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90_HB2400sam001
LRB9007731RCksam04
1 AMENDMENT TO HOUSE BILL 2400
2 AMENDMENT NO. . Amend House Bill 2400 by replacing
3 the title with the following:
4 "AN ACT in relation to criminal law."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Criminal Code of 1961 is amended by
8 changing Sections 9-1, 12-2, 12-4, 12-4.2, 12-6.2, and 24-1.2
9 and adding Section 2-3.5 as follows:
10 (720 ILCS 5/2-3.5 new)
11 Sec. 2-3.5. "Community policing volunteer" means a
12 person who is summoned or directed by a peace officer or any
13 person actively participating in a community policing program
14 and who is engaged in lawful conduct intended to assist any
15 unit of government in enforcing any criminal or civil law.
16 For the purpose of this Section, "community policing program"
17 means any plan, system or strategy established by and
18 conducted under the auspices of a law enforcement agency in
19 which citizens participate with and are guided by the law
20 enforcement agency and work with members of that agency to
21 reduce or prevent crime within a defined geographic area.
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1 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
2 Sec. 9-1. First degree Murder - Death penalties -
3 Exceptions - Separate Hearings - Proof - Findings - Appellate
4 procedures - Reversals.
5 (a) A person who kills an individual without lawful
6 justification commits first degree murder if, in performing
7 the acts which cause the death:
8 (1) he either intends to kill or do great bodily
9 harm to that individual or another, or knows that such
10 acts will cause death to that individual or another; or
11 (2) he knows that such acts create a strong
12 probability of death or great bodily harm to that
13 individual or another; or
14 (3) he is attempting or committing a forcible
15 felony other than second degree murder.
16 (b) Aggravating Factors. A defendant who at the time of
17 the commission of the offense has attained the age of 18 or
18 more and who has been found guilty of first degree murder may
19 be sentenced to death if:
20 (1) the murdered individual was a peace officer or
21 fireman killed in the course of performing his official
22 duties, to prevent the performance of his official
23 duties, or in retaliation for performing his official
24 duties, and the defendant knew or should have known that
25 the murdered individual was a peace officer or fireman;
26 or
27 (2) the murdered individual was an employee of an
28 institution or facility of the Department of Corrections,
29 or any similar local correctional agency, killed in the
30 course of performing his official duties, to prevent the
31 performance of his official duties, or in retaliation for
32 performing his official duties, or the murdered
33 individual was an inmate at such institution or facility
34 and was killed on the grounds thereof, or the murdered
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1 individual was otherwise present in such institution or
2 facility with the knowledge and approval of the chief
3 administrative officer thereof; or
4 (3) the defendant has been convicted of murdering
5 two or more individuals under subsection (a) of this
6 Section or under any law of the United States or of any
7 state which is substantially similar to subsection (a) of
8 this Section regardless of whether the deaths occurred
9 as the result of the same act or of several related or
10 unrelated acts so long as the deaths were the result of
11 either an intent to kill more than one person or of
12 separate acts which the defendant knew would cause death
13 or create a strong probability of death or great bodily
14 harm to the murdered individual or another; or
15 (4) the murdered individual was killed as a result
16 of the hijacking of an airplane, train, ship, bus or
17 other public conveyance; or
18 (5) the defendant committed the murder pursuant to
19 a contract, agreement or understanding by which he was to
20 receive money or anything of value in return for
21 committing the murder or procured another to commit the
22 murder for money or anything of value; or
23 (6) the murdered individual was killed in the
24 course of another felony if:
25 (a) the murdered individual:
26 (i) was actually killed by the defendant,
27 or
28 (ii) received physical injuries
29 personally inflicted by the defendant
30 substantially contemporaneously with physical
31 injuries caused by one or more persons for
32 whose conduct the defendant is legally
33 accountable under Section 5-2 of this Code, and
34 the physical injuries inflicted by either the
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1 defendant or the other person or persons for
2 whose conduct he is legally accountable caused
3 the death of the murdered individual; and
4 (b) in performing the acts which caused the
5 death of the murdered individual or which resulted
6 in physical injuries personally inflicted by the
7 defendant on the murdered individual under the
8 circumstances of subdivision (ii) of subparagraph
9 (a) of paragraph (6) of subsection (b) of this
10 Section, the defendant acted with the intent to kill
11 the murdered individual or with the knowledge that
12 his acts created a strong probability of death or
13 great bodily harm to the murdered individual or
14 another; and
15 (c) the other felony was one of the following:
16 armed robbery, armed violence, robbery, predatory
17 criminal sexual assault of a child, aggravated
18 criminal sexual assault, aggravated kidnapping,
19 aggravated vehicular hijacking, forcible detention,
20 arson, aggravated arson, aggravated stalking,
21 burglary, residential burglary, home invasion,
22 calculated criminal drug conspiracy as defined in
23 Section 405 of the Illinois Controlled Substances
24 Act, streetgang criminal drug conspiracy as defined
25 in Section 405.2 of the Illinois Controlled
26 Substances Act, or the attempt to commit any of the
27 felonies listed in this subsection (c); or
28 (7) the murdered individual was under 12 years of
29 age and the death resulted from exceptionally brutal or
30 heinous behavior indicative of wanton cruelty; or
31 (8) the defendant committed the murder with intent
32 to prevent the murdered individual from testifying in any
33 criminal prosecution or giving material assistance to the
34 State in any investigation or prosecution, either against
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1 the defendant or another; or the defendant committed the
2 murder because the murdered individual was a witness in
3 any prosecution or gave material assistance to the State
4 in any investigation or prosecution, either against the
5 defendant or another; or
6 (9) the defendant, while committing an offense
7 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
8 407 or 407.1 or subsection (b) of Section 404 of the
9 Illinois Controlled Substances Act, or while engaged in a
10 conspiracy or solicitation to commit such offense,
11 intentionally killed an individual or counseled,
12 commanded, induced, procured or caused the intentional
13 killing of the murdered individual; or
