Full Text of HB3324 103rd General Assembly
HB3324 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3324 Introduced 2/17/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/8-4 | from Ch. 38, par. 8-4 | 730 ILCS 5/5-8-1 | from Ch. 38, par. 1005-8-1 |
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Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that specified firearm sentencing enhancements are discretionary.
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| | A BILL FOR |
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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 Criminal Code of 2012 is amended by | 5 | | changing Section 8-4 as follows:
| 6 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
| 7 | | Sec. 8-4. Attempt.
| 8 | | (a) Elements of the offense.
| 9 | | A person commits the offense of attempt when, with intent | 10 | | to commit a specific
offense, he or she does any act that | 11 | | constitutes a substantial step toward the
commission of that | 12 | | offense.
| 13 | | (b) Impossibility.
| 14 | | It is not a defense to a charge of attempt that because of | 15 | | a
misapprehension of the circumstances it would have been | 16 | | impossible for
the accused to commit the offense attempted.
| 17 | | (c) Sentence.
| 18 | | A person convicted of attempt may be fined or imprisoned | 19 | | or both
not to exceed the maximum provided for the offense | 20 | | attempted but, except
for an attempt to commit the offense | 21 | | defined in Section 33A-2 of this Code:
| 22 | | (1) the sentence for attempt to commit first degree | 23 | | murder is the
sentence for a Class X felony, except that
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| 1 | | (A) an attempt to commit first
degree murder when | 2 | | at least one of the aggravating factors specified in
| 3 | | paragraphs (1), (2), and (12) of subsection (b) of | 4 | | Section 9-1 is present is
a Class X felony for which | 5 | | the sentence shall be a term of imprisonment of
not | 6 | | less than 20 years and not more than 80 years;
| 7 | | (B) an attempt to commit first degree murder while | 8 | | armed with a
firearm is a Class X felony for which 15 | 9 | | years may shall be added to the term of
imprisonment | 10 | | imposed by the court;
| 11 | | (C) an attempt to commit first degree murder | 12 | | during which the person
personally discharged a | 13 | | firearm is a Class X felony for which 20 years may
| 14 | | shall be added to the term of imprisonment imposed by | 15 | | the court;
| 16 | | (D) an attempt to commit first degree murder | 17 | | during which the person
personally discharged a | 18 | | firearm that proximately caused great bodily harm,
| 19 | | permanent disability, permanent disfigurement, or | 20 | | death to
another person is a Class X felony for which | 21 | | 25 years or up to a term of
natural life may shall be | 22 | | added to the term of imprisonment imposed by the | 23 | | court; and
| 24 | | (E) if the defendant proves by a preponderance of | 25 | | the evidence at sentencing that, at the time of the | 26 | | attempted murder, he or she was acting under a sudden |
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| 1 | | and intense passion resulting from serious provocation | 2 | | by the individual whom the defendant endeavored to | 3 | | kill, or another, and, had the individual the | 4 | | defendant endeavored to kill died, the defendant would | 5 | | have negligently or accidentally caused that death, | 6 | | then the sentence for the attempted murder is the | 7 | | sentence for a Class 1 felony;
| 8 | | (2) the sentence for attempt to commit a Class X | 9 | | felony is the sentence
for a Class 1 felony;
| 10 | | (3) the sentence for attempt to commit a Class 1 | 11 | | felony is the sentence
for a Class 2 felony;
| 12 | | (4) the sentence for attempt to commit a Class 2 | 13 | | felony is the sentence
for a Class 3 felony; and
| 14 | | (5) the sentence for attempt to commit any felony | 15 | | other than those
specified in items (1), (2), (3), and (4) | 16 | | of this subsection (c) is
the sentence for a Class A | 17 | | misdemeanor.
| 18 | | (Source: P.A. 96-710, eff. 1-1-10.)
| 19 | | Section 10. The Unified Code of Corrections is amended by | 20 | | changing Section 5-8-1 as follows:
| 21 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 22 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 23 | | use of a firearm; mandatory supervised release terms.
