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| Public Act 099-0069 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing | ||||
Sections 10-2, 11-1.20, 11-1.30, 11-1.40, 12-33, 29D-14.9, and | ||||
29D-35 as follows:
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(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
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Sec. 10-2. Aggravated kidnaping.
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(a) A person commits the offense of
aggravated kidnaping | ||||
when he or she commits kidnapping and:
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(1) kidnaps with the intent to obtain ransom from the | ||||
person
kidnaped or from any other person;
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(2) takes as his or her victim a child under the age of | ||||
13 years, or a severely or profoundly intellectually | ||||
disabled person;
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(3) inflicts great bodily harm, other than by the | ||||
discharge of a
firearm, or commits another felony upon his | ||||
or her
victim;
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(4) wears a hood, robe, or mask or conceals his or her | ||||
identity;
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(5) commits the offense of kidnaping while armed with a | ||||
dangerous
weapon, other than a firearm, as defined in | ||||
Section 33A-1 of this
Code;
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(6) commits the offense of kidnaping while armed with a | ||
firearm;
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(7) during the commission of the offense of kidnaping, | ||
personally
discharges a firearm; or
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(8) during the commission of the offense of kidnaping, | ||
personally discharges
a firearm that proximately causes | ||
great bodily harm, permanent
disability, permanent | ||
disfigurement, or death to another person.
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As used in this Section, "ransom" includes money, benefit, | ||
or other
valuable thing or concession.
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(b) Sentence. Aggravated kidnaping
in violation of | ||
paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a | ||
Class X felony.
A violation of subsection (a)(6) is a Class X | ||
felony for which 15 years
shall be added to the term of | ||
imprisonment imposed by the court. A violation of
subsection | ||
(a)(7) is a Class X felony for which 20 years shall be added to | ||
the
term of imprisonment imposed by the court. A violation of | ||
subsection (a)(8) is
a Class X felony for which 25 years or up | ||
to a term of natural life shall be
added to the term of | ||
imprisonment imposed by the court. An offender under the age of | ||
18 years at the time of the commission of aggravated kidnaping | ||
in violation of paragraphs (1) through (8) of subsection (a) | ||
shall be sentenced under Section 5-4.5-105 of the Unified Code | ||
of Corrections.
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A person who has attained the age of 18 years at the time | ||
of the commission of the offense and who is convicted of a | ||
second or subsequent offense of
aggravated kidnaping shall be | ||
sentenced to a term of natural life imprisonment; except
that a | ||
sentence of natural life imprisonment shall not be
imposed | ||
under this Section unless the second or subsequent offense was
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committed after conviction on the first offense. An offender | ||
under the age of 18 years at the time of the commission of the | ||
second or subsequent offense shall be sentenced under Section | ||
5-4.5-105 of the Unified Code of Corrections.
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(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
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(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
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Sec. 11-1.20. Criminal Sexual Assault.
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(a) A person commits criminal sexual assault if that person | ||
commits an act of sexual penetration and: | ||
(1) uses force or threat of force; | ||
(2) knows that the victim is unable to understand the | ||
nature of the act or is unable to give knowing consent; | ||
(3) is a family member of the victim, and the victim is | ||
under 18 years of age; or | ||
(4) is 17 years of age or over and holds a position of | ||
trust, authority, or supervision in relation to the victim, | ||
and the victim is at least 13 years of age but under 18 | ||
years of age.
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(b) Sentence.
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(1) Criminal sexual assault is a Class 1 felony, except | ||
that:
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(A) A person who is convicted of the offense of | ||
criminal sexual assault as
defined in paragraph (a)(1) | ||
or (a)(2) after having previously been convicted of
the | ||
offense of criminal sexual assault or the offense of | ||
exploitation of a child, or who is convicted of the | ||
offense of
criminal sexual assault as defined in | ||
paragraph (a)(1) or (a)(2) after having
previously | ||
been convicted under the laws of this State or any | ||
other state of an
offense that is substantially | ||
equivalent to the offense of criminal sexual
assault or | ||
to the offense of exploitation of a child, commits a | ||
Class X felony for which the person shall be sentenced | ||
to a
term of imprisonment of not less than 30 years and | ||
not more than 60 years, except that if the person is | ||
under the age of 18 years at the time of the offense, | ||
he or she shall be sentenced under Section 5-4.5-105 of | ||
the Unified Code of Corrections. The
commission of the | ||
second or subsequent offense is required to have been | ||
after
the initial conviction for this paragraph (A) to | ||
apply.
