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91_SB1112eng
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1 AN ACT in relation to criminal penalties, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 8-1.1, 8-1.2, 9-1.2, 10-2, 12-4.1, 12-4.3,
7 12-4.6, 12-11, 12-13, 12-14, 12-14.1, 18-2, 18-4, and 33A-2
8 and adding Sections 2-3.5, 2-7.5, and 2-15.5 as follows:
9 (720 ILCS 5/2-3.5 new)
10 Sec. 2-3.5. "Armed with a firearm". Except as otherwise
11 provided in a specific Section, a person is considered "armed
12 with a firearm" when he or she carries on or about his or her
13 person or is otherwise armed with a firearm.
14 (720 ILCS 5/2-7.5 new)
15 Sec. 2-7.5. "Firearm". Except as otherwise provided in
16 a specific Section, "firearm" shall have the meaning ascribed
17 to it in Section 1.1 of the Firearm Owners Identification
18 Card Act.
19 (720 ILCS 5/2-15.5 new)
20 Sec. 2-15.5. "Personally discharged a firearm". A
21 person is considered to have "personally discharged a
22 firearm" when he or she, while armed with a firearm,
23 knowingly and intentionally fires a firearm causing the
24 ammunition projectile to be forcefully expelled from the
25 firearm.
26 (720 ILCS 5/8-1.1) (from Ch. 38, par. 8-1.1)
27 Sec. 8-1.1. Solicitation of Murder.
28 (a) A person commits solicitation of murder when, with
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1 the intent that the offense of first degree murder be
2 committed, he commands, encourages or requests another to
3 commit that offense.
4 (b) Penalty. Solicitation of murder is a Class X felony
5 and a person convicted of solicitation of murder shall be
6 sentenced to a term of imprisonment for a period of not less
7 than 15 years and not more than 30 years, except that:
8 (1) in cases where the person solicited was a
9 person under the age of 17 years, the person convicted of
10 solicitation of murder shall be sentenced to a term of
11 imprisonment for a period of not less than 20 years and
12 not more than 60 years;.
13 (2) if the person committed the offense while armed
14 with a firearm, 15 years of imprisonment shall be added
15 to the term of imprisonment imposed by the court;
16 (3) if, during the commission of the offense, the
17 person personally discharged a firearm, 20 years of
18 imprisonment shall be added to the term of imprisonment
19 imposed by the court;
20 (4) if, during the commission of the offense, the
21 person personally discharged a firearm that proximately
22 caused great bodily harm, permanent disability, permanent
23 disfigurement, or death to any person, 25 years to life
24 of imprisonment shall be added to the term of
25 imprisonment imposed by the court.
26 (Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.)
27 (720 ILCS 5/8-1.2) (from Ch. 38, par. 8-1.2)
28 Sec. 8-1.2. Solicitation of Murder for Hire. (a) A
29 person commits solicitation of murder for hire when, with the
30 intent that the offense of first degree murder be committed,
31 he procures another to commit that offense pursuant to any
32 contract, agreement, understanding, command or request for
33 money or anything of value.
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1 (b) Penalty. Solicitation of murder for hire is a Class
2 X felony and a person convicted of solicitation of murder for
3 hire shall be sentenced to a term of imprisonment of not less
4 than 20 years and not more than 40 years, except that:.
5 (1) if the person committed the offense while armed
6 with a firearm, 15 years of imprisonment shall be added
7 to the term of imprisonment imposed by the court;
8 (2) if, during the commission of the offense, the
9 person personally discharged a firearm, 20 years of
10 imprisonment shall be added to the term of imprisonment
11 imposed by the court;
12 (3) if, during the commission of the offense, the
13 person personally discharged a firearm that proximately
14 caused great bodily harm, permanent disability, permanent
15 disfigurement, or death to any person, 25 years to life
16 of imprisonment shall be added to the term of
17 imprisonment imposed by the court.
18 (Source: P.A. 85-1003; 85-1030; 85-1440.)
19 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
20 Sec. 9-1.2. Intentional Homicide of an Unborn Child. (a)
21 A person commits the offense of intentional homicide of an
22 unborn child if, in performing acts which cause the death of
23 an unborn child, he without lawful justification:
24 (1) either intended to cause the death of or do great
25 bodily harm to the pregnant woman or her unborn child or knew
26 that such acts would cause death or great bodily harm to the
27 pregnant woman or her unborn child; or
28 (2) he knew that his acts created a strong probability
29 of death or great bodily harm to the pregnant woman or her
30 unborn child; and
31 (3) he knew that the woman was pregnant.
32 (b) For purposes of this Section, (1) "unborn child"
33 shall mean any individual of the human species from
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1 fertilization until birth, and (2) "person" shall not include
2 the pregnant woman whose unborn child is killed.