| 24 | | (a) Except as otherwise provided in the statute defining |
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| 1 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 2 | | imprisonment for a felony shall be a determinate sentence set | 3 | | by
the court under this Section, subject to Section 5-4.5-115 | 4 | | of this Code, according to the following limitations:
| 5 | | (1) for first degree murder,
| 6 | | (a) (blank),
| 7 | | (b) if a trier of fact finds beyond a reasonable
| 8 | | doubt that the murder was accompanied by exceptionally
| 9 | | brutal or heinous behavior indicative of wanton | 10 | | cruelty or, except as set forth
in subsection | 11 | | (a)(1)(c) of this Section, that any of the aggravating | 12 | | factors
listed in subsection (b) or (b-5) of Section | 13 | | 9-1 of the Criminal Code of 1961 or the Criminal Code | 14 | | of 2012 are
present, the court may sentence the | 15 | | defendant, subject to Section 5-4.5-105, to a term of | 16 | | natural life
imprisonment, or
| 17 | | (c) the court shall sentence the defendant to a | 18 | | term of natural life
imprisonment if the defendant, at | 19 | | the time of the commission of the murder, had attained | 20 | | the age of 18, and:
| 21 | | (i) has previously been convicted of first | 22 | | degree murder under
any state or federal law, or
| 23 | | (ii) is found guilty of murdering more
than | 24 | | one victim, or
| 25 | | (iii) is found guilty of murdering a peace | 26 | | officer, fireman, or emergency management worker |
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| 1 | | when
the peace officer, fireman, or emergency | 2 | | management worker was killed in the course of | 3 | | performing his
official duties, or to prevent the | 4 | | peace officer or fireman from
performing his | 5 | | official duties, or in retaliation for the peace | 6 | | officer,
fireman, or emergency management worker | 7 | | from performing his official duties, and the | 8 | | defendant knew or should
have known that the | 9 | | murdered individual was a peace officer, fireman, | 10 | | or emergency management worker, or
| 11 | | (iv) is found guilty of murdering an employee | 12 | | of an institution or
facility of the Department of | 13 | | Corrections, or any similar local
correctional | 14 | | agency, when the employee was killed in the course | 15 | | of
performing his official duties, or to prevent | 16 | | the employee from performing
his official duties, | 17 | | or in retaliation for the employee performing his
| 18 | | official duties, or
| 19 | | (v) is found guilty of murdering an emergency | 20 | | medical
technician - ambulance, emergency medical | 21 | | technician - intermediate, emergency
medical | 22 | | technician - paramedic, ambulance driver or other | 23 | | medical assistance or
first aid person while | 24 | | employed by a municipality or other governmental | 25 | | unit
when the person was killed in the course of | 26 | | performing official duties or
to prevent the |
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| 1 | | person from performing official duties or in | 2 | | retaliation
for performing official duties and the | 3 | | defendant knew or should have known
that the | 4 | | murdered individual was an emergency medical | 5 | | technician - ambulance,
emergency medical | 6 | | technician - intermediate, emergency medical
| 7 | | technician - paramedic, ambulance driver, or other | 8 | | medical
assistant or first aid personnel, or
| 9 | | (vi) (blank), or
| 10 | | (vii) is found guilty of first degree murder | 11 | | and the murder was
committed by reason of any | 12 | | person's activity as a community policing | 13 | | volunteer
or to prevent any person from engaging | 14 | | in activity as a community policing
volunteer. For | 15 | | the purpose of this Section, "community policing | 16 | | volunteer"
has the meaning ascribed to it in | 17 | | Section 2-3.5 of the Criminal Code of 2012.
| 18 | | For purposes of clause (v), "emergency medical | 19 | | technician - ambulance",
"emergency medical technician - | 20 | | intermediate", "emergency medical technician -
| 21 | | paramedic", have the meanings ascribed to them in the | 22 | | Emergency Medical
Services (EMS) Systems Act.
| 23 | | (d)(i) if the person committed the offense while | 24 | | armed with a
firearm, 15 years may shall be added | 25 | | to the term of imprisonment imposed by the
court;
| 26 | | (ii) if, during the commission of the offense, the |
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| 1 | | person
personally discharged a firearm, 20 years may | 2 | | shall be added to the term of
imprisonment imposed by | 3 | | the court;
| 4 | | (iii) if, during the commission of the offense, | 5 | | the person
personally discharged a firearm that | 6 | | proximately caused great bodily harm,
permanent | 7 | | disability, permanent disfigurement, or death to | 8 | | another person, 25
years or up to a term of natural | 9 | | life may shall be added to the term of
imprisonment | 10 | | imposed by the court.
| 11 | | (2) (blank);
| 12 | | (2.5) for a person who has attained the age of 18 years
| 13 | | at the time of the commission of the offense and
who is | 14 | | convicted under the circumstances described in subdivision | 15 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of | 16 | | subsection (b) of Section 12-13, subdivision (d)(2) of | 17 | | Section 11-1.30 or paragraph (2) of subsection
(d) of | 18 | | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | 19 | | paragraph (1.2) of subsection (b) of
Section 12-14.1, | 20 | | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | 21 | | subsection (b) of Section 12-14.1
of the Criminal Code of | 22 | | 1961 or the Criminal Code of 2012, the sentence shall be a | 23 | | term of natural life
imprisonment.
| 24 | | (b) (Blank).
| 25 | | (c) (Blank).
