103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5037

 

Introduced 2/8/2024, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/8-4  from Ch. 38, par. 8-4
720 ILCS 5/9-1.2  from Ch. 38, par. 9-1.2
720 ILCS 5/10-2  from Ch. 38, par. 10-2
720 ILCS 5/11-1.30  was 720 ILCS 5/12-14
720 ILCS 5/11-1.40  was 720 ILCS 5/12-14.1
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4
720 ILCS 5/18-2  from Ch. 38, par. 18-2
720 ILCS 5/18-4
720 ILCS 5/19-6  was 720 ILCS 5/12-11
730 ILCS 5/5-8-1  from Ch. 38, par. 1005-8-1

    Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm.


LRB103 37909 RLC 68041 b

 

 

A BILL FOR

 

HB5037LRB103 37909 RLC 68041 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 8-4, 9-1.2, 10-2, 11-1.30, 11-1.40, 12-3.05,
618-2, 18-4, and 19-6 as follows:
 
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
11to commit a specific offense, he or she does any act that
12constitutes a substantial step toward the commission of that
13offense.
14    (b) Impossibility.
15    It is not a defense to a charge of attempt that because of
16a misapprehension of the circumstances it would have been
17impossible for the accused to commit the offense attempted.
18    (c) Sentence.
19    A person convicted of attempt may be fined or imprisoned
20or both not to exceed the maximum provided for the offense
21attempted but, except for an attempt to commit the offense
22defined in Section 33A-2 of this Code:
23        (1) the sentence for attempt to commit first degree

 

 

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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        clauses (iii), (iv), and (v) of subsection (a)(1)(c)
5        of Section 5-8-1 of the Unified Code of Corrections is
6        present is a Class X felony for which the sentence
7        shall be a term of imprisonment of not less than 20
8        years and not more than 80 years;
9            (B) an attempt to commit first degree murder while
10        armed with a firearm is a Class X felony for which up
11        to 15 years may shall be added to the term of
12        imprisonment imposed by the court if the person
13        committed the offense while personally armed with the
14        firearm and while personally displaying the firearm;
15            (C) an attempt to commit first degree murder
16        during which the person personally discharged a
17        firearm is a Class X felony for which up to 20 years
18        may shall be added to the term of imprisonment imposed
19        by the court;
20            (D) an attempt to commit first degree murder
21        during which the person personally discharged a
22        firearm that proximately caused great bodily harm,
23        permanent disability, permanent disfigurement, or
24        death to another person is a Class X felony for which
25        up to 25 years may or up to a term of natural life
26        shall be added to the term of imprisonment imposed by

 

 

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1        the court; and
2            (E) if the defendant proves by a preponderance of
3        the evidence at sentencing that, at the time of the
4        attempted murder, he or she was acting under a sudden
5        and intense passion resulting from serious provocation
6        by the individual whom the defendant endeavored to
7        kill, or another, and, had the individual the
8        defendant endeavored to kill died, the defendant would
9        have negligently or accidentally caused that death,
10        then the sentence for the attempted murder is the
11        sentence for a Class 1 felony;
12        (2) the sentence for attempt to commit a Class X
13    felony is the sentence for a Class 1 felony;
14        (3) the sentence for attempt to commit a Class 1
15    felony is the sentence for a Class 2 felony;
16        (4) the sentence for attempt to commit a Class 2
17    felony is the sentence for a Class 3 felony; and
18        (5) the sentence for attempt to commit any felony
19    other than those specified in items (1), (2), (3), and (4)
20    of this subsection (c) is the sentence for a Class A
21    misdemeanor.
22(Source: P.A. 103-51, eff. 1-1-24.)
 
23    (720 ILCS 5/9-1.2)  (from Ch. 38, par. 9-1.2)
24    Sec. 9-1.2. Intentional homicide of an unborn child.
25    (a) A person commits the offense of intentional homicide

 

 

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1of an unborn child if, in performing acts which cause the death
2of an unborn child, he without lawful justification:
3        (1) either intended to cause the death of or do great
4    bodily harm to the pregnant individual or unborn child or
5    knew that such acts would cause death or great bodily harm
6    to the pregnant individual or unborn child; or
7        (2) knew that his acts created a strong probability of
8    death or great bodily harm to the pregnant individual or
9    unborn child; and
10        (3) knew that the individual was pregnant.
11    (b) For purposes of this Section, (1) "unborn child" shall
12mean any individual of the human species from the implantation
13of an embryo until birth, and (2) "person" shall not include
14the pregnant woman whose unborn child is killed.
15    (c) This Section shall not apply to acts which cause the
16death of an unborn child if those acts were committed during
17any abortion, as defined in Section 1-10 of the Reproductive
18Health Act, to which the pregnant individual has consented.
19This Section shall not apply to acts which were committed
20pursuant to usual and customary standards of medical practice
21during diagnostic testing or therapeutic treatment.
22    (d) Penalty. The sentence for intentional homicide of an
23unborn child shall be the same as for first degree murder,
24except that:
25        (1) (blank);
26        (2) if the person committed the offense while

 

 

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1    personally armed with a firearm, and while personally
2    displaying the firearm, up to 15 years may shall be added
3    to the term of imprisonment imposed by the court;
4        (3) if, during the commission of the offense, the
5    person personally discharged a firearm, up to 20 years may
6    shall be added to the term of imprisonment imposed by the
7    court;
8        (4) if, during the commission of the offense, the
9    person personally discharged a firearm that proximately
10    caused great bodily harm, permanent disability, permanent
11    disfigurement, or death to another person, up to 25 years
12    may or up to a term of natural life shall be added to the
13    term of imprisonment imposed by the court.
14    (e) The provisions of this Act shall not be construed to
15prohibit the prosecution of any person under any other
16provision of law.
17(Source: P.A. 103-51, eff. 1-1-24.)
 
