Full Text of HB1870 95th General Assembly
HB1870 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1870
Introduced 2/23/2007, by Rep. Ron Stephens SYNOPSIS AS INTRODUCED: |
|
730 ILCS 5/5-8-1 |
from Ch. 38, par. 1005-8-1 |
|
Amends the Unified Code of Corrections. Reenacts the provision of P.A. 89-203 that requires the court to impose a sentence of natural life imprisonment, when the death penalty is not imposed, on a defendant who
had attained the age of 17 or more and is found guilty of murdering an
individual under 12 years of age; which was held unconstitutional by the Illinois Supreme Court in People v. Wooters as violating the single subject clause of the Illinois Constitution.
|
| |
|
|
| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB1870 |
|
LRB095 09932 RLC 30144 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 1. Purpose. | 5 |
| (a) The General Assembly finds and declares that: | 6 |
| (1) Public Act 89-203, effective July 21, 1995, | 7 |
| contained provisions amending the Criminal Code of 1961 and | 8 |
| the Unified Code of Corrections. Public Act 89-203 also | 9 |
| contained other provisions, including revisions to the | 10 |
| Vehicle Code, the Counties Code, and the Code of Civil | 11 |
| Procedure. | 12 |
| (2) On November 18, 1999, the Illinois Supreme Court, | 13 |
| in People v. Wooters, 1999, 243 Ill. Dec. 33, 188 Ill.2d | 14 |
| 500, 722 N.E.2d 1102 ruled that Public Act 89-203 violates | 15 |
| the single subject clause of the Illinois Constitution | 16 |
| (Article IV, Section 8 (d)) and was unconstitutional in its | 17 |
| entirety. | 18 |
| (3) The provisions of Public Act 89-203 amending | 19 |
| Section 5-8-1 of the Unified Code of Corrections is of | 20 |
| vital concern to the people of this State and legislative | 21 |
| action concerning that provision of Public Act 89-203 is | 22 |
| necessary.
| 23 |
| (b) The purpose of this Act is to re-enact the provisions | 24 |
| of Section 5-8-1 of the Unified Code of Corrections of Public |
|
|
|
HB1870 |
- 2 - |
LRB095 09932 RLC 30144 b |
|
| 1 |
| Act 89-203, including subsequent amendments. This re-enactment | 2 |
| is intended to remove any question as to the validity or | 3 |
| content of those provisions. | 4 |
| (c) This Act re-enacts the provisions of Section 5-8-1 of | 5 |
| the Unified Code of Corrections added by Public Act 89-203, | 6 |
| including subsequent amendments, to remove any question as to | 7 |
| the validity or content of those provisions; it is not intended | 8 |
| to supersede any other Public Act that amends the text of the | 9 |
| Sections as set forth in this Act. The material is shown as | 10 |
| existing text (i.e., without underscoring).
| 11 |
| Section 5. The Unified Code of Corrections is amended by | 12 |
| reenacting Section 5-8-1 as follows:
| 13 |
| (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 14 |
| Sec. 5-8-1. Sentence of Imprisonment for Felony.
