Rep. Dan Brady
Filed: 3/16/2010
 
 

 




 

 		












09600HB5197ham001

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AMENDMENT TO HOUSE BILL 5197 




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    AMENDMENT NO. ______. Amend House Bill 5197 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Unified Code of Corrections is amended  by 
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changing Section 5-8-1 as follows:
 
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    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
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    Sec. 5-8-1. Natural life imprisonment; mandatory 
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supervised release. 
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    (a) Except as otherwise provided in the statute defining 
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the offense or in Article 4.5 of Chapter V, a
sentence of 
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imprisonment for a felony shall be a determinate sentence set 
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by
the court under this Section, according to the following 
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limitations:
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        (1) for first degree murder,
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            (a) (blank),
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            (b) if a trier of fact finds beyond a reasonable

 


 






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        doubt that the murder was accompanied by exceptionally

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        brutal or heinous behavior indicative of wanton 
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        cruelty or, except as set forth
in subsection (a)(1)(c) 
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        of this Section, that any of the aggravating factors

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        listed in subsection (b) of Section 9-1 of the Criminal 
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        Code of 1961 are
present, the court may sentence the 
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        defendant to a term of natural life
imprisonment, or
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            (c) the court shall sentence the defendant to a 
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        term of natural life
imprisonment when the death 
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        penalty is not imposed if the defendant,
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                (i) has previously been convicted of first 
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            degree murder under
any state or federal law, or
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                (ii) is a person who, at the time of the 
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            commission of the murder,
had attained the age of 
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            17 or more and is found guilty of murdering an

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            individual under 12 years of age; or, irrespective 
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            of the defendant's age at
the time of the 
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            commission of the offense, is found guilty of 
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            murdering more
than one victim, or
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                (iii) is found guilty of murdering a peace 
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            officer, fireman, or emergency management worker 
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            when
the peace officer, fireman, or emergency 
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            management worker was killed in the course of 
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            performing his
official duties, or to prevent the 
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            peace officer or fireman from
performing his 
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            official duties, or in retaliation for the peace 
 


 






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            officer,
fireman, or emergency management worker 
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            from performing his official duties, and the 
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            defendant knew or should
have known that the 
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            murdered individual was a peace officer, fireman, 
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            or emergency management worker, or
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                (iv) is found guilty of murdering an employee 
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            of an institution or
facility of the Department of 
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            Corrections, or any similar local
correctional 
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            agency, when the employee was killed in the course 
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            of
performing his official duties, or to prevent 
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            the employee from performing
his official duties, 
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            or in retaliation for the employee performing his

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            official duties, or
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                (v) is found guilty of murdering an emergency 
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            medical
technician - ambulance, emergency medical 
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            technician - intermediate, emergency
medical 
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            technician - paramedic, ambulance driver or other 
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            medical assistance or
first aid person while 
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            employed by a municipality or other governmental 
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            unit
when the person was killed in the course of 
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            performing official duties or
to prevent the 
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            person from performing official duties or in 
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            retaliation
for performing official duties and the 
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            defendant knew or should have known
that the 
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            murdered individual was an emergency medical 
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            technician - ambulance,
emergency medical 
 


 






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            technician - intermediate, emergency medical

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            technician - paramedic, ambulance driver, or other 
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            medical
assistant or first aid personnel, or
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                (vi) is a person who, at the time of the 
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            commission of the murder,
had not attained the age 
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            of 17, and is found guilty of murdering a person 
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            under
12 years of age and the murder is committed 
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            during the course of aggravated
criminal sexual 
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            assault, criminal sexual assault, or aggravated 
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            kidnaping,
or
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                (vii) is found guilty of first degree murder 
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            and the murder was
committed by reason of any 
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            person's activity as a community policing 
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            volunteer
or to prevent any person from engaging in 
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            activity as a community policing
volunteer.  For 
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            the purpose of this Section, "community policing 
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            volunteer"
has the meaning ascribed to it in 
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            Section 2-3.5 of the Criminal Code of 1961, or .
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                (viii)  is found guilty of first degree murder 
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            and the murder was
was accompanied by 
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            exceptionally
brutal or heinous behavior 
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            indicative of wanton cruelty. 
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            For purposes of clause (v), "emergency medical 
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        technician - ambulance",
"emergency medical technician -
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         intermediate", "emergency medical technician -

