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Public Act 096-1475 | ||||
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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 1961 is amended by changing | ||||
Section 9-1 as follows: | ||||
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||
Sec. 9-1. First degree Murder - Death penalties - | ||||
Exceptions - Separate
Hearings - Proof - Findings - Appellate | ||||
procedures - Reversals.
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(a) A person who kills an individual without lawful | ||||
justification commits
first degree murder if, in performing the | ||||
acts which cause the death:
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(1) he either intends to kill or do great bodily harm | ||||
to that
individual or another, or knows that such acts will | ||||
cause death to that
individual or another; or
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(2) he knows that such acts create a strong probability | ||||
of death or
great bodily harm to that individual or | ||||
another; or
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(3) he is attempting or committing a forcible felony | ||||
other than
second degree murder.
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(b) Aggravating Factors. A defendant who at the time of the
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commission of the offense has attained the age of 18 or more | ||||
and who has
been found guilty of first degree murder may be |
sentenced to death if:
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(1) the murdered individual was a peace officer or | ||
fireman killed in
the course of performing his official | ||
duties, to prevent the performance
of his official duties, | ||
or in retaliation for performing his official
duties, and | ||
the defendant knew or
should have known that the murdered | ||
individual was a peace officer or
fireman; or
| ||
(2) the murdered individual was an employee of an | ||
institution or
facility of the Department of Corrections, | ||
or any similar local
correctional agency, killed in the | ||
course of performing his official
duties, to prevent the | ||
performance of his official duties, or in
retaliation for | ||
performing his official duties, or the murdered
individual | ||
was an inmate at such institution or facility and was | ||
killed on the
grounds thereof, or the murdered individual | ||
was otherwise present in such
institution or facility with | ||
the knowledge and approval of the chief
administrative | ||
officer thereof; or
| ||
(3) the defendant has been convicted of murdering two | ||
or more
individuals under subsection (a) of this Section or | ||
under any law of the
United States or of any state which is | ||
substantially similar to
subsection (a) of this Section | ||
regardless of whether the deaths
occurred as the result of | ||
the same act or of several related or
unrelated acts so | ||
long as the deaths were the result of either an intent
to | ||
kill more than one person or of separate acts which
the |
defendant knew would cause death or create a strong | ||
probability of
death or great bodily harm to the murdered | ||
individual or another; or
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(4) the murdered individual was killed as a result of | ||
the
hijacking of an airplane, train, ship, bus or other | ||
public conveyance; or
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(5) the defendant committed the murder pursuant to a | ||
contract,
agreement or understanding by which he was to | ||
receive money or anything
of value in return for committing | ||
the murder or procured another to
commit the murder for | ||
money or anything of value; or
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(6) the murdered individual was killed in the course of | ||
another felony if:
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(a) the murdered individual:
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(i) was actually killed by the defendant, or
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(ii) received physical injuries personally | ||
inflicted by the defendant
substantially | ||
contemporaneously with physical injuries caused by | ||
one or
more persons for whose conduct the defendant | ||
is legally accountable under
Section 5-2 of this | ||
Code, and the physical injuries inflicted by | ||
either
the defendant or the other person or persons | ||
for whose conduct he is legally
accountable caused | ||
the death of the murdered individual; and
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(b) in performing the acts which caused the death | ||
of the murdered
individual or which resulted in |
physical injuries personally inflicted by
the | ||
defendant on the murdered individual under the | ||
circumstances of
subdivision (ii) of subparagraph (a) | ||
of paragraph (6) of subsection (b) of
this Section, the | ||
defendant acted with the intent to kill the murdered
| ||
individual or with the knowledge that his acts created | ||
a strong probability
of death or great bodily harm to | ||
the murdered individual or another; and
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(c) the other felony was an inherently violent | ||
crime
or the attempt to commit an inherently
violent | ||
crime.