3 (c) This Section shall not apply to acts which cause the
4 death of an unborn child if those acts were committed during
5 any abortion, as defined in Section 2 of the Illinois
6 Abortion Law of 1975, as amended, to which the pregnant woman
7 has consented. This Section shall not apply to acts which
8 were committed pursuant to usual and customary standards of
9 medical practice during diagnostic testing or therapeutic
10 treatment.
11 (d) Penalty. The sentence for intentional homicide of
12 an unborn child shall be the same as for first degree murder,
13 except that:
14 (1) the death penalty may not be imposed;.
15 (2) if the person committed the offense while armed
16 with a firearm, 15 years of imprisonment shall be added
17 to the term of imprisonment imposed by the court;
18 (3) if, during the commission of the offense, the
19 person personally discharged a firearm, 20 years of
20 imprisonment shall be added to the term of imprisonment
21 imposed by the court;
22 (4) if, during the commission of the offense, the
23 person personally discharged a firearm that proximately
24 caused great bodily harm, permanent disability, permanent
25 disfigurement, or death to any person, 25 years to life
26 of imprisonment shall be added to the term of
27 imprisonment imposed by the court.
28 (e) The provisions of this Act shall not be construed to
29 prohibit the prosecution of any person under any other
30 provision of law.
31 (Source: P.A. 85-293.)
32 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
33 Sec. 10-2. Aggravated kidnaping.
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1 (a) A kidnaper within the definition of paragraph (a) of
2 Section 10-1 is guilty of the offense of aggravated
3 kidnaping when he:
4 (1) Kidnaps for the purpose of obtaining ransom
5 from the person kidnaped or from any other person, or
6 (2) Takes as his victim a child under the age of 13
7 years, or an institutionalized severely or profoundly
8 mentally retarded person, or
9 (3) Inflicts great bodily harm or commits another
10 felony upon his victim, or
11 (4) Wears a hood, robe or mask or conceals his
12 identity, or
13 (5) Commits the offense of kidnaping while armed
14 with a dangerous weapon, as defined in Section 33A-1 of
15 the "Criminal Code of 1961".
16 As used in this Section, "ransom" includes money, benefit
17 or other valuable thing or concession.
18 (b) Sentence. Aggravated kidnaping is a Class X felony,
19 except that:.
20 (1) if the person committed the offense while armed
21 with a firearm, 15 years of imprisonment shall be added
22 to the term of imprisonment imposed by the court;
23 (2) if, during the commission of the offense, the
24 person personally discharged a firearm, 20 years of
25 imprisonment shall be added to the term of imprisonment
26 imposed by the court;
27 (3) if, during the commission of the offense, the
28 person personally discharged a firearm that proximately
29 caused great bodily harm, permanent disability, permanent
30 disfigurement, or death to any person, 25 years to life
31 of imprisonment shall be added to the term of
32 imprisonment imposed by the court.
33 A person who is convicted of a second or subsequent
34 offense of aggravated kidnaping shall be sentenced to a term
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1 of natural life imprisonment; provided, however, that a
2 sentence of natural life imprisonment shall not be imposed
3 under this Section unless the second or subsequent offense
4 was committed after conviction on the first offense.
5 (Source: P.A. 89-707, eff. 6-1-97.)
6 (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
7 Sec. 12-4.1. Heinous Battery.
8 (a) A person who, in committing a battery, knowingly
9 causes severe and permanent disability or disfigurement by
10 means of a caustic or flammable substance commits heinous
11 battery.
12 (b) Sentence. Heinous battery is a Class X felony,
13 except that:.
14 (1) if the person committed the offense while armed
15 with a firearm, 15 years of imprisonment shall be added
16 to the term of imprisonment imposed by the court;
17 (2) if, during the commission of the offense, the
18 person personally discharged a firearm, 20 years of
19 imprisonment shall be added to the term of imprisonment
20 imposed by the court;
21 (3) if, during the commission of the offense, the
22 person personally discharged a firearm that proximately
23 caused great bodily harm, permanent disability, permanent
24 disfigurement, or death to any person, 25 years to life
25 of imprisonment shall be added to the term of
26 imprisonment imposed by the court.
27 (Source: P.A. 88-285.)
28 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
29 Sec. 12-4.3. Aggravated battery of a child.
30 (a) Any person of the age 18 years and upwards who
31 intentionally or knowingly, and without legal justification
32 and by any means, causes great bodily harm or permanent
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1 disability or disfigurement to any child under the age of 13
2 years or to any institutionalized severely or profoundly
3 mentally retarded person, commits the offense of aggravated
4 battery of a child.
5 (b) Aggravated battery of a child is a Class X felony,
6 except that:.