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(B) A person who has attained the age of 18 years | ||
at the time of the commission of the offense and who is | ||
convicted of the offense of criminal sexual assault as
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defined in paragraph (a)(1) or (a)(2) after having | ||
previously been convicted of
the offense of aggravated | ||
criminal sexual assault or the offense of predatory
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criminal sexual assault of a child, or who is convicted | ||
of the offense of
criminal sexual assault as defined in | ||
paragraph (a)(1) or (a)(2) after having
previously | ||
been convicted under the laws of this State or any | ||
other state of an
offense that is substantially | ||
equivalent to the offense of aggravated criminal
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sexual assault or the offense of predatory criminal | ||
sexual assault of a child shall be
sentenced to a term | ||
of natural life imprisonment. The commission of the | ||
second
or subsequent offense is required to have been | ||
after the initial conviction for
this paragraph (B) to | ||
apply. An offender under the age of 18 years at the | ||
time of the commission of the offense covered by this | ||
subparagraph (B) shall be sentenced under Section | ||
5-4.5-105 of the Unified Code of Corrections.
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(C) A second or subsequent conviction for a | ||
violation of paragraph
(a)(3) or (a)(4) or under any | ||
similar statute of this State
or any other state for | ||
any offense involving criminal sexual assault that is
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substantially equivalent to or more serious than the | ||
sexual assault prohibited
under paragraph (a)(3) or | ||
(a)(4) is a Class X felony.
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(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)
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(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
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Sec. 11-1.30. Aggravated Criminal Sexual Assault.
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(a) A person commits aggravated criminal sexual assault if | ||
that person commits criminal sexual assault and any of the | ||
following aggravating circumstances exist during the | ||
commission of the offense or, for purposes of paragraph (7), | ||
occur as part of the same course of conduct as the commission | ||
of the offense: | ||
(1) the person displays, threatens to use, or uses a | ||
dangerous weapon, other than a firearm, or any other object | ||
fashioned or used in a manner that leads the victim, under | ||
the circumstances, reasonably to believe that the object is | ||
a dangerous weapon; | ||
(2) the person causes bodily harm to the victim, except | ||
as provided in paragraph (10); | ||
(3) the person acts in a manner that threatens or | ||
endangers the life of the victim or any other person; | ||
(4) the person commits the criminal sexual assault | ||
during the course of committing or attempting to commit any | ||
other felony; | ||
(5) the victim is 60 years of age or older; | ||
(6) the victim is a physically handicapped person; | ||
(7) the person delivers (by injection, inhalation, | ||
ingestion, transfer of possession, or any other means) any | ||
controlled substance to the victim without the victim's | ||
consent or by threat or deception for other than medical | ||
purposes; | ||
(8) the person is armed with a firearm; | ||
(9) the person personally discharges a firearm during | ||
the commission of the offense; or | ||
(10) the person personally discharges a firearm during | ||
the commission of the offense, and that discharge | ||
proximately causes great bodily harm, permanent | ||
disability, permanent disfigurement, or death to another | ||
person.
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(b) A person commits aggravated criminal sexual assault if
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that person is under 17 years of age and: (i) commits an act of
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sexual penetration with a victim who is under 9 years of age; | ||
or (ii) commits an act of sexual penetration with a victim
who | ||
is at least 9 years of age but under 13 years of age and the | ||
person uses force or threat of force to commit the act.
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(c) A person commits aggravated criminal sexual assault if | ||
that person commits an act of sexual penetration with a victim | ||
who is a severely or
profoundly intellectually disabled person.
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(d) Sentence.
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(1) Aggravated criminal sexual assault in violation of | ||
paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | ||
or in violation of
subsection (b) or
(c) is a Class X | ||
felony.
