Full Text of HB1964 96th General Assembly
HB1964ham001 96TH GENERAL ASSEMBLY
|
Rep. Karen A. Yarbrough
Filed: 3/10/2009
|
|
09600HB1964ham001 |
|
LRB096 05323 RLC 23339 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 1964
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1964 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 5-8-1 and by adding Section 3-3-5.1 as | 6 |
| follows: | 7 |
| (730 ILCS 5/3-3-5.1 new)
| 8 |
| Sec. 3-3-5.1. First degree murder; domestic relations; | 9 |
| early release. | 10 |
| (a) Notwithstanding any other provision of law to the | 11 |
| contrary, any committed person who has been sentenced to death | 12 |
| or natural life imprisonment shall be eligible for parole or | 13 |
| mandatory supervised release after having served 15 years of | 14 |
| such sentence when the Prisoner Review Board determines by | 15 |
| using the guidelines established by this Section that there is | 16 |
| a strong and reasonable probability that the person will not |
|
|
|
09600HB1964ham001 |
- 2 - |
LRB096 05323 RLC 23339 a |
|
| 1 |
| thereafter violate the law and the person: | 2 |
| (1) pleaded guilty to or was found guilty of first | 3 |
| degree murder of a spouse or household member who had an | 4 |
| intimate dating or engagement relationship with the | 5 |
| committed person; | 6 |
| (2) has no prior felony convictions that constitute | 7 |
| violent crimes as defined in subsection (c) of Section 3 of | 8 |
| the Rights of Crime Victims and Witnesses Act; | 9 |
| (3) no longer has a cognizable legal claim or legal | 10 |
| recourse; and | 11 |
| (4) has a history of being a victim of continual and | 12 |
| substantial physical or sexual domestic violence that was | 13 |
| not presented as an affirmative defense at trial or | 14 |
| sentencing and such history can be corroborated with | 15 |
| evidence of facts or circumstances which existed at the | 16 |
| time of the alleged physical or sexual domestic violence of | 17 |
| the offender, including but not limited to witness | 18 |
| statements, hospital records, social services records, and | 19 |
| law enforcement records. | 20 |
| (b) The Prisoner Review Board shall give a thorough review | 21 |
| of the case history and prison record of any offender described | 22 |
| in subsection (a) of this Section. At the end of the Board's | 23 |
| review, the Board shall provide the offender with a copy of a | 24 |
| statement of reasons for its parole or mandatory supervised | 25 |
| release decision. | 26 |
| (c) Any offender released under the provisions of this |
|
|
|
09600HB1964ham001 |
- 3 - |
LRB096 05323 RLC 23339 a |
|
| 1 |
| Section shall be under the supervision of the Prisoner Review | 2 |
| Board for an amount of time to be determined by the Board. | 3 |
| (d) The Board shall consider, but not be limited to the | 4 |
| following criteria when making its parole or mandatory | 5 |
| supervised release decision: | 6 |
| (1) length of time served; | 7 |
| (2) correctional institution record and | 8 |
| self-rehabilitation efforts; | 9 |
| (3) whether the history of the case included | 10 |
| corroborative material of physical, sexual, mental, or | 11 |
| emotional abuse of the offender, including but not limited | 12 |
| to witness statements, hospital records, social service | 13 |
| records, and law enforcement records; | 14 |
| (4) if an offer of a plea bargain was made and if so, | 15 |
| why the offender rejected or accepted the offer; | 16 |
| (5) any victim information submitted under the Rights | 17 |
| of Crime Victims and Witnesses Act; | 18 |
| (6) the offender's continued claim of innocence; | 19 |
| (7) the age and maturity of the offender at the time of | 20 |
| the Board's decision; | 21 |
