102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5419

 

Introduced 1/31/2022, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 3930/7.10 new
725 ILCS 215/2  from Ch. 38, par. 1702
725 ILCS 215/3  from Ch. 38, par. 1703
730 ILCS 5/5-8-1  from Ch. 38, par. 1005-8-1

    Creates the Martyr For Justice Act. Creates a Task Force on Murdered Children in Chicago. Provides that the Task Force must examine and report annually to the Governor and the General Assembly on the following: (1) the systemic causes behind firearm violence that Chicago children experience, including patterns and underlying factors that explain why disproportionately high levels of firearm violence occur against Chicago Children, including underlying historical, social, economic, institutional, and cultural factors that may contribute to the gun violence; (2) appropriate methods for tracking and collecting data on violence against Chicago children, including data on murdered Chicago children; (3) policies and institutions such as policing, child welfare, medical examiner practices, and other governmental practices that impact firearm violence against children; and (4) measures to help victim's siblings process the death and cope with loss. Creates the Martyr For Justice Project to engage and offer resource guidance to the families of children who are the victims of firearm violence, including those children injured or killed with firearms. Amends the Illinois Criminal Justice Information Act to provide grants to the Chicago Police Department to assist in the investigation of murders of persons under 13 years of age. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute first degree murder of a person under 13 years of age, if the State's Attorney fails to prosecute the case. Amends the Unified Code of Corrections. Provides that a defendant, who is not the parent, guardian, or legal custodian of the murdered person, who is convicted of the first degree murder of a person under 13 years of age shall be sentenced to a term of natural life imprisonment.


LRB102 20704 RLC 35358 b

 

 

A BILL FOR

 

HB5419LRB102 20704 RLC 35358 b

1    AN ACT concerning murdered children in Chicago.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Martyr
5For Justice Act. This Act may be referred to as the MJ Act.
 
6    Section 3. Findings. The General Assembly finds that:
7    There are over 1,000,000 juvenile gang members in the
8United States, an average of 2% of youth in the United States,
9with involvement highest at age 14, when about 5% of youth are
10members of juvenile gangs. Although local, state, and federal
11budgets in public health, criminal justice, education, and
12community services currently address the aftermath of youth
13joining juvenile gangs, a large majority of youth who join a
14juvenile gang do so at the ages between 11 and 15.
15    Early prevention is the key to preventing youth from
16joining juvenile gangs.
17    There has been a sharp increase of children under 13 years
18of age murdered as result of gang violence, and there has been
19a sharp increase of children under 13 years of age murdered as
20result of gang violence.
21    Mitigation efforts are necessary to stem youths as young
22as 13 years of age from joining juvenile gangs.
23    Stemming juvenile gang activity among youth will reduce

 

 

HB5419- 2 -LRB102 20704 RLC 35358 b

1the number of murders of children under 13 years of age,
2especially in the City of Chicago.
 
3    Section 5. Definitions. In this Act:
4    "Director" means the Director of the Illinois State
5Police.
6    "Nongovernmental organization" means a not for profit,
7nongovernmental organization that provides legal, social, or
8other community services.
9    "Task Force" means the Task Force on Murdered Children in
10Chicago.
 
11    Section 10. Task Force on Murdered Children in Chicago.
12    (a) There is created the Task Force on Murdered Children
13in Chicago, appointed by the Director of the Illinois State
14Police, in consultation with the Chicago Police
15Superintendent, consisting of the following persons or their
16designees who are not members of the General Assembly and who
17are involved in investigative work on firearm violence against
18children:
19        (1) members of the Martyr For Justice Project Board of
20    Directors;
21        (2) a psychiatrist specializing in the treatment of
22    children;
23        (3) a liaison representing the medical profession;
24        (4) a liaison representing police officers;

 

 