A violation of subsection (a)(1) is a Class X | ||
felony for which 10 years shall
be added to the term of | ||
imprisonment imposed by the court. A violation of
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subsection (a)(8) is a Class X felony for which 15 years | ||
shall be added to the
term of imprisonment imposed by the | ||
court. A violation of
subsection (a)(9) is a Class X felony | ||
for which 20 years shall be added to the
term of | ||
imprisonment imposed by the court. A violation of | ||
subsection (a)(10) is
a Class X felony for which 25 years | ||
or up to a term of natural life
imprisonment shall be added | ||
to
the term of imprisonment imposed by the court. An | ||
offender under the age of 18 years at the time of the | ||
commission of aggravated criminal sexual assault in | ||
violation of paragraphs (1) through (10) of subsection (a) | ||
shall be sentenced under Section 5-4.5-105 of the Unified | ||
Code of Corrections.
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(2) A person who has attained the age of 18 years at | ||
the time of the commission of the offense and who is | ||
convicted of a second or subsequent offense of
aggravated | ||
criminal sexual assault, or who is convicted of the offense | ||
of
aggravated
criminal sexual assault after having | ||
previously been convicted of the offense
of criminal sexual | ||
assault or the offense of predatory criminal sexual assault
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of a child, or who is convicted of the offense of | ||
aggravated criminal sexual
assault after having previously | ||
been convicted under the laws of this or any
other state of | ||
an offense that is substantially equivalent to the offense | ||
of
criminal sexual
assault, the offense of aggravated | ||
criminal sexual assault or the offense of
predatory | ||
criminal sexual assault of a child, shall be sentenced to a | ||
term of
natural life imprisonment.
The commission of the | ||
second or subsequent offense is required to have been
after | ||
the initial conviction for this paragraph (2) to apply. An | ||
offender under the age of 18 years at the time of the | ||
commission of the offense covered by this paragraph (2) | ||
shall be sentenced under Section 5-4.5-105 of the Unified | ||
Code of Corrections.
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(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. | ||
1-1-12; 97-1109, eff. 1-1-13.)
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(720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
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Sec. 11-1.40. Predatory criminal sexual assault of a child.
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(a) A person commits predatory criminal sexual assault of a | ||
child if that person is 17 years of age or older, and commits | ||
an act of contact, however slight, between the sex organ or | ||
anus of one person and the part of the body of another for the | ||
purpose of sexual gratification or arousal of the victim or the | ||
accused, or an act of sexual penetration, and: | ||
(1) the victim is under 13 years of age; or | ||
(2) the victim is under 13 years of age and that | ||
person: | ||
(A) is armed with a firearm; | ||
(B) personally discharges a firearm during the | ||
commission of the offense; | ||
(C) causes great bodily harm to the victim that: | ||
(i) results in permanent disability; or | ||
(ii) is life threatening; or | ||
(D) delivers (by injection, inhalation, ingestion, | ||
transfer of possession, or any other means) any | ||
controlled substance to the victim without the | ||
victim's consent or by threat or deception, for other | ||
than medical purposes.
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(b) Sentence.
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(1) A person convicted of a violation of subsection | ||
(a)(1)
commits a Class X felony, for which the person shall | ||
be sentenced to a term of imprisonment of not less than 6 | ||
years and not more than 60 years.
A person convicted of a | ||
violation of subsection (a)(2)(A) commits a Class X
felony | ||
for which 15 years shall be added to the term of | ||
imprisonment imposed by
the court. A person convicted of a | ||
violation of subsection (a)(2)(B) commits a
Class X felony | ||
for which 20 years shall be added to the term of | ||
imprisonment
imposed by the court. A person who has | ||
attained the age of 18 years at the time of the commission | ||
of the offense and who is convicted of a violation of | ||
subsection (a)(2)(C)
commits a Class X felony for which the | ||
person shall be sentenced to a term of
imprisonment of not | ||
less than 50 years or up to a term of natural life
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imprisonment. An offender under the age of 18 years at the | ||
time of the commission of predatory criminal sexual assault | ||
of a child in violation of subsections (a)(1), (a)(2)(A), | ||
(a)(2)(B), and (a)(2)(C) shall be sentenced under Section | ||
5-4.5-105 of the Unified Code of Corrections.
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(1.1) A person convicted of a violation of subsection | ||
(a)(2)(D) commits a
Class X felony for which the person
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shall be
sentenced to a
term of imprisonment of not less | ||
than 50 years and not more than 60 years. An offender under | ||
the age of 18 years at the time of the commission of | ||
predatory criminal sexual assault of a child in violation | ||
of subsection (a)(2)(D) shall be sentenced under Section | ||
5-4.5-105 of the Unified Code of Corrections.
