Full Text of HB5771 99th General Assembly
HB5771enr 99TH GENERAL ASSEMBLY |
| | HB5771 Enrolled | | LRB099 16804 RLC 41151 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 5-4.5-105 and 5-8-1 as follows: | 6 | | (730 ILCS 5/5-4.5-105) | 7 | | Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF | 8 | | 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. | 9 | | (a) On or after the effective date of this amendatory Act | 10 | | of the 99th General Assembly, when a person commits an offense | 11 | | and the person is under 18 years of age at the time of the | 12 | | commission of the offense, the court, at the sentencing hearing | 13 | | conducted under Section 5-4-1, shall consider the following | 14 | | additional factors in mitigation in determining the | 15 | | appropriate sentence: | 16 | | (1) the person's age, impetuosity, and level of | 17 | | maturity at the time of the offense, including the ability | 18 | | to consider risks and consequences of behavior, and the | 19 | | presence of cognitive or developmental disability, or | 20 | | both, if any; | 21 | | (2) whether the person was subjected to outside | 22 | | pressure, including peer pressure, familial pressure, or | 23 | | negative influences; |
| | | HB5771 Enrolled | - 2 - | LRB099 16804 RLC 41151 b |
|
| 1 | | (3) the person's family, home environment, educational | 2 | | and social background, including any history of parental | 3 | | neglect, physical abuse, or other childhood trauma; | 4 | | (4) the person's potential for rehabilitation or | 5 | | evidence of rehabilitation, or both; | 6 | | (5) the circumstances of the offense; | 7 | | (6) the person's degree of participation and specific | 8 | | role in the offense, including the level of planning by the | 9 | | defendant before the offense; | 10 | | (7) whether the person was able to meaningfully | 11 | | participate in his or her defense; | 12 | | (8) the person's prior juvenile or criminal history; | 13 | | and | 14 | | (9) any other information the court finds relevant and | 15 | | reliable, including an expression of remorse, if | 16 | | appropriate. However, if the person, on advice of counsel | 17 | | chooses not to make a statement, the court shall not | 18 | | consider a lack of an expression of remorse as an | 19 | | aggravating factor. | 20 | | (b) Except as provided in subsection (c), the court may | 21 | | sentence the defendant to any disposition authorized for the | 22 | | class of the offense of which he or she was found guilty as | 23 | | described in Article 4.5 of this Code, and may, in its | 24 | | discretion, decline to impose any otherwise applicable | 25 | | sentencing enhancement based upon firearm possession, | 26 | | possession with personal discharge, or possession with |
| | | HB5771 Enrolled | - 3 - | LRB099 16804 RLC 41151 b |
|
| 1 | | personal discharge that proximately causes great bodily harm, | 2 | | permanent disability, permanent disfigurement, or death to | 3 | | another person. | 4 | | (c) Notwithstanding any other provision of law, if the | 5 | | defendant is convicted of first degree murder and would | 6 | | otherwise be subject to sentencing under clause (iii), (iv), | 7 | | (v), or (vii) of subparagraph (c) of paragraph (1) of | 8 | | subsection (a) (c) of Section 5-8-1 of this Code based on the | 9 | | category of persons identified therein, the court shall impose | 10 | | a sentence of not less than 40 years of imprisonment. In | 11 | | addition, the court may, in its discretion, decline to impose | 12 | | the sentencing enhancements based upon the possession or use of | 13 | | a firearm during the commission of the offense included in | 14 | | subsection (d) of Section 5-8-1.
| 15 | | (Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16 .)
| 16 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 17 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 18 | | use of a firearm; mandatory supervised release terms.
| 19 | | (a) Except as otherwise provided in the statute defining | 20 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 21 | | imprisonment for a felony shall be a determinate sentence set | 22 | | by
the court under this Section, according to the following | 23 | | limitations:
| 24 | | (1) for first degree murder,
| 25 | | (a) (blank),
|
| | | HB5771 Enrolled | - 4 - | LRB099 16804 RLC 41151 b |
|
| 1 | | (b) if a trier of fact finds beyond a reasonable
| 2 | | doubt that the murder was accompanied by exceptionally
| 3 | | brutal or heinous behavior indicative of wanton | 4 | | cruelty or, except as set forth
in subsection (a)(1)(c) | 5 | | of this Section, that any of the aggravating factors
| 6 | | listed in subsection (b) or (b-5) of Section 9-1 of the | 7 | | Criminal Code of 1961 or the Criminal Code of 2012 are
| 8 | | present, the court may sentence the defendant, subject | 9 | | to Section 5-4.5-105, to a term of natural life
| 10 | | imprisonment, or
| 11 | | (c) the court shall sentence the defendant to a | 12 | | term of natural life
imprisonment if the defendant, at | 13 | | the time of the commission of the murder, had attained | 14 | | the age of 18, and
| 15 | | (i) has previously been convicted of first | 16 | | degree murder under
any state or federal law, or
| 17 | | (ii) is found guilty of murdering more
than one | 18 | | 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 |
| | | HB5771 Enrolled | - 5 - | LRB099 16804 RLC 41151 b |
|
| 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
|
| | | HB5771 Enrolled | - 6 - | LRB099 16804 RLC 41151 b |
|
| 1 | | technician - paramedic, ambulance driver, or other | 2 | | medical
assistant or first aid personnel, or
| 3 | | (vi) (blank), or
| 4 | | (vii) is found guilty of first degree murder | 5 | | and the murder was
committed by reason of any | 6 | | person's activity as a community policing | 7 | | volunteer
or to prevent any person from engaging in | 8 | | activity as a community policing
volunteer. For | 9 | | the purpose of this Section, "community policing | 10 | | volunteer"
has the meaning ascribed to it in | 11 | | Section 2-3.5 of the Criminal Code of 2012.