7 (1) if the person committed the offense while armed
8 with a firearm, 15 years of imprisonment shall be added
9 to the term of imprisonment imposed by the court;
10 (2) if, during the commission of the offense, the
11 person personally discharged a firearm, 20 years of
12 imprisonment shall be added to the term of imprisonment
13 imposed by the court;
14 (3) if, during the commission of the offense, the
15 person personally discharged a firearm that proximately
16 caused great bodily harm, permanent disability, permanent
17 disfigurement, or death to any person, 25 years to life
18 of imprisonment shall be added to the term of
19 imprisonment imposed by the court.
20 (Source: P.A. 89-313, eff. 1-1-96.)
21 (720 ILCS 5/12-4.6) (from Ch. 38, par. 12-4.6)
22 Sec. 12-4.6. Aggravated Battery of a Senior Citizen.
23 (a) A person who, in committing battery, intentionally or
24 knowingly causes great bodily harm or permanent disability or
25 disfigurement to an individual of 60 years of age or older
26 commits aggravated battery of a senior citizen.
27 (b) Sentence. Aggravated battery of a senior citizen is
28 a Class 2 felony, except that:.
29 (1) if the person committed the offense while armed
30 with a firearm, 15 years of imprisonment shall be added
31 to the term of imprisonment imposed by the court;
32 (2) if, during the commission of the offense, the
33 person personally discharged a firearm, 20 years of
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1 imprisonment shall be added to the term of imprisonment
2 imposed by the court;
3 (3) if, during the commission of the offense, the
4 person personally discharged a firearm that proximately
5 caused great bodily harm, permanent disability, permanent
6 disfigurement, or death to any person, 25 years to life
7 of imprisonment shall be added to the term of
8 imprisonment imposed by the court.
9 (Source: P.A. 85-1177.)
10 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
11 Sec. 12-11. Home Invasion.
12 (a) A person who is not a peace officer acting in the
13 line of duty commits home invasion when without authority he
14 or she knowingly enters the dwelling place of another when he
15 or she knows or has reason to know that one or more persons
16 is present or he or she knowingly enters the dwelling place
17 of another and remains in such dwelling place until he or she
18 knows or has reason to know that one or more persons is
19 present and
20 (1) While armed with a dangerous weapon uses force
21 or threatens the imminent use of force upon any person or
22 persons within such dwelling place whether or not injury
23 occurs, or
24 (2) Intentionally causes any injury to any person
25 or persons within such dwelling place.
26 (b) It is an affirmative defense to a charge of home
27 invasion that the accused who knowingly enters the dwelling
28 place of another and remains in such dwelling place until he
29 or she knows or has reason to know that one or more persons
30 is present either immediately leaves such premises or
31 surrenders to the person or persons lawfully present therein
32 without either attempting to cause or causing serious bodily
33 injury to any person present therein.
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1 (c) Sentence. Home invasion is a Class X felony, except
2 that:.
3 (1) if the person committed the offense while armed
4 with a firearm, 15 years of imprisonment shall be added
5 to the term of imprisonment imposed by the court;
6 (2) if, during the commission of the offense, the
7 person personally discharged a firearm, 20 years of
8 imprisonment shall be added to the term of imprisonment
9 imposed by the court;
10 (3) if, during the commission of the offense, the
11 person personally discharged a firearm that proximately
12 caused great bodily harm, permanent disability, permanent
13 disfigurement, or death to any person, 25 years to life
14 of imprisonment shall be added to the term of
15 imprisonment imposed by the court.
16 (d) For purposes of this Section, "dwelling place of
17 another" includes a dwelling place where the defendant
18 maintains a tenancy interest but from which the defendant has
19 been barred by a divorce decree, judgment of dissolution of
20 marriage, order of protection, or other court order.
21 (Source: P.A. 90-787, eff. 8-14-98.)
22 (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
23 Sec. 12-13. Criminal Sexual Assault.
24 (a) The accused commits criminal sexual assault if he or
25 she:
26 (1) commits an act of sexual penetration by the use
27 of force or threat of force; or
28 (2) commits an act of sexual penetration and the
29 accused knew that the victim was unable to understand the
30 nature of the act or was unable to give knowing consent;
31 or
32 (3) commits an act of sexual penetration with a
33 victim who was under 18 years of age when the act was
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1 committed and the accused was a family member; or
2 (4) commits an act of sexual penetration with a
3 victim who was at least 13 years of age but under 18
4 years of age when the act was committed and the accused
5 was 17 years of age or over and held a position of trust,
6 authority or supervision in relation to the victim.
7 (b) Sentence.
8 (1) Criminal sexual assault is a Class 1 felony.
