[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] |
90_HB3158eng
720 ILCS 5/9-1 from Ch. 38, par. 9-1
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
Amends the Criminal Code of 1961. Provides that it is an
aggravating factor for first degree murder that the murder
was committed as a result of certain streetgang related
criminal activity. Amends the Unified Code of Corrections.
Provides that a prisoner serving a sentence for a forcible
felony when the court has made and entered a finding that the
conduct leading to the conviction of the forcible felony was
streetgang related criminal activity shall receive no more
than 4.5 days of good conduct credit for each month of his or
her sentence of imprisonment. Provides that the penalty for
certain first degree murders that were the result of certain
streetgang related criminal activity, if the death penalty
was not imposed, is a term of imprisonment of not less than
30 years and not more than 80 years.
LRB9010780RCks
HB3158 Engrossed LRB9010780RCks
1 AN ACT in relation to criminal law, amending named Acts.
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, 12-4.1, 20-2, and 26-1 and adding
6 Sections 12-4.2-5 and 24-1.2-5 and Article 20.5 as follows:
7 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
8 Sec. 9-1. First degree Murder - Death penalties -
9 Exceptions - Separate Hearings - Proof - Findings - Appellate
10 procedures - Reversals.
11 (a) A person who kills an individual without lawful
12 justification commits first degree murder if, in performing
13 the acts which cause the death:
14 (1) he either intends to kill or do great bodily
15 harm to that individual or another, or knows that such
16 acts will cause death to that individual or another; or
17 (2) he knows that such acts create a strong
18 probability of death or great bodily harm to that
19 individual or another; or
20 (3) he is attempting or committing a forcible
21 felony other than second degree murder.
22 (b) Aggravating Factors. A defendant who at the time of
23 the commission of the offense has attained the age of 18 or
24 more and who has been found guilty of first degree murder may
25 be sentenced to death if:
26 (1) the murdered individual was a peace officer or
27 fireman killed in the course of performing his official
28 duties, to prevent the performance of his official
29 duties, or in retaliation for performing his official
30 duties, and the defendant knew or should have known that
31 the murdered individual was a peace officer or fireman;
HB3158 Engrossed -2- LRB9010780RCks
1 or
2 (2) the murdered individual was an employee of an
3 institution or facility of the Department of Corrections,
4 or any similar local correctional agency, killed in the
5 course of performing his official duties, to prevent the
6 performance of his official duties, or in retaliation for
7 performing his official duties, or the murdered
8 individual was an inmate at such institution or facility
9 and was killed on the grounds thereof, or the murdered
10 individual was otherwise present in such institution or
11 facility with the knowledge and approval of the chief
12 administrative officer thereof; or
13 (3) the defendant has been convicted of murdering
14 two or more individuals under subsection (a) of this
15 Section or under any law of the United States or of any
16 state which is substantially similar to subsection (a) of
17 this Section regardless of whether the deaths occurred
18 as the result of the same act or of several related or
19 unrelated acts so long as the deaths were the result of
20 either an intent to kill more than one person or of
21 separate acts which the defendant knew would cause death
22 or create a strong probability of death or great bodily
23 harm to the murdered individual or another; or
24 (4) the murdered individual was killed as a result
25 of the hijacking of an airplane, train, ship, bus or
26 other public conveyance; or
27 (5) the defendant committed the murder pursuant to
28 a contract, agreement or understanding by which he was to
29 receive money or anything of value in return for
30 committing the murder or procured another to commit the
31 murder for money or anything of value; or
32 (6) the murdered individual was killed in the
33 course of another felony if:
34 (a) the murdered individual:
HB3158 Engrossed -3- LRB9010780RCks
1 (i) was actually killed by the defendant,
2 or
3 (ii) received physical injuries
4 personally inflicted by the defendant
5 substantially contemporaneously with physical
6 injuries caused by one or more persons for
7 whose conduct the defendant is legally
8 accountable under Section 5-2 of this Code, and
9 the physical injuries inflicted by either the
10 defendant or the other person or persons for
11 whose conduct he is legally accountable caused
12 the death of the murdered individual; and
13 (b) in performing the acts which caused the
14 death of the murdered individual or which resulted
15 in physical injuries personally inflicted by the
16 defendant on the murdered individual under the
17 circumstances of subdivision (ii) of subparagraph
18 (a) of paragraph (6) of subsection (b) of this
19 Section, the defendant acted with the intent to kill
20 the murdered individual or with the knowledge that
21 his acts created a strong probability of death or
22 great bodily harm to the murdered individual or
23 another; and
24 (c) the other felony was one of the following:
25 armed robbery, armed violence, robbery, predatory
26 criminal sexual assault of a child, aggravated
27 criminal sexual assault, aggravated kidnapping,
28 aggravated vehicular hijacking, forcible detention,
29 arson, aggravated arson, aggravated stalking,
30 burglary, residential burglary, home invasion,
31 calculated criminal drug conspiracy as defined in
32 Section 405 of the Illinois Controlled Substances
33 Act, streetgang criminal drug conspiracy as defined
34 in Section 405.2 of the Illinois Controlled
HB3158 Engrossed -4- LRB9010780RCks
1 Substances Act, or the attempt to commit any of the
2 felonies listed in this subsection (c); or
3 (7) the murdered individual was under 12 years of
4 age and the death resulted from exceptionally brutal or
5 heinous behavior indicative of wanton cruelty; or
6 (8) the defendant committed the murder with intent
7 to prevent the murdered individual from testifying in any
8 criminal prosecution or giving material assistance to the
9 State in any investigation or prosecution, either against
10 the defendant or another; or the defendant committed the
11 murder because the murdered individual was a witness in
12 any prosecution or gave material assistance to the State
13 in any investigation or prosecution, either against the
14 defendant or another; or
15 (9) the defendant, while committing an offense
16 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
17 407 or 407.1 or subsection (b) of Section 404 of the
18 Illinois Controlled Substances Act, or while engaged in a
19 conspiracy or solicitation to commit such offense,
20 intentionally killed an individual or counseled,
21 commanded, induced, procured or caused the intentional
22 killing of the murdered individual; or
23 (10) the defendant was incarcerated in an
24 institution or facility of the Department of Corrections
25 at the time of the murder, and while committing an
26 offense punishable as a felony under Illinois law, or
27 while engaged in a conspiracy or solicitation to commit
