Full Text of HB5037 103rd General Assembly
HB5037ham001 103RD GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 2/28/2024 | | 10300HB5037ham001 | | LRB103 37909 RLC 70146 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5037
| 2 | | AMENDMENT NO. ______. Amend House Bill 5037 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 8-4, 9-1.2, 10-2, 11-1.30, 11-1.40, 12-3.05, | 6 | | 18-2, 18-4, and 19-6 as follows: | 7 | | (720 ILCS 5/8-4) (from Ch. 38, par. 8-4) | 8 | | Sec. 8-4. Attempt. | 9 | | (a) Elements of the offense. | 10 | | A person commits the offense of attempt when, with intent | 11 | | to commit a specific offense, he or she does any act that | 12 | | constitutes a substantial step toward the commission of that | 13 | | offense. | 14 | | (b) Impossibility. | 15 | | It is not a defense to a charge of attempt that because of | 16 | | a misapprehension of the circumstances it would have been |
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| 1 | | impossible for the accused to commit the offense attempted. | 2 | | (c) Sentence. | 3 | | A person convicted of attempt may be fined or imprisoned | 4 | | or both not to exceed the maximum provided for the offense | 5 | | attempted but, except for an attempt to commit the offense | 6 | | defined in Section 33A-2 of this Code: | 7 | | (1) the sentence for attempt to commit first degree | 8 | | murder is the sentence for a Class X felony, except that | 9 | | (A) an attempt to commit first degree murder when | 10 | | at least one of the aggravating factors specified in | 11 | | clauses (iii), (iv), and (v) of subsection (a)(1)(c) | 12 | | of Section 5-8-1 of the Unified Code of Corrections is | 13 | | present is a Class X felony for which the sentence | 14 | | shall be a term of imprisonment of not less than 20 | 15 | | years and not more than 80 years; | 16 | | (B) an attempt to commit first degree murder while | 17 | | armed with a firearm is a Class X felony for which up | 18 | | to 15 years may shall be added to the term of | 19 | | imprisonment imposed by the court if the person | 20 | | committed the offense while personally armed with the | 21 | | firearm and while personally displaying the firearm ; | 22 | | (C) an attempt to commit first degree murder | 23 | | during which the person personally discharged a | 24 | | firearm is a Class X felony for which up to 20 years | 25 | | may shall be added to the term of imprisonment imposed | 26 | | by the court; |
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| 1 | | (D) an attempt to commit first degree murder | 2 | | during which the person personally discharged a | 3 | | firearm that proximately caused great bodily harm, | 4 | | permanent disability, permanent disfigurement, or | 5 | | death to another person is a Class X felony for which | 6 | | up to 25 years may or up to a term of natural life | 7 | | shall be added to the term of imprisonment imposed by | 8 | | the court; and | 9 | | (E) if the defendant proves by a preponderance of | 10 | | the evidence at sentencing that, at the time of the | 11 | | attempted murder, he or she was acting under a sudden | 12 | | and intense passion resulting from serious provocation | 13 | | by the individual whom the defendant endeavored to | 14 | | kill, or another, and, had the individual the | 15 | | defendant endeavored to kill died, the defendant would | 16 | | have negligently or accidentally caused that death, | 17 | | then the sentence for the attempted murder is the | 18 | | sentence for a Class 1 felony; | 19 | | (2) the sentence for attempt to commit a Class X | 20 | | felony is the sentence for a Class 1 felony; | 21 | | (3) the sentence for attempt to commit a Class 1 | 22 | | felony is the sentence for a Class 2 felony; | 23 | | (4) the sentence for attempt to commit a Class 2 | 24 | | felony is the sentence for a Class 3 felony; and | 25 | | (5) the sentence for attempt to commit any felony | 26 | | other than those specified in items (1), (2), (3), and (4) |
