Full Text of HB1095 102nd General Assembly
HB1095sam002 102ND GENERAL ASSEMBLY | Sen. Robert Peters Filed: 11/30/2022
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| 1 | | AMENDMENT TO HOUSE BILL 1095
| 2 | | AMENDMENT NO. ______. Amend House Bill 1095, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment | 4 | | No. 1, on page 26, by replacing lines 5 through 7 with "in the | 5 | | presence of another law enforcement officer."; and | 6 | | on page 43, line 13, after " counties ", by inserting " with a | 7 | | population of 3,000,000 or less "; and
| 8 | | on page 130, by replacing lines 12 through 19 with the | 9 | | following: | 10 | | "(b) Whoever, having been released pretrial under | 11 | | conditions for appearance before
any court
of this State, | 12 | | while charged with a criminal offense in which the victim is a
| 13 | | family or household member as defined in Article 112A of the | 14 | | Code of Criminal
Procedure of 1963, knowingly violates a | 15 | | condition of that release as set forth
in Section 110-10, |
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| 1 | | subsection (d) of the Code of Criminal Procedure of 1963,
| 2 | | commits a Class A misdemeanor."; and | 3 | | on page 163, line 10, by deleting " Section 214 of "; and | 4 | | on page 282, line 5, after "Sections", by inserting "5-8-1,"; | 5 | | and | 6 | | on page 282, by inserting immediately below line 6 the | 7 | | following:
| 8 | | "(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 9 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 10 | | use of a firearm; mandatory supervised release terms.
| 11 | | (a) Except as otherwise provided in the statute defining | 12 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 13 | | imprisonment for a felony shall be a determinate sentence set | 14 | | by
the court under this Section, subject to Section 5-4.5-115 | 15 | | of this Code, according to the following limitations:
| 16 | | (1) for first degree murder,
| 17 | | (a) (blank),
| 18 | | (b) if a trier of fact finds beyond a reasonable
| 19 | | doubt that the murder was accompanied by exceptionally
| 20 | | brutal or heinous behavior indicative of wanton | 21 | | cruelty or, except as set forth
in subsection | 22 | | (a)(1)(c) of this Section, that any of the aggravating |
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| 1 | | factors
listed in subsection (b) or (b-5) of Section | 2 | | 9-1 of the Criminal Code of 1961 or the Criminal Code | 3 | | of 2012 are
present, the court may sentence the | 4 | | defendant, subject to Section 5-4.5-105, to a term of | 5 | | natural life
imprisonment, or
| 6 | | (c) the court shall sentence the defendant to a | 7 | | term of natural life
imprisonment if the defendant, at | 8 | | the time of the commission of the murder, had attained | 9 | | the age of 18, and:
| 10 | | (i) has previously been convicted of first | 11 | | degree murder under
any state or federal law, or
| 12 | | (ii) is found guilty of murdering more
than | 13 | | 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) (blank), or
| 25 | | (vii) is found guilty of first degree murder | 26 | | and the murder was
committed by reason of any |
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| 1 | | person's activity as a community policing | 2 | | volunteer
or to prevent any person from engaging | 3 | | in activity as a community policing
volunteer. For | 4 | | the purpose of this Section, "community policing | 5 | | volunteer"
has the meaning ascribed to it in | 6 | | Section 2-3.5 of the Criminal Code of 2012.
| 7 | | For purposes of clause (v), "emergency medical | 8 | | technician - ambulance",
"emergency medical technician - | 9 | | intermediate", "emergency medical technician -
| 10 | | paramedic", have the meanings ascribed to them in the | 11 | | Emergency Medical
Services (EMS) Systems Act.
| 12 | | (d)(i) if the person committed the offense while | 13 | | armed with a
firearm, 15 years shall be added to | 14 | | the term of imprisonment imposed by the
court;
| 15 | | (ii) if, during the commission of the offense, the | 16 | | person
personally discharged a firearm, 20 years shall | 17 | | be added to the term of
imprisonment imposed by the | 18 | | court;
| 19 | | (iii) if, during the commission of the offense, | 20 | | the person
personally discharged a firearm that | 21 | | proximately caused great bodily harm,
permanent | 22 | | disability, permanent disfigurement, or death to | 23 | | another person, 25
years or up to a term of natural | 24 | | life shall be added to the term of
imprisonment | 25 | | imposed by the court.
| 26 | | (2) (blank);
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| 1 | | (2.5) for a person who has attained the age of 18 years
| 2 | | at the time of the commission of the offense and
who is | 3 | | convicted under the circumstances described in subdivision | 4 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of | 5 | | subsection (b) of Section 12-13, subdivision (d)(2) of | 6 | | Section 11-1.30 or paragraph (2) of subsection
(d) of | 7 | | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | 8 | | paragraph (1.2) of subsection (b) of
Section 12-14.1, | 9 | | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | 10 | | subsection (b) of Section 12-14.1
of the Criminal Code of | 11 | | 1961 or the Criminal Code of 2012, the sentence shall be a | 12 | | term of natural life
imprisonment.
| 13 | | (b) (Blank).
| 14 | | (c) (Blank).
