Illinois General Assembly - Bill Status for HB5927

Amends the Unified Code of Corrections concerning the sentence for first degree murder. Provides that if the defendant had not attained the age of 18 at the time of the commission of the murder, but is found guilty of first degree murder and certain aggravating factors are present, the court shall sentence the defendant to a term of imprisonment of not less than 60 years and not more than 100 years, or to a term of natural life imprisonment. Eliminates provision that requires the court to sentence a defendant to a term of natural life imprisonment if the defendant is a person who, at the time of the commission of the murder, had attained the age of 17 or more and is found guilty of murdering an individual under 12 years of age. Eliminates provision that requires the court to sentence a defendant to a term of natural life imprisonment if the defendant is a person who, at the time of the commission of the murder, had not attained the age of 17, and is found guilty of murdering a person under 12 years of age and the murder is committed during the course of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnaping. Provides that if and only if the Illinois Supreme Court determines the sentencing requirements set forth by the United States Supreme Court in Miller v. Alabama are to be applied retroactively, then the Prisoner Review Board may conduct a hearing on any prisoner serving a sentence of natural life imprisonment if the prisoner was under 18 years of age at the time of the commission of the offense. Provides that if the Prisoner Review Board, by a majority vote of the full Board, determines that the sentencing requirements of Miller v. Alabama apply to the prisoner, the Board shall consider specified factors in recommending to the Governor, in exercise of his or her powers under Section 12 of Article V of the Illinois Constitution to grant commutations, after conviction, for all offenses on such terms as he or she thinks proper, the time to be served by the prisoner that the Board deems appropriate. Provides that the Governor may delegate his or her authority to commute the sentence of a prisoner to whom Miller v. Alabama applies to the Prisoner Review Board on any terms as he or she thinks proper. Effective immediately.

×