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| 1 | | of this subsection (c) is the sentence for a Class A | 2 | | misdemeanor. | 3 | | (Source: P.A. 103-51, eff. 1-1-24 .) | 4 | | (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2) | 5 | | Sec. 9-1.2. Intentional homicide of an unborn child. | 6 | | (a) A person commits the offense of intentional homicide | 7 | | of an unborn child if, in performing acts which cause the death | 8 | | of an unborn child, he without lawful justification: | 9 | | (1) either intended to cause the death of or do great | 10 | | bodily harm to the pregnant individual or unborn child or | 11 | | knew that such acts would cause death or great bodily harm | 12 | | to the pregnant individual or unborn child; or | 13 | | (2) knew that his acts created a strong probability of | 14 | | death or great bodily harm to the pregnant individual or | 15 | | unborn child; and | 16 | | (3) knew that the individual was pregnant. | 17 | | (b) For purposes of this Section, (1) "unborn child" shall | 18 | | mean any individual of the human species from the implantation | 19 | | of an embryo until birth, and (2) "person" shall not include | 20 | | the pregnant woman whose unborn child is killed. | 21 | | (c) This Section shall not apply to acts which cause the | 22 | | death of an unborn child if those acts were committed during | 23 | | any abortion, as defined in Section 1-10 of the Reproductive | 24 | | Health Act, to which the pregnant individual has consented. | 25 | | This Section shall not apply to acts which were committed |
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| 1 | | pursuant to usual and customary standards of medical practice | 2 | | during diagnostic testing or therapeutic treatment. | 3 | | (d) Penalty. The sentence for intentional homicide of an | 4 | | unborn child shall be the same as for first degree murder, | 5 | | except that: | 6 | | (1) (blank); | 7 | | (2) if the person committed the offense while | 8 | | personally armed with a firearm, and while personally | 9 | | displaying the firearm, up to 15 years may shall be added | 10 | | to the term of imprisonment imposed by the court; | 11 | | (3) if, during the commission of the offense, the | 12 | | person personally discharged a firearm, up to 20 years may | 13 | | shall be added to the term of imprisonment imposed by the | 14 | | court; | 15 | | (4) if, during the commission of the offense, the | 16 | | person personally discharged a firearm that proximately | 17 | | caused great bodily harm, permanent disability, permanent | 18 | | disfigurement, or death to another person, up to 25 years | 19 | | may or up to a term of natural life shall be added to the | 20 | | term of imprisonment imposed by the court. | 21 | | (e) The provisions of this Act shall not be construed to | 22 | | prohibit the prosecution of any person under any other | 23 | | provision of law. | 24 | | (Source: P.A. 103-51, eff. 1-1-24 .) | 25 | | (720 ILCS 5/10-2) (from Ch. 38, par. 10-2) |
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| 1 | | Sec. 10-2. Aggravated kidnaping. | 2 | | (a) A person commits the offense of aggravated kidnaping | 3 | | when he or she commits kidnapping and: | 4 | | (1) kidnaps with the intent to obtain ransom from the | 5 | | person kidnaped or from any other person; | 6 | | (2) takes as his or her victim a child under the age of | 7 | | 13 years, or a person with a severe or profound | 8 | | intellectual disability; | 9 | | (3) inflicts great bodily harm, other than by the | 10 | | discharge of a firearm, or commits another felony upon his | 11 | | or her victim; | 12 | | (4) wears a hood, robe, or mask or conceals his or her | 13 | | identity; | 14 | | (5) commits the offense of kidnaping while armed with | 15 | | a dangerous weapon, other than a firearm, as defined in | 16 | | Section 33A-1 of this Code; | 17 | | (6) commits the offense of kidnaping while armed with | 18 | | a firearm; | 19 | | (7) during the commission of the offense of kidnaping, | 20 | | personally discharges a firearm; or | 21 | | (8) during the commission of the offense of kidnaping, | 22 | | personally discharges a firearm that proximately causes | 23 | | great bodily harm, permanent disability, permanent | 24 | | disfigurement, or death to another person. | 25 | | As used in this Section, "ransom" includes money, benefit, | 26 | | or other valuable thing or concession. |
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| 1 | | (b) Sentence. Aggravated kidnaping in violation of | 2 | | paragraph (1), (2), (3), (4), or (5) of subsection (a) is a | 3 | | Class X felony. A violation of subsection (a)(6) is a Class X | 4 | | felony for which up to 15 years may shall be added to the term | 5 | | of imprisonment imposed by the court , if the person committed | 6 | | the offense while personally armed with a firearm, and while | 7 | | personally displaying the firearm . A violation of subsection | 8 | | (a)(7) is a Class X felony for which up to 20 years may shall | 9 | | be added to the term of imprisonment imposed by the court. A | 10 | | violation of subsection (a)(8) is a Class X felony for which up | 11 | | to 25 years may or up to a term of natural life shall be added | 12 | | to the term of imprisonment