98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1858

 

Introduced 2/15/2013, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012 and the Unified Code of Corrections. Eliminates mandatory sentences of natural life imprisonment for persons convicted of offenses committed before they attain 18 years of age. Provides that a person who was under 18 years of age at the time of an offense, may, after serving 15 years of his or her sentence of either life imprisonment or a term of 40 years or longer of imprisonment, submit a motion in the circuit court of the county in which he or she was originally sentenced for resentencing. Provides that the petitioner shall be eligible to file a second motion for resentencing not sooner than 10 years or longer than 20 years as determined by the court at the first resentencing hearing. Provides that the petitioner may file a motion seeking leave for resentencing upon reaching the age of 60. Establishes procedures and factors that the court shall use in considering the motion. Provides that on or after the effective date of the amendatory Act, when a person was under 18 years of age at the time of the commission of an offense, the court, at the sentencing hearing, shall consider specified factors in determining the appropriate sentence. Provides that no retroactive resentencing hearing shall be conducted until one year after the effective date of the amendatory Act. Provides that within one year of the effective date of the amendatory Act, the Illinois Juvenile Justice Commission shall present the General Assembly with evidence-based findings regarding the effects of sentencing minors as adults. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1858LRB098 06111 RLC 40633 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 10-2, 11-1.20, 11-1.30, 11-1.40, 12-33, 29D-14.9, and
629D-35 as follows:
 
7    (720 ILCS 5/10-2)  (from Ch. 38, par. 10-2)
8    Sec. 10-2. Aggravated kidnaping.
9    (a) A person commits the offense of aggravated kidnaping
10when he or she commits kidnapping and:
11        (1) kidnaps with the intent to obtain ransom from the
12    person kidnaped or from any other person;
13        (2) takes as his or her victim a child under the age of
14    13 years, or a severely or profoundly intellectually
15    disabled person;
16        (3) inflicts great bodily harm, other than by the
17    discharge of a firearm, or commits another felony upon his
18    or her victim;
19        (4) wears a hood, robe, or mask or conceals his or her
20    identity;
21        (5) commits the offense of kidnaping while armed with a
22    dangerous weapon, other than a firearm, as defined in
23    Section 33A-1 of this Code;

 

 

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1        (6) commits the offense of kidnaping while armed with a
2    firearm;
3        (7) during the commission of the offense of kidnaping,
4    personally discharges a firearm; or
5        (8) during the commission of the offense of kidnaping,
6    personally discharges a firearm that proximately causes
7    great bodily harm, permanent disability, permanent
8    disfigurement, or death to another person.
9    As used in this Section, "ransom" includes money, benefit,
10or other valuable thing or concession.
11    (b) Sentence. Aggravated kidnaping in violation of
12paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
13Class X felony. A violation of subsection (a)(6) is a Class X
14felony for which 15 years shall be added to the term of
15imprisonment imposed by the court. A violation of subsection
16(a)(7) is a Class X felony for which 20 years shall be added to
17the term of imprisonment imposed by the court. A violation of
18subsection (a)(8) is a Class X felony for which 25 years or up
19to a term of natural life shall be added to the term of
20imprisonment imposed by the court. An offender under the age of
2118 years at the time of the commission of aggravated kidnaping
22in violation of paragraphs (1) through (8) of subsection (a)
23commits a Class X felony and shall be sentenced under Section
245-4.5-105 of the Unified Code of Corrections.
25    A person who has attained the age of 18 years at the time
26of the commission of the offense and who is convicted of a

 

 

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1second or subsequent offense of aggravated kidnaping shall be
2sentenced to a term of natural life imprisonment; except that a
3sentence of natural life imprisonment shall not be imposed
4under this Section unless the second or subsequent offense was
5committed after conviction on the first offense. An offender
6under the age of 18 years at the time of the commission of the
7second or subsequent offense shall be sentenced under Section
85-4.5-105 of the Unified Code of Corrections.
9(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
 
10    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)
11    Sec. 11-1.20. Criminal Sexual Assault.
12    (a) A person commits criminal sexual assault if that person
13commits an act of sexual penetration and:
14        (1) uses force or threat of force;
15        (2) knows that the victim is unable to understand the
16    nature of the act or is unable to give knowing consent;
17        (3) is a family member of the victim, and the victim is
18    under 18 years of age; or
19        (4) is 17 years of age or over and holds a position of
20    trust, authority, or supervision in relation to the victim,
21    and the victim is at least 13 years of age but under 18
22    years of age.
23    (b) Sentence.
24        (1) Criminal sexual assault is a Class 1 felony, except
25    that:

 

 