28 such offense, intentionally killed an individual or
29 counseled, commanded, induced, procured or caused the
30 intentional killing of the murdered individual; or
31 (11) the murder was committed in a cold, calculated
32 and premeditated manner pursuant to a preconceived plan,
33 scheme or design to take a human life by unlawful means,
34 and the conduct of the defendant created a reasonable
HB3158 Engrossed -5- LRB9010780RCks
1 expectation that the death of a human being would result
2 therefrom; or
3 (12) the murdered individual was an emergency
4 medical technician - ambulance, emergency medical
5 technician - intermediate, emergency medical technician -
6 paramedic, ambulance driver, or other medical assistance
7 or first aid personnel, employed by a municipality or
8 other governmental unit, killed in the course of
9 performing his official duties, to prevent the
10 performance of his official duties, or in retaliation for
11 performing his official duties, and the defendant knew or
12 should have known that the murdered individual was an
13 emergency medical technician - ambulance, emergency
14 medical technician - intermediate, emergency medical
15 technician - paramedic, ambulance driver, or other
16 medical assistance or first aid personnel; or
17 (13) the defendant was a principal administrator,
18 organizer, or leader of a calculated criminal drug
19 conspiracy consisting of a hierarchical position of
20 authority superior to that of all other members of the
21 conspiracy, and the defendant counseled, commanded,
22 induced, procured, or caused the intentional killing of
23 the murdered person; or
24 (14) the murder was intentional and involved the
25 infliction of torture. For the purpose of this Section
26 torture means the infliction of or subjection to extreme
27 physical pain, motivated by an intent to increase or
28 prolong the pain, suffering or agony of the victim; or
29 (15) the murder was committed as a result of the
30 intentional discharge of a firearm by the defendant from
31 a motor vehicle and the victim was not present within the
32 motor vehicle; or
33 (16) the murdered individual was 60 years of age or
34 older and the death resulted from exceptionally brutal or
HB3158 Engrossed -6- LRB9010780RCks
1 heinous behavior indicative of wanton cruelty; or
2 (17) the murdered individual was a disabled person
3 and the defendant knew or should have known that the
4 murdered individual was disabled. For purposes of this
5 paragraph (17), "disabled person" means a person who
6 suffers from a permanent physical or mental impairment
7 resulting from disease, an injury, a functional disorder,
8 or a congenital condition that renders the person
9 incapable of adequately providing for his or her own
10 health or personal care; or
11 (18) the murdered individual was killed as the
12 result of the intentional explosion of a bomb or other
13 explosive device or as the result of the intentional
14 igniting of any incendiary device or flammable substance;
15 or
16 (19) the murdered individual was killed as the
17 result of the intentional release of poisonous or noxious
18 gas other than a non-lethal noxious liquid gas designed
19 solely for personal defense; or
20 (20) the murdered individual was killed as the
21 result of the intentional discharge of a machine gun as
22 defined in clause (i) of paragraph (7) of subsection (a)
23 of Section 24-1 of this Code; or
24 (21) the murdered individual was killed as the
25 result of the intentional discharge of a firearm that, at
26 the time of the discharge, was equipped with any device
27 or attachment designed or used for silencing the report
28 of the firearm; or
29 (22) the murdered individual was killed as the
30 result of the intentional release of any deadly
31 biological or chemical contaminant or agent or the
32 intentional exposure of any person to a radioactive
33 substance; or.
34 (23) the murder was committed as a result of
HB3158 Engrossed -7- LRB9010780RCks
1 streetgang related criminal activity with the intent:
2 (A) to increase the gang's size, membership,
3 prestige, dominance, or control in any geographical
4 area, or
5 (B) to exact revenge or retribution for any
6 gang or member of the gang, or
7 (C) to obstruct justice or intimidate or
8 eliminate any witness against the gang or any member
9 of the gang, or
10 (D) to directly or indirectly cause any
11 benefit, aggrandizement, gain, profit, or other
12 advantage to or for the gang, its reputation,
13 influence, or membership.
14 For the purpose of this Section, "streetgang" or "gang"
15 has the meaning ascribed to it by Section 10 of the Illinois
16 Streetgang Terrorism Omnibus Prevention Act.
17 (c) Consideration of factors in Aggravation and
18 Mitigation.
19 The court shall consider, or shall instruct the jury to
20 consider any aggravating and any mitigating factors which are
21 relevant to the imposition of the death penalty. Aggravating
22 factors may include but need not be limited to those factors
23 set forth in subsection (b). Mitigating factors may include
24 but need not be limited to the following:
25 (1) the defendant has no significant history of
26 prior criminal activity;
27 (2) the murder was committed while the defendant
28 was under the influence of extreme mental or emotional
29 disturbance, although not such as to constitute a defense
30 to prosecution;
31 (3) the murdered individual was a participant in
32 the defendant's homicidal conduct or consented to the
33 homicidal act;
34 (4) the defendant acted under the compulsion of
HB3158 Engrossed -8- LRB9010780RCks
1 threat or menace of the imminent infliction of death or
2 great bodily harm;
3 (5) the defendant was not personally present during
4 commission of the act or acts causing death.
5 (d) Separate sentencing hearing.
6 Where requested by the State, the court shall conduct a
7 separate sentencing proceeding to determine the existence of
8 factors set forth in subsection (b) and to consider any
9 aggravating or mitigating factors as indicated in subsection
10 (c). The proceeding shall be conducted:
11 (1) before the jury that determined the defendant's
12 guilt; or
13 (2) before a jury impanelled for the purpose of the
14 proceeding if:
15 A. the defendant was convicted upon a plea of
16 guilty; or
17 B. the defendant was convicted after a trial
18 before the court sitting without a jury; or
19 C. the court for good cause shown discharges
20 the jury that determined the defendant's guilt; or
21 (3) before the court alone if the defendant waives
22 a jury for the separate proceeding.
23 (e) Evidence and Argument.
24 During the proceeding any information relevant to any of
25 the factors set forth in subsection (b) may be presented by
26 either the State or the defendant under the rules governing
27 the admission of evidence at criminal trials. Any
28 information relevant to any additional aggravating factors or
29 any mitigating factors indicated in subsection (c) may be
30 presented by the State or defendant regardless of its
31 admissibility under the rules governing the admission of
32 evidence at criminal trials. The State and the defendant
33 shall be given fair opportunity to rebut any information
34 received at the hearing.
HB3158 Engrossed -9- LRB9010780RCks
1 (f) Proof.
2 The burden of proof of establishing the existence of any
3 of the factors set forth in subsection (b) is on the State
4 and shall not be satisfied unless established beyond a
5 reasonable doubt.