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(1.2) A person who has attained the age of 18 years at | ||
the time of the commission of the offense and convicted of | ||
predatory criminal sexual assault of a child
committed
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against 2 or more persons regardless of whether the | ||
offenses occurred as the
result of the same act or of | ||
several related or unrelated acts shall be
sentenced to a | ||
term of natural life imprisonment and an offender under the | ||
age of 18 years at the time of the commission of the | ||
offense shall be sentenced under Section 5-4.5-105 of the | ||
Unified Code of Corrections.
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(2) A person who has attained the age of 18 years at | ||
the time of the commission of the offense and who is | ||
convicted of a second or subsequent offense of
predatory | ||
criminal sexual assault of a child, or who is convicted of | ||
the
offense of
predatory criminal sexual assault of a child | ||
after having previously been
convicted of the offense of | ||
criminal sexual assault or the offense of
aggravated | ||
criminal sexual assault, or who is convicted of the offense | ||
of
predatory criminal sexual assault of a child after | ||
having previously been
convicted under the laws of this | ||
State
or any other state of an offense that is | ||
substantially equivalent to the
offense
of predatory | ||
criminal sexual assault of a child, the offense of | ||
aggravated
criminal sexual assault or the offense of | ||
criminal sexual assault, shall be
sentenced to a term of | ||
natural life imprisonment.
The commission of the second or | ||
subsequent offense is required to have been
after the | ||
initial conviction for this paragraph (2) to apply. An | ||
offender under the age of 18 years at the time of the | ||
commission of the offense covered by this paragraph (2) | ||
shall be sentenced under Section 5-4.5-105 of the Unified | ||
Code of Corrections.
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(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; | ||
98-903, eff. 8-15-14.)
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(720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
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Sec. 12-33. Ritualized abuse of a child.
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(a) A person commits ritualized abuse of a child when he or | ||
she
knowingly commits any of the following acts with, upon, or | ||
in the presence of a child
as part of a ceremony, rite or any | ||
similar observance:
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(1) actually or in simulation, tortures, mutilates, or | ||
sacrifices any
warm-blooded animal or human being;
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(2) forces ingestion, injection or other application | ||
of any narcotic,
drug, hallucinogen or anaesthetic for the | ||
purpose of dulling sensitivity,
cognition, recollection | ||
of, or resistance to any criminal activity;
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(3) forces ingestion, or external application, of | ||
human or animal
urine, feces, flesh, blood, bones, body | ||
secretions, nonprescribed drugs or
chemical compounds;
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(4) involves the child in a mock, unauthorized or | ||
unlawful marriage
ceremony with another person or | ||
representation of any force or deity,
followed by sexual | ||
contact with the child;
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(5) places a living child into a coffin or open grave | ||
containing a
human corpse or remains;
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(6) threatens death or serious harm to a child, his or | ||
her parents, family,
pets, or friends that instills a | ||
well-founded fear in the child that the
threat will be | ||
carried out; or
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(7) unlawfully dissects, mutilates, or incinerates a | ||
human corpse.
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(b) The provisions of this Section shall not be construed | ||
to apply to:
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(1) lawful agricultural, animal husbandry, food | ||
preparation, or wild
game hunting and fishing practices and | ||
specifically the branding or
identification of livestock;
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(2) the lawful medical practice of male circumcision or | ||
any ceremony
related to male circumcision;
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(3) any state or federally approved, licensed, or | ||
funded research project;
or
| ||
(4) the ingestion of animal flesh or blood in the | ||
performance of a
religious service or ceremony.
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(b-5) For the purposes of this Section, "child" means any | ||
person under 18 years of age. | ||
(c) Ritualized abuse of a child is a Class 1 felony for a | ||
first
offense. A second or subsequent conviction for ritualized | ||
abuse of a child
is a Class X felony for which an offender who | ||
has attained the age of 18 years at the time of the commission | ||
of the offense the offender may be sentenced to a term of
| ||
natural life imprisonment and an offender under the age of 18 | ||
years at the time of the commission of the offense shall be | ||
sentenced under Section 5-4.5-105 of the Unified Code of | ||
Corrections.
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(d) (Blank).
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(Source: P.A. 96-1551, eff. 7-1-11.)
| ||
(720 ILCS 5/29D-14.9)
(was 720 ILCS 5/29D-30)
| ||
Sec. 29D-14.9. Terrorism.
