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90_HB2400enr
720 ILCS 5/2-3.5 new
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/12-4 from Ch. 38, par. 12-4
Amends the Criminal Code of 1961. Defines "community
policing person". Provides that it is an aggravating factor
for which the death penalty may be imposed that the murdered
individual was a community policing person killed in the
course of performing community policing functions or to
prevent the community policing person from performing
community policing functions or in retaliation for performing
community policing functions and that the defendant knew or
should have known that the murdered individual was a
community policing person. Also establishes these factors to
enhance battery to aggravated battery. Makes the enhanced
offense a Class 2 felony (rather than a Class 3 felony) for
which a sentence of imprisonment may be imposed of not less
than 3 nor more than 14 years. Effective immediately.
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1 AN ACT in relation to 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 1961 is amended by
5 changing Sections 9-1, 12-2, 12-4, 12-4.2, 12-6.2, and 24-1.2
6 and adding Section 2-3.5 as follows:
7 (720 ILCS 5/2-3.5 new)
8 Sec. 2-3.5. "Community policing volunteer" means a
9 person who is summoned or directed by a peace officer or any
10 person actively participating in a community policing program
11 and who is engaged in lawful conduct intended to assist any
12 unit of government in enforcing any criminal or civil law.
13 For the purpose of this Section, "community policing program"
14 means any plan, system or strategy established by and
15 conducted under the auspices of a law enforcement agency in
16 which citizens participate with and are guided by the law
17 enforcement agency and work with members of that agency to
18 reduce or prevent crime within a defined geographic area.
19 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
20 Sec. 9-1. First degree Murder - Death penalties -
21 Exceptions - Separate Hearings - Proof - Findings - Appellate
22 procedures - Reversals.
23 (a) A person who kills an individual without lawful
24 justification commits first degree murder if, in performing
25 the acts which cause the death:
26 (1) he either intends to kill or do great bodily
27 harm to that individual or another, or knows that such
28 acts will cause death to that individual or another; or
29 (2) he knows that such acts create a strong
30 probability of death or great bodily harm to that
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1 individual or another; or
2 (3) he is attempting or committing a forcible
3 felony other than second degree murder.
4 (b) Aggravating Factors. A defendant who at the time of
5 the commission of the offense has attained the age of 18 or
6 more and who has been found guilty of first degree murder may
7 be sentenced to death if:
8 (1) the murdered individual was a peace officer or
9 fireman killed in the course of performing his official
10 duties, to prevent the performance of his official
11 duties, or in retaliation for performing his official
12 duties, and the defendant knew or should have known that
13 the murdered individual was a peace officer or fireman;
14 or
15 (2) the murdered individual was an employee of an
16 institution or facility of the Department of Corrections,
17 or any similar local correctional agency, killed in the
18 course of performing his official duties, to prevent the
19 performance of his official duties, or in retaliation for
20 performing his official duties, or the murdered
21 individual was an inmate at such institution or facility
22 and was killed on the grounds thereof, or the murdered
23 individual was otherwise present in such institution or
24 facility with the knowledge and approval of the chief
25 administrative officer thereof; or
26 (3) the defendant has been convicted of murdering
27 two or more individuals under subsection (a) of this
28 Section or under any law of the United States or of any
29 state which is substantially similar to subsection (a) of
30 this Section regardless of whether the deaths occurred
31 as the result of the same act or of several related or
32 unrelated acts so long as the deaths were the result of
33 either an intent to kill more than one person or of
34 separate acts which the defendant knew would cause death
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1 or create a strong probability of death or great bodily
2 harm to the murdered individual or another; or
3 (4) the murdered individual was killed as a result
4 of the hijacking of an airplane, train, ship, bus or
5 other public conveyance; or
6 (5) the defendant committed the murder pursuant to
7 a contract, agreement or understanding by which he was to
8 receive money or anything of value in return for
9 committing the murder or procured another to commit the
10 murder for money or anything of value; or
11 (6) the murdered individual was killed in the
12 course of another felony if:
13 (a) the murdered individual:
14 (i) was actually killed by the defendant,
15 or
16 (ii) received physical injuries
17 personally inflicted by the defendant
18 substantially contemporaneously with physical
19 injuries caused by one or more persons for
20 whose conduct the defendant is legally
21 accountable under Section 5-2 of this Code, and
22 the physical injuries inflicted by either the
23 defendant or the other person or persons for
24 whose conduct he is legally accountable caused
25 the death of the murdered individual; and
26 (b) in performing the acts which caused the
27 death of the murdered individual or which resulted
28 in physical injuries personally inflicted by the
29 defendant on the murdered individual under the
30 circumstances of subdivision (ii) of subparagraph
31 (a) of paragraph (6) of subsection (b) of this
32 Section, the defendant acted with the intent to kill
33 the murdered individual or with the knowledge that
34 his acts created a strong probability of death or
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1 great bodily harm to the murdered individual or
2 another; and
3 (c) the other felony was one of the following:
4 armed robbery, armed violence, robbery, predatory
5 criminal sexual assault of a child, aggravated
6 criminal sexual assault, aggravated kidnapping,
7 aggravated vehicular hijacking, forcible detention,
8 arson, aggravated arson, aggravated stalking,
9 burglary, residential burglary, home invasion,
10 calculated criminal drug conspiracy as defined in
11 Section 405 of the Illinois Controlled Substances
12 Act, streetgang criminal drug conspiracy as defined
13 in Section 405.2 of the Illinois Controlled
14 Substances Act, or the attempt to commit any of the
15 felonies listed in this subsection (c); or
16 (7) the murdered individual was under 12 years of
17 age and the death resulted from exceptionally brutal or
18 heinous behavior indicative of wanton cruelty; or
19 (8) the defendant committed the murder with intent
20 to prevent the murdered individual from testifying in any
21 criminal prosecution or giving material assistance to the
22 State in any investigation or prosecution, either against
23 the defendant or another; or the defendant committed the
24 murder because the murdered individual was a witness in
25 any prosecution or gave material assistance to the State
