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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,
| |||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||||||
4 | Section 5. The Criminal Code of 2012 is amended by changing | |||||||||||||||||||||||||||||||||||||
5 | Sections 8-4, 9-1.2, 10-2, 11-1.40, 12-3.05, 18-2, 18-4, 19-6, | |||||||||||||||||||||||||||||||||||||
6 | and 33A-3 as follows:
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7 | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
| |||||||||||||||||||||||||||||||||||||
8 | Sec. 8-4. Attempt.
| |||||||||||||||||||||||||||||||||||||
9 | (a) Elements of the offense.
| |||||||||||||||||||||||||||||||||||||
10 | A person commits the offense of attempt when, with intent | |||||||||||||||||||||||||||||||||||||
11 | to commit a specific
offense, he or she does any act that | |||||||||||||||||||||||||||||||||||||
12 | constitutes a substantial step toward the
commission of that | |||||||||||||||||||||||||||||||||||||
13 | offense.
| |||||||||||||||||||||||||||||||||||||
14 | (b) Impossibility.
| |||||||||||||||||||||||||||||||||||||
15 | It is not a defense to a charge of attempt that because of | |||||||||||||||||||||||||||||||||||||
16 | a
misapprehension of the circumstances it would have been | |||||||||||||||||||||||||||||||||||||
17 | impossible for
the accused to commit the offense attempted.
| |||||||||||||||||||||||||||||||||||||
18 | (c) Sentence.
| |||||||||||||||||||||||||||||||||||||
19 | A person convicted of attempt may be fined or imprisoned or | |||||||||||||||||||||||||||||||||||||
20 | both
not to exceed the maximum provided for the offense | |||||||||||||||||||||||||||||||||||||
21 | attempted but, except
for an attempt to commit the offense | |||||||||||||||||||||||||||||||||||||
22 | defined in Section 33A-2 of this Code:
| |||||||||||||||||||||||||||||||||||||
23 | (1) the sentence for attempt to commit first degree |
| |||||||
| |||||||
1 | murder is the
sentence for a Class X felony, except that
| ||||||
2 | (A) an attempt to commit first
degree murder when | ||||||
3 | at least one of the aggravating factors specified in
| ||||||
4 | paragraphs (1), (2), and (12) of subsection (b) of | ||||||
5 | Section 9-1 is present is
a Class X felony for which | ||||||
6 | the sentence shall be a term of imprisonment of
not | ||||||
7 | less than 20 years and not more than 80 years;
| ||||||
8 | (B) an attempt to commit first degree murder while | ||||||
9 | armed with a
firearm is a Class X felony for which up | ||||||
10 | to 15 years may shall be added to the term of
| ||||||
11 | imprisonment imposed by the court;
| ||||||
12 | (C) an attempt to commit first degree murder during | ||||||
13 | which the person
personally discharged a firearm is a | ||||||
14 | Class X felony for which up to 20 years
may shall be | ||||||
15 | added to the term of imprisonment imposed by the court;
| ||||||
16 | (D) an attempt to commit first degree murder during | ||||||
17 | which the person
personally discharged a firearm that | ||||||
18 | proximately caused great bodily harm,
permanent | ||||||
19 | disability, permanent disfigurement, or death to
| ||||||
20 | another person is a Class X felony for which 25 years | ||||||
21 | or up to a term of
natural life may shall be added to | ||||||
22 | the term of imprisonment imposed by the court; and
| ||||||
23 | (E) if the defendant proves by a preponderance of | ||||||
24 | the evidence at sentencing that, at the time of the | ||||||
25 | attempted murder, he or she was acting under a sudden | ||||||
26 | and intense passion resulting from serious provocation |
| |||||||
| |||||||
1 | by the individual whom the defendant endeavored to | ||||||
2 | kill, or another, and, had the individual the defendant | ||||||
3 | endeavored to kill died, the defendant would have | ||||||
4 | negligently or accidentally caused that death, then | ||||||
5 | the sentence for the attempted murder is the sentence | ||||||
6 | for a Class 1 felony;
| ||||||
7 | (2) the sentence for attempt to commit a Class X felony | ||||||
8 | is the sentence
for a Class 1 felony;
| ||||||
9 | (3) the sentence for attempt to commit a Class 1 felony | ||||||
10 | is the sentence
for a Class 2 felony;
| ||||||
11 | (4) the sentence for attempt to commit a Class 2 felony | ||||||
12 | is the sentence
for a Class 3 felony; and
| ||||||
13 | (5) the sentence for attempt to commit any felony other | ||||||
14 | than those
specified in items (1), (2), (3), and (4) of | ||||||
15 | this subsection (c) is
the sentence for a Class A | ||||||
16 | misdemeanor.
| ||||||
17 | (Source: P.A. 96-710, eff. 1-1-10.)
| ||||||
18 | (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
| ||||||
19 | Sec. 9-1.2. Intentional homicide of an unborn child.
| ||||||
20 | (a) A person
commits the offense of intentional homicide of | ||||||
21 | an unborn child if, in
performing acts which cause the death of | ||||||
22 | an unborn child, he without lawful
justification:
| ||||||
23 | (1) either intended to cause the death of or do great | ||||||
24 | bodily harm to the
pregnant individual or unborn child or | ||||||
25 | knew that such acts would cause death
or great bodily harm |
| |||||||
| |||||||
1 | to the pregnant individual or unborn child; or
| ||||||
2 | (2) knew that his acts created a strong probability of | ||||||
3 | death or great
bodily harm to the pregnant individual or | ||||||
4 | unborn child; and
| ||||||
5 | (3) knew that the individual was pregnant.
| ||||||
6 | (b) For purposes of this Section, (1) "unborn child" shall | ||||||
7 | mean any
individual of the human species from the implantation | ||||||
8 | of an embryo until birth, and (2)
"person" shall not include | ||||||
9 | the pregnant woman whose unborn child is killed.
| ||||||
10 | (c) This Section shall not apply to acts which cause the | ||||||
11 | death of an
unborn child if those acts were committed during | ||||||
12 | any abortion, as defined
in Section 1-10 of the Reproductive | ||||||
13 | Health Act, to which the
pregnant individual has consented. | ||||||
14 | This Section shall not apply to acts which
were committed | ||||||
15 | pursuant to usual and customary standards of medical
practice | ||||||
16 | during diagnostic testing or therapeutic treatment.
