Full Text of SB1023 95th General Assembly
SB1023enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 2. The Illinois Criminal Justice Information Act is | 5 |
| amended by adding Section 7.6 as follows: | 6 |
| (20 ILCS 3930/7.6 new) | 7 |
| Sec. 7.6. Capital Crimes Database. | 8 |
| (a) Subject to appropriation, a Capital Crimes Database | 9 |
| shall be created within the Illinois Criminal Justice | 10 |
| Information Authority (ICJIA). | 11 |
| (b) The ICJIA shall collect and retain in the Capital | 12 |
| Crimes Database all information on the prosecution, pendency, | 13 |
| and disposition of capital and capital eligible cases in | 14 |
| Illinois. The Capital Crimes Database shall serve as a | 15 |
| repository for all of the foregoing collected information. | 16 |
| (c) The ICJIA shall develop administrative rules to provide | 17 |
| for the coordination and collection of information in the | 18 |
| Capital Crimes Database.
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| (d) Agencies required to provide information on capital | 20 |
| cases to the ICJIA, as the ICJIA may request, for the Capital | 21 |
| Crimes Database shall include, but not be limited to: | 22 |
| (1) Office of the Attorney General.
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| (2) Illinois Department of Corrections. |
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| (3) Illinois State Police. | 2 |
| (4) All county State's Attorneys. | 3 |
| (5) All county public defenders. | 4 |
| (6) Office of the State's Attorneys Appellate | 5 |
| Prosecutor. | 6 |
| (7) Office of the State Appellate Defender.
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| (e) Agencies requested to provide information on capital | 8 |
| cases to the ICJIA for the Capital Crimes Database shall | 9 |
| include, but not be limited to: | 10 |
| (1) Administrative Office of Illinois Courts. | 11 |
| (2) All county circuit court clerks. | 12 |
| (f) The ICJIA shall develop procedures and protocols for | 13 |
| the submission of information relating to capital and capital | 14 |
| eligible cases to the Database in conjunction with the agencies | 15 |
| submitting information.
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| Section 3. The Illinois Police Training Act is amended by | 17 |
| changing Section 10.3 as follows:
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| (50 ILCS 705/10.3)
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| Sec. 10.3. Training of police officers to conduct | 20 |
| electronic
interrogations. | 21 |
| (a)
From appropriations made to it for that purpose, the | 22 |
| Board shall initiate,
administer, and conduct training | 23 |
| programs for permanent police officers,
part-time police | 24 |
| officers, and recruits on the methods and technical aspects of
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| conducting electronic recordings of interrogations. | 2 |
| (b) Subject to appropriation, the Board shall develop | 3 |
| technical guidelines for the mandated recording of custodial | 4 |
| interrogations in all homicide investigations by law | 5 |
| enforcement agencies. These guidelines shall be developed in | 6 |
| conjunction with law enforcement agencies and technology | 7 |
| accreditation groups to provide guidance for law enforcement | 8 |
| agencies in implementing the mandated recording of custodial | 9 |
| interrogations in all homicide investigations.
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| (Source: P.A. 93-206, eff. 7-18-03; 93-517, eff. 8-6-03.)
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| Section 4. The Criminal Code of 1961 is amended by changing | 12 |
| Sections 33A-2 and 33A-3 as follows:
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| (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
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| Sec. 33A-2. Armed violence-Elements of the offense.
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| (a) A person commits armed violence when, while armed with
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| a dangerous weapon, he commits any felony defined by
Illinois | 17 |
| Law, except first degree murder, attempted first degree murder,
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| intentional
homicide of an unborn child, second degree murder, | 19 |
| involuntary manslaughter, reckless homicide, predatory | 20 |
| criminal sexual assault of a child,
aggravated criminal sexual | 21 |
| assault, aggravated kidnaping, aggravated battery of
a child, | 22 |
| home invasion, or any offense that makes the possession or use | 23 |
| of a dangerous weapon either an element of the base offense, an | 24 |
| aggravated or enhanced version of the offense, or a mandatory |
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| sentencing factor that increases the sentencing range
armed | 2 |
| robbery, or aggravated vehicular hijacking .
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| (b) A person commits armed violence when he or she | 4 |
| personally discharges a
firearm that is a Category I or | 5 |
| Category II weapon while committing any felony
defined by
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| Illinois law, except first degree murder, attempted first | 7 |
| degree murder,
intentional homicide of an unborn child, second | 8 |
| degree murder, involuntary manslaughter, reckless homicide,
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| predatory criminal sexual assault of a
child, aggravated | 10 |
| criminal sexual assault, aggravated kidnaping, aggravated
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| battery of a child, home invasion, or any offense that makes | 12 |
| the possession or use of a dangerous weapon either an element | 13 |
| of the base offense, an aggravated or enhanced version of the | 14 |
| offense, or a mandatory sentencing factor that increases the | 15 |
| sentencing range
armed robbery, or aggravated vehicular
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| hijacking .
