[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] | [ Conference Committee Report 001 ] |
90_HB0379sam002
LRB9001797RCksam01
1 AMENDMENT TO HOUSE BILL 379
2 AMENDMENT NO. . Amend House Bill 379, AS AMENDED, by
3 inserting after the last line of Sec. 10-5 of Section 2 the
4 following:
5 "Section 3. The Unified Code of Corrections is amended
6 by changing Section 5-4-1 as follows:
7 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 5-4-1. Sentencing Hearing.
10 (a) Except when the death penalty is sought under
11 hearing procedures otherwise specified, after a determination
12 of guilt, a hearing shall be held to impose the sentence.
13 However, prior to the imposition of sentence on an individual
14 being sentenced for an offense based upon a charge for a
15 violation of Section 11-501 of The Illinois Vehicle Code or a
16 similar provision of a local ordinance, the individual must
17 undergo a professional evaluation to determine if an alcohol
18 or other drug abuse problem exists and the extent of such a
19 problem. Programs conducting these evaluations shall be
20 licensed by the Department of Alcoholism and Substance Abuse.
21 However, if the individual is not a resident of Illinois, the
22 court may, in its discretion, accept an evaluation from a
-2- LRB9001797RCksam01
1 program in the state of such individual's residence. The
2 court may in its sentencing order approve an eligible
3 defendant for placement in a Department of Corrections impact
4 incarceration program as provided in Section 5-8-1.1. At the
5 hearing the court shall:
6 (1) consider the evidence, if any, received upon
7 the trial;
8 (2) consider any presentence reports;
9 (3) consider the financial impact of incarceration
10 based on the financial impact statement filed with the
11 clerk of the court by the Department of Corrections;
12 (4) consider evidence and information offered by
13 the parties in aggravation and mitigation;
14 (5) hear arguments as to sentencing alternatives;
15 (6) afford the defendant the opportunity to make a
16 statement in his own behalf;
17 (7) afford the victim of a violent crime or a
18 violation of Section 11-501 of the Illinois Vehicle Code,
19 or a similar provision of a local ordinance, committed by
20 the defendant the opportunity to make a statement
21 concerning the impact on the victim and to offer evidence
22 in aggravation or mitigation; provided that the statement
23 and evidence offered in aggravation or mitigation must
24 first be prepared in writing in conjunction with the
25 State's Attorney before it may be presented orally at the
26 hearing. Any sworn testimony offered by the victim is
27 subject to the defendant's right to cross-examine. All
28 statements and evidence offered under this paragraph (7)
29 shall become part of the record of the court; and
30 (8) in cases of reckless homicide afford the
31 victim's spouse, guardians, parents or other immediate
32 family members an opportunity to make oral statements.
33 (b) All sentences shall be imposed by the judge based
34 upon his independent assessment of the elements specified
-3- LRB9001797RCksam01
1 above and any agreement as to sentence reached by the
2 parties. The judge who presided at the trial or the judge
3 who accepted the plea of guilty shall impose the sentence
4 unless he is no longer sitting as a judge in that court.
5 Where the judge does not impose sentence at the same time on
6 all defendants who are convicted as a result of being
7 involved in the same offense, the defendant or the State's
8 attorney may advise the sentencing court of the disposition
9 of any other defendants who have been sentenced.
10 (c) In imposing a sentence for a violent crime or for an
11 offense of operating or being in physical control of a
12 vehicle while under the influence of alcohol, any other drug
13 or any combination thereof, or a similar provision of a local
14 ordinance, when such offense resulted in the personal injury
15 to someone other than the defendant, the trial judge shall
16 specify on the record the particular evidence, information,
17 factors in mitigation and aggravation or other reasons that
18 led to his sentencing determination. The full verbatim record
19 of the sentencing hearing shall be filed with the clerk of
20 the court and shall be a public record.
21 (c-1) In imposing a sentence for the offense of
22 aggravated kidnapping for ransom, home invasion, armed
23 robbery, aggravated vehicular hijacking, aggravated discharge
24 of a firearm, or armed violence with a category I weapon or
25 category II weapon, the trial judge shall make a finding as
26 to whether the conduct leading to conviction for the offense
27 resulted in great bodily harm to a victim, and shall enter
28 that finding and the basis for that finding in the record.
