Illinois General Assembly - Full Text of HB1263
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Full Text of HB1263  97th General Assembly




HB1263 EngrossedLRB097 07183 RLC 47287 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 Section 5-8-1 as follows:
6    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
7    Sec. 5-8-1. Natural life imprisonment; enhancements for
8use of a firearm; mandatory supervised release terms.
9    (a) Except as otherwise provided in the statute defining
10the offense or in Article 4.5 of Chapter V, a sentence of
11imprisonment for a felony shall be a determinate sentence set
12by the court under this Section, according to the following
14        (1) for first degree murder,
15            (a) (blank),
16            (b) if a trier of fact finds beyond a reasonable
17        doubt that the murder was accompanied by exceptionally
18        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
21        listed in subsection (b) or (b-5) of Section 9-1 of the
22        Criminal Code of 1961 are present, the court may
23        sentence the defendant to a term of natural life



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1        imprisonment, or
2            (c) the court shall sentence the defendant to a
3        term of natural life imprisonment when the death
4        penalty is not imposed if the defendant,
5                (i) has previously been convicted of first
6            degree murder under any state or federal law, or
7                (ii) is a person who, at the time of the
8            commission of the murder, had attained the age of
9            17 or more and is found guilty of murdering an
10            individual under 12 years of age; or, irrespective
11            of the defendant's age at the time of the
12            commission of the offense, is found guilty of
13            murdering more than one victim, or
14                (iii) is found guilty of murdering a peace
15            officer, fireman, or emergency management worker
16            when the peace officer, fireman, or emergency
17            management worker was killed in the course of
18            performing his official duties, or to prevent the
19            peace officer or fireman from performing his
20            official duties, or in retaliation for the peace
21            officer, fireman, or emergency management worker
22            from performing his official duties, and the
23            defendant knew or should have known that the
24            murdered individual was a peace officer, fireman,
25            or emergency management worker, or
26                (iv) is found guilty of murdering an employee



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1            of an institution or facility of the Department of
2            Corrections, or any similar local correctional
3            agency, when the employee was killed in the course
4            of performing his official duties, or to prevent
5            the employee from performing his official duties,
6            or in retaliation for the employee performing his
7            official duties, or
8                (v) is found guilty of murdering an emergency
9            medical technician - ambulance, emergency medical
10            technician - intermediate, emergency medical
11            technician - paramedic, ambulance driver or other
12            medical assistance or first aid person while
13            employed by a municipality or other governmental
14            unit when the person was killed in the course of
15            performing official duties or to prevent the
16            person from performing official duties or in
17            retaliation for performing official duties and the
18            defendant knew or should have known that the
19            murdered individual was an emergency medical
20            technician - ambulance, emergency medical
21            technician - intermediate, emergency medical
22            technician - paramedic, ambulance driver, or other
23            medical assistant or first aid personnel, or
24                (vi) is a person who, at the time of the
25            commission of the murder, had not attained the age
26            of 17, and is found guilty of murdering a person



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1            under 12 years of age and the murder is committed
2            during the course of aggravated criminal sexual
3            assault, criminal sexual assault, or aggravated
4            kidnaping, or
5                (vii) is found guilty of first degree murder
6            and the murder was committed by reason of any
7            person's activity as a community policing
8            volunteer or to prevent any person from engaging in
9            activity as a community policing volunteer. For
10            the purpose of this Section, "community policing
11            volunteer" has the meaning ascribed to it in
12            Section 2-3.5 of the Criminal Code of 1961.
13            For purposes of clause (v), "emergency medical
14        technician - ambulance", "emergency medical technician -
15         intermediate", "emergency medical technician -
16        paramedic", have the meanings ascribed to them in the
17        Emergency Medical Services (EMS) Systems Act.
18            (d) (i) if the person committed the offense while
19            armed with a firearm, 15 years shall be added to
20            the term of imprisonment imposed by the court;
21                (ii) if, during the commission of the offense,
22            the person personally discharged a firearm, 20
23            years shall be added to the term of imprisonment
24            imposed by the court;
25                (iii) if, during the commission of the
26            offense, the person personally discharged a



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1            firearm that proximately caused great bodily harm,
2            permanent disability, permanent disfigurement, or
3            death to another person, 25 years or up to a term
4            of natural life shall be added to the term of
5            imprisonment imposed by the court; .
6        (2) (blank);
7        (2.5) for a person convicted under the circumstances
8    described in paragraph (3) of subsection (b) of Section
9    12-13, paragraph (2) of subsection (d) of Section 12-14,
10    paragraph (1.2) of subsection (b) of Section 12-14.1, or
11    paragraph (2) of subsection (b) of Section 12-14.1 of the
12    Criminal Code of 1961, the sentence shall be a term of
13    natural life imprisonment; .
14        (3) for a person convicted of criminal sexual assault,
15    aggravated criminal sexual assault, predatory criminal
16    sexual assault of a child, criminal sexual abuse, or
17    aggravated criminal sexual abuse when the victim of any of
18    the offenses listed in this paragraph (3) at the time of
19    the commission of the offense was under 18 years of age and
20    the person had within the previous 20 years been convicted
21    of any of the offenses listed in this paragraph (3) when
22    the victim of the offense at the time of the commission of
23    the offense was under 18 years of age, the sentence shall
24    be a term of natural life imprisonment.
25    (b) (Blank).
26    (c) (Blank).



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



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1    the term of mandatory supervised release shall range from a
2    minimum of 3 years to a maximum of the natural life of the
3    defendant;
4        (5) if the victim is under 18 years of age, for a
5    second or subsequent offense of aggravated criminal sexual
6    abuse or felony criminal sexual abuse, 4 years, at least
7    the first 2 years of which the defendant shall serve in an
8    electronic home detention program under Article 8A of
9    Chapter V of this Code;
10        (6) for a felony domestic battery, aggravated domestic
11    battery, stalking, aggravated stalking, and a felony
12    violation of an order of protection, 4 years.
13    (e) (Blank).
14    (f) (Blank).
15(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
1696-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff.
177-22-10; 96-1475, eff. 1-1-11; revised 9-16-10.)