HB5419- 3 -LRB102 20704 RLC 35358 b

1        (5) a liaison representing each of the major political
2    parties of this State whose candidate for Governor in the
3    general election for Governor preceding his or her
4    appointment received at least 5% of the total votes cast
5    for Governor;
6        (6) a parent of a child under 18 years of age who was
7    murdered;
8        (7) two members from among the following appointed by
9    the Director:
10            (A) an association representing Illinois chiefs of
11        Police;
12            (B) an association representing Illinois sheriffs;
13            (C) an officer who is employed by the Illinois
14        State Police; and
15            (D) an association representing Illinois peace
16        officers;
17        (8) one or more representatives from among the
18    following appointed by the Director:
19            (A) an association representing State's Attorneys;
20            (B) an attorney representing the United States
21        District Attorney's Office in Chicago;
22            (C) a circuit judge, associate judge, or attorney
23        working in juvenile court; and
24            (D) the Cook County Medical Examiner, or his or
25        her designee, or a representative from a statewide
26        coroner's or medical examiner's association or a

 

 

HB5419- 4 -LRB102 20704 RLC 35358 b

1        representative of the Department of Public Health;
2        (9) two members of the Senate, one appointed by the
3    President of the Senate and one appointed by the Minority
4    Leader of the Senate; and
5        (10) two members of the House of Representatives, one
6    appointed by the Speaker of the House of Representatives
7    and one appointed by the Minority Leader of the House of
8    Representatives.
9    (b) If a vacancy occurs on the Task Force, it shall be
10filled in the same manner as the initial appointment.
11    (c) Unless otherwise provided for in this Act, members of
12the Task Force shall be appointed for 2-year terms.
13    (d) The Task Force shall advise the Director and the
14Chicago Police Superintendent and shall report to the Governor
15and General Assembly on recommended resource guidance.
16    (e) The Task Force may also serve as a liaison between the
17Director, the Chicago Police Superintendent, and agencies and
18nongovernmental organizations that provide awareness-specific
19services to victims, victims' families, and victims'
20communities.
21    (f) Task Force members shall serve without compensation
22but may, subject to appropriation, receive reimbursement for
23their expenses as members of the Task Force.
24    (g) The Director shall convene the first meeting of the
25Task Force no later than 30 days after the appointment of a
26majority of the members of the Task Force. The Task Force

 

 

HB5419- 5 -LRB102 20704 RLC 35358 b

1members shall annually elect a chair and vice-chair from among
2the Task Force's members, and may elect other officers as
3necessary. The Task Force shall meet at least quarterly, or
4upon the call of its chair, and may hold meetings throughout
5the City of Chicago. The Task Force shall meet frequently
6enough to accomplish the tasks identified in this Section.
7Meetings of the Task Force are subject to the Open Meetings
8Act.
9    (h) The Illinois State Police shall provide administrative
10support for the Task Force.
11    (i) The Task Force must examine and report annually to the
12Governor and the General Assembly on the following:
13        (1) the systemic causes behind firearm violence that
14    Chicago children experience, including patterns and
15    underlying factors that explain why disproportionately
16    high levels of firearm violence occur against Chicago
17    Children, including underlying historical, social,
18    economic, institutional, and cultural factors that may
19    contribute to the gun violence;
20        (2) appropriate methods for tracking and collecting
21    data on violence against Chicago children, including data
22    on murdered Chicago children;
23        (3) policies and institutions such as policing, child
24    welfare, medical examiner practices, and other
25    governmental practices that impact firearm violence
26    against children; and

 

 

HB5419- 6 -LRB102 20704 RLC 35358 b

1        (4) measures to help victim's siblings process the
2    death and cope with loss.
3    (j) The Task Force shall report on or before December 31 of
42023, and on or before December 31 of each year thereafter, to
5the General Assembly and the Governor on the work of the Task
6Force, including but not limited to, the issues to be examined
7in subsection (i), and shall include in the annual report
8recommendations regarding institutional policies and practices
9or proposed institutional policies and practices that are
10effective to increase convictions.
 
