98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5771

 

Introduced , by Rep. Dennis M. Reboletti

 

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 sentence the defendant to a term of natural life imprisonment if the defendant is a person who, at the time of the commission of the murder, had attained the age of 18 or more and is found guilty of murdering an individual under 12 years of age. Declares legislative intent to re-enact and modify the provision to comply with U.S. Supreme Court and Illinois Supreme Court decisions.


LRB098 17066 RLC 52151 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5771LRB098 17066 RLC 52151 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 Unified Code of Corrections is amended by
5changing 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; enhancements for
8use of a firearm; mandatory supervised release terms.
9    (a) Except as otherwise provided in the statute defining
10the offense or in Article 4.5 of Chapter V, a sentence of
11imprisonment for a felony shall be a determinate sentence set
12by the court under this Section, according to the following
13limitations:
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) or (b-5) of Section 9-1 of the
22        Criminal Code of 1961 or the Criminal Code of 2012 are
23        present, the court may sentence the defendant to a term

 

 

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1        of natural life imprisonment, 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            18 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 a person who, at the
13            time of the commission of the murder, had attained
14            the age of 17 or more and is found guilty of
15            murdering an individual under 12 years of age; or,
16            irrespective of the defendant's age at the time of
17            the commission of the offense, is found guilty of
18            murdering more than one victim, or
19                (iii) is found guilty of murdering a peace
20            officer, fireman, or emergency management worker
21            when the peace officer, fireman, or emergency
22            management worker was killed in the course of
23            performing his official duties, or to prevent the
24            peace officer or fireman from performing his
25            official duties, or in retaliation for the peace
26            officer, fireman, or emergency management worker

 

 

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

 

 

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1            technician - paramedic, ambulance driver, or other
2            medical assistant or first aid personnel, or
3                (vi) is a person who, at the time of the
4            commission of the murder, had not attained the age
5            of 17, and is found guilty of murdering a person
6            under 12 years of age and the murder is committed
7            during the course of aggravated criminal sexual
8            assault, criminal sexual assault, or aggravated
9            kidnaping, or
10                (vii) is found guilty of first degree murder
11            and the murder was committed by reason of any
12            person's activity as a community policing
13            volunteer or to prevent any person from engaging in
14            activity as a community policing volunteer. For
15            the purpose of this Section, "community policing
16            volunteer" has the meaning ascribed to it in
17            Section 2-3.5 of the Criminal Code of 2012.
18            For purposes of clause (v), "emergency medical
19        technician - ambulance", "emergency medical technician -
20         intermediate", "emergency medical technician -
21        paramedic", have the meanings ascribed to them in the
22        Emergency Medical Services (EMS) Systems Act.
23            (d) (i) if the person committed the offense while
24            armed with a firearm, 15 years shall be added to
25            the term of imprisonment imposed by the court;
26                (ii) if, during the commission of the offense,

 

 

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1            the person personally discharged a firearm, 20
2            years shall be added to the term of imprisonment
3            imposed by the court;
4                (iii) if, during the commission of the
5            offense, the person personally discharged a
6            firearm that proximately caused great bodily harm,
7            permanent disability, permanent disfigurement, or
8            death to another person, 25 years or up to a term
9            of natural life shall be added to the term of
10            imprisonment imposed by the court.
11        (2) (blank);
12        (2.5) for a person convicted under the circumstances
13    described in subdivision (b)(1)(B) of Section 11-1.20 or
14    paragraph (3) of subsection (b) of Section 12-13,
15    subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
16    subsection (d) of Section 12-14, subdivision (b)(1.2) of
17    Section 11-1.40 or paragraph (1.2) of subsection (b) of
18    Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or
19    paragraph (2) of subsection (b) of Section 12-14.1 of the
20    Criminal Code of 1961 or the Criminal Code of 2012, the
21    sentence shall be a term of natural life imprisonment.
22    (b) (Blank).
23    (c) (Blank).
24    (d) Subject to earlier termination under Section 3-3-8, the
25parole or mandatory supervised release term shall be written as
26part of the sentencing order and shall be as follows:

 

 

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1        (1) for first degree murder or a Class X felony except
2    for the offenses of predatory criminal sexual assault of a
3    child, aggravated criminal sexual assault, and criminal
4    sexual assault if committed on or after the effective date
5    of this amendatory Act of the 94th General Assembly and
6    except for the offense of aggravated child pornography
7    under Section 11-20.1B, 11-20.3, or 11-20.1 with
8    sentencing under subsection (c-5) of Section 11-20.1 of the
9    Criminal Code of 1961 or the Criminal Code of 2012, if
10    committed on or after January 1, 2009, 3 years;
11        (2) for a Class 1 felony or a Class 2 felony except for
12    the offense of criminal sexual assault if committed on or
13    after the effective date of this amendatory Act of the 94th
14    General Assembly and except for the offenses of manufacture
15    and dissemination of child pornography under clauses
16    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
17    of 1961 or the Criminal Code of 2012, if committed on or
18    after January 1, 2009, 2 years;
19        (3) for a Class 3 felony or a Class 4 felony, 1 year;
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 the
23    effective date of this amendatory Act of the 94th General
24    Assembly, 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

 

 

HB5771- 7 -LRB098 17066 RLC 52151 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 home detention program under Article 8A of
11    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    (e) (Blank).
16    (f) (Blank).
17    (g) In People v. Wooters, 188 Ill. 2d 500 (1999), the
18Illinois Supreme Court declared that Public Act 89-203 violates
19the single subject rule of the Illinois Constitution (ILCON
20Art. IV, Sec. 8) by including certain provisions relating to
21mortgage foreclosure in a bill otherwise relating to crime. It
22is the purpose of this amendatory Act of the 98th General
23Assembly to re-enact and modify the provision relating to the
24imposition of a mandatory term of natural life imprisonment if
25the defendant is found guilty of murdering an individual under
2612 years of age. It is also the intent of this amendatory Act

 

 

HB5771- 8 -LRB098 17066 RLC 52151 b

1to comply with the United States Supreme Court decision of
2Miller v. Alabama which prohibits mandatory sentences of life
3imprisonment without parole for murder where the defendant was
4under 18 years of age at the time of the commission of the
5offense.
6(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
796-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.
87-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109,
9eff. 1-1-13; 97-1150, eff. 1-25-13.)