6 (g) Procedure - Jury.
7 If at the separate sentencing proceeding the jury finds
8 that none of the factors set forth in subsection (b) exists,
9 the court shall sentence the defendant to a term of
10 imprisonment under Chapter V of the Unified Code of
11 Corrections. If there is a unanimous finding by the jury
12 that one or more of the factors set forth in subsection (b)
13 exist, the jury shall consider aggravating and mitigating
14 factors as instructed by the court and shall determine
15 whether the sentence of death shall be imposed. If the jury
16 determines unanimously that there are no mitigating factors
17 sufficient to preclude the imposition of the death sentence,
18 the court shall sentence the defendant to death.
19 Unless the jury unanimously finds that there are no
20 mitigating factors sufficient to preclude the imposition of
21 the death sentence the court shall sentence the defendant to
22 a term of imprisonment under Chapter V of the Unified Code of
23 Corrections.
24 (h) Procedure - No Jury.
25 In a proceeding before the court alone, if the court
26 finds that none of the factors found in subsection (b)
27 exists, the court shall sentence the defendant to a term of
28 imprisonment under Chapter V of the Unified Code of
29 Corrections.
30 If the Court determines that one or more of the factors
31 set forth in subsection (b) exists, the Court shall consider
32 any aggravating and mitigating factors as indicated in
33 subsection (c). If the Court determines that there are no
34 mitigating factors sufficient to preclude the imposition of
HB3158 Engrossed -10- LRB9010780RCks
1 the death sentence, the Court shall sentence the defendant to
2 death.
3 Unless the court finds that there are no mitigating
4 factors sufficient to preclude the imposition of the sentence
5 of death, the court shall sentence the defendant to a term of
6 imprisonment under Chapter V of the Unified Code of
7 Corrections.
8 (i) Appellate Procedure.
9 The conviction and sentence of death shall be subject to
10 automatic review by the Supreme Court. Such review shall be
11 in accordance with rules promulgated by the Supreme Court.
12 (j) Disposition of reversed death sentence.
13 In the event that the death penalty in this Act is held
14 to be unconstitutional by the Supreme Court of the United
15 States or of the State of Illinois, any person convicted of
16 first degree murder shall be sentenced by the court to a term
17 of imprisonment under Chapter V of the Unified Code of
18 Corrections.
19 In the event that any death sentence pursuant to the
20 sentencing provisions of this Section is declared
21 unconstitutional by the Supreme Court of the United States or
22 of the State of Illinois, the court having jurisdiction over
23 a person previously sentenced to death shall cause the
24 defendant to be brought before the court, and the court shall
25 sentence the defendant to a term of imprisonment under
26 Chapter V of the Unified Code of Corrections.
27 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
28 89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
29 1-1-98.)
30 (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
31 Sec. 12-4.1. Heinous Battery.
32 (a) A person who, in committing a battery, knowingly
33 causes severe and permanent disability, great bodily harm or
HB3158 Engrossed -11- LRB9010780RCks
1 disfigurement by means of a caustic or flammable substance, a
2 poisonous or noxious gas other than a non-lethal noxious
3 liquid gas designed solely for personal defense, a deadly
4 biological or chemical contaminant or agent, a radioactive
5 substance, or a bomb or explosive compound commits heinous
6 battery.
7 (b) Sentence. Heinous battery is a Class X felony for
8 which a person shall be sentenced to a term of imprisonment
9 of no less than 6 years and no more than 45 years.
10 (Source: P.A. 88-285.)
11 (720 ILCS 5/12-4.2-5 new)
12 Sec. 12-4.2-5. Aggravated battery with a machine gun or
13 a firearm equipped with any device or attachment designed or
14 used for silencing the report of a firearm.
15 (a) A person commits aggravated battery with a machine
16 gun or a firearm equipped with a device designed or used for
17 silencing the report of a firearm when he or she, in
18 committing a battery, knowingly or intentionally by means of
19 the discharging of a machine gun or a firearm equipped with a
20 device designed or used for silencing the report of a firearm
21 (1) causes any injury to another person, or (2) causes any
22 injury to a person he or she knows to be a peace officer, a
23 person summoned by a peace officer, a correctional
24 institution employee or a fireman while the officer,
25 employee or fireman is engaged in the execution of any of his
26 or her official duties, or to prevent the officer, employee
27 or fireman from performing his or her official duties, or in
28 retaliation for the officer, employee or fireman performing
29 his or her official duties, or (3) causes any injury to a
30 person he or she knows to be an emergency medical technician
31 - ambulance, emergency medical technician - intermediate,
32 emergency medical technician - paramedic, ambulance driver,
33 or other medical assistance or first aid personnel, employed
HB3158 Engrossed -12- LRB9010780RCks
1 by a municipality or other governmental unit, while the
2 emergency medical technician - ambulance, emergency medical
3 technician - intermediate, emergency medical technician -
4 paramedic, ambulance driver, or other medical assistance or
5 first aid personnel is engaged in the execution of any of his
6 or her official duties, or to prevent the emergency medical
7 technician - ambulance, emergency medical technician -
8 intermediate, emergency medical technician - paramedic,
9 ambulance driver, or other medical assistance or first aid
10 personnel from performing his or her official duties, or in
11 retaliation for the emergency medical technician - ambulance,
12 emergency medical technician - intermediate, emergency
13 medical technician - paramedic, ambulance driver, or other
14 medical assistance or first aid personnel performing his or
15 her official duties.
16 (b) A violation of subsection (a) (1) of this Section is
17 a Class X felony for which the person shall be sentenced to a
18 term of imprisonment of no less than 12 years and no more
19 than 45 years. A violation of subsection (a) (2) or
20 subsection (a) (3) of this Section is a Class X felony for
21 which the sentence shall be a term of imprisonment of no less
22 than 20 years and no more than 60 years.
23 (c) For purposes of this Section, "firearm" is defined
24 as in the Firearm Owners Identification Card Act.
25 (d) For purposes of this Section, "machine gun" has the
26 meaning ascribed to it in clause (i) of paragraph (7) of
27 subsection (a) of Section 24-1 of this Code.
28 (720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
29 Sec. 20-2. Possession of explosives or explosive or
30 incendiary devices. (a) A person commits the offense of
31 possession of explosives or explosive or incendiary devices
32 in violation of this Section when he possesses, manufactures
33 or transports any explosive compound, timing or detonating
HB3158 Engrossed -13- LRB9010780RCks
1 device for use with any explosive compound or incendiary
2 device and either intends to use such explosive or device to
3 commit any offense or knows that another intends to use such
4 explosive or device to commit a felony.
