Rep. Dennis M. Reboletti
Filed: 3/11/2013
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1 | AMENDMENT TO HOUSE BILL 1927
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2 | AMENDMENT NO. ______. Amend House Bill 1927 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 5-4.5-20 and 5-8-1 as follows: | ||||||
6 | (730 ILCS 5/5-4.5-20) | ||||||
7 | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | ||||||
8 | degree murder: | ||||||
9 | (a) TERM. The defendant shall be sentenced to imprisonment | ||||||
10 | or, if appropriate, death under Section 9-1 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | ||||||
12 | Imprisonment shall be for a determinate term of (1) not less | ||||||
13 | than 20 years and not more than 60 years; (2) not less than 60 | ||||||
14 | years and not more than 100 years as provided in subsection | ||||||
15 | (c-5) of Section 5-8-1 (730 ILCS 5/5-8-1) or when an extended | ||||||
16 | term is imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) |
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1 | natural life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
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2 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
3 | shall not be imposed.
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4 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
5 | or the county impact incarceration program is not an authorized | ||||||
6 | disposition.
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7 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
8 | probation or conditional discharge shall not be imposed.
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9 | (e) FINE. Fines may be imposed as provided in Section | ||||||
10 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
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11 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
12 | concerning restitution.
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13 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
14 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
15 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
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16 | (h) DRUG COURT. Drug court is not an authorized | ||||||
17 | disposition.
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18 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
19 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
20 | detention prior to judgment.
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21 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
22 | for rules and regulations for sentence credit.
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23 | (k) ELECTRONIC HOME DETENTION. Electronic home detention | ||||||
24 | is not an authorized disposition, except in limited | ||||||
25 | circumstances as provided in Section 5-8A-3 (730 ILCS | ||||||
26 | 5/5-8A-3).
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1 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
2 | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | ||||||
3 | mandatory supervised release term shall be 3 years upon release | ||||||
4 | from imprisonment.
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5 | (Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
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6 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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7 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
8 | use of a firearm; mandatory supervised release terms.
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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:
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14 | (1) for first degree murder,
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15 | (a) (blank),
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16 | (b) if a trier of fact finds beyond a reasonable
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17 | doubt that the murder was accompanied by exceptionally
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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
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21 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012 are
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23 | present, the court may sentence the defendant to a term | ||||||
24 | of natural life
imprisonment, or
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25 | (c) the court shall sentence the defendant to a |
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1 | term of natural life
imprisonment when the death | ||||||
2 | penalty is not imposed if the defendant,
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3 | (i) has previously been convicted of first | ||||||
4 | degree murder under
any state or federal law, or
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5 | (ii) is a person who, at the time of the | ||||||
6 | commission of the murder,
had attained the age of | ||||||
7 | 17 or more and is found guilty of murdering an
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8 | individual under 12 years of age; or, irrespective | ||||||
9 | of the defendant's age at
the time of the | ||||||
10 | commission of the offense, is found guilty of | ||||||
11 | murdering more
than one victim, or
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12 | (iii) is found guilty of murdering a peace | ||||||
13 | officer, fireman, or emergency management worker | ||||||
14 | when
the peace officer, fireman, or emergency | ||||||
15 | management worker was killed in the course of | ||||||
16 | performing his
official duties, or to prevent the | ||||||
17 | peace officer or fireman from
performing his | ||||||
18 | official duties, or in retaliation for the peace | ||||||
19 | officer,
fireman, or emergency management worker | ||||||
20 | from performing his official duties, and the | ||||||
21 | defendant knew or should
have known that the | ||||||
22 | murdered individual was a peace officer, fireman, | ||||||
23 | or emergency management worker, or
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24 | (iv) is found guilty of murdering an employee | ||||||
25 | of an institution or
facility of the Department of | ||||||
26 | Corrections, or any similar local
correctional |
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1 | agency, when the employee was killed in the course | ||||||
2 | of
performing his official duties, or to prevent | ||||||
3 | the employee from performing
his official duties, | ||||||
4 | or in retaliation for the employee performing his
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5 | official duties, or
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6 | (v) is found guilty of murdering an emergency | ||||||
7 | medical
technician - ambulance, emergency medical | ||||||
8 | technician - intermediate, emergency
medical | ||||||
9 | technician - paramedic, ambulance driver or other | ||||||
10 | medical assistance or
first aid person while | ||||||
11 | employed by a municipality or other governmental | ||||||
12 | unit
when the person was killed in the course of | ||||||
13 | performing official duties or
to prevent the | ||||||
14 | person from performing official duties or in | ||||||
15 | retaliation
for performing official duties and the | ||||||
16 | defendant knew or should have known
that the | ||||||
17 | murdered individual was an emergency medical | ||||||
18 | technician - ambulance,
emergency medical | ||||||
19 | technician - intermediate, emergency medical
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20 | technician - paramedic, ambulance driver, or other | ||||||
21 | medical
assistant or first aid personnel, or
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22 | (vi) (blank), or is a person who, at the time | ||||||
23 | of the commission of the murder,
had not attained | ||||||
24 | the age of 17, and is found guilty of murdering a | ||||||
25 | person under
12 years of age and the murder is | ||||||
26 | committed during the course of aggravated
criminal |
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1 | sexual assault, criminal sexual assault, or | ||||||
2 | aggravated kidnaping,
or
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3 | (vii) is found guilty of first degree murder | ||||||
4 | and the murder was
committed by reason of any | ||||||
5 | person's activity as a community policing | ||||||
6 | volunteer
or to prevent any person from engaging in | ||||||
7 | activity as a community policing
volunteer. For | ||||||
8 | the purpose of this Section, "community policing | ||||||
9 | volunteer"
has the meaning ascribed to it in | ||||||
10 | Section 2-3.5 of the Criminal Code of 2012.
