controlled
Substances Act, when the third offense was committed
after conviction on the second, the second offense was
committed after conviction on the first, and the
violation of Section 33A-2 of the Criminal Code of 1961
was committed after conviction on the third.
(11) Beginning July 1, 1994, a term of imprisonment
of not less than 10 years and not more than 30 years
shall be imposed on a defendant who violates Section
33A-2 with a Category I weapon where the offense was
committed in any school, or 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 comprising any school or public park, and where
the offense was related to the activities of an organized
gang. For the purposes of this paragraph (11),
"organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(d) In any case in which a sentence originally imposed
is vacated, the case shall be remanded to the trial court.
The trial court shall hold a hearing under Section 5-4-1 of
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and occupation during
the time since the original sentence was passed. The trial
court shall then impose sentence upon the defendant. The
trial court may impose any sentence which could have been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
(e) In cases where prosecution for criminal sexual
assault or aggravated criminal sexual abuse under Section
12-13 or 12-16 of the Criminal Code of 1961 results in
conviction of a defendant who was a family member of the
victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a
court approved counseling program for a minimum
duration of 2 years; or
(B) the defendant is willing to participate in
a court approved plan including but not limited to
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the
victim; and
(v) compliance with any other measures
that the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the
court finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18
years of age at the time the offense was committed and
requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members
or commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
(f) This Article shall not deprive a court in other
proceedings to order a forfeiture of property, to suspend or
cancel a license, to remove a person from office, or to
impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense
under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961, the defendant
shall undergo medical testing to determine whether the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may
be revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and
if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of
the test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results
of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when
possible. A State's Attorney may petition the court to obtain
the results of any HIV test administered under this Section,
and the court shall grant the disclosure if the State's
Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the
Criminal Code of 1961 against the defendant. The court shall
order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois
Department of Public Health including but not limited to
tuberculosis, the results of the test shall be personally
delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by
the judge. Acting in accordance with the best interests of
those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to
prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense
under Section 1 or 2 of the Hypodermic Syringes and Needles
Act, the defendant shall undergo medical testing to determine
whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the public,
the judge shall have the discretion to determine to whom, if
anyone, the results of the testing may be revealed. The court
shall notify the defendant of a positive test showing an
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information to the victim when possible. A State's
Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it
is relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order
that the cost of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.
(i) All fines and penalties imposed under this Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of
Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961, any violation of the
Illinois Controlled Substances Act, or any violation of the
Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of the
Illinois Controlled Substance Act of a defendant, the court
shall determine whether the defendant is employed by a
facility or center as defined under the Child Care Act of
1969, a public or private elementary or secondary school, or
otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation
to the defendant's employer by certified mail. If the
employer of the defendant is a school, the Clerk of the Court
shall direct the mailing of a copy of the judgment of
conviction or order of supervision or probation to the
appropriate regional superintendent of schools. The regional
superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is
convicted of a felony and who has not been previously
convicted of a misdemeanor or felony and who is sentenced to
a term of imprisonment in the Illinois Department of
Corrections shall as a condition of his or her sentence be
required by the court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward passing
the high school level Test of General Educational Development
(GED) or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of the GED test. The Prisoner Review
Board shall revoke the mandatory supervised release of a
defendant who wilfully fails to comply with this subsection
(j-5) upon his or her release from confinement in a penal
institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the
defendant whose mandatory supervised release term has been
revoked under this subsection (j-5) as provided in Section
3-3-9. This subsection (j-5) does not apply to a defendant
who has a high school diploma or has successfully passed the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
(k) A court may not impose a sentence or disposition for
a felony or misdemeanor that requires the defendant to be
implanted or injected with or to use any form of birth
control.
(l) (A) Except as provided in paragraph (C) of
subsection (l), whenever a defendant, who is an alien as
defined by the Immigration and Nationality Act, is
convicted of any felony or misdemeanor offense, the court
after sentencing the defendant may, upon motion of the
State's Attorney, hold sentence in abeyance and remand
the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be
deported when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
Otherwise, the defendant shall be sentenced as
provided in this Chapter V.