| 15 | | (d) Subject to
earlier termination under Section 3-3-8, | 16 | | the parole or mandatory
supervised release term shall be | 17 | | written as part of the sentencing order and shall be as | 18 | | follows:
| 19 | | (1) for first degree murder or for the offenses of | 20 | | predatory criminal sexual assault of a child, aggravated | 21 | | criminal sexual assault, and criminal sexual assault if | 22 | | committed on or before December 12, 2005, 3 years;
| 23 | | (1.5) except as provided in paragraph (7) of this | 24 | | subsection (d), for a Class X felony except for the | 25 | | offenses of predatory criminal sexual assault of a child, | 26 | | aggravated criminal sexual assault, and criminal sexual |
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| 1 | | assault if committed on or after December 13, 2005 (the | 2 | | effective date of Public Act 94-715) and except for the | 3 | | offense of aggravated child pornography under Section | 4 | | 11-20.1B, 11-20.3, or 11-20.1 with sentencing under | 5 | | subsection (c-5) of Section 11-20.1 of the Criminal Code | 6 | | of 1961 or the Criminal Code of 2012, if committed on or | 7 | | after January 1, 2009, 18 months; | 8 | | (2) except as provided in paragraph (7) of this | 9 | | subsection (d), for a Class 1 felony or a Class 2 felony | 10 | | except for the offense of criminal sexual assault if | 11 | | committed on or after December 13, 2005 (the effective | 12 | | date of Public Act 94-715) and except for the offenses of | 13 | | manufacture and dissemination of child pornography under | 14 | | clauses (a)(1) and (a)(2) of Section 11-20.1 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 16 | | committed on or after January 1, 2009, 12 months;
| 17 | | (3) except as provided in paragraph (4), (6), or (7) | 18 | | of this subsection (d), a mandatory supervised release | 19 | | term shall not be imposed for a Class 3 felony or a Class 4 | 20 | | felony , 6 months; no later than 45 days after the onset of | 21 | | the term of mandatory supervised release, the Prisoner | 22 | | Review Board shall conduct a discretionary discharge | 23 | | review pursuant to the provisions of Section 3-3-8, which | 24 | | shall include the results of a standardized risk and needs | 25 | | assessment tool administered by the Department of | 26 | | Corrections; the changes to this paragraph (3) made by |
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| 1 | | this amendatory Act of the 102nd General Assembly apply to | 2 | | all individuals released on mandatory supervised release | 3 | | on or after the effective date of this amendatory Act of | 4 | | the 102nd General Assembly, including those individuals | 5 | | whose sentences were imposed prior to the effective date | 6 | | of this amendatory Act of the 102nd General Assembly; ; | 7 | | unless: | 8 | | (A) the Prisoner Review Board, based on a | 9 | | validated risk and needs assessment, determines it is | 10 | | necessary for an offender to serve a mandatory | 11 | | supervised release term; | 12 | | (B) if the Prisoner Review Board determines a | 13 | | mandatory supervised release term is necessary | 14 | | pursuant to subparagraph (A) of this paragraph (3), | 15 | | the Prisoner Review Board shall specify the maximum | 16 | | number of months of mandatory supervised release the | 17 | | offender may serve, limited to a term of:
(i) 12 months | 18 | | for a Class 3 felony;
and (ii) 12 months for a Class 4 | 19 | | felony;
| 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 | 23 | | December 13, 2005 (the effective date of Public Act | 24 | | 94-715), or who commit the offense of aggravated child | 25 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 26 | | with sentencing under subsection (c-5) of Section 11-20.1 |
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| 1 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 2 | | manufacture of child pornography, or dissemination of | 3 | | child pornography after January 1, 2009, the term of | 4 | | mandatory supervised release shall range from a minimum of | 5 | | 3 years to a maximum of the natural life of the defendant;
| 6 | | (5) if the victim is under 18 years of age, for a | 7 | | second or subsequent
offense of aggravated criminal sexual | 8 | | abuse or felony criminal sexual abuse,
4 years, at least | 9 | | the first 2 years of which the defendant shall serve in an
| 10 | | electronic monitoring or home detention program under | 11 | | Article 8A of Chapter V of this Code;
| 12 | | (6) for a felony domestic battery, aggravated domestic | 13 | | battery, stalking, aggravated stalking, and a felony | 14 | | violation of an order of protection, 4 years; | 15 | | (7) for any felony described in paragraph (a)(2)(ii), | 16 | | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | 17 | | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | 18 | | 3-6-3 of the Unified Code of Corrections requiring an | 19 | | inmate to serve a minimum of 85% of their court-imposed | 20 | | sentence, except for the offenses of predatory criminal | 21 | | sexual assault of a child, aggravated criminal sexual | 22 | | assault, and criminal sexual assault if committed on or | 23 | | after December 13, 2005 (the effective date of Public Act | 24 | | 94-715) and except for the offense of aggravated child | 25 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 26 | | with sentencing under subsection (c-5) of Section 11-20.1 |
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| 1 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 2 | | if committed on or after January 1, 2009 and except as | 3 | | provided in paragraph (4) or paragraph (6) of this | 4 | | subsection (d), the term of mandatory supervised release | 5 | | shall be as follows: | 6 | | (A) Class X felony, 3 years; | 7 | | (B) Class 1 or Class 2 felonies, 2 years; | 8 | | (C) Class 3 or Class 4 felonies, 1 year. | 9 | | (e) (Blank).
| 10 | | (f) (Blank).
| 11 | | (g) Notwithstanding any other provisions of this Act and | 12 | | of Public Act 101-652: (i) the provisions of paragraph (3) of | 13 | | subsection (d) are effective on July 1, 2022 and shall apply to | 14 | | all individuals convicted on or after the effective date of | 15 | | paragraph (3) of subsection (d); and (ii) the provisions of | 16 | | paragraphs (1.5) and (2) of subsection (d) are effective on | 17 | | July 1, 2021 and shall apply to all individuals convicted on or | 18 | | after the effective date of paragraphs (1.5) and (2) of | 19 | | subsection (d). | 20 | | (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; | 21 | | 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. | 22 | | 1-7-22.)".
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