99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5771

 

Introduced , by Rep. Barbara Flynn Currie

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4.5-105
730 ILCS 5/5-8-1  from Ch. 38, par. 1005-8-1

    Amends the Unified Code of Corrections. Corrects a cross reference in the provision concerning sentencing of persons who were under the age of 18 at the time of the commission of an offense. Provides that certain mandatory natural life sentencing provisions for criminal sexual assault, aggravated criminal sexual assault, and predatory criminal sexual assault of a child apply only to a person who has attained the age of 18 years at the time of the commission of the offense.


LRB099 16804 RLC 41151 b

 

 

A BILL FOR

 

HB5771LRB099 16804 RLC 41151 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 Unified Code of Corrections is amended by
5changing Sections 5-4.5-105 and 5-8-1 as follows:
 
6    (730 ILCS 5/5-4.5-105)
7    Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF
818 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
9    (a) On or after the effective date of this amendatory Act
10of the 99th General Assembly, when a person commits an offense
11and the person is under 18 years of age at the time of the
12commission of the offense, the court, at the sentencing hearing
13conducted under Section 5-4-1, shall consider the following
14additional factors in mitigation in determining the
15appropriate sentence:
16        (1) the person's age, impetuosity, and level of
17    maturity at the time of the offense, including the ability
18    to consider risks and consequences of behavior, and the
19    presence of cognitive or developmental disability, or
20    both, if any;
21        (2) whether the person was subjected to outside
22    pressure, including peer pressure, familial pressure, or
23    negative influences;

 

 

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1        (3) the person's family, home environment, educational
2    and social background, including any history of parental
3    neglect, physical abuse, or other childhood trauma;
4        (4) the person's potential for rehabilitation or
5    evidence of rehabilitation, or both;
6        (5) the circumstances of the offense;
7        (6) the person's degree of participation and specific
8    role in the offense, including the level of planning by the
9    defendant before the offense;
10        (7) whether the person was able to meaningfully
11    participate in his or her defense;
12        (8) the person's prior juvenile or criminal history;
13    and
14        (9) any other information the court finds relevant and
15    reliable, including an expression of remorse, if
16    appropriate. However, if the person, on advice of counsel
17    chooses not to make a statement, the court shall not
18    consider a lack of an expression of remorse as an
19    aggravating factor.
20    (b) Except as provided in subsection (c), the court may
21sentence the defendant to any disposition authorized for the
22class of the offense of which he or she was found guilty as
23described in Article 4.5 of this Code, and may, in its
24discretion, decline to impose any otherwise applicable
25sentencing enhancement based upon firearm possession,
26possession with personal discharge, or possession with

 

 

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1personal discharge that proximately causes great bodily harm,
2permanent disability, permanent disfigurement, or death to
3another person.
4    (c) Notwithstanding any other provision of law, if the
5defendant is convicted of first degree murder and would
6otherwise be subject to sentencing under clause (iii), (iv),
7(v), or (vii) of subparagraph (c) of paragraph (1) of
8subsection (a) (c) of Section 5-8-1 of this Code based on the
9category of persons identified therein, the court shall impose
10a sentence of not less than 40 years of imprisonment. In
11addition, the court may, in its discretion, decline to impose
12the sentencing enhancements based upon the possession or use of
13a firearm during the commission of the offense included in
14subsection (d) of Section 5-8-1.
15(Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16.)
 
16    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
17    Sec. 5-8-1. Natural life imprisonment; enhancements for
18use of a firearm; mandatory supervised release terms.
19    (a) Except as otherwise provided in the statute defining
20the offense or in Article 4.5 of Chapter V, a sentence of
21imprisonment for a felony shall be a determinate sentence set
22by the court under this Section, according to the following
23limitations:
24        (1) for first degree murder,
25            (a) (blank),

 

 

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1            (b) if a trier of fact finds beyond a reasonable
2        doubt that the murder was accompanied by exceptionally
3        brutal or heinous behavior indicative of wanton
4        cruelty or, except as set forth in subsection (a)(1)(c)
5        of this Section, that any of the aggravating factors
6        listed in subsection (b) or (b-5) of Section 9-1 of the
7        Criminal Code of 1961 or the Criminal Code of 2012 are
8        present, the court may sentence the defendant, subject
9        to Section 5-4.5-105, to a term of natural life
10        imprisonment, or
11            (c) the court shall sentence the defendant to a
12        term of natural life imprisonment if the defendant, at
13        the time of the commission of the murder, had attained
14        the age of 18, and
15                (i) has previously been convicted of first
16            degree murder under any state or federal law, or
17                (ii) is found guilty of murdering more than one
18            victim, or
19                (iii) is found guilty of murdering a peace
20            officer, fireman, or emergency management worker
21            when the peace officer, fireman, or emergency
22            management worker was killed in the course of
23            performing his official duties, or to prevent the
24            peace officer or fireman from performing his
25            official duties, or in retaliation for the peace
26            officer, fireman, or emergency management worker

 

 

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

 

 

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1            technician - paramedic, ambulance driver, or other
2            medical assistant or first aid personnel, or
3                (vi) (blank), or
4                (vii) is found guilty of first degree murder
5            and the murder was committed by reason of any
6            person's activity as a community policing
7            volunteer or to prevent any person from engaging in
8            activity as a community policing volunteer. For
9            the purpose of this Section, "community policing
10            volunteer" has the meaning ascribed to it in
11            Section 2-3.5 of the Criminal Code of 2012.
12            For purposes of clause (v), "emergency medical
13        technician - ambulance", "emergency medical technician -
14         intermediate", "emergency medical technician -
15        paramedic", have the meanings ascribed to them in the
16        Emergency Medical Services (EMS) Systems Act.
17            (d) (i) if the person committed the offense while
18            armed with a firearm, 15 years shall be added to
19            the term of imprisonment imposed by the court;
20                (ii) if, during the commission of the offense,
21            the person personally discharged a firearm, 20
22            years shall be added to the term of imprisonment
23            imposed by the court;
24                (iii) if, during the commission of the
25            offense, the person personally discharged a
26            firearm that proximately caused great bodily harm,

 

 

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

 

 

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

 

 

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1    3 years to a maximum of the natural life of the defendant;
2        (5) if the victim is under 18 years of age, for a
3    second or subsequent offense of aggravated criminal sexual
4    abuse or felony criminal sexual abuse, 4 years, at least
5    the first 2 years of which the defendant shall serve in an
6    electronic home detention program under Article 8A of
7    Chapter V of this Code;
8        (6) for a felony domestic battery, aggravated domestic
9    battery, stalking, aggravated stalking, and a felony
10    violation of an order of protection, 4 years.
11    (e) (Blank).
12    (f) (Blank).
13(Source: P.A. 99-69, eff. 1-1-16.)