(B) If the defendant has already been sentenced for
a felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act,
the court may, upon motion of the State's Attorney to
suspend the sentence imposed, commit the defendant to the
custody of the Attorney General of the United States or
his or her designated agent when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
(C) This subsection (l) does not apply to offenders
who are subject to the provisions of paragraph (2) of
subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a
defendant sentenced under this Section returns to the
jurisdiction of the United States, the defendant shall be
recommitted to the custody of the county from which he or
she was sentenced. Thereafter, the defendant shall be
brought before the sentencing court, which may impose any
sentence that was available under Section 5-5-3 at the
time of initial sentencing. In addition, the defendant
shall not be eligible for additional good conduct credit
for meritorious service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of
property under Section 21-1.3 of the Criminal Code of 1961,
in which the property damage exceeds $300 and the property
damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or
painting over the defacement.
(Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99;
90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.)
(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.
(d) (i) if the person committed the offense
while armed with a firearm, 15 years shall be
added to the term of imprisonment imposed by
the court;
(ii) if, during the commission of the
offense, the person personally discharged a
firearm, 20 years shall be added to the term of
imprisonment imposed by the court;
(iii) if, during the commission of the
offense, the person personally discharged a
firearm that proximately caused great bodily
harm, permanent disability, permanent
disfigurement, or death to another person, 25
years or up to a term of natural life shall be
added to the term of imprisonment imposed by
the court.
(1.5) for second degree murder, a term shall be not
less than 4 years and not more than 20 years;
(2) for a person adjudged a habitual criminal under
Article 33B of the Criminal Code of 1961, as amended, the
sentence shall be a term of natural life imprisonment;
(2.5) for a person convicted under the
circumstances described in paragraph (3) of subsection
(b) of Section 12-13, paragraph (2) of subsection (d) of
Section 12-14, 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; 90-651, eff.
1-1-99.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and Consecutive Terms of
Imprisonment.
(a) When multiple sentences of imprisonment are imposed
on a defendant at the same time, or when a term of
imprisonment is imposed on a defendant who is already subject
to sentence in this State or in another state, or for a
sentence imposed by any district court of the United States,
the sentences shall run concurrently or consecutively as
determined by the court. When a term of imprisonment is
imposed on a defendant by an Illinois circuit court and the
defendant is subsequently sentenced to a term of imprisonment
by another state or by a district court of the United States,
the Illinois circuit court which imposed the sentence may
order that the Illinois sentence be made concurrent with the
sentence imposed by the other state or district court of the
United States. The defendant must apply to the circuit court
within 30 days after the defendant's sentence imposed by the
other state or district of the United States is finalized.
The court shall not impose consecutive sentences for offenses
which were committed as part of a single course of conduct
during which there was no substantial change in the nature of
the criminal objective, unless:
(i), one of the offenses for which defendant was
convicted was a Class X or Class 1 felony and the
defendant inflicted severe bodily injury, or
(ii) where the defendant was convicted of a
violation of Section 12-13, 12-14, or 12-14.1 of the
Criminal Code of 1961, or
(iii) the defendant was convicted of armed violence
based upon the predicate offense of solicitation of
murder, solicitation of murder for hire, heinous battery,
aggravated battery of a senior citizen, criminal sexual
assault, a violation of subsection (g) of Section 5 of
the Cannabis Control Act, cannabis trafficking, a
violation of subsection (a) of Section 401 of the
Illinois Controlled Substances Act, controlled substance
trafficking involving a Class X felony amount of
controlled substance under Section 401 of the Illinois
Controlled Substances Act, calculated criminal drug
conspiracy, or streetgang criminal drug conspiracy,
in which event the court shall enter sentences to run
consecutively. Sentences shall run concurrently unless
otherwise specified by the court.
