97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5471

 

Introduced 2/15/2012, by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-8-1  from Ch. 38, par. 1005-8-1

    Amends the Unified Code of Corrections. Provides that the court shall (rather than may) sentence the defendant to a term of natural life imprisonment if the defendant is a person who, at the time of the commission of the murder, has reached the age of 18 or more and is found guilty of first degree murder and the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5471LRB097 15783 RLC 63006 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-8-1 as follows:
 
6    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
7    Sec. 5-8-1. Natural life imprisonment; enhancements for
8use of a firearm; mandatory supervised release terms.
9    (a) Except as otherwise provided in the statute defining
10the offense or in Article 4.5 of Chapter V, a sentence of
11imprisonment for a felony shall be a determinate sentence set
12by the court under this Section, according to the following
13limitations:
14        (1) for first degree murder,
15            (a) (blank),
16            (b) if a trier of fact finds beyond a reasonable
17        doubt that the murder was accompanied by exceptionally
18        brutal or heinous behavior indicative of wanton
19        cruelty or, except as set forth in subsection (a)(1)(c)
20        of this Section, that any of the aggravating factors
21        listed in subsection (b) or (b-5) of Section 9-1 of the
22        Criminal Code of 1961 are present, the court may
23        sentence the defendant to a term of natural life

 

 

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1        imprisonment, or
2            (c) the court shall sentence the defendant to a
3        term of natural life imprisonment when the death
4        penalty is not imposed if the defendant,
5                (i) has previously been convicted of first
6            degree murder under any state or federal law, or
7                (ii) is a person who, at the time of the
8            commission of the murder, had attained the age of
9            17 or more and is found guilty of murdering an
10            individual under 12 years of age; or, irrespective
11            of the defendant's age at the time of the
12            commission of the offense, is found guilty of
13            murdering more than one victim, or
14                (iii) is found guilty of murdering a peace
15            officer, fireman, or emergency management worker
16            when the peace officer, fireman, or emergency
17            management worker was killed in the course of
18            performing his official duties, or to prevent the
19            peace officer or fireman from performing his
20            official duties, or in retaliation for the peace
21            officer, fireman, or emergency management worker
22            from performing his official duties, and the
23            defendant knew or should have known that the
24            murdered individual was a peace officer, fireman,
25            or emergency management worker, or
26                (iv) is found guilty of murdering an employee

 

 

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1            of an institution or facility of the Department of
2            Corrections, or any similar local correctional
3            agency, when the employee was killed in the course
4            of performing his official duties, or to prevent
5            the employee from performing his official duties,
6            or in retaliation for the employee performing his
7            official duties, or
8                (v) is found guilty of murdering an emergency
9            medical technician - ambulance, emergency medical
10            technician - intermediate, emergency medical
11            technician - paramedic, ambulance driver or other
12            medical assistance or first aid person while
13            employed by a municipality or other governmental
14            unit when the person was killed in the course of
15            performing official duties or to prevent the
16            person from performing official duties or in
17            retaliation for performing official duties and the
18            defendant knew or should have known that the
19            murdered individual was an emergency medical
20            technician - ambulance, emergency medical
21            technician - intermediate, emergency medical
22            technician - paramedic, ambulance driver, or other
23            medical assistant or first aid personnel, or
24                (vi) is a person who, at the time of the
25            commission of the murder, had not attained the age
26            of 17, and is found guilty of murdering a person

 

 

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1            under 12 years of age and the murder is committed
2            during the course of aggravated criminal sexual
3            assault, criminal sexual assault, or aggravated
4            kidnaping, or
5                (vii) is found guilty of first degree murder
6            and the murder was committed by reason of any
7            person's activity as a community policing
8            volunteer or to prevent any person from engaging in
9            activity as a community policing volunteer. For
10            the purpose of this Section, "community policing
11            volunteer" has the meaning ascribed to it in
12            Section 2-3.5 of the Criminal Code of 1961, or .
13                (viii) is a person who, at the time of the
14            commission of the murder, has reached the age of 18
15            or more and is found guilty of first degree murder
16            and the murder was accompanied by exceptionally
17            brutal or heinous behavior indicative of wanton
18            cruelty.
19            For purposes of clause (v), "emergency medical
20        technician - ambulance", "emergency medical technician -
21         intermediate", "emergency medical technician -
22        paramedic", have the meanings ascribed to them in the
23        Emergency Medical Services (EMS) Systems Act.
24            (d) (i) if the person committed the offense while
25            armed with a firearm, 15 years shall be added to
26            the term of imprisonment imposed by the court;

 

 

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1                (ii) if, during the commission of the offense,
2            the person personally discharged a firearm, 20
3            years shall be added to the term of imprisonment
4            imposed by the court;
5                (iii) if, during the commission of the
6            offense, the person personally discharged a
7            firearm that proximately caused great bodily harm,
8            permanent disability, permanent disfigurement, or
9            death to another person, 25 years or up to a term
10            of natural life shall be added to the term of
11            imprisonment imposed by the court.
12        (2) (blank);
13        (2.5) for a person convicted under the circumstances
14    described in subdivision (b)(1)(B) of Section 11-1.20 or
15    paragraph (3) of subsection (b) of Section 12-13,
16    subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
17    subsection (d) of Section 12-14, subdivision (b)(1.2) of
18    Section 11-1.40 or paragraph (1.2) of subsection (b) of
19    Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or
20    paragraph (2) of subsection (b) of Section 12-14.1 of the
21    Criminal Code of 1961, the sentence shall be a term of
22    natural life imprisonment.
23    (b) (Blank).
24    (c) (Blank).
25    (d) Subject to earlier termination under Section 3-3-8, the
26parole or mandatory supervised release term shall be written as

 

 

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1part of the sentencing order and shall be as follows:
2        (1) for first degree murder or a Class X felony except
3    for the offenses of predatory criminal sexual assault of a
4    child, aggravated criminal sexual assault, and criminal
5    sexual assault if committed on or after the effective date
6    of this amendatory Act of the 94th General Assembly and
7    except for the offense of aggravated child pornography
8    under Section 11-20.1B or 11-20.3 of the Criminal Code of
9    1961, if committed on or after January 1, 2009, 3 years;
10        (2) for a Class 1 felony or a Class 2 felony except for
11    the offense of criminal sexual assault if committed on or
12    after the effective date of this amendatory Act of the 94th
13    General Assembly and except for the offenses of manufacture
14    and dissemination of child pornography under clauses
15    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
16    of 1961, if committed on or after January 1, 2009, 2 years;
17        (3) for a Class 3 felony or a Class 4 felony, 1 year;
18        (4) for defendants who commit the offense of predatory
19    criminal sexual assault of a child, aggravated criminal
20    sexual assault, or criminal sexual assault, on or after the
21    effective date of this amendatory Act of the 94th General
22    Assembly, or who commit the offense of aggravated child
23    pornography, manufacture of child pornography, or
24    dissemination of child pornography after January 1, 2009,
25    the term of mandatory supervised release shall range from a
26    minimum of 3 years to a maximum of the natural life of the

 

 

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1    defendant;
2        (5) if the victim is under 18 years of age, for a
3    second or subsequent offense of aggravated criminal sexual
4    abuse or felony criminal sexual abuse, 4 years, at least
5    the first 2 years of which the defendant shall serve in an
6    electronic home detention program under Article 8A of
7    Chapter V of this Code;
8        (6) for a felony domestic battery, aggravated domestic
9    battery, stalking, aggravated stalking, and a felony
10    violation of an order of protection, 4 years.
11    (e) (Blank).
12    (f) (Blank).
13(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
1496-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.
157-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; revised
169-14-11.)