imposed by the court. An offender | 13 | | under the age of 18 years at the time of the commission of | 14 | | aggravated kidnaping in violation of paragraphs (1) through | 15 | | (8) of subsection (a) shall be sentenced under Section | 16 | | 5-4.5-105 of the Unified Code of Corrections. | 17 | | A person who has attained the age of 18 years at the time | 18 | | of the commission of the offense and who is convicted of a | 19 | | second or subsequent offense of aggravated kidnaping shall be | 20 | | sentenced to a term of natural life imprisonment; except that | 21 | | a sentence of natural life imprisonment shall not be imposed | 22 | | under this Section unless the second or subsequent offense was | 23 | | committed after conviction on the first offense. An offender | 24 | | under the age of 18 years at the time of the commission of the | 25 | | second or subsequent offense shall be sentenced under Section | 26 | | 5-4.5-105 of the Unified Code of Corrections. |
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| 1 | | (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; | 2 | | 99-642, eff. 7-28-16.) | 3 | | (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14) | 4 | | Sec. 11-1.30. Aggravated Criminal Sexual Assault. | 5 | | (a) A person commits aggravated criminal sexual assault if | 6 | | that person commits criminal sexual assault and any of the | 7 | | following aggravating circumstances exist during the | 8 | | commission of the offense or, for purposes of paragraph (7), | 9 | | occur as part of the same course of conduct as the commission | 10 | | of the offense: | 11 | | (1) the person displays, threatens to use, or uses a | 12 | | dangerous weapon, other than a firearm, or any other | 13 | | object fashioned or used in a manner that leads the | 14 | | victim, under the circumstances, reasonably to believe | 15 | | that the object is a dangerous weapon; | 16 | | (2) the person causes bodily harm to the victim, | 17 | | except as provided in paragraph (10); | 18 | | (3) the person acts in a manner that threatens or | 19 | | endangers the life of the victim or any other person; | 20 | | (4) the person commits the criminal sexual assault | 21 | | during the course of committing or attempting to commit | 22 | | any other felony; | 23 | | (5) the victim is 60 years of age or older; | 24 | | (6) the victim is a person with a physical disability; | 25 | | (7) the person delivers (by injection, inhalation, |
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| 1 | | ingestion, transfer of possession, or any other means) any | 2 | | controlled substance to the victim without the victim's | 3 | | consent or by threat or deception for other than medical | 4 | | purposes; | 5 | | (8) the person is armed with a firearm; | 6 | | (9) the person personally discharges a firearm during | 7 | | the commission of the offense; or | 8 | | (10) the person personally discharges a firearm during | 9 | | the commission of the offense, and that discharge | 10 | | proximately causes great bodily harm, permanent | 11 | | disability, permanent disfigurement, or death to another | 12 | | person. | 13 | | (b) A person commits aggravated criminal sexual assault if | 14 | | that person is under 17 years of age and: (i) commits an act of | 15 | | sexual penetration with a victim who is under 9 years of age; | 16 | | or (ii) commits an act of sexual penetration with a victim who | 17 | | is at least 9 years of age but under 13 years of age and the | 18 | | person uses force or threat of force to commit the act. | 19 | | (c) A person commits aggravated criminal sexual assault if | 20 | | that person commits an act of sexual penetration with a victim | 21 | | who is a person with a severe or profound intellectual | 22 | | disability. | 23 | | (d) Sentence. | 24 | | (1) Aggravated criminal sexual assault in violation of | 25 | | paragraph (2), (3), (4), (5), (6), or (7) of subsection | 26 | | (a) or in violation of subsection (b) or (c) is a Class X |