| 15 |
| (a) Except as otherwise provided in the statute defining | 16 |
| the offense, a
sentence of imprisonment for a felony shall be a | 17 |
| determinate sentence set by
the court under this Section, | 18 |
| according to the following limitations:
| 19 |
| (1) for first degree murder,
| 20 |
| (a) a term shall be not less than 20 years
and not | 21 |
| more than 60 years, or
| 22 |
| (b) if a trier of fact finds beyond a reasonable
| 23 |
| doubt that the murder was accompanied by exceptionally
| 24 |
| brutal or heinous behavior indicative of wanton |
|
|
|
HB1870 |
- 3 - |
LRB095 09932 RLC 30144 b |
|
| 1 |
| cruelty or, except as set forth
in subsection (a)(1)(c) | 2 |
| of this Section, that any of the aggravating factors
| 3 |
| listed in subsection (b) of Section 9-1 of the Criminal | 4 |
| Code of 1961 are
present, the court may sentence the | 5 |
| defendant to a term of natural life
imprisonment, or
| 6 |
| (c) the court shall sentence the defendant to a | 7 |
| term of natural life
imprisonment when the death | 8 |
| penalty is not imposed if the defendant,
| 9 |
| (i) has previously been convicted of first | 10 |
| degree murder under
any state or federal law, or
| 11 |
| (ii) is a person who, at the time of the | 12 |
| commission of the murder,
had attained the age of | 13 |
| 17 or more and is found guilty of murdering an
| 14 |
| individual under 12 years of age; or, irrespective | 15 |
| of the defendant's age at
the time of the | 16 |
| commission of the offense, is found guilty of | 17 |
| murdering more
than one victim, or
| 18 |
| (iii) is found guilty of murdering a peace | 19 |
| officer, fireman, or emergency management worker | 20 |
| when
the peace officer, fireman, or emergency | 21 |
| management worker was killed in the course of | 22 |
| performing his
official duties, or to prevent the | 23 |
| peace officer or fireman from
performing his | 24 |
| official duties, or in retaliation for the peace | 25 |
| officer,
fireman, or emergency management worker | 26 |
| from performing his official duties, and the |
|
|
|
HB1870 |
- 4 - |
LRB095 09932 RLC 30144 b |
|
| 1 |
| defendant knew or should
have known that the | 2 |
| murdered individual was a peace officer, fireman, | 3 |
| or emergency management worker, or
| 4 |
| (iv) is found guilty of murdering an employee | 5 |
| of an institution or
facility of the Department of | 6 |
| Corrections, or any similar local
correctional | 7 |
| agency, when the employee was killed in the course | 8 |
| of
performing his official duties, or to prevent | 9 |
| the employee from performing
his official duties, | 10 |
| or in retaliation for the employee performing his
| 11 |
| official duties, or
| 12 |
| (v) is found guilty of murdering an emergency | 13 |
| medical
technician - ambulance, emergency medical | 14 |
| technician - intermediate, emergency
medical | 15 |
| technician - paramedic, ambulance driver or other | 16 |
| medical assistance or
first aid person while | 17 |
| employed by a municipality or other governmental | 18 |
| unit
when the person was killed in the course of | 19 |
| performing official duties or
to prevent the | 20 |
| person from performing official duties or in | 21 |
| retaliation
for performing official duties and the | 22 |
| defendant knew or should have known
that the | 23 |
| murdered individual was an emergency medical | 24 |
| technician - ambulance,
emergency medical | 25 |
| technician - intermediate, emergency medical
| 26 |
| technician - paramedic, ambulance driver, or other |
|
|
|
HB1870 |
- 5 - |
LRB095 09932 RLC 30144 b |
|
| 1 |
| medical
assistant or first aid personnel, or
| 2 |
| (vi) is a person who, at the time of the | 3 |
| commission of the murder,
had not attained the age | 4 |
| of 17, and is found guilty of murdering a person | 5 |
| under
12 years of age and the murder is committed | 6 |
| during the course of aggravated
criminal sexual | 7 |
| assault, criminal sexual assault, or aggravated | 8 |
| kidnaping,
or
| 9 |
| (vii) is found guilty of first degree murder | 10 |
| and the murder was
committed by reason of any | 11 |
| person's activity as a community policing | 12 |
| volunteer
or to prevent any person from engaging in | 13 |
| activity as a community policing
volunteer. For | 14 |
| the purpose of this Section, "community policing | 15 |
| volunteer"
has the meaning ascribed to it in | 16 |
| Section 2-3.5 of the Criminal Code of 1961.
| 17 |
| For purposes of clause (v), "emergency medical | 18 |
| technician - ambulance",
"emergency medical technician - | 19 |
| intermediate", "emergency medical technician -
| 20 |
| paramedic", have the meanings ascribed to them in the | 21 |
| Emergency Medical
Services (EMS) Systems Act.
| 22 |
| (d) (i) if the person committed the offense while | 23 |
| armed with a
firearm, 15 years shall be added to | 24 |
| the term of imprisonment imposed by the
court;
| 25 |
| (ii) if, during the commission of the offense, | 26 |
| the person
personally discharged a firearm, 20 |
|
|
|
HB1870 |
- 6 - |
LRB095 09932 RLC 30144 b |
|
| 1 |
| years shall be added to the term of
imprisonment | 2 |
| imposed by the court;
| 3 |
| (iii) if, during the commission of the | 4 |
| offense, the person
personally discharged a | 5 |
| firearm that proximately caused great bodily harm,
| 6 |
| permanent disability, permanent disfigurement, or | 7 |
| death to another person, 25
years or up to a term | 8 |
| of natural life shall be added to the term of
| 9 |
| imprisonment imposed by the court.