29 (c-2) If the defendant is sentenced to prison, other
30 than when a sentence of natural life imprisonment or a
31 sentence of death is imposed, at the time the sentence is
32 imposed the judge shall state on the record in open court the
33 approximate period of time the defendant will serve in
34 custody according to the then current statutory rules and
-4- LRB9001797RCksam01
1 regulations for early release found in Section 3-6-3 and
2 other related provisions of this Code. This statement is
3 intended solely to inform the public, has no legal effect on
4 the defendant's actual release, and may not be relied on by
5 the defendant on appeal.
6 The judge's statement, to be given after pronouncing the
7 sentence, other than when the sentence is imposed for one of
8 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
9 shall include the following:
10 "The purpose of this statement is to inform the public of
11 the actual period of time this defendant is likely to spend
12 in prison as a result of this sentence. The actual period of
13 prison time served is determined by the statutes of Illinois
14 as applied to this sentence by the Illinois Department of
15 Corrections and the Illinois Prisoner Review Board. In this
16 case, assuming the defendant receives all of his or her good
17 conduct credit, the period of estimated actual custody is ...
18 years and ... months, less up to 180 days additional good
19 conduct credit for meritorious service. If the defendant,
20 because of his or her own misconduct or failure to comply
21 with the institutional regulations, does not receive those
22 credits, the actual time served in prison will be longer.
23 The defendant may also receive an additional one-half day
24 good conduct credit for each day of participation in
25 vocational, industry, substance abuse, and educational
26 programs as provided for by Illinois statute."
27 When the sentence is imposed for one of the offenses
28 enumerated in paragraph (a)(3) of Section 3-6-3, other than
29 when the sentence is imposed for one of the offenses
30 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
31 or after the effective date of this amendatory Act of 1995,
32 the judge's statement, to be given after pronouncing the
33 sentence, shall include the following:
34 "The purpose of this statement is to inform the public of
-5- LRB9001797RCksam01
1 the actual period of time this defendant is likely to spend
2 in prison as a result of this sentence. The actual period of
3 prison time served is determined by the statutes of Illinois
4 as applied to this sentence by the Illinois Department of
5 Corrections and the Illinois Prisoner Review Board. In this
6 case, assuming the defendant receives all of his or her good
7 conduct credit, the period of estimated actual custody is ...
8 years and ... months, less up to 90 days additional good
9 conduct credit for meritorious service. If the defendant,
10 because of his or her own misconduct or failure to comply
11 with the institutional regulations, does not receive those
12 credits, the actual time served in prison will be longer.
13 The defendant may also receive an additional one-half day
14 good conduct credit for each day of participation in
15 vocational, industry, substance abuse, and educational
16 programs as provided for by Illinois statute."
17 When the sentence is imposed for one of the offenses
18 enumerated in paragraph (a)(2) of Section 3-6-3, other than
19 first degree murder, and the offense was committed on or
20 after the effective date of this amendatory Act of 1995, the
21 judge's statement, to be given after pronouncing the
22 sentence, shall include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, the defendant is entitled to no more than 4 1/2 days of
30 good conduct credit for each month of his or her sentence of
31 imprisonment. Therefore, this defendant will serve at least
32 85% of his or her sentence. Assuming the defendant receives
33 4 1/2 days credit for each month of his or her sentence, the
34 period of estimated actual custody is ... years and ...
-6- LRB9001797RCksam01
1 months. If the defendant, because of his or her own
2 misconduct or failure to comply with the institutional
3 regulations receives lesser credit, the actual time served in
4 prison will be longer."
5 When a sentence of imprisonment is imposed for first
6 degree murder and the offense was committed on or after the
7 effective date of this amendatory Act of 1995, the judge's
8 statement, to be given after pronouncing the sentence, shall
9 include the following:
10 "The purpose of this statement is to inform the public of
11 the actual period of time this defendant is likely to spend
12 in prison as a result of this sentence. The actual period of
13 prison time served is determined by the statutes of Illinois
14 as applied to this sentence by the Illinois Department of
15 Corrections and the Illinois Prisoner Review Board. In this
16 case, the defendant is not entitled to good conduct credit.
17 Therefore, this defendant will serve 100% of his or her
18 sentence."
19 (d) When the defendant is committed to the Department of
20 Corrections, the State's Attorney shall and counsel for the
21 defendant may file a statement with the clerk of the court to
22 be transmitted to the department, agency or institution to
23 which the defendant is committed to furnish such department,
24 agency or institution with the facts and circumstances of the
25 offense for which the person was committed together with all
26 other factual information accessible to them in regard to the
27 person prior to his commitment relative to his habits,
28 associates, disposition and reputation and any other facts
29 and circumstances which may aid such department, agency or
30 institution during its custody of such person. The clerk
31 shall within 10 days after receiving any such statements
32 transmit a copy to such department, agency or institution and
33 a copy to the other party, provided, however, that this shall
34 not be cause for delay in conveying the person to the
-7- LRB9001797RCksam01
1 department, agency or institution to which he has been
2 committed.
