Full Text of HB1440 103rd General Assembly
HB1440sam002 103RD GENERAL ASSEMBLY | Sen. Patrick J. Joyce Filed: 11/8/2023 | | 10300HB1440sam002 | | LRB103 03560 RLC 65338 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1440
| 2 | | AMENDMENT NO. ______. Amend House Bill 1440, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The Unified Code of Corrections is amended by | 6 | | changing Section 5-4.5-110 as follows: | 7 | | (730 ILCS 5/5-4.5-110) | 8 | | (Section scheduled to be repealed on January 1, 2024) | 9 | | Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH | 10 | | PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. | 11 | | (a) DEFINITIONS. For the purposes of this Section: | 12 | | "Firearm" has the meaning ascribed to it in Section | 13 | | 1.1 of the Firearm Owners Identification Card Act. | 14 | | "Qualifying predicate offense" means the following | 15 | | offenses under the Criminal Code of 2012: | 16 | | (A) aggravated unlawful use of a weapon under |
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| 1 | | Section 24-1.6 or similar offense under the Criminal | 2 | | Code of 1961, when the weapon is a firearm; | 3 | | (B) unlawful use or possession of a weapon by a | 4 | | felon under Section 24-1.1 or similar offense under | 5 | | the Criminal Code of 1961, when the weapon is a | 6 | | firearm; | 7 | | (C) first degree murder under Section 9-1 or | 8 | | similar offense under the Criminal Code of 1961; | 9 | | (D) attempted first degree murder with a firearm | 10 | | or similar offense under the Criminal Code of 1961; | 11 | | (E) aggravated kidnapping with a firearm under | 12 | | paragraph (6) or (7) of subsection (a) of Section 10-2 | 13 | | or similar offense under the Criminal Code of 1961; | 14 | | (F) aggravated battery with a firearm under | 15 | | subsection (e) of Section 12-3.05 or similar offense | 16 | | under the Criminal Code of 1961; | 17 | | (G) aggravated criminal sexual assault under | 18 | | Section 11-1.30 or similar offense under the Criminal | 19 | | Code of 1961; | 20 | | (H) predatory criminal sexual assault of a child | 21 | | under Section 11-1.40 or similar offense under the | 22 | | Criminal Code of 1961; | 23 | | (I) armed robbery under Section 18-2 or similar | 24 | | offense under the Criminal Code of 1961; | 25 | | (J) vehicular hijacking under Section 18-3 or | 26 | | similar offense under the Criminal Code of 1961; |
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| 1 | | (K) aggravated vehicular hijacking under Section | 2 | | 18-4 or similar offense under the Criminal Code of | 3 | | 1961; | 4 | | (L) home invasion with a firearm under paragraph | 5 | | (3), (4), or (5) of subsection (a) of Section 19-6 or | 6 | | similar offense under the Criminal Code of 1961; | 7 | | (M) aggravated discharge of a firearm under | 8 | | Section 24-1.2 or similar offense under the Criminal | 9 | | Code of 1961; | 10 | | (N) aggravated discharge of a machine gun or a | 11 | | firearm equipped with a device designed or used for | 12 | | silencing the report of a firearm under Section | 13 | | 24-1.2-5 or similar offense under the Criminal Code of | 14 | | 1961; | 15 | | (0) unlawful use of firearm projectiles under | 16 | | Section 24-2.1 or similar offense under the Criminal | 17 | | Code of 1961; | 18 | | (P) manufacture, sale, or transfer of bullets or | 19 | | shells represented to be armor piercing bullets, | 20 | | dragon's breath shotgun shells, bolo shells, or | 21 | | flechette shells under Section 24-2.2 or similar | 22 | | offense under the Criminal Code of 1961; | 23 | | (Q) unlawful sale or delivery of firearms under | 24 | | Section 24-3 or similar offense under the Criminal | 25 | | Code of 1961; | 26 | | (R) unlawful discharge of firearm projectiles |
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| 1 | | under Section 24-3.2 or similar offense under the | 2 | | Criminal Code of 1961; | 3 | | (S) unlawful sale or delivery of firearms on | 4 | | school premises of any school under Section 24-3.3 or | 5 | | similar offense under the Criminal Code of 1961; | 6 | | (T) unlawful purchase of a firearm under Section | 7 | | 24-3.5 or similar offense under the Criminal Code of | 8 | | 1961; | 9 | | (U) use of a stolen firearm in the commission of an | 10 | | offense under Section 24-3.7 or similar offense under | 11 | | the Criminal Code of 1961; | 12 | | (V) possession of a stolen firearm under Section | 13 | | 24-3.8 or similar offense under the Criminal Code of | 14 | | 1961; | 15 | | (W) aggravated possession of a stolen firearm | 16 | | under Section 24-3.9 or similar offense under the | 17 | | Criminal Code of 1961; | 18 | | (X) gunrunning under Section 24-3A or similar | 19 | | offense under the Criminal Code of 1961; | 20 | | (Y) defacing identification marks of firearms | 21 | | under Section 24-5 or similar offense under the | 22 | | Criminal Code of 1961; and | 23 | | (Z) armed violence under Section 33A-2 or similar | 24 | | offense under the Criminal Code of 1961. | 25 | | (b) APPLICABILITY. For an offense committed on or after | 26 | | January 1, 2018 (the effective date of Public Act 100-3) and |
