Full Text of HB6013 99th General Assembly
HB6013eng 99TH GENERAL ASSEMBLY |
| | HB6013 Engrossed | | LRB099 18914 RLC 43302 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 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; enhancements for | 8 | | use of a firearm; mandatory supervised release terms.
| 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
| 17 | | doubt that the murder was accompanied by exceptionally
| 18 | | brutal or heinous behavior indicative of wanton | 19 | | cruelty or, except as set forth
in subsection (a)(1)(c) | 20 | | of this Section, that any of the aggravating factors
| 21 | | listed in subsection (b) or (b-5) of Section 9-1 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012 are
| 23 | | present, the court may sentence the defendant, subject |
| | | HB6013 Engrossed | - 2 - | LRB099 18914 RLC 43302 b |
|
| 1 | | to Section 5-4.5-105, to a term of natural life
| 2 | | imprisonment, or
| 3 | | (c) the court shall sentence the defendant to a | 4 | | term of natural life
imprisonment if the defendant, at | 5 | | the time of the commission of the murder, had attained | 6 | | the age of 18, and
| 7 | | (i) has previously been convicted of first | 8 | | degree murder under
any state or federal law, or
| 9 | | (ii) is found guilty of murdering more
than one | 10 | | victim, or
| 11 | | (iii) is found guilty of murdering a peace | 12 | | officer, fireman, or emergency management worker | 13 | | when
the peace officer, fireman, or emergency | 14 | | management worker was killed in the course of | 15 | | performing his
official duties, or to prevent the | 16 | | peace officer or fireman from
performing his | 17 | | official duties, or in retaliation for the peace | 18 | | officer,
fireman, or emergency management worker | 19 | | from performing his official duties, and the | 20 | | defendant knew or should
have known that the | 21 | | murdered individual was a peace officer, fireman, | 22 | | or emergency management worker, or
| 23 | | (iv) is found guilty of murdering an employee | 24 | | of an institution or
facility of the Department of | 25 | | Corrections, or any similar local
correctional | 26 | | agency, when the employee was killed in the course |
| | | HB6013 Engrossed | - 3 - | LRB099 18914 RLC 43302 b |
|
| 1 | | of
performing his official duties, or to prevent | 2 | | the employee from performing
his official duties, | 3 | | or in retaliation for the employee performing his
| 4 | | official duties, or
| 5 | | (v) is found guilty of murdering an emergency | 6 | | medical
technician - ambulance, emergency medical | 7 | | technician - intermediate, emergency
medical | 8 | | technician - paramedic, ambulance driver or other | 9 | | medical assistance or
first aid person while | 10 | | employed by a municipality or other governmental | 11 | | unit
when the person was killed in the course of | 12 | | performing official duties or
to prevent the | 13 | | person from performing official duties or in | 14 | | retaliation
for performing official duties and the | 15 | | defendant knew or should have known
that the | 16 | | murdered individual was an emergency medical | 17 | | technician - ambulance,
emergency medical | 18 | | technician - intermediate, emergency medical
| 19 | | technician - paramedic, ambulance driver, or other | 20 | | medical
assistant or first aid personnel, or
| 21 | | (vi) (blank), or
| 22 | | (vii) is found guilty of first degree murder | 23 | | and the murder was
committed by reason of any | 24 | | person's activity as a community policing | 25 | | volunteer
or to prevent any person from engaging in | 26 | | activity as a community policing
volunteer. For |
| | | HB6013 Engrossed | - 4 - | LRB099 18914 RLC 43302 b |
|
| 1 | | the purpose of this Section, "community policing | 2 | | volunteer"
has the meaning ascribed to it in | 3 | | Section 2-3.5 of the Criminal Code of 2012.
| 4 | | For purposes of clause (v), "emergency medical | 5 | | technician - ambulance",
"emergency medical technician - | 6 | | intermediate", "emergency medical technician -
| 7 | | paramedic", have the meanings ascribed to them in the | 8 | | Emergency Medical
Services (EMS) Systems Act.
| 9 | | (d) (i) if the person committed the offense while | 10 | | armed with a
firearm, 15 years shall be added to | 11 | | the term of imprisonment imposed by the
court;
| 12 | | (ii) if, during the commission of the offense, | 13 | | the person
personally discharged a firearm, 20 | 14 | | years shall be added to the term of
imprisonment | 15 | | imposed by the court;
| 16 | | (iii) if, during the commission of the | 17 | | offense, the person
personally discharged a | 18 | | firearm that proximately caused great bodily harm,
| 19 | | permanent disability, permanent disfigurement, or | 20 | | death to another person, 25
years or up to a term | 21 | | of natural life shall be added to the term of
| 22 | | imprisonment imposed by the court.