26 in any investigation or prosecution, either against the
27 defendant or another; or
28 (9) the defendant, while committing an offense
29 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
30 407 or 407.1 or subsection (b) of Section 404 of the
31 Illinois Controlled Substances Act, or while engaged in a
32 conspiracy or solicitation to commit such offense,
33 intentionally killed an individual or counseled,
34 commanded, induced, procured or caused the intentional
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1 killing of the murdered individual; or
2 (10) the defendant was incarcerated in an
3 institution or facility of the Department of Corrections
4 at the time of the murder, and while committing an
5 offense punishable as a felony under Illinois law, or
6 while engaged in a conspiracy or solicitation to commit
7 such offense, intentionally killed an individual or
8 counseled, commanded, induced, procured or caused the
9 intentional killing of the murdered individual; or
10 (11) the murder was committed in a cold, calculated
11 and premeditated manner pursuant to a preconceived plan,
12 scheme or design to take a human life by unlawful means,
13 and the conduct of the defendant created a reasonable
14 expectation that the death of a human being would result
15 therefrom; or
16 (12) the murdered individual was an emergency
17 medical technician - ambulance, emergency medical
18 technician - intermediate, emergency medical technician -
19 paramedic, ambulance driver, or other medical assistance
20 or first aid personnel, employed by a municipality or
21 other governmental unit, killed in the course of
22 performing his official duties, to prevent the
23 performance of his official duties, or in retaliation for
24 performing his official duties, and the defendant knew or
25 should have known that the murdered individual was an
26 emergency medical technician - ambulance, emergency
27 medical technician - intermediate, emergency medical
28 technician - paramedic, ambulance driver, or other
29 medical assistance or first aid personnel; or
30 (13) the defendant was a principal administrator,
31 organizer, or leader of a calculated criminal drug
32 conspiracy consisting of a hierarchical position of
33 authority superior to that of all other members of the
34 conspiracy, and the defendant counseled, commanded,
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1 induced, procured, or caused the intentional killing of
2 the murdered person; or
3 (14) the murder was intentional and involved the
4 infliction of torture. For the purpose of this Section
5 torture means the infliction of or subjection to extreme
6 physical pain, motivated by an intent to increase or
7 prolong the pain, suffering or agony of the victim; or
8 (15) the murder was committed as a result of the
9 intentional discharge of a firearm by the defendant from
10 a motor vehicle and the victim was not present within the
11 motor vehicle; or
12 (16) the murdered individual was 60 years of age or
13 older and the death resulted from exceptionally brutal or
14 heinous behavior indicative of wanton cruelty; or
15 (17) the murdered individual was a disabled person
16 and the defendant knew or should have known that the
17 murdered individual was disabled. For purposes of this
18 paragraph (17), "disabled person" means a person who
19 suffers from a permanent physical or mental impairment
20 resulting from disease, an injury, a functional disorder,
21 or a congenital condition that renders the person
22 incapable of adequately providing for his or her own
23 health or personal care; or.
24 (18) the murder was committed by reason of any
25 person's activity as a community policing volunteer or to
26 prevent any person from engaging in activity as a
27 community policing volunteer.
28 (c) Consideration of factors in Aggravation and
29 Mitigation.
30 The court shall consider, or shall instruct the jury to
31 consider any aggravating and any mitigating factors which are
32 relevant to the imposition of the death penalty. Aggravating
33 factors may include but need not be limited to those factors
34 set forth in subsection (b). Mitigating factors may include
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1 but need not be limited to the following:
2 (1) the defendant has no significant history of
3 prior criminal activity;
4 (2) the murder was committed while the defendant
5 was under the influence of extreme mental or emotional
6 disturbance, although not such as to constitute a defense
7 to prosecution;
8 (3) the murdered individual was a participant in
9 the defendant's homicidal conduct or consented to the
10 homicidal act;
11 (4) the defendant acted under the compulsion of
12 threat or menace of the imminent infliction of death or
13 great bodily harm;
14 (5) the defendant was not personally present during
15 commission of the act or acts causing death.
16 (d) Separate sentencing hearing.
17 Where requested by the State, the court shall conduct a
18 separate sentencing proceeding to determine the existence of
19 factors set forth in subsection (b) and to consider any
20 aggravating or mitigating factors as indicated in subsection
21 (c). The proceeding shall be conducted:
22 (1) before the jury that determined the defendant's
23 guilt; or
24 (2) before a jury impanelled for the purpose of the
25 proceeding if:
26 A. the defendant was convicted upon a plea of
27 guilty; or
28 B. the defendant was convicted after a trial
29 before the court sitting without a jury; or
30 C. the court for good cause shown discharges
31 the jury that determined the defendant's guilt; or
32 (3) before the court alone if the defendant waives
33 a jury for the separate proceeding.
34 (e) Evidence and Argument.
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1 During the proceeding any information relevant to any of
2 the factors set forth in subsection (b) may be presented by
3 either the State or the defendant under the rules governing
4 the admission of evidence at criminal trials. Any
5 information relevant to any additional aggravating factors or
6 any mitigating factors indicated in subsection (c) may be
7 presented by the State or defendant regardless of its
8 admissibility under the rules governing the admission of
9 evidence at criminal trials. The State and the defendant
10 shall be given fair opportunity to rebut any information
11 received at the hearing.
12 (f) Proof.
13 The burden of proof of establishing the existence of any
14 of the factors set forth in subsection (b) is on the State
15 and shall not be satisfied unless established beyond a
16 reasonable doubt.
17 (g) Procedure - Jury.
18 If at the separate sentencing proceeding the jury finds
19 that none of the factors set forth in subsection (b) exists,
20 the court shall sentence the defendant to a term of
21 imprisonment under Chapter V of the Unified Code of
22 Corrections. If there is a unanimous finding by the jury
23 that one or more of the factors set forth in subsection (b)
24 exist, the jury shall consider aggravating and mitigating
25 factors as instructed by the court and shall determine
26 whether the sentence of death shall be imposed. If the jury
27 determines unanimously that there are no mitigating factors
28 sufficient to preclude the imposition of the death sentence,
29 the court shall sentence the defendant to death.
