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91_HB0031sam001 LRB9100380RCmbam01 1 AMENDMENT TO HOUSE BILL 31 2 AMENDMENT NO. . Amend House Bill 31 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Criminal Code of 1961 is amended by 5 changing Sections 8-1.1, 8-1.2, 9-1.2, 10-2, 12-4.1, 12-4.3, 6 12-4.6, 12-11, 12-13, 12-14, 12-14.1, 18-2, 18-4, and 33A-2 7 and adding Sections 2-3.4, 2-7.5, and 2-15.5 as follows: 8 (720 ILCS 5/2-3.4 new) 9 Sec. 2-3.4. "Armed with a firearm". Except as otherwise 10 provided in a specific Section, a person is considered "armed 11 with a firearm" when he or she carries on or about his or her 12 person or is otherwise armed with a firearm. 13 (720 ILCS 5/2-7.5 new) 14 Sec. 2-7.5. "Firearm". Except as otherwise provided in 15 a specific Section, "firearm" shall have the meaning ascribed 16 to it in Section 1.1 of the Firearm Owners Identification 17 Card Act. 18 (720 ILCS 5/2-15.5 new) 19 Sec. 2-15.5. "Personally discharged a firearm". A 20 person is considered to have "personally discharged a -2- LRB9100380RCmbam01 1 firearm" when he or she, while armed with a firearm, 2 knowingly and intentionally fires a firearm causing the 3 ammunition projectile to be forcefully expelled from the 4 firearm. 5 (720 ILCS 5/8-1.1) (from Ch. 38, par. 8-1.1) 6 Sec. 8-1.1. Solicitation of Murder. 7 (a) A person commits solicitation of murder when, with 8 the intent that the offense of first degree murder be 9 committed, he commands, encourages or requests another to 10 commit that offense. 11 (b) Penalty. Solicitation of murder is a Class X felony 12 and a person convicted of solicitation of murder shall be 13 sentenced to a term of imprisonment for a period of not less 14 than 15 years and not more than 30 years, except that: 15 (1) in cases where the person solicited was a 16 person under the age of 17 years, the person convicted of 17 solicitation of murder shall be sentenced to a term of 18 imprisonment for a period of not less than 20 years and 19 not more than 60 years;.20 (2) if the person committed the offense while armed 21 with a firearm, 15 years of imprisonment shall be added 22 to the term of imprisonment imposed by the court; 23 (3) if, during the commission of the offense, the 24 person personally discharged a firearm, 20 years of 25 imprisonment shall be added to the term of imprisonment 26 imposed by the court; 27 (4) if, during the commission of the offense, the 28 person personally discharged a firearm that proximately 29 caused great bodily harm, permanent disability, permanent 30 disfigurement, or death to any person, 25 years to life 31 of imprisonment shall be added to the term of 32 imprisonment imposed by the court. 33 (Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.) -3- LRB9100380RCmbam01 1 (720 ILCS 5/8-1.2) (from Ch. 38, par. 8-1.2) 2 Sec. 8-1.2. Solicitation of Murder for Hire. (a) A 3 person commits solicitation of murder for hire when, with the 4 intent that the offense of first degree murder be committed, 5 he procures another to commit that offense pursuant to any 6 contract, agreement, understanding, command or request for 7 money or anything of value. 8 (b) Penalty. Solicitation of murder for hire is a Class 9 X felony and a person convicted of solicitation of murder for 10 hire shall be sentenced to a term of imprisonment of not less 11 than 20 years and not more than 40 years, except that:.12 (1) if the person committed the offense while armed 13 with a firearm, 15 years of imprisonment shall be added 14 to the term of imprisonment imposed by the court; 15 (2) if, during the commission of the offense, the 16 person personally discharged a firearm, 20 years of 17 imprisonment shall be added to the term of imprisonment 18 imposed by the court; 19 (3) if, during the commission of the offense, the 20 person personally discharged a firearm that proximately 21 caused great bodily harm, permanent disability, permanent 22 disfigurement, or death to any person, 25 years to life 23 of imprisonment shall be added to the term of 24 imprisonment imposed by the court. 25 (Source: P.A. 85-1003; 85-1030; 85-1440.) 26 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2) 27 Sec. 9-1.2. Intentional Homicide of an Unborn Child. (a) 28 A person commits the offense of intentional homicide of an 29 unborn child if, in performing acts which cause the death of 30 an unborn child, he without lawful justification: 31 (1) either intended to cause the death of or do great 32 bodily harm to the pregnant woman or her unborn child or knew 33 that such acts would cause death or great bodily harm to the -4- LRB9100380RCmbam01 1 pregnant woman or her unborn child; or 2 (2) he knew that his acts created a strong probability 3 of death or great bodily harm to the pregnant woman or her 4 unborn child; and 5 (3) he knew that the woman was pregnant. 6 (b) For purposes of this Section, (1) "unborn child" 7 shall mean any individual of the human species from 8 fertilization until birth, and (2) "person" shall not include 9 the pregnant woman whose unborn child is killed. 10 (c) This Section shall not apply to acts which cause the 11 death of an unborn child if those acts were committed during 12 any abortion, as defined in Section 2 of the Illinois 13 Abortion Law of 1975, as amended, to which the pregnant woman 14 has consented. This Section shall not apply to acts which 15 were committed pursuant to usual and customary standards of 16 medical practice during diagnostic testing or therapeutic 17 treatment. 