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| 1 | | felony. A violation of subsection (a)(1) is a Class X | 2 | | felony for which 10 years shall be added to the term of | 3 | | imprisonment imposed by the court. A violation of | 4 | | subsection (a)(8) is a Class X felony for which up to 15 | 5 | | years may shall be added to the term of imprisonment | 6 | | imposed by the court , if the person committed the offense | 7 | | while personally armed with a firearm, and while | 8 | | personally displaying the firearm . A violation of | 9 | | subsection (a)(9) is a Class X felony for which up to 20 | 10 | | years may shall be added to the term of imprisonment | 11 | | imposed by the court. A violation of subsection (a)(10) is | 12 | | a Class X felony for which up to 25 years may or up to a | 13 | | term of natural life imprisonment shall be added to the | 14 | | term of imprisonment imposed by the court. An offender | 15 | | under the age of 18 years at the time of the commission of | 16 | | aggravated criminal sexual assault in violation of | 17 | | paragraphs (1) through (10) of subsection (a) shall be | 18 | | sentenced under Section 5-4.5-105 of the Unified Code of | 19 | | Corrections. | 20 | | (2) A person who has attained the age of 18 years at | 21 | | the time of the commission of the offense and who is | 22 | | convicted of a second or subsequent offense of aggravated | 23 | | criminal sexual assault, or who is convicted of the | 24 | | offense of aggravated criminal sexual assault after having | 25 | | previously been convicted of the offense of criminal | 26 | | sexual assault or the offense of predatory criminal sexual |
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| 1 | | assault of a child, or who is convicted of the offense of | 2 | | aggravated criminal sexual assault after having previously | 3 | | been convicted under the laws of this or any other state of | 4 | | an offense that is substantially equivalent to the offense | 5 | | of criminal sexual assault, the offense of aggravated | 6 | | criminal sexual assault or the offense of predatory | 7 | | criminal sexual assault of a child, shall be sentenced to | 8 | | a term of natural life imprisonment. The commission of the | 9 | | second or subsequent offense is required to have been | 10 | | after the initial conviction for this paragraph (2) to | 11 | | apply. An offender under the age of 18 years at the time of | 12 | | the commission of the offense covered by this paragraph | 13 | | (2) shall be sentenced under Section 5-4.5-105 of the | 14 | | Unified Code of Corrections. | 15 | | (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; | 16 | | 99-642, eff. 7-28-16.) | 17 | | (720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1) | 18 | | Sec. 11-1.40. Predatory criminal sexual assault of a | 19 | | child. | 20 | | (a) A person commits predatory criminal sexual assault of | 21 | | a child if that person is 17 years of age or older, and commits | 22 | | an act of contact, however slight, between the sex organ or | 23 | | anus of one person and the part of the body of another for the | 24 | | purpose of sexual gratification or arousal of the victim or | 25 | | the accused, or an act of sexual penetration, and: |
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| 1 | | (1) the victim is under 13 years of age; or | 2 | | (2) the victim is under 13 years of age and that | 3 | | person: | 4 | | (A) is armed with a firearm; | 5 | | (B) personally discharges a firearm during the | 6 | | commission of the offense; | 7 | | (C) causes great bodily harm to the victim that: | 8 | | (i) results in permanent disability; or | 9 | | (ii) is life threatening; or | 10 | | (D) delivers (by injection, inhalation, ingestion, | 11 | | transfer of possession, or any other means) any | 12 | | controlled substance to the victim without the | 13 | | victim's consent or by threat or deception, for other | 14 | | than medical purposes. | 15 | | (b) Sentence. | 16 | | (1) A person convicted of a violation of subsection | 17 | | (a)(1) commits a Class X felony, for which the person | 18 | | shall be sentenced to a term of imprisonment of not less | 19 | | than 6 years and not more than 60 years. A person convicted | 20 | | of a violation of subsection (a)(2)(A) commits a Class X | 21 | | felony for which up to 15 years may shall be added to the | 22 | | term of imprisonment imposed by the court , if the person | 23 | | committed the offense while personally armed with a | 24 | | firearm, and while personally displaying the firearm . A | 25 | | person convicted of a violation of subsection (a)(2)(B) | 26 | | commits a Class X felony for which up to 20 years may shall |