14 (10) the defendant was incarcerated in an
15 institution or facility of the Department of Corrections
16 at the time of the murder, and while committing an
17 offense punishable as a felony under Illinois law, or
18 while engaged in a conspiracy or solicitation to commit
19 such offense, intentionally killed an individual or
20 counseled, commanded, induced, procured or caused the
21 intentional killing of the murdered individual; or
22 (11) the murder was committed in a cold, calculated
23 and premeditated manner pursuant to a preconceived plan,
24 scheme or design to take a human life by unlawful means,
25 and the conduct of the defendant created a reasonable
26 expectation that the death of a human being would result
27 therefrom; or
28 (12) the murdered individual was an emergency
29 medical technician - ambulance, emergency medical
30 technician - intermediate, emergency medical technician -
31 paramedic, ambulance driver, or other medical assistance
32 or first aid personnel, employed by a municipality or
33 other governmental unit, killed in the course of
34 performing his official duties, to prevent the
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1 performance of his official duties, or in retaliation for
2 performing his official duties, and the defendant knew or
3 should have known that the murdered individual was an
4 emergency medical technician - ambulance, emergency
5 medical technician - intermediate, emergency medical
6 technician - paramedic, ambulance driver, or other
7 medical assistance or first aid personnel; or
8 (13) the defendant was a principal administrator,
9 organizer, or leader of a calculated criminal drug
10 conspiracy consisting of a hierarchical position of
11 authority superior to that of all other members of the
12 conspiracy, and the defendant counseled, commanded,
13 induced, procured, or caused the intentional killing of
14 the murdered person; or
15 (14) the murder was intentional and involved the
16 infliction of torture. For the purpose of this Section
17 torture means the infliction of or subjection to extreme
18 physical pain, motivated by an intent to increase or
19 prolong the pain, suffering or agony of the victim; or
20 (15) the murder was committed as a result of the
21 intentional discharge of a firearm by the defendant from
22 a motor vehicle and the victim was not present within the
23 motor vehicle; or
24 (16) the murdered individual was 60 years of age or
25 older and the death resulted from exceptionally brutal or
26 heinous behavior indicative of wanton cruelty; or
27 (17) the murdered individual was a disabled person
28 and the defendant knew or should have known that the
29 murdered individual was disabled. For purposes of this
30 paragraph (17), "disabled person" means a person who
31 suffers from a permanent physical or mental impairment
32 resulting from disease, an injury, a functional disorder,
33 or a congenital condition that renders the person
34 incapable of adequately providing for his or her own
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1 health or personal care; or.
2 (18) the murder was committed by reason of any
3 person's activity as a community policing volunteer or to
4 prevent any person from engaging in activity as a
5 community policing volunteer.
6 (c) Consideration of factors in Aggravation and
7 Mitigation.
8 The court shall consider, or shall instruct the jury to
9 consider any aggravating and any mitigating factors which are
10 relevant to the imposition of the death penalty. Aggravating
11 factors may include but need not be limited to those factors
12 set forth in subsection (b). Mitigating factors may include
13 but need not be limited to the following:
14 (1) the defendant has no significant history of
15 prior criminal activity;
16 (2) the murder was committed while the defendant
17 was under the influence of extreme mental or emotional
18 disturbance, although not such as to constitute a defense
19 to prosecution;
20 (3) the murdered individual was a participant in
21 the defendant's homicidal conduct or consented to the
22 homicidal act;
23 (4) the defendant acted under the compulsion of
24 threat or menace of the imminent infliction of death or
25 great bodily harm;
26 (5) the defendant was not personally present during
27 commission of the act or acts causing death.
28 (d) Separate sentencing hearing.
29 Where requested by the State, the court shall conduct a
30 separate sentencing proceeding to determine the existence of
31 factors set forth in subsection (b) and to consider any
32 aggravating or mitigating factors as indicated in subsection
33 (c). The proceeding shall be conducted:
34 (1) before the jury that determined the defendant's
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1 guilt; or
2 (2) before a jury impanelled for the purpose of the
3 proceeding if:
4 A. the defendant was convicted upon a plea of
5 guilty; or
6 B. the defendant was convicted after a trial
7 before the court sitting without a jury; or
8 C. the court for good cause shown discharges
9 the jury that determined the defendant's guilt; or
10 (3) before the court alone if the defendant waives
11 a jury for the separate proceeding.
12 (e) Evidence and Argument.
13 During the proceeding any information relevant to any of
14 the factors set forth in subsection (b) may be presented by
15 either the State or the defendant under the rules governing
16 the admission of evidence at criminal trials. Any
17 information relevant to any additional aggravating factors or
18 any mitigating factors indicated in subsection (c) may be
19 presented by the State or defendant regardless of its
20 admissibility under the rules governing the admission of
21 evidence at criminal trials. The State and the defendant
22 shall be given fair opportunity to rebut any information
23 received at the hearing.
24 (f) Proof.
25 The burden of proof of establishing the existence of any
26 of the factors set forth in subsection (b) is on the State
27 and shall not be satisfied unless established beyond a
28 reasonable doubt.
29 (g) Procedure - Jury.
30 If at the separate sentencing proceeding the jury finds
31 that none of the factors set forth in subsection (b) exists,
32 the court shall sentence the defendant to a term of
33 imprisonment under Chapter V of the Unified Code of
34 Corrections. If there is a unanimous finding by the jury
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1 that one or more of the factors set forth in subsection (b)
2 exist, the jury shall consider aggravating and mitigating
3 factors as instructed by the court and shall determine
4 whether the sentence of death shall be imposed. If the jury
5 determines unanimously that there are no mitigating factors
6 sufficient to preclude the imposition of the death sentence,
7 the court shall sentence the defendant to death.
8 Unless the jury unanimously finds that there are no
9 mitigating factors sufficient to preclude the imposition of
10 the death sentence the court shall sentence the defendant to
11 a term of imprisonment under Chapter V of the Unified Code of
12 Corrections.
13 (h) Procedure - No Jury.