18    (720 ILCS 5/10-2)  (from Ch. 38, par. 10-2)
19    Sec. 10-2. Aggravated kidnaping.
20    (a) A person commits the offense of aggravated kidnaping
21when he or she commits kidnapping and:
22        (1) kidnaps with the intent to obtain ransom from the
23    person kidnaped or from any other person;
24        (2) takes as his or her victim a child under the age of
25    13 years, or a person with a severe or profound

 

 

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1    intellectual disability;
2        (3) inflicts great bodily harm, other than by the
3    discharge of a firearm, or commits another felony upon his
4    or her victim;
5        (4) wears a hood, robe, or mask or conceals his or her
6    identity;
7        (5) commits the offense of kidnaping while armed with
8    a dangerous weapon, other than a firearm, as defined in
9    Section 33A-1 of this Code;
10        (6) commits the offense of kidnaping while armed with
11    a firearm;
12        (7) during the commission of the offense of kidnaping,
13    personally discharges a firearm; or
14        (8) during the commission of the offense of kidnaping,
15    personally discharges a firearm that proximately causes
16    great bodily harm, permanent disability, permanent
17    disfigurement, or death to another person.
18    As used in this Section, "ransom" includes money, benefit,
19or other valuable thing or concession.
20    (b) Sentence. Aggravated kidnaping in violation of
21paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
22Class X felony. A violation of subsection (a)(6) is a Class X
23felony for which up to 15 years may shall be added to the term
24of imprisonment imposed by the court, if the person committed
25the offense while personally armed with a firearm, and while
26personally displaying the firearm. A violation of subsection

 

 

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1(a)(7) is a Class X felony for which up to 20 years may shall
2be added to the term of imprisonment imposed by the court. A
3violation of subsection (a)(8) is a Class X felony for which up
4to 25 years may or up to a term of natural life shall be added
5to the term of imprisonment imposed by the court. An offender
6under the age of 18 years at the time of the commission of
7aggravated kidnaping in violation of paragraphs (1) through
8(8) of subsection (a) shall be sentenced under Section
95-4.5-105 of the Unified Code of Corrections.
10    A person who has attained the age of 18 years at the time
11of the commission of the offense and who is convicted of a
12second or subsequent offense of aggravated kidnaping shall be
13sentenced to a term of natural life imprisonment; except that
14a sentence of natural life imprisonment shall not be imposed
15under this Section unless the second or subsequent offense was
16committed after conviction on the first offense. An offender
17under the age of 18 years at the time of the commission of the
18second or subsequent offense shall be sentenced under Section
195-4.5-105 of the Unified Code of Corrections.
20(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
2199-642, eff. 7-28-16.)
 
22    (720 ILCS 5/11-1.30)  (was 720 ILCS 5/12-14)
23    Sec. 11-1.30. Aggravated Criminal Sexual Assault.
24    (a) A person commits aggravated criminal sexual assault if
25that person commits criminal sexual assault and any of the

 

 

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1following aggravating circumstances exist during the
2commission of the offense or, for purposes of paragraph (7),
3occur as part of the same course of conduct as the commission
4of the offense:
5        (1) the person displays, threatens to use, or uses a
6    dangerous weapon, other than a firearm, or any other
7    object fashioned or used in a manner that leads the
8    victim, under the circumstances, reasonably to believe
9    that the object is a dangerous weapon;
10        (2) the person causes bodily harm to the victim,
11    except as provided in paragraph (10);
12        (3) the person acts in a manner that threatens or
13    endangers the life of the victim or any other person;
14        (4) the person commits the criminal sexual assault
15    during the course of committing or attempting to commit
16    any other felony;
17        (5) the victim is 60 years of age or older;
18        (6) the victim is a person with a physical disability;
19        (7) the person delivers (by injection, inhalation,
20    ingestion, transfer of possession, or any other means) any
21    controlled substance to the victim without the victim's
22    consent or by threat or deception for other than medical
23    purposes;
24        (8) the person is armed with a firearm;
25        (9) the person personally discharges a firearm during
26    the commission of the offense; or

 

 

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1        (10) the person personally discharges a firearm during
2    the commission of the offense, and that discharge
3    proximately causes great bodily harm, permanent
4    disability, permanent disfigurement, or death to another
5    person.
6    (b) A person commits aggravated criminal sexual assault if
7that person is under 17 years of age and: (i) commits an act of
8sexual penetration with a victim who is under 9 years of age;
9or (ii) commits an act of sexual penetration with a victim who
10is at least 9 years of age but under 13 years of age and the
11person uses force or threat of force to commit the act.
12    (c) A person commits aggravated criminal sexual assault if
13that person commits an act of sexual penetration with a victim
14who is a person with a severe or profound intellectual
15disability.
16    (d) Sentence.
17        (1) Aggravated criminal sexual assault in violation of
18    paragraph (2), (3), (4), (5), (6), or (7) of subsection
19    (a) or in violation of subsection (b) or (c) is a Class X
20    felony. A violation of subsection (a)(1) is a Class X
21    felony for which 10 years shall be added to the term of
22    imprisonment imposed by the court. A violation of
23    subsection (a)(8) is a Class X felony for which up to 15
24    years may shall be added to the term of imprisonment
25    imposed by the court, if the person committed the offense
26    while personally armed with a firearm, and while

 

 

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1    personally displaying the firearm. A violation of
2    subsection (a)(9) is a Class X felony for which 20 years
3    shall be added to the term of imprisonment imposed by the
4    court. A violation of subsection (a)(10) is a Class X
5    felony for which 25 years or up to a term of natural life
6    imprisonment shall be added to the term of imprisonment
7    imposed by the court. An offender under the age of 18 years
8    at the time of the commission of aggravated criminal
9    sexual assault in violation of paragraphs (1) through (10)
10    of subsection (a) shall be sentenced under Section
11    5-4.5-105 of the Unified Code of Corrections.
12        (2) A person who has attained the age of 18 years at
13    the time of the commission of the offense and who is
14    convicted of a second or subsequent offense of aggravated
15    criminal sexual assault, or who is convicted of the
16    offense of aggravated criminal sexual assault after having
17    previously been convicted of the offense of criminal
18    sexual assault or the offense of predatory criminal sexual
19    assault of a child, or who is convicted of the offense of
20    aggravated criminal sexual assault after having previously
21    been convicted under the laws of this or any other state of
22    an offense that is substantially equivalent to the offense
23    of criminal sexual assault, the offense of aggravated
24    criminal sexual assault or the offense of predatory
25    criminal sexual assault of a child, shall be sentenced to
26    a term of natural life imprisonment. The commission of the

 

 

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1    second or subsequent offense is required to have been
2    after the initial conviction for this paragraph (2) to
3    apply. An offender under the age of 18 years at the time of
4    the commission of the offense covered by this paragraph
5    (2) shall be sentenced under Section 5-4.5-105 of the
6    Unified Code of Corrections.
7(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
899-642, eff. 7-28-16.)
 
