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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-8-1 as follows: | ||||||
6 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) | ||||||
7 | Sec. 5-8-1. Natural life imprisonment; mandatory | ||||||
8 | supervised release. | ||||||
9 | (a) Except as otherwise provided in the statute defining | ||||||
10 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
11 | imprisonment for a felony shall be a determinate sentence set | ||||||
12 | by
the court under this Section, according to the following | ||||||
13 | limitations: | ||||||
14 | (1) for first degree murder, | ||||||
15 | (a) (blank), | ||||||
16 | (b) if a trier of fact finds beyond a reasonable
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17 | doubt that the murder was accompanied by exceptionally
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18 | brutal or heinous behavior indicative of wanton | ||||||
19 | cruelty or , except as set forth
in subsection (a)(1)(c) | ||||||
20 | of this Section, that any of the aggravating factors
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21 | listed in subsection (b) of Section 9-1 of the Criminal | ||||||
22 | Code of 1961 are
present, the court may sentence the | ||||||
23 | defendant to a term of natural life
imprisonment, or |
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1 | (c) the court shall sentence the defendant to a | ||||||
2 | term of natural life
imprisonment when the death | ||||||
3 | penalty is not imposed if the defendant, | ||||||
4 | (i) has previously been convicted of first | ||||||
5 | degree murder under
any state or federal law, or | ||||||
6 | (ii) is a person who, at the time of the | ||||||
7 | commission of the murder,
had attained the age of | ||||||
8 | 17 or more and is found guilty of murdering an
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9 | individual under 12 years of age; or, irrespective | ||||||
10 | of the defendant's age at
the time of the | ||||||
11 | commission of the offense, is found guilty of | ||||||
12 | murdering more
than one victim, or | ||||||
13 | (iii) is found guilty of murdering a peace | ||||||
14 | officer, fireman, or emergency management worker | ||||||
15 | when
the peace officer, fireman, or emergency | ||||||
16 | management worker was killed in the course of | ||||||
17 | performing his
official duties, or to prevent the | ||||||
18 | peace officer or fireman from
performing his | ||||||
19 | official duties, or in retaliation for the peace | ||||||
20 | officer,
fireman, or emergency management worker | ||||||
21 | from performing his official duties, and the | ||||||
22 | defendant knew or should
have known that the | ||||||
23 | murdered individual was a peace officer, fireman, | ||||||
24 | or emergency management worker, or | ||||||
25 | (iv) is found guilty of murdering an employee | ||||||
26 | of an institution or
facility of the Department of |
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1 | Corrections, or any similar local
correctional | ||||||
2 | agency, when the employee was killed in the course | ||||||
3 | of
performing his official duties, or to prevent | ||||||
4 | the employee from performing
his official duties, | ||||||
5 | or in retaliation for the employee performing his
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6 | official duties, or | ||||||
7 | (v) is found guilty of murdering an emergency | ||||||
8 | medical
technician - ambulance, emergency medical | ||||||
9 | technician - intermediate, emergency
medical | ||||||
10 | technician - paramedic, ambulance driver or other | ||||||
11 | medical assistance or
first aid person while | ||||||
12 | employed by a municipality or other governmental | ||||||
13 | unit
when the person was killed in the course of | ||||||
14 | performing official duties or
to prevent the | ||||||
15 | person from performing official duties or in | ||||||
16 | retaliation
for performing official duties and the | ||||||
17 | defendant knew or should have known
that the | ||||||
18 | murdered individual was an emergency medical | ||||||
19 | technician - ambulance,
emergency medical | ||||||
20 | technician - intermediate, emergency medical
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21 | technician - paramedic, ambulance driver, or other | ||||||
22 | medical
assistant or first aid personnel, or | ||||||
23 | (vi) is a person who, at the time of the | ||||||
24 | commission of the murder,
had not attained the age | ||||||
25 | of 17, and is found guilty of murdering a person | ||||||
26 | under
12 years of age and the murder is committed |
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1 | during the course of aggravated
criminal sexual | ||||||
2 | assault, criminal sexual assault, or aggravated | ||||||
3 | kidnaping,
or | ||||||
4 | (vii) is found guilty of first degree murder | ||||||
5 | and the murder was
committed by reason of any | ||||||
6 | person's activity as a community policing | ||||||
7 | volunteer
or to prevent any person from engaging in | ||||||
8 | activity as a community policing