14 In a proceeding before the court alone, if the court
15 finds that none of the factors found in subsection (b)
16 exists, the court shall sentence the defendant to a term of
17 imprisonment under Chapter V of the Unified Code of
18 Corrections.
19 If the Court determines that one or more of the factors
20 set forth in subsection (b) exists, the Court shall consider
21 any aggravating and mitigating factors as indicated in
22 subsection (c). If the Court determines that there are no
23 mitigating factors sufficient to preclude the imposition of
24 the death sentence, the Court shall sentence the defendant to
25 death.
26 Unless the court finds that there are no mitigating
27 factors sufficient to preclude the imposition of the sentence
28 of death, the court shall sentence the defendant to a term of
29 imprisonment under Chapter V of the Unified Code of
30 Corrections.
31 (i) Appellate Procedure.
32 The conviction and sentence of death shall be subject to
33 automatic review by the Supreme Court. Such review shall be
34 in accordance with rules promulgated by the Supreme Court.
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1 (j) Disposition of reversed death sentence.
2 In the event that the death penalty in this Act is held
3 to be unconstitutional by the Supreme Court of the United
4 States or of the State of Illinois, any person convicted of
5 first degree murder shall be sentenced by the court to a term
6 of imprisonment under Chapter V of the Unified Code of
7 Corrections.
8 In the event that any death sentence pursuant to the
9 sentencing provisions of this Section is declared
10 unconstitutional by the Supreme Court of the United States or
11 of the State of Illinois, the court having jurisdiction over
12 a person previously sentenced to death shall cause the
13 defendant to be brought before the court, and the court shall
14 sentence the defendant to a term of imprisonment under
15 Chapter V of the Unified Code of Corrections.
16 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
17 89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
18 1-1-98.)
19 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
20 Sec. 12-2. Aggravated assault.
21 (a) A person commits an aggravated assault, when, in
22 committing an assault, he:
23 (1) Uses a deadly weapon or any device manufactured
24 and designed to be substantially similar in appearance to
25 a firearm, other than by discharging a firearm in the
26 direction of another person, a peace officer, a person
27 summoned or directed by a peace officer, a correctional
28 officer or a fireman or in the direction of a vehicle
29 occupied by another person, a peace officer, a person
30 summoned or directed by a peace officer, a correctional
31 officer or a fireman while the officer or fireman is
32 engaged in the execution of any of his official duties,
33 or to prevent the officer or fireman from performing his
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1 official duties, or in retaliation for the officer or
2 fireman performing his official duties;
3 (2) Is hooded, robed or masked in such manner as to
4 conceal his identity or any device manufactured and
5 designed to be substantially similar in appearance to a
6 firearm;
7 (3) Knows the individual assaulted to be a teacher
8 or other person employed in any school and such teacher
9 or other employee is upon the grounds of a school or
10 grounds adjacent thereto, or is in any part of a building
11 used for school purposes;
12 (4) Knows the individual assaulted to be a
13 supervisor, director, instructor or other person employed
14 in any park district and such supervisor, director,
15 instructor or other employee is upon the grounds of the
16 park or grounds adjacent thereto, or is in any part of a
17 building used for park purposes;
18 (5) Knows the individual assaulted to be a
19 caseworker, investigator, or other person employed by the
20 State Department of Public Aid, a County Department of
21 Public Aid, or the Department of Human Services (acting
22 as successor to the Illinois Department of Public Aid
23 under the Department of Human Services Act) and such
24 caseworker, investigator, or other person is upon the
25 grounds of a public aid office or grounds adjacent
26 thereto, or is in any part of a building used for public
27 aid purposes, or upon the grounds of a home of a public
28 aid applicant, recipient or any other person being
29 interviewed or investigated in the employees' discharge
30 of his duties, or on grounds adjacent thereto, or is in
31 any part of a building in which the applicant, recipient,
32 or other such person resides or is located;
33 (6) Knows the individual assaulted to be a peace
34 officer, or a community policing volunteer a person
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1 summoned and directed by him, or a fireman while the
2 officer or fireman is engaged in the execution of any of
3 his official duties, or to prevent the officer, community
4 policing volunteer, or fireman from performing his
5 official duties, or in retaliation for the officer,
6 community policing volunteer, or fireman performing his
7 official duties, and the assault is committed other than
8 by the discharge of a firearm in the direction of the
9 officer or fireman or in the direction of a vehicle
10 occupied by the officer or fireman;
11 (7) Knows the individual assaulted to be an
12 emergency medical technician - ambulance, emergency
13 medical technician - intermediate, emergency medical
14 technician - paramedic, ambulance driver or other medical
15 assistance or first aid personnel employed by a
16 municipality or other governmental unit engaged in the
17 execution of any of his official duties, or to prevent
18 the emergency medical technician - ambulance, emergency
19 medical technician - intermediate, emergency medical
20 technician - paramedic, ambulance driver, or other
21 medical assistance or first aid personnel from performing
22 his official duties, or in retaliation for the emergency
23 medical technician - ambulance, emergency medical
24 technician - intermediate, emergency medical technician -
25 paramedic, ambulance driver, or other medical assistance
26 or first aid personnel performing his official duties;
27 (8) Knows the individual assaulted to be the
28 driver, operator, employee or passenger of any
29 transportation facility or system engaged in the business
30 of transportation of the public for hire and the
31 individual assaulted is then performing in such capacity
32 or then using such public transportation as a passenger
33 or using any area of any description designated by the
34 transportation facility or system as a vehicle boarding,
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1 departure, or transfer location;
2 (9) Or the individual assaulted is on or about a
3 public way, public property, or public place of
4 accommodation or amusement;
5 (10) Knows the individual assaulted to be an
6 employee of the State of Illinois, a municipal
7 corporation therein or a political subdivision thereof,
8 engaged in the performance of his authorized duties as
9 such employee;
10 (11) Knowingly and without legal justification,
11 commits an assault on a physically handicapped person;
12 (12) Knowingly and without legal justification,
13 commits an assault on a person 60 years of age or older;
14 (13) Discharges a firearm;
15 (14) Knows the individual assaulted to be a
16 correctional officer, while the officer is engaged in the
17 execution of any of his or her official duties, or to
18 prevent the officer from performing his or her official
19 duties, or in retaliation for the officer performing his
20 or her official duties; or
21 (15) Knows the individual assaulted to be a
22 correctional employee, while the employee is engaged in
23 the execution of any of his or her official duties, or to
24 prevent the employee from performing his or her official
25 duties, or in retaliation for the employee performing his
26 or her official duties, and the assault is committed
27 other than by the discharge of a firearm in the direction
28 of the employee or in the direction of a vehicle occupied
29 by the employee.
