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Full Text of SB2276  97th General Assembly

SB2276 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2276

 

Introduced 2/10/2011, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/8-4  from Ch. 38, par. 8-4
720 ILCS 5/9-1  from Ch. 38, par. 9-1
730 ILCS 5/5-8-1  from Ch. 38, par. 1005-8-1
725 ILCS 5/119-1 rep.

    Amends the Criminal Code of 1961 and the Unified Code of Corrections. Changes and limits the aggravating factors for which a person convicted of first degree murder may be sentenced to death. Provides for aggravating factors in which a person may be sentenced to natural life imprisonment. Provides that some aggravating factors for which the defendant may have been sentenced to death before the effective date of the amendatory Act may only be considered in determining whether the defendant may be sentenced to natural life imprisonment. Provides that if and only if Senate Bill 3539 of the 96th General Assembly becomes law, then the provisions of that bill abolishing the death penalty are repealed. Effective July 1, 2011.


LRB097 05758 RLC 50587 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2276LRB097 05758 RLC 50587 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 Criminal Code of 1961 is amended by changing
5Sections 8-4 and 9-1 as follows:
 
6    (720 ILCS 5/8-4)  (from Ch. 38, par. 8-4)
7    Sec. 8-4. Attempt.
8    (a) Elements of the offense.
9    A person commits the offense of attempt when, with intent
10to commit a specific offense, he or she does any act that
11constitutes a substantial step toward the commission of that
12offense.
13    (b) Impossibility.
14    It is not a defense to a charge of attempt that because of
15a misapprehension of the circumstances it would have been
16impossible for the accused to commit the offense attempted.
17    (c) Sentence.
18    A person convicted of attempt may be fined or imprisoned or
19both not to exceed the maximum provided for the offense
20attempted but, except for an attempt to commit the offense
21defined in Section 33A-2 of this Code:
22        (1) the sentence for attempt to commit first degree
23    murder is the sentence for a Class X felony, except that

 

 

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1            (A) an attempt to commit first degree murder when
2        at least one of the aggravating factors specified in
3        paragraphs (1) and , (2), and (12) of subsection (b) and
4        in paragraph (1) of subsection (c) of Section 9-1 is
5        present is a Class X felony for which the sentence
6        shall be a term of imprisonment of not less than 20
7        years and not more than 80 years;
8            (B) an attempt to commit first degree murder while
9        armed with a firearm is a Class X felony for which 15
10        years shall be added to the term of imprisonment
11        imposed by the court;
12            (C) an attempt to commit first degree murder during
13        which the person personally discharged a firearm is a
14        Class X felony for which 20 years shall be added to the
15        term of imprisonment imposed by the court;
16            (D) an attempt to commit first degree murder during
17        which the person personally discharged a firearm that
18        proximately caused great bodily harm, permanent
19        disability, permanent disfigurement, or death to
20        another person is a Class X felony for which 25 years
21        or up to a term of natural life shall be added to the
22        term of imprisonment imposed by the court; and
23            (E) if the defendant proves by a preponderance of
24        the evidence at sentencing that, at the time of the
25        attempted murder, he or she was acting under a sudden
26        and intense passion resulting from serious provocation

 

 

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1        by the individual whom the defendant endeavored to
2        kill, or another, and, had the individual the defendant
3        endeavored to kill died, the defendant would have
4        negligently or accidentally caused that death, then
5        the sentence for the attempted murder is the sentence
6        for a Class 1 felony;
7        (2) the sentence for attempt to commit a Class X felony
8    is the sentence for a Class 1 felony;
9        (3) the sentence for attempt to commit a Class 1 felony
10    is the sentence for a Class 2 felony;
11        (4) the sentence for attempt to commit a Class 2 felony
12    is the sentence for a Class 3 felony; and
13        (5) the sentence for attempt to commit any felony other
14    than those specified in items (1), (2), (3), and (4) of
15    this subsection (c) is the sentence for a Class A
16    misdemeanor.
17(Source: P.A. 96-710, eff. 1-1-10.)
 