30 Unless the jury unanimously finds that there are no
31 mitigating factors sufficient to preclude the imposition of
32 the death sentence the court shall sentence the defendant to
33 a term of imprisonment under Chapter V of the Unified Code of
34 Corrections.
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1 (h) Procedure - No Jury.
2 In a proceeding before the court alone, if the court
3 finds that none of the factors found in subsection (b)
4 exists, the court shall sentence the defendant to a term of
5 imprisonment under Chapter V of the Unified Code of
6 Corrections.
7 If the Court determines that one or more of the factors
8 set forth in subsection (b) exists, the Court shall consider
9 any aggravating and mitigating factors as indicated in
10 subsection (c). If the Court determines that there are no
11 mitigating factors sufficient to preclude the imposition of
12 the death sentence, the Court shall sentence the defendant to
13 death.
14 Unless the court finds that there are no mitigating
15 factors sufficient to preclude the imposition of the sentence
16 of death, the court shall sentence the defendant to a term of
17 imprisonment under Chapter V of the Unified Code of
18 Corrections.
19 (i) Appellate Procedure.
20 The conviction and sentence of death shall be subject to
21 automatic review by the Supreme Court. Such review shall be
22 in accordance with rules promulgated by the Supreme Court.
23 (j) Disposition of reversed death sentence.
24 In the event that the death penalty in this Act is held
25 to be unconstitutional by the Supreme Court of the United
26 States or of the State of Illinois, any person convicted of
27 first degree murder shall be sentenced by the court to a term
28 of imprisonment under Chapter V of the Unified Code of
29 Corrections.
30 In the event that any death sentence pursuant to the
31 sentencing provisions of this Section is declared
32 unconstitutional by the Supreme Court of the United States or
33 of the State of Illinois, the court having jurisdiction over
34 a person previously sentenced to death shall cause the
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1 defendant to be brought before the court, and the court shall
2 sentence the defendant to a term of imprisonment under
3 Chapter V of the Unified Code of Corrections.
4 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
5 89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
6 1-1-98.)
7 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
8 Sec. 12-2. Aggravated assault.
9 (a) A person commits an aggravated assault, when, in
10 committing an assault, he:
11 (1) Uses a deadly weapon or any device manufactured
12 and designed to be substantially similar in appearance to
13 a firearm, other than by discharging a firearm in the
14 direction of another person, a peace officer, a person
15 summoned or directed by a peace officer, a correctional
16 officer or a fireman or in the direction of a vehicle
17 occupied by another person, a peace officer, a person
18 summoned or directed by a peace officer, a correctional
19 officer or a fireman while the officer or fireman is
20 engaged in the execution of any of his official duties,
21 or to prevent the officer or fireman from performing his
22 official duties, or in retaliation for the officer or
23 fireman performing his official duties;
24 (2) Is hooded, robed or masked in such manner as to
25 conceal his identity or any device manufactured and
26 designed to be substantially similar in appearance to a
27 firearm;
28 (3) Knows the individual assaulted to be a teacher
29 or other person employed in any school and such teacher
30 or other employee is upon the grounds of a school or
31 grounds adjacent thereto, or is in any part of a building
32 used for school purposes;
33 (4) Knows the individual assaulted to be a
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1 supervisor, director, instructor or other person employed
2 in any park district and such supervisor, director,
3 instructor or other employee is upon the grounds of the
4 park or grounds adjacent thereto, or is in any part of a
5 building used for park purposes;
6 (5) Knows the individual assaulted to be a
7 caseworker, investigator, or other person employed by the
8 State Department of Public Aid, a County Department of
9 Public Aid, or the Department of Human Services (acting
10 as successor to the Illinois Department of Public Aid
11 under the Department of Human Services Act) and such
12 caseworker, investigator, or other person is upon the
13 grounds of a public aid office or grounds adjacent
14 thereto, or is in any part of a building used for public
15 aid purposes, or upon the grounds of a home of a public
16 aid applicant, recipient or any other person being
17 interviewed or investigated in the employees' discharge
18 of his duties, or on grounds adjacent thereto, or is in
19 any part of a building in which the applicant, recipient,
20 or other such person resides or is located;
21 (6) Knows the individual assaulted to be a peace
22 officer, or a community policing volunteer a person
23 summoned and directed by him, or a fireman while the
24 officer or fireman is engaged in the execution of any of
25 his official duties, or to prevent the officer, community
26 policing volunteer, or fireman from performing his
27 official duties, or in retaliation for the officer,
28 community policing volunteer, or fireman performing his
29 official duties, and the assault is committed other than
30 by the discharge of a firearm in the direction of the
31 officer or fireman or in the direction of a vehicle
32 occupied by the officer or fireman;
33 (7) Knows the individual assaulted to be an
34 emergency medical technician - ambulance, emergency
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1 medical technician - intermediate, emergency medical
2 technician - paramedic, ambulance driver or other medical
3 assistance or first aid personnel employed by a
4 municipality or other governmental unit engaged in the
5 execution of any of his official duties, or to prevent
6 the emergency medical technician - ambulance, emergency
7 medical technician - intermediate, emergency medical
8 technician - paramedic, ambulance driver, or other
9 medical assistance or first aid personnel from performing
10 his official duties, or in retaliation for the emergency
11 medical technician - ambulance, emergency medical
12 technician - intermediate, emergency medical technician -
13 paramedic, ambulance driver, or other medical assistance
14 or first aid personnel performing his official duties;
15 (8) Knows the individual assaulted to be the
16 driver, operator, employee or passenger of any
17 transportation facility or system engaged in the business
18 of transportation of the public for hire and the
19 individual assaulted is then performing in such capacity
20 or then using such public transportation as a passenger
21 or using any area of any description designated by the
22 transportation facility or system as a vehicle boarding,
23 departure, or transfer location;
24 (9) Or the individual assaulted is on or about a
25 public way, public property, or public place of
26 accommodation or amusement;
27 (10) Knows the individual assaulted to be an
28 employee of the State of Illinois, a municipal
29 corporation therein or a political subdivision thereof,
30 engaged in the performance of his authorized duties as
31 such employee;
32 (11) Knowingly and without legal justification,
33 commits an assault on a physically handicapped person;
34 (12) Knowingly and without legal justification,
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1 commits an assault on a person 60 years of age or older;
2 (13) Discharges a firearm;
3 (14) Knows the individual assaulted to be a
4 correctional officer, while the officer is engaged in the
5 execution of any of his or her official duties, or to
6 prevent the officer from performing his or her official
7 duties, or in retaliation for the officer performing his
8 or her official duties; or
9 (15) Knows the individual assaulted to be a
10 correctional employee, while the employee is engaged in
11 the execution of any of his or her official duties, or to
12 prevent the employee from performing his or her official
13 duties, or in retaliation for the employee performing his
14 or her official duties, and the assault is committed
15 other than by the discharge of a firearm in the direction
16 of the employee or in the direction of a vehicle occupied
17 by the employee.