5 (b) Sentence.
6 Possession of explosives or explosive or incendiary
7 devices in violation of this Section is a Class 1 2 felony
8 for which a person, if sentenced to a term of imprisonment,
9 shall be sentenced to not less than 4 years and not more than
10 30 years.
11 (Source: P.A. 84-1308.)
12 (720 ILCS 5/Art. 20.5 heading new)
13 ARTICLE 20.5. DEADLY SUBSTANCES
14 (720 ILCS 5/20.5-5 new)
15 Sec. 20.5-5. Possession of a deadly substance.
16 (a) A person commits the offense of possession of a
17 deadly substance when he or she possesses, manufactures or
18 transports any poisonous or noxious gas other than a
19 non-lethal noxious liquid gas designed solely for personal
20 defense, deadly biological or chemical contaminant or agent,
21 or radioactive substance either with the intent to use such
22 gas, biological or chemical contaminant or agent, or
23 radioactive substance to commit any offense or with the
24 knowledge that another person intends to use such gas,
25 biological or chemical contaminant or agent, or radioactive
26 substance to commit a felony.
27 (b) Sentence. Possession of a deadly substance is a
28 Class 1 felony for which a person, if sentenced to a term of
29 imprisonment, shall be sentenced to a term of not less than 4
30 years and not more than 30 years.
31 (720 ILCS 5/24-1.2-5 new)
HB3158 Engrossed -14- LRB9010780RCks
1 Sec. 24-1.2-5. Aggravated discharge of a machine gun or
2 a firearm equipped with a device designed or used for
3 silencing the report of a firearm.
4 (a) A person commits aggravated discharge of a machine
5 gun or a firearm equipped with a device designed or used for
6 silencing the report of a firearm when he or she knowingly or
7 intentionally:
8 (1) Discharges a machine gun or a firearm equipped
9 with a device designed or used for silencing the report
10 of a firearm at or into a building he or she knows to be
11 occupied and the machine gun or the firearm equipped with
12 a device designed or used for silencing the report of a
13 firearm is discharged from a place or position outside
14 that building;
15 (2) Discharges a machine gun or a firearm equipped
16 with a device designed or used for silencing the report
17 of a firearm in the direction of another person or in the
18 direction of a vehicle he or she knows to be occupied;
19 (3) Discharges a machine gun or a firearm equipped
20 with a device designed or used for silencing the report
21 of a firearm in the direction of a person he or she knows
22 to be a peace officer, a person summoned or directed by a
23 peace officer, a correctional institution employee, or a
24 fireman while the officer, employee or fireman is engaged
25 in the execution of any of his or her official duties, or
26 to prevent the officer, employee or fireman from
27 performing his or her official duties, or in retaliation
28 for the officer, employee or fireman performing his or
29 her official duties;
30 (4) Discharges a machine gun or a firearm equipped
31 with a device designed or used for silencing the report
32 of a firearm in the direction of a vehicle he or she
33 knows to be occupied by a peace officer, a person
34 summoned or directed by a peace officer, a correctional
HB3158 Engrossed -15- LRB9010780RCks
1 institution employee or a fireman while the officer,
2 employee or fireman is engaged in the execution of any of
3 his or her official duties, or to prevent the officer,
4 employee or fireman from performing his or her official
5 duties, or in retaliation for the officer, employee or
6 fireman performing his or her official duties;
7 (5) Discharges a machine gun or a firearm equipped
8 with a device designed or used for silencing the report
9 of a firearm in the direction of a person he or she knows
10 to be an emergency medical technician - ambulance,
11 emergency medical technician - intermediate, emergency
12 medical technician - paramedic, ambulance driver, or
13 other medical assistance or first aid personnel, employed
14 by a municipality or other governmental unit, while the
15 emergency medical technician - ambulance, emergency
16 medical technician - intermediate, emergency medical
17 technician - paramedic, ambulance driver, or other
18 medical assistance or first aid personnel is engaged in
19 the execution of any of his or her official duties, or to
20 prevent the emergency medical technician - ambulance,
21 emergency medical technician - intermediate, emergency
22 medical technician - paramedic, ambulance driver, or
23 other medical assistance or first aid personnel from
24 performing his or her official duties, or in retaliation
25 for the emergency medical technician - ambulance,
26 emergency medical technician - intermediate, emergency
27 medical technician - paramedic, ambulance driver, or
28 other medical assistance or first aid personnel
29 performing his or her official duties; or
30 (6) Discharges a machine gun or a firearm equipped
31 with a device designed or used for silencing the report
32 of a firearm in the direction of a vehicle he or she
33 knows to be occupied by an emergency medical technician -
34 ambulance, emergency medical technician - intermediate,
HB3158 Engrossed -16- LRB9010780RCks
1 emergency medical technician - paramedic, ambulance
2 driver, or other medical assistance or first aid
3 personnel, employed by a municipality or other
4 governmental unit, while the emergency medical technician
5 - ambulance, emergency medical technician - intermediate,
6 emergency medical technician - paramedic, ambulance
7 driver, or other medical assistance or first aid
8 personnel is engaged in the execution of any of his or
9 her official duties, or to prevent the emergency medical
10 technician - ambulance, emergency medical technician -
11 intermediate, emergency medical technician - paramedic,
12 ambulance driver, or other medical assistance or first
13 aid personnel from performing his or her official duties,
14 or in retaliation for the emergency medical technician -
15 ambulance, emergency medical technician - intermediate,
16 emergency medical technician - paramedic, ambulance
17 driver, or other medical assistance or first aid
18 personnel performing his or her official duties.
19 (b) A violation of subsection (a) (1) or subsection
20 (a) (2) of this Section is a Class X felony. A violation of
21 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
22 Section is a Class X felony for which the sentence shall be a
23 term of imprisonment of no less than 12 years and no more
24 than 50 years.
25 (c) For the purpose of this Section, "machine gun" has
26 the meaning ascribed to it in clause (i) of paragraph (7) of
27 subsection (a) of Section 24-1 of this Code.