18    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
19    Sec. 9-1. First degree Murder - Death penalties -
20Exceptions - Separate Hearings - Proof - Findings - Appellate
21procedures - Reversals.
22    (a) A person who kills an individual without lawful
23justification commits first degree murder if, in performing the
24acts which cause the death:
25        (1) he either intends to kill or do great bodily harm

 

 

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1    to that individual or another, or knows that such acts will
2    cause death to that individual or another; or
3        (2) he knows that such acts create a strong probability
4    of death or great bodily harm to that individual or
5    another; or
6        (3) he is attempting or committing a forcible felony
7    other than second degree murder.
8    (b) Aggravating Factors; Death Penalty. A defendant who at
9the time of the commission of the offense has attained the age
10of 18 or more and who has been found guilty of first degree
11murder may be sentenced to death if:
12        (1) the murdered individual was a peace officer, or
13    fireman, or emergency medical technician killed in the
14    course of performing his or her official duties, to prevent
15    the performance of his or her official duties, or in
16    retaliation for performing his or her official duties, and
17    the defendant knew or should have known that the murdered
18    individual was a peace officer, or fireman, or emergency
19    medical technician; or
20        (2) the murdered individual was an employee of an
21    institution or facility of the Department of Corrections,
22    or any similar local correctional agency, killed in the
23    course of performing his or her official duties, to prevent
24    the performance of his or her official duties, or in
25    retaliation for performing his or her official duties, or
26    the murdered individual was an inmate at such institution

 

 

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1    or facility and was killed on the grounds thereof, or the
2    murdered individual was otherwise present in such
3    institution or facility with the knowledge and approval of
4    the chief administrative officer thereof; or
5        (3) the defendant has been convicted of murdering 3 two
6    or more individuals under subsection (a) of this Section or
7    under any law of the United States or of any state which is
8    substantially similar to subsection (a) of this Section
9    regardless of whether the deaths occurred as the result of
10    3 or more separate and the same act or of several related
11    or unrelated acts so long as the deaths were the result of
12    either an intent to kill each more than one person or of
13    separate acts which the defendant knew would cause death or
14    create a strong probability of death or great bodily harm
15    to the murdered individual or another; or
16        (4) the murdered individual was:
17            (i) under 12 years of age, or
18            (ii) 60 years of age or older, or
19            (iii) a disabled person the defendant knew or
20        should have known to be disabled,
21    and the death resulted from exceptionally brutal or heinous
22    behavior indicative of wanton cruelty; or
23        (5) the murdered individual was killed in the course of
24    a sexually violent felony if:
25            (a) the murdered individual:
26                (i) was actually killed by the defendant, or

 

 

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1                (ii) received physical injuries personally
2            inflicted by the defendant substantially
3            contemporaneously with physical injuries caused by
4            one or more persons for whose conduct the defendant
5            is legally accountable under Section 5-2 of this
6            Code, and the physical injuries inflicted by
7            either the defendant or the other person or persons
8            for whose conduct he or she is legally accountable
9            caused the death of the murdered individual; and
10            (b) in performing the acts which caused the death
11        of the murdered individual or which resulted in
12        physical injuries personally inflicted by the
13        defendant on the murdered individual under the
14        circumstances of subdivision (a)(ii) of this paragraph
15        (5), the defendant acted with the intent to kill the
16        murdered individual or with the knowledge that his or
17        her acts created a strong probability of death or great
18        bodily harm to the murdered individual or another; or
19        (6) the defendant committed the murder with intent to
20    prevent the murdered individual from testifying or
21    participating in any criminal investigation or prosecution
22    or giving material assistance to the State in any
23    investigation or prosecution, either against the defendant
24    or another; or the defendant committed the murder because
25    the murdered individual was a witness in any prosecution or
26    gave material assistance to the State in any investigation

 

 

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1    or prosecution, either against the defendant or another;
2    for purposes of this paragraph (6), "participating in any
3    criminal investigation or prosecution" is intended to
4    include those appearing in the proceedings in any capacity
5    such as trial judges, prosecutors, defense attorneys,
6    investigators, witnesses, or jurors.
7    (c) Aggravating Factors; Natural Life Imprisonment. A
8defendant who at the time of the commission of the offense has
9attained the age of 18 or more and who has been found guilty of
10first degree murder may be sentenced to natural life
11imprisonment if:
12        (1) the murdered individual was an inmate of an
13    institution or facility of the Department of Corrections,
14    or any similar local correctional agency, and was killed on
15    the grounds thereof, or the murdered individual was
16    otherwise present in such institution or facility with the
17    knowledge and approval of the chief administrative officer
18    thereof; or
19        (2) (4) the murdered individual was killed as a result
20    of the hijacking of an airplane, train, ship, bus or other
21    public conveyance; or
22        (3) (5) the defendant committed the murder pursuant to
23    a contract, agreement or understanding by which he was to
24    receive money or anything of value in return for committing
25    the murder or procured another to commit the murder for
26    money or anything of value; or

