Full Text of HB5197 96th General Assembly
HB5197ham001 96TH GENERAL ASSEMBLY
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Rep. Dan Brady
Filed: 3/16/2010
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09600HB5197ham001 |
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LRB096 16200 RLC 39102 a |
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| AMENDMENT TO HOUSE BILL 5197
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| AMENDMENT NO. ______. Amend House Bill 5197 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 5-8-1 as follows: | 6 |
| (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) | 7 |
| Sec. 5-8-1. Natural life imprisonment; mandatory | 8 |
| supervised release. | 9 |
| (a) Except as otherwise provided in the statute defining | 10 |
| the offense or in Article 4.5 of Chapter V, a
sentence of | 11 |
| imprisonment for a felony shall be a determinate sentence set | 12 |
| by
the court under this Section, according to the following | 13 |
| limitations: | 14 |
| (1) for first degree murder, | 15 |
| (a) (blank), | 16 |
| (b) if a trier of fact finds beyond a reasonable
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LRB096 16200 RLC 39102 a |
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| doubt that the murder was accompanied by exceptionally
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| brutal or heinous behavior indicative of wanton | 3 |
| cruelty or , except as set forth
in subsection (a)(1)(c) | 4 |
| of this Section, that any of the aggravating factors
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| listed in subsection (b) of Section 9-1 of the Criminal | 6 |
| Code of 1961 are
present, the court may sentence the | 7 |
| defendant to a term of natural life
imprisonment, or | 8 |
| (c) the court shall sentence the defendant to a | 9 |
| term of natural life
imprisonment when the death | 10 |
| penalty is not imposed if the defendant, | 11 |
| (i) has previously been convicted of first | 12 |
| degree murder under
any state or federal law, or | 13 |
| (ii) is a person who, at the time of the | 14 |
| commission of the murder,
had attained the age of | 15 |
| 17 or more and is found guilty of murdering an
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| individual under 12 years of age; or, irrespective | 17 |
| of the defendant's age at
the time of the | 18 |
| commission of the offense, is found guilty of | 19 |
| murdering more
than one victim, or | 20 |
| (iii) is found guilty of murdering a peace | 21 |
| officer, fireman, or emergency management worker | 22 |
| when
the peace officer, fireman, or emergency | 23 |
| management worker was killed in the course of | 24 |
| performing his
official duties, or to prevent the | 25 |
| peace officer or fireman from
performing his | 26 |
| official duties, or in retaliation for the peace |
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LRB096 16200 RLC 39102 a |
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| officer,
fireman, or emergency management worker | 2 |
| from performing his official duties, and the | 3 |
| defendant knew or should
have known that the | 4 |
| murdered individual was a peace officer, fireman, | 5 |
| or emergency management worker, or | 6 |
| (iv) is found guilty of murdering an employee | 7 |
| of an institution or
facility of the Department of | 8 |
| Corrections, or any similar local
correctional | 9 |
| agency, when the employee was killed in the course | 10 |
| of
performing his official duties, or to prevent | 11 |
| the employee from performing
his official duties, | 12 |
| or in retaliation for the employee performing his
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| official duties, or | 14 |
| (v) is found guilty of murdering an emergency | 15 |
| medical
technician - ambulance, emergency medical | 16 |
| technician - intermediate, emergency
medical | 17 |
| technician - paramedic, ambulance driver or other | 18 |
| medical assistance or
first aid person while | 19 |
| employed by a municipality or other governmental | 20 |
| unit
when the person was killed in the course of | 21 |
| performing official duties or
to prevent the | 22 |
| person from performing official duties or in | 23 |
| retaliation
for performing official duties and the | 24 |
| defendant knew or should have known
that the | 25 |
| murdered individual was an emergency medical | 26 |
| technician - ambulance,
emergency medical |
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LRB096 16200 RLC 39102 a |
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| technician - intermediate, emergency medical
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| technician - paramedic, ambulance driver, or other | 3 |
| medical
assistant or first aid personnel, or | 4 |
| (vi) is a person who, at the time of the | 5 |
| commission of the murder,
had not attained the age | 6 |
| of 17, and is found guilty of murdering a person | 7 |
| under
12 years of age and the murder is committed | 8 |