3 (e) The clerk of the court shall transmit to the
4 department, agency or institution, if any, to which the
5 defendant is committed, the following:
6 (1) the sentence imposed;
7 (2) any statement by the court of the basis for
8 imposing the sentence;
9 (3) any presentence reports;
10 (4) the number of days, if any, which the defendant
11 has been in custody and for which he is entitled to
12 credit against the sentence, which information shall be
13 provided to the clerk by the sheriff;
14 (4.1) any finding of great bodily harm made by the
15 court with respect to an offense enumerated in subsection
16 (c-1);
17 (5) all statements filed under subsection (d) of
18 this Section;
19 (6) any medical or mental health records or
20 summaries of the defendant;
21 (7) the municipality where the arrest of the
22 offender or the commission of the offense has occurred,
23 where such municipality has a population of more than
24 25,000 persons;
25 (8) all statements made and evidence offered under
26 paragraph (7) of subsection (a) of this Section; and
27 (9) all additional matters which the court directs
28 the clerk to transmit.
29 (Source: P.A. 89-404, eff. 8-20-95.)
30 (Text of Section after amendment by P.A. 89-507)
31 Sec. 5-4-1. Sentencing Hearing.
32 (a) Except when the death penalty is sought under
33 hearing procedures otherwise specified, after a determination
34 of guilt, a hearing shall be held to impose the sentence.
-8- LRB9001797RCksam01
1 However, prior to the imposition of sentence on an individual
2 being sentenced for an offense based upon a charge for a
3 violation of Section 11-501 of the Illinois Vehicle Code or a
4 similar provision of a local ordinance, the individual must
5 undergo a professional evaluation to determine if an alcohol
6 or other drug abuse problem exists and the extent of such a
7 problem. Programs conducting these evaluations shall be
8 licensed by the Department of Human Services. However, if
9 the individual is not a resident of Illinois, the court may,
10 in its discretion, accept an evaluation from a program in the
11 state of such individual's residence. The court may in its
12 sentencing order approve an eligible defendant for placement
13 in a Department of Corrections impact incarceration program
14 as provided in Section 5-8-1.1. At the hearing the court
15 shall:
16 (1) consider the evidence, if any, received upon
17 the trial;
18 (2) consider any presentence reports;
19 (3) consider the financial impact of incarceration
20 based on the financial impact statement filed with the
21 clerk of the court by the Department of Corrections;
22 (4) consider evidence and information offered by
23 the parties in aggravation and mitigation;
24 (5) hear arguments as to sentencing alternatives;
25 (6) afford the defendant the opportunity to make a
26 statement in his own behalf;
27 (7) afford the victim of a violent crime or a
28 violation of Section 11-501 of the Illinois Vehicle Code,
29 or a similar provision of a local ordinance, committed by
30 the defendant the opportunity to make a statement
31 concerning the impact on the victim and to offer evidence
32 in aggravation or mitigation; provided that the statement
33 and evidence offered in aggravation or mitigation must
34 first be prepared in writing in conjunction with the
-9- LRB9001797RCksam01
1 State's Attorney before it may be presented orally at the
2 hearing. Any sworn testimony offered by the victim is
3 subject to the defendant's right to cross-examine. All
4 statements and evidence offered under this paragraph (7)
5 shall become part of the record of the court; and
6 (8) in cases of reckless homicide afford the
7 victim's spouse, guardians, parents or other immediate
8 family members an opportunity to make oral statements.
9 (b) All sentences shall be imposed by the judge based
10 upon his independent assessment of the elements specified
11 above and any agreement as to sentence reached by the
12 parties. The judge who presided at the trial or the judge
13 who accepted the plea of guilty shall impose the sentence
14 unless he is no longer sitting as a judge in that court.
15 Where the judge does not impose sentence at the same time on
16 all defendants who are convicted as a result of being
17 involved in the same offense, the defendant or the State's
18 attorney may advise the sentencing court of the disposition
19 of any other defendants who have been sentenced.