18 (b) Sentence.
19 Aggravated assault as defined in paragraphs (1) through
20 (5) and (7) through (12) of subsection (a) of this Section is
21 a Class A misdemeanor. Aggravated assault as defined in
22 paragraphs (13), (14), and (15) of subsection (a) of this
23 Section is a Class 4 felony. Aggravated assault as defined in
24 paragraph (6) of subsection (a) of this Section is a Class A
25 misdemeanor if a firearm is not used in the commission of the
26 assault. Aggravated assault as defined in paragraph (6) of
27 subsection (a) of this Section is a Class 4 felony if a
28 firearm is used in the commission of the assault.
29 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97.)
30 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
31 Sec. 12-4. Aggravated Battery.
32 (a) A person who, in committing a battery, intentionally
33 or knowingly causes great bodily harm, or permanent
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1 disability or disfigurement commits aggravated battery.
2 (b) In committing a battery, a person commits aggravated
3 battery if he or she:
4 (1) Uses a deadly weapon other than by the
5 discharge of a firearm;
6 (2) Is hooded, robed or masked, in such manner as
7 to conceal his identity;
8 (3) Knows the individual harmed to be a teacher or
9 other person employed in any school and such teacher or
10 other employee is upon the grounds of a school or grounds
11 adjacent thereto, or is in any part of a building used
12 for school purposes;
13 (4) Knows the individual harmed to be a supervisor,
14 director, instructor or other person employed in any park
15 district and such supervisor, director, instructor or
16 other employee is upon the grounds of the park or grounds
17 adjacent thereto, or is in any part of a building used
18 for park purposes;
19 (5) Knows the individual harmed to be a caseworker,
20 investigator, or other person employed by the State
21 Department of Public Aid, a County Department of Public
22 Aid, or the Department of Human Services (acting as
23 successor to the Illinois Department of Public Aid under
24 the Department of Human Services Act) and such
25 caseworker, investigator, or other person is upon the
26 grounds of a public aid office or grounds adjacent
27 thereto, or is in any part of a building used for public
28 aid purposes, or upon the grounds of a home of a public
29 aid applicant, recipient, or any other person being
30 interviewed or investigated in the employee's discharge
31 of his duties, or on grounds adjacent thereto, or is in
32 any part of a building in which the applicant, recipient,
33 or other such person resides or is located;
34 (6) Knows the individual harmed to be a peace
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1 officer, a community policing volunteer, person summoned
2 and directed by a peace officer, a correctional
3 institution employee, or a fireman while such officer,
4 volunteer, employee or fireman is engaged in the
5 execution of any official duties including arrest or
6 attempted arrest, or to prevent the officer, volunteer,
7 employee or fireman from performing official duties, or
8 in retaliation for the officer, volunteer, employee or
9 fireman performing official duties, and the battery is
10 committed other than by the discharge of a firearm;
11 (7) Knows the individual harmed to be an emergency
12 medical technician - ambulance, emergency medical
13 technician - intermediate, emergency medical technician -
14 paramedic, ambulance driver or other medical assistance
15 or first aid personnel engaged in the performance of any
16 of his or her official duties, or to prevent the
17 emergency medical technician - ambulance, emergency
18 medical technician - intermediate, emergency medical
19 technician - paramedic, ambulance driver, or other
20 medical assistance or first aid personnel from performing
21 official duties, or in retaliation for performing
22 official duties;
23 (8) Is, or the person battered is, on or about a
24 public way, public property or public place of
25 accommodation or amusement;
26 (9) Knows the individual harmed to be the driver,
27 operator, employee or passenger of any transportation
28 facility or system engaged in the business of
29 transportation of the public for hire and the individual
30 assaulted is then performing in such capacity or then
31 using such public transportation as a passenger or using
32 any area of any description designated by the
33 transportation facility or system as a vehicle boarding,
34 departure, or transfer location;
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1 (10) Knowingly and without legal justification and
2 by any means causes bodily harm to an individual of 60
3 years of age or older;
4 (11) Knows the individual harmed is pregnant;
5 (12) Knows the individual harmed to be a judge whom
6 the person intended to harm as a result of the judge's
7 performance of his or her official duties as a judge;
8 (13) Knows the individual harmed to be an employee
9 of the Illinois Department of Children and Family
10 Services engaged in the performance of his authorized
11 duties as such employee;
12 (14) Knows the individual harmed to be a person who
13 is physically handicapped; or
14 (15) Knowingly and without legal justification and
15 by any means causes bodily harm to a merchant who detains
16 the person for an alleged commission of retail theft
17 under Section 16A-5 of this Code. In this item (15),
18 "merchant" has the meaning ascribed to it in Section
19 16A-2.4 of this Code.
20 For the purpose of paragraph (14) of subsection (b) of
21 this Section, a physically handicapped person is a person who
22 suffers from a permanent and disabling physical
23 characteristic, resulting from disease, injury, functional
24 disorder or congenital condition.
25 (c) A person who administers to an individual or causes
26 him to take, without his consent or by threat or deception,
27 and for other than medical purposes, any intoxicating,
28 poisonous, stupefying, narcotic or anesthetic substance
29 commits aggravated battery.