| during the course of aggravated
criminal sexual | 9 |
| assault, criminal sexual assault, or aggravated | 10 |
| kidnaping,
or | 11 |
| (vii) is found guilty of first degree murder | 12 |
| and the murder was
committed by reason of any | 13 |
| person's activity as a community policing | 14 |
| volunteer
or to prevent any person from engaging in | 15 |
| activity as a community policing
volunteer. For | 16 |
| the purpose of this Section, "community policing | 17 |
| volunteer"
has the meaning ascribed to it in | 18 |
| Section 2-3.5 of the Criminal Code of 1961 , or . | 19 |
| (viii) is found guilty of first degree murder | 20 |
| and the murder was
was accompanied by | 21 |
| exceptionally
brutal or heinous behavior | 22 |
| indicative of wanton cruelty. | 23 |
| For purposes of clause (v), "emergency medical | 24 |
| technician - ambulance",
"emergency medical technician - | 25 |
| intermediate", "emergency medical technician -
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| paramedic", have the meanings ascribed to them in the |
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LRB096 16200 RLC 39102 a |
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| 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, | 6 |
| the person
personally discharged a firearm, 20 | 7 |
| years shall be added to the term of
imprisonment | 8 |
| imposed by the court; | 9 |
| (iii) if, during the commission of the | 10 |
| offense, the person
personally discharged a | 11 |
| firearm that proximately caused great bodily harm,
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| permanent disability, permanent disfigurement, or | 13 |
| death to another person, 25
years or up to a term | 14 |
| of natural life shall be added to the term of
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| imprisonment imposed by the court. | 16 |
| (2) (blank); | 17 |
| (2.5) for a person convicted under the circumstances | 18 |
| described in
paragraph (3) of subsection (b) of Section | 19 |
| 12-13, paragraph (2) of subsection
(d) of Section 12-14, | 20 |
| paragraph (1.2) of subsection (b) of
Section 12-14.1, or | 21 |
| paragraph (2) of subsection (b) of Section 12-14.1
of the | 22 |
| Criminal Code of 1961, the sentence shall be a term of | 23 |
| natural life
imprisonment. | 24 |
| (b) (Blank . ) . | 25 |
| (c) (Blank . ) . | 26 |
| (d) Subject to
earlier termination under Section 3-3-8, the |
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| parole or mandatory
supervised release term shall be as | 2 |
| follows: | 3 |
| (1) for first degree murder or a Class X felony except | 4 |
| for the offenses of predatory criminal sexual assault of a | 5 |
| child, aggravated criminal sexual assault, and criminal | 6 |
| sexual assault if committed on or after the effective date | 7 |
| of this amendatory Act of the 94th General Assembly and | 8 |
| except for the offense of aggravated child pornography | 9 |
| under Section 11-20.3 of the Criminal Code of 1961, if | 10 |
| committed on or after January 1, 2009, 3 years; | 11 |
| (2) for a Class 1 felony or a Class 2 felony except for | 12 |
| the offense of criminal sexual assault if committed on or | 13 |
| after the effective date of this amendatory Act of the 94th | 14 |
| General Assembly and except for the offenses of manufacture | 15 |
| and dissemination of child pornography under clauses | 16 |
| (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 17 |
| of 1961, if committed on or after January 1, 2009, 2 years; | 18 |
| (3) for a Class 3 felony or a Class 4 felony, 1 year; | 19 |
| (4) for defendants who commit the offense of predatory | 20 |
| criminal sexual assault of a child, aggravated criminal | 21 |
| sexual assault, or criminal sexual assault, on or after the | 22 |
| effective date of this amendatory Act of the 94th General | 23 |
| Assembly, or who commit the offense of aggravated child | 24 |
| pornography, manufacture of child pornography, or | 25 |
| dissemination of child pornography after January 1, 2009, | 26 |
| the term of mandatory supervised release shall range from a |
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| minimum of 3 years to a maximum of the natural life of the | 2 |
| defendant; | 3 |
| (5) if the victim is under 18 years of age, for a | 4 |
| second or subsequent
offense of aggravated criminal sexual | 5 |
| abuse or felony criminal sexual abuse,
4 years, at least | 6 |
| the first 2 years of which the defendant shall serve in an
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| electronic home detention program under Article 8A of | 8 |
| Chapter V of this Code; | 9 |
| (6) for a felony domestic battery, aggravated domestic | 10 |
| battery, stalking, aggravated stalking, and a felony | 11 |
| violation of an order of protection, 4 years. | 12 |
| (e) (Blank . ) . | 13 |
| (f) (Blank . ) . | 14 |
| (Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; | 15 |
| 96-282, eff. 1-1-10; revised 9-4-09.)".
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