Public Act 099-0069
 
HB2471 EnrolledLRB099 04989 RLC 25018 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Criminal Code of 2012 is amended  by changing 
Sections 10-2, 11-1.20, 11-1.30, 11-1.40, 12-33, 29D-14.9, and 
29D-35 as follows:
 



    (720 ILCS 5/10-2)  (from Ch. 38, par. 10-2)



    Sec. 10-2. Aggravated kidnaping. 

    (a) A person commits the offense of
aggravated kidnaping 
when he or she commits kidnapping and:


        (1) kidnaps with the intent to obtain ransom from the 
    person
kidnaped or from any other person;


        (2) takes as his or her victim a child under the age of 
    13 years, or a severely or profoundly intellectually 
    disabled person;


        (3) inflicts great bodily harm, other than by the 
    discharge of a
firearm, or commits another felony upon his 
    or her
victim;


        (4) wears a hood, robe, or mask or conceals his or her 
    identity;


        (5) commits the offense of kidnaping while armed with a 
    dangerous
weapon, other than a firearm, as defined in 
    Section 33A-1 of this
Code;


        (6) commits the offense of kidnaping while armed with a 
    firearm;


        (7) during the commission of the offense of kidnaping, 
    personally
discharges a firearm; or


        (8) during the commission of the offense of kidnaping, 
    personally discharges
 a firearm that proximately causes 
    great bodily harm, permanent
disability, permanent 
    disfigurement, or death to another person.

    As used in this Section, "ransom" includes money, benefit, 
or other
valuable thing or concession.

    (b) Sentence. Aggravated kidnaping
in violation of 
paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a 
Class X felony.
A violation of subsection (a)(6) is a Class X 
felony for which 15 years
shall be added to the term of 
imprisonment imposed by the court. A violation of
subsection 
(a)(7) is a Class X felony for which 20 years shall be added to 
the
term of imprisonment imposed by the court. A violation of 
subsection (a)(8) is
a Class X felony for which 25 years or up 
to a term of natural life shall be
added to the term of 
imprisonment imposed by the court. An offender under the age of 
18 years at the time of the commission of aggravated kidnaping 
in violation of paragraphs (1) through (8) of subsection (a) 
shall be sentenced under Section 5-4.5-105 of the Unified Code 
of Corrections.

    A person who has attained the age of 18 years at the time 
of the commission of the offense and who is convicted of a 
second or subsequent offense of
aggravated kidnaping shall be 
sentenced to a term of natural life imprisonment; except
 that a 
sentence of natural life imprisonment shall not be
imposed 
under this Section unless the second or subsequent offense was

committed after conviction on the first offense. An offender 
under the age of 18 years at the time of the commission of the 
second or subsequent offense shall be sentenced under Section 
5-4.5-105 of the Unified Code of Corrections. 

(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)

 


    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)



    Sec. 11-1.20. Criminal Sexual Assault. 

    (a) A person commits criminal sexual assault if that person 
commits an act of sexual penetration and:
        (1) uses force or threat of force;
        (2) knows that the victim is unable to understand the 
    nature of the act or is unable to give knowing consent;
        (3) is a family member of the victim, and the victim is 
    under 18 years of age; or
        (4) is 17 years of age or over and holds a position of 
    trust, authority, or supervision in relation to the victim, 
    and the victim is at least 13 years of age but under 18 
    years of age.





    (b) Sentence.  