| 10 |
| (1.5) for second degree murder, a term shall be not | 11 |
| less than 4 years
and not more than 20 years;
| 12 |
| (2) for a person adjudged a habitual criminal under | 13 |
| Article 33B of
the Criminal Code of 1961, as amended, the | 14 |
| sentence shall be a term of
natural life imprisonment;
| 15 |
| (2.5) for a person convicted under the circumstances | 16 |
| described in
paragraph (3) of subsection (b) of Section | 17 |
| 12-13, paragraph (2) of subsection
(d) of Section 12-14, | 18 |
| paragraph (1.2) of subsection (b) of
Section 12-14.1, or | 19 |
| paragraph (2) of subsection (b) of Section 12-14.1
of the | 20 |
| Criminal Code of 1961, the sentence shall be a term of | 21 |
| natural life
imprisonment;
| 22 |
| (3) except as otherwise provided in the statute | 23 |
| defining the
offense, for a Class X felony, the sentence | 24 |
| shall be not less than 6
years and not more than 30 years;
| 25 |
| (4) for a Class 1 felony, other than second degree | 26 |
| murder, the sentence
shall be not less than 4 years and not |
|
|
|
HB1870 |
- 7 - |
LRB095 09932 RLC 30144 b |
|
| 1 |
| more than 15 years;
| 2 |
| (5) for a Class 2 felony, the sentence shall be not | 3 |
| less than 3
years and not more than 7 years;
| 4 |
| (6) for a Class 3 felony, the sentence shall be not | 5 |
| less than 2
years and not more than 5 years;
| 6 |
| (7) for a Class 4 felony, the sentence shall be not | 7 |
| less than 1 year
and not more than 3 years.
| 8 |
| (b) The sentencing judge in each felony conviction shall | 9 |
| set forth
his reasons for imposing the particular sentence he | 10 |
| enters in the case,
as provided in Section 5-4-1 of this Code. | 11 |
| Those reasons may include
any mitigating or aggravating factors | 12 |
| specified in this Code, or the
lack of any such circumstances, | 13 |
| as well as any other such factors as the
judge shall set forth | 14 |
| on the record that are consistent with the
purposes and | 15 |
| principles of sentencing set out in this Code.
| 16 |
| (c) A motion to reduce a sentence may be made, or the court | 17 |
| may reduce
a sentence without motion, within 30 days after the | 18 |
| sentence is imposed.
A defendant's challenge to the correctness | 19 |
| of a sentence or to any aspect of
the sentencing hearing shall | 20 |
| be made by a written motion filed within 30 days
following the | 21 |
| imposition of sentence. However, the court may not increase a
| 22 |
| sentence once it is imposed.
| 23 |
| If a motion filed pursuant to this subsection is timely | 24 |
| filed within 30 days
after the sentence is imposed, the | 25 |
| proponent of the motion shall exercise due
diligence in seeking | 26 |
| a determination on the motion and the court shall
thereafter |
|
|
|
HB1870 |
- 8 - |
LRB095 09932 RLC 30144 b |
|
| 1 |
| decide such motion within a reasonable time.
| 2 |
| If a motion filed pursuant to this subsection is timely | 3 |
| filed within 30 days
after the sentence is imposed, then for | 4 |
| purposes of perfecting an appeal, a
final judgment shall not be | 5 |
| considered to have been entered until the motion to
reduce a | 6 |
| sentence has been decided by order entered by the trial court.
| 7 |
| A motion filed pursuant to this subsection shall not be | 8 |
| considered to have
been timely
filed unless it is filed with | 9 |
| the circuit court clerk within 30 days after
the sentence is | 10 |
| imposed together with a notice of motion, which notice of
| 11 |
| motion shall set the motion on the court's calendar on a date | 12 |
| certain within
a reasonable time after the date of filing.