11    Section 15. Martyr For Justice Project.
12    (a) There is created a not for profit organization to be
13known as the Martyr For Justice Project. In accordance with
14the State Agency Entity Creation Act, the Secretary of Human
15Services shall file, within 60 days after the effective date
16of this Act, articles of incorporation under the General Not
17For Profit Corporation Act of 1986 for the creation of this
18Organization. The Organization shall meet the criteria of
19Section 501(c)(4) of the Internal Revenue Code of 1986 and
20shall apply for status as a Section 501(c)(4) organization
21with the Internal Revenue Service. The Organization shall, not
22later than 60 days after the organization is established,
23notify the United States Secretary of the Treasury (in such
24manner as the Secretary shall by regulation prescribe) that it
25is operating as such as provided in Section 506 of the Internal

 

 

HB5419- 7 -LRB102 20704 RLC 35358 b

1Revenue Code of 1986.
2    (b) The Organization shall be composed of a board of
3directors consisting of 7 members, 2 appointed by the
4Secretary of Human Services, 2 appointed by the Director of
5Children and Family Services, and 3 appointed by the Director
6of the Illinois State Police in consultation with the Chicago
7Police Superintendent. Two of the initial appointees shall
8serve a one-year term; 2 shall serve 2-year terms; and the
9remaining 3 directors shall serve 4-year terms. Vacancies
10shall be filled by the appointing authority of the vacant
11member. After their initial appointments, each director shall
12serve a term of 4 years. The directors shall be composed of
13persons who provide advocacy for children in Chicago in the
14fields of education, health care, early childhood development,
15poverty reduction, child welfare, or youth justice. The
16directors shall initially meet within 30 days after their
17appointments. The initial meeting shall be convened by the
18Secretary of Human Services or his or her designee. At the
19initial meeting, the board of directors shall elect from among
20its members a chair, secretary, and such other officers as it
21deems appropriate.
22    (c) The Organization shall engage and offer resource
23guidance to the families of children who are the victims of
24firearm violence, including those children injured or killed
25with firearms. The Organization shall interact with the
26surviving parents of children under 13 years of age murdered

 

 

HB5419- 8 -LRB102 20704 RLC 35358 b

1and injured as a result of firearm violence, with a focus on
2transforming how the legal system prioritizes child murder
3investigations and convictions.
 
4    Section 90. The Illinois Criminal Justice Information Act
5is amended by adding Section 7.10 as follows:
 
6    (20 ILCS 3930/7.10 new)
7    Sec. 7.10. Grants to Chicago Police Department.
8    (a) The Authority shall make grants to the Chicago Police
9Department to increase police investigation efforts for all
10unsolved murders of children under 13 years of age and for the
11purpose of dedicating at least 10 Chicago Police officers to
12further open investigations in Chicago for those unsolved
13murders. If the Chicago Police Department is unable to provide
1410 officers for those investigations, it shall seek the
15assistance of the Federal Bureau of Investigation if the
16Bureau has jurisdictions in those cases.
17    (b) The Authority shall make grants to the Chicago Police
18Department to increase incentives for persons to give
19information to the Chicago Police Department on any firearm
20deaths of persons under 13 years of age.
 
21    Section 95. The Statewide Grand Jury Act is amended by
22changing Sections 2 and 3 as follows:
 

 

 

HB5419- 9 -LRB102 20704 RLC 35358 b

1    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
2    Sec. 2. (a) County grand juries and State's Attorneys have
3always had and shall continue to have primary responsibility
4for investigating, indicting, and prosecuting persons who
5violate the criminal laws of the State of Illinois. However,
6in recent years organized terrorist activity directed against
7innocent civilians and certain criminal enterprises have
8developed that require investigation, indictment, and
9prosecution on a statewide or multicounty level. The criminal
10enterprises exist as a result of the allure of profitability
11present in narcotic activity, the unlawful sale and transfer
12of firearms, and streetgang related felonies and organized
13terrorist activity is supported by the contribution of money
14and expert assistance from geographically diverse sources. In
15order to shut off the life blood of terrorism and weaken or
16eliminate the criminal enterprises, assets, and property used
17to further these offenses must be frozen, and any profit must
18be removed. State statutes exist that can accomplish that
19goal. Among them are the offense of money laundering,
20violations of Article 29D of the Criminal Code of 1961 or the
21Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
22and gunrunning. Local prosecutors need investigative personnel
23and specialized training to attack and eliminate these
24profits. In light of the transitory and complex nature of
25conduct that constitutes these criminal activities, the many
26diverse property interests that may be used, acquired directly