30 (b) Sentence.
31 Aggravated assault as defined in paragraphs (1) through
32 (5) and (7) through (12) of subsection (a) of this Section is
33 a Class A misdemeanor. Aggravated assault as defined in
34 paragraphs (13), (14), and (15) of subsection (a) of this
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1 Section is a Class 4 felony. Aggravated assault as defined in
2 paragraph (6) of subsection (a) of this Section is a Class A
3 misdemeanor if a firearm is not used in the commission of the
4 assault. Aggravated assault as defined in paragraph (6) of
5 subsection (a) of this Section is a Class 4 felony if a
6 firearm is used in the commission of the assault.
7 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97.)
8 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
9 Sec. 12-4. Aggravated Battery.
10 (a) A person who, in committing a battery, intentionally
11 or knowingly causes great bodily harm, or permanent
12 disability or disfigurement commits aggravated battery.
13 (b) In committing a battery, a person commits aggravated
14 battery if he or she:
15 (1) Uses a deadly weapon other than by the
16 discharge of a firearm;
17 (2) Is hooded, robed or masked, in such manner as
18 to conceal his identity;
19 (3) Knows the individual harmed to be a teacher or
20 other person employed in any school and such teacher or
21 other employee is upon the grounds of a school or grounds
22 adjacent thereto, or is in any part of a building used
23 for school purposes;
24 (4) Knows the individual harmed to be a supervisor,
25 director, instructor or other person employed in any park
26 district and such supervisor, director, instructor or
27 other employee is upon the grounds of the park or grounds
28 adjacent thereto, or is in any part of a building used
29 for park purposes;
30 (5) Knows the individual harmed to be a caseworker,
31 investigator, or other person employed by the State
32 Department of Public Aid, a County Department of Public
33 Aid, or the Department of Human Services (acting as
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1 successor to the Illinois Department of Public Aid under
2 the Department of Human Services Act) and such
3 caseworker, investigator, or other person is upon the
4 grounds of a public aid office or grounds adjacent
5 thereto, or is in any part of a building used for public
6 aid purposes, or upon the grounds of a home of a public
7 aid applicant, recipient, or any other person being
8 interviewed or investigated in the employee's discharge
9 of his duties, or on grounds adjacent thereto, or is in
10 any part of a building in which the applicant, recipient,
11 or other such person resides or is located;
12 (6) Knows the individual harmed to be a peace
13 officer, a community policing volunteer, person summoned
14 and directed by a peace officer, a correctional
15 institution employee, or a fireman while such officer,
16 volunteer, employee or fireman is engaged in the
17 execution of any official duties including arrest or
18 attempted arrest, or to prevent the officer, volunteer,
19 employee or fireman from performing official duties, or
20 in retaliation for the officer, volunteer, employee or
21 fireman performing official duties, and the battery is
22 committed other than by the discharge of a firearm;
23 (7) Knows the individual harmed to be an emergency
24 medical technician - ambulance, emergency medical
25 technician - intermediate, emergency medical technician -
26 paramedic, ambulance driver or other medical assistance
27 or first aid personnel engaged in the performance of any
28 of his or her official duties, or to prevent the
29 emergency medical technician - ambulance, emergency
30 medical technician - intermediate, emergency medical
31 technician - paramedic, ambulance driver, or other
32 medical assistance or first aid personnel from performing
33 official duties, or in retaliation for performing
34 official duties;
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1 (8) Is, or the person battered is, on or about a
2 public way, public property or public place of
3 accommodation or amusement;
4 (9) Knows the individual harmed to be the driver,
5 operator, employee or passenger of any transportation
6 facility or system engaged in the business of
7 transportation of the public for hire and the individual
8 assaulted is then performing in such capacity or then
9 using such public transportation as a passenger or using
10 any area of any description designated by the
11 transportation facility or system as a vehicle boarding,
12 departure, or transfer location;
13 (10) Knowingly and without legal justification and
14 by any means causes bodily harm to an individual of 60
15 years of age or older;
16 (11) Knows the individual harmed is pregnant;
17 (12) Knows the individual harmed to be a judge whom
18 the person intended to harm as a result of the judge's
19 performance of his or her official duties as a judge;
20 (13) Knows the individual harmed to be an employee
21 of the Illinois Department of Children and Family
22 Services engaged in the performance of his authorized
23 duties as such employee;
24 (14) Knows the individual harmed to be a person who
25 is physically handicapped; or
26 (15) Knowingly and without legal justification and
27 by any means causes bodily harm to a merchant who detains
28 the person for an alleged commission of retail theft
29 under Section 16A-5 of this Code. In this item (15),
30 "merchant" has the meaning ascribed to it in Section
31 16A-2.4 of this Code.
32 For the purpose of paragraph (14) of subsection (b) of
33 this Section, a physically handicapped person is a person who
34 suffers from a permanent and disabling physical
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1 characteristic, resulting from disease, injury, functional
2 disorder or congenital condition.
3 (c) A person who administers to an individual or causes
4 him to take, without his consent or by threat or deception,
5 and for other than medical purposes, any intoxicating,
6 poisonous, stupefying, narcotic or anesthetic substance
7 commits aggravated battery.
8 (d) A person who knowingly gives to another person any
9 food that contains any substance or object that is intended
10 to cause physical injury if eaten, commits aggravated
11 battery.
12 (e) Sentence.
13 Aggravated battery is a Class 3 felony.
14 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98.)
