Illinois General Assembly - Full Text of HB3659
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Full Text of HB3659  102nd General Assembly

HB3659 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3659

 

Introduced 2/22/2021, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-8  from Ch. 38, par. 1003-3-8
730 ILCS 5/5-8-1  from Ch. 38, par. 1005-8-1

    Amends the Unified Code of Corrections. Provides that a mandatory supervised release term shall not be imposed for a Class 4 felony. Makes conforming changes.


LRB102 15057 KMF 20412 b

 

 

A BILL FOR

 

HB3659LRB102 15057 KMF 20412 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 Sections 3-3-8 and 5-8-1 as follows:
 
6    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
7    Sec. 3-3-8. Length of parole and mandatory supervised
8release; discharge.
9    (a) The length of parole for a person sentenced under the
10law in effect prior to the effective date of this amendatory
11Act of 1977 and the length of mandatory supervised release for
12those sentenced under the law in effect on and after such
13effective date shall be as set out in Section 5-8-1 unless
14sooner terminated under paragraph (b) or otherwise provided
15under paragraph (b-5) of this Section.
16    (b) The Prisoner Review Board may enter an order releasing
17and discharging one from parole or mandatory supervised
18release, and his or her commitment to the Department, when it
19determines that he or she is likely to remain at liberty
20without committing another offense.
21    (b-1) Provided that the subject is in compliance with the
22terms and conditions of his or her parole or mandatory
23supervised release, the Prisoner Review Board may reduce the

 

 

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1period of a parolee or releasee's parole or mandatory
2supervised release by 90 days upon the parolee or releasee
3receiving a high school diploma or upon passage of high school
4equivalency testing during the period of his or her parole or
5mandatory supervised release. This reduction in the period of
6a subject's term of parole or mandatory supervised release
7shall be available only to subjects who have not previously
8earned a high school diploma or who have not previously passed
9high school equivalency testing.
10    (b-2) The Prisoner Review Board may release a low-risk and
11need subject person from mandatory supervised release as
12determined by an appropriate evidence-based risk and need
13assessment.
14    (b-5) Notwithstanding any provision of law to the
15contrary, a mandatory supervised release term shall not be
16imposed for a Class 4 felony.
17    (c) The order of discharge shall become effective upon
18entry of the order of the Board. The Board shall notify the
19clerk of the committing court of the order. Upon receipt of
20such copy, the clerk shall make an entry on the record judgment
21that the sentence or commitment has been satisfied pursuant to
22the order.
23    (d) Rights of the person discharged under this Section
24shall be restored under Section 5-5-5.
25(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3,
26eff. 1-1-18.)
 

 

 

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1    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
2    Sec. 5-8-1. Natural life imprisonment; enhancements for
3use of a firearm; mandatory supervised release terms.
4    (a) Except as otherwise provided in the statute defining
5the offense or in Article 4.5 of Chapter V, a sentence of
6imprisonment for a felony shall be a determinate sentence set
7by the court under this Section, subject to Section 5-4.5-115
8of this Code, according to the following limitations:
9        (1) for first degree murder,
10            (a) (blank),
11            (b) if a trier of fact finds beyond a reasonable
12        doubt that the murder was accompanied by exceptionally
13        brutal or heinous behavior indicative of wanton
14        cruelty or, except as set forth in subsection
15        (a)(1)(c) of this Section, that any of the aggravating
16        factors listed in subsection (b) or (b-5) of Section
17        9-1 of the Criminal Code of 1961 or the Criminal Code
18        of 2012 are present, the court may sentence the
19        defendant, subject to Section 5-4.5-105, to a term of
20        natural life imprisonment, or
21            (c) the court shall sentence the defendant to a
22        term of natural life imprisonment if the defendant, at
23        the time of the commission of the murder, had attained
24        the age of 18, and
25                (i) has previously been convicted of first

 

 

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1            degree murder under any state or federal law, or
2                (ii) is found guilty of murdering more than
3            one victim, or
4                (iii) is found guilty of murdering a peace
5            officer, fireman, or emergency management worker
6            when the peace officer, fireman, or emergency
7            management worker was killed in the course of
8            performing his official duties, or to prevent the
9            peace officer or fireman from performing his
10            official duties, or in retaliation for the peace
11            officer, fireman, or emergency management worker
12            from performing his official duties, and the
13            defendant knew or should have known that the
14            murdered individual was a peace officer, fireman,
15            or emergency management worker, or
16                (iv) is found guilty of murdering an employee
17            of an institution or facility of the Department of
18            Corrections, or any similar local correctional
19            agency, when the employee was killed in the course
20            of performing his official duties, or to prevent
21            the employee from performing his official duties,
22            or in retaliation for the employee performing his
23            official duties, or
24                (v) is found guilty of murdering an emergency
25            medical technician - ambulance, emergency medical
26            technician - intermediate, emergency medical

 

 