| (8) the age and maturity of the offender at the time of | 22 |
| the crime and any contributing influence affecting the | 23 |
| offender's judgment; | 24 |
| (9) the presence of a workable parole plan; and | 25 |
| (10) community and family support. | 26 |
| (e) Nothing in this Section shall limit the review of any |
|
|
|
09600HB1964ham001 |
- 4 - |
LRB096 05323 RLC 23339 a |
|
| 1 |
| offender's case who is eligible for parole or mandatory | 2 |
| supervised release prior to 15 years, nor shall it limit in any | 3 |
| way the Prisoner Review Board's power to grant parole or | 4 |
| mandatory supervised release prior to 15 years. | 5 |
| (f) Nothing in this Section shall limit the review of any | 6 |
| defendant's case who has applied for executive clemency, nor | 7 |
| shall it limit in any way the Governor's power to grant | 8 |
| clemency. | 9 |
| (g) It shall be the responsibility of the defendant to | 10 |
| petition the Board for a hearing under this subsection. | 11 |
| (h) A person commits the crime of perjury under Section | 12 |
| 32-2 of the Criminal Code of 1961 if he or she, with the | 13 |
| purpose to deceive, knowingly makes a false witness statement | 14 |
| to the Board. | 15 |
| (i) In cases where witness statements alleging physical or | 16 |
| sexual domestic violence are in conflict as to whether such | 17 |
| violence occurred or was continual and substantial in nature, | 18 |
| the history of such alleged violence shall be established by | 19 |
| other corroborative evidence in addition to witness | 20 |
| statements, as provided by subsection (a) of this Section. A | 21 |
| contradictory statement of the victim shall not be deemed a | 22 |
| conflicting statement for purposes of this Section.
| 23 |
| (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 24 |
| (Text of Section after amendment by P.A. 95-983 )
| 25 |
| Sec. 5-8-1. Sentence of Imprisonment for Felony.
|
|
|
|
09600HB1964ham001 |
- 5 - |
LRB096 05323 RLC 23339 a |
|
| 1 |
| (a) Except as otherwise provided in the statute defining | 2 |
| the offense, a
sentence of imprisonment for a felony shall be a | 3 |
| determinate sentence set by
the court under this Section, | 4 |
| according to the following limitations:
| 5 |
| (1) for first degree murder,
| 6 |
| (a) a term shall be not less than 20 years
and not | 7 |
| more than 60 years, or
| 8 |
| (b) if a trier of fact finds beyond a reasonable
| 9 |
| doubt that the murder was accompanied by exceptionally
| 10 |
| brutal or heinous behavior indicative of wanton | 11 |
| cruelty or, except as set forth
in subsection (a)(1)(c) | 12 |
| of this Section, that any of the aggravating factors
| 13 |
| listed in subsection (b) of Section 9-1 of the Criminal | 14 |
| Code of 1961 are
present, the court may sentence the | 15 |
| defendant to a term of natural life
imprisonment, or
| 16 |
| (c) the court shall sentence the defendant to a | 17 |
| term of natural life
imprisonment when the death | 18 |
| penalty is not imposed if the defendant,
| 19 |
| (i) has previously been convicted of first | 20 |
| degree murder under
any state or federal law, or
| 21 |
| (ii) is a person who, at the time of the | 22 |
| commission of the murder,
had attained the age of | 23 |
| 17 or more and is found guilty of murdering an
| 24 |
| individual under 12 years of age; or, irrespective | 25 |
| of the defendant's age at
the time of the | 26 |
| commission of the offense, is found guilty of |
|
|
|
09600HB1964ham001 |
- 6 - |
LRB096 05323 RLC 23339 a |
|
| 1 |
| murdering more
than one victim, or
| 2 |
| (iii) is found guilty of murdering a peace | 3 |
| officer, fireman, or emergency management worker | 4 |
| when
the peace officer, fireman, or emergency | 5 |