| ||||||
17 | (d) Penalty. The sentence for intentional homicide of an | ||||||
18 | unborn child
shall be the same as for first degree murder, | ||||||
19 | except that:
| ||||||
20 | (1) the death penalty may not be imposed;
| ||||||
21 | (2) if the person committed the offense while armed | ||||||
22 | with a firearm, up to 15
years may shall be added to the | ||||||
23 | term of imprisonment imposed by the court;
| ||||||
24 | (3) if, during the commission of the offense, the | ||||||
25 | person personally
discharged a firearm, up to 20 years may | ||||||
26 | shall be added to the term of imprisonment
imposed by the |
| |||||||
| |||||||
1 | court;
| ||||||
2 | (4) if, during the commission of the offense, the | ||||||
3 | person personally
discharged a firearm that proximately | ||||||
4 | caused great bodily harm, permanent
disability, permanent | ||||||
5 | disfigurement, or death to another person, 25 years or up
| ||||||
6 | to a term of natural life may shall be added to the term of | ||||||
7 | imprisonment imposed by
the court.
| ||||||
8 | (e) The provisions of this Act shall not be construed to | ||||||
9 | prohibit the
prosecution of any person under any other | ||||||
10 | provision of law.
| ||||||
11 | (Source: P.A. 101-13, eff. 6-12-19.)
| ||||||
12 | (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
| ||||||
13 | Sec. 10-2. Aggravated kidnaping.
| ||||||
14 | (a) A person commits the offense of
aggravated kidnaping | ||||||
15 | when he or she commits kidnapping and:
| ||||||
16 | (1) kidnaps with the intent to obtain ransom from the | ||||||
17 | person
kidnaped or from any other person;
| ||||||
18 | (2) takes as his or her victim a child under the age of | ||||||
19 | 13 years, or a person with a severe or profound | ||||||
20 | intellectual disability;
| ||||||
21 | (3) inflicts great bodily harm, other than by the | ||||||
22 | discharge of a
firearm, or commits another felony upon his | ||||||
23 | or her
victim;
| ||||||
24 | (4) wears a hood, robe, or mask or conceals his or her | ||||||
25 | identity;
|
| |||||||
| |||||||
1 | (5) commits the offense of kidnaping while armed with a | ||||||
2 | dangerous
weapon, other than a firearm, as defined in | ||||||
3 | Section 33A-1 of this
Code;
| ||||||
4 | (6) commits the offense of kidnaping while armed with a | ||||||
5 | firearm;
| ||||||
6 | (7) during the commission of the offense of kidnaping, | ||||||
7 | personally
discharges a firearm; or
| ||||||
8 | (8) during the commission of the offense of kidnaping, | ||||||
9 | personally discharges
a firearm that proximately causes | ||||||
10 | great bodily harm, permanent
disability, permanent | ||||||
11 | disfigurement, or death to another person.
| ||||||
12 | As used in this Section, "ransom" includes money, benefit, | ||||||
13 | or other
valuable thing or concession.
| ||||||
14 | (b) Sentence. Aggravated kidnaping
in violation of | ||||||
15 | paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a | ||||||
16 | Class X felony.
A violation of subsection (a)(6) is a Class X | ||||||
17 | felony for which up to 15 years may
shall be added to the term | ||||||
18 | of imprisonment imposed by the court. A violation of
subsection | ||||||
19 | (a)(7) is a Class X felony for which up to 20 years may shall be | ||||||
20 | added to the
term of imprisonment imposed by the court. A | ||||||
21 | violation of subsection (a)(8) is
a Class X felony for which 25 | ||||||
22 | years or up to a term of natural life may shall be
added to the | ||||||
23 | term of imprisonment imposed by the court. An offender under | ||||||
24 | the age of 18 years at the time of the commission of aggravated | ||||||
25 | kidnaping in violation of paragraphs (1) through (8) of | ||||||
26 | subsection (a) shall be sentenced under Section 5-4.5-105 of |
| |||||||
| |||||||
1 | the Unified Code of Corrections.
| ||||||
2 | A person who has attained the age of 18 years at the time | ||||||
3 | of the commission of the offense and who is convicted of a | ||||||
4 | second or subsequent offense of
aggravated kidnaping shall be | ||||||
5 | sentenced to a term of natural life imprisonment; except
that a | ||||||
6 | sentence of natural life imprisonment shall not be
imposed | ||||||
7 | under this Section unless the second or subsequent offense was
| ||||||
8 | committed after conviction on the first offense. An offender | ||||||
9 | under the age of 18 years at the time of the commission of the | ||||||
10 | second or subsequent offense shall be sentenced under Section | ||||||
11 | 5-4.5-105 of the Unified Code of Corrections.
| ||||||
12 | (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | ||||||
13 | eff. 7-28-16.)
| ||||||
14 | (720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
| ||||||
15 | Sec. 11-1.40. Predatory criminal sexual assault of a child.
| ||||||
16 | (a) A person commits predatory criminal sexual assault of a | ||||||
17 | child if that person is 17 years of age or older, and commits | ||||||
18 | an act of contact, however slight, between the sex organ or | ||||||
19 | anus of one person and the part of the body of another for the | ||||||
20 | purpose of sexual gratification or arousal of the victim or the | ||||||
21 | accused, or an act of sexual penetration, and: | ||||||
22 | (1) the victim is under 13 years of age; or | ||||||
23 | (2) the victim is under 13 years of age and that | ||||||
24 | person: | ||||||
25 | (A) is armed with a firearm; |
| |||||||
| |||||||
1 | (B) personally discharges a firearm during the | ||||||
2 | commission of the offense; | ||||||
3 | (C) causes great bodily harm to the victim that: | ||||||
4 | (i) results in permanent disability; or | ||||||
5 | (ii) is life threatening; or | ||||||
6 | (D) delivers (by injection, inhalation, ingestion, | ||||||
7 | transfer of possession, or any other means) any | ||||||
8 | controlled substance to the victim without the | ||||||
9 | victim's consent or by threat or deception, for other | ||||||
10 | than medical purposes.
| ||||||
11 | (b) Sentence.
| ||||||
12 | (1) A person convicted of a violation of subsection | ||||||
13 | (a)(1)
commits a Class X felony, for which the person shall | ||||||
14 | be sentenced to a term of imprisonment of not less than 6 | ||||||
15 | years and not more than 60 years.