9 (2) A person who is convicted of the offense of
10 criminal sexual assault as defined in paragraph (a)(1) or
11 (a)(2) after having previously been convicted of the
12 offense of criminal sexual assault, or who is convicted
13 of the offense of criminal sexual assault as defined in
14 paragraph (a)(1) or (a)(2) after having previously been
15 convicted under the laws of this State or any other state
16 of an offense that is substantially equivalent to the
17 offense of criminal sexual assault, commits a Class X
18 felony for which the person shall be sentenced to a term
19 of imprisonment of not less than 30 years and not more
20 than 60 years. The commission of the second or
21 subsequent offense is required to have been after the
22 initial conviction for this paragraph (2) to apply.
23 (3) A person who is convicted of the offense of
24 criminal sexual assault as defined in paragraph (a)(1) or
25 (a)(2) after having previously been convicted of the
26 offense of aggravated criminal sexual assault or the
27 offense of predatory criminal sexual assault of a child,
28 or who is convicted of the offense of criminal sexual
29 assault as defined in paragraph (a)(1) or (a)(2) after
30 having previously been convicted under the laws of this
31 State or any other state of an offense that is
32 substantially equivalent to the offense of aggravated
33 criminal sexual assault or the offense of criminal
34 predatory sexual assault shall be sentenced to a term of
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1 natural life imprisonment. The commission of the second
2 or subsequent offense is required to have been after the
3 initial conviction for this paragraph (3) to apply.
4 (4) A second or subsequent conviction for a
5 violation of paragraph (a)(3) or (a)(4) or under any
6 similar statute of this State or any other state for any
7 offense involving criminal sexual assault that is
8 substantially equivalent to or more serious than the
9 sexual assault prohibited under paragraph (a)(3) or
10 (a)(4) is a Class X felony.
11 (5) When a person has any such prior conviction,
12 the information or indictment charging that person shall
13 state such prior conviction so as to give notice of the
14 State's intention to treat the charge as a Class X
15 felony. The fact of such prior conviction is not an
16 element of the offense and may not be disclosed to the
17 jury during trial unless otherwise permitted by issues
18 properly raised during such trial.
19 (6) (i) If the person committed the offense while
20 armed with a firearm, 15 years of imprisonment shall
21 be added to the term of imprisonment imposed by the
22 court.
23 (ii) If, during the commission of the offense,
24 the person personally discharged a firearm, 20 years
25 of imprisonment shall be added to the term of
26 imprisonment imposed by the court.
27 (iii) If, during the commission of the
28 offense, the person personally discharged a firearm
29 that proximately caused great bodily harm, permanent
30 disability, permanent disfigurement, or death to any
31 person, 25 years to life of imprisonment shall be
32 added to the term of imprisonment imposed by the
33 court.
34 (Source: P.A. 90-396, eff. 1-1-98.)
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1 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
2 Sec. 12-14. Aggravated Criminal Sexual Assault.
3 (a) The accused commits aggravated criminal sexual
4 assault if he or she commits criminal sexual assault and any
5 of the following aggravating circumstances existed during, or
6 for the purposes of paragraph (7) of this subsection (a) as
7 part of the same course of conduct as, the commission of the
8 offense:
9 (1) the accused displayed, threatened to use, or
10 used a dangerous weapon or any object fashioned or
11 utilized in such a manner as to lead the victim under the
12 circumstances reasonably to believe it to be a dangerous
13 weapon; or
14 (2) the accused caused bodily harm to the victim;
15 or
16 (3) the accused acted in such a manner as to
17 threaten or endanger the life of the victim or any other
18 person; or
19 (4) the criminal sexual assault was perpetrated
20 during the course of the commission or attempted
21 commission of any other felony by the accused; or
22 (5) the victim was 60 years of age or over when the
23 offense was committed; or
24 (6) the victim was a physically handicapped person;
25 or
26 (7) the accused delivered (by injection,
27 inhalation, ingestion, transfer of possession, or any
28 other means) to the victim without his or her consent, or
29 by threat or deception, and for other than medical
30 purposes, any controlled substance.
31 (b) The accused commits aggravated criminal sexual
32 assault if the accused was under 17 years of age and (i)
33 commits an act of sexual penetration with a victim who was
34 under 9 years of age when the act was committed; or (ii)
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1 commits an act of sexual penetration with a victim who was at
2 least 9 years of age but under 13 years of age when the act
3 was committed and the accused used force or threat of force
4 to commit the act.
5 (c) The accused commits aggravated criminal sexual
6 assault if he or she commits an act of sexual penetration
7 with a victim who was an institutionalized severely or
8 profoundly mentally retarded person at the time the act was
9 committed.
10 (d) Sentence.
11 (1) Aggravated criminal sexual assault is a Class X
12 felony.