 

 

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1        (4) (6) the murdered individual was killed in the
2    course of another felony if:
3            (a) the murdered individual:
4                (i) was actually killed by the defendant, or
5                (ii) received physical injuries personally
6            inflicted by the defendant substantially
7            contemporaneously with physical injuries caused by
8            one or more persons for whose conduct the defendant
9            is legally accountable under Section 5-2 of this
10            Code, and the physical injuries inflicted by
11            either the defendant or the other person or persons
12            for whose conduct he or she is legally accountable
13            caused the death of the murdered individual; and
14            (b) in performing the acts which caused the death
15        of the murdered individual or which resulted in
16        physical injuries personally inflicted by the
17        defendant on the murdered individual under the
18        circumstances of subdivision (ii) of subparagraph (a)
19        of paragraph (4) (6) of subsection (c) (b) of this
20        Section, the defendant acted with the intent to kill
21        the murdered individual or with the knowledge that his
22        acts created a strong probability of death or great
23        bodily harm to the murdered individual or another; and
24            (c) the other felony was an inherently violent
25        crime or the attempt to commit an inherently violent
26        crime. In this subparagraph (c), "inherently violent

 

 

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1        crime" includes, but is not limited to, armed robbery,
2        robbery, predatory criminal sexual assault of a child,
3        aggravated criminal sexual assault, aggravated
4        kidnapping, aggravated vehicular hijacking, aggravated
5        arson, aggravated stalking, residential burglary, and
6        home invasion; or
7        (7) the murdered individual was under 12 years of age
8    and the death resulted from exceptionally brutal or heinous
9    behavior indicative of wanton cruelty; or
10        (5) the defendant has been convicted of murdering two
11    or more individuals under subsection (a) of this Section or
12    under any law of the United States or of any state which is
13    substantially similar to subsection (a) of this Section in
14    which the deaths occurred as the result of the same act or
15    of several related acts so long as the deaths were the
16    result of either an intent to kill more than one person or
17    of separate acts which the defendant knew would cause death
18    or create a strong probability of death or great bodily
19    harm to the murdered individual or another; or
20        (6) the defendant has been convicted of murdering two
21    individuals under subsection (a) of this Section or under
22    any law of the United States or of any state which is
23    substantially similar to subsection (a) of this Section in
24    which the deaths occurred as the result of the two
25    unrelated acts so long as the deaths were the result of
26    either an intent to kill more than one person or of

 

 

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1    separate acts which the defendant knew would cause death or
2    create a strong probability of death or great bodily harm
3    to the murdered individual or another; or
4        (7) (8) the defendant committed the murder with intent
5    to prevent the murdered individual from testifying or
6    participating in any criminal investigation or prosecution
7    or giving material assistance to the State in any
8    investigation or prosecution, either against the defendant
9    or another; or the defendant committed the murder because
10    the murdered individual was a witness in any prosecution or
11    gave material assistance to the State in any investigation
12    or prosecution, either against the defendant or another;
13    for purposes of this paragraph (7) (8), "participating in
14    any criminal investigation or prosecution" is intended to
15    include those appearing in the proceedings in any capacity
16    such as trial judges, prosecutors, defense attorneys,
17    investigators, witnesses, or jurors; or
18        (8) (9) the defendant, while committing an offense
19    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
20    407 or 407.1 or subsection (b) of Section 404 of the
21    Illinois Controlled Substances Act, or while engaged in a
22    conspiracy or solicitation to commit such offense,
23    intentionally killed an individual or counseled,
24    commanded, induced, procured or caused the intentional
25    killing of the murdered individual; or
26        (9) (10) the defendant was incarcerated in an

 

 