18 (d) Penalty. The sentence for intentional homicide of 19 an unborn child shall be the same as for first degree murder, 20 except that: 21 (1) the death penalty may not be imposed;.22 (2) if the person committed the offense while armed 23 with a firearm, 15 years of imprisonment shall be added 24 to the term of imprisonment imposed by the court; 25 (3) if, during the commission of the offense, the 26 person personally discharged a firearm, 20 years of 27 imprisonment shall be added to the term of imprisonment 28 imposed by the court; 29 (4) if, during the commission of the offense, the 30 person personally discharged a firearm that proximately 31 caused great bodily harm, permanent disability, permanent 32 disfigurement, or death to any person, 25 years to life 33 of imprisonment shall be added to the term of 34 imprisonment imposed by the court. -5- LRB9100380RCmbam01 1 (e) The provisions of this Act shall not be construed to 2 prohibit the prosecution of any person under any other 3 provision of law. 4 (Source: P.A. 85-293.) 5 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2) 6 Sec. 10-2. Aggravated kidnaping. 7 (a) A kidnaper within the definition of paragraph (a) of 8 Section 10-1 is guilty of the offense of aggravated 9 kidnaping when he: 10 (1) Kidnaps for the purpose of obtaining ransom 11 from the person kidnaped or from any other person, or 12 (2) Takes as his victim a child under the age of 13 13 years, or an institutionalized severely or profoundly 14 mentally retarded person, or 15 (3) Inflicts great bodily harm or commits another 16 felony upon his victim, or 17 (4) Wears a hood, robe or mask or conceals his 18 identity, or 19 (5) Commits the offense of kidnaping while armed 20 with a dangerous weapon, as defined in Section 33A-1 of 21 the "Criminal Code of 1961". 22 As used in this Section, "ransom" includes money, benefit 23 or other valuable thing or concession. 24 (b) Sentence. Aggravated kidnaping is a Class X felony, 25 except that:.26 (1) if the person committed the offense while armed 27 with a firearm, 15 years of imprisonment shall be added 28 to the term of imprisonment imposed by the court; 29 (2) if, during the commission of the offense, the 30 person personally discharged a firearm, 20 years of 31 imprisonment shall be added to the term of imprisonment 32 imposed by the court; 33 (3) if, during the commission of the offense, the -6- LRB9100380RCmbam01 1 person personally discharged a firearm that proximately 2 caused great bodily harm, permanent disability, permanent 3 disfigurement, or death to any person, 25 years to life 4 of imprisonment shall be added to the term of 5 imprisonment imposed by the court. 6 A person who is convicted of a second or subsequent 7 offense of aggravated kidnaping shall be sentenced to a term 8 of natural life imprisonment; provided, however, that a 9 sentence of natural life imprisonment shall not be imposed 10 under this Section unless the second or subsequent offense 11 was committed after conviction on the first offense. 12 (Source: P.A. 89-707, eff. 6-1-97.) 13 (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1) 14 Sec. 12-4.1. Heinous Battery. 15 (a) A person who, in committing a battery, knowingly 16 causes severe and permanent disability or disfigurement by 17 means of a caustic or flammable substance commits heinous 18 battery. 19 (b) Sentence. Heinous battery is a Class X felony, 20 except that:.21 (1) if the person committed the offense while armed 22 with a firearm, 15 years of imprisonment shall be added 23 to the term of imprisonment imposed by the court; 24 (2) if, during the commission of the offense, the 25 person personally discharged a firearm, 20 years of 26 imprisonment shall be added to the term of imprisonment 27 imposed by the court; 28 (3) if, during the commission of the offense, the 29 person personally discharged a firearm that proximately 30 caused great bodily harm, permanent disability, permanent 31 disfigurement, or death to any person, 25 years to life 32 of imprisonment shall be added to the term of 33 imprisonment imposed by the court. -7- LRB9100380RCmbam01 1 (Source: P.A. 88-285.) 2 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3) 3 Sec. 12-4.3. Aggravated battery of a child. 4 (a) Any person of the age 18 years and upwards who 5 intentionally or knowingly, and without legal justification 6 and by any means, causes great bodily harm or permanent 7 disability or disfigurement to any child under the age of 13 8 years or to any institutionalized severely or profoundly 9 mentally retarded person, commits the offense of aggravated 10 battery of a child. 11 (b) Aggravated battery of a child is a Class X felony, 12 except that:.13 (1) if the person committed the offense while armed 14 with a firearm, 15 years of imprisonment shall be added 15 to the term of imprisonment imposed by the court; 16 (2) if, during the commission of the offense, the 17 person personally discharged a firearm, 20 years of 18 imprisonment shall be added to the term of imprisonment 19 imposed by the court; 20 (3) if, during the commission of the offense, the 21 person personally discharged a firearm that proximately 22 caused great bodily harm, permanent disability, permanent 23 disfigurement, or death to any person, 25 years to life 24 of imprisonment shall be added to the term of 25 imprisonment imposed by the court. 