In this subparagraph (c), "inherently violent | ||
crime" includes, but is not
limited to, armed robbery, | ||
robbery, predatory criminal sexual assault of a
child,
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aggravated criminal sexual assault, aggravated | ||
kidnapping, aggravated vehicular
hijacking,
aggravated | ||
arson, aggravated stalking, residential burglary, and | ||
home
invasion; or
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(7) the murdered individual was under 12 years of age | ||
and the
death resulted from exceptionally brutal or heinous | ||
behavior indicative of
wanton cruelty; or
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(8) the defendant committed the murder with intent to
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prevent the murdered individual from testifying or | ||
participating in any
criminal investigation or prosecution
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or giving material assistance to the State in any | ||
investigation or
prosecution, either against the defendant | ||
or another; or the defendant
committed the murder because |
the murdered individual was a witness in any
prosecution or | ||
gave material assistance to the State in any investigation
| ||
or prosecution, either against the defendant or another;
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for purposes of this paragraph (8), "participating in any | ||
criminal
investigation
or prosecution" is intended to | ||
include those appearing in the proceedings in
any capacity | ||
such as trial judges, prosecutors, defense attorneys,
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investigators, witnesses, or jurors; or
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(9) the defendant, while committing an offense | ||
punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||
407 or 407.1 or subsection (b) of
Section
404 of the | ||
Illinois Controlled Substances Act, or while engaged in a
| ||
conspiracy or solicitation to commit such offense, | ||
intentionally killed an
individual or counseled, | ||
commanded, induced, procured or caused the
intentional | ||
killing of the murdered individual; or
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(10) the defendant was incarcerated in an institution | ||
or facility of
the Department of Corrections at the time of | ||
the murder, and while
committing an offense punishable as a | ||
felony under Illinois law, or while
engaged in a conspiracy | ||
or solicitation to commit such offense,
intentionally | ||
killed an individual or counseled, commanded, induced,
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procured or caused the intentional killing of the murdered | ||
individual; or
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(11) the murder was committed in a cold, calculated and | ||
premeditated
manner pursuant to a preconceived plan, |
scheme or design to take a human
life by unlawful means, | ||
and the conduct of the defendant created a
reasonable | ||
expectation that the death of a human being would result
| ||
therefrom; or
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(12) the murdered individual was an emergency medical | ||
technician -
ambulance, emergency medical technician - | ||
intermediate, emergency medical
technician - paramedic, | ||
ambulance driver, or
other medical assistance or first aid | ||
personnel, employed by a municipality
or other | ||
governmental unit, killed in the course of performing his | ||
official
duties, to prevent the performance of his official | ||
duties, or in retaliation
for performing his 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
technician - paramedic, | ||
ambulance driver, or
other medical assistance or first aid | ||
personnel; or
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(13) the defendant was a principal administrator, | ||
organizer, or leader
of a calculated criminal drug | ||
conspiracy consisting of a hierarchical position
of | ||
authority superior to that of all other members of the | ||
conspiracy, and the
defendant counseled, commanded, | ||
induced, procured, or caused the intentional
killing of the | ||
murdered person;
or
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(14) the murder was intentional and involved the |
infliction of torture.
For
the purpose of this Section | ||
torture means the infliction of or subjection to
extreme | ||
physical pain, motivated by an intent to increase or | ||
prolong the pain,
suffering or agony of the victim; or
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(15) the murder was committed as a result of the | ||
intentional discharge
of a firearm by the defendant from a | ||
motor vehicle and the victim was not
present within the | ||
motor vehicle; or
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(16) the murdered individual was 60 years of age or | ||
older and the death
resulted
from exceptionally brutal or | ||
heinous behavior indicative of wanton cruelty; or
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(17) the murdered individual was a disabled person and | ||
the defendant knew
or
should have known that the murdered | ||
individual was disabled. For purposes of
this paragraph | ||
(17), "disabled person" means a person who suffers from a
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permanent physical or mental impairment resulting from | ||
disease, an injury,
a functional disorder, or a congenital | ||
condition that renders the person
incapable of
adequately | ||
providing for his or her own health or personal care; or
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(18) 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; or
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(19) the murdered individual was subject to an order of | ||
protection and the
murder was committed by a person against | ||
whom the same order of protection was
issued under the |
Illinois Domestic Violence Act of 1986; or
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(20) the murdered individual was known by the defendant | ||
to be a teacher or
other person employed in any school and | ||
the teacher or other employee is upon
the grounds of a | ||
school or grounds adjacent to a school, or is in any part | ||
of a
building used for school purposes; or
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(21) the murder was committed by the defendant in | ||
connection with or as
a
result of the offense of terrorism | ||
as defined in Section 29D-14.9 of this
Code.
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(b-5) Aggravating Factor; Natural Life Imprisonment. A | ||
defendant who has been found guilty of first degree murder and | ||
who at the time of the commission of the offense had attained | ||
the age of 18 years or more may be sentenced to natural life | ||
imprisonment if
(i) the murdered individual was a physician, | ||
physician assistant, psychologist, nurse, or advanced practice | ||
nurse, (ii) the defendant knew or should have
known that the | ||
murdered individual was a physician, physician assistant, | ||
psychologist, nurse, or advanced practice nurse, and (iii) the | ||
murdered individual was killed in the course of acting in his | ||
or her capacity as a physician, physician assistant, | ||
psychologist, nurse, or advanced practice nurse, or to prevent | ||
him or her from acting in that capacity, or in retaliation
for | ||
his or her acting in that capacity. | ||
(c) Consideration of factors in Aggravation and | ||
Mitigation.