30 (d) A person who knowingly gives to another person any
31 food that contains any substance or object that is intended
32 to cause physical injury if eaten, commits aggravated
33 battery.
34 (e) Sentence.
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1 Aggravated battery is a Class 3 felony.
2 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98.)
3 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
4 Sec. 12-4.2. Aggravated Battery with a firearm.
5 (a) A person commits aggravated battery with a firearm
6 when he, in committing a battery, knowingly or intentionally
7 by means of the discharging of a firearm (1) causes any
8 injury to another person, or (2) causes any injury to a
9 person he knows to be a peace officer, a community policing
10 volunteer person summoned by a peace officer, a correctional
11 institution employee or a fireman while the officer,
12 volunteer, employee or fireman is engaged in the execution of
13 any of his official duties, or to prevent the officer,
14 volunteer, employee or fireman from performing his official
15 duties, or in retaliation for the officer, volunteer,
16 employee or fireman performing his official duties, or (3)
17 causes any injury to a person he knows to be an emergency
18 medical technician - ambulance, emergency medical technician
19 - intermediate, emergency medical technician - paramedic,
20 ambulance driver, or other medical assistance or first aid
21 personnel, employed by a municipality or other governmental
22 unit, while the emergency medical technician - ambulance,
23 emergency medical technician - intermediate, emergency
24 medical technician - paramedic, ambulance driver, or other
25 medical assistance or first aid personnel is engaged in the
26 execution of any of his official duties, or to prevent the
27 emergency medical technician - ambulance, emergency medical
28 technician - intermediate, emergency medical technician -
29 paramedic, ambulance driver, or other medical assistance or
30 first aid personnel from performing his official duties, or
31 in retaliation for the emergency medical technician -
32 ambulance, emergency medical technician - intermediate,
33 emergency medical technician - paramedic, ambulance driver,
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1 or other medical assistance or first aid personnel performing
2 his official duties.
3 (b) A violation of subsection (a) (1) of this Section is
4 a Class X felony. A violation of subsection (a) (2) or
5 subsection (a) (3) of this Section is a Class X felony for
6 which the sentence shall be a term of imprisonment of no less
7 than 15 years and no more than 60 years.
8 (c) For purposes of this Section, "firearm" is defined
9 as in "An Act relating to the acquisition, possession and
10 transfer of firearms and firearm ammunition, to provide a
11 penalty for the violation thereof and to make an
12 appropriation in connection therewith", approved August 1,
13 1967, as amended.
14 (Source: P.A. 87-921; 87-1256; 88-433; 88-680, eff. 1-1-95.)
15 (720 ILCS 5/12-6.2)
16 Sec. 12-6.2. Aggravated intimidation.
17 (a) A person commits the offense of aggravated
18 intimidation when he or she commits the offense of
19 intimidation and:
20 (1) the person committed the offense in furtherance
21 of the activities of an organized gang or by the person's
22 membership in or allegiance to an organized gang; or
23 (2) the offense is committed with the intent to
24 prevent any person from becoming a community policing
25 volunteer; or
26 (3) the following conditions are met:
27 (A) the person knew that the victim was: (i) a
28 peace officer, (ii) a correctional institution
29 employee, (iii) a fireman; or (iv) a community
30 policing volunteer; and
31 (B) the offense was committed: (i) while the
32 victim was engaged in the execution of his or her
33 official duties; or (ii) to prevent the victim from
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1 performing his or her official duties; (iii) in
2 retaliation for the victim's performance of his or
3 her official duties; or (iv) by reason of any
4 person's activity as a community policing volunteer.
5 Any streetgang member who commits the offense of
6 intimidation in furtherance of the activities of an
7 organized gang commits the offense of aggravated
8 intimidation.
9 (b) Sentence. Aggravated intimidation as defined in
10 paragraph (a)(1) is a Class 1 felony. Aggravated
11 intimidation as defined in paragraph (a)(2) or (a)(3) is a
12 Class 2 felony for which the offender may be sentenced to a
13 term of imprisonment of not less than 3 years nor more than
14 14 years.
15 (c) For the purposes of this Section, "streetgang",
16 "streetgang steetgang member", and "organized gang" have the
17 meanings ascribed to them in Section 10 of the Illinois
18 Streetgang Terrorism Omnibus Prevention Act.
19 (Source: P.A. 89-631, eff. 1-1-97; revised 7-7-97.)
20 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
21 Sec. 24-1.2. Aggravated discharge of a firearm.
22 (a) A person commits aggravated discharge of a firearm
23 when he knowingly or intentionally:
24 (1) Discharges a firearm at or into a building he
25 knows to be occupied and the firearm is discharged from a
26 place or position outside that building;
27 (2) Discharges a firearm in the direction of
28 another person or in the direction of a vehicle he knows
29 to be occupied;
30 (3) Discharges a firearm in the direction of a
31 person he knows to be a peace officer, a community
32 policing volunteer person summoned or directed by a peace
33 officer, a correctional institution employee, or a
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1 fireman while the officer, volunteer, employee or fireman
2 is engaged in the execution of any of his official
3 duties, or to prevent the officer, volunteer, employee or
4 fireman from performing his official duties, or in
5 retaliation for the officer, volunteer, employee or
6 fireman performing his official duties;
7 (4) Discharges a firearm in the direction of a
8 vehicle he knows to be occupied by a peace officer, a
9 person summoned or directed by a peace officer, a
10 correctional institution employee or a fireman while the
11 officer, employee or fireman is engaged in the execution
12 of any of his official duties, or to prevent the officer,
13 employee or fireman from performing his official duties,
14 or in retaliation for the officer, employee or fireman
15 performing his official duties;
16 (5) Discharges a firearm in the direction of a
17 person he knows to be an emergency medical technician -
18 ambulance, emergency medical technician - intermediate,
19 emergency medical technician - paramedic, ambulance
20 driver, or other medical assistance or first aid
21 personnel, employed by a municipality or other
22 governmental unit, while the emergency medical technician
23 - ambulance, emergency medical technician - intermediate,
24 emergency medical technician - paramedic, ambulance
25 driver, or other medical assistance or first aid
26 personnel is engaged in the execution of any of his
27 official duties, or to prevent the emergency medical
28 technician - ambulance, emergency medical technician -
29 intermediate, emergency medical technician - paramedic,
30 ambulance driver, or other medical assistance or first
31 aid personnel from performing his official duties, or in
32 retaliation for the emergency medical technician -
33 ambulance, emergency medical technician - intermediate,
34 emergency medical technician - paramedic, ambulance
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1 driver, or other medical assistance or first aid
2 personnel performing his official duties; or
3 (6) Discharges a firearm in the direction of a
4 vehicle he knows to be occupied by an emergency medical
5 technician - ambulance, emergency medical technician -
6 intermediate, emergency medical technician - paramedic,,
7 ambulance driver, or other medical assistance or first
8 aid personnel, employed by a municipality or other
9 governmental unit, while the emergency medical technician
10 - ambulance, emergency medical technician - intermediate,
11 emergency medical technician - paramedic, ambulance
12 driver, or other medical assistance or first aid
13 personnel is engaged in the execution of any of his
14 official duties, or to prevent the emergency medical
15 technician - ambulance, emergency medical technician -
16 intermediate, emergency medical technician - paramedic,
17 ambulance driver, or other medical assistance or first
18 aid personnel from performing his official duties, or in
19 retaliation for the emergency medical technician -
20 ambulance, emergency medical technician - intermediate,
21 emergency medical technician - paramedic, ambulance
22 driver, or other medical assistance or first aid
23 personnel performing his official duties.