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1            (A) A person who is convicted of the offense of
2        criminal sexual assault as defined in paragraph (a)(1)
3        or (a)(2) after having previously been convicted of the
4        offense of criminal sexual assault or the offense of
5        exploitation of a child, or who is convicted of the
6        offense of criminal sexual assault as defined in
7        paragraph (a)(1) or (a)(2) after having previously
8        been convicted under the laws of this State or any
9        other state of an offense that is substantially
10        equivalent to the offense of criminal sexual assault or
11        to the offense of exploitation of a child, commits a
12        Class X felony for which the person shall be sentenced
13        to a term of imprisonment of not less than 30 years and
14        not more than 60 years, except that where the person is
15        under the age of 18 years at the time of the offense,
16        he or she shall be sentenced under Section 5-4.5-105 of
17        the Unified Code of Corrections. The commission of the
18        second or subsequent offense is required to have been
19        after the initial conviction for this paragraph (A) to
20        apply.
21            (B) 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 of the offense of criminal sexual assault as
24        defined in paragraph (a)(1) or (a)(2) after having
25        previously been convicted of the offense of aggravated
26        criminal sexual assault or the offense of predatory

 

 

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1        criminal sexual assault of a child, or who is convicted
2        of the offense of criminal sexual assault as defined in
3        paragraph (a)(1) or (a)(2) after having previously
4        been convicted under the laws of this State or any
5        other state of an offense that is substantially
6        equivalent to the offense of aggravated criminal
7        sexual assault or the offense of predatory criminal
8        sexual assault of a child shall be sentenced to a term
9        of natural life imprisonment. The commission of the
10        second or subsequent offense is required to have been
11        after the initial conviction for this paragraph (B) to
12        apply. An offender under the age of 18 years at the
13        time of the commission of the offense covered by this
14        subparagraph (B) shall be sentenced under Section
15        5-4.5-105 of the Unified Code of Corrections.
16            (C) A second or subsequent conviction for a
17        violation of paragraph (a)(3) or (a)(4) or under any
18        similar statute of this State or any other state for
19        any offense involving criminal sexual assault that is
20        substantially equivalent to or more serious than the
21        sexual assault prohibited under paragraph (a)(3) or
22        (a)(4) is a Class X felony.
23(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)
 
24    (720 ILCS 5/11-1.30)  (was 720 ILCS 5/12-14)
25    Sec. 11-1.30. Aggravated Criminal Sexual Assault.

 

 

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1    (a) A person commits aggravated criminal sexual assault if
2that person commits criminal sexual assault and any of the
3following aggravating circumstances exist during the
4commission of the offense or, for purposes of paragraph (7),
5occur as part of the same course of conduct as the commission
6of the offense:
7        (1) the person displays, threatens to use, or uses a
8    dangerous weapon, other than a firearm, or any other object
9    fashioned or used in a manner that leads the victim, under
10    the circumstances, reasonably to believe that the object is
11    a dangerous weapon;
12        (2) the person causes bodily harm to the victim, except
13    as provided in paragraph (10);
14        (3) the person acts in a manner that threatens or
15    endangers the life of the victim or any other person;
16        (4) the person commits the criminal sexual assault
17    during the course of committing or attempting to commit any
18    other felony;
19        (5) the victim is 60 years of age or older;
20        (6) the victim is a physically handicapped person;
21        (7) the person delivers (by injection, inhalation,
22    ingestion, transfer of possession, or any other means) any
23    controlled substance to the victim without the victim's
24    consent or by threat or deception for other than medical
25    purposes;
26        (8) the person is armed with a firearm;

 

 

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1        (9) the person personally discharges a firearm during
2    the commission of the offense; or
3        (10) the person personally discharges a firearm during
4    the commission of the offense, and that discharge
5    proximately causes great bodily harm, permanent
6    disability, permanent disfigurement, or death to another
7    person.
8    (b) A person commits aggravated criminal sexual assault if
9that person is under 17 years of age and: (i) commits an act of
10sexual penetration with a victim who is under 9 years of age;
11or (ii) commits an act of sexual penetration with a victim who
12is at least 9 years of age but under 13 years of age and the
13person uses force or threat of force to commit the act.
14    (c) A person commits aggravated criminal sexual assault if
15that person commits an act of sexual penetration with a victim
16who is a severely or profoundly intellectually disabled person.
17    (d) Sentence.
18        (1) Aggravated criminal sexual assault in violation of
19    paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
20    or in violation of subsection (b) or (c) is a Class X
21    felony. A violation of subsection (a)(1) is a Class X
22    felony for which 10 years shall be added to the term of
23    imprisonment imposed by the court. A violation of
24    subsection (a)(8) is a Class X felony for which 15 years
25    shall be added to the term of imprisonment imposed by the
26    court. A violation of subsection (a)(9) is a Class X felony

 

 