26 (Source: P.A. 89-313, eff. 1-1-96.) 27 (720 ILCS 5/12-4.6) (from Ch. 38, par. 12-4.6) 28 Sec. 12-4.6. Aggravated Battery of a Senior Citizen. 29 (a) A person who, in committing battery, intentionally or 30 knowingly causes great bodily harm or permanent disability or 31 disfigurement to an individual of 60 years of age or older 32 commits aggravated battery of a senior citizen. -8- LRB9100380RCmbam01 1 (b) Sentence. Aggravated battery of a senior citizen is 2 a Class 2 felony, except that:.3 (1) if the person committed the offense while armed 4 with a firearm, 15 years of imprisonment shall be added 5 to the term of imprisonment imposed by the court; 6 (2) if, during the commission of the offense, the 7 person personally discharged a firearm, 20 years of 8 imprisonment shall be added to the term of imprisonment 9 imposed by the court; 10 (3) if, during the commission of the offense, the 11 person personally discharged a firearm that proximately 12 caused great bodily harm, permanent disability, permanent 13 disfigurement, or death to any person, 25 years to life 14 of imprisonment shall be added to the term of 15 imprisonment imposed by the court. 16 (Source: P.A. 85-1177.) 17 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11) 18 Sec. 12-11. Home Invasion. 19 (a) A person who is not a peace officer acting in the 20 line of duty commits home invasion when without authority he 21 or she knowingly enters the dwelling place of another when he 22 or she knows or has reason to know that one or more persons 23 is present or he or she knowingly enters the dwelling place 24 of another and remains in such dwelling place until he or she 25 knows or has reason to know that one or more persons is 26 present and 27 (1) While armed with a dangerous weapon uses force 28 or threatens the imminent use of force upon any person or 29 persons within such dwelling place whether or not injury 30 occurs, or 31 (2) Intentionally causes any injury to any person 32 or persons within such dwelling place. 33 (b) It is an affirmative defense to a charge of home -9- LRB9100380RCmbam01 1 invasion that the accused who knowingly enters the dwelling 2 place of another and remains in such dwelling place until he 3 or she knows or has reason to know that one or more persons 4 is present either immediately leaves such premises or 5 surrenders to the person or persons lawfully present therein 6 without either attempting to cause or causing serious bodily 7 injury to any person present therein. 8 (c) Sentence. Home invasion is a Class X felony, except 9 that:.10 (1) if the person committed the offense while armed 11 with a firearm, 15 years of imprisonment shall be added 12 to the term of imprisonment imposed by the court; 13 (2) if, during the commission of the offense, the 14 person personally discharged a firearm, 20 years of 15 imprisonment shall be added to the term of imprisonment 16 imposed by the court; 17 (3) if, during the commission of the offense, the 18 person personally discharged a firearm that proximately 19 caused great bodily harm, permanent disability, permanent 20 disfigurement, or death to any person, 25 years to life 21 of imprisonment shall be added to the term of 22 imprisonment imposed by the court. 23 (d) For purposes of this Section, "dwelling place of 24 another" includes a dwelling place where the defendant 25 maintains a tenancy interest but from which the defendant has 26 been barred by a divorce decree, judgment of dissolution of 27 marriage, order of protection, or other court order. 28 (Source: P.A. 90-787, eff. 8-14-98.) 29 (720 ILCS 5/12-13) (from Ch. 38, par. 12-13) 30 Sec. 12-13. Criminal Sexual Assault. 31 (a) The accused commits criminal sexual assault if he or 32 she: 33 (1) commits an act of sexual penetration by the use -10- LRB9100380RCmbam01 1 of force or threat of force; or 2 (2) commits an act of sexual penetration and the 3 accused knew that the victim was unable to understand the 4 nature of the act or was unable to give knowing consent; 5 or 6 (3) commits an act of sexual penetration with a 7 victim who was under 18 years of age when the act was 8 committed and the accused was a family member; or 9 (4) commits an act of sexual penetration with a 10 victim who was at least 13 years of age but under 18 11 years of age when the act was committed and the accused 12 was 17 years of age or over and held a position of trust, 13 authority or supervision in relation to the victim. 14 (b) Sentence. 15 (1) Criminal sexual assault is a Class 1 felony. 16 (2) A person who is convicted of the offense of 17 criminal sexual assault as defined in paragraph (a)(1) or 18 (a)(2) after having previously been convicted of the 19 offense of criminal sexual assault, or who is convicted 20 of the offense of criminal sexual assault as defined in 21 paragraph (a)(1) or (a)(2) after having previously been 22 convicted under the laws of this State or any other state 23 of an offense that is substantially equivalent to the 24 offense of criminal sexual assault, commits a Class X 25 felony for which the person shall be sentenced to a term 26 of imprisonment of not less than 30 years and not more 27 than 60 years. The commission of the second or 28 subsequent offense is required to have been after the 29 initial conviction for this paragraph (2) to apply. 