Illinois General Assembly - Bill Status for HB2989
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 Bill Status of HB2989  102nd General Assembly


Short Description:  CRIM CD&CORR-FIREARM SENTENCE

House Sponsors
Rep. La Shawn K. Ford

Last Action
DateChamber Action
  4/23/2021HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
720 ILCS 5/8-4from Ch. 38, par. 8-4
720 ILCS 5/9-1.2from Ch. 38, par. 9-1.2
720 ILCS 5/10-2from Ch. 38, par. 10-2
720 ILCS 5/11-1.40was 720 ILCS 5/12-14.1
720 ILCS 5/12-3.05was 720 ILCS 5/12-4
720 ILCS 5/18-2from Ch. 38, par. 18-2
720 ILCS 5/18-4
720 ILCS 5/19-6was 720 ILCS 5/12-11
720 ILCS 5/33A-3from Ch. 38, par. 33A-3
730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1


Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that various added sentences of imprisonment for committing offenses while armed with a firearm or by personally discharging a firearm are discretionary and constitute the maximum sentences that may be imposed by the court.

House Committee Amendment No. 1
Deletes reference to:
720 ILCS 5/8-4from Ch. 38, par. 8-4
720 ILCS 5/9-1.2from Ch. 38, par. 9-1.2
720 ILCS 5/10-2from Ch. 38, par. 10-2
720 ILCS 5/11-1.40was 720 ILCS 5/12-14.1
720 ILCS 5/12-3.05was 720 ILCS 5/12-4
720 ILCS 5/18-2from Ch. 38, par. 18-2
720 ILCS 5/18-4
720 ILCS 5/19-6was 720 ILCS 5/12-11
720 ILCS 5/33A-3from Ch. 38, par. 33A-3
730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1
Adds reference to:
730 ILCS 5/5-4-1from Ch. 38, par. 1005-4-1

Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that in imposing sentences of imprisonment for certain violations of the Criminal Code of 2012, the court may, in its discretion, decline to impose or impose a term of years less than 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. Provides that in the exercise of this discretion the court shall consider specified factors.

House Floor Amendment No. 2
Deletes reference to:
730 ILCS 5/5-4-1
Adds reference to:
730 ILCS 5/5-4.5-105

Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that when a person commits an offense and the person is under 21, rather than under 18, the court, at the sentencing hearing shall consider specified factors in mitigation in determining the appropriate sentence.

House Floor Amendment No. 3
Provides that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions 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.

 Fiscal Note (Admin Office of the Illinois Courts)
 HB 2989 amends the Criminal Code of 2012, making various statutory sentencing provisions discretionary rather than mandatory. Based on a review of the bill, it has been determined that the proposed legislation would have no fiscal impact on the state appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any, the bill would have on local judicial budgets.

House Floor Amendment No. 4
Provides that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions 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.

Actions 
DateChamber Action
  2/18/2021HouseFiled with the Clerk by Rep. La Shawn K. Ford
  2/19/2021HouseFirst Reading
  2/19/2021HouseReferred to Rules Committee
  3/9/2021HouseAssigned to Judiciary - Criminal Committee
  3/19/2021HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. La Shawn K. Ford
  3/19/2021HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/23/2021HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/26/2021HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/26/2021HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 011-007-000
  4/8/2021HousePlaced on Calendar 2nd Reading - Short Debate
  4/8/2021HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. La Shawn K. Ford
  4/8/2021HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/13/2021HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. La Shawn K. Ford
  4/13/2021HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/13/2021HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  4/14/2021HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary - Criminal Committee
  4/15/2021HouseFiscal Note Requested by Rep. Blaine Wilhour
  4/16/2021HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 012-007-000
  4/16/2021HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary - Criminal Committee; 012-007-000
  4/16/2021HouseFiscal Note Filed
  4/20/2021HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. La Shawn K. Ford
  4/20/2021HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  4/21/2021HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 005-000-000
  4/21/2021HouseSecond Reading - Short Debate
  4/21/2021HouseHouse Floor Amendment No. 2 Adopted
  4/21/2021HouseHouse Floor Amendment No. 3 Adopted
  4/21/2021HouseHouse Floor Amendment No. 4 Adopted
  4/21/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/23/2021HousePlaced on Calendar - Consideration Postponed
  4/23/2021HouseRule 19(a) / Re-referred to Rules Committee

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