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1    for which 20 years shall be added to the term of
2    imprisonment imposed by the court. A violation of
3    subsection (a)(10) is a Class X felony for which 25 years
4    or up to a term of natural life imprisonment shall be added
5    to the term of imprisonment imposed by the court. An
6    offender under the age of 18 years at the time of the
7    commission of aggravated criminal sexual assault in
8    violation of paragraphs (1) through (10) of subsection (a)
9    commits a Class X felony and shall be sentenced under
10    Section 5-4.5-105 of the Unified Code of Corrections.
11        (2) A person who has attained the age of 18 years at
12    the time of the commission of the offense and who is
13    convicted of a second or subsequent offense of aggravated
14    criminal sexual assault, or who is convicted of the offense
15    of aggravated criminal sexual assault after having
16    previously been convicted of the offense of criminal sexual
17    assault or the offense of predatory criminal sexual assault
18    of a child, or who is convicted of the offense of
19    aggravated criminal sexual assault after having previously
20    been convicted under the laws of this or any other state of
21    an offense that is substantially equivalent to the offense
22    of criminal sexual assault, the offense of aggravated
23    criminal sexual assault or the offense of predatory
24    criminal sexual assault of a child, shall be sentenced to a
25    term of natural life imprisonment. The commission of the
26    second or subsequent offense is required to have been after

 

 

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1    the initial conviction for this paragraph (2) to apply. An
2    offender under the age of 18 years at the time of the
3    commission of the offense covered by this subparagraph (2)
4    shall be sentenced under Section 5-4.5-105 of the Unified
5    Code of Corrections.
6(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
71-1-12; 97-1109, eff. 1-1-13.)
 
8    (720 ILCS 5/11-1.40)   (was 720 ILCS 5/12-14.1)
9    Sec. 11-1.40. Predatory criminal sexual assault of a child.
10    (a) A person commits predatory criminal sexual assault of a
11child if that person commits an act of sexual penetration, is
1217 years of age or older, and:
13        (1) the victim is under 13 years of age; or
14        (2) the victim is under 13 years of age and that
15    person:
16            (A) is armed with a firearm;
17            (B) personally discharges a firearm during the
18        commission of the offense;
19            (C) causes great bodily harm to the victim that:
20                (i) results in permanent disability; or
21                (ii) is life threatening; or
22            (D) delivers (by injection, inhalation, ingestion,
23        transfer of possession, or any other means) any
24        controlled substance to the victim without the
25        victim's consent or by threat or deception, for other

 

 

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1        than medical purposes.
2    (b) Sentence.
3        (1) A person convicted of a violation of subsection
4    (a)(1) commits a Class X felony, for which the person shall
5    be sentenced to a term of imprisonment of not less than 6
6    years and not more than 60 years. A person convicted of a
7    violation of subsection (a)(2)(A) commits a Class X felony
8    for which 15 years shall be added to the term of
9    imprisonment imposed by the court. A person convicted of a
10    violation of subsection (a)(2)(B) commits a Class X felony
11    for which 20 years shall be added to the term of
12    imprisonment imposed by the court. A person who has
13    attained the age of 18 years at the time of the commission
14    of the offense and who is convicted of a violation of
15    subsection (a)(2)(C) commits a Class X felony for which the
16    person shall be sentenced to a term of imprisonment of not
17    less than 50 years or up to a term of natural life
18    imprisonment. An offender under the age of 18 years at the
19    time of the commission of predatory criminal sexual assault
20    of a child in violation of subsections (a) (1), (a) (2)
21    (A), (a) (2) (B), and (a)(2)(C) commits a Class X felony
22    and shall be sentenced under Section 5-4.5-105 of the
23    Unified Code of Corrections.
24        (1.1) A person convicted of a violation of subsection
25    (a)(2)(D) commits a Class X felony for which the person
26    shall be sentenced to a term of imprisonment of not less

 

 

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1    than 50 years and not more than 60 years. An offender under
2    the age of 18 years at the time of the commission of
3    predatory criminal sexual assault of a child in violation
4    of subsection (a) (2) (D) commits a Class X felony and
5    shall be sentenced under Section 5-4.5-105 of the Unified
6    Code of Corrections.
7        (1.2) A person who has attained the age of 18 years at
8    the time of the commission of the offense and who is
9    convicted of predatory criminal sexual assault of a child
10    committed against 2 or more persons regardless of whether
11    the offenses occurred as the result of the same act or of
12    several related or unrelated acts shall be sentenced to a
13    term of natural life imprisonment and an offender under the
14    age of 18 years at the time of the commission of the
15    offense shall be sentenced under Section 5-4.5-105 of the
16    Unified Code of Corrections.
17        (2) A person who has attained the age of 18 years at
18    the time of the commission of the offense and who is
19    convicted of a second or subsequent offense of predatory
20    criminal sexual assault of a child, or who is convicted of
21    the offense of predatory criminal sexual assault of a child
22    after having previously been convicted of the offense of
23    criminal sexual assault or the offense of aggravated
24    criminal sexual assault, or who is convicted of the offense
25    of predatory criminal sexual assault of a child after
26    having previously been convicted under the laws of this

 

 

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1    State or any other state of an offense that is
2    substantially equivalent to the offense of predatory
3    criminal sexual assault of a child, the offense of
4    aggravated criminal sexual assault or the offense of
5    criminal sexual assault, shall be sentenced to a term of
6    natural life imprisonment. The commission of the second or
7    subsequent offense is required to have been after the
8    initial conviction for this paragraph (2) to apply. An
9    offender under the age of 18 years at the time of the
10    commission of the offense covered by this subparagraph (2)
11    shall be sentenced under Section 5-4.5-105 of the Unified
12    Code of Corrections.
13(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)
 