24 (b) A violation of subsection (a) (1) or subsection
25 (a) (2) of this Section is a Class 1 felony. A violation of
26 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
27 Section is a Class X felony for which the sentence shall be a
28 term of imprisonment of no less than 10 years and not more
29 than 45 years.
30 (Source: P.A. 87-921; 88-433; 88-680, eff. 1-1-95.)
31 Section 10. The Unified Code of Corrections is amended
32 by changing Sections 5-5-3.2 and 5-8-1 as follows:
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1 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
2 Sec. 5-5-3.2. Factors in Aggravation.
3 (a) The following factors shall be accorded weight in
4 favor of imposing a term of imprisonment or may be considered
5 by the court as reasons to impose a more severe sentence
6 under Section 5-8-1:
7 (1) the defendant's conduct caused or threatened
8 serious harm;
9 (2) the defendant received compensation for
10 committing the offense;
11 (3) the defendant has a history of prior
12 delinquency or criminal activity;
13 (4) the defendant, by the duties of his office or
14 by his position, was obliged to prevent the particular
15 offense committed or to bring the offenders committing it
16 to justice;
17 (5) the defendant held public office at the time of
18 the offense, and the offense related to the conduct of
19 that office;
20 (6) the defendant utilized his professional
21 reputation or position in the community to commit the
22 offense, or to afford him an easier means of committing
23 it;
24 (7) the sentence is necessary to deter others from
25 committing the same crime;
26 (8) the defendant committed the offense against a
27 person 60 years of age or older or such person's
28 property;
29 (9) the defendant committed the offense against a
30 person who is physically handicapped or such person's
31 property;
32 (10) by reason of another individual's actual or
33 perceived race, color, creed, religion, ancestry, gender,
34 sexual orientation, physical or mental disability, or
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1 national origin, the defendant committed the offense
2 against (i) the person or property of that individual;
3 (ii) the person or property of a person who has an
4 association with, is married to, or has a friendship with
5 the other individual; or (iii) the person or property of
6 a relative (by blood or marriage) of a person described
7 in clause (i) or (ii). For the purposes of this Section,
8 "sexual orientation" means heterosexuality,
9 homosexuality, or bisexuality;
10 (11) the offense took place in a place of worship
11 or on the grounds of a place of worship, immediately
12 prior to, during or immediately following worship
13 services. For purposes of this subparagraph, "place of
14 worship" shall mean any church, synagogue or other
15 building, structure or place used primarily for religious
16 worship;
17 (12) the defendant was convicted of a felony
18 committed while he was released on bail or his own
19 recognizance pending trial for a prior felony and was
20 convicted of such prior felony, or the defendant was
21 convicted of a felony committed while he was serving a
22 period of probation, conditional discharge, or mandatory
23 supervised release under subsection (d) of Section 5-8-1
24 for a prior felony;
25 (13) the defendant committed or attempted to commit
26 a felony while he was wearing a bulletproof vest. For
27 the purposes of this paragraph (13), a bulletproof vest
28 is any device which is designed for the purpose of
29 protecting the wearer from bullets, shot or other lethal
30 projectiles;
31 (14) the defendant held a position of trust or
32 supervision such as, but not limited to, family member as
33 defined in Section 12-12 of the Criminal Code of 1961,
34 teacher, scout leader, baby sitter, or day care worker,
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1 in relation to a victim under 18 years of age, and the
2 defendant committed an offense in violation of Section
3 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
4 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
5 1961 against that victim;
6 (15) the defendant committed an offense related to
7 the activities of an organized gang. For the purposes of
8 this factor, "organized gang" has the meaning ascribed to
9 it in Section 10 of the Streetgang Terrorism Omnibus
10 Prevention Act;
11 (16) the defendant committed an offense in
12 violation of one of the following Sections while in a
13 school, regardless of the time of day or time of year; on
14 any conveyance owned, leased, or contracted by a school
15 to transport students to or from school or a school
16 related activity; on the real property of a school; or on
17 a public way within 1,000 feet of the real property
18 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
19 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
20 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
21 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
22 1961;.
23 (17) the defendant committed the offense by reason
24 of any person's activity as a community policing
25 volunteer or to prevent any person from engaging in
26 activity as a community policing volunteer. For the
27 purpose of this Section, "community policing volunteer"
28 has the meaning ascribed to it in Section 2-3.5 of the
29 Criminal Code of 1961.
30 For the purposes of this Section, "school" is defined as
31 a public or private elementary or secondary school, community
32 college, college, or university.