15 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
16 Sec. 12-4.2. Aggravated Battery with a firearm.
17 (a) A person commits aggravated battery with a firearm
18 when he, in committing a battery, knowingly or intentionally
19 by means of the discharging of a firearm (1) causes any
20 injury to another person, or (2) causes any injury to a
21 person he knows to be a peace officer, a community policing
22 volunteer person summoned by a peace officer, a correctional
23 institution employee or a fireman while the officer,
24 volunteer, employee or fireman is engaged in the execution of
25 any of his official duties, or to prevent the officer,
26 volunteer, employee or fireman from performing his official
27 duties, or in retaliation for the officer, volunteer,
28 employee or fireman performing his official duties, or (3)
29 causes any injury to a person he knows to be an emergency
30 medical technician - ambulance, emergency medical technician
31 - intermediate, emergency medical technician - paramedic,
32 ambulance driver, or other medical assistance or first aid
33 personnel, employed by a municipality or other governmental
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1 unit, while the emergency medical technician - ambulance,
2 emergency medical technician - intermediate, emergency
3 medical technician - paramedic, ambulance driver, or other
4 medical assistance or first aid personnel is engaged in the
5 execution of any of his official duties, or to prevent the
6 emergency medical technician - ambulance, emergency medical
7 technician - intermediate, emergency medical technician -
8 paramedic, ambulance driver, or other medical assistance or
9 first aid personnel from performing his official duties, or
10 in retaliation for the emergency medical technician -
11 ambulance, emergency medical technician - intermediate,
12 emergency medical technician - paramedic, ambulance driver,
13 or other medical assistance or first aid personnel performing
14 his official duties.
15 (b) A violation of subsection (a) (1) of this Section is
16 a Class X felony. A violation of subsection (a) (2) or
17 subsection (a) (3) of this Section is a Class X felony for
18 which the sentence shall be a term of imprisonment of no less
19 than 15 years and no more than 60 years.
20 (c) For purposes of this Section, "firearm" is defined
21 as in "An Act relating to the acquisition, possession and
22 transfer of firearms and firearm ammunition, to provide a
23 penalty for the violation thereof and to make an
24 appropriation in connection therewith", approved August 1,
25 1967, as amended.
26 (Source: P.A. 87-921; 87-1256; 88-433; 88-680, eff. 1-1-95.)
27 (720 ILCS 5/12-6.2)
28 Sec. 12-6.2. Aggravated intimidation.
29 (a) A person commits the offense of aggravated
30 intimidation when he or she commits the offense of
31 intimidation and:
32 (1) the person committed the offense in furtherance
33 of the activities of an organized gang or by the person's
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1 membership in or allegiance to an organized gang; or
2 (2) the offense is committed with the intent to
3 prevent any person from becoming a community policing
4 volunteer; or
5 (3) the following conditions are met:
6 (A) the person knew that the victim was: (i) a
7 peace officer, (ii) a correctional institution
8 employee, (iii) a fireman; or (iv) a community
9 policing volunteer; and
10 (B) the offense was committed: (i) while the
11 victim was engaged in the execution of his or her
12 official duties; or (ii) to prevent the victim from
13 performing his or her official duties; (iii) in
14 retaliation for the victim's performance of his or
15 her official duties; or (iv) by reason of any
16 person's activity as a community policing volunteer.
17 Any streetgang member who commits the offense of
18 intimidation in furtherance of the activities of an
19 organized gang commits the offense of aggravated
20 intimidation.
21 (b) Sentence. Aggravated intimidation as defined in
22 paragraph (a)(1) is a Class 1 felony. Aggravated
23 intimidation as defined in paragraph (a)(2) or (a)(3) is a
24 Class 2 felony for which the offender may be sentenced to a
25 term of imprisonment of not less than 3 years nor more than
26 14 years.
27 (c) For the purposes of this Section, "streetgang",
28 "streetgang steetgang member", and "organized gang" have the
29 meanings ascribed to them in Section 10 of the Illinois
30 Streetgang Terrorism Omnibus Prevention Act.
31 (Source: P.A. 89-631, eff. 1-1-97; revised 7-7-97.)
32 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
33 Sec. 24-1.2. Aggravated discharge of a firearm.
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1 (a) A person commits aggravated discharge of a firearm
2 when he knowingly or intentionally:
3 (1) Discharges a firearm at or into a building he
4 knows to be occupied and the firearm is discharged from a
5 place or position outside that building;
6 (2) Discharges a firearm in the direction of
7 another person or in the direction of a vehicle he knows
8 to be occupied;
9 (3) Discharges a firearm in the direction of a
10 person he knows to be a peace officer, a community
11 policing volunteer person summoned or directed by a peace
12 officer, a correctional institution employee, or a
13 fireman while the officer, volunteer, employee or fireman
14 is engaged in the execution of any of his official
15 duties, or to prevent the officer, volunteer, employee or
16 fireman from performing his official duties, or in
17 retaliation for the officer, volunteer, employee or
18 fireman performing his official duties;
19 (4) Discharges a firearm in the direction of a
20 vehicle he knows to be occupied by a peace officer, a
21 person summoned or directed by a peace officer, a
22 correctional institution employee or a fireman while the
23 officer, employee or fireman is engaged in the execution
24 of any of his official duties, or to prevent the officer,
25 employee or fireman from performing his official duties,
26 or in retaliation for the officer, employee or fireman
27 performing his official duties;
28 (5) Discharges a firearm in the direction of a
29 person he knows to be an emergency medical technician -
30 ambulance, emergency medical technician - intermediate,
31 emergency medical technician - paramedic, ambulance
32 driver, or other medical assistance or first aid
33 personnel, employed by a municipality or other
34 governmental unit, while the emergency medical technician
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1 - ambulance, emergency medical technician - intermediate,
2 emergency medical technician - paramedic, ambulance
3 driver, or other medical assistance or first aid
4 personnel is engaged in the execution of any of his
5 official duties, or to prevent the emergency medical
6 technician - ambulance, emergency medical technician -
7 intermediate, emergency medical technician - paramedic,
8 ambulance driver, or other medical assistance or first
9 aid personnel from performing his official duties, or in
10 retaliation for the emergency medical technician -
11 ambulance, emergency medical technician - intermediate,
12 emergency medical technician - paramedic, ambulance
13 driver, or other medical assistance or first aid
14 personnel performing his official duties; or
15 (6) Discharges a firearm in the direction of a
16 vehicle he knows to be occupied by an emergency medical
17 technician - ambulance, emergency medical technician -
18 intermediate, emergency medical technician - paramedic,,
19 ambulance driver, or other medical assistance or first
20 aid personnel, employed by a municipality or other
21 governmental unit, while the emergency medical technician
22 - ambulance, emergency medical technician - intermediate,
23 emergency medical technician - paramedic, ambulance
24 driver, or other medical assistance or first aid
25 personnel is engaged in the execution of any of his
26 official duties, or to prevent the emergency medical
27 technician - ambulance, emergency medical technician -
28 intermediate, emergency medical technician - paramedic,
29 ambulance driver, or other medical assistance or first
30 aid personnel from performing his official duties, or in
31 retaliation for the emergency medical technician -
32 ambulance, emergency medical technician - intermediate,
33 emergency medical technician - paramedic, ambulance
34 driver, or other medical assistance or first aid
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1 personnel performing his official duties.