        (1) Criminal sexual assault is a Class 1 felony, except 
    that:  


            (A) A person who is convicted of the offense of 
        criminal sexual assault as
defined in paragraph (a)(1) 
        or (a)(2) after having previously been convicted of
the 
        offense of criminal sexual assault or the offense of 
        exploitation of a child, or who is convicted of the 
        offense of
criminal sexual assault as defined in 
        paragraph (a)(1) or (a)(2) after having
previously 
        been convicted under the laws of this State or any 
        other state of an
offense that is substantially 
        equivalent to the offense of criminal sexual
assault or 
        to the offense of exploitation of a child, commits a 
        Class X felony for which the person shall be sentenced 
        to a
term of imprisonment of not less than 30 years and 
        not more than 60 years, except that if the person is 
        under the age of 18 years at the time of the offense, 
        he or she shall be sentenced under Section 5-4.5-105 of 
        the Unified Code of Corrections.  The
commission of the 
        second or subsequent offense is required to have been 
        after
the initial conviction for this paragraph (A) to 
        apply.


            (B) A person who has attained the age of 18 years 
        at the time of the commission of the offense and who is 
        convicted of the offense of criminal sexual assault as

        defined in paragraph (a)(1) or (a)(2) after having 
        previously been convicted of
the offense of aggravated 
        criminal sexual assault or the offense of predatory

        criminal sexual assault of a child, or who is convicted 
        of the offense of
criminal sexual assault as defined in 
        paragraph (a)(1) or (a)(2) after having
previously 
        been convicted under the laws of this State or any 
        other state of an
offense that is substantially 
        equivalent to the offense of aggravated criminal

        sexual assault or the offense of predatory criminal 
        sexual assault of a child shall be
sentenced to a term 
        of natural life imprisonment.  The commission of the 
        second
or subsequent offense is required to have been 
        after the initial conviction for
this paragraph (B) to 
        apply. An offender under the age of 18 years at the 
        time of the commission of the offense covered by this 
        subparagraph (B) shall be sentenced under Section 
        5-4.5-105 of the Unified Code of Corrections. 


            (C) A second or subsequent conviction for a 
        violation of paragraph
(a)(3) or (a)(4) or under any 
        similar statute of this State
or any other state for 
        any offense involving criminal sexual assault that is

        substantially equivalent to or more serious than the 
        sexual assault prohibited
under paragraph (a)(3) or 
        (a)(4) is a Class X felony. 


(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)

 

    (720 ILCS 5/11-1.30)  (was 720 ILCS 5/12-14)

    Sec. 11-1.30. Aggravated Criminal Sexual Assault. 

    (a) A person commits aggravated criminal sexual assault if 
that person commits criminal sexual assault and any of the 
following aggravating circumstances exist during the 
commission of the offense or, for purposes of paragraph (7), 
occur as part of the same course of conduct as the commission 
of the offense:
        (1) the person displays, threatens to use, or uses a 
    dangerous weapon, other than a firearm, or any other object 
    fashioned or used in a manner that leads the victim, under 
    the circumstances, reasonably to believe that the object is 
    a dangerous weapon;
        (2) the person causes bodily harm to the victim, except 
    as provided in paragraph (10);
        (3) the person acts in a manner that threatens or 
    endangers the life of the victim or any other person;
        (4) the person commits the criminal sexual assault 
    during the course of committing or attempting to commit any 
    other felony;
        (5) the victim is 60 years of age or older;
        (6) the victim is a physically handicapped person;
        (7) the person delivers (by injection, inhalation, 
    ingestion, transfer of possession, or any other means) any 
    controlled substance to the victim without the victim's 
    consent or by threat or deception for other than medical 
    purposes;
        (8) the person is armed with a firearm;
        (9) the person personally discharges a firearm during 
    the commission of the offense; or
        (10) the person personally discharges a firearm during 
    the commission of the offense, and that discharge 
    proximately causes great bodily harm, permanent 
    disability, permanent disfigurement, or death to another 
    person.











    (b) A person commits aggravated criminal sexual assault if

that person is under 17 years of age and: (i) commits an act of

sexual penetration with a victim who is under 9 years of age; 
or (ii) commits an act of sexual penetration with a victim
who 
is at least 9 years of age but under 13 years of age and  the 
person uses force or threat of force to commit the act.

