101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0286

 

Introduced , by Rep. David McSweeney

 

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

    Amends the Unified Code of Corrections. Provides that the court shall 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 is found guilty of first degree murder as a result of the intentional discharge of a firearm that proximately caused the death of the person. Effective January 1, 2020.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-8-1 as follows:
 
6    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
7    Sec. 5-8-1. Natural life imprisonment; enhancements for
8use of a firearm; mandatory supervised release terms.
9    (a) Except as otherwise provided in the statute defining
10the offense or in Article 4.5 of Chapter V, a sentence of
11imprisonment for a felony shall be a determinate sentence set
12by the court under this Section, according to the following
13limitations:
14        (1) for first degree murder,
15            (a) (blank),
16            (b) if a trier of fact finds beyond a reasonable
17        doubt that the murder was accompanied by exceptionally
18        brutal or heinous behavior indicative of wanton
19        cruelty or, except as set forth in subsection (a)(1)(c)
20        of this Section, that any of the aggravating factors
21        listed in subsection (b) or (b-5) of Section 9-1 of the
22        Criminal Code of 1961 or the Criminal Code of 2012 are
23        present, the court may sentence the defendant, subject

 

 

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1        to Section 5-4.5-105, to a term of natural life
2        imprisonment, or
3            (c) the court shall sentence the defendant to a
4        term of natural life imprisonment if the defendant, at
5        the time of the commission of the murder, had attained
6        the age of 18, and
7                (i) has previously been convicted of first
8            degree murder under any state or federal law, or
9                (ii) is found guilty of murdering more than one
10            victim, or
11                (iii) is found guilty of murdering a peace
12            officer, fireman, or emergency management worker
13            when the peace officer, fireman, or emergency
14            management worker was killed in the course of
15            performing his official duties, or to prevent the
16            peace officer or fireman from performing his
17            official duties, or in retaliation for the peace
18            officer, fireman, or emergency management worker
19            from performing his official duties, and the
20            defendant knew or should have known that the
21            murdered individual was a peace officer, fireman,
22            or emergency management worker, or
23                (iv) is found guilty of murdering an employee
24            of an institution or facility of the Department of
25            Corrections, or any similar local correctional
26            agency, when the employee was killed in the course

 

 

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1            of performing his official duties, or to prevent
2            the employee from performing his official duties,
3            or in retaliation for the employee performing his
4            official duties, or
5                (v) is found guilty of murdering an emergency
6            medical technician - ambulance, emergency medical
7            technician - intermediate, emergency medical
8            technician - paramedic, ambulance driver or other
9            medical assistance or first aid person while
10            employed by a municipality or other governmental
11            unit when the person was killed in the course of
12            performing official duties or to prevent the
13            person from performing official duties or in
14            retaliation for performing official duties and the
15            defendant knew or should have known that the
16            murdered individual was an emergency medical
17            technician - ambulance, emergency medical
18            technician - intermediate, emergency medical
19            technician - paramedic, ambulance driver, or other
20            medical assistant or first aid personnel, or
21                (vi) (blank), or
22                (vii) is found guilty of first degree murder
23            and the murder was committed by reason of any
24            person's activity as a community policing
25            volunteer or to prevent any person from engaging in
26            activity as a community policing volunteer. For

 

 

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1            the purpose of this Section, "community policing
2            volunteer" has the meaning ascribed to it in
3            Section 2-3.5 of the Criminal Code of 2012, or .
4                (viii) is found guilty of first degree murder
5            as a result of the intentional discharge of a
6            firearm that proximately caused the death of the
7            person.
8            For purposes of clause (v), "emergency medical
9        technician - ambulance", "emergency medical technician -
10         intermediate", "emergency medical technician -
11        paramedic", have the meanings ascribed to them in the
12        Emergency Medical Services (EMS) Systems Act.
13            (d) (i) if the person committed the offense while
14            armed with a firearm, 15 years shall be added to
15            the term of imprisonment imposed by the court;
16                (ii) if, during the commission of the offense,
17            the person personally discharged a firearm, 20
18            years shall be added to the term of imprisonment
19            imposed by the court;
20                (iii) if, during the commission of the
21            offense, the person personally discharged a
22            firearm that proximately caused great bodily harm,
23            permanent disability, permanent disfigurement, or
24            death to another person, 25 years or up to a term
25            of natural life shall be added to the term of
26            imprisonment imposed by the court.

 

 

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1        (2) (blank);
2        (2.5) for a person who has attained the age of 18 years
3    at the time of the commission of the offense and who is
4    convicted under the circumstances described in subdivision
5    (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
6    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
7    or paragraph (2) of subsection (d) of Section 12-14,
8    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
9    of subsection (b) of Section 12-14.1, subdivision (b)(2) of
10    Section 11-1.40 or paragraph (2) of subsection (b) of
11    Section 12-14.1 of the Criminal Code of 1961 or the
12    Criminal Code of 2012, the sentence shall be a term of
13    natural life imprisonment.
14    (b) (Blank).
15    (c) (Blank).
16    (d) Subject to earlier termination under Section 3-3-8, the
17parole or mandatory supervised release term shall be written as
18part of the sentencing order and shall be as follows:
19        (1) for first degree murder or a Class X felony except
20    for the offenses of predatory criminal sexual assault of a
21    child, aggravated criminal sexual assault, and criminal
22    sexual assault if committed on or after the effective date
23    of this amendatory Act of the 94th General Assembly and
24    except for the offense of aggravated child pornography
25    under Section 11-20.1B, 11-20.3, or 11-20.1 with
26    sentencing under subsection (c-5) of Section 11-20.1 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012, if
2    committed on or after January 1, 2009, 3 years;
3        (2) for a Class 1 felony or a Class 2 felony except for
4    the offense of criminal sexual assault if committed on or
5    after the effective date of this amendatory Act of the 94th
6    General Assembly and except for the offenses of manufacture
7    and dissemination of child pornography under clauses
8    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
9    of 1961 or the Criminal Code of 2012, if committed on or
10    after January 1, 2009, 2 years;
11        (3) for a Class 3 felony or a Class 4 felony, 1 year;
12        (4) for defendants who commit the offense of predatory
13    criminal sexual assault of a child, aggravated criminal
14    sexual assault, or criminal sexual assault, on or after the
15    effective date of this amendatory Act of the 94th General
16    Assembly, or who commit the offense of aggravated child
17    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
18    with sentencing under subsection (c-5) of Section 11-20.1
19    of the Criminal Code of 1961 or the Criminal Code of 2012,
20    manufacture of child pornography, or dissemination of
21    child pornography after January 1, 2009, the term of
22    mandatory supervised release shall range from a minimum of
23    3 years to a maximum of the natural life of the defendant;
24        (5) if the victim is under 18 years of age, for a
25    second or subsequent offense of aggravated criminal sexual
26    abuse or felony criminal sexual abuse, 4 years, at least

 

 

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1    the first 2 years of which the defendant shall serve in an
2    electronic monitoring or home detention program under
3    Article 8A of Chapter V of this Code;
4        (6) for a felony domestic battery, aggravated domestic
5    battery, stalking, aggravated stalking, and a felony
6    violation of an order of protection, 4 years.
7    (e) (Blank).
8    (f) (Blank).
9(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431,
10eff. 8-25-17.)
 
11    Section 99. Effective date. This Act takes effect January
121, 2020.