9    (720 ILCS 5/11-1.40)  (was 720 ILCS 5/12-14.1)
10    Sec. 11-1.40. Predatory criminal sexual assault of a
11child.
12    (a) A person commits predatory criminal sexual assault of
13a child if that person is 17 years of age or older, and commits
14an act of contact, however slight, between the sex organ or
15anus of one person and the part of the body of another for the
16purpose of sexual gratification or arousal of the victim or
17the accused, or an act of sexual penetration, and:
18        (1) the victim is under 13 years of age; or
19        (2) the victim is under 13 years of age and that
20    person:
21            (A) is armed with a firearm;
22            (B) personally discharges a firearm during the
23        commission of the offense;
24            (C) causes great bodily harm to the victim that:
25                (i) results in permanent disability; or

 

 

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1                (ii) is life threatening; or
2            (D) delivers (by injection, inhalation, ingestion,
3        transfer of possession, or any other means) any
4        controlled substance to the victim without the
5        victim's consent or by threat or deception, for other
6        than medical purposes.
7    (b) Sentence.
8        (1) A person convicted of a violation of subsection
9    (a)(1) commits a Class X felony, for which the person
10    shall be sentenced to a term of imprisonment of not less
11    than 6 years and not more than 60 years. A person convicted
12    of a violation of subsection (a)(2)(A) commits a Class X
13    felony for which up to 15 years may shall be added to the
14    term of imprisonment imposed by the court, if the person
15    committed the offense while personally armed with a
16    firearm, and while personally displaying the firearm. A
17    person convicted of a violation of subsection (a)(2)(B)
18    commits a Class X felony for which up to 20 years may shall
19    be added to the term of imprisonment imposed by the court.
20    A person who has attained the age of 18 years at the time
21    of the commission of the offense and who is convicted of a
22    violation of subsection (a)(2)(C) commits a Class X felony
23    for which the person shall be sentenced to a term of
24    imprisonment of not less than 50 years or up to a term of
25    natural life imprisonment. An offender under the age of 18
26    years at the time of the commission of predatory criminal

 

 

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1    sexual assault of a child in violation of subsections
2    (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be
3    sentenced under Section 5-4.5-105 of the Unified Code of
4    Corrections.
5        (1.1) A person convicted of a violation of subsection
6    (a)(2)(D) commits a Class X felony for which the person
7    shall be sentenced to a term of imprisonment of not less
8    than 50 years and not more than 60 years. An offender under
9    the age of 18 years at the time of the commission of
10    predatory criminal sexual assault of a child in violation
11    of subsection (a)(2)(D) shall be sentenced under Section
12    5-4.5-105 of the Unified Code of Corrections.
13        (1.2) A person who has attained the age of 18 years at
14    the time of the commission of the offense and convicted of
15    predatory criminal sexual assault of a child committed
16    against 2 or more persons regardless of whether the
17    offenses occurred as the result of the same act or of
18    several related or unrelated acts shall be sentenced to a
19    term of natural life imprisonment and an offender under
20    the age of 18 years at the time of the commission of the
21    offense shall be sentenced under Section 5-4.5-105 of the
22    Unified Code of Corrections.
23        (2) A person who has attained the age of 18 years at
24    the time of the commission of the offense and who is
25    convicted of a second or subsequent offense of predatory
26    criminal sexual assault of a child, or who is convicted of

 

 

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1    the offense of predatory criminal sexual assault of a
2    child after having previously been convicted of the
3    offense of criminal sexual assault or the offense of
4    aggravated criminal sexual assault, or who is convicted of
5    the offense of predatory criminal sexual assault of a
6    child after having previously been convicted under the
7    laws of this State or any other state of an offense that is
8    substantially equivalent to the offense of predatory
9    criminal sexual assault of a child, the offense of
10    aggravated criminal sexual assault or the offense of
11    criminal sexual assault, shall be sentenced to a term of
12    natural life imprisonment. The commission of the second or
13    subsequent offense is required to have been after the
14    initial conviction for this paragraph (2) to apply. An
15    offender under the age of 18 years at the time of the
16    commission of the offense covered by this paragraph (2)
17    shall be sentenced under Section 5-4.5-105 of the Unified
18    Code of Corrections.
19(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14;
2098-903, eff. 8-15-14; 99-69, eff. 1-1-16.)
 
21    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
22    Sec. 12-3.05. Aggravated battery.
23    (a) Offense based on injury. A person commits aggravated
24battery when, in committing a battery, other than by the
25discharge of a firearm, he or she knowingly does any of the

 

 

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1following:
2        (1) Causes great bodily harm or permanent disability
3    or disfigurement.
4        (2) Causes severe and permanent disability, great
5    bodily harm, or disfigurement by means of a caustic or
6    flammable substance, a poisonous gas, a deadly biological
7    or chemical contaminant or agent, a radioactive substance,
8    or a bomb or explosive compound.
9        (3) Causes great bodily harm or permanent disability
10    or disfigurement to an individual whom the person knows to
11    be a peace officer, community policing volunteer, fireman,
12    private security officer, correctional institution
13    employee, or Department of Human Services employee
14    supervising or controlling sexually dangerous persons or
15    sexually violent persons:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (4) Causes great bodily harm or permanent disability
22    or disfigurement to an individual 60 years of age or
23    older.
24        (5) Strangles another individual.
25    (b) Offense based on injury to a child or person with an
26intellectual disability. A person who is at least 18 years of

 

 

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1age commits aggravated battery when, in committing a battery,
2he or she knowingly and without legal justification by any
3means:
4        (1) causes great bodily harm or permanent disability
5    or disfigurement to any child under the age of 13 years, or
6    to 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
12aggravated battery when, in committing a battery, other than
13by the discharge of a firearm, he or she is or the person
14battered is on or about a public way, public property, a public
15place of accommodation or amusement, a sports venue, or a
16domestic violence shelter, or in a church, synagogue, mosque,
17or other building, structure, or place used for religious
18worship.
19    (d) Offense based on status of victim. A person commits
20aggravated battery when, in committing a battery, other than
21by discharge of a firearm, he or she knows the individual
22battered to be any of the following:
23        (1) A person 60 years of age or older.
24        (2) A person who is pregnant or has a physical
25    disability.
26        (3) A teacher or school employee upon school grounds

 

 

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1    or grounds adjacent to a school or in any part of a
2    building used for school purposes.
3        (4) A peace officer, community policing volunteer,
4    fireman, private security officer, correctional
5    institution employee, or Department of Human Services
6    employee supervising or controlling sexually dangerous
7    persons or sexually violent persons:
8            (i) performing his or her official duties;
9            (ii) battered to prevent performance of his or her
10        official duties; or
11            (iii) battered in retaliation for performing his
12        or her official duties.
13        (5) A judge, emergency management worker, emergency
14    medical services personnel, or utility worker:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (6) An officer or employee of the State of Illinois, a
21    unit of local government, or a school district, while
22    performing his or her official duties.
23        (7) A transit employee performing his or her official
24    duties, or a transit passenger.
25        (8) A taxi driver on duty.
26        (9) A merchant who detains the person for an alleged