| management worker was killed in the course of | 6 |
| performing his
official duties, or to prevent the | 7 |
| peace officer or fireman from
performing his | 8 |
| official duties, or in retaliation for the peace | 9 |
| officer,
fireman, or emergency management worker | 10 |
| from performing his official duties, and the | 11 |
| defendant knew or should
have known that the | 12 |
| murdered individual was a peace officer, fireman, | 13 |
| or emergency management worker, or
| 14 |
| (iv) is found guilty of murdering an employee | 15 |
| of an institution or
facility of the Department of | 16 |
| Corrections, or any similar local
correctional | 17 |
| agency, when the employee was killed in the course | 18 |
| of
performing his official duties, or to prevent | 19 |
| the employee from performing
his official duties, | 20 |
| or in retaliation for the employee performing his
| 21 |
| official duties, or
| 22 |
| (v) is found guilty of murdering an emergency | 23 |
| medical
technician - ambulance, emergency medical | 24 |
| technician - intermediate, emergency
medical | 25 |
| technician - paramedic, ambulance driver or other | 26 |
| medical assistance or
first aid person while |
|
|
|
09600HB1964ham001 |
- 7 - |
LRB096 05323 RLC 23339 a |
|
| 1 |
| employed by a municipality or other governmental | 2 |
| unit
when the person was killed in the course of | 3 |
| performing official duties or
to prevent the | 4 |
| person from performing official duties or in | 5 |
| retaliation
for performing official duties and the | 6 |
| defendant knew or should have known
that the | 7 |
| murdered individual was an emergency medical | 8 |
| technician - ambulance,
emergency medical | 9 |
| technician - intermediate, emergency medical
| 10 |
| technician - paramedic, ambulance driver, or other | 11 |
| medical
assistant or first aid personnel, or
| 12 |
| (vi) is a person who, at the time of the | 13 |
| commission of the murder,
had not attained the age | 14 |
| of 17, and is found guilty of murdering a person | 15 |
| under
12 years of age and the murder is committed | 16 |
| during the course of aggravated
criminal sexual | 17 |
| assault, criminal sexual assault, or aggravated | 18 |
| kidnaping,
or
| 19 |
| (vii) is found guilty of first degree murder | 20 |
| and the murder was
committed by reason of any | 21 |
| person's activity as a community policing | 22 |
| volunteer
or to prevent any person from engaging in | 23 |
| activity as a community policing
volunteer. For | 24 |
| the purpose of this Section, "community policing | 25 |
| volunteer"
has the meaning ascribed to it in | 26 |
| Section 2-3.5 of the Criminal Code of 1961.
|
|
|
|
09600HB1964ham001 |
- 8 - |
LRB096 05323 RLC 23339 a |
|
| 1 |
| For purposes of clause (v), "emergency medical | 2 |
| technician - ambulance",
"emergency medical technician - | 3 |
| intermediate", "emergency medical technician -
| 4 |
| paramedic", have the meanings ascribed to them in the | 5 |
| Emergency Medical
Services (EMS) Systems Act.
| 6 |
| (d) (i) if the person committed the offense while | 7 |
| armed with a
firearm, 15 years shall be added to | 8 |
| the term of imprisonment imposed by the
court;
| 9 |
| (ii) if, during the commission of the offense, | 10 |
| the person
personally discharged a firearm, 20 | 11 |
| years shall be added to the term of
imprisonment | 12 |
| imposed by the court;
| 13 |
| (iii) if, during the commission of the | 14 |
| offense, the person
personally discharged a | 15 |
| firearm that proximately caused great bodily harm,
| 16 |
| permanent disability, permanent disfigurement, or | 17 |
| death to another person, 25
years or up to a term | 18 |
| of natural life shall be added to the term of
| 19 |
| imprisonment imposed by the court.