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1    institution or facility of the Department of Corrections at
2    the time of the murder, and while committing an offense
3    punishable as a felony under Illinois law, or while engaged
4    in a conspiracy or solicitation to commit such offense,
5    intentionally killed an individual or counseled,
6    commanded, induced, procured or caused the intentional
7    killing of the murdered individual; or
8        (10) (11) the murder was committed in a cold,
9    calculated and premeditated manner pursuant to a
10    preconceived plan, scheme or design to take a human life by
11    unlawful means, and the conduct of the defendant created a
12    reasonable expectation that the death of a human being
13    would result therefrom; or
14        (12) the murdered individual was an emergency medical
15    technician - ambulance, emergency medical technician -
16    intermediate, emergency medical technician - paramedic,
17    ambulance driver, or other medical assistance or first aid
18    personnel, employed by a municipality or other
19    governmental unit, killed in the course of performing his
20    official duties, to prevent the performance of his official
21    duties, or in retaliation for performing his official
22    duties, and the defendant knew or should have known that
23    the murdered individual was an emergency medical
24    technician - ambulance, emergency medical technician -
25    intermediate, emergency medical technician - paramedic,
26    ambulance driver, or other medical assistance or first aid

 

 

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1    personnel; or
2        (11) (13) the defendant was a principal administrator,
3    organizer, or leader of a calculated criminal drug
4    conspiracy consisting of a hierarchical position of
5    authority superior to that of all other members of the
6    conspiracy, and the defendant counseled, commanded,
7    induced, procured, or caused the intentional killing of the
8    murdered person; or
9        (12) (14) the murder was intentional and involved the
10    infliction of torture. For the purpose of this Section
11    torture means the infliction of or subjection to extreme
12    physical pain, motivated by an intent to increase or
13    prolong the pain, suffering or agony of the victim; or
14        (13) (15) the murder was committed as a result of the
15    intentional discharge of a firearm by the defendant from a
16    motor vehicle and the victim was not present within the
17    motor vehicle; or
18        (16) the murdered individual was 60 years of age or
19    older and the death resulted from exceptionally brutal or
20    heinous behavior indicative of wanton cruelty; or
21        (17) the murdered individual was a disabled person and
22    the defendant knew or should have known that the murdered
23    individual was disabled. For purposes of this paragraph
24    (17), "disabled person" means a person who suffers from a
25    permanent physical or mental impairment resulting from
26    disease, an injury, a functional disorder, or a congenital

 

 

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1    condition that renders the person incapable of adequately
2    providing for his or her own health or personal care; or
3        (14) (18) the murder was committed by reason of any
4    person's activity as a community policing volunteer or to
5    prevent any person from engaging in activity as a community
6    policing volunteer; or
7        (15) (19) the murdered individual was subject to an
8    order of protection and the murder was committed by a
9    person against whom the same order of protection was issued
10    under the Illinois Domestic Violence Act of 1986; or
11        (16) (20) the murdered individual was known by the
12    defendant to be a teacher or other person employed in any
13    school and the teacher or other employee is upon the
14    grounds of a school or grounds adjacent to a school, or is
15    in any part of a building used for school purposes; or
16        (17) (21) the murder was committed by the defendant in
17    connection with or as a result of the offense of terrorism
18    as defined in Section 29D-14.9 of this Code; or .
19        (18) (b-5) Aggravating Factor; Natural Life
20    Imprisonment. A defendant who has been found guilty of
21    first degree murder and who at the time of the commission
22    of the offense had attained the age of 18 years or more may
23    be sentenced to natural life imprisonment if (i) the
24    murdered individual was: (i) a physician, physician
25    assistant, psychologist, nurse, or advanced practice
26    nurse, (ii) a person whom the defendant knew or should have

 

 

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1    known that the murdered individual was a physician,
2    physician assistant, psychologist, nurse, or advanced
3    practice nurse, and (iii) the murdered individual was
4    killed in the course of acting in his or her capacity as a
5    physician, physician assistant, psychologist, nurse, or
6    advanced practice nurse, or to prevent him or her from
7    acting in that capacity, or in retaliation for his or her
8    acting in that capacity; or .
9        (19) the murdered individual was a public official and
10    was killed because of his or her status as a public
11    official. For purposes of this paragraph (19), "public
12    official" means a person who is elected to office in
13    accordance with a statute or who is appointed to an office
14    which is established, and the qualifications and duties of
15    which are prescribed, by statute, to discharge a public
16    duty for the State or any of its political subdivisions or
17    in the case of an elective office any person who has filed
18    the required documents for nomination or election to such
19    office.
20     (d) (c) Consideration of factors in Aggravation and
21Mitigation.
22    The court shall consider, or shall instruct the jury to
23consider any aggravating and any mitigating factors which are
24relevant to the imposition of the death penalty. Aggravating
25factors may include but need not be limited to those factors
26set forth in subsection (b). Mitigating factors may include but

