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Public Act 099-0875 Public Act 0875 99TH GENERAL ASSEMBLY |
Public Act 099-0875 | HB5771 Enrolled | LRB099 16804 RLC 41151 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Unified Code of Corrections is amended by | changing Sections 5-4.5-105 and 5-8-1 as follows: | (730 ILCS 5/5-4.5-105) | 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 subparagraph (c) of paragraph (1) of | subsection (a) (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.
| (Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16 .)
| (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| Sec. 5-8-1. Natural life imprisonment; enhancements for | use of a firearm; mandatory supervised release terms.
| (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:
| (1) for first degree murder,
| (a) (blank),
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| (b) if a trier of fact finds beyond a reasonable
| doubt that the murder was accompanied by exceptionally
| 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
| listed in subsection (b) or (b-5) of Section 9-1 of the | Criminal Code of 1961 or the Criminal Code of 2012 are
| present, the court may sentence the defendant, subject | to Section 5-4.5-105, to a term of natural life
| imprisonment, or
| (c) the court shall sentence the defendant to a | term of natural life
imprisonment if the defendant, at | the time of the commission of the murder, had attained | the age of 18, and
| (i) has previously been convicted of first | degree murder under
any state or federal law, or
| (ii) is found guilty of murdering more
than one | victim, or
| (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
| (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
| official duties, or
| (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
| (vi) (blank), or
| (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.
| For purposes of clause (v), "emergency medical | technician - ambulance",
"emergency medical technician - | intermediate", "emergency medical technician -
| paramedic", have the meanings ascribed to them in the | Emergency Medical
Services (EMS) Systems Act.
| (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;
| (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;
| (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
| imprisonment imposed by the court.
| (2) (blank);
| (2.5) for a person who has attained the age of 18 years
| at the time of the commission of the offense and
who is | convicted under the circumstances described in subdivision | (b)(1)(B) of Section 11-1.20 or
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
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.
| (b) (Blank).
| (c) (Blank).
| (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:
| (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;
| (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;
| (3) for a Class 3 felony or a Class 4 felony, 1 year;
| (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;
| (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
| electronic home detention program under Article 8A of | Chapter V of this Code;
| (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).
| (f) (Blank).
| (Source: P.A. 99-69, eff. 1-1-16 .)
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Effective Date: 1/1/2017
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