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90_HB2286
720 ILCS 5/9-1 from Ch. 38, par. 9-1
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
730 ILCS 5/5-8-2 from Ch. 38, par. 1005-8-2
Amends the Criminal Code of 1961 and the Unified Code of
Corrections. Provides that a person convicted of first
degree murder, if the death penalty is not imposed, shall be
sentenced to a term of natural life imprisonment (now the
defendant may in some circumstances be sentenced from 20 to
60 years imprisonment).
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LRB9004694RCks
1 AN ACT in relation to first degree murder, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 9-1 as follows:
7 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
8 Sec. 9-1. First degree Murder - Death penalties -
9 Exceptions - Separate Hearings - Proof - Findings - Appellate
10 procedures - Reversals.
11 (a) A person who kills an individual without lawful
12 justification commits first degree murder if, in performing
13 the acts which cause the death:
14 (1) he either intends to kill or do great bodily
15 harm to that individual or another, or knows that such
16 acts will cause death to that individual or another; or
17 (2) he knows that such acts create a strong
18 probability of death or great bodily harm to that
19 individual or another; or
20 (3) he is attempting or committing a forcible
21 felony other than second degree murder.
22 (b) Aggravating Factors. A defendant who at the time of
23 the commission of the offense has attained the age of 18 or
24 more and who has been found guilty of first degree murder may
25 be sentenced to death if:
26 (1) the murdered individual was a peace officer or
27 fireman killed in the course of performing his official
28 duties, to prevent the performance of his official
29 duties, or in retaliation for performing his official
30 duties, and the defendant knew or should have known that
31 the murdered individual was a peace officer or fireman;
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1 or
2 (2) the murdered individual was an employee of an
3 institution or facility of the Department of Corrections,
4 or any similar local correctional agency, killed in the
5 course of performing his official duties, to prevent the
6 performance of his official duties, or in retaliation for
7 performing his official duties, or the murdered
8 individual was an inmate at such institution or facility
9 and was killed on the grounds thereof, or the murdered
10 individual was otherwise present in such institution or
11 facility with the knowledge and approval of the chief
12 administrative officer thereof; or
13 (3) the defendant has been convicted of murdering
14 two or more individuals under subsection (a) of this
15 Section or under any law of the United States or of any
16 state which is substantially similar to subsection (a) of
17 this Section regardless of whether the deaths occurred
18 as the result of the same act or of several related or
19 unrelated acts so long as the deaths were the result of
20 either an intent to kill more than one person or of
21 separate acts which the defendant knew would cause death
22 or create a strong probability of death or great bodily
23 harm to the murdered individual or another; or
24 (4) the murdered individual was killed as a result
25 of the hijacking of an airplane, train, ship, bus or
26 other public conveyance; or
27 (5) the defendant committed the murder pursuant to
28 a contract, agreement or understanding by which he was to
29 receive money or anything of value in return for
30 committing the murder or procured another to commit the
31 murder for money or anything of value; or
32 (6) the murdered individual was killed in the
33 course of another felony if:
34 (a) the murdered individual:
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1 (i) was actually killed by the defendant,
2 or
3 (ii) received physical injuries
4 personally inflicted by the defendant
5 substantially contemporaneously with physical
6 injuries caused by one or more persons for
7 whose conduct the defendant is legally
8 accountable under Section 5-2 of this Code, and
9 the physical injuries inflicted by either the
10 defendant or the other person or persons for
11 whose conduct he is legally accountable caused
12 the death of the murdered individual; and
13 (b) in performing the acts which caused the
14 death of the murdered individual or which resulted
15 in physical injuries personally inflicted by the
16 defendant on the murdered individual under the
17 circumstances of subdivision (ii) of subparagraph
18 (a) of paragraph (6) of subsection (b) of this
19 Section, the defendant acted with the intent to kill
20 the murdered individual or with the knowledge that
21 his acts created a strong probability of death or
22 great bodily harm to the murdered individual or
23 another; and
24 (c) the other felony was one of the following:
25 armed robbery, armed violence, robbery, predatory
26 criminal sexual assault of a child, aggravated
27 criminal sexual assault, aggravated kidnapping,
28 aggravated vehicular hijacking, forcible detention,
29 arson, aggravated arson, aggravated stalking,
30 burglary, residential burglary, home invasion,
31 calculated criminal drug conspiracy as defined in
32 Section 405 of the Illinois Controlled Substances
33 Act, streetgang criminal drug conspiracy as defined
34 in Section 405.2 of the Illinois Controlled
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1 Substances Act, or the attempt to commit any of the