2 (b) A violation of subsection (a) (1) or subsection
3 (a) (2) of this Section is a Class 1 felony. A violation of
4 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
5 Section is a Class X felony for which the sentence shall be a
6 term of imprisonment of no less than 10 years and not more
7 than 45 years.
8 (Source: P.A. 87-921; 88-433; 88-680, eff. 1-1-95.)
9 Section 10. The Unified Code of Corrections is amended
10 by changing Sections 5-5-3.2 and 5-8-1 as follows:
11 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
12 Sec. 5-5-3.2. Factors in Aggravation.
13 (a) The following factors shall be accorded weight in
14 favor of imposing a term of imprisonment or may be considered
15 by the court as reasons to impose a more severe sentence
16 under Section 5-8-1:
17 (1) the defendant's conduct caused or threatened
18 serious harm;
19 (2) the defendant received compensation for
20 committing the offense;
21 (3) the defendant has a history of prior
22 delinquency or criminal activity;
23 (4) the defendant, by the duties of his office or
24 by his position, was obliged to prevent the particular
25 offense committed or to bring the offenders committing it
26 to justice;
27 (5) the defendant held public office at the time of
28 the offense, and the offense related to the conduct of
29 that office;
30 (6) the defendant utilized his professional
31 reputation or position in the community to commit the
32 offense, or to afford him an easier means of committing
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1 it;
2 (7) the sentence is necessary to deter others from
3 committing the same crime;
4 (8) the defendant committed the offense against a
5 person 60 years of age or older or such person's
6 property;
7 (9) the defendant committed the offense against a
8 person who is physically handicapped or such person's
9 property;
10 (10) by reason of another individual's actual or
11 perceived race, color, creed, religion, ancestry, gender,
12 sexual orientation, physical or mental disability, or
13 national origin, the defendant committed the offense
14 against (i) the person or property of that individual;
15 (ii) the person or property of a person who has an
16 association with, is married to, or has a friendship with
17 the other individual; or (iii) the person or property of
18 a relative (by blood or marriage) of a person described
19 in clause (i) or (ii). For the purposes of this Section,
20 "sexual orientation" means heterosexuality,
21 homosexuality, or bisexuality;
22 (11) the offense took place in a place of worship
23 or on the grounds of a place of worship, immediately
24 prior to, during or immediately following worship
25 services. For purposes of this subparagraph, "place of
26 worship" shall mean any church, synagogue or other
27 building, structure or place used primarily for religious
28 worship;
29 (12) the defendant was convicted of a felony
30 committed while he was released on bail or his own
31 recognizance pending trial for a prior felony and was
32 convicted of such prior felony, or the defendant was
33 convicted of a felony committed while he was serving a
34 period of probation, conditional discharge, or mandatory
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1 supervised release under subsection (d) of Section 5-8-1
2 for a prior felony;
3 (13) the defendant committed or attempted to commit
4 a felony while he was wearing a bulletproof vest. For
5 the purposes of this paragraph (13), a bulletproof vest
6 is any device which is designed for the purpose of
7 protecting the wearer from bullets, shot or other lethal
8 projectiles;
9 (14) the defendant held a position of trust or
10 supervision such as, but not limited to, family member as
11 defined in Section 12-12 of the Criminal Code of 1961,
12 teacher, scout leader, baby sitter, or day care worker,
13 in relation to a victim under 18 years of age, and the
14 defendant committed an offense in violation of Section
15 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
16 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
17 1961 against that victim;
18 (15) the defendant committed an offense related to
19 the activities of an organized gang. For the purposes of
20 this factor, "organized gang" has the meaning ascribed to
21 it in Section 10 of the Streetgang Terrorism Omnibus
22 Prevention Act;
23 (16) the defendant committed an offense in
24 violation of one of the following Sections while in a
25 school, regardless of the time of day or time of year; on
26 any conveyance owned, leased, or contracted by a school
27 to transport students to or from school or a school
28 related activity; on the real property of a school; or on
29 a public way within 1,000 feet of the real property
30 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
31 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
32 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
33 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
34 1961;.
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1 (17) the defendant committed the offense by reason
2 of any person's activity as a community policing
3 volunteer or to prevent any person from engaging in
4 activity as a community policing volunteer. For the
5 purpose of this Section, "community policing volunteer"
6 has the meaning ascribed to it in Section 2-3.5 of the
7 Criminal Code of 1961.
8 For the purposes of this Section, "school" is defined as
9 a public or private elementary or secondary school, community
10 college, college, or university.