| 20 |
| (1.5) for second degree murder, a term shall be not | 21 |
| less than 4 years
and not more than 20 years;
| 22 |
| (2) for a person adjudged a habitual criminal under | 23 |
| Article 33B of
the Criminal Code of 1961, as amended, the | 24 |
| sentence shall be a term of
natural life imprisonment;
| 25 |
| (2.5) for a person convicted under the circumstances | 26 |
| described in
paragraph (3) of subsection (b) of Section |
|
|
|
09600HB1964ham001 |
- 9 - |
LRB096 05323 RLC 23339 a |
|
| 1 |
| 12-13, paragraph (2) of subsection
(d) of Section 12-14, | 2 |
| paragraph (1.2) of subsection (b) of
Section 12-14.1, or | 3 |
| paragraph (2) of subsection (b) of Section 12-14.1
of the | 4 |
| Criminal Code of 1961, the sentence shall be a term of | 5 |
| natural life
imprisonment;
| 6 |
| (3) except as otherwise provided in the statute | 7 |
| defining the
offense, for a Class X felony, the sentence | 8 |
| shall be not less than 6
years and not more than 30 years;
| 9 |
| (4) for a Class 1 felony, other than second degree | 10 |
| murder, the sentence
shall be not less than 4 years and not | 11 |
| more than 15 years;
| 12 |
| (5) for a Class 2 felony, the sentence shall be not | 13 |
| less than 3
years and not more than 7 years;
| 14 |
| (6) for a Class 3 felony, the sentence shall be not | 15 |
| less than 2
years and not more than 5 years;
| 16 |
| (7) for a Class 4 felony, the sentence shall be not | 17 |
| less than 1 year
and not more than 3 years.
| 18 |
| (b) The sentencing judge in each felony conviction shall | 19 |
| set forth
his reasons for imposing the particular sentence he | 20 |
| enters in the case,
as provided in Section 5-4-1 of this Code. | 21 |
| Those reasons may include
any mitigating or aggravating factors | 22 |
| specified in this Code, or the
lack of any such circumstances, | 23 |
| as well as any other such factors as the
judge shall set forth | 24 |
| on the record that are consistent with the
purposes and | 25 |
| principles of sentencing set out in this Code.
| 26 |
| (c) A motion to reduce a sentence may be made, or the court |
|
|
|
09600HB1964ham001 |
- 10 - |
LRB096 05323 RLC 23339 a |
|
| 1 |
| may reduce
a sentence without motion, within 30 days after the | 2 |
| sentence is imposed.
A defendant's challenge to the correctness | 3 |
| of a sentence or to any aspect of
the sentencing hearing shall | 4 |
| be made by a written motion filed within 30 days
following the | 5 |
| imposition of sentence. However, the court may not increase a
| 6 |
| sentence once it is 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 seeking | 10 |
| a determination on the motion and the court shall
thereafter | 11 |
| 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 be | 15 |
| considered to have been entered until the motion to
reduce a | 16 |
| sentence has been decided by order entered by the trial court.
| 17 |
| A motion filed pursuant to this subsection shall not be | 18 |
| considered to have
been timely
filed unless it is filed with | 19 |
| the circuit court clerk within 30 days after
the sentence is | 20 |
| imposed together with a notice of motion, which notice of
| 21 |
| motion shall set the motion on the court's calendar on a date | 22 |
| certain within
a reasonable time after the date of filing.
