Full Text of SB3116 93rd General Assembly
SB3116 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB3116
Introduced 2/6/2004, by John J. Cullerton SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-8-1 |
from Ch. 38, par. 1005-8-1 |
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Amends the Unified Code of Corrections. Makes technical changes in the Section concerning sentencing for felony violations.
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A BILL FOR
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SB3116 |
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LRB093 21183 RLC 47261 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 5-8-1 as follows:
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| (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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| Sec. 5-8-1. Sentence of imprisonment
Imprisonment for a | 8 |
| felony
Felony .
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| (a) Except as otherwise provided in the statute defining | 10 |
| the offense, a
sentence of imprisonment for a felony shall be a | 11 |
| determinate sentence set by
the court under this Section, | 12 |
| according to the following limitations:
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| (1) for first degree murder,
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| (a) a term shall be not less than 20 years
and not | 15 |
| more than 60 years, or
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| (b) if a trier of fact finds beyond a reasonable
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| doubt that the murder was accompanied by exceptionally
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| brutal or heinous behavior indicative of wanton | 19 |
| cruelty or, except as set forth
in subsection (a)(1)(c) | 20 |
| of this Section, that any of the aggravating factors
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| listed in subsection (b) of Section 9-1 of the Criminal | 22 |
| Code of 1961 are
present, the court may sentence the | 23 |
| defendant to a term of natural life
imprisonment, or
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| (c) the court shall sentence the defendant to a | 25 |
| term of natural life
imprisonment when the death | 26 |
| penalty is not imposed if the defendant,
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| (i) has previously been convicted of first | 28 |
| degree murder under
any state or federal law, or
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| (ii) is a person who, at the time of the | 30 |
| commission of the murder,
had attained the age of | 31 |
| 17 or more and is found guilty of murdering an
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| individual under 12 years of age; or, irrespective |
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LRB093 21183 RLC 47261 b |
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| of the defendant's age at
the time of the | 2 |
| commission of the offense, is found guilty of | 3 |
| murdering more
than one victim, or
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| (iii) is found guilty of murdering a peace | 5 |
| officer or fireman when
the peace officer or | 6 |
| fireman was killed in the course of performing his
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| official duties, or to prevent the peace officer or | 8 |
| fireman from
performing his official duties, or in | 9 |
| retaliation for the peace officer or
fireman | 10 |
| performing his official duties, and the defendant | 11 |
| knew or should
have known that the murdered | 12 |
| individual was a peace officer or fireman, or
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| (iv) is found guilty of murdering an employee | 14 |
| of an institution or
facility of the Department of | 15 |
| Corrections, or any similar local
correctional | 16 |
| agency, when the employee was killed in the course | 17 |
| of
performing his official duties, or to prevent | 18 |
| the employee from performing
his official duties, | 19 |
| or in retaliation for the employee performing his
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| official duties, or
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| (v) is found guilty of murdering an emergency | 22 |
| medical
technician - ambulance, emergency medical | 23 |
| technician - intermediate, emergency
medical | 24 |
| technician - paramedic, ambulance driver or other | 25 |
| medical assistance or
first aid person while | 26 |
| employed by a municipality or other governmental | 27 |
| unit
when the person was killed in the course of | 28 |
| performing official duties or
to prevent the | 29 |
| person from performing official duties or in | 30 |
| retaliation
for performing official duties and the | 31 |
| defendant knew or should have known
that the | 32 |
| murdered individual was an emergency medical | 33 |
| technician - ambulance,
emergency medical | 34 |
| technician - intermediate, emergency medical
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| technician - paramedic, ambulance driver, or other | 36 |
| medical
assistant or first aid personnel, or
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| (vi) is a person who, at the time of the | 2 |
| commission of the murder,
had not attained the age | 3 |
| of 17, and is found guilty of murdering a person | 4 |
| under
12 years of age and the murder is committed | 5 |
| during the course of aggravated
criminal sexual | 6 |
| assault, criminal sexual assault, or aggravated | 7 |
| kidnaping,
or
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| (vii) is found guilty of first degree murder | 9 |
| and the murder was
committed by reason of any | 10 |
| person's activity as a community policing | 11 |
| volunteer
or to prevent any person from engaging in | 12 |
| activity as a community policing
volunteer. For | 13 |
| the purpose of this Section, "community policing | 14 |
| volunteer"
has the meaning ascribed to it in | 15 |
| Section 2-3.5 of the Criminal Code of 1961.