A person convicted of a | ||||||
16 | violation of subsection (a)(2)(A) commits a Class X
felony | ||||||
17 | for which up to 15 years may shall be added to the term of | ||||||
18 | imprisonment imposed by
the court. A person convicted of a | ||||||
19 | violation of subsection (a)(2)(B) commits a
Class X felony | ||||||
20 | for which up to 20 years may shall be added to the term of | ||||||
21 | imprisonment
imposed by the court. A person who has | ||||||
22 | attained the age of 18 years at the time of the commission | ||||||
23 | of the offense and who is convicted of a violation of | ||||||
24 | subsection (a)(2)(C)
commits a Class X felony for which the | ||||||
25 | person shall be sentenced to a term of
imprisonment of not | ||||||
26 | less than 50 years or up to a term of natural life
|
| |||||||
| |||||||
1 | imprisonment. An offender under the age of 18 years at the | ||||||
2 | time of the commission of predatory criminal sexual assault | ||||||
3 | of a child in violation of subsections (a)(1), (a)(2)(A), | ||||||
4 | (a)(2)(B), and (a)(2)(C) shall be sentenced under Section | ||||||
5 | 5-4.5-105 of the Unified Code of Corrections.
| ||||||
6 | (1.1) A person convicted of a violation of subsection | ||||||
7 | (a)(2)(D) commits a
Class X felony for which the person
| ||||||
8 | shall be
sentenced to a
term of imprisonment of not less | ||||||
9 | than 50 years and not more than 60 years. An offender under | ||||||
10 | the age of 18 years at the time of the commission of | ||||||
11 | predatory criminal sexual assault of a child in violation | ||||||
12 | of subsection (a)(2)(D) shall be sentenced under Section | ||||||
13 | 5-4.5-105 of the Unified Code of Corrections.
| ||||||
14 | (1.2) A person who has attained the age of 18 years at | ||||||
15 | the time of the commission of the offense and convicted of | ||||||
16 | predatory criminal sexual assault of a child
committed
| ||||||
17 | against 2 or more persons regardless of whether the | ||||||
18 | offenses occurred as the
result of the same act or of | ||||||
19 | several related or unrelated acts shall be
sentenced to a | ||||||
20 | term of natural life imprisonment and an offender under the | ||||||
21 | age of 18 years at the time of the commission of the | ||||||
22 | offense shall be sentenced under Section 5-4.5-105 of the | ||||||
23 | Unified Code of Corrections.
| ||||||
24 | (2) A person who has attained the age of 18 years at | ||||||
25 | the time of the commission of the offense and who is | ||||||
26 | convicted of a second or subsequent offense of
predatory |
| |||||||
| |||||||
1 | criminal sexual assault of a child, or who is convicted of | ||||||
2 | the
offense of
predatory criminal sexual assault of a child | ||||||
3 | after having previously been
convicted of the offense of | ||||||
4 | criminal sexual assault or the offense of
aggravated | ||||||
5 | criminal sexual assault, or who is convicted of the offense | ||||||
6 | of
predatory criminal sexual assault of a child after | ||||||
7 | having previously been
convicted under the laws of this | ||||||
8 | State
or any other state of an offense that is | ||||||
9 | substantially equivalent to the
offense
of predatory | ||||||
10 | criminal sexual assault of a child, the offense of | ||||||
11 | aggravated
criminal sexual assault or the offense of | ||||||
12 | criminal sexual assault, shall be
sentenced to a term of | ||||||
13 | natural life imprisonment.
The commission of the second or | ||||||
14 | subsequent offense is required to have been
after the | ||||||
15 | initial conviction for this paragraph (2) to apply. An | ||||||
16 | offender under the age of 18 years at the time of the | ||||||
17 | commission of the offense covered by this paragraph (2) | ||||||
18 | shall be sentenced under Section 5-4.5-105 of the Unified | ||||||
19 | Code of Corrections.
| ||||||
20 | (Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
21 | 98-903, eff. 8-15-14; 99-69, eff. 1-1-16 .)
| ||||||
22 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
23 | Sec. 12-3.05. Aggravated battery.
| ||||||
24 | (a) Offense based on injury. A person commits aggravated | ||||||
25 | battery when, in committing a battery, other than by the |
| |||||||
| |||||||
1 | discharge of a firearm, he or she knowingly does any of the | ||||||
2 | following: | ||||||
3 | (1) Causes great bodily harm or permanent disability or | ||||||
4 | disfigurement. | ||||||
5 | (2) Causes severe and permanent disability, great | ||||||
6 | bodily harm, or disfigurement by means of a caustic or | ||||||
7 | flammable substance, a poisonous gas, a deadly biological | ||||||
8 | or chemical contaminant or agent, a radioactive substance, | ||||||
9 | or a bomb or explosive compound. | ||||||
10 | (3) Causes great bodily harm or permanent disability or | ||||||
11 | disfigurement to an individual whom the person knows to be | ||||||
12 | a peace officer, community policing volunteer, fireman, | ||||||
13 | private security officer, correctional institution | ||||||
14 | employee, or Department of Human Services employee | ||||||
15 | supervising or controlling sexually dangerous persons or | ||||||
16 | sexually violent persons: | ||||||
17 | (i) performing his or her official duties; | ||||||
18 | (ii) battered to prevent performance of his or her | ||||||
19 | official duties; or | ||||||
20 | (iii) battered in retaliation for performing his | ||||||
21 | or her official duties. | ||||||
22 | (4) Causes great bodily harm or permanent disability or | ||||||
23 | disfigurement to an individual 60 years of age or older. | ||||||
24 | (5) Strangles another individual. | ||||||
25 | (b) Offense based on injury to a child or person with an | ||||||
26 | intellectual disability. A person who is at least 18 years of |
| |||||||
| |||||||
1 | age commits aggravated battery when, in committing a battery, | ||||||
2 | he or she knowingly and without legal justification by any | ||||||
3 | means: | ||||||
4 | (1) causes great bodily harm or permanent disability or | ||||||
5 | disfigurement to any child under the age of 13 years, or to | ||||||
6 | any person with a severe or profound intellectual | ||||||
7 | disability; or | ||||||
8 | (2) causes bodily harm or disability or disfigurement | ||||||
9 | to any child under the age of 13 years or to any person | ||||||
10 | with a severe or profound intellectual disability. | ||||||
11 | (c) Offense based on location of conduct. A person commits | ||||||
12 | aggravated battery when, in committing a battery, other than by | ||||||
13 | the discharge of a firearm, he or she is or the person battered | ||||||
14 | is on or about a public way, public property, a public place of | ||||||
15 | accommodation or amusement, a sports venue, or a domestic | ||||||
16 | violence shelter, or in a church, synagogue, mosque, or other | ||||||
17 | building, structure, or place used for religious worship. | ||||||
18 | (d) Offense based on status of victim. A person commits | ||||||
19 | aggravated battery when, in committing a battery, other than by | ||||||
20 | discharge of a firearm, he or she knows the individual battered | ||||||
21 | to be any of the following: | ||||||