2 felonies listed in this subsection (c); or
3 (7) the murdered individual was under 12 years of
4 age and the death resulted from exceptionally brutal or
5 heinous behavior indicative of wanton cruelty; or
6 (8) the defendant committed the murder with intent
7 to prevent the murdered individual from testifying in any
8 criminal prosecution or giving material assistance to the
9 State in any investigation or prosecution, either against
10 the defendant or another; or the defendant committed the
11 murder because the murdered individual was a witness in
12 any prosecution or gave material assistance to the State
13 in any investigation or prosecution, either against the
14 defendant or another; or
15 (9) the defendant, while committing an offense
16 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
17 407 or 407.1 or subsection (b) of Section 404 of the
18 Illinois Controlled Substances Act, or while engaged in a
19 conspiracy or solicitation to commit such offense,
20 intentionally killed an individual or counseled,
21 commanded, induced, procured or caused the intentional
22 killing of the murdered individual; or
23 (10) the defendant was incarcerated in an
24 institution or facility of the Department of Corrections
25 at the time of the murder, and while committing an
26 offense punishable as a felony under Illinois law, or
27 while engaged in a conspiracy or solicitation to commit
28 such offense, intentionally killed an individual or
29 counseled, commanded, induced, procured or caused the
30 intentional killing of the murdered individual; or
31 (11) the murder was committed in a cold, calculated
32 and premeditated manner pursuant to a preconceived plan,
33 scheme or design to take a human life by unlawful means,
34 and the conduct of the defendant created a reasonable
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1 expectation that the death of a human being would result
2 therefrom; or
3 (12) the murdered individual was an emergency
4 medical technician - ambulance, emergency medical
5 technician - intermediate, emergency medical technician -
6 paramedic, ambulance driver, or other medical assistance
7 or first aid personnel, employed by a municipality or
8 other governmental unit, killed in the course of
9 performing his official duties, to prevent the
10 performance of his official duties, or in retaliation for
11 performing his official duties, and the defendant knew or
12 should have known that the murdered individual was an
13 emergency medical technician - ambulance, emergency
14 medical technician - intermediate, emergency medical
15 technician - paramedic, ambulance driver, or other
16 medical assistance or first aid personnel; or
17 (13) the defendant was a principal administrator,
18 organizer, or leader of a calculated criminal drug
19 conspiracy consisting of a hierarchical position of
20 authority superior to that of all other members of the
21 conspiracy, and the defendant counseled, commanded,
22 induced, procured, or caused the intentional killing of
23 the murdered person; or
24 (14) the murder was intentional and involved the
25 infliction of torture. For the purpose of this Section
26 torture means the infliction of or subjection to extreme
27 physical pain, motivated by an intent to increase or
28 prolong the pain, suffering or agony of the victim; or
29 (15) the murder was committed as a result of the
30 intentional discharge of a firearm by the defendant from
31 a motor vehicle and the victim was not present within the
32 motor vehicle.
33 (c) Consideration of factors in Aggravation and
34 Mitigation.
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1 The court shall consider, or shall instruct the jury to
2 consider any aggravating and any mitigating factors which are
3 relevant to the imposition of the death penalty. Aggravating
4 factors may include but need not be limited to those factors
5 set forth in subsection (b). Mitigating factors may include
6 but need not be limited to the following:
7 (1) the defendant has no significant history of
8 prior criminal activity;
9 (2) the murder was committed while the defendant
10 was under the influence of extreme mental or emotional
11 disturbance, although not such as to constitute a defense
12 to prosecution;
13 (3) the murdered individual was a participant in
14 the defendant's homicidal conduct or consented to the
15 homicidal act;
16 (4) the defendant acted under the compulsion of
17 threat or menace of the imminent infliction of death or
18 great bodily harm;
19 (5) the defendant was not personally present during
20 commission of the act or acts causing death.
21 (d) Separate sentencing hearing.
22 Where requested by the State, the court shall conduct a
23 separate sentencing proceeding to determine the existence of
24 factors set forth in subsection (b) and to consider any
25 aggravating or mitigating factors as indicated in subsection
26 (c). The proceeding shall be conducted:
27 (1) before the jury that determined the defendant's
28 guilt; or
29 (2) before a jury impanelled for the purpose of the
30 proceeding if:
31 A. the defendant was convicted upon a plea of
32 guilty; or
33 B. the defendant was convicted after a trial
34 before the court sitting without a jury; or
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1 C. the court for good cause shown discharges
2 the jury that determined the defendant's guilt; or
3 (3) before the court alone if the defendant waives
4 a jury for the separate proceeding.