13 (2) A person who is convicted of a second or
14 subsequent offense of aggravated criminal sexual assault,
15 or who is convicted of the offense of aggravated criminal
16 sexual assault after having previously been convicted of
17 the offense of criminal sexual assault or the offense of
18 predatory criminal sexual assault of a child, or who is
19 convicted of the offense of aggravated criminal sexual
20 assault after having previously been convicted under the
21 laws of this or any other state of an offense that is
22 substantially equivalent to the offense of criminal
23 sexual assault, the offense of aggravated criminal sexual
24 assault or the offense of predatory criminal sexual
25 assault of a child, shall be sentenced to a term of
26 natural life imprisonment. The commission of the second
27 or subsequent offense is required to have been after the
28 initial conviction for this paragraph (2) to apply.
29 (3) (i) If the person committed the offense while
30 armed with a firearm, 15 years of imprisonment shall
31 be added to the term of imprisonment imposed by the
32 court.
33 (ii) If, during the commission of the offense,
34 the person personally discharged a firearm, 20 years
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1 of imprisonment shall be added to the term of
2 imprisonment imposed by the court.
3 (iii) If, during the commission of the
4 offense, the person personally discharged a firearm
5 that proximately caused great bodily harm, permanent
6 disability, permanent disfigurement, or death to any
7 person, 25 years to life of imprisonment shall be
8 added to the term of imprisonment imposed by the
9 court.
10 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
11 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
12 (720 ILCS 5/12-14.1)
13 Sec. 12-14.1. Predatory criminal sexual assault of a
14 child.
15 (a) The accused commits predatory criminal sexual
16 assault of a child if:
17 (1) the accused was 17 years of age or over and
18 commits an act of sexual penetration with a victim who
19 was under 13 years of age when the act was committed; or
20 (2) the accused was 17 years of age or over and
21 commits an act of sexual penetration with a victim who
22 was under 13 years of age when the act was committed and
23 the accused caused great bodily harm to the victim that:
24 (A) resulted in permanent disability; or
25 (B) was life threatening; or
26 (3) the accused was 17 years of age or over and
27 commits an act of sexual penetration with a victim who
28 was under 13 years of age when the act was committed and
29 the accused delivered (by injection, inhalation,
30 ingestion, transfer of possession, or any other means) to
31 the victim without his or her consent, or by threat or
32 deception, and for other than medical purposes, any
33 controlled substance.
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1 (b) Sentence.
2 (1) A person convicted of a violation of subsection
3 (a)(1) commits a Class X felony. A person convicted of a
4 violation of subsection (a)(2) or (a) (3) commits a Class
5 X felony for which the person shall be sentenced to a
6 term of imprisonment of not less than 50 years and not
7 more than 60 years.
8 (2) A person who is convicted of a second or
9 subsequent offense of predatory criminal sexual assault
10 of a child, or who is convicted of the offense of
11 predatory criminal sexual assault of a child after having
12 previously been convicted of the offense of criminal
13 sexual assault or the offense of aggravated criminal
14 sexual assault, or who is convicted of the offense of
15 predatory criminal sexual assault of a child after having
16 previously been convicted under the laws of this State or
17 any other state of an offense that is substantially
18 equivalent to the offense of predatory criminal sexual
19 assault of a child, the offense of aggravated criminal
20 sexual assault or the offense of criminal sexual assault,
21 shall be sentenced to a term of natural life
22 imprisonment. The commission of the second or subsequent
23 offense is required to have been after the initial
24 conviction for this paragraph (2) to apply.
25 (3) (i) If the person committed the offense while
26 armed with a firearm, 15 years of imprisonment shall
27 be added to the term of imprisonment imposed by the
28 court.
29 (ii) If, during the commission of the offense,
30 the person personally discharged a firearm, 20 years
31 of imprisonment shall be added to the term of
32 imprisonment imposed by the court.
33 (iii) If, during the commission of the
34 offense, the person personally discharged a firearm
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1 that proximately caused great bodily harm, permanent
2 disability, permanent disfigurement, or death to any
3 person, 25 years to life of imprisonment shall be
4 added to the term of imprisonment imposed by the
5 court.
6 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
7 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
8 (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
9 Sec. 18-2. Armed robbery. (a) A person commits armed
10 robbery when he or she violates Section 18-1 while he or she
11 carries on or about his or her person, or is otherwise armed
12 with a dangerous weapon.
13 (b) Sentence.
14 Armed robbery is a Class X felony, except that:.
15 (1) if the person committed the offense while armed
16 with a firearm, 15 years of imprisonment shall be added
17 to the term of imprisonment imposed by the court;
18 (2) if, during the commission of the offense, the
19 person personally discharged a firearm, 20 years of
20 imprisonment shall be added to the term of imprisonment
21 imposed by the court;
22 (3) if, during the commission of the offense, the
23 person personally discharged a firearm that proximately
24 caused great bodily harm, permanent disability, permanent
25 disfigurement, or death to any person, 25 years to life
26 of imprisonment shall be added to the term of
27 imprisonment imposed by the court.