22 | (1) A person 60 years of age or older. | ||||||
23 | (2) A person who is pregnant or has a physical | ||||||
24 | disability. | ||||||
25 | (3) A teacher or school employee upon school grounds or | ||||||
26 | grounds adjacent to a school or in any part of a building |
| |||||||
| |||||||
1 | used for school purposes. | ||||||
2 | (4) A peace officer, community policing volunteer, | ||||||
3 | fireman, private security officer, correctional | ||||||
4 | institution employee, or Department of Human Services | ||||||
5 | employee supervising or controlling sexually dangerous | ||||||
6 | persons or sexually violent persons: | ||||||
7 | (i) performing his or her official duties; | ||||||
8 | (ii) battered to prevent performance of his or her | ||||||
9 | official duties; or | ||||||
10 | (iii) battered in retaliation for performing his | ||||||
11 | or her official duties. | ||||||
12 | (5) A judge, emergency management worker, emergency | ||||||
13 | medical services personnel, or utility worker: | ||||||
14 | (i) performing his or her official duties; | ||||||
15 | (ii) battered to prevent performance of his or her | ||||||
16 | official duties; or | ||||||
17 | (iii) battered in retaliation for performing his | ||||||
18 | or her official duties. | ||||||
19 | (6) An officer or employee of the State of Illinois, a | ||||||
20 | unit of local government, or a school district, while | ||||||
21 | performing his or her official duties. | ||||||
22 | (7) A transit employee performing his or her official | ||||||
23 | duties, or a transit passenger. | ||||||
24 | (8) A taxi driver on duty. | ||||||
25 | (9) A merchant who detains the person for an alleged | ||||||
26 | commission of retail theft under Section 16-26 of this Code |
| |||||||
| |||||||
1 | and the person without legal justification by any means | ||||||
2 | causes bodily harm to the merchant. | ||||||
3 | (10) A person authorized to serve process under Section | ||||||
4 | 2-202 of the Code of Civil Procedure or a special process | ||||||
5 | server appointed by the circuit court while that individual | ||||||
6 | is in the performance of his or her duties as a process | ||||||
7 | server. | ||||||
8 | (11) A nurse while in the performance of his or her | ||||||
9 | duties as a nurse. | ||||||
10 | (e) Offense based on use of a firearm. A person commits | ||||||
11 | aggravated battery when, in committing a battery, he or she | ||||||
12 | knowingly does any of the following: | ||||||
13 | (1) Discharges a firearm, other than a machine gun or a | ||||||
14 | firearm equipped with a silencer, and causes any injury to | ||||||
15 | another person. | ||||||
16 | (2) Discharges a firearm, other than a machine gun or a | ||||||
17 | firearm equipped with a silencer, and causes any injury to | ||||||
18 | a person he or she knows to be a peace officer, community | ||||||
19 | policing volunteer, person summoned by a police officer, | ||||||
20 | fireman, private security officer, correctional | ||||||
21 | institution employee, or emergency management worker: | ||||||
22 | (i) performing his or her official duties; | ||||||
23 | (ii) battered to prevent performance of his or her | ||||||
24 | official duties; or | ||||||
25 | (iii) battered in retaliation for performing his | ||||||
26 | or her official duties. |
| |||||||
| |||||||
1 | (3) Discharges a firearm, other than a machine gun or a | ||||||
2 | firearm equipped with a silencer, and causes any injury to | ||||||
3 | a person he or she knows to be emergency medical services | ||||||
4 | personnel: | ||||||
5 | (i) performing his or her official duties; | ||||||
6 | (ii) battered to prevent performance of his or her | ||||||
7 | official duties; or | ||||||
8 | (iii) battered in retaliation for performing his | ||||||
9 | or her official duties. | ||||||
10 | (4) Discharges a firearm and causes any injury to a | ||||||
11 | person he or she knows to be a teacher, a student in a | ||||||
12 | school, or a school employee, and the teacher, student, or | ||||||
13 | employee is upon school grounds or grounds adjacent to a | ||||||
14 | school or in any part of a building used for school | ||||||
15 | purposes. | ||||||
16 | (5) Discharges a machine gun or a firearm equipped with | ||||||
17 | a silencer, and causes any injury to another person. | ||||||
18 | (6) Discharges a machine gun or a firearm equipped with | ||||||
19 | a silencer, and causes any injury to a person he or she | ||||||
20 | knows to be a peace officer, community policing volunteer, | ||||||
21 | person summoned by a police officer, fireman, private | ||||||
22 | security officer, correctional institution employee or | ||||||
23 | emergency management worker: | ||||||
24 | (i) performing his or her official duties; | ||||||
25 | (ii) battered to prevent performance of his or her | ||||||
26 | official duties; or |
| |||||||
| |||||||
1 | (iii) battered in retaliation for performing his | ||||||
2 | or her official duties. | ||||||
3 | (7) Discharges a machine gun or a firearm equipped with | ||||||
4 | a silencer, and causes any injury to a person he or she | ||||||
5 | knows to be emergency medical services personnel: | ||||||
6 | (i) performing his or her official duties; | ||||||
7 | (ii) battered to prevent performance of his or her | ||||||
8 | official duties; or | ||||||
9 | (iii) battered in retaliation for performing his | ||||||
10 | or her official duties. | ||||||
11 | (8) Discharges a machine gun or a firearm equipped with | ||||||
12 | a silencer, and causes any injury to a person he or she | ||||||
13 | knows to be a teacher, or a student in a school, or a | ||||||
14 | school employee, and the teacher, student, or employee is | ||||||
15 | upon school grounds or grounds adjacent to a school or in | ||||||
16 | any part of a building used for school purposes. | ||||||
17 | (f) Offense based on use of a weapon or device. A person | ||||||
18 | commits aggravated battery when, in committing a battery, he or | ||||||
19 | she does any of the following: | ||||||
20 | (1) Uses a deadly weapon other than by discharge of a | ||||||
21 | firearm, or uses an air rifle as defined in Section | ||||||
22 | 24.8-0.1 of this Code. | ||||||
23 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
24 | identity. | ||||||
25 | (3) Knowingly and without lawful justification shines | ||||||
26 | or flashes a laser gunsight or other laser device attached |
| |||||||
| |||||||
1 | to a firearm, or used in concert with a firearm, so that | ||||||
2 | the laser beam strikes upon or against the person of | ||||||
3 | another. | ||||||
4 | (4) Knowingly video or audio records the offense with | ||||||
5 | the intent to disseminate the recording. | ||||||
6 | (g) Offense based on certain conduct. A person commits | ||||||
7 | aggravated battery when, other than by discharge of a firearm, | ||||||
8 | he or she does any of the following: | ||||||
9 | (1) Violates Section 401 of the Illinois Controlled | ||||||
10 | Substances Act by unlawfully delivering a controlled | ||||||
11 | substance to another and any user experiences great bodily | ||||||
12 | harm or permanent disability as a result of the injection, | ||||||
13 | inhalation, or ingestion of any amount of the controlled | ||||||