28 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
29 Sec. 26-1. Elements of the Offense.
30 (a) A person commits disorderly conduct when he
31 knowingly:
32 (1) Does any act in such unreasonable manner as to
33 alarm or disturb another and to provoke a breach of the
HB3158 Engrossed -17- LRB9010780RCks
1 peace; or
2 (2) Transmits or causes to be transmitted in any
3 manner to the fire department of any city, town, village
4 or fire protection district a false alarm of fire,
5 knowing at the time of such transmission that there is no
6 reasonable ground for believing that such fire exists; or
7 (3) Transmits or causes to be transmitted in any
8 manner to another a false alarm to the effect that a bomb
9 or other explosive of any nature is concealed in such
10 place that its explosion would endanger human life,
11 knowing at the time of such transmission that there is no
12 reasonable ground for believing that such bomb or
13 explosive is concealed in such place; or
14 (4) Transmits or causes to be transmitted in any
15 manner to any peace officer, public officer or public
16 employee a report to the effect that an offense will be
17 committed, is being committed, or has been committed,
18 knowing at the time of such transmission that there is no
19 reasonable ground for believing that such an offense will
20 be committed, is being committed, or has been committed;
21 or
22 (5) Enters upon the property of another and for a
23 lewd or unlawful purpose deliberately looks into a
24 dwelling on the property through any window or other
25 opening in it; or
26 (6) While acting as a collection agency as defined
27 in the "Collection Agency Act" or as an employee of such
28 collection agency, and while attempting to collect an
29 alleged debt, makes a telephone call to the alleged
30 debtor which is designed to harass, annoy or intimidate
31 the alleged debtor; or
32 (7) Transmits or causes to be transmitted a false
33 report to the Department of Children and Family Services
34 under Section 4 of the "Abused and Neglected Child
HB3158 Engrossed -18- LRB9010780RCks
1 Reporting Act"; or
2 (8) Transmits or causes to be transmitted a false
3 report to the Department of Public Health under the
4 Nursing Home Care Act; or
5 (9) Transmits or causes to be transmitted in any
6 manner to the police department or fire department of any
7 municipality or fire protection district, or any
8 privately owned and operated ambulance service, a false
9 request for an ambulance, emergency medical
10 technician-ambulance or emergency medical
11 technician-paramedic knowing at the time there is no
12 reasonable ground for believing that such assistance is
13 required; or
14 (10) Transmits or causes to be transmitted a false
15 report under Article II of "An Act in relation to victims
16 of violence and abuse", approved September 16, 1984, as
17 amended; or
18 (11) Transmits or causes to be transmitted a false
19 report to any public safety agency without the reasonable
20 grounds necessary to believe that transmitting such a
21 report is necessary for the safety and welfare of the
22 public; or
23 (12) Calls the number "911" for the purpose of
24 making or transmitting a false alarm or complaint and
25 reporting information when, at the time the call or
26 transmission is made, the person knows there is no
27 reasonable ground for making the call or transmission and
28 further knows that the call or transmission could result
29 in the emergency response of any public safety agency.
30 (b) Sentence.
31 (1) A violation of subsection (a) (1) of this Section is
32 a Class C misdemeanor. A violation of subsection (a) (7),
33 (a)(11), or (a)(12) of this Section is a Class A misdemeanor.
34 A violation of subsection (a) (5), (a) (8) or (a) (10) of
HB3158 Engrossed -19- LRB9010780RCks
1 this Section is a Class B misdemeanor. A violation of
2 subsection (a) (2), (a) (3), (a)(4), or (a)(9) of this
3 Section is a Class 4 felony. A violation of subsection (a)(3)
4 of this Section is a Class 3 felony, for which a fine of not
5 less than $3,000 and no more than $10,000 shall be assessed
6 in addition to any other penalty imposed.
7 A violation of subsection (a) (6) of this Section is a
8 Business Offense and shall be punished by a fine not to
9 exceed $3,000. A second or subsequent violation of subsection
10 (a) (7), (a)(11), or (a)(12) of this Section is a Class 4
11 felony.
12 (c) In addition to any other sentence that may be
13 imposed, a court shall order any person convicted of
14 disorderly conduct to perform community service for not less
15 than 30 and not more than 120 hours, if community service is
16 available in the jurisdiction and is funded and approved by
17 the county board of the county where the offense was
18 committed. In addition, whenever any person is placed on
19 supervision for an alleged offense under this Section, the
20 supervision shall be conditioned upon the performance of the
21 community service.
22 This subsection does not apply when the court imposes a
23 sentence of incarceration.
24 (Source: P.A. 89-8, eff. 3-21-95; 90-456, eff. 1-1-98.)
25 Section 10. The Unified Code of Corrections is amended
26 by changing Sections 3-6-3 and 5-8-1 as follows:
27 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
28 Sec. 3-6-3. Rules and Regulations for Early Release.
29 (a)(1) The Department of Corrections shall prescribe
30 rules and regulations for the early release on account of
31 good conduct of persons committed to the Department which
32 shall be subject to review by the Prisoner Review Board.
HB3158 Engrossed -20- LRB9010780RCks
1 (2) The rules and regulations on early release
2 shall provide, with respect to offenses committed on or
3 after the effective date of this amendatory Act of 1995,
4 the following:
5 (i) that a prisoner who is serving a term of
6 imprisonment for first degree murder shall receive
7 no good conduct credit and shall serve the entire
8 sentence imposed by the court;
9 (ii) that a prisoner serving a sentence for
10 attempt to commit first degree murder, solicitation
11 of murder, solicitation of murder for hire,
12 intentional homicide of an unborn child, predatory
13 criminal sexual assault of a child, aggravated
14 criminal sexual assault, criminal sexual assault,
15 aggravated kidnapping, aggravated battery with a
16 firearm, heinous battery, aggravated battery of a
17 senior citizen, or aggravated battery of a child
18 shall receive no more than 4.5 days of good conduct
19 credit for each month of his or her sentence of
20 imprisonment; and
21 (iii) that a prisoner serving a sentence for
22 home invasion, armed robbery, aggravated vehicular
23 hijacking, aggravated discharge of a firearm, or
24 armed violence with a category I weapon or category
25 II weapon, when the court has made and entered a
26 finding, pursuant to subsection (c-1) of Section
27 5-4-1 of this Code, that the conduct leading to
28 conviction for the enumerated offense resulted in
29 great bodily harm to a victim, shall receive no more
30 than 4.5 days of good conduct credit for each month
31 of his or her sentence of imprisonment.