| 23 | | (2) (blank);
| 24 | | (2.5) for a person convicted under the circumstances | 25 | | described in subdivision (b)(1)(B) of Section 11-1.20 or
| 26 | | paragraph (3) of subsection (b) of Section 12-13, |
| | | HB6013 Engrossed | - 5 - | LRB099 18914 RLC 43302 b |
|
| 1 | | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | 2 | | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | 3 | | Section 11-1.40 or paragraph (1.2) of subsection (b) of
| 4 | | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | 5 | | paragraph (2) of subsection (b) of Section 12-14.1
of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012, the | 7 | | sentence shall be a term of natural life
imprisonment.
| 8 | | (b) (Blank).
| 9 | | (c) (Blank).
| 10 | | (d) Subject to
earlier termination under Section 3-3-8, the | 11 | | parole or mandatory
supervised release term , if required by | 12 | | this subsection (d), shall be written as part of the sentencing | 13 | | order and shall be as follows:
| 14 | | (1) for first degree murder or a Class X felony except | 15 | | for the offenses of predatory criminal sexual assault of a | 16 | | child, aggravated criminal sexual assault, and criminal | 17 | | sexual assault if committed on or after the effective date | 18 | | of this amendatory Act of the 94th General Assembly and | 19 | | except for the offense of aggravated child pornography | 20 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 21 | | sentencing under subsection (c-5) of Section 11-20.1 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 23 | | committed on or after January 1, 2009, 3 years;
| 24 | | (2) for a Class 1 felony or a Class 2 felony except for | 25 | | the offense of criminal sexual assault if committed on or | 26 | | after the effective date of this amendatory Act of the 94th |
| | | HB6013 Engrossed | - 6 - | LRB099 18914 RLC 43302 b |
|
| 1 | | General Assembly and except for the offenses of manufacture | 2 | | and dissemination of child pornography under clauses | 3 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 4 | | of 1961 or the Criminal Code of 2012, if committed on or | 5 | | after January 1, 2009, 2 years;
| 6 | | (3) for a Class 3 felony or a Class 4 felony , 1 year;
| 7 | | (3.5) for a Class 4 felony which constitutes an offense | 8 | | involving domestic violence as defined in Section 103 of | 9 | | the Illinois Domestic Violence Act of 1986, other than an | 10 | | offense listed in paragraph (6) of this subsection (d), 1 | 11 | | year; | 12 | | (4) for defendants who commit the offense of predatory | 13 | | criminal sexual assault of a child, aggravated criminal | 14 | | sexual assault, or criminal sexual assault, on or after the | 15 | | effective date of this amendatory Act of the 94th General | 16 | | Assembly, or who commit the offense of aggravated child | 17 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 18 | | with sentencing under subsection (c-5) of Section 11-20.1 | 19 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 20 | | manufacture of child pornography, or dissemination of | 21 | | child pornography after January 1, 2009, the term of | 22 | | mandatory supervised release shall range from a minimum of | 23 | | 3 years to a maximum of the natural life of the defendant;
| 24 | | (5) if the victim is under 18 years of age, for a | 25 | | second or subsequent
offense of aggravated criminal sexual | 26 | | abuse or felony criminal sexual abuse,
4 years, at least |
| | | HB6013 Engrossed | - 7 - | LRB099 18914 RLC 43302 b |
|
| 1 | | the first 2 years of which the defendant shall serve in an
| 2 | | electronic home detention program under Article 8A of | 3 | | Chapter V of this Code;
| 4 | | (6) for a felony domestic battery, aggravated domestic | 5 | | battery, stalking, aggravated stalking, and a felony | 6 | | violation of an order of protection, 4 years. | 7 | | A mandatory supervised release term shall not be imposed | 8 | | and shall not be written as part of the sentencing order for a | 9 | | Class 4 felony, other than for an offense listed in this | 10 | | subsection (d). | 11 | | (e) (Blank).
| 12 | | (f) (Blank).
| 13 | | (Source: P.A. 99-69, eff. 1-1-16 .)
|
|