33 (b) The following factors may be considered by the court
34 as reasons to impose an extended term sentence under Section
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1 5-8-2 upon any offender:
2 (1) When a defendant is convicted of any felony,
3 after having been previously convicted in Illinois or any
4 other jurisdiction of the same or similar class felony or
5 greater class felony, when such conviction has occurred
6 within 10 years after the previous conviction, excluding
7 time spent in custody, and such charges are separately
8 brought and tried and arise out of different series of
9 acts; or
10 (2) When a defendant is convicted of any felony and
11 the court finds that the offense was accompanied by
12 exceptionally brutal or heinous behavior indicative of
13 wanton cruelty; or
14 (3) When a defendant is convicted of voluntary
15 manslaughter, second degree murder, involuntary
16 manslaughter or reckless homicide in which the defendant
17 has been convicted of causing the death of more than one
18 individual; or
19 (4) When a defendant is convicted of any felony
20 committed against:
21 (i) a person under 12 years of age at the time
22 of the offense or such person's property;
23 (ii) a person 60 years of age or older at the
24 time of the offense or such person's property; or
25 (iii) a person physically handicapped at the
26 time of the offense or such person's property; or
27 (5) In the case of a defendant convicted of
28 aggravated criminal sexual assault or criminal sexual
29 assault, when the court finds that aggravated criminal
30 sexual assault or criminal sexual assault was also
31 committed on the same victim by one or more other
32 individuals, and the defendant voluntarily participated
33 in the crime with the knowledge of the participation of
34 the others in the crime, and the commission of the crime
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1 was part of a single course of conduct during which there
2 was no substantial change in the nature of the criminal
3 objective; or
4 (6) When a defendant is convicted of any felony and
5 the offense involved any of the following types of
6 specific misconduct committed as part of a ceremony,
7 rite, initiation, observance, performance, practice or
8 activity of any actual or ostensible religious,
9 fraternal, or social group:
10 (i) the brutalizing or torturing of humans or
11 animals;
12 (ii) the theft of human corpses;
13 (iii) the kidnapping of humans;
14 (iv) the desecration of any cemetery,
15 religious, fraternal, business, governmental,
16 educational, or other building or property; or
17 (v) ritualized abuse of a child; or
18 (7) When a defendant is convicted of first degree
19 murder, after having been previously convicted in
20 Illinois of any offense listed under paragraph (c)(2) of
21 Section 5-5-3, when such conviction has occurred within
22 10 years after the previous conviction, excluding time
23 spent in custody, and such charges are separately brought
24 and tried and arise out of different series of acts; or
25 (8) When a defendant is convicted of a felony other
26 than conspiracy and the court finds that the felony was
27 committed under an agreement with 2 or more other persons
28 to commit that offense and the defendant, with respect to
29 the other individuals, occupied a position of organizer,
30 supervisor, financier, or any other position of
31 management or leadership, and the court further finds
32 that the felony committed was related to or in
33 furtherance of the criminal activities of an organized
34 gang or was motivated by the defendant's leadership in an
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1 organized gang; or
2 (9) When a defendant is convicted of a felony
3 violation of Section 24-1 of the Criminal Code of 1961
4 and the court finds that the defendant is a member of an
5 organized gang.
6 (b-1) For the purposes of this Section, "organized gang"
7 has the meaning ascribed to it in Section 10 of the Illinois
8 Streetgang Terrorism Omnibus Prevention Act.
9 (c) The court may impose an extended term sentence under
10 Section 5-8-2 upon any offender who was convicted of
11 aggravated criminal sexual assault where the victim was under
12 18 years of age at the time of the commission of the offense.
13 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
14 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
15 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97.)
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,
23 (a) a term shall be not less than 20 years and
24 not more than 60 years, or
25 (b) if the court finds that the murder was
26 accompanied by exceptionally brutal or heinous
27 behavior indicative of wanton cruelty or, except as
28 set forth in subsection (a)(1)(c) of this Section,
29 that any of the aggravating factors listed in
30 subsection (b) of Section 9-1 of the Criminal Code
31 of 1961 are present, the court may sentence the
32 defendant to a term of natural life imprisonment, or
33 (c) the court shall sentence the defendant to
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1 a term of natural life imprisonment when the death
2 penalty is not imposed if the defendant,
3 (i) has previously been convicted of
4 first degree murder under any state or federal
5 law, or
6 (ii) is a person who, at the time of the
7 commission of the murder, had attained the age
8 of 17 or more and is found guilty of murdering
9 an individual under 12 years of age; or,
10 irrespective of the defendant's age at the time
11 of the commission of the offense, is found
12 guilty of murdering more than one victim, or
13 (iii) is found guilty of murdering a
14 peace officer or fireman when the peace officer
15 or fireman was killed in the course of
16 performing his official duties, or to prevent
17 the peace officer or fireman from performing
18 his official duties, or in retaliation for the
19 peace officer or fireman performing his
20 official duties, and the defendant knew or
21 should have known that the murdered individual
22 was a peace officer or fireman, or
23 (iv) is found guilty of murdering an
24 employee of an institution or facility of the
25 Department of Corrections, or any similar local
26 correctional agency, when the employee was
27 killed in the course of performing his official
28 duties, or to prevent the employee from
29 performing his official duties, or in
30 retaliation for the employee performing his
31 official duties, or
32 (v) is found guilty of murdering an
33 emergency medical technician - ambulance,
34 emergency medical technician - intermediate,
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1 emergency medical technician - paramedic,
2 ambulance driver or other medical assistance or
3 first aid person while employed by a
4 municipality or other governmental unit when
5 the person was killed in the course of
6 performing official duties or to prevent the
7 person from performing official duties or in
8 retaliation for performing official duties and
9 the defendant knew or should have known that
10 the murdered individual was an emergency
11 medical technician - ambulance, emergency
12 medical technician - intermediate, emergency
13 medical technician - paramedic, ambulance
14 driver, or other medical assistant or first aid
15 personnel, or
16 (vi) is a person who, at the time of the
17 commission of the murder, had not attained the
18 age of 17, and is found guilty of murdering a
19 person under 12 years of age and the murder is
20 committed during the course of aggravated
21 criminal sexual assault, criminal sexual
22 assault, or aggravated kidnaping, or.