32 (2.1) For all offenses, other than those enumerated
33 in subdivision (a)(2) committed on or after the effective
34 date of this amendatory Act of 1995, the rules and
HB3158 Engrossed -21- LRB9010780RCks
1 regulations shall provide that a prisoner who is serving
2 a term of imprisonment shall receive one day of good
3 conduct credit for each day of his or her sentence of
4 imprisonment or recommitment under Section 3-3-9. Each
5 day of good conduct credit shall reduce by one day the
6 prisoner's period of imprisonment or recommitment under
7 Section 3-3-9.
8 (2.2) A prisoner serving a term of natural life
9 imprisonment or a prisoner who has been sentenced to
10 death shall receive no good conduct credit.
11 (2.3) The rules and regulations on early release
12 shall provide with respect to the offenses of aggravated
13 battery with a machine gun or a firearm equipped with any
14 device or attachment designed or used for silencing the
15 report of a firearm or aggravated discharge of a machine
16 gun or a firearm equipped with any device or attachment
17 designed or used for silencing the report of a firearm,
18 committed on or after the effective date of this
19 amendatory Act of 1998, that a prisoner serving a
20 sentence for any of these offenses shall receive no more
21 than 4.5 days of good conduct credit for each month of
22 his or her sentence of imprisonment.
23 (3) The rules and regulations shall also provide
24 that the Director may award up to 180 days additional
25 good conduct credit for meritorious service in specific
26 instances as the Director deems proper; except that no
27 more than 90 days of good conduct credit for meritorious
28 service shall be awarded to any prisoner who is serving a
29 sentence for conviction of first degree murder, reckless
30 homicide while under the influence of alcohol or any
31 other drug, aggravated kidnapping, kidnapping, predatory
32 criminal sexual assault of a child, aggravated criminal
33 sexual assault, criminal sexual assault, deviate sexual
34 assault, aggravated criminal sexual abuse, aggravated
HB3158 Engrossed -22- LRB9010780RCks
1 indecent liberties with a child, indecent liberties with
2 a child, child pornography, heinous battery, aggravated
3 battery of a spouse, aggravated battery of a spouse with
4 a firearm, stalking, aggravated stalking, aggravated
5 battery of a child, endangering the life or health of a
6 child, cruelty to a child, or narcotic racketeering.
7 Notwithstanding the foregoing, good conduct credit for
8 meritorious service shall not be awarded on a sentence of
9 imprisonment imposed for conviction of one of the
10 offenses enumerated in subdivision (a)(2) when the
11 offense is committed on or after the effective date of
12 this amendatory Act of 1995 or for conviction of one of
13 the offenses enumerated in subdivision (a)(2.3) when the
14 offense is committed on or after the effective date of
15 this amendatory Act of 1998.
16 (4) The rules and regulations shall also provide
17 that the good conduct credit accumulated and retained
18 under paragraph (2.1) of subsection (a) of this Section
19 by any inmate during specific periods of time in which
20 such inmate is engaged full-time in substance abuse
21 programs, correctional industry assignments, or
22 educational programs provided by the Department under
23 this paragraph (4) and satisfactorily completes the
24 assigned program as determined by the standards of the
25 Department, shall be multiplied by a factor of 1.25 for
26 program participation before the effective date of this
27 amendatory Act of 1993 and 1.50 for program participation
28 on or after that date. However, no inmate shall be
29 eligible for the additional good conduct credit under
30 this paragraph (4) while assigned to a boot camp, mental
31 health unit, or electronic detention, or if convicted of
32 an offense enumerated in paragraph (a)(2) of this Section
33 that is committed on or after the effective date of this
34 amendatory Act of 1995, or if convicted of an offense
HB3158 Engrossed -23- LRB9010780RCks
1 enumerated in paragraph (a)(2.3) of this Section that is
2 committed on or after the effective date of this
3 amendatory Act of 1998, or first degree murder, a Class X
4 felony, criminal sexual assault, felony criminal sexual
5 abuse, aggravated criminal sexual abuse, aggravated
6 battery with a firearm, or any predecessor or successor
7 offenses with the same or substantially the same
8 elements, or any inchoate offenses relating to the
9 foregoing offenses. No inmate shall be eligible for the
10 additional good conduct credit under this paragraph (4)
11 who (i) has previously received increased good conduct
12 credit under this paragraph (4) and has subsequently been
13 convicted of a felony, or (ii) has previously served more
14 than one prior sentence of imprisonment for a felony in
15 an adult correctional facility.
16 Educational, vocational, substance abuse and
17 correctional industry programs under which good conduct
18 credit may be increased under this paragraph (4) shall be
19 evaluated by the Department on the basis of documented
20 standards. The Department shall report the results of
21 these evaluations to the Governor and the General
22 Assembly by September 30th of each year. The reports
23 shall include data relating to the recidivism rate among
24 program participants.
25 Availability of these programs shall be subject to
26 the limits of fiscal resources appropriated by the
27 General Assembly for these purposes. Eligible inmates
28 who are denied immediate admission shall be placed on a
29 waiting list under criteria established by the
30 Department. The inability of any inmate to become engaged
31 in any such programs by reason of insufficient program
32 resources or for any other reason established under the
33 rules and regulations of the Department shall not be
34 deemed a cause of action under which the Department or
HB3158 Engrossed -24- LRB9010780RCks
1 any employee or agent of the Department shall be liable
2 for damages to the inmate.
3 (5) Whenever the Department is to release any
4 inmate earlier than it otherwise would because of a grant
5 of good conduct credit for meritorious service given at
6 any time during the term, the Department shall give
7 reasonable advance notice of the impending release to the
8 State's Attorney of the county where the prosecution of
9 the inmate took place.
10 (b) Whenever a person is or has been committed under
11 several convictions, with separate sentences, the sentences
12 shall be construed under Section 5-8-4 in granting and
13 forfeiting of good time.
14 (c) The Department shall prescribe rules and regulations
15 for revoking good conduct credit, or suspending or reducing
16 the rate of accumulation of good conduct credit for specific
17 rule violations, during imprisonment. These rules and
18 regulations shall provide that no inmate may be penalized
19 more than one year of good conduct credit for any one
20 infraction.
21 When the Department seeks to revoke, suspend or reduce
22 the rate of accumulation of any good conduct credits for an
23 alleged infraction of its rules, it shall bring charges
24 therefor against the prisoner sought to be so deprived of
25 good conduct credits before the Prisoner Review Board as
26 provided in subparagraph (a)(4) of Section 3-3-2 of this
27 Code, if the amount of credit at issue exceeds 30 days or
28 when during any 12 month period, the cumulative amount of
29 credit revoked exceeds 30 days except where the infraction is
30 committed or discovered within 60 days of scheduled release.