    (c) A person commits aggravated criminal sexual assault if 
that person commits an act of sexual penetration with a victim 
who is a severely or
profoundly intellectually disabled person.

    (d) Sentence.


        (1) Aggravated criminal sexual assault in violation of 
    paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) 
    or in violation of
subsection (b) or
(c) is a Class X 
    felony.
A violation of subsection (a)(1) is a Class X 
    felony for which 10 years shall
be added to the term of 
    imprisonment imposed by the court. A violation of

    subsection (a)(8) is a Class X felony for which 15 years 
    shall be added to the
term of imprisonment imposed by the 
    court.  A violation of
subsection (a)(9) is a Class X felony 
    for which 20 years shall be added to the
term of 
    imprisonment imposed by the court. A violation of 
    subsection (a)(10) is
a Class X felony for which 25 years 
    or up to a term of natural life
imprisonment shall be added 
    to
the term of imprisonment imposed by the court. An 
    offender under the age of 18 years at the time of the 
    commission of aggravated criminal sexual assault in 
    violation of paragraphs (1) through (10) of subsection (a) 
    shall be sentenced under Section 5-4.5-105 of the Unified 
    Code of Corrections. 


        (2) A person who has attained the age of 18 years at 
    the time of the commission of the offense and who is 
    convicted of a second or subsequent offense of
aggravated 
    criminal sexual assault, or who is convicted of the offense 
    of
aggravated
criminal sexual assault after having 
    previously been convicted of the offense
of criminal sexual 
    assault or the offense of predatory criminal sexual assault

    of a child, or who is convicted of the offense of 
    aggravated criminal sexual
assault after having previously 
    been convicted under the laws of this or any
other state of 
    an offense that is substantially equivalent to the offense 
    of
criminal sexual
assault, the offense of aggravated 
    criminal sexual assault or the offense of
predatory 
    criminal sexual assault of a child, shall be sentenced to a 
    term of
natural life imprisonment.
The commission of the 
    second or subsequent offense is required to have been
after 
    the initial conviction for this paragraph (2) to apply. An 
    offender under the age of 18 years at the time of the 
    commission of the offense covered by this paragraph (2) 
    shall be sentenced under Section 5-4.5-105 of the Unified 
    Code of Corrections. 

(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. 
1-1-12; 97-1109, eff. 1-1-13.)

 



    (720 ILCS 5/11-1.40)
  (was 720 ILCS 5/12-14.1)

    Sec. 11-1.40. Predatory criminal sexual assault of a child. 

    (a) A person commits predatory criminal sexual assault of a 
child if that person is 17 years of age or older, and commits 
an act of contact, however slight, between the sex organ or 
anus of one person and the part of the body of another for the 
purpose of sexual gratification or arousal of the victim or the 
accused, or an act of sexual penetration, and:
        (1) the victim is under 13 years of age; or
        (2) the victim is under 13 years of age and that 
    person:
            (A) is armed with a firearm;
            (B) personally discharges a firearm during the 
        commission of the offense;
            (C) causes great bodily harm to the victim that:
                (i) results in permanent disability; or
                (ii) is life threatening; or
            (D) delivers (by injection, inhalation, ingestion, 
        transfer of possession, or any other means) any 
        controlled substance to the victim without the 
        victim's consent or by threat or deception, for other 
        than medical purposes.








    (b) Sentence.

        (1) A person convicted of a violation of subsection 
    (a)(1)
commits a Class X felony, for which the person shall 
    be sentenced to a term of imprisonment of not less than 6 
    years and not more than 60 years.
A person convicted of a 
    violation of subsection (a)(2)(A) commits a Class X
felony 
    for which 15 years shall be added to the term of 
    imprisonment imposed by
the court. A person convicted of a 
    violation of subsection (a)(2)(B) commits a
Class X felony 
    for which 20 years shall be added to the term of 
    imprisonment
imposed by the court.  A person who has     
    attained the age of 18 years at the time of the commission 
    of the offense and who is convicted of a violation of 
    subsection (a)(2)(C)
commits a Class X felony for which the 
    person shall be sentenced to a term of
imprisonment of not 
    less than 50 years or up to a term of natural life

    imprisonment. An offender under the age of 18 years at the 
    time of the commission of predatory criminal sexual assault 
    of a child in violation of subsections (a)(1), (a)(2)(A), 
    (a)(2)(B), and (a)(2)(C) shall be sentenced under Section 
    5-4.5-105 of the Unified Code of Corrections. 