 

 

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1need not be limited to the following:
2        (1) the defendant has no significant history of prior
3    criminal activity;
4        (2) the murder was committed while the defendant was
5    under the influence of extreme mental or emotional
6    disturbance, although not such as to constitute a defense
7    to prosecution;
8        (3) the murdered individual was a participant in the
9    defendant's homicidal conduct or consented to the
10    homicidal act;
11        (4) the defendant acted under the compulsion of threat
12    or menace of the imminent infliction of death or great
13    bodily harm;
14        (5) the defendant was not personally present during
15    commission of the act or acts causing death;
16        (6) the defendant's background includes a history of
17    extreme emotional or physical abuse;
18        (7) the defendant suffers from a reduced mental
19    capacity.
20    (e) (d) Separate sentencing hearing.
21    Where requested by the State, the court shall conduct a
22separate sentencing proceeding to determine the existence of
23factors set forth in subsection (b) and to consider any
24aggravating or mitigating factors as indicated in subsection
25(c). The proceeding shall be conducted:
26        (1) before the jury that determined the defendant's

 

 

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1    guilt; or
2        (2) before a jury impanelled for the purpose of the
3    proceeding if:
4            A. the defendant was convicted upon a plea of
5        guilty; or
6            B. the defendant was convicted after a trial before
7        the court sitting without a jury; or
8            C. the court for good cause shown discharges the
9        jury that determined the defendant's guilt; or
10        (3) before the court alone if the defendant waives a
11    jury for the separate proceeding.
12    (f) (e) Evidence and Argument.
13    During the proceeding any information relevant to any of
14the factors set forth in subsection (b) may be presented by
15either the State or the defendant under the rules governing the
16admission of evidence at criminal trials. Any information
17relevant to any additional aggravating factors or any
18mitigating factors indicated in subsection (c) may be presented
19by the State or defendant regardless of its admissibility under
20the rules governing the admission of evidence at criminal
21trials. The State and the defendant shall be given fair
22opportunity to rebut any information received at the hearing.
23    (g) (f) Proof.
24    The burden of proof of establishing the existence of any of
25the factors set forth in subsection (b) is on the State and
26shall not be satisfied unless established beyond a reasonable

 

 

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1doubt.
2    (h) (g) Procedure - Jury.
3    If at the separate sentencing proceeding the jury finds
4that none of the factors set forth in subsection (b) exists,
5the court shall sentence the defendant to a term of
6imprisonment under Chapter V of the Unified Code of
7Corrections. If there is a unanimous finding by the jury that
8one or more of the factors set forth in subsection (b) exist,
9the jury shall consider aggravating and mitigating factors as
10instructed by the court and shall determine whether the
11sentence of death shall be imposed. If the jury determines
12unanimously, after weighing the factors in aggravation and
13mitigation, that death is the appropriate sentence, the court
14shall sentence the defendant to death. If the court does not
15concur with the jury determination that death is the
16appropriate sentence, the court shall set forth reasons in
17writing including what facts or circumstances the court relied
18upon, along with any relevant documents, that compelled the
19court to non-concur with the sentence. This document and any
20attachments shall be part of the record for appellate review.
21The court shall be bound by the jury's sentencing
22determination.
23    If after weighing the factors in aggravation and
24mitigation, one or more jurors determines that death is not the
25appropriate sentence, the court shall sentence the defendant to
26a term of imprisonment under Chapter V of the Unified Code of

 

 

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1Corrections.
2    (i) (h) Procedure - No Jury.
3    In a proceeding before the court alone, if the court finds
4that none of the factors found in subsection (b) exists, the
5court shall sentence the defendant to a term of imprisonment
6under Chapter V of the Unified Code of Corrections.
7    If the Court determines that one or more of the factors set
8forth in subsection (b) exists, the Court shall consider any
9aggravating and mitigating factors as indicated in subsection
10(c). If the Court determines, after weighing the factors in
11aggravation and mitigation, that death is the appropriate
12sentence, the Court shall sentence the defendant to death.
13    If the court finds that death is not the appropriate
14sentence, the court shall sentence the defendant to a term of
15imprisonment under Chapter V of the Unified Code of
16Corrections.
17    (j) (h-5) Decertification as a capital case.
18    In a case in which the defendant has been found guilty of
19first degree murder by a judge or jury, or a case on remand for
20resentencing, and the State seeks the death penalty as an
21appropriate sentence, on the court's own motion or the written
22motion of the defendant, the court may decertify the case as a
23death penalty case if the court finds that the only evidence
24supporting the defendant's conviction is the uncorroborated
25testimony of an informant witness, as defined in Section 115-21
26of the Code of Criminal Procedure of 1963, concerning the