28 (Source: P.A. 80-1099.)
29 (720 ILCS 5/18-4)
30 Sec. 18-4. Aggravated vehicular hijacking.
31 (a) A person commits aggravated vehicular hijacking when
32 he or she violates Section 18-3; and
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1 (1) the person from whose immediate presence the
2 motor vehicle is taken is a physically handicapped person
3 or a person 60 years of age or over; or
4 (2) a person under 16 years of age is a passenger
5 in the motor vehicle at the time of the offense; or
6 (3) he or she carries on or about his or her
7 person, or is otherwise armed with a dangerous weapon.
8 (b) Sentence.
9 (1) Aggravated vehicular hijacking in violation of
10 subsections (a)(1) or (a)(2) is a Class X felony.
11 Aggravated vehicular hijacking in violation of subsection
12 (a)(3) is a Class X felony for which a term of
13 imprisonment of not less than 7 years shall be imposed.
14 (2) (i) If the person committed the offense while
15 armed with a firearm, 15 years of imprisonment shall
16 be added to the term of imprisonment imposed by the
17 court.
18 (ii) If, during the commission of the offense,
19 the person personally discharged a firearm, 20 years
20 of imprisonment shall be added to the term of
21 imprisonment imposed by the court.
22 (iii) If, during the commission of the
23 offense, the person personally discharged a firearm
24 that proximately caused great bodily harm, permanent
25 disability, permanent disfigurement, or death to any
26 person, 25 years to life of imprisonment shall be
27 added to the term of imprisonment imposed by the
28 court.
29 (Source: P.A. 88-351.)
30 (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
31 Sec. 33A-2. Armed violence-Elements of the offense. A
32 person commits armed violence when, while armed with a
33 dangerous weapon, he commits any felony defined by Illinois
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1 Law, except first degree murder, solicitation of murder,
2 solicitation of murder for hire, intentional homicide of an
3 unborn child, predatory criminal sexual assault of a child,
4 aggravated criminal sexual assault, criminal sexual assault,
5 aggravated kidnapping, heinous battery, aggravated battery of
6 a senior citizen, aggravated battery of a child, armed
7 robbery, aggravated vehicular hijacking, home invasion, a
8 violation of the Cannabis Control Act to which Section 7.5 of
9 that Act applies, or a violation of the Illinois Controlled
10 Substances Act to which Section 408.1 of that Act applies.
11 (Source: P.A. 80-1099.)
12 Section 10. The Cannabis Control Act is amended by
13 adding Section 7.5 as follows:
14 (720 ILCS 550/7.5 new)
15 Sec. 7.5. (a) Any person who violates subsection (g) of
16 Section 5 or Section 5.1 while armed with a firearm shall
17 have 15 years of imprisonment added to the sentence imposed
18 by the court.
19 (b) Any person who violates subsection (g) of Section 5
20 or Section 5.1 shall have 20 years of imprisonment added to
21 the sentence imposed by the court if, during the commission
22 of the offense, the person personally discharged a firearm.
23 (c) Any person who violates subsection (g) of Section 5
24 or Section 5.1 shall have 25 years to life of imprisonment
25 added to the sentence imposed by the court if, during the
26 commission of the offense, the person personally discharged a
27 firearm that proximately caused great bodily harm, permanent
28 disability, permanent disfigurement, or death to any person.
29 Section 15. The Illinois Controlled Substances Act is
30 amended by adding Section 408.1 as follows:
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1 (720 ILCS 570/408.1 new)
2 Sec. 408.1. (a) Any person who violates subparagraph (a)
3 of Section 401, Section 401.1 involving a Class X felony
4 amount of controlled substance under Section 401, Section
5 405, or Section 405.2 while armed with a firearm shall have
6 15 years of imprisonment added to the sentence imposed by the
7 court.
8 (b) Any person who violates subsection (a) of Section
9 401, Section 401.1 involving a Class X felony amount of
10 controlled substance under Section 401, Section 405, or
11 Section 405.2 shall have 20 years of imprisonment added to
12 the sentence imposed by the court if, during the commission
13 of the offense, the person personally discharged a firearm.
14 (c) Any person who violates subsection (a) of Section
15 401, Section 401.1 involving a Class X felony amount of
16 controlled substance under Section 401, Section 405, or
17 Section 405.2 shall have 25 years to life imprisonment added
18 to the sentence imposed by the court if, during the
19 commission of the offense, the person personally discharged a
20 firearm that proximately caused great bodily harm, permanent
21 disability, permanent disfigurement, or death to any person.