30 (3) A person who is convicted of the offense of 31 criminal sexual assault as defined in paragraph (a)(1) or 32 (a)(2) after having previously been convicted of the 33 offense of aggravated criminal sexual assault or the 34 offense of predatory criminal sexual assault of a child, -11- LRB9100380RCmbam01 1 or who is convicted of the offense of criminal sexual 2 assault as defined in paragraph (a)(1) or (a)(2) after 3 having previously been convicted under the laws of this 4 State or any other state of an offense that is 5 substantially equivalent to the offense of aggravated 6 criminal sexual assault or the offense of criminal 7 predatory sexual assault shall be sentenced to a term of 8 natural life imprisonment. The commission of the second 9 or subsequent offense is required to have been after the 10 initial conviction for this paragraph (3) to apply. 11 (4) A second or subsequent conviction for a 12 violation of paragraph (a)(3) or (a)(4) or under any 13 similar statute of this State or any other state for any 14 offense involving criminal sexual assault that is 15 substantially equivalent to or more serious than the 16 sexual assault prohibited under paragraph (a)(3) or 17 (a)(4) is a Class X felony. 18 (5) When a person has any such prior conviction, 19 the information or indictment charging that person shall 20 state such prior conviction so as to give notice of the 21 State's intention to treat the charge as a Class X 22 felony. The fact of such prior conviction is not an 23 element of the offense and may not be disclosed to the 24 jury during trial unless otherwise permitted by issues 25 properly raised during such trial. 26 (6) (i) If the person committed the offense while 27 armed with a firearm, 15 years of imprisonment shall 28 be added to the term of imprisonment imposed by the 29 court. 30 (ii) If, during the commission of the offense, 31 the person personally discharged a firearm, 20 years 32 of imprisonment shall be added to the term of 33 imprisonment imposed by the court. 34 (iii) If, during the commission of the -12- LRB9100380RCmbam01 1 offense, the person personally discharged a firearm 2 that proximately caused great bodily harm, permanent 3 disability, permanent disfigurement, or death to any 4 person, 25 years to life of imprisonment shall be 5 added to the term of imprisonment imposed by the 6 court. 7 (Source: P.A. 90-396, eff. 1-1-98.) 8 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14) 9 Sec. 12-14. Aggravated Criminal Sexual Assault. 10 (a) The accused commits aggravated criminal sexual 11 assault if he or she commits criminal sexual assault and any 12 of the following aggravating circumstances existed during, or 13 for the purposes of paragraph (7) of this subsection (a) as 14 part of the same course of conduct as, the commission of the 15 offense: 16 (1) the accused displayed, threatened to use, or 17 used a dangerous weapon or any object fashioned or 18 utilized in such a manner as to lead the victim under the 19 circumstances reasonably to believe it to be a dangerous 20 weapon; or 21 (2) the accused caused bodily harm to the victim; 22 or 23 (3) the accused acted in such a manner as to 24 threaten or endanger the life of the victim or any other 25 person; or 26 (4) the criminal sexual assault was perpetrated 27 during the course of the commission or attempted 28 commission of any other felony by the accused; or 29 (5) the victim was 60 years of age or over when the 30 offense was committed; or 31 (6) the victim was a physically handicapped person; 32 or 33 (7) the accused delivered (by injection, -13- LRB9100380RCmbam01 1 inhalation, ingestion, transfer of possession, or any 2 other means) to the victim without his or her consent, or 3 by threat or deception, and for other than medical 4 purposes, any controlled substance. 5 (b) The accused commits aggravated criminal sexual 6 assault if the accused was under 17 years of age and (i) 7 commits an act of sexual penetration with a victim who was 8 under 9 years of age when the act was committed; or (ii) 9 commits an act of sexual penetration with a victim who was at 10 least 9 years of age but under 13 years of age when the act 11 was committed and the accused used force or threat of force 12 to commit the act. 13 (c) The accused commits aggravated criminal sexual 14 assault if he or she commits an act of sexual penetration 15 with a victim who was an institutionalized severely or 16 profoundly mentally retarded person at the time the act was 17 committed. 18 (d) Sentence. 19 (1) Aggravated criminal sexual assault is a Class X 20 felony. 