14    (720 ILCS 5/12-33)  (from Ch. 38, par. 12-33)
15    Sec. 12-33. Ritualized abuse of a child.
16    (a) A person commits ritualized abuse of a child when he or
17she knowingly commits any of the following acts with, upon, or
18in the presence of a child as part of a ceremony, rite or any
19similar observance:
20        (1) actually or in simulation, tortures, mutilates, or
21    sacrifices any warm-blooded animal or human being;
22        (2) forces ingestion, injection or other application
23    of any narcotic, drug, hallucinogen or anaesthetic for the
24    purpose of dulling sensitivity, cognition, recollection
25    of, or resistance to any criminal activity;

 

 

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1        (3) forces ingestion, or external application, of
2    human or animal urine, feces, flesh, blood, bones, body
3    secretions, nonprescribed drugs or chemical compounds;
4        (4) involves the child in a mock, unauthorized or
5    unlawful marriage ceremony with another person or
6    representation of any force or deity, followed by sexual
7    contact with the child;
8        (5) places a living child into a coffin or open grave
9    containing a human corpse or remains;
10        (6) threatens death or serious harm to a child, his or
11    her parents, family, pets, or friends that instills a
12    well-founded fear in the child that the threat will be
13    carried out; or
14        (7) unlawfully dissects, mutilates, or incinerates a
15    human corpse.
16    (b) The provisions of this Section shall not be construed
17to apply to:
18        (1) lawful agricultural, animal husbandry, food
19    preparation, or wild game hunting and fishing practices and
20    specifically the branding or identification of livestock;
21        (2) the lawful medical practice of male circumcision or
22    any ceremony related to male circumcision;
23        (3) any state or federally approved, licensed, or
24    funded research project; or
25        (4) the ingestion of animal flesh or blood in the
26    performance of a religious service or ceremony.

 

 

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1    (b-5) For the purposes of this Section, "child" means any
2person under 18 years of age.
3    (c) Ritualized abuse of a child is a Class 1 felony for a
4first offense. A second or subsequent conviction for ritualized
5abuse of a child is a Class X felony for which an the offender
6who has attained the age of 18 years at the time of the
7commission of the offense may be sentenced to a term of natural
8life imprisonment and an offender under the age of 18 years at
9the time of the commission of the offense shall be sentenced
10under Section 5-4.5-105 of the Unified Code of Corrections.
11    (d) (Blank).
12(Source: P.A. 96-1551, eff. 7-1-11.)
 
13    (720 ILCS 5/29D-14.9)   (was 720 ILCS 5/29D-30)
14    Sec. 29D-14.9. Terrorism.
15    (a) A person commits the offense of terrorism when, with
16the intent to intimidate or coerce a significant portion of a
17civilian population:
18        (1) he or she knowingly commits a terrorist act as
19    defined in Section 29D-10(1) of this Code within this
20    State; or
21        (2) he or she, while outside this State, knowingly
22    commits a terrorist act as defined in Section 29D-10(1) of
23    this Code that takes effect within this State or produces
24    substantial detrimental effects within this State.
25    (b) Sentence. Terrorism is a Class X felony. If no deaths

 

 

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1are caused by the terrorist act, the sentence shall be a term
2of 20 years to natural life imprisonment; if the terrorist act
3caused the death of one or more persons, however, a mandatory
4term of natural life imprisonment shall be the sentence if the
5death penalty is not imposed and the person has attained the
6age of 18 years at the time of the commission of the offense.
7An offender under the age of 18 years at the time of the
8commission of the offense shall be sentenced under Section
95-4.5-105 of the Unified Code of Corrections.
10(Source: P.A. 96-710, eff. 1-1-10.)
 
11    (720 ILCS 5/29D-35)
12    Sec. 29D-35. Hindering prosecution of terrorism.
13    (a) A person commits the offense of hindering prosecution
14of terrorism when he or she renders criminal assistance to a
15person who has committed terrorism as defined in Section
1629D-14.9 or caused a catastrophe as defined in Section 29D-15.1
17of this Code when he or she knows that the person to whom he or
18she rendered criminal assistance engaged in an act of terrorism
19or caused a catastrophe.
20    (b) Hindering prosecution of terrorism is a Class X felony,
21the sentence for which shall be a term of 20 years to natural
22life imprisonment if no death was caused by the act of
23terrorism committed by the person to whom the defendant
24rendered criminal assistance and a mandatory term of natural
25life imprisonment if death was caused by the act of terrorism

 

 

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1committed by the person to whom the defendant rendered criminal
2assistance. An offender under the age of 18 years at the time
3of the commission of the offense shall be sentenced under
4Section 5-4.5-105 of the Unified Code of Corrections.
5(Source: P.A. 96-710, eff. 1-1-10.)
 