| 23 |
| (d) Except where a term of natural life is imposed and | 24 |
| except as otherwise provided in Section 3-3-5.1 , every sentence
| 25 |
| shall include as though written therein a term in addition to | 26 |
| the term
of imprisonment. For those sentenced under the law in |
|
|
|
09600HB1964ham001 |
- 11 - |
LRB096 05323 RLC 23339 a |
|
| 1 |
| effect prior to
February 1, 1978, such term shall be identified | 2 |
| as a parole
term. For those sentenced on or after February 1, | 3 |
| 1978, such term
shall be identified as a mandatory supervised | 4 |
| release term. Subject to
earlier termination under Section | 5 |
| 3-3-8, the parole or mandatory
supervised release term shall be | 6 |
| as follows:
| 7 |
| (1) for first degree murder or a Class X felony except | 8 |
| for the offenses of predatory criminal sexual assault of a | 9 |
| child, aggravated criminal sexual assault, and criminal | 10 |
| sexual assault if committed on or after the effective date | 11 |
| of this amendatory Act of the 94th General Assembly and | 12 |
| except for the offense of aggravated child pornography | 13 |
| under Section 11-20.3 of the Criminal Code of 1961, if | 14 |
| committed on or after January 1, 2009, 3 years;
| 15 |
| (2) for a Class 1 felony or a Class 2 felony except for | 16 |
| the offense of criminal sexual assault if committed on or | 17 |
| after the effective date of this amendatory Act of the 94th | 18 |
| General Assembly and except for the offenses of manufacture | 19 |
| and dissemination of child pornography under clauses | 20 |
| (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 21 |
| of 1961, if committed on or after January 1, 2009, 2 years;
| 22 |
| (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 23 |
| (4) for defendants who commit the offense of predatory | 24 |
| criminal sexual assault of a child, aggravated criminal | 25 |
| sexual assault, or criminal sexual assault, on or after the | 26 |
| effective date of this amendatory Act of the 94th General |
|
|
|
09600HB1964ham001 |
- 12 - |
LRB096 05323 RLC 23339 a |
|
| 1 |
| Assembly, or who commit the offense of aggravated child | 2 |
| pornography, manufacture of child pornography, or | 3 |
| dissemination of child pornography after January 1, 2009, | 4 |
| the term of mandatory supervised release shall range from a | 5 |
| minimum of 3 years to a maximum of the natural life of the | 6 |
| defendant;
| 7 |
| (5) if the victim is under 18 years of age, for a | 8 |
| second or subsequent
offense of aggravated criminal sexual | 9 |
| abuse or felony criminal sexual abuse,
4 years, at least | 10 |
| the first 2 years of which the defendant shall serve in an
| 11 |
| electronic home detention program under Article 8A of | 12 |
| Chapter V of this Code.
| 13 |
| (e) A defendant who has a previous and unexpired sentence | 14 |
| of
imprisonment imposed by another state or by any district | 15 |
| court of the
United States and who, after sentence for a
crime | 16 |
| in Illinois, must return to serve the unexpired prior sentence | 17 |
| may
have his sentence by the Illinois court ordered to be | 18 |
| concurrent with
the prior sentence in the other state. The | 19 |
| court may order that any time
served on the unexpired portion | 20 |
| of the sentence in the other state,
prior to his return to | 21 |
| Illinois, shall be credited on his Illinois
sentence. The other | 22 |
| state shall be furnished with a copy of the order
imposing | 23 |
| sentence which shall provide that, when the offender is
| 24 |
| released from confinement of the other state, whether by parole | 25 |
| or by
termination of sentence, the offender shall be | 26 |
| transferred by the
Sheriff of the committing county to the |
|
|
|
09600HB1964ham001 |
- 13 - |
LRB096 05323 RLC 23339 a |
|
| 1 |
| Illinois Department of
Corrections. The court shall cause the | 2 |
| Department of Corrections to be
notified of such sentence at | 3 |
| the time of commitment and to be provided
with copies of all | 4 |
| records regarding the sentence.
| 5 |
| (f) A defendant who has a previous and unexpired sentence | 6 |
| of imprisonment
imposed by an Illinois circuit court for a | 7 |
| crime in this State and who is
subsequently sentenced to a term | 8 |
| of imprisonment by another state or by
any district court of | 9 |
| the United States and who has served a term of
imprisonment | 10 |
| imposed by the other state or district court of the United
| 11 |
| States, and must return to serve the unexpired prior sentence | 12 |
| imposed by
the Illinois Circuit Court may apply to the court | 13 |
| which imposed sentence to
have his sentence reduced.
| 14 |
| The circuit court may order that any time served on the | 15 |
| sentence imposed
by the other state or district court of the | 16 |
| United States be credited on
his Illinois sentence. Such | 17 |
| application for reduction of a sentence under
this subsection | 18 |
| (f) shall be made within 30 days after the defendant has
| 19 |
| completed the sentence imposed by the other state or district | 20 |
| court of the
United States.
| 21 |
| (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | 22 |
| 94-715, eff. 12-13-05; 95-983, eff. 6-1-09.)".
|
|