Full Text of HB4666 96th General Assembly
HB4666 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4666
Introduced , by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-8-1 |
from Ch. 38, par. 1005-8-1 |
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Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life
imprisonment when the death penalty is not imposed if the defendant is found guilty of an offense involving the use of a firearm in the commission of that offense. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4666 |
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LRB096 15272 RLC 30363 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 5-8-1 as follows:
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| (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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| Sec. 5-8-1. Natural life imprisonment; mandatory | 8 |
| supervised release.
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| (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:
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| (1) for first degree murder,
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| (a) (blank),
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| (b) if a trier of fact finds beyond a reasonable
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| doubt that the murder was accompanied by exceptionally
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| 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
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| listed in subsection (b) of Section 9-1 of the Criminal | 22 |
| Code of 1961 are
present, the court may sentence the | 23 |
| defendant to a term of natural life
imprisonment, or
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LRB096 15272 RLC 30363 b |
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| (c) the court shall sentence the defendant to a | 2 |
| term of natural life
imprisonment when the death | 3 |
| penalty is not imposed if the defendant,
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| (i) has previously been convicted of first | 5 |
| degree murder under
any state or federal law, or
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| (ii) is a person who, at the time of the | 7 |
| commission of the murder,
had attained the age of | 8 |
| 17 or more and is found guilty of murdering an
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| individual under 12 years of age; or, irrespective | 10 |
| of the defendant's age at
the time of the | 11 |
| commission of the offense, is found guilty of | 12 |
| murdering more
than one victim, or
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| (iii) is found guilty of murdering a peace | 14 |
| officer, fireman, or emergency management worker | 15 |
| when
the peace officer, fireman, or emergency | 16 |
| management worker was killed in the course of | 17 |
| performing his
official duties, or to prevent the | 18 |
| peace officer or fireman from
performing his | 19 |
| official duties, or in retaliation for the peace | 20 |
| officer,
fireman, or emergency management worker | 21 |
| from performing his official duties, and the | 22 |
| defendant knew or should
have known that the | 23 |
| murdered individual was a peace officer, fireman, | 24 |
| or emergency management worker, or
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| (iv) is found guilty of murdering an employee | 26 |
| of an institution or
facility of the Department of |
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LRB096 15272 RLC 30363 b |
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| Corrections, or any similar local
correctional | 2 |
| agency, when the employee was killed in the course | 3 |
| of
performing his official duties, or to prevent | 4 |
| the employee from performing
his official duties, | 5 |
| or in retaliation for the employee performing his
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| official duties, or
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| (v) is found guilty of murdering an emergency | 8 |
| medical
technician - ambulance, emergency medical | 9 |
| technician - intermediate, emergency
medical | 10 |
| technician - paramedic, ambulance driver or other | 11 |
| medical assistance or
first aid person while | 12 |
| employed by a municipality or other governmental | 13 |
| unit
when the person was killed in the course of | 14 |
| performing official duties or
to prevent the | 15 |
| person from performing official duties or in | 16 |
| retaliation
for performing official duties and the | 17 |
| defendant knew or should have known
that the | 18 |
| murdered individual was an emergency medical | 19 |
| technician - ambulance,
emergency medical | 20 |
| technician - intermediate, emergency medical
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| technician - paramedic, ambulance driver, or other | 22 |
| medical
assistant or first aid personnel, or
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| (vi) is a person who, at the time of the | 24 |
| commission of the murder,
had not attained the age | 25 |
| of 17, and is found guilty of murdering a person | 26 |
| under
12 years of age and the murder is committed |
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| during the course of aggravated
criminal sexual | 2 |
| assault, criminal sexual assault, or aggravated | 3 |
| kidnaping,
or
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| (vii) is found guilty of first degree murder | 5 |
| and the murder was
committed by reason of any | 6 |
| person's activity as a community policing | 7 |
| volunteer
or to prevent any person from engaging in | 8 |
| activity as a community policing
volunteer. For | 9 |
| the purpose of this Section, "community policing | 10 |
| volunteer"
has the meaning ascribed to it in | 11 |
| Section 2-3.5 of the Criminal Code of 1961 , or | 12 |
| (viii) is found guilty of an offense involving | 13 |
| the use of a firearm in the commission of that | 14 |
| offense. | 15 |
| For any offense involving the use of a firearm in | 16 |
| the commission of that offense committed on or after | 17 |
| the effective date of this amendatory Act of the 96th | 18 |
| General Assembly, the sentence provided in clause | 19 |
| (viii) shall apply notwithstanding any other provision | 20 |
| of law providing for a lesser sentence .