6    Section 10. The Unified Code of Corrections is amended by
7changing Sections 5-4.5-95 and 5-8-1 and by adding Section
85-4.5-105 as follows:
 
9    (730 ILCS 5/5-4.5-95)
10    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
11    (a) HABITUAL CRIMINALS.
12        (1) Every person who has been twice convicted in any
13    state or federal court of an offense that contains the same
14    elements as an offense now (the date of the offense
15    committed after the 2 prior convictions) classified in
16    Illinois as a Class X felony, criminal sexual assault,
17    aggravated kidnapping, or first degree murder, and who is
18    thereafter convicted of a Class X felony, criminal sexual
19    assault, or first degree murder, committed after the 2
20    prior convictions, shall be adjudged an habitual criminal.
21        (2) The 2 prior convictions need not have been for the
22    same offense.
23        (3) Any convictions that result from or are connected
24    with the same transaction, or result from offenses

 

 

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1    committed at the same time, shall be counted for the
2    purposes of this Section as one conviction.
3        (4) This Section does not apply unless each of the
4    following requirements are satisfied:
5            (A) The third offense was committed after July 3,
6        1980.
7            (B) The third offense was committed within 20 years
8        of the date that judgment was entered on the first
9        conviction; provided, however, that time spent in
10        custody shall not be counted.
11            (C) The third offense was committed after
12        conviction on the second offense.
13            (D) The second offense was committed after
14        conviction on the first offense.
15        (5) Anyone who, having attained the age of 18 at the
16    time of the third offense, is Except when the death penalty
17    is imposed, anyone adjudged an habitual criminal shall be
18    sentenced to a term of natural life imprisonment.
19        (6) A prior conviction shall not be alleged in the
20    indictment, and no evidence or other disclosure of that
21    conviction shall be presented to the court or the jury
22    during the trial of an offense set forth in this Section
23    unless otherwise permitted by the issues properly raised in
24    that trial. After a plea or verdict or finding of guilty
25    and before sentence is imposed, the prosecutor may file
26    with the court a verified written statement signed by the

 

 

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1    State's Attorney concerning any former conviction of an
2    offense set forth in this Section rendered against the
3    defendant. The court shall then cause the defendant to be
4    brought before it; shall inform the defendant of the
5    allegations of the statement so filed, and of his or her
6    right to a hearing before the court on the issue of that
7    former conviction and of his or her right to counsel at
8    that hearing; and unless the defendant admits such
9    conviction, shall hear and determine the issue, and shall
10    make a written finding thereon. If a sentence has
11    previously been imposed, the court may vacate that sentence
12    and impose a new sentence in accordance with this Section.
13        (7) A duly authenticated copy of the record of any
14    alleged former conviction of an offense set forth in this
15    Section shall be prima facie evidence of that former
16    conviction; and a duly authenticated copy of the record of
17    the defendant's final release or discharge from probation
18    granted, or from sentence and parole supervision (if any)
19    imposed pursuant to that former conviction, shall be prima
20    facie evidence of that release or discharge.
21        (8) Any claim that a previous conviction offered by the
22    prosecution is not a former conviction of an offense set
23    forth in this Section because of the existence of any
24    exceptions described in this Section, is waived unless duly
25    raised at the hearing on that conviction, or unless the
26    prosecution's proof shows the existence of the exceptions

 

 

SB1858- 19 -LRB098 06111 RLC 40633 b

1    described in this Section.
2        (9) If the person so convicted shows to the
3    satisfaction of the court before whom that conviction was
4    had that he or she was released from imprisonment, upon
5    either of the sentences upon a pardon granted for the
6    reason that he or she was innocent, that conviction and
7    sentence shall not be considered under this Section.
8    (b) When a defendant, over the age of 21 years, is
9convicted of a Class 1 or Class 2 felony, after having twice
10been convicted in any state or federal court of an offense that
11contains the same elements as an offense now (the date the
12Class 1 or Class 2 felony was committed) classified in Illinois
13as a Class 2 or greater Class felony and those charges are
14separately brought and tried and arise out of different series
15of acts, that defendant shall be sentenced as a Class X
16offender. This subsection does not apply unless:
17        (1) the first felony was committed after February 1,
18    1978 (the effective date of Public Act 80-1099);
19        (2) the second felony was committed after conviction on
20    the first; and
21        (3) the third felony was committed after conviction on
22    the second.
23    A person sentenced as a Class X offender under this
24subsection (b) is not eligible to apply for treatment as a
25condition of probation as provided by Section 40-10 of the
26Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS

 

 

SB1858- 20 -LRB098 06111 RLC 40633 b

1301/40-10).
2(Source: P.A. 95-1052, eff. 7-1-09.)
 