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The court shall consider, or shall instruct the jury to |
consider any
aggravating and any mitigating factors which are | ||
relevant to the
imposition of the death penalty. Aggravating | ||
factors may include but
need not be limited to those factors | ||
set forth in subsection (b).
Mitigating factors may include but | ||
need not be limited to the following:
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(1) the defendant has no significant history of prior | ||
criminal
activity;
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(2) the murder was committed while the defendant was | ||
under
the influence of extreme mental or emotional | ||
disturbance, although not such
as to constitute a defense | ||
to prosecution;
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(3) the murdered individual was a participant in the
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defendant's homicidal conduct or consented to the | ||
homicidal act;
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(4) the defendant acted under the compulsion of threat | ||
or
menace of the imminent infliction of death or great | ||
bodily harm;
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(5) the defendant was not personally present during
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commission of the act or acts causing death;
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(6) the defendant's background includes a history of | ||
extreme emotional
or physical abuse;
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(7) the defendant suffers from a reduced mental | ||
capacity.
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(d) Separate sentencing hearing.
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Where requested by the State, the court shall conduct a | ||
separate
sentencing proceeding to determine the existence of |
factors set forth in
subsection (b) and to consider any | ||
aggravating or mitigating factors as
indicated in subsection | ||
(c). The proceeding shall be conducted:
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(1) before the jury that determined the defendant's | ||
guilt; or
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(2) before a jury impanelled for the purpose of the | ||
proceeding if:
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A. the defendant was convicted upon a plea of | ||
guilty; or
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B. the defendant was convicted after a trial before | ||
the court
sitting without a jury; or
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C. the court for good cause shown discharges the | ||
jury that
determined the defendant's guilt; or
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(3) before the court alone if the defendant waives a | ||
jury
for the separate proceeding.
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(e) Evidence and Argument.
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During the proceeding any information relevant to any of | ||
the factors
set forth in subsection (b) may be presented by | ||
either the State or the
defendant under the rules governing the | ||
admission of evidence at
criminal trials. Any information | ||
relevant to any additional aggravating
factors or any | ||
mitigating factors indicated in subsection (c) may be
presented | ||
by the State or defendant regardless of its admissibility
under | ||
the rules governing the admission of evidence at criminal | ||
trials.
The State and the defendant shall be given fair | ||
opportunity to rebut any
information received at the hearing.
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(f) Proof.
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The burden of proof of establishing the existence of any of | ||
the
factors set forth in subsection (b) is on the State and | ||
shall not be
satisfied unless established beyond a reasonable | ||
doubt.
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(g) Procedure - Jury.
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If at the separate sentencing proceeding the jury finds | ||
that none of
the factors set forth in subsection (b) exists, | ||
the court shall sentence
the defendant to a term of | ||
imprisonment under Chapter V of the Unified
Code of | ||
Corrections. If there is a unanimous finding by the jury that
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one or more of the factors set forth in subsection (b) exist, | ||
the jury
shall consider aggravating and mitigating factors as | ||
instructed by the
court and shall determine whether the | ||
sentence of death shall be
imposed. If the jury determines | ||
unanimously, after weighing the factors in
aggravation and | ||
mitigation, that death is the appropriate sentence, the court | ||
shall sentence the defendant to death.
If the court does not | ||
concur with the jury determination that death is the
| ||
appropriate sentence, the court shall set forth reasons in | ||
writing
including what facts or circumstances the court relied | ||
upon,
along with any relevant
documents, that compelled the | ||
court to non-concur with the sentence. This
document and any | ||
attachments shall be part of the record for appellate
review. | ||
The court shall be bound by the jury's sentencing | ||
determination.
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If after weighing the factors in aggravation and | ||
mitigation, one or more
jurors determines that death is not the | ||
appropriate sentence,
the
court shall sentence the defendant to | ||
a term of imprisonment under
Chapter V of the Unified Code of | ||
Corrections.
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(h) Procedure - No Jury.
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In a proceeding before the court alone, if the court finds | ||
that none
of the factors found in subsection (b) exists, the | ||
court shall sentence
the defendant to a term of imprisonment | ||
under Chapter V of the Unified
Code of Corrections.