21 (2) A person who is convicted of a second or 22 subsequent offense of aggravated criminal sexual assault, 23 or who is convicted of the offense of aggravated criminal 24 sexual assault after having previously been convicted of 25 the offense of criminal sexual assault or the offense of 26 predatory criminal sexual assault of a child, or who is 27 convicted of the offense of aggravated criminal sexual 28 assault after having previously been convicted under the 29 laws of this or any other state of an offense that is 30 substantially equivalent to the offense of criminal 31 sexual assault, the offense of aggravated criminal sexual 32 assault or the offense of predatory criminal sexual 33 assault of a child, shall be sentenced to a term of 34 natural life imprisonment. The commission of the second -14- LRB9100380RCmbam01 1 or subsequent offense is required to have been after the 2 initial conviction for this paragraph (2) to apply. 3 (3) (i) If the person committed the offense while 4 armed with a firearm, 15 years of imprisonment shall 5 be added to the term of imprisonment imposed by the 6 court. 7 (ii) If, during the commission of the offense, 8 the person personally discharged a firearm, 20 years 9 of imprisonment shall be added to the term of 10 imprisonment imposed by the court. 11 (iii) If, during the commission of the 12 offense, the person personally discharged a firearm 13 that proximately caused great bodily harm, permanent 14 disability, permanent disfigurement, or death to any 15 person, 25 years to life of imprisonment shall be 16 added to the term of imprisonment imposed by the 17 court. 18 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 19 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.) 20 (720 ILCS 5/12-14.1) 21 Sec. 12-14.1. Predatory criminal sexual assault of a 22 child. 23 (a) The accused commits predatory criminal sexual 24 assault of a child if: 25 (1) the accused was 17 years of age or over and 26 commits an act of sexual penetration with a victim who 27 was under 13 years of age when the act was committed; or 28 (2) the accused was 17 years of age or over and 29 commits an act of sexual penetration with a victim who 30 was under 13 years of age when the act was committed and 31 the accused caused great bodily harm to the victim that: 32 (A) resulted in permanent disability; or 33 (B) was life threatening; or -15- LRB9100380RCmbam01 1 (3) the accused was 17 years of age or over and 2 commits an act of sexual penetration with a victim who 3 was under 13 years of age when the act was committed and 4 the accused delivered (by injection, inhalation, 5 ingestion, transfer of possession, or any other means) to 6 the victim without his or her consent, or by threat or 7 deception, and for other than medical purposes, any 8 controlled substance. 9 (b) Sentence. 10 (1) A person convicted of a violation of subsection 11 (a)(1) commits a Class X felony. A person convicted of a 12 violation of subsection (a)(2) or (a) (3) commits a Class 13 X felony for which the person shall be sentenced to a 14 term of imprisonment of not less than 50 years and not 15 more than 60 years. 16 (2) A person who is convicted of a second or 17 subsequent offense of predatory criminal sexual assault 18 of a child, or who is convicted of the offense of 19 predatory criminal sexual assault of a child after having 20 previously been convicted of the offense of criminal 21 sexual assault or the offense of aggravated criminal 22 sexual assault, or who is convicted of the offense of 23 predatory criminal sexual assault of a child after having 24 previously been convicted under the laws of this State or 25 any other state of an offense that is substantially 26 equivalent to the offense of predatory criminal sexual 27 assault of a child, the offense of aggravated criminal 28 sexual assault or the offense of criminal sexual assault, 29 shall be sentenced to a term of natural life 30 imprisonment. The commission of the second or subsequent 31 offense is required to have been after the initial 32 conviction for this paragraph (2) to apply. 33 (3) (i) If the person committed the offense while 34 armed with a firearm, 15 years of imprisonment shall -16- LRB9100380RCmbam01 1 be added to the term of imprisonment imposed by the 2 court. 3 (ii) If, during the commission of the offense, 4 the person personally discharged a firearm, 20 years 5 of imprisonment shall be added to the term of 6 imprisonment imposed by the court. 7 (iii) If, during the commission of the 8 offense, the person personally discharged a firearm 9 that proximately caused great bodily harm, permanent 10 disability, permanent disfigurement, or death to any 11 person, 25 years to life of imprisonment shall be 12 added to the term of imprisonment imposed by the 13 court. 14 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 15 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.) 16 (720 ILCS 5/18-2) (from Ch. 38, par. 18-2) 17 Sec. 18-2. Armed robbery. (a) A person commits armed 18 robbery when he or she violates Section 18-1 while he or she 19 carries on or about his or her person, or is otherwise armed 20 with a dangerous weapon. 21 (b) Sentence. 22 Armed robbery is a Class X felony, except that:.23 (1) if the person committed the offense while armed 24 with a firearm, 15 years of imprisonment shall be added 25 to the term of imprisonment imposed by the court; 26 (2) if, during the commission of the offense, the 27 person personally discharged a firearm, 20 years of 28 imprisonment shall be added to the term of imprisonment 29 imposed by the court; 30 (3) if, during the commission of the offense, the 31 person personally discharged a firearm that proximately 32 caused great bodily harm, permanent disability, permanent 33 disfigurement, or death to any person, 25 years to life -17- LRB9100380RCmbam01 1 of imprisonment shall be added to the term of 2 imprisonment imposed by the court. 