14 | substance. | ||||||
15 | (2) Knowingly administers to an individual or causes | ||||||
16 | him or her to take, without his or her consent or by threat | ||||||
17 | or deception, and for other than medical purposes, any | ||||||
18 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
19 | or controlled substance, or gives to another person any | ||||||
20 | food containing any substance or object intended to cause | ||||||
21 | physical injury if eaten. | ||||||
22 | (3) Knowingly causes or attempts to cause a | ||||||
23 | correctional institution employee or Department of Human | ||||||
24 | Services employee to come into contact with blood, seminal | ||||||
25 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
26 | the fluid or material, and the person is an inmate of a |
| |||||||
| |||||||
1 | penal institution or is a sexually dangerous person or | ||||||
2 | sexually violent person in the custody of the Department of | ||||||
3 | Human Services. | ||||||
4 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
5 | battery is a Class 3 felony. | ||||||
6 | Aggravated battery as defined in subdivision (a)(4), | ||||||
7 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
8 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
9 | (g)(1) is a Class 1 felony. | ||||||
10 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
11 | Class 1 felony when the aggravated battery was intentional and | ||||||
12 | involved the infliction of torture, as defined in paragraph | ||||||
13 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
14 | infliction of or subjection to extreme physical pain, motivated | ||||||
15 | by an intent to increase or prolong the pain, suffering, or | ||||||
16 | agony of the victim. | ||||||
17 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
18 | Class 2 felony when the person causes great bodily harm or | ||||||
19 | permanent disability to an individual whom the person knows to | ||||||
20 | be a member of a congregation engaged in prayer or other | ||||||
21 | religious activities at a church, synagogue, mosque, or other | ||||||
22 | building, structure, or place used for religious worship. | ||||||
23 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
24 | felony if: | ||||||
25 | (A) the person used or attempted to use a dangerous
| ||||||
26 | instrument while committing the offense; or |
| |||||||
| |||||||
1 | (B) the person caused great bodily harm or
permanent | ||||||
2 | disability or disfigurement to the other
person while | ||||||
3 | committing the offense; or | ||||||
4 | (C) the person has been previously convicted of a
| ||||||
5 | violation of subdivision (a)(5) under the laws of this
| ||||||
6 | State or laws similar to subdivision (a)(5) of any other
| ||||||
7 | state. | ||||||
8 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
9 | Class X felony. | ||||||
10 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
11 | Class X felony for which a person shall be sentenced to a term | ||||||
12 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
13 | years. | ||||||
14 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
15 | Class X felony for which a person shall be sentenced to a term | ||||||
16 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
17 | years. | ||||||
18 | Aggravated battery as defined in subdivision (e)(2), | ||||||
19 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
20 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
21 | and a maximum of 60 years. | ||||||
22 | Aggravated battery as defined in subdivision (e)(6), | ||||||
23 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
24 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
25 | and a maximum of 60 years. | ||||||
26 | Aggravated battery as defined in subdivision (b)(1) is a |
| |||||||
| |||||||
1 | Class X felony, except that: | ||||||
2 | (1) if the person committed the offense while armed | ||||||
3 | with a firearm, up to 15 years may shall be added to the | ||||||
4 | term of imprisonment imposed by the court; | ||||||
5 | (2) if, during the commission of the offense, the | ||||||
6 | person personally discharged a firearm, up to 20 years may | ||||||
7 | shall be added to the term of imprisonment imposed by the | ||||||
8 | court; | ||||||
9 | (3) if, during the commission of the offense, the | ||||||
10 | person personally discharged a firearm that proximately | ||||||
11 | caused great bodily harm, permanent disability, permanent | ||||||
12 | disfigurement, or death to another person, 25 years or up | ||||||
13 | to a term of natural life may shall be added to the term of | ||||||
14 | imprisonment imposed by the court. | ||||||
15 | (i) Definitions. In this Section: | ||||||
16 | "Building or other structure used to provide shelter" has | ||||||
17 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
18 | Violence Shelters Act. | ||||||
19 | "Domestic violence" has the meaning ascribed to it in | ||||||
20 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
21 | "Domestic violence shelter" means any building or other | ||||||
22 | structure used to provide shelter or other services to victims | ||||||
23 | or to the dependent children of victims of domestic violence | ||||||
24 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
25 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
26 | such a building or other structure in the case of a person who |
| |||||||
| |||||||
1 | is going to or from such a building or other structure. | ||||||
2 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
3 | Firearm Owners Identification Card Act, and does
not include an | ||||||
4 | air rifle as defined by Section 24.8-0.1 of this Code. | ||||||
5 | "Machine gun" has the meaning ascribed to it in Section | ||||||
6 | 24-1 of this Code. | ||||||
7 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
8 | of this Code. | ||||||
9 | "Strangle" means
intentionally impeding the normal | ||||||
10 | breathing or circulation of the blood of an individual by | ||||||
11 | applying pressure on the throat
or neck of that individual or | ||||||
12 | by blocking the nose or mouth of
that individual.
| ||||||
13 | (Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
| ||||||
14 | (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
| ||||||
15 | Sec. 18-2. Armed robbery.
| ||||||
16 | (a) A person commits armed robbery when he or she violates | ||||||
17 | Section 18-1;
and
| ||||||
18 | (1) he or she carries on or about his or her person or
| ||||||
19 | is
otherwise armed with a dangerous weapon other than a | ||||||
20 | firearm; or
| ||||||
21 | (2) he or she carries on or about his or her person or | ||||||
22 | is otherwise armed
with a firearm; or
| ||||||
23 | (3) he or she, during the commission of the offense, | ||||||
24 | personally discharges
a firearm; or
| ||||||
25 | (4) he or she, during the commission of the offense, |
| |||||||
| |||||||
1 | personally discharges
a firearm that proximately causes | ||||||
2 | great bodily harm, permanent disability,
permanent | ||||||
3 | disfigurement, or death to another person.
| ||||||
4 | (b) Sentence.
| ||||||
5 | Armed robbery
in violation of subsection (a)(1)
is a Class | ||||||
6 | X felony.