31 In those cases, the Department of Corrections may revoke up
32 to 30 days of good conduct credit. The Board may subsequently
33 approve the revocation of additional good conduct credit, if
34 the Department seeks to revoke good conduct credit in excess
HB3158 Engrossed -25- LRB9010780RCks
1 of 30 days. However, the Board shall not be empowered to
2 review the Department's decision with respect to the loss of
3 30 days of good conduct credit within any calendar year for
4 any prisoner or to increase any penalty beyond the length
5 requested by the Department.
6 The Director of the Department of Corrections, in
7 appropriate cases, may restore up to 30 days good conduct
8 credits which have been revoked, suspended or reduced. Any
9 restoration of good conduct credits in excess of 30 days
10 shall be subject to review by the Prisoner Review Board.
11 However, the Board may not restore good conduct credit in
12 excess of the amount requested by the Director.
13 Nothing contained in this Section shall prohibit the
14 Prisoner Review Board from ordering, pursuant to Section
15 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
16 the sentence imposed by the court that was not served due to
17 the accumulation of good conduct credit.
18 (d) If a lawsuit is filed by a prisoner in an Illinois
19 or federal court against the State, the Department of
20 Corrections, or the Prisoner Review Board, or against any of
21 their officers or employees, and the court makes a specific
22 finding that a pleading, motion, or other paper filed by the
23 prisoner is frivolous, the Department of Corrections shall
24 conduct a hearing to revoke up to 180 days of good conduct
25 credit by bringing charges against the prisoner sought to be
26 deprived of the good conduct credits before the Prisoner
27 Review Board as provided in subparagraph (a)(8) of Section
28 3-3-2 of this Code. If the prisoner has not accumulated 180
29 days of good conduct credit at the time of the finding, then
30 the Prisoner Review Board may revoke all good conduct credit
31 accumulated by the prisoner.
32 For purposes of this subsection (d):
33 (1) "Frivolous" means that a pleading, motion, or
34 other filing which purports to be a legal document filed
HB3158 Engrossed -26- LRB9010780RCks
1 by a prisoner in his or her lawsuit meets any or all of
2 the following criteria:
3 (A) it lacks an arguable basis either in law
4 or in fact;
5 (B) it is being presented for any improper
6 purpose, such as to harass or to cause unnecessary
7 delay or needless increase in the cost of
8 litigation;
9 (C) the claims, defenses, and other legal
10 contentions therein are not warranted by existing
11 law or by a nonfrivolous argument for the extension,
12 modification, or reversal of existing law or the
13 establishment of new law;
14 (D) the allegations and other factual
15 contentions do not have evidentiary support or, if
16 specifically so identified, are not likely to have
17 evidentiary support after a reasonable opportunity
18 for further investigation or discovery; or
19 (E) the denials of factual contentions are not
20 warranted on the evidence, or if specifically so
21 identified, are not reasonably based on a lack of
22 information or belief.
23 (2) "Lawsuit" means a petition for post conviction
24 relief under Article 122 of the Code of Criminal
25 Procedure of 1963, a motion pursuant to Section 116-3 of
26 the Code of Criminal Procedure of 1963, a habeas corpus
27 action under Article X of the Code of Civil Procedure or
28 under federal law (28 U.S.C. 2254), a petition for claim
29 under the Court of Claims Act or an action under the
30 federal Civil Rights Act (42 U.S.C. 1983).
31 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
32 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
33 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
HB3158 Engrossed -27- LRB9010780RCks
1 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
2 Sec. 5-8-1. Sentence of Imprisonment for Felony.
3 (a) Except as otherwise provided in the statute defining
4 the offense, a sentence of imprisonment for a felony shall be
5 a determinate sentence set by the court under this Section,
6 according to the following limitations:
7 (1) for first degree murder,
8 (a) a term shall be not less than 20 years and
9 not more than 60 years, or
10 (a-5) if the court finds that the conduct
11 leading to the murder was streetgang related
12 criminal activity with the intent (i) to increase
13 the gang's size, membership, prestige, dominance, or
14 control in any geographical area, or (ii) to exact
15 revenge or retribution for any gang or member of the
16 gang, or (iii) to obstruct justice or intimidate or
17 eliminate any witness against the gang or any member
18 of the gang, or (iv) to directly or indirectly cause
19 any benefit, aggrandizement, gain, profit or other
20 advantage to or for the gang, its reputation,
21 influence or membership, the court shall sentence
22 the defendant to a term of not less than 30 and not
23 more than 60 years.
24 For the purpose of this Section, "streetgang" or "gang"
25 has the meaning ascribed to it by Section 10 of the Illinois
26 Streetgang Terrorism Omnibus Prevention Act.
27 (b) if the court finds that the murder was
28 accompanied by exceptionally brutal or heinous
29 behavior indicative of wanton cruelty or, except as
30 set forth in subsection (a)(1)(c) of this Section,
31 that any of the aggravating factors listed in
32 subsection (b) of Section 9-1 of the Criminal Code
33 of 1961 are present, the court may sentence the
34 defendant to a term of natural life imprisonment, or
HB3158 Engrossed -28- LRB9010780RCks
1 (c) the court shall sentence the defendant to
2 a term of natural life imprisonment when the death
3 penalty is not imposed if the defendant,
4 (i) has previously been convicted of
5 first degree murder under any state or federal
6 law, or
7 (ii) is a person who, at the time of the
8 commission of the murder, had attained the age
9 of 17 or more and is found guilty of murdering
10 an individual under 12 years of age; or,
11 irrespective of the defendant's age at the time
12 of the commission of the offense, is found
13 guilty of murdering more than one victim, or
14 (iii) is found guilty of murdering a
15 peace officer or fireman when the peace officer
16 or fireman was killed in the course of
17 performing his official duties, or to prevent
18 the peace officer or fireman from performing
19 his official duties, or in retaliation for the
20 peace officer or fireman performing his
21 official duties, and the defendant knew or
22 should have known that the murdered individual
23 was a peace officer or fireman, or
24 (iv) is found guilty of murdering an
25 employee of an institution or facility of the
26 Department of Corrections, or any similar local
27 correctional agency, when the employee was
28 killed in the course of performing his official
29 duties, or to prevent the employee from
30 performing his official duties, or in
31 retaliation for the employee performing his
32 official duties, or
33 (v) is found guilty of murdering an
34 emergency medical technician - ambulance,
HB3158 Engrossed -29- LRB9010780RCks
1 emergency medical technician - intermediate,
2 emergency medical technician - paramedic,
3 ambulance driver or other medical assistance or
4 first aid person while employed by a
5 municipality or other governmental unit when
6 the person was killed in the course of
7 performing official duties or to prevent the
8 person from performing official duties or in
9 retaliation for performing official duties and
10 the defendant knew or should have known that
11 the murdered individual was an emergency
12 medical technician - ambulance, emergency
13 medical technician - intermediate, emergency
14 medical technician - paramedic, ambulance
15 driver, or other medical assistant or first aid
16 personnel, or
17 (vi) is a person who, at the time of the
18 commission of the murder, had not attained the
19 age of 17, and is found guilty of murdering a
20 person under 12 years of age and the murder is
21 committed during the course of aggravated
22 criminal sexual assault, criminal sexual
23 assault, or aggravated kidnaping.