volunteer. For | ||||||
9 | the purpose of this Section, "community policing | ||||||
10 | volunteer"
has the meaning ascribed to it in | ||||||
11 | Section 2-3.5 of the Criminal Code of 1961 , or . | ||||||
12 | (viii) is found guilty of first degree murder | ||||||
13 | and the murder was
accompanied by exceptionally
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14 | brutal or heinous behavior indicative of wanton | ||||||
15 | cruelty. | ||||||
16 | For purposes of clause (v), "emergency medical | ||||||
17 | technician - ambulance",
"emergency medical technician - | ||||||
18 | intermediate", "emergency medical technician -
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19 | paramedic", have the meanings ascribed to them in the | ||||||
20 | Emergency Medical
Services (EMS) Systems Act. | ||||||
21 | (d) (i) if the person committed the offense while | ||||||
22 | armed with a
firearm, 15 years shall be added to | ||||||
23 | the term of imprisonment imposed by the
court; | ||||||
24 | (ii) if, during the commission of the offense, | ||||||
25 | the person
personally discharged a firearm, 20 | ||||||
26 | years shall be added to the term of
imprisonment |
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1 | imposed by the court; | ||||||
2 | (iii) if, during the commission of the | ||||||
3 | offense, the person
personally discharged a | ||||||
4 | firearm that proximately caused great bodily harm,
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5 | permanent disability, permanent disfigurement, or | ||||||
6 | death to another person, 25
years or up to a term | ||||||
7 | of natural life shall be added to the term of
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8 | imprisonment imposed by the court. | ||||||
9 | (2) (blank); | ||||||
10 | (2.5) for a person convicted under the circumstances | ||||||
11 | described in
paragraph (3) of subsection (b) of Section | ||||||
12 | 12-13, paragraph (2) of subsection
(d) of Section 12-14, | ||||||
13 | paragraph (1.2) of subsection (b) of
Section 12-14.1, or | ||||||
14 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
15 | Criminal Code of 1961, the sentence shall be a term of | ||||||
16 | natural life
imprisonment. | ||||||
17 | (b) (Blank . ) . | ||||||
18 | (c) (Blank . ) . | ||||||
19 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
20 | parole or mandatory
supervised release term shall be as | ||||||
21 | follows: | ||||||
22 | (1) for first degree murder or a Class X felony except | ||||||
23 | for the offenses of predatory criminal sexual assault of a | ||||||
24 | child, aggravated criminal sexual assault, and criminal | ||||||
25 | sexual assault if committed on or after the effective date | ||||||
26 | of this amendatory Act of the 94th General Assembly and |
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1 | except for the offense of aggravated child pornography | ||||||
2 | under Section 11-20.3 of the Criminal Code of 1961, if | ||||||
3 | committed on or after January 1, 2009, 3 years; | ||||||
4 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
5 | the offense of criminal sexual assault if committed on or | ||||||
6 | after the effective date of this amendatory Act of the 94th | ||||||
7 | General Assembly and except for the offenses of manufacture | ||||||
8 | and dissemination of child pornography under clauses | ||||||
9 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
10 | of 1961, if committed on or after January 1, 2009, 2 years; | ||||||
11 | (3) for a Class 3 felony or a Class 4 felony, 1 year; | ||||||
12 | (4) for defendants who commit the offense of predatory | ||||||
13 | criminal sexual assault of a child, aggravated criminal | ||||||
14 | sexual assault, or criminal sexual assault, on or after the | ||||||
15 | effective date of this amendatory Act of the 94th General | ||||||
16 | Assembly, or who commit the offense of aggravated child | ||||||
17 | pornography, manufacture of child pornography, or | ||||||
18 | dissemination of child pornography after January 1, 2009, | ||||||
19 | the term of mandatory supervised release shall range from a | ||||||
20 | minimum of 3 years to a maximum of the natural life of the | ||||||
21 | defendant; | ||||||
22 | (5) if the victim is under 18 years of age, for a | ||||||
23 | second or subsequent
offense of aggravated criminal sexual | ||||||
24 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
25 | the first 2 years of which the defendant shall serve in an
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26 | electronic home detention program under Article 8A of |
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1 | Chapter V of this Code; | ||||||
2 | (6) for a felony domestic battery, aggravated domestic | ||||||
3 | battery, stalking, aggravated stalking, and a felony | ||||||
4 | violation of an order of protection, 4 years. | ||||||
5 | (e) (Blank . ) . | ||||||
6 | (f) (Blank . ) . | ||||||
7 | (Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; | ||||||
8 | 96-282, eff. 1-1-10; revised 9-4-09.)
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