 

 

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1    commission of retail theft under Section 16-26 of this
2    Code and the person without legal justification by any
3    means causes bodily harm to the merchant.
4        (10) A person authorized to serve process under
5    Section 2-202 of the Code of Civil Procedure or a special
6    process server appointed by the circuit court while that
7    individual is in the performance of his or her duties as a
8    process server.
9        (11) A nurse while in the performance of his or her
10    duties as a nurse.
11        (12) A merchant: (i) while performing his or her
12    duties, including, but not limited to, relaying directions
13    for healthcare or safety from his or her supervisor or
14    employer or relaying health or safety guidelines,
15    recommendations, regulations, or rules from a federal,
16    State, or local public health agency; and (ii) during a
17    disaster declared by the Governor, or a state of emergency
18    declared by the mayor of the municipality in which the
19    merchant is located, due to a public health emergency and
20    for a period of 6 months after such declaration.
21    (e) Offense based on use of a firearm. A person commits
22aggravated battery when, in committing a battery, he or she
23knowingly does any of the following:
24        (1) Discharges a firearm, other than a machine gun or
25    a firearm equipped with a silencer, and causes any injury
26    to another person.

 

 

HB5037- 19 -LRB103 37909 RLC 68041 b

1        (2) Discharges a firearm, other than a machine gun or
2    a firearm equipped with a silencer, and causes any injury
3    to a person he or she knows to be a peace officer,
4    community policing volunteer, person summoned by a police
5    officer, fireman, private security officer, correctional
6    institution employee, or emergency management worker:
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        (3) Discharges a firearm, other than a machine gun or
13    a firearm equipped with a silencer, and causes any injury
14    to a person he or she knows to be emergency medical
15    services personnel:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (4) Discharges a firearm and causes any injury to a
22    person he or she knows to be a teacher, a student in a
23    school, or a school employee, and the teacher, student, or
24    employee is upon school grounds or grounds adjacent to a
25    school or in any part of a building used for school
26    purposes.

 

 

HB5037- 20 -LRB103 37909 RLC 68041 b

1        (5) Discharges a machine gun or a firearm equipped
2    with a silencer, and causes any injury to another person.
3        (6) Discharges a machine gun or a firearm equipped
4    with a silencer, and causes any injury to a person he or
5    she knows to be a peace officer, community policing
6    volunteer, person summoned by a police officer, fireman,
7    private security officer, correctional institution
8    employee or emergency management worker:
9            (i) performing his or her official duties;
10            (ii) battered to prevent performance of his or her
11        official duties; or
12            (iii) battered in retaliation for performing his
13        or her official duties.
14        (7) Discharges a machine gun or a firearm equipped
15    with a silencer, and causes any injury to a person he or
16    she knows to be emergency medical services personnel:
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        (8) Discharges a machine gun or a firearm equipped
23    with a silencer, and causes any injury to a person he or
24    she knows to be a teacher, or a student in a school, or a
25    school employee, and the teacher, student, or employee is
26    upon school grounds or grounds adjacent to a school or in

 

 

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1    any part of a building used for school purposes.
2    (f) Offense based on use of a weapon or device. A person
3commits aggravated battery when, in committing a battery, he
4or she does any of the following:
5        (1) Uses a deadly weapon other than by discharge of a
6    firearm, or uses an air rifle as defined in Section
7    24.8-0.1 of this Code.
8        (2) Wears a hood, robe, or mask to conceal his or her
9    identity.
10        (3) Knowingly and without lawful justification shines
11    or flashes a laser gunsight or other laser device attached
12    to a firearm, or used in concert with a firearm, so that
13    the laser beam strikes upon or against the person of
14    another.
15        (4) Knowingly video or audio records the offense with
16    the intent to disseminate the recording.
17    (g) Offense based on certain conduct. A person commits
18aggravated battery when, other than by discharge of a firearm,
19he or she does any of the following:
20        (1) Violates Section 401 of the Illinois Controlled
21    Substances Act by unlawfully delivering a controlled
22    substance to another and any user experiences great bodily
23    harm or permanent disability as a result of the injection,
24    inhalation, or ingestion of any amount of the controlled
25    substance.
26        (2) Knowingly administers to an individual or causes

 

 

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1    him or her to take, without his or her consent or by threat
2    or deception, and for other than medical purposes, any
3    intoxicating, poisonous, stupefying, narcotic,
4    anesthetic, or controlled substance, or gives to another
5    person any food containing any substance or object
6    intended to cause physical injury if eaten.
7        (3) Knowingly causes or attempts to cause a
8    correctional institution employee or Department of Human
9    Services employee to come into contact with blood, seminal
10    fluid, urine, or feces by throwing, tossing, or expelling
11    the fluid or material, and the person is an inmate of a
12    penal institution or is a sexually dangerous person or
13    sexually violent person in the custody of the Department
14    of Human Services.
15    (h) Sentence. Unless otherwise provided, aggravated
16battery is a Class 3 felony.
17    Aggravated battery as defined in subdivision (a)(4),
18(d)(4), or (g)(3) is a Class 2 felony.
19    Aggravated battery as defined in subdivision (a)(3) or
20(g)(1) is a Class 1 felony.
21    Aggravated battery as defined in subdivision (a)(1) is a
22Class 1 felony when the aggravated battery was intentional and
23involved the infliction of torture, as defined in paragraph
24(10) of subsection (b-5) of Section 5-8-1 of the Unified Code
25of Corrections, as the infliction of or subjection to extreme
26physical pain, motivated by an intent to increase or prolong

 

 

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1the pain, suffering, or agony of the victim.
2    Aggravated battery as defined in subdivision (a)(1) is a
3Class 2 felony when the person causes great bodily harm or
4permanent disability to an individual whom the person knows to
5be a member of a congregation engaged in prayer or other
6religious activities at a church, synagogue, mosque, or other
7building, structure, or place used for religious worship.
8    Aggravated battery under subdivision (a)(5) is a Class 1
9felony if:
10        (A) the person used or attempted to use a dangerous
11    instrument while committing the offense;
12        (B) the person caused great bodily harm or permanent
13    disability or disfigurement to the other person while
14    committing the offense; or
15        (C) the person has been previously convicted of a
16    violation of subdivision (a)(5) under the laws of this
17    State or laws similar to subdivision (a)(5) of any other
18    state.
19    Aggravated battery as defined in subdivision (e)(1) is a
20Class X felony.
21    Aggravated battery as defined in subdivision (a)(2) is a
22Class X felony for which a person shall be sentenced to a term
23of imprisonment of a minimum of 6 years and a maximum of 45
24years.
25    Aggravated battery as defined in subdivision (e)(5) is a
26Class X felony for which a person shall be sentenced to a term