        (1.1) A person convicted of a violation of subsection 
    (a)(2)(D) commits a
Class X felony for which the person

    shall be
sentenced to a
term of imprisonment of not less 
    than 50 years and not more than 60 years. An offender under 
    the age of 18 years at the time of the commission of 
    predatory criminal sexual assault of a child in violation 
    of subsection (a)(2)(D) shall be sentenced under Section 
    5-4.5-105 of the Unified Code of Corrections. 

        (1.2) A person who has attained the age of 18 years at 
    the time of the commission of the offense and convicted of 
    predatory criminal sexual assault of a child
committed

    against 2 or more persons regardless of whether the 
    offenses occurred as the
result of the same act or of 
    several related or unrelated acts shall be
sentenced to a 
    term of natural life imprisonment and an offender under the 
    age of 18 years at the time of the commission of the 
    offense shall be sentenced under Section 5-4.5-105 of the 
    Unified Code of Corrections.

        (2) A person who has attained the age of 18 years at 
    the time of the commission of the offense and who is 
    convicted of a second or subsequent offense of
predatory 
    criminal sexual assault of a child, or who is convicted of 
    the
offense of
predatory criminal sexual assault of a child 
    after having previously been
convicted of the offense of 
    criminal sexual assault or the offense of
aggravated 
    criminal sexual assault, or who is convicted of the offense 
    of
predatory criminal sexual assault of a child after 
    having previously been
convicted under the laws of this 
    State
or any other state of an offense that is 
    substantially equivalent to the
offense
of predatory 
    criminal sexual assault of a child, the offense of 
    aggravated
criminal sexual assault or the offense of 
    criminal sexual assault, shall be
sentenced to a term of 
    natural life imprisonment.
The commission of the second or 
    subsequent offense is required to have been
after the 
    initial conviction for this paragraph (2) to apply. An 
    offender under the age of 18 years at the time of the 
    commission of the offense covered by this paragraph (2) 
    shall be sentenced under Section 5-4.5-105 of the Unified 
    Code of Corrections. 

(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; 
98-903, eff. 8-15-14.)
 


    (720 ILCS 5/12-33)  (from Ch. 38, par. 12-33)




    Sec. 12-33. Ritualized abuse of a child. 

    (a) A person commits ritualized abuse of a child when he or 
she
knowingly commits any of the following acts with, upon, or 
in the presence of a child
as part of a ceremony, rite or any 
similar observance:


        (1) actually or in simulation, tortures, mutilates, or 
    sacrifices any
warm-blooded animal or human being;


        (2) forces ingestion, injection or other application 
    of any narcotic,
drug, hallucinogen or anaesthetic for the 
    purpose of dulling sensitivity,
cognition, recollection 
    of, or resistance to any criminal activity;


        (3) forces ingestion, or external application, of 
    human or animal
urine, feces, flesh, blood, bones, body 
    secretions, nonprescribed drugs or
chemical compounds;


        (4) involves the child in a mock, unauthorized or 
    unlawful marriage
ceremony with another person or 
    representation of any force or deity,
followed by sexual 
    contact with the child;


        (5) places a living child into a coffin or open grave 
    containing a
human corpse or remains;


        (6) threatens death or serious harm to a child, his or 
    her parents, family,
pets, or friends that instills a 
    well-founded fear in the child that the
threat will be 
    carried out; or


        (7) unlawfully dissects, mutilates, or incinerates a 
    human corpse.