22 Section 20. The Unified Code of Corrections is amended
23 by changing Section 5-8-1 as follows:
24 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
25 Sec. 5-8-1. Sentence of Imprisonment for Felony.
26 (a) Except as otherwise provided in the statute defining
27 the offense, a sentence of imprisonment for a felony shall be
28 a determinate sentence set by the court under this Section,
29 according to the following limitations:
30 (1) for first degree murder,
31 (a) a term shall be not less than 20 years and
32 not more than 60 years, or
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1 (b) if the court finds that the murder was
2 accompanied by exceptionally brutal or heinous
3 behavior indicative of wanton cruelty or, except as
4 set forth in subsection (a)(1)(c) of this Section,
5 that any of the aggravating factors listed in
6 subsection (b) of Section 9-1 of the Criminal Code
7 of 1961 are present, the court may sentence the
8 defendant to a term of natural life imprisonment, or
9 (c) the court shall sentence the defendant to
10 a term of natural life imprisonment when the death
11 penalty is not imposed if the defendant,
12 (i) has previously been convicted of
13 first degree murder under any state or federal
14 law, or
15 (ii) is a person who, at the time of the
16 commission of the murder, had attained the age
17 of 17 or more and is found guilty of murdering
18 an individual under 12 years of age; or,
19 irrespective of the defendant's age at the time
20 of the commission of the offense, is found
21 guilty of murdering more than one victim, or
22 (iii) is found guilty of murdering a
23 peace officer or fireman when the peace officer
24 or fireman was killed in the course of
25 performing his official duties, or to prevent
26 the peace officer or fireman from performing
27 his official duties, or in retaliation for the
28 peace officer or fireman performing his
29 official duties, and the defendant knew or
30 should have known that the murdered individual
31 was a peace officer or fireman, or
32 (iv) is found guilty of murdering an
33 employee of an institution or facility of the
34 Department of Corrections, or any similar local
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1 correctional agency, when the employee was
2 killed in the course of performing his official
3 duties, or to prevent the employee from
4 performing his official duties, or in
5 retaliation for the employee performing his
6 official duties, or
7 (v) is found guilty of murdering an
8 emergency medical technician - ambulance,
9 emergency medical technician - intermediate,
10 emergency medical technician - paramedic,
11 ambulance driver or other medical assistance or
12 first aid person while employed by a
13 municipality or other governmental unit when
14 the person was killed in the course of
15 performing official duties or to prevent the
16 person from performing official duties or in
17 retaliation for performing official duties and
18 the defendant knew or should have known that
19 the murdered individual was an emergency
20 medical technician - ambulance, emergency
21 medical technician - intermediate, emergency
22 medical technician - paramedic, ambulance
23 driver, or other medical assistant or first aid
24 personnel, or
25 (vi) is a person who, at the time of the
26 commission of the murder, had not attained the
27 age of 17, and is found guilty of murdering a
28 person under 12 years of age and the murder is
29 committed during the course of aggravated
30 criminal sexual assault, criminal sexual
31 assault, or aggravated kidnaping, or
32 (vii) is found guilty of first degree
33 murder and the murder was committed by reason
34 of any person's activity as a community
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1 policing volunteer or to prevent any person
2 from engaging in activity as a community
3 policing volunteer. For the purpose of this
4 Section, "community policing volunteer" has the
5 meaning ascribed to it in Section 2-3.5 of the
6 Criminal Code of 1961, or.
7 (d) (i) if the person committed the offense while
8 armed with a firearm, 15 years of imprisonment shall
9 be added to the term of imprisonment imposed by the
10 court;
11 (ii) if, during the commission of the offense,
12 the person personally discharged a firearm, 20 years
13 of imprisonment shall be added to the term of
14 imprisonment imposed by the court;
15 (iii) if, during the commission of the
16 offense, the person personally discharged a firearm
17 that proximately caused great bodily harm, permanent
18 disability, permanent disfigurement, or death to any
19 person, 25 years to life of imprisonment shall be
20 added to the term of imprisonment imposed by the
21 court.
22 For purposes of clause (v), "emergency medical
23 technician - ambulance", "emergency medical
24 technician - intermediate", "emergency medical
25 technician - paramedic", have the meanings ascribed
26 to them in the Emergency Medical Services (EMS)
27 Systems Act.
28 (1.5) for second degree murder, a term shall be not
29 less than 4 years and not more than 20 years;
30 (2) for a person adjudged a habitual criminal under
31 Article 33B of the Criminal Code of 1961, as amended, the
32 sentence shall be a term of natural life imprisonment;
33 (2.5) for a person convicted under the
34 circumstances described in paragraph (3) of subsection
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1 (b) of Section 12-13, paragraph (2) of subsection (d) of
2 Section 12-14, or paragraph (2) of subsection (b) of
3 Section 12-14.1 of the Criminal Code of 1961, the
4 sentence shall be a term of natural life imprisonment;
5 (3) except as otherwise provided in the statute
6 defining the offense, for a Class X felony, the sentence
7 shall be not less than 6 years and not more than 30
8 years;
9 (4) for a Class 1 felony, other than second degree
10 murder, the sentence shall be not less than 4 years and
11 not more than 15 years;
12 (5) for a Class 2 felony, the sentence shall be not
13 less than 3 years and not more than 7 years;
14 (6) for a Class 3 felony, the sentence shall be not
15 less than 2 years and not more than 5 years;
16 (7) for a Class 4 felony, the sentence shall be not
17 less than 1 year and not more than 3 years.
