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Public Act 91-0953
HB1511 Enrolled LRB9104882RCdv
AN ACT in relation to criminal sentencing.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 111-3 as follows:
(725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
Sec. 111-3. Form of charge. (a) A charge shall be in
writing and allege the commission of an offense by:
(1) Stating the name of the offense;
(2) Citing the statutory provision alleged to have been
violated;
(3) Setting forth the nature and elements of the offense
charged;
(4) Stating the date and county of the offense as
definitely as can be done; and
(5) Stating the name of the accused, if known, and if
not known, designate the accused by any name or description
by which he can be identified with reasonable certainty.
(b) An indictment shall be signed by the foreman of the
Grand Jury and an information shall be signed by the State's
Attorney and sworn to by him or another. A complaint shall be
sworn to and signed by the complainant; Provided, however,
that when a citation is issued on a Uniform Traffic Ticket or
Uniform Conservation Ticket (in a form prescribed by the
Conference of Chief Circuit Judges and filed with the Supreme
Court), the copy of such Uniform Ticket which is filed with
the circuit court constitutes a complaint to which the
defendant may plead, unless he specifically requests that a
verified complaint be filed.
(c) When the State seeks an enhanced sentence because of
a prior conviction, the charge shall also state the intention
to seek an enhanced sentence and shall state such prior
conviction so as to give notice to the defendant. However,
the fact of such prior conviction and the State's intention
to seek an enhanced sentence are not elements of the offense
and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such
trial. For the purposes of this Section, "enhanced sentence"
means a sentence which is increased by a prior conviction
from one classification of offense to another higher level
classification of offense set forth in Section 5-5-1 of the
"Unified Code of Corrections", approved July 26, 1972, as
amended; it does not include an increase in the sentence
applied within the same level of classification of offense.
(c-5) Notwithstanding any other provision of law, in all
cases in which the imposition of the death penalty is not a
possibility, if an alleged fact (other than the fact of a
prior conviction) is not an element of an offense but is
sought to be used to increase the range of penalties for the
offense beyond the statutory maximum that could otherwise be
imposed for the offense, the alleged fact must be included in
the charging instrument or otherwise provided to the
defendant through a written notification before trial,
submitted to a trier of fact as an aggravating factor, and
proved beyond a reasonable doubt. Failure to prove the fact
beyond a reasonable doubt is not a bar to a conviction for
commission of the offense, but is a bar to increasing, based
on that fact, the range of penalties for the offense beyond
the statutory maximum that could otherwise be imposed for
that offense. Nothing in this subsection (c-5) requires the
imposition of a sentence that increases the range of
penalties for the offense beyond the statutory maximum that
could otherwise be imposed for the offense if the imposition
of that sentence is not required by law.
(d) At any time prior to trial, the State on motion
shall be permitted to amend the charge, whether brought by
indictment, information or complaint, to make the charge
comply with subsection (c) or (c-5) of this Section. Nothing
in Section 103-5 of this Code precludes such an amendment or
a written notification made in accordance with subsection
(c-5) of this Section.
(e) The provisions of Article 33B of the Criminal Code
of 1961, as amended, shall not be affected by this Section.
(Source: P.A. 86-964.)
Section 10. The Unified Code of Corrections is amended
by changing Sections 5-5-3, 5-5-4, 5-8-1, and 5-8-2 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 the
offender committed the offense for which he or she
is being sentenced, except as otherwise provided in
Section 40-10 of the Alcoholism and Other Drug Abuse
and Dependency Act.
(G) Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and
Other Drug Abuse and Dependency Act.
(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) 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.
(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. If a sentence is vacated on
appeal or on collateral attack due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction)
necessary to increase the punishment for the offense beyond
the statutory maximum otherwise applicable, either the
defendant may be re-sentenced to a term within the range
otherwise provided or, if the State files notice of its
intention to again seek the extended sentence, the defendant
shall be afforded a new trial.
(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. 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;
91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
12-22-99; 91-695, eff. 4-13-00.)
(730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4)
Sec. 5-5-4. Resentences.
Where a conviction or sentence has been set aside on
direct review or on collateral attack, the court shall not
impose a new sentence for the same offense or for a different
offense based on the same conduct which is more severe than
the prior sentence less the portion of the prior sentence
previously satisfied unless the more severe sentence is based
upon conduct on the part of the defendant occurring after the
original sentencing. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of
a fact (other than a prior conviction) necessary to increase
the punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be
re-sentenced to a term within the range otherwise provided
or, if the State files notice of its intention to again seek
the extended sentence, the defendant shall be afforded a new
trial.
(Source: P.A. 77-2097.)