A violation of subsection (a)(2) is a Class X felony | ||||||
7 | for which up to 15 years may shall
be added to the term of | ||||||
8 | imprisonment imposed by the court. A violation of
subsection | ||||||
9 | (a)(3) is a Class X felony for which 20 years shall be added to | ||||||
10 | the
term of imprisonment imposed by the court. A violation of | ||||||
11 | subsection (a)(4) is
a Class X felony for which 25 years or up | ||||||
12 | to a term of natural life may shall be
added to the term of | ||||||
13 | imprisonment imposed by the court.
| ||||||
14 | (Source: P.A. 91-404, eff. 1-1-00 .)
| ||||||
15 | (720 ILCS 5/18-4)
| ||||||
16 | Sec. 18-4. Aggravated vehicular hijacking.
| ||||||
17 | (a) A person commits aggravated vehicular hijacking when he | ||||||
18 | or she violates
Section 18-3; and
| ||||||
19 | (1) the person from whose immediate presence the motor | ||||||
20 | vehicle is
taken is a person with a physical disability or | ||||||
21 | a person 60 years of age or over;
or
| ||||||
22 | (2) a person under 16 years of age is a passenger in | ||||||
23 | the motor vehicle at
the time of the offense; or
| ||||||
24 | (3) he or she carries on or about his or her person, or | ||||||
25 | is otherwise armed
with a dangerous weapon, other than a |
| |||||||
| |||||||
1 | firearm; or
| ||||||
2 | (4) he or she carries on or about his or her person or | ||||||
3 | is otherwise armed
with a firearm; or
| ||||||
4 | (5) he or she, during the commission of the offense, | ||||||
5 | personally discharges
a firearm; or
| ||||||
6 | (6) he or she, during the commission of the offense, | ||||||
7 | personally discharges
a firearm that proximately causes | ||||||
8 | great bodily harm, permanent disability,
permanent | ||||||
9 | disfigurement, or death to another person.
| ||||||
10 | (b) Sentence. Aggravated vehicular hijacking in violation | ||||||
11 | of subsections
(a)(1) or (a)(2) is a Class X felony.
A | ||||||
12 | violation of subsection (a)(3) is a Class X
felony for which a | ||||||
13 | term of imprisonment of not less than 7 years shall be
imposed.
| ||||||
14 | A violation of subsection (a)(4) is a Class X
felony for which | ||||||
15 | up to 15 years may shall be added to the term of imprisonment | ||||||
16 | imposed by
the court. A violation of subsection (a)(5) is
a | ||||||
17 | Class X felony for which up to 20 years may shall be added to | ||||||
18 | the term of imprisonment
imposed by the court. A violation of | ||||||
19 | subsection
(a)(6) is a Class X felony for which 25 years or up | ||||||
20 | to a term of natural life
may shall be added to the term of | ||||||
21 | imprisonment imposed by the court.
| ||||||
22 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
23 | (720 ILCS 5/19-6) (was 720 ILCS 5/12-11) | ||||||
24 | Sec. 19-6. Home Invasion. | ||||||
25 | (a) A person who is not a peace officer acting
in the line |
| |||||||
| |||||||
1 | of duty commits home invasion when
without authority he or she | ||||||
2 | knowingly enters the dwelling place of another when
he or she | ||||||
3 | knows or has reason to know that one or more persons is present
| ||||||
4 | or he or she knowingly enters the dwelling place of another and | ||||||
5 | remains
in the dwelling place until he or she knows or has | ||||||
6 | reason to know that one
or more persons is present or who | ||||||
7 | falsely represents himself or herself, including but not | ||||||
8 | limited to, falsely representing himself or herself to be a | ||||||
9 | representative of any unit of government or a construction, | ||||||
10 | telecommunications, or utility company, for the purpose of | ||||||
11 | gaining entry to the dwelling place of another when he or she | ||||||
12 | knows or has reason to know that one or more persons are | ||||||
13 | present and | ||||||
14 | (1) While armed with a dangerous weapon, other than a | ||||||
15 | firearm, uses
force or threatens the
imminent
use of force | ||||||
16 | upon any person or persons within the dwelling place | ||||||
17 | whether
or not injury occurs, or | ||||||
18 | (2) Intentionally causes any injury, except as | ||||||
19 | provided in subsection
(a)(5), to any person or persons | ||||||
20 | within the dwelling place, or | ||||||
21 | (3) While armed with a firearm uses force or threatens | ||||||
22 | the imminent use of
force upon any person or persons within | ||||||
23 | the dwelling place whether or not
injury occurs, or | ||||||
24 | (4) Uses force or threatens the imminent use of force | ||||||
25 | upon any person or
persons within the dwelling place | ||||||
26 | whether or not injury occurs and during the
commission of |
| |||||||
| |||||||
1 | the offense personally discharges a firearm, or | ||||||
2 | (5) Personally discharges a firearm that proximately | ||||||
3 | causes great bodily
harm, permanent disability, permanent | ||||||
4 | disfigurement, or death to another
person within the | ||||||
5 | dwelling place, or | ||||||
6 | (6) Commits, against any person or persons within that | ||||||
7 | dwelling place, a
violation of Section 11-1.20, 11-1.30, | ||||||
8 | 11-1.40, 11-1.50, or 11-1.60 of this
Code. | ||||||
9 | (b) It is an affirmative defense to a charge of home | ||||||
10 | invasion that
the accused who knowingly enters the dwelling | ||||||
11 | place of another and remains
in the dwelling place until he or | ||||||
12 | she knows or has reason to know that one
or more persons is | ||||||
13 | present either immediately leaves the premises or
surrenders to | ||||||
14 | the person or persons lawfully present therein without either
| ||||||
15 | attempting to cause or causing serious bodily injury to any | ||||||
16 | person present
therein. | ||||||
17 | (c) Sentence. Home invasion in violation of subsection | ||||||
18 | (a)(1),
(a)(2) or (a)(6) is a Class X felony.
A violation of | ||||||
19 | subsection (a)(3) is a Class X felony for
which up to 15 years | ||||||
20 | may shall be added to the term of imprisonment imposed by the
| ||||||
21 | court. A violation of subsection (a)(4) is a Class X felony for | ||||||
22 | which 20 years
shall be added to the term of imprisonment | ||||||
23 | imposed by the court. A violation of
subsection (a)(5) is a | ||||||
24 | Class X felony for which 25 years or up to a term of
natural | ||||||
25 | life may shall be added to the term of imprisonment imposed by | ||||||
26 | the court. |
| |||||||
| |||||||
1 | (d) For purposes of this Section, "dwelling place of | ||||||
2 | another" includes
a dwelling place where the defendant
| ||||||
3 | maintains a tenancy interest but from which the defendant has | ||||||
4 | been barred by a
divorce decree, judgment of dissolution of | ||||||
5 | marriage, order of protection, or
other court order. | ||||||
6 | (Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; | ||||||
7 | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
8 | (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
| ||||||
9 | Sec. 33A-3. Sentence.
| ||||||
10 | (a) Violation of Section 33A-2(a) with a
Category I weapon | ||||||
11 | is a Class X felony for which the defendant may shall be
| ||||||
12 | sentenced to a minimum term of imprisonment of 15 years.