 

 

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1confession or admission of the defendant or that the sole
2evidence against the defendant is a single eyewitness or single
3accomplice without any other corroborating evidence. If the
4court decertifies the case as a capital case under either of
5the grounds set forth above, the court shall issue a written
6finding. The State may pursue its right to appeal the
7decertification pursuant to Supreme Court Rule 604(a)(1). If
8the court does not decertify the case as a capital case, the
9matter shall proceed to the eligibility phase of the sentencing
10hearing.
11    (k) (i) Appellate Procedure.
12    The conviction and sentence of death shall be subject to
13automatic review by the Supreme Court. Such review shall be in
14accordance with rules promulgated by the Supreme Court. The
15Illinois Supreme Court may overturn the death sentence, and
16order the imposition of imprisonment under Chapter V of the
17Unified Code of Corrections if the court finds that the death
18sentence is fundamentally unjust as applied to the particular
19case. If the Illinois Supreme Court finds that the death
20sentence is fundamentally unjust as applied to the particular
21case, independent of any procedural grounds for relief, the
22Illinois Supreme Court shall issue a written opinion explaining
23this finding.
24    (l) (j) Disposition of reversed death sentence.
25    In the event that the death penalty in this Act is held to
26be unconstitutional by the Supreme Court of the United States

 

 

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1or of the State of Illinois, any person convicted of first
2degree murder shall be sentenced by the court to a term of
3imprisonment under Chapter V of the Unified Code of
4Corrections.
5    In the event that any death sentence pursuant to the
6sentencing provisions of this Section is declared
7unconstitutional by the Supreme Court of the United States or
8of the State of Illinois, the court having jurisdiction over a
9person previously sentenced to death shall cause the defendant
10to be brought before the court, and the court shall sentence
11the defendant to a term of imprisonment under Chapter V of the
12Unified Code of Corrections.
13    (m) (k) Guidelines for seeking the death penalty.
14    The Attorney General and State's Attorneys Association
15shall consult on voluntary guidelines for procedures governing
16whether or not to seek the death penalty. The guidelines do not
17have the force of law and are only advisory in nature.
18    (n) For purposes of paragraph (b)(4), "disabled person"
19means a person who suffers from a permanent physical or mental
20impairment resulting from disease, an injury, a functional
21disorder, or a congenital condition that renders the person
22incapable of adequately providing for his or her own health or
23personal care.
24    For purposes of paragraph (b)(1), "emergency medical
25technician" means an emergency medical technician-ambulance,
26emergency medical technician-intermediate, emergency medical

 

 

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1technician-paramedic, ambulance driver, or other medical
2assistance or first aid personnel, employed by a municipality
3or other governmental unit.
4    For purposes of paragraph (b)(5), "sexually violent
5felony" means committing or the attempt to commit a sexually
6violent felony, which includes, but is not limited to,
7predatory criminal sexual assault of a child, aggravated
8criminal sexual assault, criminal sexual assault and
9aggravated criminal sexual abuse; or
10(Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
 
11    Section 10. The Unified Code of Corrections is amended by
12changing 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. Natural life imprisonment; enhancements for
15use of a firearm; mandatory supervised release terms.
16    (a) Except as otherwise provided in the statute defining
17the offense or in Article 4.5 of Chapter V, a sentence of
18imprisonment for a felony shall be a determinate sentence set
19by the court under this Section, according to the following
20limitations:
21        (1) for first degree murder,
22            (a) (blank),
23            (b) if a trier of fact finds beyond a reasonable
24        doubt that the murder was accompanied by exceptionally

 

 