5 (e) Evidence and Argument.
6 During the proceeding any information relevant to any of
7 the factors set forth in subsection (b) may be presented by
8 either the State or the defendant under the rules governing
9 the admission of evidence at criminal trials. Any
10 information relevant to any additional aggravating factors or
11 any mitigating factors indicated in subsection (c) may be
12 presented by the State or defendant regardless of its
13 admissibility under the rules governing the admission of
14 evidence at criminal trials. The State and the defendant
15 shall be given fair opportunity to rebut any information
16 received at the hearing.
17 (f) Proof.
18 The burden of proof of establishing the existence of any
19 of the factors set forth in subsection (b) is on the State
20 and shall not be satisfied unless established beyond a
21 reasonable doubt.
22 (g) Procedure - Jury.
23 If at the separate sentencing proceeding the jury finds
24 that none of the factors set forth in subsection (b) exists,
25 the court shall sentence the defendant to a term of natural
26 life imprisonment under Section 5-8-1 Chapter V of the
27 Unified Code of Corrections. If there is a unanimous finding
28 by the jury that one or more of the factors set forth in
29 subsection (b) exist, the jury shall consider aggravating and
30 mitigating factors as instructed by the court and shall
31 determine whether the sentence of death shall be imposed. If
32 the jury determines unanimously that there are no mitigating
33 factors sufficient to preclude the imposition of the death
34 sentence, the court shall sentence the defendant to death.
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1 Unless the jury unanimously finds that there are no
2 mitigating factors sufficient to preclude the imposition of
3 the death sentence the court shall sentence the defendant to
4 a term of natural life imprisonment under Section 5-8-1
5 Chapter V of the Unified Code of Corrections.
6 (h) Procedure - No Jury.
7 In a proceeding before the court alone, if the court
8 finds that none of the factors found in subsection (b)
9 exists, the court shall sentence the defendant to a term of
10 natural life imprisonment under Section 5-8-1 Chapter V of
11 the Unified Code of Corrections.
12 If the Court determines that one or more of the factors
13 set forth in subsection (b) exists, the Court shall consider
14 any aggravating and mitigating factors as indicated in
15 subsection (c). If the Court determines that there are no
16 mitigating factors sufficient to preclude the imposition of
17 the death sentence, the Court shall sentence the defendant to
18 death.
19 Unless the court finds that there are no mitigating
20 factors sufficient to preclude the imposition of the sentence
21 of death, the court shall sentence the defendant to a term of
22 natural life imprisonment under Section 5-8-1 Chapter V of
23 the Unified Code of Corrections.
24 (i) Appellate Procedure.
25 The conviction and sentence of death shall be subject to
26 automatic review by the Supreme Court. Such review shall be
27 in accordance with rules promulgated by the Supreme Court.
28 (j) Disposition of reversed death sentence.
29 In the event that the death penalty in this Act is held
30 to be unconstitutional by the Supreme Court of the United
31 States or of the State of Illinois, any person convicted of
32 first degree murder shall be sentenced by the court to a term
33 of natural life imprisonment under Section 5-8-1 Chapter V of
34 the Unified Code of Corrections.
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1 In the event that any death sentence pursuant to the
2 sentencing provisions of this Section is declared
3 unconstitutional by the Supreme Court of the United States or
4 of the State of Illinois, the court having jurisdiction over
5 a person previously sentenced to death shall cause the
6 defendant to be brought before the court, and the court shall
7 sentence the defendant to a term of natural life
8 imprisonment under Section 5-8-1 Chapter V of the Unified
9 Code of Corrections.
10 (Source: P.A. 88-176; 88-433; 88-670, eff. 12-2-94; 88-677,
11 eff. 12-15-94; 88-678, eff. 7-1-95; 89-235, eff. 8-4-95;
12 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
13 6-27-96.)
14 Section 10. The Unified Code of Corrections is amended
15 by changing Sections 5-8-1 and 5-8-2 as follows:
16 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
17 Sec. 5-8-1. Sentence of Imprisonment for Felony.
18 (a) Except as otherwise provided in the statute defining
19 the offense, a sentence of imprisonment for a felony shall be
20 a determinate sentence set by the court under this Section,
21 according to the following limitations:
22 (1) for first degree murder, if the death penalty
23 is not imposed,
24 (a) a term shall be not less than 20 years and
25 not more than 60 years, or
26 (b) if the court finds that the murder was
27 accompanied by exceptionally brutal or heinous
28 behavior indicative of wanton cruelty or, except as
29 set forth in subsection (a)(1)(c) of this Section,
30 that any of the aggravating factors listed in
31 subsection (b) of Section 9-1 of the Criminal Code
32 of 1961 are present, the court shall may sentence
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1 the defendant to a term of natural life
2 imprisonment; , or
3 (c) (Blank). the court shall sentence the
4 defendant to a term of natural life imprisonment
5 when the death penalty is not imposed if the
6 defendant,
7 (i) has previously been convicted of
8 first degree murder under any state or federal
9 law, or
10 (ii) is a person who, at the time of the
11 commission of the murder, had attained the age
12 of 17 or more and is found guilty of murdering
13 an individual under 12 years of age; or,
14 irrespective of the defendant's age at the time
15 of the commission of the offense, is found
16 guilty of murdering more than one victim, or
17 (iii) is found guilty of murdering a
18 peace officer or fireman when the peace officer
19 or fireman was killed in the course of
20 performing his official duties, or to prevent
21 the peace officer or fireman from performing
22 his official duties, or in retaliation for the
23 peace officer or fireman performing his
24 official duties, and the defendant knew or
25 should have known that the murdered individual
26 was a peace officer or fireman, or
27 (iv) is found guilty of murdering an
28 employee of an institution or facility of the
29 Department of Corrections, or any similar local
30 correctional agency, when the employee was
31 killed in the course of performing his official
32 duties, or to prevent the employee from
33 performing his official duties, or in
34 retaliation for the employee performing his
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1 official duties, or
2 (v) is found guilty of murdering an
3 emergency medical technician - ambulance,
4 emergency medical technician - intermediate,
5 emergency medical technician - paramedic,
6 ambulance driver or other medical assistance or
7 first aid person while employed by a
8 municipality or other governmental unit when
9 the person was killed in the course of
10 performing official duties or to prevent the
11 person from performing official duties or in
12 retaliation for performing official duties and
13 the defendant knew or should have known that
14 the murdered individual was an emergency
15 medical technician - ambulance, emergency
16 medical technician - intermediate, emergency
17 medical technician - paramedic, ambulance
18 driver, or other medical assistant or first aid
19 personnel, or
20 (vi) is a person who, at the time of the
21 commission of the murder, had not attained the
22 age of 17, and is found guilty of murdering a
23 person under 12 years of age and the murder is
24 committed during the course of aggravated
25 criminal sexual assault, criminal sexual
26 assault, or aggravated kidnaping.
27 For purposes of clause (v), "emergency medical
28 technician - ambulance", "emergency medical
29 technician - intermediate", "emergency medical
30 technician - paramedic", have the meanings ascribed
31 to them in the Emergency Medical Services (EMS)
32 Systems Act.
33 (1.5) for second degree murder, a term shall be not
34 less than 4 years and not more than 20 years;
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1 (2) for a person adjudged a habitual criminal under
2 Article 33B of the Criminal Code of 1961, as amended, the
3 sentence shall be a term of natural life imprisonment.
4 (3) except as otherwise provided in the statute
5 defining the offense, for a Class X felony, the sentence
6 shall be not less than 6 years and not more than 30
7 years;
8 (4) for a Class 1 felony, other than second degree
9 murder, the sentence shall be not less than 4 years and
10 not more than 15 years;
11 (5) for a Class 2 felony, the sentence shall be not
12 less than 3 years and not more than 7 years;
13 (6) for a Class 3 felony, the sentence shall be not
14 less than 2 years and not more than 5 years;
15 (7) for a Class 4 felony, the sentence shall be not
16 less than 1 year and not more than 3 years.
17 (b) The sentencing judge in each felony conviction shall
18 set forth his reasons for imposing the particular sentence he
19 enters in the case, as provided in Section 5-4-1 of this
20 Code. Those reasons may include any mitigating or
21 aggravating factors specified in this Code, or the lack of
22 any such circumstances, as well as any other such factors as
23 the judge shall set forth on the record that are consistent
24 with the purposes and principles of sentencing set out in
25 this Code.
26 (c) A motion to reduce a sentence may be made, or the
27 court may reduce a sentence without motion, within 30 days
28 after the sentence is imposed. A defendant's challenge to
29 the correctness of a sentence or to any aspect of the
30 sentencing hearing shall be made by a written motion filed
31 within 30 days following the imposition of sentence.
32 However, the court may not increase a sentence once it is
33 imposed.
34 If a motion filed pursuant to this subsection is timely
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1 filed within 30 days after the sentence is imposed, the
2 proponent of the motion shall exercise due diligence in
3 seeking a determination on the motion and the court shall
4 thereafter decide such motion within a reasonable time.