(b) The court shall not impose a consecutive sentence
except as provided for in subsection (a) unless, having
regard to the nature and circumstances of the offense and the
history and character of the defendant, it is of the opinion
that such a term is required to protect the public from
further criminal conduct by the defendant, the basis for
which the court shall set forth in the record; except that no
such finding or opinion is required when multiple sentences
of imprisonment are imposed on a defendant for offenses that
were not committed as part of a single course of conduct
during which there was no substantial change in the nature of
the criminal objective, and one of the offenses for which the
defendant was convicted was a Class X or Class 1 felony and
the defendant inflicted severe bodily injury, or when the
defendant was convicted of a violation of Section 12-13,
12-14, or 12-14.1 of the Criminal Code of 1961, or where the
defendant was convicted of armed violence based upon the
predicate offense of solicitation of murder, solicitation of
murder for hire, heinous battery, aggravated battery of a
senior citizen, criminal sexual assault, a violation of
subsection (g) of Section 5 of the Cannabis Control Act,
cannabis trafficking, a violation of subsection (a) of
Section 401 of the Illinois Controlled Substances Act,
controlled substance trafficking involving a Class X felony
amount of controlled substance under Section 401 of the
Illinois Controlled Substances Act, calculated criminal drug
conspiracy, or streetgang criminal drug conspiracy, in which
event the Court shall enter sentences to run consecutively.
(c) (1) For sentences imposed under law in effect prior
to February 1, 1978 the aggregate maximum of consecutive
sentences shall not exceed the maximum term authorized
under Section 5-8-1 for the 2 most serious felonies
involved. The aggregate minimum period of consecutive
sentences shall not exceed the highest minimum term
authorized under Section 5-8-1 for the 2 most serious
felonies involved. When sentenced only for misdemeanors,
a defendant shall not be consecutively sentenced to more
than the maximum for one Class A misdemeanor.
(2) For sentences imposed under the law in effect
on or after February 1, 1978, the aggregate of
consecutive sentences for offenses that were committed as
part of a single course of conduct during which there was
no substantial change in the nature of the criminal
objective shall not exceed the sum of the maximum terms
authorized under Section 5-8-2 for the 2 most serious
felonies involved, but no such limitation shall apply for
offenses that were not committed as part of a single
course of conduct during which there was no substantial
change in the nature of the criminal objective. When
sentenced only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(d) An offender serving a sentence for a misdemeanor who
is convicted of a felony and sentenced to imprisonment shall
be transferred to the Department of Corrections, and the
misdemeanor sentence shall be merged in and run concurrently
with the felony sentence.
(e) In determining the manner in which consecutive
sentences of imprisonment, one or more of which is for a
felony, will be served, the Department of Corrections shall
treat the offender as though he had been committed for a
single term with the following incidents:
(1) the maximum period of a term of imprisonment
shall consist of the aggregate of the maximums of the
imposed indeterminate terms, if any, plus the aggregate
of the imposed determinate sentences for felonies plus
the aggregate of the imposed determinate sentences for
misdemeanors subject to paragraph (c) of this Section;
(2) the parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-8-1 of
this Code for the most serious of the offenses involved;
(3) the minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of
imprisonment imposed by the court, subject to paragraph
(c) of this Section; and
(4) the offender shall be awarded credit against
the aggregate maximum term and the aggregate minimum term
of imprisonment for all time served in an institution
since the commission of the offense or offenses and as a
consequence thereof at the rate specified in Section
3-6-3 of this Code.
(f) A sentence of an offender committed to the
Department of Corrections at the time of the commission of
the offense shall be served consecutive to the sentence under
which he is held by the Department of Corrections. However,
in case such offender shall be sentenced to punishment by
death, the sentence shall be executed at such time as the
court may fix without regard to the sentence under which such
offender may be held by the Department.
(g) A sentence under Section 3-6-4 for escape or
attempted escape shall be served consecutive to the terms
under which the offender is held by the Department of
Corrections.
(h) If a person charged with a felony commits a separate
felony while on pre-trial release or in pretrial detention in
a county jail facility or county detention facility, the
sentences imposed upon conviction of these felonies shall be
served consecutively regardless of the order in which the
judgments of conviction are entered.
(i) If a person admitted to bail following conviction of
a felony commits a separate felony while free on bond or if a
person detained in a county jail facility or county detention
facility following conviction of a felony commits a separate
felony while in detention, any sentence following conviction
of the separate felony shall be consecutive to that of the
original sentence for which the defendant was on bond or
detained.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-128, eff. 7-22-97.)
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