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| 1 | AMENDMENT TO HOUSE BILL 2471
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| 2 | AMENDMENT NO. ______. Amend House Bill 2471 on page 21, | ||||||
| 3 | line 2, by inserting "or evidence of rehabilitation, or both" | ||||||
| 4 | after "rehabilitation"; and
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| 5 | on page 21, by replacing lines 17 through 21 with the | ||||||
| 6 | following: | ||||||
| 7 | "(b) Except as provided in subsection (c), the court may | ||||||
| 8 | sentence the defendant to any disposition authorized for the | ||||||
| 9 | class of the offense of which he or she was found guilty as | ||||||
| 10 | described in Article 4.5 of this Code, and may, in its | ||||||
| 11 | discretion, decline to impose any otherwise applicable | ||||||
| 12 | sentencing enhancement based upon firearm possession, | ||||||
| 13 | possession with personal discharge, or possession with | ||||||
| 14 | personal discharge that proximately causes great bodily harm, | ||||||
| 15 | permanent disability, permanent disfigurement, or death to | ||||||
| 16 | another person. | ||||||
| 17 | (c) Notwithstanding any other provision of law, if the | ||||||
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| 1 | defendant is convicted of first degree murder and would | ||||||
| 2 | otherwise be subject to sentencing under clause (iii), (iv), | ||||||
| 3 | (v), or (vii) of subsection (c) of Section 5-8-1 of this Code | ||||||
| 4 | based on the category of persons identified therein, the court | ||||||
| 5 | shall impose a sentence of not less than 40 years of | ||||||
| 6 | imprisonment. In addition, the court may, in its discretion, | ||||||
| 7 | decline to impose the sentencing enhancements based upon the | ||||||
| 8 | possession or use of a firearm during the commission of the | ||||||
| 9 | offense included in subsection (d) of Section 5-8-1."; and | ||||||
| 10 | by replacing lines 24 through 26 on page 22 and lines 1 through | ||||||
| 11 | 3 on page 23 with the following: | ||||||
| 12 | "(ii) is a person who, at the time of the | ||||||
| 13 | commission of the murder,
had attained the age of | ||||||
| 14 | 17 or more and is found guilty of murdering an
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| 15 | individual under 12 years of age; or, irrespective | ||||||
| 16 | of the defendant's age at
the time of the | ||||||
| 17 | commission of the offense, is found guilty of".
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