| ||||||
13 | (a-5) Violation of Section 33A-2(a) with a Category II | ||||||
14 | weapon
is a Class X
felony for which the defendant may shall be | ||||||
15 | sentenced to a minimum term of
imprisonment of 10 years.
| ||||||
16 | (b) Violation of Section 33A-2(a)
with a Category III | ||||||
17 | weapon is a Class 2 felony or the felony
classification | ||||||
18 | provided for the same act while unarmed, whichever
permits the | ||||||
19 | greater penalty. A second or subsequent violation of
Section | ||||||
20 | 33A-2(a) with a Category III weapon is a Class 1 felony
or the | ||||||
21 | felony classification provided for the same act while unarmed, | ||||||
22 | whichever
permits the greater penalty.
| ||||||
23 | (b-5) Violation of Section 33A-2(b) with a firearm that is | ||||||
24 | a Category I or
Category II
weapon is a Class X felony for | ||||||
25 | which the defendant may shall be sentenced to a
minimum term of |
| |||||||
| |||||||
1 | imprisonment of 20 years.
| ||||||
2 | (b-10) Violation of Section 33A-2(c) with a firearm that is | ||||||
3 | a Category I or
Category II
weapon is a Class X felony for | ||||||
4 | which the defendant may shall be sentenced to a
term of | ||||||
5 | imprisonment of not less than 25 years nor more than 40 years.
| ||||||
6 | (c) Unless sentencing under subsection (a) of Section | ||||||
7 | 5-4.5-95 of the Unified Code of Corrections (730 ILCS | ||||||
8 | 5/5-4.5-95) is applicable, any person who
violates subsection | ||||||
9 | (a) or (b) of Section 33A-2 with a
firearm, when that person | ||||||
10 | has been convicted in any state or federal court
of 3 or more | ||||||
11 | of the following offenses: treason, first degree murder, second
| ||||||
12 | degree murder, predatory criminal sexual assault of a child, | ||||||
13 | aggravated
criminal sexual assault, criminal sexual assault,
| ||||||
14 | robbery, burglary, arson, kidnaping, aggravated battery | ||||||
15 | resulting in great
bodily harm or permanent disability or | ||||||
16 | disfigurement, a violation of the Methamphetamine Control and | ||||||
17 | Community Protection Act, or a violation of Section
401(a) of | ||||||
18 | the Illinois Controlled Substances Act,
when the third offense | ||||||
19 | was committed after conviction on the second, the second
| ||||||
20 | offense was committed after conviction on the first, and the | ||||||
21 | violation of
Section 33A-2 was committed after conviction on | ||||||
22 | the third, may shall be sentenced
to a term of imprisonment of | ||||||
23 | not less than 25 years nor more than 50
years.
| ||||||
24 | (c-5) Except as otherwise provided in paragraph (b-10) or | ||||||
25 | (c) of this
Section, a person who violates Section 33A-2(a) | ||||||
26 | with a firearm that is a
Category I weapon or
Section 33A-2(b) |
| |||||||
| |||||||
1 | in any school, in any conveyance owned, leased, or contracted
| ||||||
2 | by a school to transport students to or from school or a school | ||||||
3 | related
activity, or on the real property comprising any school | ||||||
4 | or public park, and
where
the offense was related to the | ||||||
5 | activities of an organized gang, may shall be
sentenced to a | ||||||
6 | term of imprisonment of not less than the term set forth in
| ||||||
7 | subsection (a) or (b-5) of this Section, whichever is | ||||||
8 | applicable, and not more
than 30 years. For the purposes of | ||||||
9 | this subsection (c-5), "organized gang" has
the meaning | ||||||
10 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
11 | Terrorism
Omnibus Prevention Act.
| ||||||
12 | (d) For armed violence based upon a predicate offense | ||||||
13 | listed in this
subsection (d) the court
shall enter the | ||||||
14 | sentence for armed violence to run consecutively to the
| ||||||
15 | sentence imposed for the predicate offense. The offenses | ||||||
16 | covered by this
provision are:
| ||||||
17 | (i) solicitation of murder,
| ||||||
18 | (ii) solicitation of murder for hire,
| ||||||
19 | (iii) heinous battery as described in Section 12-4.1 or | ||||||
20 | subdivision (a)(2) of Section 12-3.05,
| ||||||
21 | (iv) aggravated battery of a senior citizen as | ||||||
22 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
23 | Section 12-3.05,
| ||||||
24 | (v) (blank),
| ||||||
25 | (vi) a violation of subsection (g) of Section 5 of the | ||||||
26 | Cannabis Control
Act,
|
| |||||||
| |||||||
1 | (vii) cannabis trafficking,
| ||||||
2 | (viii) a violation of subsection (a) of Section 401 of | ||||||
3 | the Illinois
Controlled Substances Act,
| ||||||
4 | (ix) controlled substance trafficking involving a | ||||||
5 | Class X felony amount of
controlled substance under Section | ||||||
6 | 401 of the Illinois Controlled Substances
Act,
| ||||||
7 | (x) calculated criminal drug conspiracy,
| ||||||
8 | (xi) streetgang criminal drug conspiracy, or | ||||||
9 | (xii) a violation of the Methamphetamine Control and | ||||||
10 | Community Protection Act.
| ||||||
11 | (Source: P.A. 95-688, eff. 10-23-07; 95-1052, eff. 7-1-09; | ||||||
12 | 96-1551, eff. 7-1-11 .)
| ||||||
13 | Section 10. The Unified Code of Corrections is amended by | ||||||
14 | changing Section 5-8-1 as follows:
| ||||||
15 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
16 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
17 | use of a firearm; mandatory supervised release terms.