    (b) The provisions of this Section shall not be construed 
to apply to:


        (1) lawful agricultural, animal husbandry, food 
    preparation, or wild
game hunting and fishing practices and 
    specifically the branding or
identification of livestock;


        (2) the lawful medical practice of male circumcision or 
    any ceremony
related to male circumcision;


        (3) any state or federally approved, licensed, or 
    funded research project;
or


        (4) the ingestion of animal flesh or blood in the 
    performance of a
religious service or ceremony.

    (b-5) For the purposes of this Section, "child" means any 
person under 18 years of age. 
    (c) Ritualized abuse of a child is a Class 1 felony for a 
first
offense.  A second or subsequent conviction for ritualized 
abuse of a child
is a Class X felony for which an offender who 
has attained the age of 18 years at the time of the commission 
of the offense the offender may be sentenced to a term of

natural life imprisonment and an offender under the age of 18 
years at the time of the commission of the offense shall be 
sentenced under Section 5-4.5-105 of the Unified Code of 
Corrections.

    (d) (Blank).

(Source: P.A. 96-1551, eff. 7-1-11.)

 



    (720 ILCS 5/29D-14.9)
  (was 720 ILCS 5/29D-30)


    Sec. 29D-14.9. Terrorism. 

    (a) A person commits the offense of terrorism when, with 
the intent to
intimidate or coerce a significant portion of a 
civilian population:


        (1) he or she knowingly commits a terrorist act as 
    defined in Section
29D-10(1) of this Code within this

    State; or


        (2) he or she, while outside this State, knowingly 
    commits a terrorist
act as defined in Section 29D-10(1) of 
    this Code that takes effect within this
State or produces 
    substantial
detrimental effects within this State.

    (b) Sentence. Terrorism is a Class X felony. If no deaths 
are caused by the
terrorist act, the sentence
shall be a term 
of 20 years to natural life imprisonment;
if the terrorist act 
caused the death of one or more persons, however, a mandatory 
term
of natural life imprisonment shall be the sentence if the 
death
penalty is not imposed and the person has attained the 
age of 18 years at the time of the commission of the offense. 
An offender under the age of 18 years at the time of the 
commission of the offense shall be sentenced under Section 
5-4.5-105 of the Unified Code of Corrections.

(Source: P.A. 96-710, eff. 1-1-10.)

 



    (720 ILCS 5/29D-35)



    Sec. 29D-35. Hindering prosecution of terrorism. 

    (a) A person commits the offense of hindering prosecution 
of terrorism when
he or she renders criminal assistance to a 
person who has committed
terrorism as defined in Section 
29D-14.9 or caused a catastrophe as defined in
Section 29D-15.1 
of this
Code when he or she knows that the person to whom he or 
she rendered criminal
assistance engaged in an act of terrorism 
or caused a catastrophe.

    (b) Hindering prosecution of terrorism is a Class X felony, 
the sentence for
which shall be a term of 20 years to natural 
life imprisonment if no death was
caused by the act of 
terrorism committed by the person to whom the defendant

rendered criminal assistance and a mandatory term of natural 
life imprisonment
if death was caused by the act of terrorism 
committed by the person to whom the
defendant rendered criminal 
assistance. An offender under the age of 18 years at the time 
of the commission of the offense shall be sentenced under 
Section 5-4.5-105 of the Unified Code of Corrections. 

(Source: P.A. 96-710, eff. 1-1-10.)