 

 

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1of imprisonment of a minimum of 12 years and a maximum of 45
2years.
3    Aggravated battery as defined in subdivision (e)(2),
4(e)(3), or (e)(4) is a Class X felony for which a person shall
5be sentenced to a term of imprisonment of a minimum of 15 years
6and a maximum of 60 years.
7    Aggravated battery as defined in subdivision (e)(6),
8(e)(7), or (e)(8) is a Class X felony for which a person shall
9be sentenced to a term of imprisonment of a minimum of 20 years
10and a maximum of 60 years.
11    Aggravated battery as defined in subdivision (b)(1) is a
12Class X felony, except that:
13        (1) if the person committed the offense while
14    personally armed with a firearm, and while personally
15    displaying the firearm, up to 15 years may 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, up to 20 years may
19    shall be added to the term of imprisonment imposed by the
20    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 another person, up to 25 years
25    may or up to a term of natural life shall be added to the
26    term of imprisonment imposed by the court.

 

 

HB5037- 25 -LRB103 37909 RLC 68041 b

1    (i) Definitions. In this Section:
2    "Building or other structure used to provide shelter" has
3the meaning ascribed to "shelter" in Section 1 of the Domestic
4Violence Shelters Act.
5    "Domestic violence" has the meaning ascribed to it in
6Section 103 of the Illinois Domestic Violence Act of 1986.
7    "Domestic violence shelter" means any building or other
8structure used to provide shelter or other services to victims
9or to the dependent children of victims of domestic violence
10pursuant to the Illinois Domestic Violence Act of 1986 or the
11Domestic Violence Shelters Act, or any place within 500 feet
12of such a building or other structure in the case of a person
13who is going to or from such a building or other structure.
14    "Firearm" has the meaning provided under Section 1.1 of
15the Firearm Owners Identification Card Act, and does not
16include an air rifle as defined by Section 24.8-0.1 of this
17Code.
18    "Machine gun" has the meaning ascribed to it in Section
1924-1 of this Code.
20    "Merchant" has the meaning ascribed to it in Section
2116-0.1 of this Code.
22    "Strangle" means intentionally impeding the normal
23breathing or circulation of the blood of an individual by
24applying pressure on the throat or neck of that individual or
25by blocking the nose or mouth of that individual.
26(Source: P.A. 103-51, eff. 1-1-24.)
 

 

 

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1    (720 ILCS 5/18-2)  (from Ch. 38, par. 18-2)
2    Sec. 18-2. Armed robbery.
3    (a) A person commits armed robbery when he or she violates
4Section 18-1; and
5        (1) he or she carries on or about his or her person or
6    is otherwise armed with a dangerous weapon other than a
7    firearm; or
8        (2) he or she carries on or about his or her person or
9    is otherwise armed with a firearm; or
10        (3) he or she, during the commission of the offense,
11    personally discharges a firearm; or
12        (4) he or she, during the commission of the offense,
13    personally discharges a firearm that proximately causes
14    great bodily harm, permanent disability, permanent
15    disfigurement, or death to another person.
16    (b) Sentence.
17    Armed robbery in violation of subsection (a)(1) is a Class
18X felony. A violation of subsection (a)(2) is a Class X felony
19for which up to 15 years may shall be added to the term of
20imprisonment imposed by the court, if the person committed the
21offense while personally armed with a firearm, and while
22personally displaying the firearm. A violation of subsection
23(a)(3) is a Class X felony for which up to 20 years may shall
24be added to the term of imprisonment imposed by the court. A
25violation of subsection (a)(4) is a Class X felony for which up

 

 

HB5037- 27 -LRB103 37909 RLC 68041 b

1to 25 years may or up to a term of natural life shall be added
2to the term of imprisonment imposed by the court.
3(Source: P.A. 91-404, eff. 1-1-00.)
 
4    (720 ILCS 5/18-4)
5    Sec. 18-4. Aggravated vehicular hijacking.
6    (a) A person commits aggravated vehicular hijacking when
7he or she violates Section 18-3; and
8        (1) the person from whose immediate presence the motor
9    vehicle is taken is a person with a physical disability or
10    a person 60 years of age or over; or
11        (2) a person under 16 years of age is a passenger in
12    the motor vehicle at the time of the offense; or
13        (3) he or she carries on or about his or her person, or
14    is otherwise armed with a dangerous weapon, other than a
15    firearm; or
16        (4) he or she carries on or about his or her person or
17    is otherwise armed with a firearm; or
18        (5) he or she, during the commission of the offense,
19    personally discharges a firearm; or
20        (6) he or she, during the commission of the offense,
21    personally discharges a firearm that proximately causes
22    great bodily harm, permanent disability, permanent
23    disfigurement, or death to another person.
24    (b) Sentence. Aggravated vehicular hijacking in violation
25of subsections (a)(1) or (a)(2) is a Class X felony. A

 

 

HB5037- 28 -LRB103 37909 RLC 68041 b

1violation of subsection (a)(3) is a Class X felony for which a
2term of imprisonment of not less than 7 years shall be imposed.
3A violation of subsection (a)(4) is a Class X felony for which
4up to 15 years may shall be added to the term of imprisonment
5imposed by the court, if the person committed the offense
6while personally armed with a firearm, and while personally
7displaying the firearm. A violation of subsection (a)(5) is a
8Class X felony for which up to 20 years may shall be added to
9the term of imprisonment imposed by the court. A violation of
10subsection (a)(6) is a Class X felony for which up to 25 years
11may or up to a term of natural life shall be added to the term
12of imprisonment imposed by the court.
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    (720 ILCS 5/19-6)  (was 720 ILCS 5/12-11)
15    Sec. 19-6. Home Invasion.
16    (a) A person who is not a peace officer acting in the line
17of duty commits home invasion when without authority he or she
18knowingly enters the dwelling place of another when he or she
19knows or has reason to know that one or more persons is present
20or he or she knowingly enters the dwelling place of another and
21remains in the dwelling place until he or she knows or has
22reason to know that one or more persons is present or who
23falsely represents himself or herself, including but not
24limited to, falsely representing himself or herself to be a
25representative of any unit of government or a construction,

 

 

