Full Text of HB1265 103rd General Assembly
HB1265 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1265 Introduced 1/31/2023, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: |
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Amends the Unified Code of Corrections. Provides that, except for certain convictions for first degree murder, the court may, in its discretion, sentence a defendant who was under 18 years of age at the time of the commission of the offense to a sentence that is less than the applicable minimum determinate sentence of imprisonment for the offense authorized by the Code.
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| | A BILL FOR |
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| | | HB1265 | | LRB103 05343 RLC 50362 b |
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| 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 5-4.5-105 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 | 13 | | hearing conducted under Section 5-4-1, shall consider the | 14 | | following 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; |
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| 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 | 9 | | the 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 |
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| 1 | | personal discharge that proximately causes great bodily harm, | 2 | | permanent disability, permanent disfigurement, or death to | 3 | | another person. | 4 | | (b-5) Except as provided in subsection (c), the court may, | 5 | | in its discretion, sentence a defendant who was under 18 years | 6 | | of age at the time of the commission of the offense to a | 7 | | sentence that is less than the applicable minimum determinate | 8 | | sentence of imprisonment for the offense authorized by this | 9 | | Code. | 10 | | (c) Notwithstanding any other provision of law, if the | 11 | | defendant is convicted of first degree murder and would | 12 | | otherwise be subject to sentencing under clause (iii), (iv), | 13 | | (v), or (vii) of subparagraph (c) of paragraph (1) of | 14 | | subsection (a) of Section 5-8-1 of this Code based on the | 15 | | category of persons identified therein, the court shall impose | 16 | | a sentence of not less than 40 years of imprisonment. In | 17 | | addition, the court may, in its discretion, decline to impose | 18 | | the sentencing enhancements based upon the possession or use | 19 | | of a firearm during the commission of the offense included in | 20 | | subsection (d) of Section 5-8-1.
| 21 | | (Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875, | 22 | | eff. 1-1-17 .)
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