11 (b) The following factors may be considered by the court
12 as reasons to impose an extended term sentence under Section
13 5-8-2 upon any offender:
14 (1) When a defendant is convicted of any felony,
15 after having been previously convicted in Illinois or any
16 other jurisdiction of the same or similar class felony or
17 greater class felony, when such conviction has occurred
18 within 10 years after the previous conviction, excluding
19 time spent in custody, and such charges are separately
20 brought and tried and arise out of different series of
21 acts; or
22 (2) When a defendant is convicted of any felony and
23 the court finds that the offense was accompanied by
24 exceptionally brutal or heinous behavior indicative of
25 wanton cruelty; or
26 (3) When a defendant is convicted of voluntary
27 manslaughter, second degree murder, involuntary
28 manslaughter or reckless homicide in which the defendant
29 has been convicted of causing the death of more than one
30 individual; or
31 (4) When a defendant is convicted of any felony
32 committed against:
33 (i) a person under 12 years of age at the time
34 of the offense or such person's property;
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1 (ii) a person 60 years of age or older at the
2 time of the offense or such person's property; or
3 (iii) a person physically handicapped at the
4 time of the offense or such person's property; or
5 (5) In the case of a defendant convicted of
6 aggravated criminal sexual assault or criminal sexual
7 assault, when the court finds that aggravated criminal
8 sexual assault or criminal sexual assault was also
9 committed on the same victim by one or more other
10 individuals, and the defendant voluntarily participated
11 in the crime with the knowledge of the participation of
12 the others in the crime, and the commission of the crime
13 was part of a single course of conduct during which there
14 was no substantial change in the nature of the criminal
15 objective; or
16 (6) When a defendant is convicted of any felony and
17 the offense involved any of the following types of
18 specific misconduct committed as part of a ceremony,
19 rite, initiation, observance, performance, practice or
20 activity of any actual or ostensible religious,
21 fraternal, or social group:
22 (i) the brutalizing or torturing of humans or
23 animals;
24 (ii) the theft of human corpses;
25 (iii) the kidnapping of humans;
26 (iv) the desecration of any cemetery,
27 religious, fraternal, business, governmental,
28 educational, or other building or property; or
29 (v) ritualized abuse of a child; or
30 (7) When a defendant is convicted of first degree
31 murder, after having been previously convicted in
32 Illinois of any offense listed under paragraph (c)(2) of
33 Section 5-5-3, when such conviction has occurred within
34 10 years after the previous conviction, excluding time
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1 spent in custody, and such charges are separately brought
2 and tried and arise out of different series of acts; or
3 (8) When a defendant is convicted of a felony other
4 than conspiracy and the court finds that the felony was
5 committed under an agreement with 2 or more other persons
6 to commit that offense and the defendant, with respect to
7 the other individuals, occupied a position of organizer,
8 supervisor, financier, or any other position of
9 management or leadership, and the court further finds
10 that the felony committed was related to or in
11 furtherance of the criminal activities of an organized
12 gang or was motivated by the defendant's leadership in an
13 organized gang; or
14 (9) When a defendant is convicted of a felony
15 violation of Section 24-1 of the Criminal Code of 1961
16 and the court finds that the defendant is a member of an
17 organized gang.
18 (b-1) For the purposes of this Section, "organized gang"
19 has the meaning ascribed to it in Section 10 of the Illinois
20 Streetgang Terrorism Omnibus Prevention Act.
21 (c) The court may impose an extended term sentence under
22 Section 5-8-2 upon any offender who was convicted of
23 aggravated criminal sexual assault where the victim was under
24 18 years of age at the time of the commission of the offense.
25 (Source: P.A. 89-235, eff. 8-4-95; 89-377, eff. 8-18-95;
26 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689 (Sections
27 65 and 115), eff. 12-31-96; 90-14, eff. 7-1-97.)
28 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
29 Sec. 5-8-1. Sentence of Imprisonment for Felony.
30 (a) Except as otherwise provided in the statute defining
31 the offense, a sentence of imprisonment for a felony shall be
32 a determinate sentence set by the court under this Section,
33 according to the following limitations:
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1 (1) for first degree murder,
2 (a) a term shall be not less than 20 years and
3 not more than 60 years, or
4 (b) if the court finds that the murder was
5 accompanied by exceptionally brutal or heinous
6 behavior indicative of wanton cruelty or, except as
7 set forth in subsection (a)(1)(c) of this Section,
8 that any of the aggravating factors listed in
9 subsection (b) of Section 9-1 of the Criminal Code
10 of 1961 are present, the court may sentence the
11 defendant to a term of natural life imprisonment, or
12 (c) the court shall sentence the defendant to
13 a term of natural life imprisonment when the death
14 penalty is not imposed if the defendant,
15 (i) has previously been convicted of
16 first degree murder under any state or federal
17 law, or
18 (ii) is a person who, at the time of the
19 commission of the murder, had attained the age
20 of 17 or more and is found guilty of murdering
21 an individual under 12 years of age; or,
22 irrespective of the defendant's age at the time
23 of the commission of the offense, is found
24 guilty of murdering more than one victim, or
25 (iii) is found guilty of murdering a
26 peace officer or fireman when the peace officer
27 or fireman was killed in the course of
28 performing his official duties, or to prevent
29 the peace officer or fireman from performing
30 his official duties, or in retaliation for the
31 peace officer or fireman performing his
32 official duties, and the defendant knew or
33 should have known that the murdered individual
34 was a peace officer or fireman, or
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1 (iv) is found guilty of murdering an
2 employee of an institution or facility of the
3 Department of Corrections, or any similar local
4 correctional agency, when the employee was
5 killed in the course of performing his official
6 duties, or to prevent the employee from
7 performing his official duties, or in
8 retaliation for the employee performing his
9 official duties, or
10 (v) is found guilty of murdering an
11 emergency medical technician - ambulance,
12 emergency medical technician - intermediate,
13 emergency medical technician - paramedic,
14 ambulance driver or other medical assistance or
15 first aid person while employed by a
16 municipality or other governmental unit when
17 the person was killed in the course of
18 performing official duties or to prevent the
19 person from performing official duties or in
20 retaliation for performing official duties and
21 the defendant knew or should have known that
22 the murdered individual was an emergency
23 medical technician - ambulance, emergency
24 medical technician - intermediate, emergency
25 medical technician - paramedic, ambulance
26 driver, or other medical assistant or first aid
27 personnel, or
28 (vi) is a person who, at the time of the
29 commission of the murder, had not attained the
30 age of 17, and is found guilty of murdering a
31 person under 12 years of age and the murder is
32 committed during the course of aggravated
33 criminal sexual assault, criminal sexual
34 assault, or aggravated kidnaping, or.