20 (c) In imposing a sentence for a violent crime or for an
21 offense of operating or being in physical control of a
22 vehicle while under the influence of alcohol, any other drug
23 or any combination thereof, or a similar provision of a local
24 ordinance, when such offense resulted in the personal injury
25 to someone other than the defendant, the trial judge shall
26 specify on the record the particular evidence, information,
27 factors in mitigation and aggravation or other reasons that
28 led to his sentencing determination. The full verbatim record
29 of the sentencing hearing shall be filed with the clerk of
30 the court and shall be a public record.
31 (c-1) In imposing a sentence for the offense of
32 aggravated kidnapping for ransom, home invasion, armed
33 robbery, aggravated vehicular hijacking, aggravated discharge
34 of a firearm, or armed violence with a category I weapon or
-10- LRB9001797RCksam01
1 category II weapon, the trial judge shall make a finding as
2 to whether the conduct leading to conviction for the offense
3 resulted in great bodily harm to a victim, and shall enter
4 that finding and the basis for that finding in the record.
5 (c-2) If the defendant is sentenced to prison, other
6 than when a sentence of natural life imprisonment or a
7 sentence of death is imposed, at the time the sentence is
8 imposed the judge shall state on the record in open court the
9 approximate period of time the defendant will serve in
10 custody according to the then current statutory rules and
11 regulations for early release found in Section 3-6-3 and
12 other related provisions of this Code. This statement is
13 intended solely to inform the public, has no legal effect on
14 the defendant's actual release, and may not be relied on by
15 the defendant on appeal.
16 The judge's statement, to be given after pronouncing the
17 sentence, other than when the sentence is imposed for one of
18 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
19 shall include the following:
20 "The purpose of this statement is to inform the public of
21 the actual period of time this defendant is likely to spend
22 in prison as a result of this sentence. The actual period of
23 prison time served is determined by the statutes of Illinois
24 as applied to this sentence by the Illinois Department of
25 Corrections and the Illinois Prisoner Review Board. In this
26 case, assuming the defendant receives all of his or her good
27 conduct credit, the period of estimated actual custody is ...
28 years and ... months, less up to 180 days additional good
29 conduct credit for meritorious service. If the defendant,
30 because of his or her own misconduct or failure to comply
31 with the institutional regulations, does not receive those
32 credits, the actual time served in prison will be longer.
33 The defendant may also receive an additional one-half day
34 good conduct credit for each day of participation in
-11- LRB9001797RCksam01
1 vocational, industry, substance abuse, and educational
2 programs as provided for by Illinois statute."
3 When the sentence is imposed for one of the offenses
4 enumerated in paragraph (a)(3) of Section 3-6-3, other than
5 when the sentence is imposed for one of the offenses
6 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
7 or after the effective date of this amendatory Act of 1995,
8 the judge's statement, to be given after pronouncing the
9 sentence, shall include the following:
10 "The purpose of this statement is to inform the public of
11 the actual period of time this defendant is likely to spend
12 in prison as a result of this sentence. The actual period of
13 prison time served is determined by the statutes of Illinois
14 as applied to this sentence by the Illinois Department of
15 Corrections and the Illinois Prisoner Review Board. In this
16 case, assuming the defendant receives all of his or her good
17 conduct credit, the period of estimated actual custody is ...
18 years and ... months, less up to 90 days additional good
19 conduct credit for meritorious service. If the defendant,
20 because of his or her own misconduct or failure to comply
21 with the institutional regulations, does not receive those
22 credits, the actual time served in prison will be longer.
23 The defendant may also receive an additional one-half day
24 good conduct credit for each day of participation in
25 vocational, industry, substance abuse, and educational
26 programs as provided for by Illinois statute."
27 When the sentence is imposed for one of the offenses
28 enumerated in paragraph (a)(2) of Section 3-6-3, other than
29 first degree murder, and the offense was committed on or
30 after the effective date of this amendatory Act of 1995, the
31 judge's statement, to be given after pronouncing the
32 sentence, shall include the following:
33 "The purpose of this statement is to inform the public of
34 the actual period of time this defendant is likely to spend
-12- LRB9001797RCksam01
1 in prison as a result of this sentence. The actual period of
2 prison time served is determined by the statutes of Illinois
3 as applied to this sentence by the Illinois Department of
4 Corrections and the Illinois Prisoner Review Board. In this
5 case, the defendant is entitled to no more than 4 1/2 days of
6 good conduct credit for each month of his or her sentence of
7 imprisonment. Therefore, this defendant will serve at least
8 85% of his or her sentence. Assuming the defendant receives
9 4 1/2 days credit for each month of his or her sentence, the
10 period of estimated actual custody is ... years and ...
