093_HB0073

 
                                     LRB093 03649 RLC 03678 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Purpose and intent.
 5        (a)  In People v. Wooters, 188 Ill. 2d  500  (1999),  the
 6    Illinois  Supreme  Court  declared  that  Public  Act  89-203
 7    violates  the single subject rule of Article IV, Section 8 of
 8    the Illinois Constitution  by  including  certain  provisions
 9    relating to mortgage foreclosure in a bill otherwise relating
10    to crime.
11        (b)  It  is  the  purpose  of  this  Act  to re-enact the
12    provision of clause (a)(1)(c)(ii) of  Section  5-8-1  of  the
13    Unified  Code  of  Corrections  that  was added by Public Act
14    89-203.  The re-enacted material is shown  as  existing  text
15    (i.e., without underscoring) and includes the changes made to
16    Section 5-8-1 by Public Acts enacted after Public Act 89-203.
17        (c)  This  Act  is  not intended to supersede the changes
18    made by any other Public Act of  the  93rd  General  Assembly
19    that  amends  the Section included in this Act, and it is not
20    intended to limit or impair any legal  argument  relating  to
21    the  re-enactment  of  any  of  the  provisions of Public Act
22    89-203 by any other Public Act.

23        Section  5.  The Unified Code of Corrections  is  amended
24    by re-enacting Section 5-8-1 as follows:

25        (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
26        Sec. 5-8-1. Sentence of Imprisonment for Felony.
27        (a)  Except as otherwise provided in the statute defining
28    the offense, a sentence of imprisonment for a felony shall be
29    a  determinate  sentence set by the court under this Section,
30    according to the following limitations:
 
                            -2-      LRB093 03649 RLC 03678 b
 1             (1)  for first degree murder,
 2                  (a)  a term shall be not less than 20 years and
 3             not more than 60 years, or
 4                  (b)  if  a  trier  of  fact  finds   beyond   a
 5             reasonable  doubt that the murder was accompanied by
 6             exceptionally brutal or heinous behavior  indicative
 7             of  wanton  cruelty  or,  except  as  set  forth  in
 8             subsection  (a)(1)(c)  of  this Section, that any of
 9             the aggravating factors listed in subsection (b)  of
10             Section  9-1  of  the  Criminal  Code  of  1961  are
11             present,  the  court may sentence the defendant to a
12             term of natural life imprisonment, or
13                  (c)  the court shall sentence the defendant  to
14             a  term  of natural life imprisonment when the death
15             penalty is not imposed if the defendant,
16                       (i)  has  previously  been  convicted   of
17                  first  degree murder under any state or federal
18                  law, or
19                       (ii)  is a person who, at the time of  the
20                  commission  of the murder, had attained the age
21                  of 17 or more and is found guilty of  murdering
22                  an  individual  under  12  years  of  age;  or,
23                  irrespective of the defendant's age at the time
24                  of  the  commission  of  the  offense, is found
25                  guilty of murdering more than one victim, or
26                       (iii)  is  found  guilty  of  murdering  a
27                  peace officer or fireman when the peace officer
28                  or  fireman  was  killed  in  the   course   of
29                  performing  his  official duties, or to prevent
30                  the peace officer or  fireman  from  performing
31                  his  official duties, or in retaliation for the
32                  peace  officer  or   fireman   performing   his
33                  official  duties,  and  the  defendant  knew or
34                  should have known that the murdered  individual
 
                            -3-      LRB093 03649 RLC 03678 b
 1                  was a peace officer or fireman, or
 2                       (iv)  is  found  guilty  of  murdering  an
 3                  employee  of  an institution or facility of the
 4                  Department of Corrections, or any similar local
 5                  correctional  agency,  when  the  employee  was
 6                  killed in the course of performing his official
 7                  duties,  or  to  prevent  the   employee   from
 8                  performing   his   official   duties,   or   in
 9                  retaliation  for  the  employee  performing his
10                  official duties, or
11                       (v)  is  found  guilty  of  murdering   an
12                  emergency   medical   technician  -  ambulance,
13                  emergency medical  technician  -  intermediate,
14                  emergency   medical   technician  -  paramedic,
15                  ambulance driver or other medical assistance or
16                  first  aid   person   while   employed   by   a
17                  municipality  or  other  governmental unit when
18                  the  person  was  killed  in  the   course   of
19                  performing  official  duties  or to prevent the
20                  person from performing official  duties  or  in
21                  retaliation  for performing official duties and
22                  the defendant knew or should  have  known  that
23                  the   murdered   individual  was  an  emergency
24                  medical  technician  -   ambulance,   emergency
25                  medical  technician  -  intermediate, emergency
26                  medical  technician  -   paramedic,   ambulance
27                  driver, or other medical assistant or first aid
28                  personnel, or
29                       (vi)  is  a person who, at the time of the
30                  commission of the murder, had not attained  the
31                  age  of  17, and is found guilty of murdering a
32                  person under 12 years of age and the murder  is
33                  committed   during  the  course  of  aggravated
34                  criminal  sexual   assault,   criminal   sexual
 