| 26 | | (d) Subject to
earlier termination under Section 3-3-8, |
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| 1 | | the parole or mandatory
supervised release term shall be | 2 | | written as part of the sentencing order and shall be as | 3 | | follows:
| 4 | | (1) for first degree murder or for the offenses of | 5 | | predatory criminal sexual assault of a child, aggravated | 6 | | criminal sexual assault, and criminal sexual assault if | 7 | | committed on or before December 12, 2005, 3 years;
| 8 | | (1.5) except as provided in paragraph (7) of this | 9 | | subsection (d), for a Class X felony except for the | 10 | | offenses of predatory criminal sexual assault of a child, | 11 | | aggravated criminal sexual assault, and criminal sexual | 12 | | assault if committed on or after December 13, 2005 (the | 13 | | effective date of Public Act 94-715) and except for the | 14 | | offense of aggravated child pornography under Section | 15 | | 11-20.1B, 11-20.3, or 11-20.1 with sentencing under | 16 | | subsection (c-5) of Section 11-20.1 of the Criminal Code | 17 | | of 1961 or the Criminal Code of 2012, if committed on or | 18 | | after January 1, 2009, 18 months; | 19 | | (2) except as provided in paragraph (7) of this | 20 | | subsection (d), for a Class 1 felony or a Class 2 felony | 21 | | except for the offense of criminal sexual assault if | 22 | | committed on or after December 13, 2005 (the effective | 23 | | date of Public Act 94-715) and except for the offenses of | 24 | | manufacture and dissemination of child pornography under | 25 | | clauses (a)(1) and (a)(2) of Section 11-20.1 of the | 26 | | Criminal Code of 1961 or the Criminal Code of 2012, if |
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| 1 | | committed on or after January 1, 2009, 12 months;
| 2 | | (3) except as provided in paragraph (4), (6), or (7) | 3 | | of this subsection (d), for a Class 3 felony or a Class 4 | 4 | | felony, 6 months; no later than 45 days after the onset of | 5 | | the term of mandatory supervised release, the Prisoner | 6 | | Review Board shall conduct a discretionary discharge | 7 | | review pursuant to the provisions of Section 3-3-8, which | 8 | | shall include the results of a standardized risk and needs | 9 | | assessment tool administered by the Department of | 10 | | Corrections; the changes to this paragraph (3) made by | 11 | | this amendatory Act of the 102nd General Assembly apply to | 12 | | all individuals released on mandatory supervised release | 13 | | on or after the effective date of this amendatory Act of | 14 | | the 102nd General Assembly, including those individuals | 15 | | whose sentences were imposed prior to the effective date | 16 | | of this amendatory Act of the 102nd General Assembly;
| 17 | | (4) for defendants who commit the offense of predatory | 18 | | criminal sexual assault of a child, aggravated criminal | 19 | | sexual assault, or criminal sexual assault, on or after | 20 | | December 13, 2005 (the effective date of Public Act | 21 | | 94-715), or who commit the offense of aggravated child | 22 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 23 | | with sentencing under subsection (c-5) of Section 11-20.1 | 24 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 25 | | manufacture of child pornography, or dissemination of | 26 | | child pornography after January 1, 2009, the term of |
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| 1 | | mandatory supervised release shall range from a minimum of | 2 | | 3 years to a maximum of the natural life of the 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
| 7 | | electronic monitoring or home detention program under | 8 | | Article 8A of 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 | | (7) for any felony described in paragraph (a)(2)(ii), | 13 | | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | 14 | | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | 15 | | 3-6-3 of the Unified Code of Corrections requiring an | 16 | | inmate to serve a minimum of 85% of their court-imposed | 17 | | sentence, except for the offenses of predatory criminal | 18 | | sexual assault of a child, aggravated criminal sexual | 19 | | assault, and criminal sexual assault if committed on or | 20 | | after December 13, 2005 (the effective date of Public Act | 21 | | 94-715) and except for the offense of aggravated child | 22 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 23 | | with sentencing under subsection (c-5) of Section 11-20.1 | 24 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 25 | | if committed on or after January 1, 2009 and except as | 26 | | provided in paragraph (4) or paragraph (6) of this |
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| 1 | | subsection (d), the term of mandatory supervised release | 2 | | shall be as follows: | 3 | | (A) Class X felony, 3 years; | 4 | | (B) Class 1 or Class 2 felonies, 2 years; | 5 | | (C) Class 3 or Class 4 felonies, 1 year. | 6 | | (e) (Blank).
| 7 | | (f) (Blank).
| 8 | | (g) Notwithstanding any other provisions of this Act and | 9 | | of Public Act 101-652: (i) the provisions of paragraph (3) of | 10 | | subsection (d) are effective on July 1, 2022 and shall apply to | 11 | | all individuals convicted on or after the effective date of | 12 | | paragraph (3) of subsection (d); and (ii) the provisions of | 13 | | paragraphs (1.5) and (2) of subsection (d) are effective on | 14 | | July 1, 2021 and shall apply to all individuals convicted on or | 15 | | after the effective date of paragraphs (1.5) and (2) of | 16 | | subsection (d). | 17 | | (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; | 18 | | 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. | 19 | | 1-7-22; 102-1104, eff. 12-6-22.)
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