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| For purposes of clause (v), "emergency medical | 17 |
| technician - ambulance",
"emergency medical technician - | 18 |
| intermediate", "emergency medical technician -
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| paramedic", have the meanings ascribed to them in the | 20 |
| Emergency Medical
Services (EMS) Systems Act.
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| (d) (i) if the person committed the offense while | 22 |
| armed with a
firearm, 15 years shall be added to | 23 |
| the term of imprisonment imposed by the
court;
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| (ii) if, during the commission of the offense, | 25 |
| the person
personally discharged a firearm, 20 | 26 |
| years shall be added to the term of
imprisonment | 27 |
| imposed by the court;
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| (iii) if, during the commission of the | 29 |
| offense, the person
personally discharged a | 30 |
| firearm that proximately caused great bodily harm,
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| permanent disability, permanent disfigurement, or | 32 |
| death to another person, 25
years or up to a term | 33 |
| of natural life shall be added to the term of
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| imprisonment imposed by the court.
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| (1.5) for second degree murder, a term shall be not | 36 |
| less than 4 years
and not more than 20 years;
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| (2) for a person adjudged a habitual criminal under | 2 |
| Article 33B of
the Criminal Code of 1961, as amended, the | 3 |
| sentence shall be a term of
natural life imprisonment;
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| (2.5) for a person convicted under the circumstances | 5 |
| described in
paragraph (3) of subsection (b) of Section | 6 |
| 12-13, paragraph (2) of subsection
(d) of Section 12-14, | 7 |
| paragraph (1.2) of subsection (b) of
Section 12-14.1, or | 8 |
| paragraph (2) of subsection (b) of Section 12-14.1
of the | 9 |
| Criminal Code of 1961, the sentence shall be a term of | 10 |
| natural life
imprisonment;
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| (3) except as otherwise provided in the statute | 12 |
| defining the
offense, for a Class X felony, the sentence | 13 |
| shall be not less than 6
years and not more than 30 years;
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| (4) for a Class 1 felony, other than second degree | 15 |
| murder, the sentence
shall be not less than 4 years and not | 16 |
| more than 15 years;
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| (5) for a Class 2 felony, the sentence shall be not | 18 |
| less than 3
years and not more than 7 years;
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| (6) for a Class 3 felony, the sentence shall be not | 20 |
| less than 2
years and not more than 5 years;
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| (7) for a Class 4 felony, the sentence shall be not | 22 |
| less than 1 year
and not more than 3 years.
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| (b) The sentencing judge in each felony conviction shall | 24 |
| set forth
his reasons for imposing the particular sentence he | 25 |
| enters in the case,
as provided in Section 5-4-1 of this Code. | 26 |
| Those reasons may include
any mitigating or aggravating factors | 27 |
| specified in this Code, or the
lack of any such circumstances, | 28 |
| as well as any other such factors as the
judge shall set forth | 29 |
| on the record that are consistent with the
purposes and | 30 |
| principles of sentencing set out in this Code.
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| (c) A motion to reduce a sentence may be made, or the court | 32 |
| may reduce
a sentence without motion, within 30 days after the | 33 |
| sentence is imposed.
A defendant's challenge to the correctness | 34 |
| of a sentence or to any aspect of
the sentencing hearing shall | 35 |
| be made by a written motion filed within 30 days
following the | 36 |
| imposition of sentence. However, the court may not increase a
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| sentence once it is imposed.
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| If a motion filed pursuant to this subsection is timely | 3 |
| filed within 30 days
after the sentence is imposed, the | 4 |
| proponent of the motion shall exercise due
diligence in seeking | 5 |
| a determination on the motion and the court shall
thereafter | 6 |
| decide such motion within a reasonable time.
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| If a motion filed pursuant to this subsection is timely | 8 |
| filed within 30 days
after the sentence is imposed, then for | 9 |
| purposes of perfecting an appeal, a
final judgment shall not be | 10 |
| considered to have been entered until the motion to
reduce a | 11 |
| sentence has been decided by order entered by the trial court.