                            -4-      LRB093 03649 RLC 03678 b
 1                  assault, or aggravated kidnaping, or
 2                       (vii)  is  found  guilty  of  first degree
 3                  murder and the murder was committed  by  reason
 4                  of   any   person's  activity  as  a  community
 5                  policing volunteer or  to  prevent  any  person
 6                  from   engaging  in  activity  as  a  community
 7                  policing volunteer.  For the  purpose  of  this
 8                  Section, "community policing volunteer" has the
 9                  meaning  ascribed to it in Section 2-3.5 of the
10                  Criminal Code of 1961.
11                  For purposes of clause (v), "emergency  medical
12             technician    -   ambulance",   "emergency   medical
13             technician  -  intermediate",   "emergency   medical
14             technician  - paramedic", have the meanings ascribed
15             to them in  the  Emergency  Medical  Services  (EMS)
16             Systems Act.
17                  (d) (i)  if  the  person  committed the offense
18                  while armed with a firearm, 15 years  shall  be
19                  added  to  the  term of imprisonment imposed by
20                  the court;
21                       (ii)  if, during  the  commission  of  the
22                  offense,  the  person  personally  discharged a
23                  firearm, 20 years shall be added to the term of
24                  imprisonment imposed by the court;
25                       (iii)  if, during the  commission  of  the
26                  offense,  the  person  personally  discharged a
27                  firearm that proximately  caused  great  bodily
28                  harm,     permanent    disability,    permanent
29                  disfigurement, or death to another  person,  25
30                  years  or up to a term of natural life shall be
31                  added to the term of  imprisonment  imposed  by
32                  the court.
33             (1.5)  for second degree murder, a term shall be not
34        less than 4 years and not more than 20 years;
 
                            -5-      LRB093 03649 RLC 03678 b
 1             (2)  for a person adjudged a habitual criminal under
 2        Article 33B of the Criminal Code of 1961, as amended, the
 3        sentence shall be a term of natural life imprisonment;
 4             (2.5)  for    a    person    convicted   under   the
 5        circumstances described in paragraph  (3)  of  subsection
 6        (b)  of Section 12-13, paragraph (2) of subsection (d) of
 7        Section 12-14,  paragraph  (1.2)  of  subsection  (b)  of
 8        Section  12-14.1,  or  paragraph (2) of subsection (b) of
 9        Section  12-14.1  of  the  Criminal  Code  of  1961,  the
10        sentence shall be a term of natural life imprisonment;
11             (3)  except as otherwise  provided  in  the  statute
12        defining  the offense, for a Class X felony, the sentence
13        shall be not less than 6  years  and  not  more  than  30
14        years;
15             (4)  for  a Class 1 felony, other than second degree
16        murder, the sentence shall be not less than 4  years  and
17        not more than 15 years;
18             (5)  for a Class 2 felony, the sentence shall be not
19        less than 3 years and not more than 7 years;
20             (6)  for a Class 3 felony, the sentence shall be not
21        less than 2 years and not more than 5 years;
22             (7)  for a Class 4 felony, the sentence shall be not
23        less than 1 year and not more than 3 years.
24        (b)  The sentencing judge in each felony conviction shall
25    set forth his reasons for imposing the particular sentence he
26    enters  in  the  case,  as  provided in Section 5-4-1 of this
27    Code.   Those  reasons  may   include   any   mitigating   or
28    aggravating  factors  specified  in this Code, or the lack of
29    any such circumstances, as well as any other such factors  as
30    the  judge  shall set forth on the record that are consistent
31    with the purposes and principles of  sentencing  set  out  in
32    this Code.
33        (c)  A  motion  to  reduce a sentence may be made, or the
34    court may reduce a sentence without motion,  within  30  days
 