 
    Section 10. The Unified Code of Corrections is amended  by 
changing Sections 5-4.5-95 and 5-8-1 and  by adding Section 
5-4.5-105 as follows:
 
    (730 ILCS 5/5-4.5-95)

    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
    (a)  HABITUAL CRIMINALS.
        (1) Every person who has been twice convicted in any 
    state or federal court of an offense that contains the same 
    elements as an offense now (the date of the offense 
    committed after the 2 prior convictions) classified in 
    Illinois as a Class X felony, criminal sexual assault, 
    aggravated kidnapping, or first degree murder, and who  is 
    thereafter convicted of a Class X felony, criminal sexual 
    assault, or first degree murder, committed after the 2 
    prior convictions, shall be adjudged an habitual criminal.
        (2) The 2 prior convictions need not have been for the 
    same offense.
        (3) Any convictions that  result from or are connected 
    with the same transaction, or result from offenses 
    committed at the same time, shall be counted for the 
    purposes of this Section as one conviction.
        (4) This Section does  not apply unless each of the 
    following requirements are satisfied:
            (A) The third offense was committed after July 3, 
        1980.
            (B) The third offense was committed within 20 years 
        of the date that judgment was entered on the first 
        conviction; provided, however, that time spent in 
        custody shall not be counted.
            (C) The third offense was committed after 
        conviction on the second offense.
            (D) The second offense was committed after 
        conviction on the first offense.
        (5) Anyone who, having attained the age of 18 at the 
    time of the third offense, is Except when the death penalty 
    is imposed, anyone adjudged an habitual criminal shall be 
    sentenced to a term of natural life imprisonment.
        (6) A prior conviction shall not be alleged in the 
    indictment, and no evidence or other disclosure of that  
    conviction shall be presented to the court or the jury 
    during the trial of an offense set forth in this Section 
    unless otherwise permitted by the issues properly raised in 
    that  trial. After a plea or verdict or finding of guilty 
    and before sentence is imposed, the prosecutor may file 
    with the court a verified written statement signed by the 
    State's Attorney concerning any former conviction of an 
    offense set forth in this Section rendered against the 
    defendant. The court shall then cause the defendant to be 
    brought before it; shall inform the defendant  of the 
    allegations of the statement so filed, and of his or her 
    right to a hearing before the court on the issue of that  
    former conviction and of his or her  right to counsel at 
    that  hearing; and unless the defendant admits such 
    conviction, shall hear and determine the  issue, and shall 
    make a written finding thereon. If a sentence has 
    previously been imposed, the court may vacate that  sentence 
    and impose a new sentence in accordance with this Section.
        (7) A duly authenticated copy of the record of any 
    alleged former conviction of an offense set forth in this 
    Section shall be prima facie evidence of that  former 
    conviction; and a duly authenticated copy of the record of 
    the defendant's final release or discharge from probation 
    granted, or from sentence and parole supervision (if any) 
    imposed pursuant to that former conviction, shall be prima 
    facie evidence of that release or discharge.
        (8) Any claim that a previous conviction offered by the 
    prosecution is not a former conviction of an offense set 
    forth in this Section because of the existence of any 
    exceptions described in this Section, is waived unless duly 
    raised at the hearing on that conviction, or unless the 
    prosecution's proof shows the existence of the exceptions 
    described in this Section.
        (9) If the person so convicted shows to the 
    satisfaction of the court before whom that  conviction was 
    had that he or she  was released from imprisonment, upon 
    either of the sentences upon a pardon granted for the 
    reason that he  or she was innocent, that  conviction and 
    sentence shall not be considered under this Section.

    (b)  When a defendant, over the age of 21 years, is 
convicted of a Class 1 or Class 2 felony, after having twice 
been convicted in any state or federal court of an offense that 
contains the same elements as an offense now (the date the 
Class 1 or Class 2 felony was committed) classified in Illinois 
as a Class 2 or greater Class felony and those  charges are 
separately brought and tried and arise out of different series 
of acts, that  defendant shall be sentenced as a Class X 
offender. This subsection does  not apply unless:
        (1) the first felony was committed after February 1, 
    1978 (the effective date of Public Act 80-1099);
        (2) the second felony was committed after conviction on 
    the first; and
        (3) the third felony was committed after conviction on 
    the second.
    A person sentenced as a Class X offender under this 
subsection (b)  is not eligible to apply for treatment as a 
condition of probation as provided by Section 40-10 of the 
Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS 
301/40-10).