HB5037- 29 -LRB103 37909 RLC 68041 b

1telecommunications, or utility company, for the purpose of
2gaining entry to the dwelling place of another when he or she
3knows or has reason to know that one or more persons are
4present and
5        (1) While armed with a dangerous weapon, other than a
6    firearm, uses force or threatens the imminent use of force
7    upon any person or persons within the dwelling place
8    whether or not injury occurs, or
9        (2) Intentionally causes any injury, except as
10    provided in subsection (a)(5), to any person or persons
11    within the dwelling place, or
12        (3) While armed with a firearm uses force or threatens
13    the imminent use of force upon any person or persons
14    within the dwelling place whether or not injury occurs, or
15        (4) 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 and during the commission of
18    the offense personally discharges a firearm, or
19        (5) Personally discharges a firearm that proximately
20    causes great bodily harm, permanent disability, permanent
21    disfigurement, or death to another person within the
22    dwelling place, or
23        (6) Commits, against any person or persons within that
24    dwelling place, a violation of Section 11-1.20, 11-1.30,
25    11-1.40, 11-1.50, or 11-1.60 of this Code.
26    (b) It is an affirmative defense to a charge of home

 

 

HB5037- 30 -LRB103 37909 RLC 68041 b

1invasion that the accused who knowingly enters the dwelling
2place of another and remains in the dwelling place until he or
3she knows or has reason to know that one or more persons is
4present either immediately leaves the premises or surrenders
5to the person or persons lawfully present therein without
6either attempting to cause or causing serious bodily injury to
7any person present therein.
8    (c) Sentence. Home invasion in violation of subsection
9(a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of
10subsection (a)(3) is a Class X felony for which up to 15 years
11may shall be added to the term of imprisonment imposed by the
12court. A violation of subsection (a)(4) is a Class X felony for
13which 20 years shall be added to the term of imprisonment
14imposed by the court, if the person committed the offense
15while personally armed with a firearm, and while personally
16displaying the firearm. A violation of subsection (a)(5) is a
17Class X felony for which up to 25 years may or up to a term of
18natural life shall be added to the term of imprisonment
19imposed by the court.
20    (d) For purposes of this Section, "dwelling place of
21another" includes a dwelling place where the defendant
22maintains a tenancy interest but from which the defendant has
23been barred by a divorce decree, judgment of dissolution of
24marriage, order of protection, or other court order.
25(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11;
2697-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 

 

 

HB5037- 31 -LRB103 37909 RLC 68041 b

1    Section 10. The Unified Code of Corrections is amended by
2changing Section 5-8-1 as follows:
 
3    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
4    Sec. 5-8-1. Natural life imprisonment; enhancements for
5use of a firearm; mandatory supervised release terms.
6    (a) Except as otherwise provided in the statute defining
7the offense or in Article 4.5 of Chapter V, a sentence of
8imprisonment for a felony shall be a determinate sentence set
9by the court under this Section, subject to Section 5-4.5-115
10of this Code, according to the following limitations:
11        (1) for first degree murder,
12            (a) (blank),
13            (b) if a trier of fact finds beyond a reasonable
14        doubt that the murder was accompanied by exceptionally
15        brutal or heinous behavior indicative of wanton
16        cruelty or, except as set forth in subsection
17        (a)(1)(c) of this Section, that any of the aggravating
18        factors listed in subparagraph (b-5) are present, the
19        court may sentence the defendant, subject to Section
20        5-4.5-105, to a term of natural life imprisonment, or
21            (b-5) A defendant who at the time of the
22        commission of the offense has attained the age of 18 or
23        more and who has been found guilty of first degree
24        murder may be sentenced to a term of natural life

 

 

HB5037- 32 -LRB103 37909 RLC 68041 b

1        imprisonment if:
2                (1) the murdered individual was an inmate at
3            an institution or facility of the Department of
4            Corrections, or any similar local correctional
5            agency and was killed on the grounds thereof, or
6            the murdered individual was otherwise present in
7            such institution or facility with the knowledge
8            and approval of the chief administrative officer
9            thereof;
10                (2) the murdered individual was killed as a
11            result of the hijacking of an airplane, train,
12            ship, bus, or other public conveyance;
13                (3) the defendant committed the murder
14            pursuant to a contract, agreement, or
15            understanding by which he or she was to receive
16            money or anything of value in return for
17            committing the murder or procured another to
18            commit the murder for money or anything of value;
19                (4) the murdered individual was killed in the
20            course of another felony if:
21                    (A) the murdered individual:
22                        (i) was actually killed by the
23                    defendant, or
24                        (ii) received physical injuries
25                    personally inflicted by the defendant
26                    substantially contemporaneously with

 

 

HB5037- 33 -LRB103 37909 RLC 68041 b

1                    physical injuries caused by one or more
2                    persons for whose conduct the defendant is
3                    legally accountable under Section 5-2 of
4                    this Code, and the physical injuries
5                    inflicted by either the defendant or the
6                    other person or persons for whose conduct
7                    he is legally accountable caused the death
8                    of the murdered individual; and (B) in
9                    performing the acts which caused the death
10                    of the murdered individual or which
11                    resulted in physical injuries personally
12                    inflicted by the defendant on the murdered
13                    individual under the circumstances of
14                    subdivision (ii) of clause (A) of this
15                    clause (4), the defendant acted with the
16                    intent to kill the murdered individual or
17                    with the knowledge that his or her acts
18                    created a strong probability of death or
19                    great bodily harm to the murdered
20                    individual or another; and
21                    (B) in performing the acts which caused
22                the death of the murdered individual or which
23                resulted in physical injuries personally
24                inflicted by the defendant on the murdered
25                individual under the circumstances of
26                subdivision (ii) of clause (A) of this clause

 

 

HB5037- 34 -LRB103 37909 RLC 68041 b

1                (4), the defendant acted with the intent to
2                kill the murdered individual or with the
3                knowledge that his or her acts created a
4                strong probability of death or great bodily
5                harm to the murdered individual or another;
6                and
7                    (C) the other felony was an inherently
8                violent crime or the attempt to commit an
9                inherently violent crime. In this clause (C),
10                "inherently violent crime" includes, but is
11                not limited to, armed robbery, robbery,
12                predatory criminal sexual assault of a child,
13                aggravated criminal sexual assault, aggravated
14                kidnapping, aggravated vehicular hijacking,
15                aggravated arson, aggravated stalking,
16                residential burglary, and home invasion;
17                (5) the defendant committed the murder with
18            intent to prevent the murdered individual from
19            testifying or participating in any criminal
20            investigation or prosecution or giving material
21            assistance to the State in any investigation or
22            prosecution, either against the defendant or
23            another; or the defendant committed the murder
24            because the murdered individual was a witness in
25            any prosecution or gave material assistance to the
26            State in any investigation or prosecution, either