                            -6-      LRB093 03649 RLC 03678 b
 1    after  the  sentence  is imposed.  A defendant's challenge to
 2    the correctness of  a  sentence  or  to  any  aspect  of  the
 3    sentencing  hearing  shall  be made by a written motion filed
 4    within  30  days  following  the  imposition   of   sentence.
 5    However,  the  court  may  not increase a sentence once it is
 6    imposed.
 7        If a motion filed pursuant to this subsection  is  timely
 8    filed  within  30  days  after  the  sentence is imposed, the
 9    proponent of the  motion  shall  exercise  due  diligence  in
10    seeking  a  determination  on  the motion and the court shall
11    thereafter decide such motion within a reasonable time.
12        If a motion filed pursuant to this subsection  is  timely
13    filed  within 30 days after the sentence is imposed, then for
14    purposes of perfecting an appeal, a final judgment shall  not
15    be considered to have been entered until the motion to reduce
16    a  sentence  has  been  decided by order entered by the trial
17    court.
18        A motion filed pursuant to this subsection shall  not  be
19    considered  to have been timely filed unless it is filed with
20    the circuit court clerk within 30 days after the sentence  is
21    imposed  together  with  a  notice of motion, which notice of
22    motion shall set the motion on the court's calendar on a date
23    certain within a reasonable time after the date of filing.
24        (d)  Except where a term  of  natural  life  is  imposed,
25    every sentence shall include as though written therein a term
26    in  addition to the term of imprisonment. For those sentenced
27    under the law in effect prior to February 1, 1978, such  term
28    shall be identified as a parole term.  For those sentenced on
29    or after February 1, 1978, such term shall be identified as a
30    mandatory   supervised  release  term.   Subject  to  earlier
31    termination under Section  3-3-8,  the  parole  or  mandatory
32    supervised release term shall be as follows:
33             (1)  for  first degree murder or a Class X felony, 3
34        years;
 
                            -7-      LRB093 03649 RLC 03678 b
 1             (2)  for a Class 1 felony or a  Class  2  felony,  2
 2        years;
 3             (3)  for  a  Class  3  felony or a Class 4 felony, 1
 4        year;
 5             (4)  if the victim is under 18 years of age,  for  a
 6        second  or  subsequent offense of criminal sexual assault
 7        or aggravated criminal sexual assault, 5 years, at  least
 8        the  first  2 years of which the defendant shall serve in
 9        an electronic home detention program under Article 8A  of
10        Chapter V of this Code;
11             (5)  if  the  victim is under 18 years of age, for a
12        second  or  subsequent  offense  of  aggravated  criminal
13        sexual abuse or felony criminal sexual abuse, 4 years, at
14        least the first 2 years  of  which  the  defendant  shall
15        serve  in  an  electronic  home  detention  program under
16        Article 8A of Chapter V of this Code.
17        (e)  A  defendant  who  has  a  previous  and   unexpired
18    sentence  of  imprisonment imposed by another state or by any
19    district court of the United States and who,  after  sentence
20    for  a  crime in Illinois, must return to serve the unexpired
21    prior sentence may have his sentence by  the  Illinois  court
22    ordered to be concurrent with the prior sentence in the other
23    state.  The  court  may  order  that  any  time served on the
24    unexpired portion of the sentence in the other  state,  prior
25    to  his return to Illinois, shall be credited on his Illinois
26    sentence. The other state shall be furnished with a  copy  of
27    the  order  imposing  sentence which shall provide that, when
28    the offender is released from confinement of the other state,
29    whether by parole or by termination of sentence, the offender
30    shall be transferred by the Sheriff of the committing  county
31    to  the  Illinois  Department of Corrections. The court shall
32    cause the Department of Corrections to be  notified  of  such
33    sentence  at  the  time of commitment and to be provided with
34    copies of all records regarding the sentence.
 
                            -8-      LRB093 03649 RLC 03678 b
 1        (f)  A  defendant  who  has  a  previous  and   unexpired
 2    sentence of imprisonment imposed by an Illinois circuit court
 3    for  a  crime in this State and who is subsequently sentenced
 4    to a term of imprisonment by another state or by any district
 5    court of the United States and  who  has  served  a  term  of
 6    imprisonment  imposed by the other state or district court of
 7    the United States, and must  return to  serve  the  unexpired
 8    prior  sentence  imposed  by  the  Illinois Circuit Court may
 9    apply to  the  court  which  imposed  sentence  to  have  his
10    sentence reduced.
11        The  circuit  court may order that any time served on the
12    sentence imposed by the other state or district court of  the
13    United  States  be  credited  on  his Illinois sentence. Such
14    application  for   reduction  of  a   sentence   under   this
15    subsection  (f)  shall  be  made  within  30  days  after the
16    defendant has completed the sentence  imposed  by  the  other
17    state or district court of the United States.
18    (Source: P.A.  91-279,  eff.  1-1-00;  91-404,  eff.  1-1-00;
19    91-953, eff. 2-23-01; 92-16, eff. 6-28-01.)

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.