(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 a trier of fact the court finds beyond
a reasonable doubt that the murder was accompanied
by exceptionally brutal or heinous behavior
indicative of wanton cruelty or, except as set forth
in subsection (a)(1)(c) of this Section, that any of
the aggravating factors listed in subsection (b) of
Section 9-1 of the Criminal Code of 1961 are
present, the court may sentence the defendant to a
term of natural life imprisonment, or
(c) the court shall sentence the defendant to
a term of natural life imprisonment when the death
penalty is not imposed if the defendant,
(i) has previously been convicted of
first degree murder under any state or federal
law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age
of 17 or more and is found guilty of murdering
an individual under 12 years of age; or,
irrespective of the defendant's age at the time
of the commission of the offense, is found
guilty of murdering more than one victim, or
(iii) is found guilty of murdering a
peace officer 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, paragraph (1.2) of subsection (b) of
Section 12-14.1, or paragraph (2) of subsection (b) of
Section 12-14.1 of the Criminal Code of 1961, the
sentence shall be a term of natural life imprisonment;
(3) except as otherwise provided in the statute
defining the offense, for a Class X felony, the sentence
shall be not less than 6 years and not more than 30
years;
(4) for a Class 1 felony, other than second degree
murder, the sentence shall be not less than 4 years and
not more than 15 years;
(5) for a Class 2 felony, the sentence shall be not
less than 3 years and not more than 7 years;
(6) for a Class 3 felony, the sentence shall be not
less than 2 years and not more than 5 years;
(7) for a Class 4 felony, the sentence shall be not
less than 1 year and not more than 3 years.
(b) The sentencing judge in each felony conviction shall
set forth his reasons for imposing the particular sentence he
enters in the case, as provided in Section 5-4-1 of this
Code. Those reasons may include any mitigating or
aggravating factors specified in this Code, or the lack of
any such circumstances, as well as any other such factors as
the judge shall set forth on the record that are consistent
with the purposes and principles of sentencing set out in
this Code.
(c) A motion to reduce a sentence may be made, or the
court may reduce a sentence without motion, within 30 days
after the sentence is imposed. A defendant's challenge to
the correctness of a sentence or to any aspect of the
sentencing hearing shall be made by a written motion filed
within 30 days following the imposition of sentence.
However, the court may not increase a sentence once it is
imposed.
If a motion filed pursuant to this subsection is timely
filed within 30 days after the sentence is imposed, the
proponent of the motion shall exercise due diligence in
seeking a determination on the motion and the court shall
thereafter decide such motion within a reasonable time.
If a motion filed pursuant to this subsection is timely
filed within 30 days after the sentence is imposed, then for
purposes of perfecting an appeal, a final judgment shall not
be considered to have been entered until the motion to reduce
a sentence has been decided by order entered by the trial
court.
A motion filed pursuant to this subsection shall not be
considered to have been timely filed unless it is filed with
the circuit court clerk within 30 days after the sentence is
imposed together with a notice of motion, which notice of
motion shall set the motion on the court's calendar on a date
certain within a reasonable time after the date of filing.
(d) Except where a term of natural life is imposed,
every sentence shall include as though written therein a term
in addition to the term of imprisonment. For those sentenced
under the law in effect prior to February 1, 1978, such term
shall be identified as a parole term. For those sentenced on
or after February 1, 1978, such term shall be identified as a
mandatory supervised release term. Subject to earlier
termination under Section 3-3-8, the parole or mandatory
supervised release term shall be as follows:
(1) for first degree murder or a Class X felony, 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;
(4) if the victim is under 18 years of age, for a
second or subsequent offense of criminal sexual assault
or aggravated criminal sexual assault, 5 years, at least
the first 2 years of which the defendant shall serve in
an electronic home detention program under Article 8A of
Chapter V of this Code;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal
sexual abuse or felony criminal sexual abuse, 4 years, at
least the first 2 years of which the defendant shall
serve in an electronic home detention program under
Article 8A of Chapter V of this Code.
(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. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99;
91-279, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.)
(730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
Sec. 5-8-2. Extended Term. (a) A judge shall not
sentence an offender to a term of imprisonment in excess of
the maximum sentence authorized by Section 5-8-1 for the
class of the most serious offense of which the offender was
convicted unless the factors in aggravation set forth in
paragraph (b) of Section 5-5-3.2 were found to be present.
Where a trier of fact the judge finds beyond a reasonable
doubt that such factors were present, the judge he may
sentence an offender to the following:
(1) for first degree murder, a term shall be not less
than 60 years and not more than 100 years;
(2) for a Class X felony, a term shall be not less than
30 years and not more than 60 years;
(3) for a Class 1 felony, a term shall be not less than
15 years and not more than 30 years;
(4) for a Class 2 felony, a term shall be not less than
7 years and not more than 14 years;
(5) for a Class 3 felony, a term shall not be less than
5 years and not more than 10 years;
(6) for a Class 4 felony, a term shall be not less than
3 years and not more than 6 years.
(b) If the conviction was by plea, it shall appear on
the record that the plea was entered with the defendant's
knowledge that a sentence under this Section was a
possibility. If it does not so appear on the record, the
defendant shall not be subject to such a sentence unless he
is first given an opportunity to withdraw his plea without
prejudice.
(Source: P.A. 85-902.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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