3    (730 ILCS 5/5-4.5-105 new)
4    Sec. 5-4.5-105. SENTENCING AND RESENTENCING OF INDIVIDUALS
5UNDER THE AGE OF 18 AT THE TIME OF THE COMMISSION OF AN
6OFFENSE.
7    (a) On or after the effective date of this amendatory Act
8of the 98th General Assembly, when a person commits an offense
9and the person is under 18 years of age at the time of the
10commission of the offense, the court, at the sentencing hearing
11conducted under Section 5-4-1, shall consider the following
12additional factors in determining the appropriate sentence:
13        (1) the petitioner's age, impetuosity, and level of
14    maturity at the time of the offense, including the ability
15    to consider risks and consequences of behavior;
16        (2) the petitioner's susceptibility to outside
17    pressure, including peer pressure, familial pressure, or
18    negative influences, at the time of the offense;
19        (3) the petitioner's family, home environment, and
20    social background, including any history of parental
21    neglect, physical abuse, or other childhood trauma;
22        (4) the petitioner's potential for rehabilitation or
23    evidence of rehabilitation, or both;
24        (5) the circumstances of the offense;
25        (6) the petitioner's degree of participation and

 

 

SB1858- 21 -LRB098 06111 RLC 40633 b

1    specific role in the offense;
2        (7) whether the petitioner was able to meaningfully
3    participate in his or her defense;
4        (8) the petitioner's overall record of behavior while
5    incarcerated, including disciplinary history,
6    participation in educational and vocational programs
7    whenever available to the petitioner, including but not
8    limited to restorative justice programs, and extent of
9    cooperation with staff;
10        (9) the petitioner's likelihood of committing future
11    offenses, including the petitioner's likely
12    post-incarceration support system;
13        (10) the petitioner's prior juvenile or criminal
14    history; and
15        (11) any other information the court finds relevant and
16    reliable, including an expression of remorse, if
17    appropriate.
18    The court may sentence the defendant to any appropriate
19sentence as provided by law, subject to subsection (b).
20    (b) Any person who was under 18 years of age at the time of
21the commission of an offense may, after serving 15 years of his
22or her sentence of either life imprisonment or a term of 40
23years or longer of imprisonment, submit a motion for
24resentencing in the circuit court of the county in which he or
25she was originally sentenced. The procedure for resentencing
26shall occur in the following manner:

 

 

SB1858- 22 -LRB098 06111 RLC 40633 b

1        (1) The chief judge of the criminal division of the
2    circuit located in a county of 2,000,000 or more
3    inhabitants, or in counties under 2,000,000 inhabitants,
4    the chief judge of the circuit or a judge assigned by the
5    chief judge, in which the motion is filed, shall assign the
6    matter to any judge.
7        (2) Upon receipt of the motion and assignment to a
8    judge, the judge shall docket the petition. If the
9    petitioner is without counsel and alleges in the motion for
10    resentencing that he or she is without means to procure
11    counsel, he or she shall state whether or not he or she
12    wishes counsel to be appointed to represent him or her. If
13    appointment of counsel is requested, the court shall
14    appoint counsel if satisfied that the petitioner has no
15    means to procure counsel. The clerk of the circuit court
16    shall serve a copy of the motion to the State's Attorney of
17    that county or his or her representative.
18        (3) Upon receipt of the motion for resentencing, the
19    State's Attorney's Office shall provide the victim or his
20    or her family, or both, with a copy of the motion.
21        (4) The petitioner, if pro se, or his or her attorney
22    may amend the motion for resentencing.
23        (5) The State's Attorney must be afforded an
24    opportunity to respond to the motion and the court shall
25    provide the petitioner with the opportunity to reply.
26        (6) Within 90 days after the filing of the motion for

 

 

SB1858- 23 -LRB098 06111 RLC 40633 b

1    resentencing, the court shall set the matter for a
2    resentencing hearing. This date may be extended by motion
3    of either party and at the court's discretion for good
4    cause shown.
5        (7) At the resentencing hearing, the court shall:
6            (A) consider the factors listed in paragraphs (1)
7        through (11) of subsection (a);
8            (B) consider the evidence, if any, received upon
9        the trial;
10            (C) consider any presentence reports;
11            (D) consider the financial impact of incarceration
12        based on the financial impact statement filed with the
13        clerk of the court by the Department of Corrections;
14            (E) consider any additional evidence and
15        information offered by the parties in aggravation and
16        mitigation, including, but not limited to, scientific
17        evidence of recidivism;
18            (F) consider the petitioner's acceptance of
19        responsibility for the crime or expressions of
20        remorse, or both. However, nothing in this subsection
21        shall be construed against a petitioner who avers a
22        good faith claim of innocence;
23            (G) hear arguments as to sentencing alternatives;
24            (H) afford the petitioner the opportunity to make a
25        statement in his or her own behalf;
26            (I) afford the victim or families of victims of the

 

 

SB1858- 24 -LRB098 06111 RLC 40633 b

1        crime, or both, for which the petitioner was originally
2        sentenced an opportunity to provide a victim impact
3        statement to the court. The court shall permit those
4        statements and may consider the live testimony of a
5        victim or a victim representative at its discretion.
6        (8) Following the resentencing hearing, the court may
7    re-sentence the petitioner to any appropriate sentence,
8    subject to paragraph (9). In resentencing the petitioner,
9    the court must make a finding detailing its consideration
10    of the factors listed in paragraph (7).
11        (9) The petitioner shall be eligible to file a second
12    motion for resentencing not sooner than 10 years or longer
13    than 20 years as determined by the court at the first
14    resentencing hearing. In considering the motion, the court
15    shall follow the procedure stated in this Section.
16        (10) The petitioner may file a motion seeking leave for
17    resentencing upon reaching the age of 60. The motion must
18    clearly set forth the need for resentencing, including the
19    efforts the petitioner has made towards rehabilitation and
20    his or her demonstrated maturity.
21            (A) Within 90 days after the filing of this motion,
22        the court shall examine the motion and enter an order
23        thereon. If the court determines the motion is
24        frivolous or is patently without merit, it shall deny
25        the motion in a written order, specifying the
26        underlying basis for its decision that continued