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1            technician - paramedic, ambulance driver or other
2            medical assistance or first aid person while
3            employed by a municipality or other governmental
4            unit when the person was killed in the course of
5            performing official duties or to prevent the
6            person from performing official duties or in
7            retaliation for performing official duties and the
8            defendant knew or should have known that the
9            murdered individual was an emergency medical
10            technician - ambulance, emergency medical
11            technician - intermediate, emergency medical
12            technician - paramedic, ambulance driver, or other
13            medical assistant or first aid personnel, or
14                (vi) (blank), or
15                (vii) is found guilty of first degree murder
16            and the murder was committed by reason of any
17            person's activity as a community policing
18            volunteer or to prevent any person from engaging
19            in activity as a community policing volunteer. For
20            the purpose of this Section, "community policing
21            volunteer" has the meaning ascribed to it in
22            Section 2-3.5 of the Criminal Code of 2012.
23            For purposes of clause (v), "emergency medical
24        technician - ambulance", "emergency medical technician -
25         intermediate", "emergency medical technician -
26        paramedic", have the meanings ascribed to them in the

 

 

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1        Emergency Medical Services (EMS) Systems Act.
2            (d)(i) if the person committed the offense while
3            armed with a firearm, 15 years shall be added to
4            the term of imprisonment imposed by the court;
5            (ii) if, during the commission of the offense, the
6        person personally discharged a firearm, 20 years shall
7        be added to the term of imprisonment imposed by the
8        court;
9            (iii) if, during the commission of the offense,
10        the person personally discharged a firearm that
11        proximately caused great bodily harm, permanent
12        disability, permanent disfigurement, or death to
13        another person, 25 years or up to a term of natural
14        life shall be added to the term of imprisonment
15        imposed by the court.
16        (2) (blank);
17        (2.5) for a person who has attained the age of 18 years
18    at the time of the commission of the offense and who is
19    convicted under the circumstances described in subdivision
20    (b)(1)(B) of Section 11-1.20 or paragraph (3) of
21    subsection (b) of Section 12-13, subdivision (d)(2) of
22    Section 11-1.30 or paragraph (2) of subsection (d) of
23    Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
24    paragraph (1.2) of subsection (b) of Section 12-14.1,
25    subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
26    subsection (b) of Section 12-14.1 of the Criminal Code of

 

 

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1    1961 or the Criminal Code of 2012, the sentence shall be a
2    term of natural life imprisonment.
3    (b) (Blank).
4    (c) (Blank).
5    (d) Subject to earlier termination under Section 3-3-8,
6the parole or mandatory supervised release term shall be
7written as part of the sentencing order and shall be as
8follows:
9        (1) for first degree murder or a Class X felony except
10    for the offenses of predatory criminal sexual assault of a
11    child, aggravated criminal sexual assault, and criminal
12    sexual assault if committed on or after the effective date
13    of this amendatory Act of the 94th General Assembly and
14    except for the offense of aggravated child pornography
15    under Section 11-20.1B, 11-20.3, or 11-20.1 with
16    sentencing under subsection (c-5) of Section 11-20.1 of
17    the Criminal Code of 1961 or the Criminal Code of 2012, if
18    committed on or after January 1, 2009, 3 years;
19        (2) for a Class 1 felony or a Class 2 felony except for
20    the offense of criminal sexual assault if committed on or
21    after the effective date of this amendatory Act of the
22    94th General Assembly and except for the offenses of
23    manufacture and dissemination of child pornography under
24    clauses (a)(1) and (a)(2) of Section 11-20.1 of the
25    Criminal Code of 1961 or the Criminal Code of 2012, if
26    committed on or after January 1, 2009, 2 years;

 

 

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1        (3) for a Class 3 felony or a Class 4 felony, 1 year;
2        (4) for defendants who commit the offense of predatory
3    criminal sexual assault of a child, aggravated criminal
4    sexual assault, or criminal sexual assault, on or after
5    the effective date of this amendatory Act of the 94th
6    General Assembly, or who commit the offense of aggravated
7    child pornography under Section 11-20.1B, 11-20.3, or
8    11-20.1 with sentencing under subsection (c-5) of Section
9    11-20.1 of the Criminal Code of 1961 or the Criminal Code
10    of 2012, manufacture of child pornography, or
11    dissemination of child pornography after January 1, 2009,
12    the term of mandatory supervised release shall range from
13    a minimum of 3 years to a maximum of the natural life of
14    the defendant;
15        (5) if the victim is under 18 years of age, for a
16    second or subsequent offense of aggravated criminal sexual
17    abuse or felony criminal sexual abuse, 4 years, at least
18    the first 2 years of which the defendant shall serve in an
19    electronic monitoring or home detention program under
20    Article 8A of Chapter V of this Code;
21        (6) for a felony domestic battery, aggravated domestic
22    battery, stalking, aggravated stalking, and a felony
23    violation of an order of protection, 4 years.
24    (e) (Blank).
25    (f) (Blank).
26(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;

 

 

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1101-288, eff. 1-1-20.)