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If the Court determines that one or more of the factors set | ||
forth in
subsection (b) exists, the Court shall consider any | ||
aggravating and
mitigating factors as indicated in subsection | ||
(c). If the Court
determines, after weighing the factors in | ||
aggravation and mitigation, that
death is the appropriate | ||
sentence, the Court shall sentence the
defendant to death.
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If
the court finds that death is not the
appropriate | ||
sentence, the
court shall sentence the defendant to a term of | ||
imprisonment under
Chapter V of the Unified Code of | ||
Corrections.
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(h-5) Decertification as a capital case.
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In a case in which the defendant has been found guilty of | ||
first degree murder
by a judge or jury, or a case on remand for | ||
resentencing, and the State seeks
the death penalty as an | ||
appropriate
sentence,
on the court's own motion or the written | ||
motion of the defendant, the court
may decertify the case as a |
death penalty case if the court finds that the only
evidence | ||
supporting the defendant's conviction is the uncorroborated | ||
testimony
of an informant witness, as defined in Section 115-21 | ||
of the Code of Criminal
Procedure of 1963, concerning the | ||
confession or admission of the defendant or
that the sole | ||
evidence against the defendant is a single eyewitness or single
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accomplice without any other corroborating evidence.
If the | ||
court decertifies the case as a capital case
under either of | ||
the grounds set forth above, the court shall issue a
written | ||
finding. The State may pursue its right to appeal the | ||
decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||
the court does not
decertify the case as a capital case, the | ||
matter shall proceed to the
eligibility phase of the sentencing | ||
hearing.
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(i) Appellate Procedure.
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The conviction and sentence of death shall be subject to | ||
automatic
review by the Supreme Court. Such review shall be in | ||
accordance with
rules promulgated by the Supreme Court.
The | ||
Illinois Supreme Court may overturn the death sentence, and | ||
order the
imposition of imprisonment under Chapter V of the | ||
Unified Code of
Corrections if the court finds that the death | ||
sentence is fundamentally
unjust as applied to the particular | ||
case.
If the Illinois Supreme Court finds that the
death | ||
sentence is fundamentally unjust as applied to the particular | ||
case,
independent of any procedural grounds for relief, the | ||
Illinois Supreme Court
shall issue a written opinion explaining |
this finding.
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(j) Disposition of reversed death sentence.
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In the event that the death penalty in this Act is held to | ||
be
unconstitutional by the Supreme Court of the United States | ||
or of the
State of Illinois, any person convicted of first | ||
degree murder shall be
sentenced by the court to a term of | ||
imprisonment under Chapter V of the
Unified Code of | ||
Corrections.
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In the event that any death sentence pursuant to the | ||
sentencing
provisions of this Section is declared | ||
unconstitutional by the Supreme
Court of the United States or | ||
of the State of Illinois, the court having
jurisdiction over a | ||
person previously sentenced to death shall cause the
defendant | ||
to be brought before the court, and the court shall sentence
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the defendant to a term of imprisonment under Chapter V of the
| ||
Unified Code of Corrections.
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(k) Guidelines for seeking the death penalty.
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The Attorney General and
State's Attorneys Association | ||
shall consult on voluntary guidelines for
procedures governing | ||
whether or not to seek the death penalty. The guidelines
do not
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have the force of law and are only advisory in nature.
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(Source: P.A. 96-710, eff. 1-1-10.) | ||
Section 10. The Unified Code of Corrections is amended by | ||
changing Section 5-8-1 as follows: |
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) | ||
Sec. 5-8-1. Natural life imprisonment; mandatory | ||
supervised release. | ||
(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), | ||
(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 are
present, the court may | ||
sentence the defendant to a term of natural life
| ||
imprisonment, or | ||
(c) the court shall sentence the defendant to a | ||
term of natural life
imprisonment when the death | ||
penalty is not imposed if the defendant, | ||
(i) has previously been convicted of first | ||
degree murder under
any state or federal law, or | ||
(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
| ||
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 | ||
(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
| ||
technician - paramedic, ambulance driver, or other | ||
medical
assistant or first aid personnel, or | ||
(vi) 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 | ||
(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 1961. | ||
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,
| ||
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 convicted under the circumstances | ||
described in
paragraph (3) of subsection (b) of Section |
12-13, paragraph (2) of subsection
(d) of Section 12-14, | ||
paragraph (1.2) of subsection (b) of
Section 12-14.1, or | ||
paragraph (2) of subsection (b) of Section 12-14.1
of the | ||
Criminal Code of 1961, 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 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 11-20.3 of the Criminal Code of 1961, 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, 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, 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. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; | ||
96-282, eff. 1-1-10; revised 9-4-09.)
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