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(a) A person commits the offense of terrorism when, with | ||
the intent to
intimidate or coerce a significant portion of a | ||
civilian population:
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(1) he or she knowingly commits a terrorist act as | ||
defined in Section
29D-10(1) of this Code within this
| ||
State; or
| ||
(2) he or she, while outside this State, knowingly | ||
commits a terrorist
act as defined in Section 29D-10(1) of | ||
this Code that takes effect within this
State or produces | ||
substantial
detrimental effects within this State.
| ||
(b) Sentence. Terrorism is a Class X felony. If no deaths | ||
are caused by the
terrorist act, the sentence
shall be a term | ||
of 20 years to natural life imprisonment;
if the terrorist act | ||
caused the death of one or more persons, however, a mandatory | ||
term
of natural life imprisonment shall be the sentence if the | ||
death
penalty is not imposed and the person has attained the | ||
age of 18 years at the time of the commission of the offense. | ||
An offender under the age of 18 years at the time of the | ||
commission of the offense shall be sentenced under Section | ||
5-4.5-105 of the Unified Code of Corrections.
| ||
(Source: P.A. 96-710, eff. 1-1-10.)
| ||
(720 ILCS 5/29D-35)
| ||
Sec. 29D-35. Hindering prosecution of terrorism.
| ||
(a) A person commits the offense of hindering prosecution | ||
of terrorism when
he or she renders criminal assistance to a | ||
person who has committed
terrorism as defined in Section | ||
29D-14.9 or caused a catastrophe as defined in
Section 29D-15.1 | ||
of this
Code when he or she knows that the person to whom he or | ||
she rendered criminal
assistance engaged in an act of terrorism | ||
or caused a catastrophe.
| ||
(b) Hindering prosecution of terrorism is a Class X felony, | ||
the sentence for
which shall be a term of 20 years to natural | ||
life imprisonment if no death was
caused by the act of | ||
terrorism committed by the person to whom the defendant
| ||
rendered criminal assistance and a mandatory term of natural | ||
life imprisonment
if death was caused by the act of terrorism | ||
committed by the person to whom the
defendant rendered criminal | ||
assistance. An offender under the age of 18 years at the time | ||
of the commission of the offense shall be sentenced under | ||
Section 5-4.5-105 of the Unified Code of Corrections.
| ||
(Source: P.A. 96-710, eff. 1-1-10.)
| ||
Section 10. The Unified Code of Corrections is amended by | ||
changing Sections 5-4.5-95 and 5-8-1 and by adding Section | ||
5-4.5-105 as follows: | ||
(730 ILCS 5/5-4.5-95)
| ||
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | ||
(a) HABITUAL CRIMINALS. | ||
(1) Every person who has been twice convicted in any | ||
state or federal court of an offense that contains the same | ||
elements as an offense now (the date of the offense | ||
committed after the 2 prior convictions) classified in | ||
Illinois as a Class X felony, criminal sexual assault, | ||
aggravated kidnapping, or first degree murder, and who is | ||
thereafter convicted of a Class X felony, criminal sexual | ||
assault, or first degree murder, committed after the 2 | ||
prior convictions, shall be adjudged an habitual criminal. | ||
(2) The 2 prior convictions need not have been for the | ||
same offense. | ||
(3) Any convictions that result from or are connected | ||
with the same transaction, or result from offenses | ||
committed at the same time, shall be counted for the | ||
purposes of this Section as one conviction. | ||
(4) This Section does not apply unless each of the | ||
following requirements are satisfied: | ||
(A) The third offense was committed after July 3, | ||
1980. | ||
(B) The third offense was committed within 20 years | ||
of the date that judgment was entered on the first | ||
conviction; provided, however, that time spent in | ||
custody shall not be counted. | ||
(C) The third offense was committed after | ||
conviction on the second offense. | ||
(D) The second offense was committed after | ||
conviction on the first offense. | ||
(5) Anyone who, having attained the age of 18 at the | ||
time of the third offense, is Except when the death penalty | ||
is imposed, anyone adjudged an habitual criminal shall be | ||
sentenced to a term of natural life imprisonment. | ||
(6) A prior conviction shall not be alleged in the | ||
indictment, and no evidence or other disclosure of that | ||
conviction shall be presented to the court or the jury | ||
during the trial of an offense set forth in this Section | ||
unless otherwise permitted by the issues properly raised in | ||
that trial. After a plea or verdict or finding of guilty | ||
and before sentence is imposed, the prosecutor may file | ||
with the court a verified written statement signed by the | ||
State's Attorney concerning any former conviction of an | ||
offense set forth in this Section rendered against the | ||
defendant. The court shall then cause the defendant to be | ||
brought before it; shall inform the defendant of the | ||
allegations of the statement so filed, and of his or her | ||
right to a hearing before the court on the issue of that | ||
former conviction and of his or her right to counsel at | ||
that hearing; and unless the defendant admits such | ||
conviction, shall hear and determine the issue, and shall | ||
make a written finding thereon. If a sentence has | ||
previously been imposed, the court may vacate that sentence | ||