5 If a motion filed pursuant to this subsection is timely
6 filed within 30 days after the sentence is imposed, then for
7 purposes of perfecting an appeal, a final judgment shall not
8 be considered to have been entered until the motion to reduce
9 a sentence has been decided by order entered by the trial
10 court.
11 A motion filed pursuant to this subsection shall not be
12 considered to have been timely filed unless it is filed with
13 the circuit court clerk within 30 days after the sentence is
14 imposed together with a notice of motion, which notice of
15 motion shall set the motion on the court's calendar on a date
16 certain within a reasonable time after the date of filing.
17 (d) Except where a term of natural life is imposed,
18 every sentence shall include as though written therein a term
19 in addition to the term of imprisonment. For those sentenced
20 under the law in effect prior to February 1, 1978, such term
21 shall be identified as a parole term. For those sentenced on
22 or after February 1, 1978, such term shall be identified as a
23 mandatory supervised release term. Subject to earlier
24 termination under Section 3-3-8, the parole or mandatory
25 supervised release term shall be as follows:
26 (1) for first degree murder or a Class X felony, 3
27 years;
28 (2) for a Class 1 felony or a Class 2 felony, 2
29 years;
30 (3) for a Class 3 felony or a Class 4 felony, 1
31 year.
32 (e) A defendant who has a previous and unexpired
33 sentence of imprisonment imposed by another state or by any
34 district court of the United States and who, after sentence
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1 for a crime in Illinois, must return to serve the unexpired
2 prior sentence may have his sentence by the Illinois court
3 ordered to be concurrent with the prior sentence in the other
4 state. The court may order that any time served on the
5 unexpired portion of the sentence in the other state, prior
6 to his return to Illinois, shall be credited on his Illinois
7 sentence. The other state shall be furnished with a copy of
8 the order imposing sentence which shall provide that, when
9 the offender is released from confinement of the other state,
10 whether by parole or by termination of sentence, the offender
11 shall be transferred by the Sheriff of the committing county
12 to the Illinois Department of Corrections. The court shall
13 cause the Department of Corrections to be notified of such
14 sentence at the time of commitment and to be provided with
15 copies of all records regarding the sentence.
16 (f) A defendant who has a previous and unexpired
17 sentence of imprisonment imposed by an Illinois circuit court
18 for a crime in this State and who is subsequently sentenced
19 to a term of imprisonment by another state or by any district
20 court of the United States and who has served a term of
21 imprisonment imposed by the other state or district court of
22 the United States, and must return to serve the unexpired
23 prior sentence imposed by the Illinois Circuit Court may
24 apply to the court which imposed sentence to have his
25 sentence reduced.
26 The circuit court may order that any time served on the
27 sentence imposed by the other state or district court of the
28 United States be credited on his Illinois sentence. Such
29 application for reduction of a sentence under this
30 subsection (f) shall be made within 30 days after the
31 defendant has completed the sentence imposed by the other
32 state or district court of the United States.
33 (Source: P.A. 88-301; 88-311; 88-433; 88-670, eff. 12-2-94;
34 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 89-462, eff.
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1 5-29-96.)
2 (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
3 Sec. 5-8-2. Extended Term. (a) A judge shall not
4 sentence an offender to a term of imprisonment in excess of
5 the maximum sentence authorized by Section 5-8-1 for the
6 class of the most serious offense of which the offender was
7 convicted unless the factors in aggravation set forth in
8 paragraph (b) of Section 5-5-3.2 were found to be present.
9 Where the judge finds that such factors were present, he may
10 sentence an offender to the following:
11 (1) (Blank); for first degree murder, a term shall be
12 not less than 60 years and not more than 100 years;
13 (2) for a Class X felony, a term shall be not less than
14 30 years and not more than 60 years;
15 (3) for a Class 1 felony, a term shall be not less than
16 15 years and not more than 30 years;
17 (4) for a Class 2 felony, a term shall be not less than
18 7 years and not more than 14 years;
19 (5) for a Class 3 felony, a term shall not be less than
20 5 years and not more than 10 years;
21 (6) for a Class 4 felony, a term shall be not less than
22 3 years and not more than 6 years.
23 (b) If the conviction was by plea, it shall appear on
24 the record that the plea was entered with the defendant's
25 knowledge that a sentence under this Section was a
26 possibility. If it does not so appear on the record, the
27 defendant shall not be subject to such a sentence unless he
28 is first given an opportunity to withdraw his plea without
29 prejudice.
30 (Source: P.A. 85-902.)