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Public Act 099-0875


 

Public Act 0875 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0875
 
HB5771 EnrolledLRB099 16804 RLC 41151 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 Unified Code of Corrections is amended by
changing Sections 5-4.5-105 and 5-8-1 as follows:
 
    (730 ILCS 5/5-4.5-105)
    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 subparagraph (c) of paragraph (1) of
subsection (a) (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.
(Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16.)
 
    (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 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 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
                (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 who has attained the age of 18 years
    at the time of the commission of the offense and who is
    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. 99-69, eff. 1-1-16.)

Effective Date: 1/1/2017