(Source: P.A. 95-1052, eff. 7-1-09.)
 
    (730 ILCS 5/5-4.5-105 new)
    Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF 
18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
    (a) On or after the effective date of this amendatory Act 
of the 99th General Assembly, when a person commits an offense 
and the person is under 18 years of age at the time of the 
commission of the offense, the court, at the sentencing hearing 
conducted under Section 5-4-1, shall consider the following 
additional factors in mitigation in determining the 
appropriate sentence:
        (1) the person's age, impetuosity, and level of 
    maturity at the time of the offense, including the ability 
    to consider risks and consequences of behavior, and the 
    presence of cognitive or developmental disability, or 
    both, if any;
        (2) whether the person was subjected to outside 
    pressure, including peer pressure, familial pressure, or 
    negative influences;
        (3) the person's family, home environment, educational 
    and social background, including any history of parental 
    neglect, physical abuse, or other childhood trauma;
        (4) the person's potential for rehabilitation or 
    evidence of rehabilitation, or both;
        (5) the circumstances of the offense;
        (6) the person's degree of participation and specific 
    role in the offense, including the level of planning by the 
    defendant before the offense;
        (7) whether the person was able to meaningfully 
    participate in his or her defense;
        (8) the person's prior juvenile or criminal history; 
    and
        (9) any other information the court finds relevant and 
    reliable, including an expression of remorse, if 
    appropriate. However, if the person, on advice of counsel 
    chooses not to make a statement, the court shall not 
    consider a lack of an expression of remorse as an 
    aggravating factor.
    (b) Except as provided in subsection (c), the court may 
sentence the defendant to any disposition authorized for the 
class of the offense of which he or she was found guilty as 
described in Article 4.5 of this Code, and may, in its 
discretion, decline to impose any otherwise applicable 
sentencing enhancement based upon firearm possession, 
possession with personal discharge, or possession with 
personal discharge that proximately causes great bodily harm, 
permanent disability, permanent disfigurement, or death to 
another person.
    (c) Notwithstanding any other provision of law, if the 
defendant is convicted of first degree murder and would 
otherwise be subject to sentencing under clause (iii), (iv), 
(v), or (vii) of subsection (c) of Section 5-8-1 of this Code 
based on the category of persons identified therein, the court 
shall impose a sentence of not less than 40 years of 
imprisonment. In addition, the court may, in its discretion, 
decline to impose the sentencing enhancements based upon the 
possession or use of a firearm during the commission of the 
offense included in subsection (d) of Section 5-8-1. 
 


    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)





    Sec. 5-8-1. Natural life imprisonment; enhancements for 
use of a firearm; mandatory supervised release terms. 

    (a) Except as otherwise provided in the statute defining 
the offense or in Article 4.5 of Chapter V, a
sentence of 
imprisonment for a felony shall be a determinate sentence set 
by
the court under this Section, according to the following 
limitations:


        (1) for first degree murder,


            (a) (blank),


            (b) if a trier of fact finds beyond a reasonable

        doubt that the murder was accompanied by exceptionally

        brutal or heinous behavior indicative of wanton 
        cruelty or, except as set forth
in subsection (a)(1)(c) 
        of this Section, that any of the aggravating factors

        listed in subsection (b) or (b-5) of Section 9-1 of the 
        Criminal Code of 1961 or the Criminal Code of 2012 are

        present, the court may sentence the defendant, subject         
        to Section 5-4.5-105, to a term of natural life

        imprisonment, or


            (c) the court shall sentence the defendant to a 
        term of natural life
imprisonment when the death 
        penalty is not imposed if the defendant, at the time of 
        the commission of the murder, had attained the age of 
        18, and 


                (i) has previously been convicted of first 
            degree murder under
any state or federal law, or


                (ii) is 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) (blank), or 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 2012.


