Full Text of SB1740 97th General Assembly
SB1740eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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 | 8 | | use of a firearm; mandatory supervised release terms.
| 9 | | (a) Except as otherwise provided in the statute defining | 10 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 11 | | imprisonment for a felony shall be a determinate sentence set | 12 | | by
the court under this Section, according to the following | 13 | | limitations:
| 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 | | (b) (Blank).
| 15 | | (c) (Blank).
| 16 | | (d) Subject to
earlier termination under Section 3-3-8, the | 17 | | parole or mandatory
supervised release term shall be written as | 18 | | part of the sentencing order and shall be as follows:
| 19 | | (1) for first degree murder or a Class X felony except | 20 | | for the offenses of predatory criminal sexual assault of a | 21 | | child, aggravated criminal sexual assault, and criminal | 22 | | sexual assault if committed on or after the effective date | 23 | | of this amendatory Act of the 94th General Assembly and | 24 | | except for the offense of aggravated child pornography | 25 | | under Section 11-20.3 of the Criminal Code of 1961, if | 26 | | committed on or after January 1, 2009, 3 years;
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| 1 | | (2) for a Class 1 felony or a Class 2 felony except for | 2 | | the offense of criminal sexual assault if committed on or | 3 | | after the effective date of this amendatory Act of the 94th | 4 | | General Assembly and except for the offenses of manufacture | 5 | | and dissemination of child pornography under clauses | 6 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 7 | | of 1961, if committed on or after January 1, 2009, 2 years;
| 8 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 9 | | (4) for defendants who commit the offense of predatory | 10 | | criminal sexual assault of a child, aggravated criminal | 11 | | sexual assault, or criminal sexual assault, on or after the | 12 | | effective date of this amendatory Act of the 94th General | 13 | | Assembly, or who commit the offense of aggravated child | 14 | | pornography, manufacture of child pornography, or | 15 | | dissemination of child pornography after January 1, 2009, | 16 | | the term of mandatory supervised release shall range from a | 17 | | minimum of 3 years to a maximum of the natural life of the | 18 | | defendant;
| 19 | | (5) if the victim is under 18 years of age, for a | 20 | | second or subsequent
offense of aggravated criminal sexual | 21 | | abuse or felony criminal sexual abuse,
4 years, at least | 22 | | the first 2 years of which the defendant shall serve in an
| 23 | | electronic home detention program under Article 8A of | 24 | | Chapter V of this Code;
| 25 | | (6) for a felony domestic battery, aggravated domestic | 26 | | battery, stalking, aggravated stalking, and a felony |
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| 1 | | violation of an order of protection, 4 years. | 2 | | (e) (Blank).
| 3 | | (f) (Blank).
| 4 | | (Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; | 5 | | 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff. | 6 | | 7-22-10; 96-1475, eff. 1-1-11; revised 9-16-10.)
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