 

 

HB5419- 10 -LRB102 20704 RLC 35358 b

1or indirectly as a result of these criminal activities, and
2the many places that illegally obtained property may be
3located, it is the purpose of this Act to create a limited,
4multicounty Statewide Grand Jury with authority to
5investigate, indict, and prosecute: narcotic activity,
6including cannabis and controlled substance trafficking,
7narcotics racketeering, money laundering, violations of the
8Cannabis and Controlled Substances Tax Act, and violations of
9Article 29D of the Criminal Code of 1961 or the Criminal Code
10of 2012; the unlawful sale and transfer of firearms;
11gunrunning; and streetgang related felonies.
12    (b) A Statewide Grand Jury may also investigate, indict,
13and prosecute violations facilitated by the use of a computer
14of any of the following offenses: first degree murder of a
15person under 13 years of age, if the State's Attorney fails to
16prosecute the case, indecent solicitation of a child, sexual
17exploitation of a child, soliciting for a juvenile prostitute,
18keeping a place of juvenile prostitution, juvenile pimping,
19child pornography, aggravated child pornography, or promoting
20juvenile prostitution except as described in subdivision
21(a)(4) of Section 11-14.4 of the Criminal Code of 1961 or the
22Criminal Code of 2012.
23(Source: P.A. 101-593, eff. 12-4-19.)
 
24    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
25    Sec. 3. Written application for the appointment of a

 

 

HB5419- 11 -LRB102 20704 RLC 35358 b

1Circuit Judge to convene and preside over a Statewide Grand
2Jury, with jurisdiction extending throughout the State, shall
3be made to the Chief Justice of the Supreme Court. Upon such
4written application, the Chief Justice of the Supreme Court
5shall appoint a Circuit Judge from the circuit where the
6Statewide Grand Jury is being sought to be convened, who shall
7make a determination that the convening of a Statewide Grand
8Jury is necessary.
9    In such application the Attorney General shall state that
10the convening of a Statewide Grand Jury is necessary because
11of an alleged offense or offenses set forth in this Section
12involving more than one county of the State and identifying
13any such offense alleged; and
14        (a) that he or she believes that the grand jury
15    function for the investigation and indictment of the
16    offense or offenses cannot effectively be performed by a
17    county grand jury together with the reasons for such
18    belief, and
19        (b)(1) that each State's Attorney with jurisdiction
20    over an offense or offenses to be investigated has
21    consented to the impaneling of the Statewide Grand Jury,
22    or
23        (2) if one or more of the State's Attorneys having
24    jurisdiction over an offense or offenses to be
25    investigated fails to consent to the impaneling of the
26    Statewide Grand Jury, the Attorney General shall set forth

 

 

HB5419- 12 -LRB102 20704 RLC 35358 b

1    good cause for impaneling the Statewide Grand Jury.
2    If the Circuit Judge determines that the convening of a
3Statewide Grand Jury is necessary, he or she shall convene and
4impanel the Statewide Grand Jury with jurisdiction extending
5throughout the State to investigate and return indictments:
6        (a) For violations of any of the following or for any
7    other criminal offense committed in the course of
8    violating any of the following: Article 29D of the
9    Criminal Code of 1961 or the Criminal Code of 2012, the
10    Illinois Controlled Substances Act, the Cannabis Control
11    Act, the Methamphetamine Control and Community Protection
12    Act, or the Narcotics Profit Forfeiture Act; first degree
13    murder of a person under 13 years of age, if the State's
14    Attorney fails to prosecute the case; a streetgang related
15    felony offense; Section 24-2.1, 24-2.2, 24-3, 24-3A,
16    24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
17    24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
18    24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or
19    the Criminal Code of 2012; or a money laundering offense;
20    provided that the violation or offense involves acts
21    occurring in more than one county of this State; and
22        (a-5) For violations facilitated by the use of a
23    computer, including the use of the Internet, the World
24    Wide Web, electronic mail, message board, newsgroup, or
25    any other commercial or noncommercial on-line service, of
26    any of the following offenses: indecent solicitation of a