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| For purposes of clause (v), "emergency medical | 22 |
| technician - ambulance",
"emergency medical technician - | 23 |
| intermediate", "emergency medical technician -
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| paramedic", have the meanings ascribed to them in the | 25 |
| Emergency Medical
Services (EMS) Systems Act.
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| (d) (i) if the person committed the offense while |
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HB4666 |
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| armed with a
firearm, 15 years shall be added to | 2 |
| the term of imprisonment imposed by the
court;
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| (ii) if, during the commission of the offense, | 4 |
| the person
personally discharged a firearm, 20 | 5 |
| years shall be added to the term of
imprisonment | 6 |
| imposed by the court;
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| (iii) if, during the commission of the | 8 |
| offense, the person
personally discharged a | 9 |
| firearm that proximately caused great bodily harm,
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| permanent disability, permanent disfigurement, or | 11 |
| death to another person, 25
years or up to a term | 12 |
| of natural life shall be added to the term of
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| imprisonment imposed by the court.
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| (2) (blank);
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| (2.5) for a person convicted under the circumstances | 16 |
| described in
paragraph (3) of subsection (b) of Section | 17 |
| 12-13, paragraph (2) of subsection
(d) of Section 12-14, | 18 |
| paragraph (1.2) of subsection (b) of
Section 12-14.1, or | 19 |
| paragraph (2) of subsection (b) of Section 12-14.1
of the | 20 |
| Criminal Code of 1961, the sentence shall be a term of | 21 |
| natural life
imprisonment.
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| (b) (Blank . ) .
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| (c) (Blank . ) .
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| (d) Subject to
earlier termination under Section 3-3-8, the | 25 |
| parole or mandatory
supervised release term shall be as | 26 |
| follows:
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LRB096 15272 RLC 30363 b |
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| (1) for first degree murder or a Class X felony except | 2 |
| for the offenses of predatory criminal sexual assault of a | 3 |
| child, aggravated criminal sexual assault, and criminal | 4 |
| sexual assault if committed on or after the effective date | 5 |
| of this amendatory Act of the 94th General Assembly and | 6 |
| except for the offense of aggravated child pornography | 7 |
| under Section 11-20.3 of the Criminal Code of 1961, if | 8 |
| committed on or after January 1, 2009, 3 years;
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| (2) for a Class 1 felony or a Class 2 felony except for | 10 |
| the offense of criminal sexual assault if committed on or | 11 |
| after the effective date of this amendatory Act of the 94th | 12 |
| General Assembly and except for the offenses of manufacture | 13 |
| and dissemination of child pornography under clauses | 14 |
| (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 15 |
| of 1961, if committed on or after January 1, 2009, 2 years;
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| (3) for a Class 3 felony or a Class 4 felony, 1 year;
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| (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 the | 20 |
| effective date of this amendatory Act of the 94th General | 21 |
| Assembly, or who commit the offense of aggravated child | 22 |
| pornography, manufacture of child pornography, or | 23 |
| dissemination of child pornography after January 1, 2009, | 24 |
| the term of mandatory supervised release shall range from a | 25 |
| minimum of 3 years to a maximum of the natural life of the | 26 |
| defendant;
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LRB096 15272 RLC 30363 b |
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| (5) if the victim is under 18 years of age, for a | 2 |
| second or subsequent
offense of aggravated criminal sexual | 3 |
| abuse or felony criminal sexual abuse,
4 years, at least | 4 |
| the first 2 years of which the defendant shall serve in an
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| electronic home detention program under Article 8A of | 6 |
| Chapter V of this Code;
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| (6) for a felony domestic battery, aggravated domestic | 8 |
| battery, stalking, aggravated stalking, and a felony | 9 |
| violation of an order of protection, 4 years. | 10 |
| (e) (Blank . ) .
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| (f) (Blank . ) .
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| (Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; | 13 |
| 96-282, eff. 1-1-10; revised 9-4-09.)
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| Section 95. No acceleration or delay. Where this Act makes | 15 |
| changes in a statute that is represented in this Act by text | 16 |
| that is not yet or no longer in effect (for example, a Section | 17 |
| represented by multiple versions), the use of that text does | 18 |
| not accelerate or delay the taking effect of (i) the changes | 19 |
| made by this Act or (ii) provisions derived from any other | 20 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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