State of Illinois
91st General Assembly
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[ Introduced ][ Engrossed ][ Senate Amendment 002 ]

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.)
 
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 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.)".

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