and impose a new sentence in accordance with this Section. | ||
(7) A duly authenticated copy of the record of any | ||
alleged former conviction of an offense set forth in this | ||
Section shall be prima facie evidence of that former | ||
conviction; and a duly authenticated copy of the record of | ||
the defendant's final release or discharge from probation | ||
granted, or from sentence and parole supervision (if any) | ||
imposed pursuant to that former conviction, shall be prima | ||
facie evidence of that release or discharge. | ||
(8) Any claim that a previous conviction offered by the | ||
prosecution is not a former conviction of an offense set | ||
forth in this Section because of the existence of any | ||
exceptions described in this Section, is waived unless duly | ||
raised at the hearing on that conviction, or unless the | ||
prosecution's proof shows the existence of the exceptions | ||
described in this Section. | ||
(9) If the person so convicted shows to the | ||
satisfaction of the court before whom that conviction was | ||
had that he or she was released from imprisonment, upon | ||
either of the sentences upon a pardon granted for the | ||
reason that he or she was innocent, that conviction and | ||
sentence shall not be considered under this Section.
| ||
(b) When a defendant, over the age of 21 years, is | ||
convicted of a Class 1 or Class 2 felony, after having twice | ||
been convicted in any state or federal court of an offense that | ||
contains the same elements as an offense now (the date the | ||
Class 1 or Class 2 felony was committed) classified in Illinois | ||
as a Class 2 or greater Class felony and those charges are | ||
separately brought and tried and arise out of different series | ||
of acts, that defendant shall be sentenced as a Class X | ||
offender. This subsection does not apply unless: | ||
(1) the first felony was committed after February 1, | ||
1978 (the effective date of Public Act 80-1099); | ||
(2) the second felony was committed after conviction on | ||
the first; and | ||
(3) the third felony was committed after conviction on | ||
the second. | ||
A person sentenced as a Class X offender under this | ||
subsection (b) is not eligible to apply for treatment as a | ||
condition of probation as provided by Section 40-10 of the | ||
Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS | ||
301/40-10).
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(Source: P.A. 95-1052, eff. 7-1-09.) | ||
(730 ILCS 5/5-4.5-105 new) | ||
Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF | ||
18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. | ||
(a) On or after the effective date of this amendatory Act | ||
of the 99th General Assembly, when a person commits an offense | ||
and the person is under 18 years of age at the time of the | ||
commission of the offense, the court, at the sentencing hearing | ||
conducted under Section 5-4-1, shall consider the following | ||
additional factors in mitigation in determining the | ||
appropriate sentence: | ||
(1) the person's age, impetuosity, and level of | ||
maturity at the time of the offense, including the ability | ||
to consider risks and consequences of behavior, and the | ||
presence of cognitive or developmental disability, or | ||
both, if any; | ||
(2) whether the person was subjected to outside | ||
pressure, including peer pressure, familial pressure, or | ||
negative influences; | ||
(3) the person's family, home environment, educational | ||
and social background, including any history of parental | ||
neglect, physical abuse, or other childhood trauma; | ||
(4) the person's potential for rehabilitation or | ||
evidence of rehabilitation, or both; | ||
(5) the circumstances of the offense; | ||
(6) the person's degree of participation and specific | ||
role in the offense, including the level of planning by the | ||
defendant before the offense; | ||
(7) whether the person was able to meaningfully | ||
participate in his or her defense; | ||
(8) the person's prior juvenile or criminal history; | ||
and | ||
(9) any other information the court finds relevant and | ||
reliable, including an expression of remorse, if | ||
appropriate. However, if the person, on advice of counsel | ||
chooses not to make a statement, the court shall not | ||
consider a lack of an expression of remorse as an | ||
aggravating factor. | ||
(b) Except as provided in subsection (c), the court may | ||
sentence the defendant to any disposition authorized for the | ||
class of the offense of which he or she was found guilty as | ||
described in Article 4.5 of this Code, and may, in its | ||
discretion, decline to impose any otherwise applicable | ||
sentencing enhancement based upon firearm possession, | ||
possession with personal discharge, or possession with | ||
personal discharge that proximately causes great bodily harm, | ||
permanent disability, permanent disfigurement, or death to | ||
another person. | ||
(c) Notwithstanding any other provision of law, if the | ||
defendant is convicted of first degree murder and would | ||
otherwise be subject to sentencing under clause (iii), (iv), | ||
(v), or (vii) of subsection (c) of Section 5-8-1 of this Code | ||
based on the category of persons identified therein, the court | ||
shall impose a sentence of not less than 40 years of | ||
imprisonment. In addition, the court may, in its discretion, | ||
decline to impose the sentencing enhancements based upon the | ||
possession or use of a firearm during the commission of the | ||
offense included in subsection (d) of Section 5-8-1.