 

 

HB5419- 13 -LRB102 20704 RLC 35358 b

1    child, sexual exploitation of a child, soliciting for a
2    juvenile prostitute, keeping a place of juvenile
3    prostitution, juvenile pimping, child pornography,
4    aggravated child pornography, or promoting juvenile
5    prostitution except as described in subdivision (a)(4) of
6    Section 11-14.4 of the Criminal Code of 1961 or the
7    Criminal Code of 2012; and
8        (b) For the offenses of perjury, subornation of
9    perjury, communicating with jurors and witnesses, and
10    harassment of jurors and witnesses, as they relate to
11    matters before the Statewide Grand Jury.
12    "Streetgang related" has the meaning ascribed to it in
13Section 10 of the Illinois Streetgang Terrorism Omnibus
14Prevention Act.
15    Upon written application by the Attorney General for the
16convening of an additional Statewide Grand Jury, the Chief
17Justice of the Supreme Court shall appoint a Circuit Judge
18from the circuit for which the additional Statewide Grand Jury
19is sought. The Circuit Judge shall determine the necessity for
20an additional Statewide Grand Jury in accordance with the
21provisions of this Section. No more than 2 Statewide Grand
22Juries may be empaneled at any time.
23(Source: P.A. 101-593, eff. 12-4-19.)
 
24    Section 100. The Unified Code of Corrections is amended by
25changing Section 5-8-1 as follows:
 

 

 

HB5419- 14 -LRB102 20704 RLC 35358 b

1    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
2    Sec. 5-8-1. Natural life imprisonment; enhancements for
3use of a firearm; mandatory supervised release terms.
4    (a) Except as otherwise provided in the statute defining
5the offense or in Article 4.5 of Chapter V, a sentence of
6imprisonment for a felony shall be a determinate sentence set
7by the court under this Section, subject to Section 5-4.5-115
8of this Code, according to the following limitations:
9        (1) for first degree murder,
10            (a) (blank),
11            (b) if a trier of fact finds beyond a reasonable
12        doubt that the murder was accompanied by exceptionally
13        brutal or heinous behavior indicative of wanton
14        cruelty or, except as set forth in subsection
15        (a)(1)(c) of this Section, that any of the aggravating
16        factors listed in subsection (b) or (b-5) of Section
17        9-1 of the Criminal Code of 1961 or the Criminal Code
18        of 2012 are present, the court may sentence the
19        defendant, subject to Section 5-4.5-105, to a term of
20        natural life imprisonment, or
21            (c) the court shall sentence the defendant to a
22        term of natural life imprisonment if the defendant, at
23        the time of the commission of the murder, had attained
24        the age of 18, and:
25                (i) has previously been convicted of first

 

 

HB5419- 15 -LRB102 20704 RLC 35358 b

1            degree murder under any state or federal law, or
2                (ii) is found guilty of murdering more than
3            one victim, or
4                (iii) is found guilty of murdering a peace
5            officer, fireman, or emergency management worker
6            when the peace officer, fireman, or emergency
7            management worker was killed in the course of
8            performing his official duties, or to prevent the
9            peace officer or fireman from performing his
10            official duties, or in retaliation for the peace
11            officer, fireman, or emergency management worker
12            from performing his official duties, and the
13            defendant knew or should have known that the
14            murdered individual was a peace officer, fireman,
15            or emergency management worker, or
16                (iv) is found guilty of murdering an employee
17            of an institution or facility of the Department of
18            Corrections, or any similar local correctional
19            agency, when the employee was killed in the course
20            of performing his official duties, or to prevent
21            the employee from performing his official duties,
22            or in retaliation for the employee performing his
23            official duties, or
24                (v) is found guilty of murdering an emergency
25            medical technician - ambulance, emergency medical
26            technician - intermediate, emergency medical