 

 

HB5037- 35 -LRB103 37909 RLC 68041 b

1            against the defendant or another; for purposes of
2            this clause (5), "participating in any criminal
3            investigation or prosecution" is intended to
4            include those appearing in the proceedings in any
5            capacity such as trial judges, prosecutors,
6            defense attorneys, investigators, witnesses, or
7            jurors;
8                (6) the defendant, while committing an offense
9            punishable under Section 401, 401.1, 401.2, 405,
10            405.2, 407 or 407.1 or subsection (b) of Section
11            404 of the Illinois Controlled Substances Act, or
12            while engaged in a conspiracy or solicitation to
13            commit such offense, intentionally killed an
14            individual or counseled, commanded, induced,
15            procured or caused the intentional killing of the
16            murdered individual;
17                (7) the defendant was incarcerated in an
18            institution or facility of the Department of
19            Corrections at the time of the murder, and while
20            committing an offense punishable as a felony under
21            Illinois law, or while engaged in a conspiracy or
22            solicitation to commit such offense, intentionally
23            killed an individual or counseled, commanded,
24            induced, procured or caused the intentional
25            killing of the murdered individual;
26                (8) the murder was committed in a cold,

 

 

HB5037- 36 -LRB103 37909 RLC 68041 b

1            calculated and premeditated manner pursuant to a
2            preconceived plan, scheme or design to take a
3            human life by unlawful means, and the conduct of
4            the defendant created a reasonable expectation
5            that the death of a human being would result
6            therefrom;
7                (9) the defendant was a principal
8            administrator, organizer, or leader of a
9            calculated criminal drug conspiracy consisting of
10            a hierarchical position of authority superior to
11            that of all other members of the conspiracy, and
12            the defendant counseled, commanded, induced,
13            procured, or caused the intentional killing of the
14            murdered person;
15                (10) the murder was intentional and involved
16            the infliction of torture. For the purpose of this
17            clause (10), torture means the infliction of or
18            subjection to extreme physical pain, motivated by
19            an intent to increase or prolong the pain,
20            suffering or agony of the victim;
21                (11) the murder was committed as a result of
22            the intentional discharge of a firearm by the
23            defendant from a motor vehicle and the victim was
24            not present within the motor vehicle;
25                (12) the murdered individual was a person with
26            a disability and the defendant knew or should have

 

 

HB5037- 37 -LRB103 37909 RLC 68041 b

1            known that the murdered individual was a person
2            with a disability. For purposes of this clause
3            (12), "person with a disability" means a person
4            who suffers from a permanent physical or mental
5            impairment resulting from disease, an injury, a
6            functional disorder, or a congenital condition
7            that renders the person incapable of adequately
8            providing for his or her own health or personal
9            care;
10                (13) the murdered individual was subject to an
11            order of protection and the murder was committed
12            by a person against whom the same order of
13            protection was issued under the Illinois Domestic
14            Violence Act of 1986;
15                (14) the murdered individual was known by the
16            defendant to be a teacher or other person employed
17            in any school and the teacher or other employee is
18            upon the grounds of a school or grounds adjacent
19            to a school, or is in any part of a building used
20            for school purposes;
21                (15) the murder was committed by the defendant
22            in connection with or as a result of the offense of
23            terrorism as defined in Section 29D-14.9 of this
24            Code;
25                (16) the murdered individual was a member of a
26            congregation engaged in prayer or other religious

 

 

HB5037- 38 -LRB103 37909 RLC 68041 b

1            activities at a church, synagogue, mosque, or
2            other building, structure, or place used for
3            religious worship; or
4                (17)(i) the murdered individual was a
5            physician, physician assistant, psychologist,
6            nurse, or advanced practice registered nurse;
7                (ii) the defendant knew or should have known
8            that the murdered individual was a physician,
9            physician assistant, psychologist, nurse, or
10            advanced practice registered nurse; and
11                (iii) the murdered individual was killed in
12            the course of acting in his or her capacity as a
13            physician, physician assistant, psychologist,
14            nurse, or advanced practice registered nurse, or
15            to prevent him or her from acting in that
16            capacity, or in retaliation for his or her acting
17            in that capacity.
18            (c) the court shall sentence the defendant to a
19        term of natural life imprisonment if the defendant, at
20        the time of the commission of the murder, had attained
21        the age of 18, and:
22                (i) has previously been convicted of first
23            degree murder under any state or federal law, or
24                (ii) is found guilty of murdering more than
25            one victim, or
26                (iii) is found guilty of murdering a peace

 

 

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1            officer, fireman, or emergency management worker
2            when the peace officer, fireman, or emergency
3            management worker was killed in the course of
4            performing his official duties, or to prevent the
5            peace officer or fireman from performing his
6            official duties, or in retaliation for the peace
7            officer, fireman, or emergency management worker
8            from performing his official duties, and the
9            defendant knew or should have known that the
10            murdered individual was a peace officer, fireman,
11            or emergency management worker, or
12                (iv) is found guilty of murdering an employee
13            of an institution or facility of the Department of
14            Corrections, or any similar local correctional
15            agency, when the employee was killed in the course
16            of performing his official duties, or to prevent
17            the employee from performing his official duties,
18            or in retaliation for the employee performing his
19            official duties, or
20                (v) is found guilty of murdering an emergency
21            medical technician - ambulance, emergency medical
22            technician - intermediate, emergency medical
23            technician - paramedic, ambulance driver or other
24            medical assistance or first aid person while
25            employed by a municipality or other governmental
26            unit when the person was killed in the course of

 

 

HB5037- 40 -LRB103 37909 RLC 68041 b

1            performing official duties or to prevent the
2            person from performing official duties or in
3            retaliation for performing official duties and the
4            defendant knew or should have known that the
5            murdered individual was an emergency medical
6            technician - ambulance, emergency medical
7            technician - intermediate, emergency medical
8            technician - paramedic, ambulance driver, or other
9            medical assistant or first aid personnel, or
10                (vi) (blank), or
11                (vii) is found guilty of first degree murder
12            and the murder was committed by reason of any
13            person's activity as a community policing
14            volunteer or to prevent any person from engaging
15            in activity as a community policing volunteer. For
16            the purpose of this Section, "community policing
17            volunteer" has the meaning ascribed to it in
18            Section 2-3.5 of the Criminal Code of 2012.
19            For purposes of clause (v), "emergency medical
20        technician - ambulance", "emergency medical technician -
21         intermediate", "emergency medical technician -
22        paramedic", have the meanings ascribed to them in the
23        Emergency Medical Services (EMS) Systems Act.
24            (d)(i) if the person committed the offense while
25            personally armed with a firearm, and while
26            personally displaying the firearm, up to 15 years