| ||||||
18 | (a) Except as otherwise provided in the statute defining | ||||||
19 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
20 | imprisonment for a felony shall be a determinate sentence set | ||||||
21 | by
the court under this Section, subject to Section 5-4.5-115 | ||||||
22 | of this Code, according to the following limitations:
| ||||||
23 | (1) for first degree murder,
| ||||||
24 | (a) (blank),
|
| |||||||
| |||||||
1 | (b) if a trier of fact finds beyond a reasonable
| ||||||
2 | doubt that the murder was accompanied by exceptionally
| ||||||
3 | brutal or heinous behavior indicative of wanton | ||||||
4 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
5 | of this Section, that any of the aggravating factors
| ||||||
6 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012 are
| ||||||
8 | present, the court may sentence the defendant, subject | ||||||
9 | to Section 5-4.5-105, to a term of natural life
| ||||||
10 | imprisonment, or
| ||||||
11 | (c) the court shall sentence the defendant to a | ||||||
12 | term of natural life
imprisonment if the defendant, at | ||||||
13 | the time of the commission of the murder, had attained | ||||||
14 | the age of 18, and
| ||||||
15 | (i) has previously been convicted of first | ||||||
16 | degree murder under
any state or federal law, or
| ||||||
17 | (ii) is found guilty of murdering more
than one | ||||||
18 | victim, or
| ||||||
19 | (iii) is found guilty of murdering a peace | ||||||
20 | officer, fireman, or emergency management worker | ||||||
21 | when
the peace officer, fireman, or emergency | ||||||
22 | management worker was killed in the course of | ||||||
23 | performing his
official duties, or to prevent the | ||||||
24 | peace officer or fireman from
performing his | ||||||
25 | official duties, or in retaliation for the peace | ||||||
26 | officer,
fireman, or emergency management worker |
| |||||||
| |||||||
1 | from performing his official duties, and the | ||||||
2 | defendant knew or should
have known that the | ||||||
3 | murdered individual was a peace officer, fireman, | ||||||
4 | or emergency management worker, or
| ||||||
5 | (iv) is found guilty of murdering an employee | ||||||
6 | of an institution or
facility of the Department of | ||||||
7 | Corrections, or any similar local
correctional | ||||||
8 | agency, when the employee was killed in the course | ||||||
9 | of
performing his official duties, or to prevent | ||||||
10 | the employee from performing
his official duties, | ||||||
11 | or in retaliation for the employee performing his
| ||||||
12 | official duties, or
| ||||||
13 | (v) is found guilty of murdering an emergency | ||||||
14 | medical
technician - ambulance, emergency medical | ||||||
15 | technician - intermediate, emergency
medical | ||||||
16 | technician - paramedic, ambulance driver or other | ||||||
17 | medical assistance or
first aid person while | ||||||
18 | employed by a municipality or other governmental | ||||||
19 | unit
when the person was killed in the course of | ||||||
20 | performing official duties or
to prevent the | ||||||
21 | person from performing official duties or in | ||||||
22 | retaliation
for performing official duties and the | ||||||
23 | defendant knew or should have known
that the | ||||||
24 | murdered individual was an emergency medical | ||||||
25 | technician - ambulance,
emergency medical | ||||||
26 | technician - intermediate, emergency medical
|
| |||||||
| |||||||
1 | technician - paramedic, ambulance driver, or other | ||||||
2 | medical
assistant or first aid personnel, or
| ||||||
3 | (vi) (blank), 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 2012.
| ||||||
12 | For purposes of clause (v), "emergency medical | ||||||
13 | technician - ambulance",
"emergency medical technician - | ||||||
14 | intermediate", "emergency medical technician -
| ||||||
15 | paramedic", have the meanings ascribed to them in the | ||||||
16 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
17 | (d)(i) if the person committed the offense while | ||||||
18 | armed with a
firearm, up to 15 years may shall be | ||||||
19 | added to the term of imprisonment imposed by the
| ||||||
20 | court;
| ||||||
21 | (ii) if, during the commission of the offense, the | ||||||
22 | person
personally discharged a firearm, up to 20 years | ||||||
23 | may shall be added to the term of
imprisonment imposed | ||||||
24 | by the court;
| ||||||
25 | (iii) if, during the commission of the offense, the | ||||||
26 | person
personally discharged a firearm that |
| |||||||
| |||||||
1 | proximately caused great bodily harm,
permanent | ||||||
2 | disability, permanent disfigurement, or death to | ||||||
3 | another person, 25
years or up to a term of natural | ||||||
4 | life may shall be added to the term of
imprisonment | ||||||
5 | imposed by the court.
| ||||||
6 | (2) (blank);
| ||||||
7 | (2.5) for a person who has attained the age of 18 years
| ||||||
8 | at the time of the commission of the offense and
who is | ||||||
9 | convicted under the circumstances described in subdivision | ||||||
10 | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | ||||||
11 | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | ||||||
12 | or paragraph (2) of subsection
(d) of Section 12-14, | ||||||
13 | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | ||||||
14 | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | ||||||
15 | Section 11-1.40 or paragraph (2) of subsection (b) of | ||||||
16 | Section 12-14.1
of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012, the sentence shall be a term of | ||||||
18 | natural life
imprisonment.
| ||||||
19 | (b) (Blank).
| ||||||
20 | (c) (Blank).
| ||||||
21 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
22 | parole or mandatory
supervised release term shall be written as | ||||||
23 | part of the sentencing order and shall be as follows:
| ||||||
24 | (1) for first degree murder or a Class X felony except | ||||||
25 | for the offenses of predatory criminal sexual assault of a | ||||||
26 | child, aggravated criminal sexual assault, and criminal |
| |||||||
| |||||||
1 | sexual assault if committed on or after the effective date | ||||||
2 | of this amendatory Act of the 94th General Assembly and | ||||||
3 | except for the offense of aggravated child pornography | ||||||
4 | under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||||||
5 | sentencing under subsection (c-5) of Section 11-20.1 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
7 | committed on or after January 1, 2009, 3 years;
| ||||||
8 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
9 | the offense of criminal sexual assault if committed on or | ||||||
10 | after the effective date of this amendatory Act of the 94th | ||||||
11 | General Assembly and except for the offenses of manufacture | ||||||
12 | and dissemination of child pornography under clauses | ||||||
13 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
14 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
15 | after January 1, 2009, 2 years;
| ||||||
16 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
17 | (4) for defendants who commit the offense of predatory | ||||||
18 | criminal sexual assault of a child, aggravated criminal | ||||||
19 | sexual assault, or criminal sexual assault, on or after the | ||||||
20 | effective date of this amendatory Act of the 94th General | ||||||
21 | Assembly, or who commit the offense of aggravated child | ||||||
22 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
23 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
24 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
25 | manufacture of child pornography, or dissemination of | ||||||
26 | child pornography after January 1, 2009, the term of |
| |||||||
| |||||||
1 | mandatory supervised release shall range from a minimum of | ||||||
2 | 3 years to a maximum of the natural life of the defendant;
| ||||||
3 | (5) if the victim is under 18 years of age, for a | ||||||
4 | second or subsequent
offense of aggravated criminal sexual | ||||||
5 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
6 | the first 2 years of which the defendant shall serve in an
| ||||||
7 | electronic monitoring or home detention program under | ||||||
8 | Article 8A of Chapter V of this Code;
| ||||||
9 | (6) for a felony domestic battery, aggravated domestic | ||||||
10 | battery, stalking, aggravated stalking, and a felony | ||||||
11 | violation of an order of protection, 4 years. | ||||||
12 | (e) (Blank).
| ||||||
13 | (f) (Blank).
| ||||||
14 | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | ||||||
15 | 101-288, eff. 1-1-20 .)
|