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11 | For purposes of clause (v), "emergency medical | ||||||
12 | technician - ambulance",
"emergency medical technician - | ||||||
13 | intermediate", "emergency medical technician -
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14 | paramedic", have the meanings ascribed to them in the | ||||||
15 | Emergency Medical
Services (EMS) Systems Act , or .
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16 | (c-5) if the defendant had not attained the age of | ||||||
17 | 18 at the time of the commission of the murder, but is | ||||||
18 | found guilty of first degree murder and any of the | ||||||
19 | factors listed in subsection (c) of this Section are | ||||||
20 | present, the court shall sentence the defendant to a | ||||||
21 | term of imprisonment of not less than 60 years and not | ||||||
22 | more than 100 years, or to a term of natural life | ||||||
23 | imprisonment, or
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24 | (d) (i) if the person committed the offense while | ||||||
25 | armed with a
firearm, 15 years shall be added to | ||||||
26 | the term of imprisonment imposed by the
court;
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1 | (ii) if, during the commission of the offense, | ||||||
2 | the person
personally discharged a firearm, 20 | ||||||
3 | years shall be added to the term of
imprisonment | ||||||
4 | imposed by the court;
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5 | (iii) if, during the commission of the | ||||||
6 | offense, the person
personally discharged a | ||||||
7 | firearm that proximately caused great bodily harm,
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8 | permanent disability, permanent disfigurement, or | ||||||
9 | death to another person, 25
years or up to a term | ||||||
10 | of natural life shall be added to the term of
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11 | imprisonment imposed by the court.
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12 | (2) (blank);
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13 | (2.5) for a person convicted under the circumstances | ||||||
14 | described in subdivision (b)(1)(B) of Section 11-1.20 or
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15 | paragraph (3) of subsection (b) of Section 12-13, | ||||||
16 | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | ||||||
17 | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | ||||||
18 | Section 11-1.40 or paragraph (1.2) of subsection (b) of
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19 | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | ||||||
20 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012, the | ||||||
22 | sentence shall be a term of natural life
imprisonment.
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23 | (b) (Blank).
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24 | (c) (Blank).
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25 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
26 | parole or mandatory
supervised release term shall be written as |
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1 | part of the sentencing order and shall be as follows:
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2 | (1) for first degree murder or a Class X felony except | ||||||
3 | for the offenses of predatory criminal sexual assault of a | ||||||
4 | child, aggravated criminal sexual assault, and criminal | ||||||
5 | sexual assault if committed on or after the effective date | ||||||
6 | of this amendatory Act of the 94th General Assembly and | ||||||
7 | except for the offense of aggravated child pornography | ||||||
8 | under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||||||
9 | sentencing under subsection (c-5) of Section 11-20.1 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
11 | committed on or after January 1, 2009, 3 years;
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12 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
13 | the offense of criminal sexual assault if committed on or | ||||||
14 | after the effective date of this amendatory Act of the 94th | ||||||
15 | General Assembly and except for the offenses of manufacture | ||||||
16 | and dissemination of child pornography under clauses | ||||||
17 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
18 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
19 | after January 1, 2009, 2 years;
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20 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
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21 | (4) for defendants who commit the offense of predatory | ||||||
22 | criminal sexual assault of a child, aggravated criminal | ||||||
23 | sexual assault, or criminal sexual assault, on or after the | ||||||
24 | effective date of this amendatory Act of the 94th General | ||||||
25 | Assembly, or who commit the offense of aggravated child | ||||||
26 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 |
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1 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
2 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
3 | manufacture of child pornography, or dissemination of | ||||||
4 | child pornography after January 1, 2009, the term of | ||||||
5 | mandatory supervised release shall range from a minimum of | ||||||
6 | 3 years to a maximum of the natural life of the defendant;
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7 | (5) if the victim is under 18 years of age, for a | ||||||
8 | second or subsequent
offense of aggravated criminal sexual | ||||||
9 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
10 | the first 2 years of which the defendant shall serve in an
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11 | electronic home detention program under Article 8A of | ||||||
12 | Chapter V of this Code;
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13 | (6) for a felony domestic battery, aggravated domestic | ||||||
14 | battery, stalking, aggravated stalking, and a felony | ||||||
15 | violation of an order of protection, 4 years. | ||||||
16 | (e) (Blank).
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17 | (f) (Blank).
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18 | (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
19 | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | ||||||
20 | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, | ||||||
21 | eff. 1-1-13; 97-1150, eff. 1-25-13.)".
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