 

 

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1            may shall be added to the term of imprisonment
2            imposed by the court;
3            (ii) if, during the commission of the offense, the
4        person personally discharged a firearm, up to 20 years
5        may shall be added to the term of imprisonment imposed
6        by the court;
7            (iii) if, during the commission of the offense,
8        the person personally discharged a firearm that
9        proximately caused great bodily harm, permanent
10        disability, permanent disfigurement, or death to
11        another person, up to 25 years may or up to a term of
12        natural life shall be added to the term of
13        imprisonment imposed by the court.
14        (2) (blank);
15        (2.5) for a person who has attained the age of 18 years
16    at the time of the commission of the offense and who is
17    convicted under the circumstances described in subdivision
18    (b)(1)(B) of Section 11-1.20 or paragraph (3) of
19    subsection (b) of Section 12-13, subdivision (d)(2) of
20    Section 11-1.30 or paragraph (2) of subsection (d) of
21    Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
22    paragraph (1.2) of subsection (b) of Section 12-14.1,
23    subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
24    subsection (b) of Section 12-14.1 of the Criminal Code of
25    1961 or the Criminal Code of 2012, the sentence shall be a
26    term of natural life imprisonment.

 

 

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1    (b) (Blank).
2    (c) (Blank).
3    (d) Subject to earlier termination under Section 3-3-8,
4the parole or mandatory supervised release term shall be
5written as part of the sentencing order and shall be as
6follows:
7        (1) for first degree murder or for the offenses of
8    predatory criminal sexual assault of a child, aggravated
9    criminal sexual assault, and criminal sexual assault if
10    committed on or before December 12, 2005, 3 years;
11        (1.5) except as provided in paragraph (7) of this
12    subsection (d), for a Class X felony except for the
13    offenses of predatory criminal sexual assault of a child,
14    aggravated criminal sexual assault, and criminal sexual
15    assault if committed on or after December 13, 2005 (the
16    effective date of Public Act 94-715) and except for the
17    offense of aggravated child pornography under Section
18    11-20.1B, 11-20.3, or 11-20.1 with sentencing under
19    subsection (c-5) of Section 11-20.1 of the Criminal Code
20    of 1961 or the Criminal Code of 2012, if committed on or
21    after January 1, 2009, 18 months;
22        (2) except as provided in paragraph (7) of this
23    subsection (d), for a Class 1 felony or a Class 2 felony
24    except for the offense of criminal sexual assault if
25    committed on or after December 13, 2005 (the effective
26    date of Public Act 94-715) and except for the offenses of

 

 

HB5037- 43 -LRB103 37909 RLC 68041 b

1    manufacture and dissemination of child pornography under
2    clauses (a)(1) and (a)(2) of Section 11-20.1 of the
3    Criminal Code of 1961 or the Criminal Code of 2012, if
4    committed on or after January 1, 2009, 12 months;
5        (3) except as provided in paragraph (4), (6), or (7)
6    of this subsection (d), for a Class 3 felony or a Class 4
7    felony, 6 months; no later than 45 days after the onset of
8    the term of mandatory supervised release, the Prisoner
9    Review Board shall conduct a discretionary discharge
10    review pursuant to the provisions of Section 3-3-8, which
11    shall include the results of a standardized risk and needs
12    assessment tool administered by the Department of
13    Corrections; the changes to this paragraph (3) made by
14    this amendatory Act of the 102nd General Assembly apply to
15    all individuals released on mandatory supervised release
16    on or after the effective date of this amendatory Act of
17    the 102nd General Assembly, including those individuals
18    whose sentences were imposed prior to the effective date
19    of this amendatory Act of the 102nd General Assembly;
20        (4) for defendants who commit the offense of predatory
21    criminal sexual assault of a child, aggravated criminal
22    sexual assault, or criminal sexual assault, on or after
23    December 13, 2005 (the effective date of Public Act
24    94-715), or who commit the offense of aggravated child
25    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
26    with sentencing under subsection (c-5) of Section 11-20.1

 

 

HB5037- 44 -LRB103 37909 RLC 68041 b

1    of the Criminal Code of 1961 or the Criminal Code of 2012,
2    manufacture of child pornography, or dissemination of
3    child pornography after January 1, 2009, the term of
4    mandatory supervised release shall range from a minimum of
5    3 years to a maximum of the natural life of the defendant;
6        (5) if the victim is under 18 years of age, for a
7    second or subsequent offense of aggravated criminal sexual
8    abuse or felony criminal sexual abuse, 4 years, at least
9    the first 2 years of which the defendant shall serve in an
10    electronic monitoring or home detention program under
11    Article 8A of Chapter V of this Code;
12        (6) for a felony domestic battery, aggravated domestic
13    battery, stalking, aggravated stalking, and a felony
14    violation of an order of protection, 4 years;
15        (7) for any felony described in paragraph (a)(2)(ii),
16    (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
17    (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
18    3-6-3 of the Unified Code of Corrections requiring an
19    inmate to serve a minimum of 85% of their court-imposed
20    sentence, except for the offenses of predatory criminal
21    sexual assault of a child, aggravated criminal sexual
22    assault, and criminal sexual assault if committed on or
23    after December 13, 2005 (the effective date of Public Act
24    94-715) and except for the offense of aggravated child
25    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
26    with sentencing under subsection (c-5) of Section 11-20.1

 

 

HB5037- 45 -LRB103 37909 RLC 68041 b

1    of the Criminal Code of 1961 or the Criminal Code of 2012,
2    if committed on or after January 1, 2009 and except as
3    provided in paragraph (4) or paragraph (6) of this
4    subsection (d), the term of mandatory supervised release
5    shall be as follows:
6            (A) Class X felony, 3 years;
7            (B) Class 1 or Class 2 felonies, 2 years;
8            (C) Class 3 or Class 4 felonies, 1 year.
9    (e) (Blank).
10    (f) (Blank).
11    (g) Notwithstanding any other provisions of this Act and
12of Public Act 101-652: (i) the provisions of paragraph (3) of
13subsection (d) are effective on July 1, 2022 and shall apply to
14all individuals convicted on or after the effective date of
15paragraph (3) of subsection (d); and (ii) the provisions of
16paragraphs (1.5) and (2) of subsection (d) are effective on
17July 1, 2021 and shall apply to all individuals convicted on or
18after the effective date of paragraphs (1.5) and (2) of
19subsection (d).
20(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
21102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
221-1-24.)