 

 

HB5419- 16 -LRB102 20704 RLC 35358 b

1            technician - paramedic, ambulance driver or other
2            medical assistance or first aid person while
3            employed by a municipality or other governmental
4            unit when the person was killed in the course of
5            performing official duties or to prevent the
6            person from performing official duties or in
7            retaliation for performing official duties and the
8            defendant knew or should have known that the
9            murdered individual was an emergency medical
10            technician - ambulance, emergency medical
11            technician - intermediate, emergency medical
12            technician - paramedic, ambulance driver, or other
13            medical assistant or first aid personnel, or
14                (vi) (blank), or
15                (vii) is found guilty of first degree murder
16            and the murder was committed by reason of any
17            person's activity as a community policing
18            volunteer or to prevent any person from engaging
19            in activity as a community policing volunteer. For
20            the purpose of this Section, "community policing
21            volunteer" has the meaning ascribed to it in
22            Section 2-3.5 of the Criminal Code of 2012, or
23                (viii) is found guilty of murdering a person
24            under 13 years of age and the defendant is not the
25            parent, guardian, or legal custodian of the
26            murdered person.

 

 

HB5419- 17 -LRB102 20704 RLC 35358 b

1            For purposes of clause (v), "emergency medical
2        technician - ambulance", "emergency medical technician -
3         intermediate", "emergency medical technician -
4        paramedic", have the meanings ascribed to them in the
5        Emergency Medical Services (EMS) Systems Act.
6            (d)(i) if the person committed the offense while
7            armed with a firearm, 15 years shall be added to
8            the term of imprisonment imposed by the court;
9            (ii) if, during the commission of the offense, the
10        person personally discharged a firearm, 20 years shall
11        be added to the term of imprisonment imposed by the
12        court;
13            (iii) if, during the commission of the offense,
14        the person personally discharged a firearm that
15        proximately caused great bodily harm, permanent
16        disability, permanent disfigurement, or death to
17        another person, 25 years or up to a term of natural
18        life shall be added to the term of imprisonment
19        imposed by the court.
20        (2) (blank);
21        (2.5) for a person who has attained the age of 18 years
22    at the time of the commission of the offense and who is
23    convicted under the circumstances described in subdivision
24    (b)(1)(B) of Section 11-1.20 or paragraph (3) of
25    subsection (b) of Section 12-13, subdivision (d)(2) of
26    Section 11-1.30 or paragraph (2) of subsection (d) of

 

 

HB5419- 18 -LRB102 20704 RLC 35358 b

1    Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
2    paragraph (1.2) of subsection (b) of Section 12-14.1,
3    subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
4    subsection (b) of Section 12-14.1 of the Criminal Code of
5    1961 or the Criminal Code of 2012, the sentence shall be a
6    term of natural life imprisonment.
7    (b) (Blank).
8    (c) (Blank).
9    (d) Subject to earlier termination under Section 3-3-8,
10the parole or mandatory supervised release term shall be
11written as part of the sentencing order and shall be as
12follows:
13        (1) for first degree murder or for the offenses of
14    predatory criminal sexual assault of a child, aggravated
15    criminal sexual assault, and criminal sexual assault if
16    committed on or before December 12, 2005, 3 years;
17        (1.5) except as provided in paragraph (7) of this
18    subsection (d), for a Class X felony except for the
19    offenses of predatory criminal sexual assault of a child,
20    aggravated criminal sexual assault, and criminal sexual
21    assault if committed on or after December 13, 2005 (the
22    effective date of Public Act 94-715) and except for the
23    offense of aggravated child pornography under Section
24    11-20.1B, 11-20.3, or 11-20.1 with sentencing under
25    subsection (c-5) of Section 11-20.1 of the Criminal Code
26    of 1961 or the Criminal Code of 2012, if committed on or

 

 