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(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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Sec. 5-8-1. Natural life imprisonment; enhancements for | ||
use of a firearm; mandatory supervised release terms.
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(a) Except as otherwise provided in the statute defining | ||
the offense or in Article 4.5 of Chapter V, a
sentence of | ||
imprisonment for a felony shall be a determinate sentence set | ||
by
the court under this Section, according to the following | ||
limitations:
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(1) for first degree murder,
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(a) (blank),
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(b) if a trier of fact finds beyond a reasonable
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doubt that the murder was accompanied by exceptionally
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brutal or heinous behavior indicative of wanton | ||
cruelty or, except as set forth
in subsection (a)(1)(c) | ||
of this Section, that any of the aggravating factors
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listed in subsection (b) or (b-5) of Section 9-1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 are
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present, the court may sentence the defendant, subject | ||
to Section 5-4.5-105, to a term of natural life
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imprisonment, or
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(c) the court shall sentence the defendant to a | ||
term of natural life
imprisonment when the death | ||
penalty is not imposed if the defendant, at the time of | ||
the commission of the murder, had attained the age of | ||
18, and
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(i) has previously been convicted of first | ||
degree murder under
any state or federal law, or
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(ii) is a person who, at the time of the | ||
commission of the murder,
had attained the age of | ||
17 or more and is found guilty of murdering an
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individual under 12 years of age; or, irrespective | ||
of the defendant's age at
the time of the | ||
commission of the offense, is found guilty of | ||
murdering more
than one victim, or
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(iii) is found guilty of murdering a peace | ||
officer, fireman, or emergency management worker | ||
when
the peace officer, fireman, or emergency | ||
management worker was killed in the course of | ||
performing his
official duties, or to prevent the | ||
peace officer or fireman from
performing his | ||
official duties, or in retaliation for the peace | ||
officer,
fireman, or emergency management worker | ||
from performing his official duties, and the | ||
defendant knew or should
have known that the | ||
murdered individual was a peace officer, fireman, | ||
or emergency management worker, or
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(iv) is found guilty of murdering an employee | ||
of an institution or
facility of the Department of | ||
Corrections, or any similar local
correctional | ||
agency, when the employee was killed in the course | ||
of
performing his official duties, or to prevent | ||
the employee from performing
his official duties, | ||
or in retaliation for the employee performing his
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official duties, or
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(v) is found guilty of murdering an emergency | ||
medical
technician - ambulance, emergency medical | ||
technician - intermediate, emergency
medical | ||
technician - paramedic, ambulance driver or other | ||
medical assistance or
first aid person while | ||
employed by a municipality or other governmental | ||
unit
when the person was killed in the course of | ||
performing official duties or
to prevent the | ||
person from performing official duties or in | ||
retaliation
for performing official duties and the | ||
defendant knew or should have known
that the | ||
murdered individual was an emergency medical | ||
technician - ambulance,
emergency medical | ||
technician - intermediate, emergency medical
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technician - paramedic, ambulance driver, or other | ||
medical
assistant or first aid personnel, or
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(vi) (blank), or is a person who, at the time | ||
of the commission of the murder,
had not attained | ||
the age of 17, and is found guilty of murdering a | ||
person under
12 years of age and the murder is | ||
committed during the course of aggravated
criminal | ||
sexual assault, criminal sexual assault, or | ||
aggravated kidnaping,
or
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(vii) is found guilty of first degree murder | ||
and the murder was
committed by reason of any | ||
person's activity as a community policing | ||
volunteer
or to prevent any person from engaging in | ||
activity as a community policing
volunteer. For | ||
the purpose of this Section, "community policing | ||
volunteer"
has the meaning ascribed to it in | ||
Section 2-3.5 of the Criminal Code of 2012.