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| (c) A person commits armed violence when he or she | 18 |
| personally discharges a
firearm that is a Category I or | 19 |
| Category II weapon that proximately causes
great bodily harm,
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| permanent disability, or permanent disfigurement or death to | 21 |
| another person
while committing any felony defined by Illinois | 22 |
| law, except first degree
murder, attempted first degree murder, | 23 |
| intentional homicide of an unborn child,
second degree murder, | 24 |
| involuntary manslaughter, reckless homicide, predatory | 25 |
| criminal sexual assault of a child, aggravated criminal sexual
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| assault, aggravated kidnaping, aggravated battery of a child, |
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| home invasion,
or any offense that makes the possession or use | 2 |
| of a dangerous weapon either an element of the base offense, an | 3 |
| aggravated or enhanced version of the offense, or a mandatory | 4 |
| sentencing factor that increases the sentencing range
armed | 5 |
| robbery, or aggravated vehicular hijacking .
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| (d) This Section does not apply to violations of the Fish | 7 |
| and Aquatic Life
Code or the Wildlife Code.
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| (Source: P.A. 91-404, eff. 1-1-00.)
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| (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
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| Sec. 33A-3. Sentence.
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| (a) Violation of Section 33A-2(a) with a
Category I weapon | 12 |
| is a Class X felony for which the defendant shall be
sentenced | 13 |
| to a minimum term of imprisonment of 15 years.
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| (a-5) Violation of Section 33A-2(a) with a Category II | 15 |
| weapon
is a Class X
felony for which the defendant shall be | 16 |
| sentenced to a minimum term of
imprisonment of 10 years.
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| (b) Violation of Section 33A-2(a)
with a Category III | 18 |
| weapon is a Class 2 felony or the felony
classification | 19 |
| provided for the same act while unarmed, whichever
permits the | 20 |
| greater penalty. A second or subsequent violation of
Section | 21 |
| 33A-2(a) with a Category III weapon is a Class 1 felony
or the | 22 |
| felony classification provided for the same act while unarmed, | 23 |
| whichever
permits the greater penalty.
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| (b-5) Violation of Section 33A-2(b) with a firearm that is | 25 |
| a Category I or
Category II
weapon is a Class X felony for |
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| which the defendant shall be sentenced to a
minimum term of | 2 |
| imprisonment of 20 years.
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| (b-10) Violation of Section 33A-2(c) with a firearm that is | 4 |
| a Category I or
Category II
weapon is a Class X felony for | 5 |
| which the defendant shall be sentenced to a
term of | 6 |
| imprisonment of not less than 25 years nor more than 40 years.
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| (c) Unless sentencing under Section 33B-1 is applicable, | 8 |
| any person who
violates subsection (a) or (b) of Section 33A-2 | 9 |
| with a
firearm, when that person has been convicted in any | 10 |
| state or federal court
of 3 or more of the following offenses: | 11 |
| treason, first degree murder, second
degree murder, predatory | 12 |
| criminal sexual assault of a child, aggravated
criminal sexual | 13 |
| assault, criminal sexual assault,
robbery, burglary, arson, | 14 |
| kidnaping, aggravated battery resulting in great
bodily harm or | 15 |
| permanent disability or disfigurement, a violation of the | 16 |
| Methamphetamine Control and Community Protection Act, or a | 17 |
| violation of Section
401(a) of the Illinois Controlled | 18 |
| Substances Act,
when the third offense was committed after | 19 |
| conviction on the second, the second
offense was committed | 20 |
| after conviction on the first, and the violation of
Section | 21 |
| 33A-2 was committed after conviction on the third, shall be | 22 |
| sentenced
to a term of imprisonment of not less than 25 years | 23 |
| nor more than 50
years.
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| (c-5) Except as otherwise provided in paragraph (b-10) or | 25 |
| (c) of this
Section, a person who violates Section 33A-2(a) | 26 |
| with a firearm that is a
Category I weapon or
Section 33A-2(b) |
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| in any school, in any conveyance owned, leased, or contracted
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| by a school to transport students to or from school or a school | 3 |
| related
activity, or on the real property comprising any school | 4 |
| or public park, and
where
the offense was related to the | 5 |
| activities of an organized gang, shall be
sentenced to a term | 6 |
| of imprisonment of not less than the term set forth in
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| subsection (a) or (b-5) of this Section, whichever is | 8 |
| applicable, and not more
than 30 years. For the purposes of | 9 |
| this subsection (c-5), "organized gang" has
the meaning | 10 |
| ascribed to it in Section 10 of the Illinois Streetgang | 11 |
| Terrorism
Omnibus Prevention Act.
