96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5197

 

Introduced 2/1/2010, by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-8-1   from Ch. 38, par. 1005-8-1

    Amends the Unified Code of Corrections. Provides that the court shall (rather than may) sentence the defendant to a term of natural life imprisonment for first degree murder if the trier of fact finds beyond a reasonable doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or that any of the aggravating factors listed in the first degree murder statute are present.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 5-8-1 as follows:
 
6     (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
7     Sec. 5-8-1. Natural life imprisonment; mandatory
8 supervised release.
9     (a) Except as otherwise provided in the statute defining
10 the offense or in Article 4.5 of Chapter V, a sentence of
11 imprisonment for a felony shall be a determinate sentence set
12 by the court under this Section, according to the following
13 limitations:
14         (1) for first degree murder,
15             (a) (blank),
16             (b) if a trier of fact finds beyond a reasonable
17         doubt that the murder was accompanied by exceptionally
18         brutal or heinous behavior indicative of wanton
19         cruelty or, except as set forth in subsection (a)(1)(c)
20         of this Section, that any of the aggravating factors
21         listed in subsection (b) of Section 9-1 of the Criminal
22         Code of 1961 are present, the court shall may sentence
23         the defendant to a term of natural life imprisonment,

 

 

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1         or
2             (c) the court shall sentence the defendant to a
3         term of natural life imprisonment when the death
4         penalty is not imposed if the defendant,
5                 (i) has previously been convicted of first
6             degree murder under any state or federal law, or
7                 (ii) is a person who, at the time of the
8             commission of the murder, had attained the age of
9             17 or more and is found guilty of murdering an
10             individual under 12 years of age; or, irrespective
11             of the defendant's age at the time of the
12             commission of the offense, is found guilty of
13             murdering more than one victim, or
14                 (iii) is found guilty of murdering a peace
15             officer, fireman, or emergency management worker
16             when the peace officer, fireman, or emergency
17             management worker was killed in the course of
18             performing his official duties, or to prevent the
19             peace officer or fireman from performing his
20             official duties, or in retaliation for the peace
21             officer, fireman, or emergency management worker
22             from performing his official duties, and the
23             defendant knew or should have known that the
24             murdered individual was a peace officer, fireman,
25             or emergency management worker, or
26                 (iv) is found guilty of murdering an employee

 

 

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1             of an institution or facility of the Department of
2             Corrections, or any similar local correctional
3             agency, when the employee was killed in the course
4             of performing his official duties, or to prevent
5             the employee from performing his official duties,
6             or in retaliation for the employee performing his
7             official duties, or
8                 (v) is found guilty of murdering an emergency
9             medical technician - ambulance, emergency medical
10             technician - intermediate, emergency medical
11             technician - paramedic, ambulance driver or other
12             medical assistance or first aid person while
13             employed by a municipality or other governmental
14             unit when the person was killed in the course of
15             performing official duties or to prevent the
16             person from performing official duties or in
17             retaliation for performing official duties and the
18             defendant knew or should have known that the
19             murdered individual was an emergency medical
20             technician - ambulance, emergency medical
21             technician - intermediate, emergency medical
22             technician - paramedic, ambulance driver, or other
23             medical assistant or first aid personnel, or
24                 (vi) is a person who, at the time of the
25             commission of the murder, had not attained the age
26             of 17, and is found guilty of murdering a person

 

 

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1             under 12 years of age and the murder is committed
2             during the course of aggravated criminal sexual
3             assault, criminal sexual assault, or aggravated
4             kidnaping, or
5                 (vii) is found guilty of first degree murder
6             and the murder was committed by reason of any
7             person's activity as a community policing
8             volunteer or to prevent any person from engaging in
9             activity as a community policing volunteer. For
10             the purpose of this Section, "community policing
11             volunteer" has the meaning ascribed to it in
12             Section 2-3.5 of the Criminal Code of 1961.
13             For purposes of clause (v), "emergency medical
14         technician - ambulance", "emergency medical technician -
15          intermediate", "emergency medical technician -
16         paramedic", have the meanings ascribed to them in the
17         Emergency Medical Services (EMS) Systems Act.
18             (d) (i) if the person committed the offense while
19             armed with a firearm, 15 years shall be added to
20             the term of imprisonment imposed by the court;
21                 (ii) if, during the commission of the offense,
22             the person personally discharged a firearm, 20
23             years shall be added to the term of imprisonment
24             imposed by the court;
25                 (iii) if, during the commission of the
26             offense, the person personally discharged a

 

 

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1             firearm that proximately caused great bodily harm,
2             permanent disability, permanent disfigurement, or
3             death to another person, 25 years or up to a term
4             of natural life shall be added to the term of
5             imprisonment imposed by the court.
6         (2) (blank);
7         (2.5) for a person convicted under the circumstances
8     described in paragraph (3) of subsection (b) of Section
9     12-13, paragraph (2) of subsection (d) of Section 12-14,
10     paragraph (1.2) of subsection (b) of Section 12-14.1, or
11     paragraph (2) of subsection (b) of Section 12-14.1 of the
12     Criminal Code of 1961, the sentence shall be a term of
13     natural life imprisonment.
14     (b) (Blank.).
15     (c) (Blank.).
16     (d) Subject to earlier termination under Section 3-3-8, the
17 parole or mandatory supervised release term shall be as
18 follows:
19         (1) for first degree murder or a Class X felony except
20     for the offenses of predatory criminal sexual assault of a
21     child, aggravated criminal sexual assault, and criminal
22     sexual assault if committed on or after the effective date
23     of this amendatory Act of the 94th General Assembly and
24     except for the offense of aggravated child pornography
25     under Section 11-20.3 of the Criminal Code of 1961, if
26     committed on or after January 1, 2009, 3 years;

 

 

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1         (2) for a Class 1 felony or a Class 2 felony except for
2     the offense of criminal sexual assault if committed on or
3     after the effective date of this amendatory Act of the 94th
4     General Assembly and except for the offenses of manufacture
5     and dissemination of child pornography under clauses
6     (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
7     of 1961, if committed on or after January 1, 2009, 2 years;
8         (3) for a Class 3 felony or a Class 4 felony, 1 year;
9         (4) for defendants who commit the offense of predatory
10     criminal sexual assault of a child, aggravated criminal
11     sexual assault, or criminal sexual assault, on or after the
12     effective date of this amendatory Act of the 94th General
13     Assembly, or who commit the offense of aggravated child
14     pornography, manufacture of child pornography, or
15     dissemination of child pornography after January 1, 2009,
16     the term of mandatory supervised release shall range from a
17     minimum of 3 years to a maximum of the natural life of the
18     defendant;
19         (5) if the victim is under 18 years of age, for a
20     second or subsequent offense of aggravated criminal sexual
21     abuse or felony criminal sexual abuse, 4 years, at least
22     the first 2 years of which the defendant shall serve in an
23     electronic home detention program under Article 8A of
24     Chapter V of this Code;
25         (6) for a felony domestic battery, aggravated domestic
26     battery, stalking, aggravated stalking, and a felony

 

 

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1     violation of an order of protection, 4 years.
2     (e) (Blank.).
3     (f) (Blank.).
4 (Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
5 96-282, eff. 1-1-10; revised 9-4-09.)