 

 

SB1858- 25 -LRB098 06111 RLC 40633 b

1        incarceration is appropriate and necessary. The order
2        is a final judgment and shall be served upon the
3        petitioner by certified mail within 10 days of its
4        entry.
5            (B) If the petition is not dismissed under
6        subparagraph (A), the court shall order the motion for
7        resentencing to be docketed for further consideration
8        in accordance with the procedure stated in this
9        Section.
10            (C) In considering a motion under this paragraph
11        (14), the court may examine the court file of the
12        proceeding in which the petitioner was convicted, any
13        action taken by an appellate court in that proceeding,
14        any transcripts of that proceeding, and any transcript
15        or court documents from previous proceedings under
16        this Section.
17        (11) This Section shall operate retroactively to
18    provide any person incarcerated for a crime committed when
19    he or she was under the age of 18 years and serving life
20    imprisonment or a term of 40 years or more of imprisonment
21    and committed before the effective date of this amendatory
22    Act of the 98th General Assembly with the opportunity to
23    file a motion for resentencing under this Section under the
24    terms provided in this Section. No retroactive
25    resentencing hearing shall be conducted under this Section
26    until one year after the effective date of this amendatory

 

 

SB1858- 26 -LRB098 06111 RLC 40633 b

1    Act of the 98th General Assembly.
2        (12) Notwithstanding anything else to the contrary in
3    this Section, nothing in this Section shall be construed to
4    delay parole or mandatory supervised release consideration
5    for petitioners who, prior to the effective date of this
6    amendatory Act of the 98th General Assembly, are or will be
7    eligible for release earlier than this Section provides.
8        (13) Within one year of the effective date of this
9    amendatory Act of the 98th General Assembly, the Illinois
10    Juvenile Justice Commission shall present the General
11    Assembly with evidence-based findings regarding the
12    effects of sentencing minors as adults.
 
13    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
14    Sec. 5-8-1. Natural life imprisonment; enhancements for
15use of a firearm; mandatory supervised release terms.
16    (a) Except as otherwise provided in the statute defining
17the offense or in Article 4.5 of Chapter V, a sentence of
18imprisonment for a felony shall be a determinate sentence set
19by the court under this Section, according to the following
20limitations:
21        (1) for first degree murder,
22            (a) (blank),
23            (b) if a trier of fact finds beyond a reasonable
24        doubt that the murder was accompanied by exceptionally
25        brutal or heinous behavior indicative of wanton

 

 

SB1858- 27 -LRB098 06111 RLC 40633 b

1        cruelty or, except as set forth in subsection (a)(1)(c)
2        of this Section, that any of the aggravating factors
3        listed in subsection (b) or (b-5) of Section 9-1 of the
4        Criminal Code of 1961 or the Criminal Code of 2012 are
5        present, the court may sentence the defendant, subject
6        to the limitations found in Section 5-4.5-105, to a
7        term of natural life imprisonment, or
8            (c) the court shall sentence the defendant to a
9        term of natural life imprisonment when the death
10        penalty is not imposed if the defendant, at the time of
11        the commission of the murder, had attained the age of
12        18, and
13                (i) has previously been convicted of first
14            degree murder under any state or federal law, or
15                (ii) is a person who, at the time of the
16            commission of the murder, had attained the age of
17            17 or more and is found guilty of murdering an
18            individual under 12 years of age; or, irrespective
19            of the defendant's age at the time of the
20            commission of the offense, is found guilty of
21            murdering more than one victim, or
22                (iii) is found guilty of murdering a peace
23            officer, fireman, or emergency management worker
24            when the peace officer, fireman, or emergency
25            management worker was killed in the course of
26            performing his official duties, or to prevent the

 

 

SB1858- 28 -LRB098 06111 RLC 40633 b

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

 

 

SB1858- 29 -LRB098 06111 RLC 40633 b

1            murdered individual was an emergency medical
2            technician - ambulance, emergency medical
3            technician - intermediate, emergency medical
4            technician - paramedic, ambulance driver, or other
5            medical assistant or first aid personnel, or
6                (vi) (blank), or is a person who, at the time
7            of the commission of the murder, had not attained
8            the age of 17, and is found guilty of murdering a
9            person under 12 years of age and the murder is
10            committed during the course of aggravated criminal
11            sexual assault, criminal sexual assault, or
12            aggravated kidnaping, or
13                (vii) is found guilty of first degree murder
14            and the murder was committed by reason of any
15            person's activity as a community policing
16            volunteer or to prevent any person from engaging in
17            activity as a community policing volunteer. For
18            the purpose of this Section, "community policing
19            volunteer" has the meaning ascribed to it in
20            Section 2-3.5 of the Criminal Code of 2012.
21            For purposes of clause (v), "emergency medical
22        technician - ambulance", "emergency medical technician -
23         intermediate", "emergency medical technician -
24        paramedic", have the meanings ascribed to them in the
25        Emergency Medical Services (EMS) Systems Act.
26            (d) (i) if the person committed the offense while