            For purposes of clause (v), "emergency medical 
        technician - ambulance",
"emergency medical technician -
         intermediate", "emergency medical technician -

        paramedic", have the meanings ascribed to them in the 
        Emergency Medical
Services (EMS) Systems Act.


            (d) (i) if the person committed the offense while 
            armed with a
firearm, 15 years shall be added to 
            the term of imprisonment imposed by the
court;


                (ii) if, during the commission of the offense, 
            the person
personally discharged a firearm, 20 
            years shall be added to the term of
imprisonment 
            imposed by the court;


                (iii) if, during the commission of the 
            offense, the person
personally discharged a 
            firearm that proximately caused great bodily harm,

            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 subdivision (b)(1)(B) of Section 11-1.20 or

    paragraph (3) of subsection (b) of Section 12-13, 
    subdivision (d)(2) of Section 11-1.30 or paragraph (2) of 
    subsection
(d) of Section 12-14, subdivision (b)(1.2) of 
    Section 11-1.40 or paragraph (1.2) of subsection (b) of

    Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or 
    paragraph (2) of subsection (b) of Section 12-14.1
of the 
    Criminal Code of 1961 or the Criminal Code of 2012, the 
    sentence shall be a term of natural life
imprisonment.






    (b) (Blank).

    (c) (Blank).




    (d)  Subject to
earlier termination under Section 3-3-8, the 
parole or mandatory
supervised release term shall be written as 
part of the sentencing order and shall be as follows:


        (1) for first degree murder or a Class X felony except 
    for the offenses of predatory criminal sexual assault of a 
    child, aggravated criminal sexual assault, and criminal 
    sexual assault if committed on or after the effective date 
    of this amendatory Act of the 94th General Assembly and 
    except for the offense of aggravated child pornography 
    under Section 11-20.1B, 11-20.3, or 11-20.1 with 
    sentencing under subsection (c-5) of Section 11-20.1 of the 
    Criminal Code of 1961 or the Criminal Code of 2012, if 
    committed on or after January 1, 2009, 3 years;


        (2) for a Class 1 felony or a Class 2 felony except for 
    the offense of criminal sexual assault if committed on or 
    after the effective date of this amendatory Act of the 94th 
    General Assembly and except for the offenses of manufacture 
    and dissemination of child pornography  under clauses 
    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
    of 1961 or the Criminal Code of 2012, if committed on or 
    after January 1, 2009, 2 years;


        (3) for a Class 3 felony or a Class 4 felony, 1 year;


        (4) for defendants who commit the offense of predatory 
    criminal sexual assault of a child, aggravated criminal 
    sexual assault, or criminal sexual assault, on or after the 
    effective date of this amendatory Act of the 94th General 
    Assembly, or who commit the offense of aggravated child 
    pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
    with sentencing under subsection (c-5) of Section 11-20.1 
    of the Criminal Code of 1961 or the Criminal Code of 2012, 
    manufacture of child pornography, or dissemination of 
    child pornography after January 1, 2009, the term of 
    mandatory supervised release shall range from a minimum of 
    3 years to a maximum of the natural life of the defendant;


        (5) if the victim is under 18 years of age, for a 
    second or subsequent
offense of aggravated criminal sexual 
    abuse or felony criminal sexual abuse,
4 years, at least 
    the first 2 years of which the defendant shall serve in an

    electronic home detention program under Article 8A of 
    Chapter V of this Code;
 
        (6)  for a felony domestic battery, aggravated domestic 
    battery, stalking, aggravated stalking, and a felony 
    violation of an order of protection, 4 years. 
    (e) (Blank).

    (f) (Blank).


(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 
96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. 
7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, 
eff. 1-1-13; 97-1150, eff. 1-25-13.)