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| A motion filed pursuant to this subsection shall not be | 13 |
| considered to have
been timely
filed unless it is filed with | 14 |
| the circuit court clerk within 30 days after
the sentence is | 15 |
| imposed together with a notice of motion, which notice of
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| motion shall set the motion on the court's calendar on a date | 17 |
| certain within
a reasonable time after the date of filing.
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| (d) Except where a term of natural life is imposed, every | 19 |
| sentence
shall include as though written therein a term in | 20 |
| addition to the term
of imprisonment. For those sentenced under | 21 |
| the law in effect prior to
February 1, 1978, such term shall be | 22 |
| identified as a parole
term. For those sentenced on or after | 23 |
| February 1, 1978, such term
shall be identified as a mandatory | 24 |
| supervised release term. Subject to
earlier termination under | 25 |
| Section 3-3-8, the parole or mandatory
supervised release term | 26 |
| shall be as follows:
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| (1) for first degree murder or a Class X felony, 3 | 28 |
| years;
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| (2) for a Class 1 felony or a Class 2 felony, 2 years;
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| (3) for a Class 3 felony or a Class 4 felony, 1 year;
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| (4) if the victim is under 18 years of age, for a | 32 |
| second or subsequent
offense of criminal sexual assault or | 33 |
| aggravated criminal sexual assault, 5
years, at least the | 34 |
| first 2 years of which the defendant shall serve in an
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| electronic home detention program under Article 8A of | 36 |
| Chapter V of this Code;
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| (5) if the victim is under 18 years of age, for a | 2 |
| second or subsequent
offense of aggravated criminal sexual | 3 |
| abuse or felony criminal sexual abuse,
4 years, at least | 4 |
| the first 2 years of which the defendant shall serve in an
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| electronic home detention program under Article 8A of | 6 |
| Chapter V of this Code.
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| (e) A defendant who has a previous and unexpired sentence | 8 |
| of
imprisonment imposed by another state or by any district | 9 |
| court of the
United States and who, after sentence for a
crime | 10 |
| in Illinois, must return to serve the unexpired prior sentence | 11 |
| may
have his sentence by the Illinois court ordered to be | 12 |
| concurrent with
the prior sentence in the other state. The | 13 |
| court may order that any time
served on the unexpired portion | 14 |
| of the sentence in the other state,
prior to his return to | 15 |
| Illinois, shall be credited on his Illinois
sentence. The other | 16 |
| state shall be furnished with a copy of the order
imposing | 17 |
| sentence which shall provide that, when the offender is
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| released from confinement of the other state, whether by parole | 19 |
| or by
termination of sentence, the offender shall be | 20 |
| transferred by the
Sheriff of the committing county to the | 21 |
| Illinois Department of
Corrections. The court shall cause the | 22 |
| Department of Corrections to be
notified of such sentence at | 23 |
| the time of commitment and to be provided
with copies of all | 24 |
| records regarding the sentence.
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| (f) A defendant who has a previous and unexpired sentence | 26 |
| of imprisonment
imposed by an Illinois circuit court for a | 27 |
| crime in this State and who is
subsequently sentenced to a term | 28 |
| of imprisonment by another state or by
any district court of | 29 |
| the United States and who has served a term of
imprisonment | 30 |
| imposed by the other state or district court of the United
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| States, and must return to serve the unexpired prior sentence | 32 |
| imposed by
the Illinois Circuit Court may apply to the court | 33 |
| which imposed sentence to
have his sentence reduced.
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| The circuit court may order that any time served on the | 35 |
| sentence imposed
by the other state or district court of the | 36 |
| United States be credited on
his Illinois sentence. Such |
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LRB093 21183 RLC 47261 b |
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| application for reduction of a sentence under
this subsection | 2 |
| (f) shall be made within 30 days after the defendant has
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| completed the sentence imposed by the other state or district | 4 |
| court of the
United States.
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| (Source: P.A. 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; 91-953, | 6 |
| eff.
2-23-01; 92-16, eff. 6-28-01.)
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