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1 (vii) is found guilty of first degree
2 murder and the murder was committed by reason
3 of any person's activity as a community
4 policing volunteer or to prevent any person
5 from engaging in activity as a community
6 policing volunteer. For the purpose of this
7 Section, "community policing volunteer" has the
8 meaning ascribed to it in Section 2-3.5 of the
9 Criminal Code of 1961.
10 For purposes of clause (v), "emergency medical
11 technician - ambulance", "emergency medical
12 technician - intermediate", "emergency medical
13 technician - paramedic", have the meanings ascribed
14 to them in the Emergency Medical Services (EMS)
15 Systems Act.
16 (1.5) for second degree murder, a term shall be not
17 less than 4 years and not more than 20 years;
18 (2) for a person adjudged a habitual criminal under
19 Article 33B of the Criminal Code of 1961, as amended, the
20 sentence shall be a term of natural life imprisonment;
21 (2.5) for a person convicted under the
22 circumstances described in paragraph (3) of subsection
23 (b) of Section 12-13, paragraph (2) of subsection (d) of
24 Section 12-14, or paragraph (2) of subsection (b) of
25 Section 12-14.1 of the Criminal Code of 1961, the
26 sentence shall be a term of natural life imprisonment;
27 (3) except as otherwise provided in the statute
28 defining the offense, for a Class X felony, the sentence
29 shall be not less than 6 years and not more than 30
30 years;
31 (4) for a Class 1 felony, other than second degree
32 murder, the sentence shall be not less than 4 years and
33 not more than 15 years;
34 (5) for a Class 2 felony, the sentence shall be not
-31- LRB9007731RCksam04
1 less than 3 years and not more than 7 years;
2 (6) for a Class 3 felony, the sentence shall be not
3 less than 2 years and not more than 5 years;
4 (7) for a Class 4 felony, the sentence shall be not
5 less than 1 year and not more than 3 years.
6 (b) The sentencing judge in each felony conviction shall
7 set forth his reasons for imposing the particular sentence he
8 enters in the case, as provided in Section 5-4-1 of this
9 Code. Those reasons may include any mitigating or
10 aggravating factors specified in this Code, or the lack of
11 any such circumstances, as well as any other such factors as
12 the judge shall set forth on the record that are consistent
13 with the purposes and principles of sentencing set out in
14 this Code.
15 (c) A motion to reduce a sentence may be made, or the
16 court may reduce a sentence without motion, within 30 days
17 after the sentence is imposed. A defendant's challenge to
18 the correctness of a sentence or to any aspect of the
19 sentencing hearing shall be made by a written motion filed
20 within 30 days following the imposition of sentence.
21 However, the court may not increase a sentence once it is
22 imposed.
23 If a motion filed pursuant to this subsection is timely
24 filed within 30 days after the sentence is imposed, the
25 proponent of the motion shall exercise due diligence in
26 seeking a determination on the motion and the court shall
27 thereafter decide such motion within a reasonable time.
28 If a motion filed pursuant to this subsection is timely
29 filed within 30 days after the sentence is imposed, then for
30 purposes of perfecting an appeal, a final judgment shall not
31 be considered to have been entered until the motion to reduce
32 a sentence has been decided by order entered by the trial
33 court.
34 A motion filed pursuant to this subsection shall not be
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1 considered to have been timely filed unless it is filed with
2 the circuit court clerk within 30 days after the sentence is
3 imposed together with a notice of motion, which notice of
4 motion shall set the motion on the court's calendar on a date
5 certain within a reasonable time after the date of filing.
6 (d) Except where a term of natural life is imposed,
7 every sentence shall include as though written therein a term
8 in addition to the term of imprisonment. For those sentenced
9 under the law in effect prior to February 1, 1978, such term
10 shall be identified as a parole term. For those sentenced on
11 or after February 1, 1978, such term shall be identified as a
12 mandatory supervised release term. Subject to earlier
13 termination under Section 3-3-8, the parole or mandatory
14 supervised release term shall be as follows:
15 (1) for first degree murder or a Class X felony, 3
16 years;
17 (2) for a Class 1 felony or a Class 2 felony, 2
18 years;
19 (3) for a Class 3 felony or a Class 4 felony, 1
20 year.
21 (e) A defendant who has a previous and unexpired
22 sentence of imprisonment imposed by another state or by any
23 district court of the United States and who, after sentence
24 for a crime in Illinois, must return to serve the unexpired
25 prior sentence may have his sentence by the Illinois court
26 ordered to be concurrent with the prior sentence in the other
27 state. The court may order that any time served on the
28 unexpired portion of the sentence in the other state, prior
29 to his return to Illinois, shall be credited on his Illinois
30 sentence. The other state shall be furnished with a copy of
31 the order imposing sentence which shall provide that, when
32 the offender is released from confinement of the other state,
33 whether by parole or by termination of sentence, the offender
34 shall be transferred by the Sheriff of the committing county
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1 to the Illinois Department of Corrections. The court shall
2 cause the Department of Corrections to be notified of such
3 sentence at the time of commitment and to be provided with
4 copies of all records regarding the sentence.
5 (f) A defendant who has a previous and unexpired
6 sentence of imprisonment imposed by an Illinois circuit court
7 for a crime in this State and who is subsequently sentenced
8 to a term of imprisonment by another state or by any district
9 court of the United States and who has served a term of
10 imprisonment imposed by the other state or district court of
11 the United States, and must return to serve the unexpired
12 prior sentence imposed by the Illinois Circuit Court may
13 apply to the court which imposed sentence to have his
14 sentence reduced.
15 The circuit court may order that any time served on the
16 sentence imposed by the other state or district court of the
17 United States be credited on his Illinois sentence. Such
18 application for reduction of a sentence under this
19 subsection (f) shall be made within 30 days after the
20 defendant has completed the sentence imposed by the other
21 state or district court of the United States.
22 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
23 89-462, eff. 5-29-96; 90-396, eff. 1-1-98.)".