3 (Source: P.A. 80-1099.) 4 (720 ILCS 5/18-4) 5 Sec. 18-4. Aggravated vehicular hijacking. 6 (a) A person commits aggravated vehicular hijacking when 7 he or she violates Section 18-3; and 8 (1) the person from whose immediate presence the 9 motor vehicle is taken is a physically handicapped person 10 or a person 60 years of age or over; or 11 (2) a person under 16 years of age is a passenger 12 in the motor vehicle at the time of the offense; or 13 (3) he or she carries on or about his or her 14 person, or is otherwise armed with a dangerous weapon. 15 (b) Sentence. 16 (1) Aggravated vehicular hijacking in violation of 17 subsections (a)(1) or (a)(2) is a Class X felony. 18 Aggravated vehicular hijacking in violation of subsection 19 (a)(3) is a Class X felony for which a term of 20 imprisonment of not less than 7 years shall be imposed. 21 (2) (i) If the person committed the offense while 22 armed with a firearm, 15 years of imprisonment shall 23 be added to the term of imprisonment imposed by the 24 court. 25 (ii) If, during the commission of the offense, 26 the person personally discharged a firearm, 20 years 27 of imprisonment shall be added to the term of 28 imprisonment imposed by the court. 29 (iii) If, during the commission of the 30 offense, the person personally discharged a firearm 31 that proximately caused great bodily harm, permanent 32 disability, permanent disfigurement, or death to any 33 person, 25 years to life of imprisonment shall be -18- LRB9100380RCmbam01 1 added to the term of imprisonment imposed by the 2 court. 3 (Source: P.A. 88-351.) 4 (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2) 5 Sec. 33A-2. Armed violence-Elements of the offense. A 6 person commits armed violence when, while armed with a 7 dangerous weapon, he commits any felony defined by Illinois 8 Law, except first degree murder, solicitation of murder, 9 solicitation of murder for hire, intentional homicide of an 10 unborn child, predatory criminal sexual assault of a child, 11 aggravated criminal sexual assault, criminal sexual assault, 12 aggravated kidnapping, heinous battery, aggravated battery of 13 a senior citizen, aggravated battery of a child, armed 14 robbery, aggravated vehicular hijacking, home invasion, a 15 violation of the Cannabis Control Act to which Section 7.5 of 16 that Act applies, or a violation of the Illinois Controlled 17 Substances Act to which Section 408.1 of that Act applies. 18 (Source: P.A. 80-1099.) 19 Section 10. The Cannabis Control Act is amended by 20 adding Section 7.5 as follows: 21 (720 ILCS 550/7.5 new) 22 Sec. 7.5. (a) Any person who violates subsection (g) of 23 Section 5 or Section 5.1 while armed with a firearm shall 24 have 15 years of imprisonment added to the sentence imposed 25 by the court. 26 (b) Any person who violates subsection (g) of Section 5 27 or Section 5.1 shall have 20 years of imprisonment added to 28 the sentence imposed by the court if, during the commission 29 of the offense, the person personally discharged a firearm. 30 (c) Any person who violates subsection (g) of Section 5 31 or Section 5.1 shall have 25 years to life of imprisonment -19- LRB9100380RCmbam01 1 added to the sentence imposed by the court if, during the 2 commission of the offense, the person personally discharged a 3 firearm that proximately caused great bodily harm, permanent 4 disability, permanent disfigurement, or death to any person. 5 Section 15. The Illinois Controlled Substances Act is 6 amended by adding Section 408.1 as follows: 7 (720 ILCS 570/408.1 new) 8 Sec. 408.1. (a) Any person who violates subparagraph (a) 9 of Section 401, Section 401.1 involving a Class X felony 10 amount of controlled substance under Section 401, Section 11 405, or Section 405.2 while armed with a firearm shall have 12 15 years of imprisonment added to the sentence imposed by the 13 court. 14 (b) Any person who violates subsection (a) of Section 15 401, Section 401.1 involving a Class X felony amount of 16 controlled substance under Section 401, Section 405, or 17 Section 405.2 shall have 20 years of imprisonment added to 18 the sentence imposed by the court if, during the commission 19 of the offense, the person personally discharged a firearm. 20 (c) Any person who violates subsection (a) of Section 21 401, Section 401.1 involving a Class X felony amount of 22 controlled substance under Section 401, Section 405, or 23 Section 405.2 shall have 25 years to life imprisonment added 24 to the sentence imposed by the court if, during the 25 commission of the offense, the person personally discharged a 26 firearm that proximately caused great bodily harm, permanent 27 disability, permanent disfigurement, or death to any person. 28 Section 20. The Unified Code of Corrections is amended 29 by changing Section 5-8-1 as follows: 30 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) -20- LRB9100380RCmbam01 1 Sec. 5-8-1. Sentence of Imprisonment for Felony. 