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        paramedic", have the meanings ascribed to them in the 
 


 






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        Emergency Medical
Services (EMS) Systems Act.
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            (d) (i) if the person committed the offense while 
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            armed with a
firearm, 15 years shall be added to 
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            the term of imprisonment imposed by the
court;
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                (ii) if, during the commission of the offense, 
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            the person
personally discharged a firearm, 20 
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            years shall be added to the term of
imprisonment 
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            imposed by the court;
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                (iii) if, during the commission of the 
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            offense, the person
personally discharged a 
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            firearm that proximately caused great bodily harm,

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            permanent disability, permanent disfigurement, or 
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            death to another person, 25
years or up to a term 
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            of natural life shall be added to the term of

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            imprisonment imposed by the court.
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        (2) (blank);
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        (2.5) for a person convicted under the circumstances 
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    described in
paragraph (3) of subsection (b) of Section 
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    12-13, paragraph (2) of subsection
(d) of Section 12-14, 
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    paragraph (1.2) of subsection (b) of
Section 12-14.1, or 
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    paragraph (2) of subsection (b) of Section 12-14.1
of the 
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    Criminal Code of 1961, the sentence shall be a term of 
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    natural life
imprisonment.
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    (b) (Blank.).
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    (c) (Blank.).
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    (d)  Subject to
earlier termination under Section 3-3-8, the 
 


 






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parole or mandatory
supervised release term shall be as 
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follows:
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        (1) for first degree murder or a Class X felony except 
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    for the offenses of predatory criminal sexual assault of a 
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    child, aggravated criminal sexual assault, and criminal 
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    sexual assault if committed on or after the effective date 
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    of this amendatory Act of the 94th General Assembly and 
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    except for the offense of aggravated child pornography 
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    under Section 11-20.3 of the Criminal Code of 1961, if 
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    committed on or after January 1, 2009, 3 years;
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        (2) for a Class 1 felony or a Class 2 felony except for 
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    the offense of criminal sexual assault if committed on or 
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    after the effective date of this amendatory Act of the 94th 
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    General Assembly and except for the offenses of manufacture 
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    and dissemination of child pornography  under clauses 
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    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
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    of 1961, if committed on or after January 1, 2009, 2 years;
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        (3) for a Class 3 felony or a Class 4 felony, 1 year;
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        (4) for defendants who commit the offense of predatory 
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    criminal sexual assault of a child, aggravated criminal 
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    sexual assault, or criminal sexual assault, on or after the 
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    effective date of this amendatory Act of the 94th General 
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    Assembly, or who commit the offense of aggravated child 
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    pornography, manufacture of child pornography, or 
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    dissemination of child pornography after January 1, 2009, 
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    the term of mandatory supervised release shall range from a 
 


 






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    minimum of 3 years to a maximum of the natural life of the 
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    defendant;
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        (5) if the victim is under 18 years of age, for a 
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    second or subsequent
offense of aggravated criminal sexual 
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    abuse or felony criminal sexual abuse,
4 years, at least 
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    the first 2 years of which the defendant shall serve in an

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    electronic home detention program under Article 8A of 
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    Chapter V of this Code;
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        (6)  for a felony domestic battery, aggravated domestic 
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    battery, stalking, aggravated stalking, and a felony 
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    violation of an order of protection, 4 years. 
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    (e) (Blank.).
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    (f) (Blank.).
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(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; 
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96-282, eff. 1-1-10; revised 9-4-09.)".