| 13 |
| (d) Except where a term of natural life is imposed, every | 14 |
| sentence
shall include as though written therein a term in | 15 |
| addition to the term
of imprisonment. For those sentenced under | 16 |
| the law in effect prior to
February 1, 1978, such term shall be | 17 |
| identified as a parole
term. For those sentenced on or after | 18 |
| February 1, 1978, such term
shall be identified as a mandatory | 19 |
| supervised release term. Subject to
earlier termination under | 20 |
| Section 3-3-8, the parole or mandatory
supervised release term | 21 |
| shall be as follows:
| 22 |
| (1) for first degree murder or a Class X felony except | 23 |
| for the offenses of predatory criminal sexual assault of a | 24 |
| child, aggravated criminal sexual assault, and criminal | 25 |
| sexual assault if committed on or after the effective date | 26 |
| of this amendatory Act of the 94th General Assembly, 3 |
|
|
|
HB1870 |
- 9 - |
LRB095 09932 RLC 30144 b |
|
| 1 |
| years;
| 2 |
| (2) for a Class 1 felony or a Class 2 felony except for | 3 |
| the offense of criminal sexual assault if committed on or | 4 |
| after the effective date of this amendatory Act of the 94th | 5 |
| General Assembly, 2 years;
| 6 |
| (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 7 |
| (4) for defendants who commit the offense of predatory | 8 |
| criminal sexual assault of a child, aggravated criminal | 9 |
| sexual assault, or criminal sexual assault, on or after the | 10 |
| effective date of this amendatory Act of the 94th General | 11 |
| Assembly, the term of mandatory supervised release shall | 12 |
| range from a minimum of 3 years to a maximum of the natural | 13 |
| life of the defendant;
| 14 |
| (5) if the victim is under 18 years of age, for a | 15 |
| second or subsequent
offense of aggravated criminal sexual | 16 |
| abuse or felony criminal sexual abuse,
4 years, at least | 17 |
| the first 2 years of which the defendant shall serve in an
| 18 |
| electronic home detention program under Article 8A of | 19 |
| Chapter V of this Code.
| 20 |
| (e) A defendant who has a previous and unexpired sentence | 21 |
| of
imprisonment imposed by another state or by any district | 22 |
| court of the
United States and who, after sentence for a
crime | 23 |
| in Illinois, must return to serve the unexpired prior sentence | 24 |
| may
have his sentence by the Illinois court ordered to be | 25 |
| concurrent with
the prior sentence in the other state. The | 26 |
| court may order that any time
served on the unexpired portion |
|
|
|
HB1870 |
- 10 - |
LRB095 09932 RLC 30144 b |
|
| 1 |
| of the sentence in the other state,
prior to his return to | 2 |
| Illinois, shall be credited on his Illinois
sentence. The other | 3 |
| state shall be furnished with a copy of the order
imposing | 4 |
| sentence which shall provide that, when the offender is
| 5 |
| released from confinement of the other state, whether by parole | 6 |
| or by
termination of sentence, the offender shall be | 7 |
| transferred by the
Sheriff of the committing county to the | 8 |
| Illinois Department of
Corrections. The court shall cause the | 9 |
| Department of Corrections to be
notified of such sentence at | 10 |
| the time of commitment and to be provided
with copies of all | 11 |
| records regarding the sentence.
| 12 |
| (f) A defendant who has a previous and unexpired sentence | 13 |
| of imprisonment
imposed by an Illinois circuit court for a | 14 |
| crime in this State and who is
subsequently sentenced to a term | 15 |
| of imprisonment by another state or by
any district court of | 16 |
| the United States and who has served a term of
imprisonment | 17 |
| imposed by the other state or district court of the United
| 18 |
| States, and must return to serve the unexpired prior sentence | 19 |
| imposed by
the Illinois Circuit Court may apply to the court | 20 |
| which imposed sentence to
have his sentence reduced.
| 21 |
| The circuit court may order that any time served on the | 22 |
| sentence imposed
by the other state or district court of the | 23 |
| United States be credited on
his Illinois sentence. Such | 24 |
| application for reduction of a sentence under
this subsection | 25 |
| (f) shall be made within 30 days after the defendant has
| 26 |
| completed the sentence imposed by the other state or district |
|
|
|
HB1870 |
- 11 - |
LRB095 09932 RLC 30144 b |
|
| 1 |
| court of the
United States.
| 2 |
| (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | 3 |
| 94-715, eff. 12-13-05.)
|
|