 

 

SB1858- 30 -LRB098 06111 RLC 40633 b

1            armed with a firearm, 15 years shall be added to
2            the term of imprisonment imposed by the court;
3                (ii) if, during the commission of the offense,
4            the person personally discharged a firearm, 20
5            years shall be added to the term of imprisonment
6            imposed by the court;
7                (iii) if, during the commission of the
8            offense, the person personally discharged a
9            firearm that proximately caused great bodily harm,
10            permanent disability, permanent disfigurement, or
11            death to another person, 25 years or up to a term
12            of natural life shall be added to the term of
13            imprisonment imposed by the court.
14        (2) (blank);
15        (2.5) for a person convicted under the circumstances
16    described in subdivision (b)(1)(B) of Section 11-1.20 or
17    paragraph (3) of subsection (b) of Section 12-13,
18    subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
19    subsection (d) of Section 12-14, subdivision (b)(1.2) of
20    Section 11-1.40 or paragraph (1.2) of subsection (b) of
21    Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or
22    paragraph (2) of subsection (b) of Section 12-14.1 of the
23    Criminal Code of 1961 or the Criminal Code of 2012, the
24    sentence shall be a term of natural life imprisonment.
25    (b) (Blank).
26    (c) (Blank).

 

 

SB1858- 31 -LRB098 06111 RLC 40633 b

1    (d) Subject to earlier termination under Section 3-3-8, the
2parole or mandatory supervised release term shall be written as
3part of the sentencing order and shall be as follows:
4        (1) for first degree murder or a Class X felony except
5    for the offenses of predatory criminal sexual assault of a
6    child, aggravated criminal sexual assault, and criminal
7    sexual assault if committed on or after the effective date
8    of this amendatory Act of the 94th General Assembly and
9    except for the offense of aggravated child pornography
10    under Section 11-20.1B, 11-20.3, or 11-20.1 with
11    sentencing under subsection (c-5) of Section 11-20.1 of the
12    Criminal Code of 1961 or the Criminal Code of 2012, if
13    committed on or after January 1, 2009, 3 years;
14        (2) for a Class 1 felony or a Class 2 felony except for
15    the offense of criminal sexual assault if committed on or
16    after the effective date of this amendatory Act of the 94th
17    General Assembly and except for the offenses of manufacture
18    and dissemination of child pornography under clauses
19    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
20    of 1961 or the Criminal Code of 2012, if committed on or
21    after January 1, 2009, 2 years;
22        (3) for a Class 3 felony or a Class 4 felony, 1 year;
23        (4) for defendants who commit the offense of predatory
24    criminal sexual assault of a child, aggravated criminal
25    sexual assault, or criminal sexual assault, on or after the
26    effective date of this amendatory Act of the 94th General

 

 

SB1858- 32 -LRB098 06111 RLC 40633 b

1    Assembly, or who commit the offense of aggravated child
2    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
3    with sentencing under subsection (c-5) of Section 11-20.1
4    of the Criminal Code of 1961 or the Criminal Code of 2012,
5    manufacture of child pornography, or dissemination of
6    child pornography after January 1, 2009, the term of
7    mandatory supervised release shall range from a minimum of
8    3 years to a maximum of the natural life of the defendant;
9        (5) if the victim is under 18 years of age, for a
10    second or subsequent offense of aggravated criminal sexual
11    abuse or felony criminal sexual abuse, 4 years, at least
12    the first 2 years of which the defendant shall serve in an
13    electronic home detention program under Article 8A of
14    Chapter V of this Code;
15        (6) for a felony domestic battery, aggravated domestic
16    battery, stalking, aggravated stalking, and a felony
17    violation of an order of protection, 4 years.
18    (e) (Blank).
19    (f) (Blank).
20(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
2196-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.
227-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109,
23eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.

 

 

SB1858- 33 -LRB098 06111 RLC 40633 b

1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/10-2from Ch. 38, par. 10-2
4    720 ILCS 5/11-1.20 was 720 ILCS 5/12-13
5    720 ILCS 5/11-1.30was 720 ILCS 5/12-14
6    720 ILCS 5/11-1.40was 720 ILCS 5/12-14.1
7    720 ILCS 5/12-33from Ch. 38, par. 12-33
8    720 ILCS 5/29D-14.9was 720 ILCS 5/29D-30
9    720 ILCS 5/29D-35
10    730 ILCS 5/5-4.5-95
11    730 ILCS 5/5-4.5-105 new
12    730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1