| 12 | | For purposes of clause (v), "emergency medical | 13 | | technician - ambulance",
"emergency medical technician - | 14 | | intermediate", "emergency medical technician -
| 15 | | paramedic", have the meanings ascribed to them in the | 16 | | Emergency Medical
Services (EMS) Systems Act.
| 17 | | (d) (i) if the person committed the offense while | 18 | | armed with a
firearm, 15 years shall be added to | 19 | | the term of imprisonment imposed by the
court;
| 20 | | (ii) if, during the commission of the offense, | 21 | | the person
personally discharged a firearm, 20 | 22 | | years shall be added to the term of
imprisonment | 23 | | imposed by the court;
| 24 | | (iii) if, during the commission of the | 25 | | offense, the person
personally discharged a | 26 | | firearm that proximately caused great bodily harm,
|
| | | HB5771 Enrolled | - 7 - | LRB099 16804 RLC 41151 b |
|
| 1 | | permanent disability, permanent disfigurement, or | 2 | | death to another person, 25
years or up to a term | 3 | | of natural life shall be added to the term of
| 4 | | imprisonment imposed by the court.
| 5 | | (2) (blank);
| 6 | | (2.5) for a person who has attained the age of 18 years
| 7 | | at the time of the commission of the offense and
who is | 8 | | convicted under the circumstances described in subdivision | 9 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | 10 | | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | 11 | | or paragraph (2) of subsection
(d) of Section 12-14, | 12 | | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | 13 | | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | 14 | | Section 11-1.40 or paragraph (2) of subsection (b) of | 15 | | Section 12-14.1
of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012, the sentence shall be a term of | 17 | | natural life
imprisonment.
| 18 | | (b) (Blank).
| 19 | | (c) (Blank).
| 20 | | (d) Subject to
earlier termination under Section 3-3-8, the | 21 | | parole or mandatory
supervised release term shall be written as | 22 | | part of the sentencing order and shall be as follows:
| 23 | | (1) for first degree murder or a Class X felony except | 24 | | for the offenses of predatory criminal sexual assault of a | 25 | | child, aggravated criminal sexual assault, and criminal | 26 | | sexual assault if committed on or after the effective date |
| | | HB5771 Enrolled | - 8 - | LRB099 16804 RLC 41151 b |
|
| 1 | | of this amendatory Act of the 94th General Assembly and | 2 | | except for the offense of aggravated child pornography | 3 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 4 | | sentencing under subsection (c-5) of Section 11-20.1 of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 6 | | committed on or after January 1, 2009, 3 years;
| 7 | | (2) for a Class 1 felony or a Class 2 felony except for | 8 | | the offense of criminal sexual assault if committed on or | 9 | | after the effective date of this amendatory Act of the 94th | 10 | | General Assembly and except for the offenses of manufacture | 11 | | and dissemination of child pornography under clauses | 12 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 13 | | of 1961 or the Criminal Code of 2012, if committed on or | 14 | | after January 1, 2009, 2 years;
| 15 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 16 | | (4) for defendants who commit the offense of predatory | 17 | | criminal sexual assault of a child, aggravated criminal | 18 | | sexual assault, or criminal sexual assault, on or after the | 19 | | effective date of this amendatory Act of the 94th General | 20 | | Assembly, or who commit the offense of aggravated child | 21 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 22 | | with sentencing under subsection (c-5) of Section 11-20.1 | 23 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 24 | | manufacture of child pornography, or dissemination of | 25 | | child pornography after January 1, 2009, the term of | 26 | | mandatory supervised release shall range from a minimum of |
| | | HB5771 Enrolled | - 9 - | LRB099 16804 RLC 41151 b |
|
| 1 | | 3 years to a maximum of the natural life of the defendant;
| 2 | | (5) if the victim is under 18 years of age, for a | 3 | | second or subsequent
offense of aggravated criminal sexual | 4 | | abuse or felony criminal sexual abuse,
4 years, at least | 5 | | the first 2 years of which the defendant shall serve in an
| 6 | | electronic home detention program under Article 8A of | 7 | | Chapter V of this Code;
| 8 | | (6) for a felony domestic battery, aggravated domestic | 9 | | battery, stalking, aggravated stalking, and a felony | 10 | | violation of an order of protection, 4 years. | 11 | | (e) (Blank).
| 12 | | (f) (Blank).
| 13 | | (Source: P.A. 99-69, eff. 1-1-16 .)
|
|