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| 1 | | before January 1, 2025 2024 , when a person is convicted of | 2 | | unlawful use or possession of a weapon by a felon, when the | 3 | | weapon is a firearm, or aggravated unlawful use of a weapon, | 4 | | when the weapon is a firearm, after being previously convicted | 5 | | of a qualifying predicate offense the person shall be subject | 6 | | to the sentencing guidelines under this Section. | 7 | | (c) SENTENCING GUIDELINES. | 8 | | (1) When a person is convicted of unlawful use or | 9 | | possession of a weapon by a felon, when the weapon is a | 10 | | firearm, and that person has been previously convicted of | 11 | | a qualifying predicate offense, the person shall be | 12 | | sentenced to a term of imprisonment within the sentencing | 13 | | range of not less than 7 years and not more than 14 years, | 14 | | unless the court finds that a departure from the | 15 | | sentencing guidelines under this paragraph is warranted | 16 | | under subsection (d) of this Section. | 17 | | (2) When a person is convicted of aggravated unlawful | 18 | | use of a weapon, when the weapon is a firearm, and that | 19 | | person has been previously convicted of a qualifying | 20 | | predicate offense, the person shall be sentenced to a term | 21 | | of imprisonment within the sentencing range of not less | 22 | | than 6 years and not more than 7 years, unless the court | 23 | | finds that a departure from the sentencing guidelines | 24 | | under this paragraph is warranted under subsection (d) of | 25 | | this Section. | 26 | | (3) The sentencing guidelines in paragraphs (1) and |
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| 1 | | (2) of this subsection (c) apply only to offenses | 2 | | committed on and after January 1, 2018 (the effective date | 3 | | of Public Act 100-3) and before January 1, 2025 2024 . | 4 | | (d) DEPARTURE FROM SENTENCING GUIDELINES. | 5 | | (1) At the sentencing hearing conducted under Section | 6 | | 5-4-1 of this Code, the court may depart from the | 7 | | sentencing guidelines provided in subsection (c) of this | 8 | | Section and impose a sentence otherwise authorized by law | 9 | | for the offense if the court, after considering any factor | 10 | | under paragraph (2) of this subsection (d) relevant to the | 11 | | nature and circumstances of the crime and to the history | 12 | | and character of the defendant, finds on the record | 13 | | substantial and compelling justification that the sentence | 14 | | within the sentencing guidelines would be unduly harsh and | 15 | | that a sentence otherwise authorized by law would be | 16 | | consistent with public safety and does not deprecate the | 17 | | seriousness of the offense. | 18 | | (2) In deciding whether to depart from the sentencing | 19 | | guidelines under this paragraph, the court shall consider: | 20 | | (A) the age, immaturity, or limited mental | 21 | | capacity of the defendant at the time of commission of | 22 | | the qualifying predicate or current offense, including | 23 | | whether the defendant was suffering from a mental or | 24 | | physical condition insufficient to constitute a | 25 | | defense but significantly reduced the defendant's | 26 | | culpability; |
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| 1 | | (B) the nature and circumstances of the qualifying | 2 | | predicate offense; | 3 | | (C) the time elapsed since the qualifying | 4 | | predicate offense; | 5 | | (D) the nature and circumstances of the current | 6 | | offense; | 7 | | (E) the defendant's prior criminal history; | 8 | | (F) whether the defendant committed the qualifying | 9 | | predicate or current offense under specific and | 10 | | credible duress, coercion, threat, or compulsion; | 11 | | (G) whether the defendant aided in the | 12 | | apprehension of another felon or testified truthfully | 13 | | on behalf of another prosecution of a felony; and | 14 | | (H) whether departure is in the interest of the | 15 | | person's rehabilitation, including employment or | 16 | | educational or vocational training, after taking into | 17 | | account any past rehabilitation efforts or | 18 | | dispositions of probation or supervision, and the | 19 | | defendant's cooperation or response to rehabilitation. | 20 | | (3) When departing from the sentencing guidelines | 21 | | under this Section, the court shall specify on the record, | 22 | | the particular evidence, information, factor or factors, | 23 | | or other reasons which led to the departure from the | 24 | | sentencing guidelines. When departing from the sentencing | 25 | | range in accordance with this subsection (d), the court | 26 | | shall indicate on the sentencing order which departure |
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| 1 | | factor or factors outlined in paragraph (2) of this | 2 | | subsection (d) led to the sentence imposed. The sentencing | 3 | | order shall be filed with the clerk of the court and shall | 4 | | be a public record. | 5 | | (e) This Section is repealed on January 1, 2025 2024 . | 6 | | (Source: P.A. 102-1109, eff. 12-21-22.) | 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.". |
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