11 months. If the defendant, because of his or her own
12 misconduct or failure to comply with the institutional
13 regulations receives lesser credit, the actual time served in
14 prison will be longer."
15 When a sentence of imprisonment is imposed for first
16 degree murder and the offense was committed on or after the
17 effective date of this amendatory Act of 1995, the judge's
18 statement, to be given after pronouncing the sentence, shall
19 include the following:
20 "The purpose of this statement is to inform the public of
21 the actual period of time this defendant is likely to spend
22 in prison as a result of this sentence. The actual period of
23 prison time served is determined by the statutes of Illinois
24 as applied to this sentence by the Illinois Department of
25 Corrections and the Illinois Prisoner Review Board. In this
26 case, the defendant is not entitled to good conduct credit.
27 Therefore, this defendant will serve 100% of his or her
28 sentence."
29 (c-3) In imposing a sentence for the offense of child
30 abduction under paragraph (10) of subsection (b) of Section
31 10-5 of the Criminal Code of 1961, for purposes of the Sex
32 Offender Registration Act, the trial judge shall make a
33 finding as to whether the conduct was committed for the
34 unlawful purpose of committing or attempting to commit one of
-13- LRB9001797RCksam01
1 the following offenses: child pornography, indecent
2 solicitation of a child, sexual exploitation of a child,
3 soliciting for a juvenile prostitute, patronizing a juvenile
4 prostitute, keeping a place of juvenile prostitution,
5 juvenile pimping, exploitation of a child, criminal sexual
6 assault, aggravated criminal sexual assault, predatory
7 criminal sexual assault of a child, criminal sexual abuse,
8 aggravated criminal sexual abuse, or ritualized abuse of a
9 child.
10 (d) When the defendant is committed to the Department of
11 Corrections, the State's Attorney shall and counsel for the
12 defendant may file a statement with the clerk of the court to
13 be transmitted to the department, agency or institution to
14 which the defendant is committed to furnish such department,
15 agency or institution with the facts and circumstances of the
16 offense for which the person was committed together with all
17 other factual information accessible to them in regard to the
18 person prior to his commitment relative to his habits,
19 associates, disposition and reputation and any other facts
20 and circumstances which may aid such department, agency or
21 institution during its custody of such person. The clerk
22 shall within 10 days after receiving any such statements
23 transmit a copy to such department, agency or institution and
24 a copy to the other party, provided, however, that this shall
25 not be cause for delay in conveying the person to the
26 department, agency or institution to which he has been
27 committed.
28 (e) The clerk of the court shall transmit to the
29 department, agency or institution, if any, to which the
30 defendant is committed, the following:
31 (1) the sentence imposed;
32 (2) any statement by the court of the basis for
33 imposing the sentence;
34 (3) any presentence reports;
-14- LRB9001797RCksam01
1 (4) the number of days, if any, which the defendant
2 has been in custody and for which he is entitled to
3 credit against the sentence, which information shall be
4 provided to the clerk by the sheriff;
5 (4.1) any finding of great bodily harm made by the
6 court with respect to an offense enumerated in subsection
7 (c-1);
8 (5) all statements filed under subsection (d) of
9 this Section;
10 (6) any medical or mental health records or
11 summaries of the defendant;
12 (7) the municipality where the arrest of the
13 offender or the commission of the offense has occurred,
14 where such municipality has a population of more than
15 25,000 persons;
16 (8) all statements made and evidence offered under
17 paragraph (7) of subsection (a) of this Section; and
18 (9) all additional matters which the court directs
19 the clerk to transmit.
20 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)";
21 and
22 in paragraph (1.7) of subsection B of Sec. 2 of Section 5, by
23 inserting after "purpose" the following:
24 ", when the court has made and entered a finding, pursuant to
25 subsection (c-3) of Section 5-4-1 of the Unified Code of
26 Corrections, that the conduct leading to conviction for child
27 abduction under paragraph (10) of subsection (b) of Section
28 10-5 of the Criminal Code of 1961 was for the unlawful
29 purpose of committing or attempting to commit one of the
30 offenses enumerated in paragraph (1) of subsection (B) of
31 this Section,"; and
32 by inserting after the last line of Sec. 2 of Section 5, the
33 following:
-15- LRB9001797RCksam01
1 "Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.".