Illinois General Assembly - Bill Status for HB2471

Provides that when a person commits an offense and the person is under 18 years of age at the time of the commission of the offense, the court, at the sentencing hearing, shall consider in mitigation in determining sentence the person's potential for rehabilitation or evidence of rehabilitation, or both. Deletes that the court, in the exercise of its discretion may consider, but is not subject to, mandatory minimum prison terms, consecutive sentencing requirements, sentencing enhancements, or other sentencing requirements imposed on adults for the same offense. Provides that the court may sentence the defendant to any disposition authorized for the class of the offense of which he or she was found guilty, and may, in its discretion, decline to impose any otherwise applicable sentencing enhancement based upon firearm possession, possession with personal discharge, or possession with personal discharge that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person, except if the defendant is convicted of first degree murder and would otherwise be subject to sentencing for murdering: (1) a peace officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his or her official duties, or to prevent the peace officer or fireman from performing his or her official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker; (2) an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his or her official duties, or to prevent the employee from performing his or her official duties, or in retaliation for the employee performing his or her official duties; (3) an emergency medical technician - ambulance, emergency medical technician- intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistant or first aid personnel; or (4) by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer, based on the category of persons identified therein, the court shall impose a sentence of not less than 40 years of imprisonment. Provides that in addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense. Deletes provision that the court shall sentence a person to natural life imprisonment for first degree murder if the person who, at the time of the commission of the murder, had attained the age of 17 or more and is found guilty of murdering an individual under 12 years of age.

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