2 (a) Except as otherwise provided in the statute defining 3 the offense, a sentence of imprisonment for a felony shall be 4 a determinate sentence set by the court under this Section, 5 according to the following limitations: 6 (1) for first degree murder, 7 (a) a term shall be not less than 20 years and 8 not more than 60 years, or 9 (b) if the court finds that the murder was 10 accompanied by exceptionally brutal or heinous 11 behavior indicative of wanton cruelty or, except as 12 set forth in subsection (a)(1)(c) of this Section, 13 that any of the aggravating factors listed in 14 subsection (b) of Section 9-1 of the Criminal Code 15 of 1961 are present, the court may sentence the 16 defendant to a term of natural life imprisonment, or 17 (c) the court shall sentence the defendant to 18 a term of natural life imprisonment when the death 19 penalty is not imposed if the defendant, 20 (i) has previously been convicted of 21 first degree murder under any state or federal 22 law, or 23 (ii) is a person who, at the time of the 24 commission of the murder, had attained the age 25 of 17 or more and is found guilty of murdering 26 an individual under 12 years of age; or, 27 irrespective of the defendant's age at the time 28 of the commission of the offense, is found 29 guilty of murdering more than one victim, or 30 (iii) is found guilty of murdering a 31 peace officer or fireman when the peace officer 32 or fireman was killed in the course of 33 performing his official duties, or to prevent 34 the peace officer or fireman from performing -21- LRB9100380RCmbam01 1 his official duties, or in retaliation for the 2 peace officer or fireman performing his 3 official duties, and the defendant knew or 4 should have known that the murdered individual 5 was a peace officer or fireman, or 6 (iv) is found guilty of murdering an 7 employee of an institution or facility of the 8 Department of Corrections, or any similar local 9 correctional agency, when the employee was 10 killed in the course of performing his official 11 duties, or to prevent the employee from 12 performing his official duties, or in 13 retaliation for the employee performing his 14 official duties, or 15 (v) is found guilty of murdering an 16 emergency medical technician - ambulance, 17 emergency medical technician - intermediate, 18 emergency medical technician - paramedic, 19 ambulance driver or other medical assistance or 20 first aid person while employed by a 21 municipality or other governmental unit when 22 the person was killed in the course of 23 performing official duties or to prevent the 24 person from performing official duties or in 25 retaliation for performing official duties and 26 the defendant knew or should have known that 27 the murdered individual was an emergency 28 medical technician - ambulance, emergency 29 medical technician - intermediate, emergency 30 medical technician - paramedic, ambulance 31 driver, or other medical assistant or first aid 32 personnel, or 33 (vi) is a person who, at the time of the 34 commission of the murder, had not attained the -22- LRB9100380RCmbam01 1 age of 17, and is found guilty of murdering a 2 person under 12 years of age and the murder is 3 committed during the course of aggravated 4 criminal sexual assault, criminal sexual 5 assault, or aggravated kidnaping, or 6 (vii) is found guilty of first degree 7 murder and the murder was committed by reason 8 of any person's activity as a community 9 policing volunteer or to prevent any person 10 from engaging in activity as a community 11 policing volunteer. For the purpose of this 12 Section, "community policing volunteer" has the 13 meaning ascribed to it in Section 2-3.5 of the 14 Criminal Code of 1961, or.15 (d) (i) if the person committed the offense while 16 armed with a firearm, 15 years of imprisonment shall 17 be added to the term of imprisonment imposed by the 18 court; 19 (ii) if, during the commission of the offense, 20 the person personally discharged a firearm, 20 years 21 of imprisonment shall be added to the term of 22 imprisonment imposed by the court; 23 (iii) if, during the commission of the 24 offense, the person personally discharged a firearm 25 that proximately caused great bodily harm, permanent 26 disability, permanent disfigurement, or death to any 27 person, 25 years to life of imprisonment shall be 28 added to the term of imprisonment imposed by the 29 court. 30 For purposes of clause (v), "emergency medical 31 technician - ambulance", "emergency medical 32 technician - intermediate", "emergency medical 33 technician - paramedic", have the meanings ascribed 34 to them in the Emergency Medical Services (EMS) -23- LRB9100380RCmbam01 1 Systems Act. 2 (1.5) for second degree murder, a term shall be not 3 less than 4 years and not more than 20 years; 4 (2) for a person adjudged a habitual criminal under 5 Article 33B of the Criminal Code of 1961, as amended, the 6 sentence shall be a term of natural life imprisonment; 7 (2.5) for a person convicted under the 8 circumstances described in paragraph (3) of subsection 9 (b) of Section 12-13, paragraph (2) of subsection (d) of 10 Section 12-14, or paragraph (2) of subsection (b) of 11 Section 12-14.1 of the Criminal Code of 1961, the 12 sentence shall be a term of natural life imprisonment; 13 (3) except as otherwise provided in the statute 14 defining the offense, for a Class X felony, the sentence 15 shall be not less than 6 years and not more than 30 16 years; 17 (4) for a Class 1 felony, other than second degree 18 murder, the sentence shall be not less than 4 years and 19 not more than 15 years; 20 (5) for a Class 2 felony, the sentence shall be not 21 less than 3 years and not more than 7 years; 22 (6) for a Class 3 felony, the sentence shall be not 23 less than 2 years and not more than 5 years; 24 (7) for a Class 4 felony, the sentence shall be not 25 less than 1 year and not more than 3 years. 