18 (b) The sentencing judge in each felony conviction shall
19 set forth his reasons for imposing the particular sentence he
20 enters in the case, as provided in Section 5-4-1 of this
21 Code. Those reasons may include any mitigating or
22 aggravating factors specified in this Code, or the lack of
23 any such circumstances, as well as any other such factors as
24 the judge shall set forth on the record that are consistent
25 with the purposes and principles of sentencing set out in
26 this Code.
27 (c) A motion to reduce a sentence may be made, or the
28 court may reduce a sentence without motion, within 30 days
29 after the sentence is imposed. A defendant's challenge to
30 the correctness of a sentence or to any aspect of the
31 sentencing hearing shall be made by a written motion filed
32 within 30 days following the imposition of sentence.
33 However, the court may not increase a sentence once it is
34 imposed.
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1 If a motion filed pursuant to this subsection is timely
2 filed within 30 days after the sentence is imposed, the
3 proponent of the motion shall exercise due diligence in
4 seeking a determination on the motion and the court shall
5 thereafter decide such motion within a reasonable time.
6 If a motion filed pursuant to this subsection is timely
7 filed within 30 days after the sentence is imposed, then for
8 purposes of perfecting an appeal, a final judgment shall not
9 be considered to have been entered until the motion to reduce
10 a sentence has been decided by order entered by the trial
11 court.
12 A motion filed pursuant to this subsection shall not be
13 considered to have been timely filed unless it is filed with
14 the circuit court clerk within 30 days after the sentence is
15 imposed together with a notice of motion, which notice of
16 motion shall set the motion on the court's calendar on a date
17 certain within a reasonable time after the date of filing.
18 (d) Except where a term of natural life is imposed,
19 every sentence shall include as though written therein a term
20 in addition to the term of imprisonment. For those sentenced
21 under the law in effect prior to February 1, 1978, such term
22 shall be identified as a parole term. For those sentenced on
23 or after February 1, 1978, such term shall be identified as a
24 mandatory supervised release term. Subject to earlier
25 termination under Section 3-3-8, the parole or mandatory
26 supervised release term shall be as follows:
27 (1) for first degree murder or a Class X felony, 3
28 years;
29 (2) for a Class 1 felony or a Class 2 felony, 2
30 years;
31 (3) for a Class 3 felony or a Class 4 felony, 1
32 year.
33 (e) A defendant who has a previous and unexpired
34 sentence of imprisonment imposed by another state or by any
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1 district court of the United States and who, after sentence
2 for a crime in Illinois, must return to serve the unexpired
3 prior sentence may have his sentence by the Illinois court
4 ordered to be concurrent with the prior sentence in the other
5 state. The court may order that any time served on the
6 unexpired portion of the sentence in the other state, prior
7 to his return to Illinois, shall be credited on his Illinois
8 sentence. The other state shall be furnished with a copy of
9 the order imposing sentence which shall provide that, when
10 the offender is released from confinement of the other state,
11 whether by parole or by termination of sentence, the offender
12 shall be transferred by the Sheriff of the committing county
13 to the Illinois Department of Corrections. The court shall
14 cause the Department of Corrections to be notified of such
15 sentence at the time of commitment and to be provided with
16 copies of all records regarding the sentence.
17 (f) A defendant who has a previous and unexpired
18 sentence of imprisonment imposed by an Illinois circuit court
19 for a crime in this State and who is subsequently sentenced
20 to a term of imprisonment by another state or by any district
21 court of the United States and who has served a term of
22 imprisonment imposed by the other state or district court of
23 the United States, and must return to serve the unexpired
24 prior sentence imposed by the Illinois Circuit Court may
25 apply to the court which imposed sentence to have his
26 sentence reduced.
27 The circuit court may order that any time served on the
28 sentence imposed by the other state or district court of the
29 United States be credited on his Illinois sentence. Such
30 application for reduction of a sentence under this
31 subsection (f) shall be made within 30 days after the
32 defendant has completed the sentence imposed by the other
33 state or district court of the United States.
34 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
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1 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff.
2 1-1-99.)
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