23 (vii) is found guilty of first degree
24 murder and the murder was committed by reason
25 of any person's activity as a community
26 policing volunteer or to prevent any person
27 from engaging in activity as a community
28 policing volunteer. For the purpose of this
29 Section, "community policing volunteer" has the
30 meaning ascribed to it in Section 2-3.5 of the
31 Criminal Code of 1961.
32 For purposes of clause (v), "emergency medical
33 technician - ambulance", "emergency medical
34 technician - intermediate", "emergency medical
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1 technician - paramedic", have the meanings ascribed
2 to them in the Emergency Medical Services (EMS)
3 Systems Act.
4 (1.5) for second degree murder, a term shall be not
5 less than 4 years and not more than 20 years;
6 (2) for a person adjudged a habitual criminal under
7 Article 33B of the Criminal Code of 1961, as amended, the
8 sentence shall be a term of natural life imprisonment;
9 (2.5) for a person convicted under the
10 circumstances described in paragraph (3) of subsection
11 (b) of Section 12-13, paragraph (2) of subsection (d) of
12 Section 12-14, or paragraph (2) of subsection (b) of
13 Section 12-14.1 of the Criminal Code of 1961, the
14 sentence shall be a term of natural life imprisonment;
15 (3) except as otherwise provided in the statute
16 defining the offense, for a Class X felony, the sentence
17 shall be not less than 6 years and not more than 30
18 years;
19 (4) for a Class 1 felony, other than second degree
20 murder, the sentence shall be not less than 4 years and
21 not more than 15 years;
22 (5) for a Class 2 felony, the sentence shall be not
23 less than 3 years and not more than 7 years;
24 (6) for a Class 3 felony, the sentence shall be not
25 less than 2 years and not more than 5 years;
26 (7) for a Class 4 felony, the sentence shall be not
27 less than 1 year and not more than 3 years.
28 (b) The sentencing judge in each felony conviction shall
29 set forth his reasons for imposing the particular sentence he
30 enters in the case, as provided in Section 5-4-1 of this
31 Code. Those reasons may include any mitigating or
32 aggravating factors specified in this Code, or the lack of
33 any such circumstances, as well as any other such factors as
34 the judge shall set forth on the record that are consistent
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1 with the purposes and principles of sentencing set out in
2 this Code.
3 (c) A motion to reduce a sentence may be made, or the
4 court may reduce a sentence without motion, within 30 days
5 after the sentence is imposed. A defendant's challenge to
6 the correctness of a sentence or to any aspect of the
7 sentencing hearing shall be made by a written motion filed
8 within 30 days following the imposition of sentence.
9 However, the court may not increase a sentence once it is
10 imposed.
11 If a motion filed pursuant to this subsection is timely
12 filed within 30 days after the sentence is imposed, the
13 proponent of the motion shall exercise due diligence in
14 seeking a determination on the motion and the court shall
15 thereafter decide such motion within a reasonable time.
16 If a motion filed pursuant to this subsection is timely
17 filed within 30 days after the sentence is imposed, then for
18 purposes of perfecting an appeal, a final judgment shall not
19 be considered to have been entered until the motion to reduce
20 a sentence has been decided by order entered by the trial
21 court.
22 A motion filed pursuant to this subsection shall not be
23 considered to have been timely filed unless it is filed with
24 the circuit court clerk within 30 days after the sentence is
25 imposed together with a notice of motion, which notice of
26 motion shall set the motion on the court's calendar on a date
27 certain within a reasonable time after the date of filing.
28 (d) Except where a term of natural life is imposed,
29 every sentence shall include as though written therein a term
30 in addition to the term of imprisonment. For those sentenced
31 under the law in effect prior to February 1, 1978, such term
32 shall be identified as a parole term. For those sentenced on
33 or after February 1, 1978, such term shall be identified as a
34 mandatory supervised release term. Subject to earlier
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1 termination under Section 3-3-8, the parole or mandatory
2 supervised release term shall be as follows:
3 (1) for first degree murder or a Class X felony, 3
4 years;
5 (2) for a Class 1 felony or a Class 2 felony, 2
6 years;
7 (3) for a Class 3 felony or a Class 4 felony, 1
8 year.
9 (e) A defendant who has a previous and unexpired
10 sentence of imprisonment imposed by another state or by any
11 district court of the United States and who, after sentence
12 for a crime in Illinois, must return to serve the unexpired
13 prior sentence may have his sentence by the Illinois court
14 ordered to be concurrent with the prior sentence in the other
15 state. The court may order that any time served on the
16 unexpired portion of the sentence in the other state, prior
17 to his return to Illinois, shall be credited on his Illinois
18 sentence. The other state shall be furnished with a copy of
19 the order imposing sentence which shall provide that, when
20 the offender is released from confinement of the other state,
21 whether by parole or by termination of sentence, the offender
22 shall be transferred by the Sheriff of the committing county
23 to the Illinois Department of Corrections. The court shall
24 cause the Department of Corrections to be notified of such
25 sentence at the time of commitment and to be provided with
26 copies of all records regarding the sentence.
27 (f) A defendant who has a previous and unexpired
28 sentence of imprisonment imposed by an Illinois circuit court
29 for a crime in this State and who is subsequently sentenced
30 to a term of imprisonment by another state or by any district
31 court of the United States and who has served a term of
32 imprisonment imposed by the other state or district court of
33 the United States, and must return to serve the unexpired
34 prior sentence imposed by the Illinois Circuit Court may
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1 apply to the court which imposed sentence to have his
2 sentence reduced.
3 The circuit court may order that any time served on the
4 sentence imposed by the other state or district court of the
5 United States be credited on his Illinois sentence. Such
6 application for reduction of a sentence under this
7 subsection (f) shall be made within 30 days after the
8 defendant has completed the sentence imposed by the other
9 state or district court of the United States.
10 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
11 89-462, eff. 5-29-96; 90-396, eff. 1-1-98.)