24 For purposes of clause (v), "emergency medical
25 technician - ambulance", "emergency medical
26 technician - intermediate", "emergency medical
27 technician - paramedic", have the meanings ascribed
28 to them in the Emergency Medical Services (EMS)
29 Systems Act.
30 (1.5) for second degree murder, a term shall be not
31 less than 4 years and not more than 20 years;
32 (2) for a person adjudged a habitual criminal under
33 Article 33B of the Criminal Code of 1961, as amended, the
34 sentence shall be a term of natural life imprisonment;
HB3158 Engrossed -30- LRB9010780RCks
1 (2.5) for a person convicted under the
2 circumstances described in paragraph (3) of subsection
3 (b) of Section 12-13, paragraph (2) of subsection (d) of
4 Section 12-14, or paragraph (2) of subsection (b) of
5 Section 12-14.1 of the Criminal Code of 1961, the
6 sentence shall be a term of natural life imprisonment;
7 (3) except as otherwise provided in the statute
8 defining the offense, for a Class X felony, the sentence
9 shall be not less than 6 years and not more than 30
10 years;
11 (4) for a Class 1 felony, other than second degree
12 murder, the sentence shall be not less than 4 years and
13 not more than 15 years;
14 (5) for a Class 2 felony, the sentence shall be not
15 less than 3 years and not more than 7 years;
16 (6) for a Class 3 felony, the sentence shall be not
17 less than 2 years and not more than 5 years;
18 (7) for a Class 4 felony, the sentence shall be not
19 less than 1 year and not more than 3 years.
20 (b) The sentencing judge in each felony conviction shall
21 set forth his reasons for imposing the particular sentence he
22 enters in the case, as provided in Section 5-4-1 of this
23 Code. Those reasons may include any mitigating or
24 aggravating factors specified in this Code, or the lack of
25 any such circumstances, as well as any other such factors as
26 the judge shall set forth on the record that are consistent
27 with the purposes and principles of sentencing set out in
28 this Code.
29 (c) A motion to reduce a sentence may be made, or the
30 court may reduce a sentence without motion, within 30 days
31 after the sentence is imposed. A defendant's challenge to
32 the correctness of a sentence or to any aspect of the
33 sentencing hearing shall be made by a written motion filed
34 within 30 days following the imposition of sentence.
HB3158 Engrossed -31- LRB9010780RCks
1 However, the court may not increase a sentence once it is
2 imposed.
3 If a motion filed pursuant to this subsection is timely
4 filed within 30 days after the sentence is imposed, the
5 proponent of the motion shall exercise due diligence in
6 seeking a determination on the motion and the court shall
7 thereafter decide such motion within a reasonable time.
8 If a motion filed pursuant to this subsection is timely
9 filed within 30 days after the sentence is imposed, then for
10 purposes of perfecting an appeal, a final judgment shall not
11 be considered to have been entered until the motion to reduce
12 a sentence has been decided by order entered by the trial
13 court.
14 A motion filed pursuant to this subsection shall not be
15 considered to have been timely filed unless it is filed with
16 the circuit court clerk within 30 days after the sentence is
17 imposed together with a notice of motion, which notice of
18 motion shall set the motion on the court's calendar on a date
19 certain within a reasonable time after the date of filing.
20 (d) Except where a term of natural life is imposed,
21 every sentence shall include as though written therein a term
22 in addition to the term of imprisonment. For those sentenced
23 under the law in effect prior to February 1, 1978, such term
24 shall be identified as a parole term. For those sentenced on
25 or after February 1, 1978, such term shall be identified as a
26 mandatory supervised release term. Subject to earlier
27 termination under Section 3-3-8, the parole or mandatory
28 supervised release term shall be as follows:
29 (1) for first degree murder or a Class X felony, 3
30 years;
31 (2) for a Class 1 felony or a Class 2 felony, 2
32 years;
33 (3) for a Class 3 felony or a Class 4 felony, 1
34 year.
HB3158 Engrossed -32- LRB9010780RCks
1 (e) A defendant who has a previous and unexpired
2 sentence of imprisonment imposed by another state or by any
3 district court of the United States and who, after sentence
4 for a crime in Illinois, must return to serve the unexpired
5 prior sentence may have his sentence by the Illinois court
6 ordered to be concurrent with the prior sentence in the other
7 state. The court may order that any time served on the
8 unexpired portion of the sentence in the other state, prior
9 to his return to Illinois, shall be credited on his Illinois
10 sentence. The other state shall be furnished with a copy of
11 the order imposing sentence which shall provide that, when
12 the offender is released from confinement of the other state,
13 whether by parole or by termination of sentence, the offender
14 shall be transferred by the Sheriff of the committing county
15 to the Illinois Department of Corrections. The court shall
16 cause the Department of Corrections to be notified of such
17 sentence at the time of commitment and to be provided with
18 copies of all records regarding the sentence.
19 (f) A defendant who has a previous and unexpired
20 sentence of imprisonment imposed by an Illinois circuit court
21 for a crime in this State and who is subsequently sentenced
22 to a term of imprisonment by another state or by any district
23 court of the United States and who has served a term of
24 imprisonment imposed by the other state or district court of
25 the United States, and must return to serve the unexpired
26 prior sentence imposed by the Illinois Circuit Court may
27 apply to the court which imposed sentence to have his
28 sentence reduced.
29 The circuit court may order that any time served on the
30 sentence imposed by the other state or district court of the
31 United States be credited on his Illinois sentence. Such
32 application for reduction of a sentence under this
33 subsection (f) shall be made within 30 days after the
34 defendant has completed the sentence imposed by the other
HB3158 Engrossed -33- LRB9010780RCks
1 state or district court of the United States.
2 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
3 89-462, eff. 5-29-96; 90-396, eff. 1-1-98.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.