26 (b) The sentencing judge in each felony conviction shall 27 set forth his reasons for imposing the particular sentence he 28 enters in the case, as provided in Section 5-4-1 of this 29 Code. Those reasons may include any mitigating or 30 aggravating factors specified in this Code, or the lack of 31 any such circumstances, as well as any other such factors as 32 the judge shall set forth on the record that are consistent 33 with the purposes and principles of sentencing set out in 34 this Code. -24- LRB9100380RCmbam01 1 (c) A motion to reduce a sentence may be made, or the 2 court may reduce a sentence without motion, within 30 days 3 after the sentence is imposed. A defendant's challenge to 4 the correctness of a sentence or to any aspect of the 5 sentencing hearing shall be made by a written motion filed 6 within 30 days following the imposition of sentence. 7 However, the court may not increase a sentence once it is 8 imposed. 9 If a motion filed pursuant to this subsection is timely 10 filed within 30 days after the sentence is imposed, the 11 proponent of the motion shall exercise due diligence in 12 seeking a determination on the motion and the court shall 13 thereafter decide such motion within a reasonable time. 14 If a motion filed pursuant to this subsection is timely 15 filed within 30 days after the sentence is imposed, then for 16 purposes of perfecting an appeal, a final judgment shall not 17 be considered to have been entered until the motion to reduce 18 a sentence has been decided by order entered by the trial 19 court. 20 A motion filed pursuant to this subsection shall not be 21 considered to have been timely filed unless it is filed with 22 the circuit court clerk within 30 days after the sentence is 23 imposed together with a notice of motion, which notice of 24 motion shall set the motion on the court's calendar on a date 25 certain within a reasonable time after the date of filing. 26 (d) Except where a term of natural life is imposed, 27 every sentence shall include as though written therein a term 28 in addition to the term of imprisonment. For those sentenced 29 under the law in effect prior to February 1, 1978, such term 30 shall be identified as a parole term. For those sentenced on 31 or after February 1, 1978, such term shall be identified as a 32 mandatory supervised release term. Subject to earlier 33 termination under Section 3-3-8, the parole or mandatory 34 supervised release term shall be as follows: -25- LRB9100380RCmbam01 1 (1) for first degree murder or a Class X felony, 3 2 years; 3 (2) for a Class 1 felony or a Class 2 felony, 2 4 years; 5 (3) for a Class 3 felony or a Class 4 felony, 1 6 year. 7 (e) A defendant who has a previous and unexpired 8 sentence of imprisonment imposed by another state or by any 9 district court of the United States and who, after sentence 10 for a crime in Illinois, must return to serve the unexpired 11 prior sentence may have his sentence by the Illinois court 12 ordered to be concurrent with the prior sentence in the other 13 state. The court may order that any time served on the 14 unexpired portion of the sentence in the other state, prior 15 to his return to Illinois, shall be credited on his Illinois 16 sentence. The other state shall be furnished with a copy of 17 the order imposing sentence which shall provide that, when 18 the offender is released from confinement of the other state, 19 whether by parole or by termination of sentence, the offender 20 shall be transferred by the Sheriff of the committing county 21 to the Illinois Department of Corrections. The court shall 22 cause the Department of Corrections to be notified of such 23 sentence at the time of commitment and to be provided with 24 copies of all records regarding the sentence. 25 (f) A defendant who has a previous and unexpired 26 sentence of imprisonment imposed by an Illinois circuit court 27 for a crime in this State and who is subsequently sentenced 28 to a term of imprisonment by another state or by any district 29 court of the United States and who has served a term of 30 imprisonment imposed by the other state or district court of 31 the United States, and must return to serve the unexpired 32 prior sentence imposed by the Illinois Circuit Court may 33 apply to the court which imposed sentence to have his 34 sentence reduced. -26- LRB9100380RCmbam01 1 The circuit court may order that any time served on the 2 sentence imposed by the other state or district court of the 3 United States be credited on his Illinois sentence. Such 4 application for reduction of a sentence under this 5 subsection (f) shall be made within 30 days after the 6 defendant has completed the sentence imposed by the other 7 state or district court of the United States. 8 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 9 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff. 10 1-1-99.)".