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For purposes of clause (v), "emergency medical | ||
technician - ambulance",
"emergency medical technician - | ||
intermediate", "emergency medical technician -
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paramedic", have the meanings ascribed to them in the | ||
Emergency Medical
Services (EMS) Systems Act.
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(d) (i) if the person committed the offense while | ||
armed with a
firearm, 15 years shall be added to | ||
the term of imprisonment imposed by the
court;
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(ii) if, during the commission of the offense, | ||
the person
personally discharged a firearm, 20 | ||
years shall be added to the term of
imprisonment | ||
imposed by the court;
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(iii) if, during the commission of the | ||
offense, the person
personally discharged a | ||
firearm that proximately caused great bodily harm,
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permanent disability, permanent disfigurement, or | ||
death to another person, 25
years or up to a term | ||
of natural life shall be added to the term of
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imprisonment imposed by the court.
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(2) (blank);
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(2.5) for a person convicted under the circumstances | ||
described in subdivision (b)(1)(B) of Section 11-1.20 or
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paragraph (3) of subsection (b) of Section 12-13, | ||
subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | ||
subsection
(d) of Section 12-14, subdivision (b)(1.2) of | ||
Section 11-1.40 or paragraph (1.2) of subsection (b) of
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Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | ||
paragraph (2) of subsection (b) of Section 12-14.1
of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, the | ||
sentence shall be a term of natural life
imprisonment.
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(b) (Blank).
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(c) (Blank).
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(d) Subject to
earlier termination under Section 3-3-8, the | ||
parole or mandatory
supervised release term shall be written as | ||
part of the sentencing order and shall be as follows:
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(1) for first degree murder or a Class X felony except | ||
for the offenses of predatory criminal sexual assault of a | ||
child, aggravated criminal sexual assault, and criminal | ||
sexual assault if committed on or after the effective date | ||
of this amendatory Act of the 94th General Assembly and | ||
except for the offense of aggravated child pornography | ||
under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||
sentencing under subsection (c-5) of Section 11-20.1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, if | ||
committed on or after January 1, 2009, 3 years;
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(2) for a Class 1 felony or a Class 2 felony except for | ||
the offense of criminal sexual assault if committed on or | ||
after the effective date of this amendatory Act of the 94th | ||
General Assembly and except for the offenses of manufacture | ||
and dissemination of child pornography under clauses | ||
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, if committed on or | ||
after January 1, 2009, 2 years;
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(3) for a Class 3 felony or a Class 4 felony, 1 year;
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(4) for defendants who commit the offense of predatory | ||
criminal sexual assault of a child, aggravated criminal | ||
sexual assault, or criminal sexual assault, on or after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly, or who commit the offense of aggravated child | ||
pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||
with sentencing under subsection (c-5) of Section 11-20.1 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
manufacture of child pornography, or dissemination of | ||
child pornography after January 1, 2009, the term of | ||
mandatory supervised release shall range from a minimum of | ||
3 years to a maximum of the natural life of the defendant;
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(5) if the victim is under 18 years of age, for a | ||
second or subsequent
offense of aggravated criminal sexual | ||
abuse or felony criminal sexual abuse,
4 years, at least | ||
the first 2 years of which the defendant shall serve in an
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electronic home detention program under Article 8A of | ||
Chapter V of this Code;
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(6) for a felony domestic battery, aggravated domestic | ||
battery, stalking, aggravated stalking, and a felony | ||
violation of an order of protection, 4 years. | ||
(e) (Blank).
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(f) (Blank).
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(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||
96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | ||
7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, | ||
eff. 1-1-13; 97-1150, eff. 1-25-13.)
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