HB5419- 19 -LRB102 20704 RLC 35358 b

1    after January 1, 2009, 18 months;
2        (2) except as provided in paragraph (7) of this
3    subsection (d), for a Class 1 felony or a Class 2 felony
4    except for the offense of criminal sexual assault if
5    committed on or after December 13, 2005 (the effective
6    date of Public Act 94-715) and except for the offenses of
7    manufacture and dissemination of child pornography under
8    clauses (a)(1) and (a)(2) of Section 11-20.1 of the
9    Criminal Code of 1961 or the Criminal Code of 2012, if
10    committed on or after January 1, 2009, 12 months;
11        (3) except as provided in paragraph (4), (6), or (7)
12    of this subsection (d), a mandatory supervised release
13    term shall not be imposed for a Class 3 felony or a Class 4
14    felony; unless:
15            (A) the Prisoner Review Board, based on a
16        validated risk and needs assessment, determines it is
17        necessary for an offender to serve a mandatory
18        supervised release term;
19            (B) if the Prisoner Review Board determines a
20        mandatory supervised release term is necessary
21        pursuant to subparagraph (A) of this paragraph (3),
22        the Prisoner Review Board shall specify the maximum
23        number of months of mandatory supervised release the
24        offender may serve, limited to a term of: (i) 12 months
25        for a Class 3 felony; and (ii) 12 months for a Class 4
26        felony;

 

 

HB5419- 20 -LRB102 20704 RLC 35358 b

1        (4) for defendants who commit the offense of predatory
2    criminal sexual assault of a child, aggravated criminal
3    sexual assault, or criminal sexual assault, on or after
4    December 13, 2005 (the effective date of Public Act
5    94-715), or who commit the offense of aggravated child
6    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
7    with sentencing under subsection (c-5) of Section 11-20.1
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    manufacture of child pornography, or dissemination of
10    child pornography after January 1, 2009, the term of
11    mandatory supervised release shall range from a minimum of
12    3 years to a maximum of the natural life of the defendant;
13        (5) if the victim is under 18 years of age, for a
14    second or subsequent offense of aggravated criminal sexual
15    abuse or felony criminal sexual abuse, 4 years, at least
16    the first 2 years of which the defendant shall serve in an
17    electronic monitoring or home detention program under
18    Article 8A of Chapter V of this Code;
19        (6) for a felony domestic battery, aggravated domestic
20    battery, stalking, aggravated stalking, and a felony
21    violation of an order of protection, 4 years;
22        (7) for any felony described in paragraph (a)(2)(ii),
23    (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
24    (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
25    3-6-3 of the Unified Code of Corrections requiring an
26    inmate to serve a minimum of 85% of their court-imposed

 

 

HB5419- 21 -LRB102 20704 RLC 35358 b

1    sentence, except for the offenses of predatory criminal
2    sexual assault of a child, aggravated criminal sexual
3    assault, and criminal sexual assault if committed on or
4    after December 13, 2005 (the effective date of Public Act
5    94-715) and except for the offense of aggravated child
6    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
7    with sentencing under subsection (c-5) of Section 11-20.1
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    if committed on or after January 1, 2009 and except as
10    provided in paragraph (4) or paragraph (6) of this
11    subsection (d), the term of mandatory supervised release
12    shall be as follows:
13            (A) Class X felony, 3 years;
14            (B) Class 1 or Class 2 felonies, 2 years;
15            (C) Class 3 or Class 4 felonies, 1 year.
16    (e) (Blank).
17    (f) (Blank).
18    (g) Notwithstanding any other provisions of this Act and
19of Public Act 101-652: (i) the provisions of paragraph (3) of
20subsection (d) are effective on January 1, 2022 and shall
21apply to all individuals convicted on or after the effective
22date of paragraph (3) of subsection (d); and (ii) the
23provisions of paragraphs (1.5) and (2) of subsection (d) are
24effective on July 1, 2021 and shall apply to all individuals
25convicted on or after the effective date of paragraphs (1.5)
26and (2) of subsection (d).

 

 

HB5419- 22 -LRB102 20704 RLC 35358 b

1(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
2102-28, eff. 6-25-21; 102-687, eff. 12-17-21.)