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1        brutal or heinous behavior indicative of wanton
2        cruelty or, except as set forth in subsection (a)(1)(c)
3        of this Section, that any of the aggravating factors
4        listed in subsection (b) or (c) (b-5) of Section 9-1 of
5        the Criminal Code of 1961 are present, the court may
6        sentence the defendant to a term of natural life
7        imprisonment, or
8            (c) the court shall sentence the defendant to a
9        term of natural life imprisonment when the death
10        penalty is not imposed if the defendant,
11                (i) has previously been convicted of first
12            degree murder under any state or federal law, or
13                (ii) is a person who, at the time of the
14            commission of the murder, had attained the age of
15            17 or more and is found guilty of murdering an
16            individual under 12 years of age; or, irrespective
17            of the defendant's age at the time of the
18            commission of the offense, is found guilty of
19            murdering more than one victim, or
20                (iii) is found guilty of murdering a peace
21            officer, fireman, or emergency management worker
22            when the peace officer, fireman, or emergency
23            management worker was killed in the course of
24            performing his or her official duties, or to
25            prevent the peace officer or fireman from
26            performing his or her official duties, or in

 

 

SB2276- 23 -LRB097 05758 RLC 50587 b

1            retaliation for the peace officer, fireman, or
2            emergency management worker from performing his or
3            her official duties, and the defendant knew or
4            should have known that the murdered individual was
5            a peace officer, fireman, or emergency management
6            worker, or
7                (iv) is found guilty of murdering an employee
8            of an institution or facility of the Department of
9            Corrections, or any similar local correctional
10            agency, when the employee was killed in the course
11            of performing his or her official duties, or to
12            prevent the employee from performing his or her
13            official duties, or in retaliation for the
14            employee performing his or her official duties, or
15                (v) is found guilty of murdering an emergency
16            medical technician - ambulance, emergency medical
17            technician - intermediate, emergency medical
18            technician - paramedic, ambulance driver or other
19            medical assistance or first aid person while
20            employed by a municipality or other governmental
21            unit when the person was killed in the course of
22            performing official duties or to prevent the
23            person from performing official duties or in
24            retaliation for performing official duties and the
25            defendant knew or should have known that the
26            murdered individual was an emergency medical

 

 

SB2276- 24 -LRB097 05758 RLC 50587 b

1            technician - ambulance, emergency medical
2            technician - intermediate, emergency medical
3            technician - paramedic, ambulance driver, or other
4            medical assistant or first aid personnel, or
5                (vi) is a person who, at the time of the
6            commission of the murder, had not attained the age
7            of 17, and is found guilty of murdering a person
8            under 12 years of age and the murder is committed
9            during the course of aggravated criminal sexual
10            assault, criminal sexual assault, or aggravated
11            kidnaping, or
12                (vii) is found guilty of first degree murder
13            and the murder was committed by reason of any
14            person's activity as a community policing
15            volunteer or to prevent any person from engaging in
16            activity as a community policing volunteer. For
17            the purpose of this Section, "community policing
18            volunteer" has the meaning ascribed to it in
19            Section 2-3.5 of the Criminal Code of 1961.
20            For purposes of clause (v), "emergency medical
21        technician - ambulance", "emergency medical technician -
22         intermediate", "emergency medical technician -
23        paramedic", have the meanings ascribed to them in the
24        Emergency Medical Services (EMS) Systems Act.
25            (d) (i) if the person committed the offense while
26            armed with a firearm, 15 years shall be added to

 

 

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

 

 

SB2276- 26 -LRB097 05758 RLC 50587 b

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

 

 

SB2276- 27 -LRB097 05758 RLC 50587 b

1    second or subsequent offense of aggravated criminal sexual
2    abuse or felony criminal sexual abuse, 4 years, at least
3    the first 2 years of which the defendant shall serve in an
4    electronic home detention program under Article 8A of
5    Chapter V of this Code;
6        (6) for a felony domestic battery, aggravated domestic
7    battery, stalking, aggravated stalking, and a felony
8    violation of an order of protection, 4 years.
9    (e) (Blank).
10    (f) (Blank).
11(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
1296-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff.
137-22-10; 96-1475, eff. 1-1-11; revised 9-16-10.)
 
14    (725 ILCS 5/119-1 rep.)
15    Section 15. If and only if Senate Bill 3539 of the 96th
16General Assembly becomes law, the Code of Criminal Procedure of
171963 is amended by repealing Section 119-1.
 
18    Section 99. Effective date. This Act takes effect July 1,
192011.