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| (d) For armed violence based upon a predicate offense | 13 |
| listed in this
subsection (d) the court
shall enter the | 14 |
| sentence for armed violence to run consecutively to the
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| sentence imposed for the predicate offense. The offenses | 16 |
| covered by this
provision are:
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| (i) solicitation of murder,
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| (ii) solicitation of murder for hire,
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| (iii) heinous battery,
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| (iv) aggravated battery of a senior citizen,
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| (v) (blank)
criminal sexual assault ,
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| (vi) a violation of subsection (g) of Section 5 of the | 23 |
| Cannabis Control
Act,
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| (vii) cannabis trafficking,
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| (viii) a violation of subsection (a) of Section 401 of | 26 |
| the Illinois
Controlled Substances Act,
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| (ix) controlled substance trafficking involving a | 2 |
| Class X felony amount of
controlled substance under Section | 3 |
| 401 of the Illinois Controlled Substances
Act,
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| (x) calculated criminal drug conspiracy,
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| (xi) streetgang criminal drug conspiracy, or | 6 |
| (xii) a violation of the Methamphetamine Control and | 7 |
| Community Protection Act.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| Section 5. The Code of Criminal Procedure of 1963 is | 10 |
| amended by changing Section 116-3 as follows: | 11 |
| (725 ILCS 5/116-3)
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| Sec. 116-3. Motion for fingerprint , Integrated Ballistic | 13 |
| Identification System, or forensic testing not available at
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| trial regarding
actual innocence.
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| (a) A defendant may make a motion before the trial court | 16 |
| that entered the
judgment of conviction in his or her case for | 17 |
| the performance of fingerprint , Integrated Ballistic | 18 |
| Identification System, or
forensic DNA testing, including | 19 |
| comparison analysis of genetic marker
groupings of the evidence | 20 |
| collected by criminal justice agencies pursuant to
the alleged | 21 |
| offense, to those of the defendant, to those of other forensic
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| evidence, and to those maintained
under subsection (f) of | 23 |
| Section 5-4-3 of the Unified Code of Corrections,
on evidence | 24 |
| that was secured in relation
to the trial which resulted in his |
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| or her conviction, and:
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| (1)
but which was not subject
to the testing which is | 3 |
| now requested because the technology for the testing
was | 4 |
| not available at the time of trial ; or . Reasonable notice | 5 |
| of the motion shall
be served upon the State.
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| (2) although previously subjected to testing, can be | 7 |
| subjected to additional testing utilizing a method that was | 8 |
| not scientifically available at the time of trial that | 9 |
| provides a reasonable likelihood of more probative | 10 |
| results.
Reasonable notice of the motion shall be served | 11 |
| upon the State.
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| (b) The defendant must present a prima facie case that:
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| (1) identity was the issue in the trial which resulted | 14 |
| in his or her
conviction; and
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| (2) the evidence to be tested has been subject to a | 16 |
| chain of custody
sufficient to establish that it has not | 17 |
| been substituted, tampered with,
replaced, or altered in | 18 |
| any material aspect.
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| (c) The trial court shall allow the testing under | 20 |
| reasonable conditions
designed to protect the State's | 21 |
| interests in the integrity of the evidence and
the testing | 22 |
| process upon a determination that:
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| (1) the result of the testing has the scientific | 24 |
| potential to produce
new, noncumulative evidence | 25 |
| materially relevant to the defendant's assertion of
actual | 26 |
| innocence even though the results may not completely |
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| exonerate the
defendant;
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| (2) the testing requested employs a scientific method | 3 |
| generally accepted
within the relevant scientific | 4 |
| community.
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| (d) If evidence previously tested pursuant to this Section | 6 |
| reveals an unknown fingerprint from the crime scene that does | 7 |
| not match the defendant or the victim, the order of the Court | 8 |
| shall direct the prosecuting authority to request the Illinois | 9 |
| State Police Bureau of Forensic Science to submit the unknown | 10 |
| fingerprint evidence into the FBI's Integrated Automated | 11 |
| Fingerprint Identification System (AIFIS) for identification.
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| (Source: P.A. 93-605, eff. 11-19-03.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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