Full Text of HB2989 102nd General Assembly
HB2989ham002 102ND GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 4/8/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2989
| 2 | | AMENDMENT NO. ______. Amend House Bill 2989, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Unified Code of Corrections is amended by | 6 | | changing Section 5-4.5-105 as follows: | 7 | | (730 ILCS 5/5-4.5-105) | 8 | | Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF | 9 | | 21 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. | 10 | | (a) On or after January 1, 2016 ( the effective date of | 11 | | Public Act 99-69) this amendatory Act of the 99th General | 12 | | Assembly and before the effective date of this amendatory Act | 13 | | of the 102nd General Assembly , when a person commits an | 14 | | offense and the person is under 18 years of age at the time of | 15 | | the commission of the offense, the court, at the sentencing | 16 | | hearing conducted under Section 5-4-1, shall consider the |
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| 1 | | following additional factors in mitigation in determining the | 2 | | appropriate sentence: | 3 | | (1) the person's age, impetuosity, and level of | 4 | | maturity at the time of the offense, including the ability | 5 | | to consider risks and consequences of behavior, and the | 6 | | presence of cognitive or developmental disability, or | 7 | | both, if any; | 8 | | (2) whether the person was subjected to outside | 9 | | pressure, including peer pressure, familial pressure, or | 10 | | negative influences; | 11 | | (3) the person's family, home environment, educational | 12 | | and social background, including any history of parental | 13 | | neglect, physical abuse, or other childhood trauma; | 14 | | (4) the person's potential for rehabilitation or | 15 | | evidence of rehabilitation, or both; | 16 | | (5) the circumstances of the offense; | 17 | | (6) the person's degree of participation and specific | 18 | | role in the offense, including the level of planning by | 19 | | the defendant before the offense; | 20 | | (7) whether the person was able to meaningfully | 21 | | participate in his or her defense; | 22 | | (8) the person's prior juvenile or criminal history; | 23 | | and | 24 | | (9) any other information the court finds relevant and | 25 | | reliable, including an expression of remorse, if | 26 | | appropriate. However, if the person, on advice of counsel |
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| 1 | | chooses not to make a statement, the court shall not | 2 | | consider a lack of an expression of remorse as an | 3 | | aggravating factor. | 4 | | (a-5) On or after the effective date of this amendatory | 5 | | Act of the 102nd General Assembly, when a person commits an | 6 | | offense and the person is under 21 years of age at the time of | 7 | | the commission of the offense, the court, at the sentencing | 8 | | hearing conducted under Section 5-4-1, shall consider the | 9 | | following additional factors in mitigation in determining the | 10 | | appropriate sentence: | 11 | | (1) the person's age, impetuosity, and level of
| 12 | | maturity at the time of the offense, including the ability | 13 | | to consider risks and consequences of behavior, and the | 14 | | presence of cognitive or developmental disability, or | 15 | | both, if any; | 16 | | (2) whether the person was subjected to outside
| 17 | | pressure, including peer pressure, familial pressure, or | 18 | | negative influences; | 19 | | (3) the person's family, home environment,
educational | 20 | | and social background, including any history of parental | 21 | | neglect, physical abuse, or other childhood trauma; | 22 | | (4) the person's potential for rehabilitation or
| 23 | | evidence of rehabilitation, or both; | 24 | | (5) the circumstances of the offense; | 25 | | (6) the person's degree of participation and specific
| 26 | | role in the offense, including the level of planning by |
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| 1 | | the defendant before the offense; | 2 | | (7) whether the person was able to meaningfully
| 3 | | participate in his or her defense; | 4 | | (8) the person's prior juvenile or criminal history;
| 5 | | and | 6 | | (9) any other information the court finds relevant
and | 7 | | reliable, including an expression of remorse, if | 8 | | appropriate. However, if the person, on advice of counsel | 9 | | chooses not to make a statement, the court shall not | 10 | | consider a lack of an expression of remorse as an | 11 | | aggravating factor. | 12 | | (b) Except as provided in subsection (c), the court may | 13 | | sentence the defendant to any disposition authorized for the | 14 | | class of the offense of which he or she was found guilty as | 15 | | described in Article 4.5 of this Code, and may, in its | 16 | | discretion, decline to impose any otherwise applicable | 17 | | sentencing enhancement based upon firearm possession, | 18 | | possession with personal discharge, or possession with | 19 | | personal discharge that proximately causes great bodily harm, | 20 | | permanent disability, permanent disfigurement, or death to | 21 | | another person. | 22 | | (c) Notwithstanding any other provision of law, if the | 23 | | defendant is convicted of first degree murder and would | 24 | | otherwise be subject to sentencing under clause (iii), (iv), | 25 | | (v), or (vii) of subparagraph (c) of paragraph (1) of | 26 | | subsection (a) of Section 5-8-1 of this Code based on the |
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| 1 | | category of persons identified therein, the court shall impose | 2 | | a sentence of not less than 40 years of imprisonment. In | 3 | | addition, the court may, in its discretion, decline to impose | 4 | | the sentencing enhancements based upon the possession or use | 5 | | of a firearm during the commission of the offense included in | 6 | | subsection (d) of Section 5-8-1.
| 7 | | (Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875, | 8 | | eff. 1-1-17 .)".
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