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| 1 | | be added to the term of imprisonment imposed by the court. | 2 | | A person who has attained the age of 18 years at the time | 3 | | of the commission of the offense and who is convicted of a | 4 | | violation of subsection (a)(2)(C) commits a Class X felony | 5 | | for which the person shall be sentenced to a term of | 6 | | imprisonment of not less than 50 years or up to a term of | 7 | | natural life imprisonment. An offender under the age of 18 | 8 | | years at the time of the commission of predatory criminal | 9 | | sexual assault of a child in violation of subsections | 10 | | (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be | 11 | | sentenced under Section 5-4.5-105 of the Unified Code of | 12 | | Corrections. | 13 | | (1.1) A person convicted of a violation of subsection | 14 | | (a)(2)(D) commits a Class X felony for which the person | 15 | | shall be sentenced to a term of imprisonment of not less | 16 | | than 50 years and not more than 60 years. An offender under | 17 | | the age of 18 years at the time of the commission of | 18 | | predatory criminal sexual assault of a child in violation | 19 | | of subsection (a)(2)(D) shall be sentenced under Section | 20 | | 5-4.5-105 of the Unified Code of Corrections. | 21 | | (1.2) A person who has attained the age of 18 years at | 22 | | the time of the commission of the offense and convicted of | 23 | | predatory criminal sexual assault of a child committed | 24 | | against 2 or more persons regardless of whether the | 25 | | offenses occurred as the result of the same act or of | 26 | | several related or unrelated acts shall be sentenced to a |
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| 1 | | term of natural life imprisonment and an offender under | 2 | | the age of 18 years at the time of the commission of the | 3 | | offense shall be sentenced under Section 5-4.5-105 of the | 4 | | Unified Code of Corrections. | 5 | | (2) A person who has attained the age of 18 years at | 6 | | the time of the commission of the offense and who is | 7 | | convicted of a second or subsequent offense of predatory | 8 | | criminal sexual assault of a child, or who is convicted of | 9 | | the offense of predatory criminal sexual assault of a | 10 | | child after having previously been convicted of the | 11 | | offense of criminal sexual assault or the offense of | 12 | | aggravated criminal sexual assault, or who is convicted of | 13 | | the offense of predatory criminal sexual assault of a | 14 | | child after having previously been convicted under the | 15 | | laws of this State or any other state of an offense that is | 16 | | substantially equivalent to the offense of predatory | 17 | | criminal sexual assault of a child, the offense of | 18 | | aggravated criminal sexual assault or the offense of | 19 | | criminal sexual assault, shall be sentenced to a term of | 20 | | natural life imprisonment. The commission of the second or | 21 | | subsequent offense is required to have been after the | 22 | | initial conviction for this paragraph (2) to apply. An | 23 | | offender under the age of 18 years at the time of the | 24 | | commission of the offense covered by this paragraph (2) | 25 | | shall be sentenced under Section 5-4.5-105 of the Unified | 26 | | Code of Corrections. |
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| 1 | | (Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; | 2 | | 98-903, eff. 8-15-14; 99-69, eff. 1-1-16 .) | 3 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4) | 4 | | Sec. 12-3.05. Aggravated battery. | 5 | | (a) Offense based on injury. A person commits aggravated | 6 | | battery when, in committing a battery, other than by the | 7 | | discharge of a firearm, he or she knowingly does any of the | 8 | | following: | 9 | | (1) Causes great bodily harm or permanent disability | 10 | | or disfigurement. | 11 | | (2) Causes severe and permanent disability, great | 12 | | bodily harm, or disfigurement by means of a caustic or | 13 | | flammable substance, a poisonous gas, a deadly biological | 14 | | or chemical contaminant or agent, a radioactive substance, | 15 | | or a bomb or explosive compound. | 16 | | (3) Causes great bodily harm or permanent disability | 17 | | or disfigurement to an individual whom the person knows to | 18 | | be a peace officer, community policing volunteer, fireman, | 19 | | private security officer, correctional institution | 20 | | employee, or Department of Human Services employee | 21 | | supervising or controlling sexually dangerous persons or | 22 | | sexually violent persons: | 23 | | (i) performing his or her official duties; | 24 | | (ii) battered to prevent performance of his or her | 25 | | official duties; or |
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| 1 | | (iii) battered in retaliation for performing his | 2 | | or her official duties. | 3 | | (4) Causes great bodily harm or permanent disability | 4 | | or disfigurement to an individual 60 years of age or | 5 | | older. | 6 | | (5) Strangles another individual. | 7 | | (b) Offense based on injury to a child or person with an | 8 | | intellectual disability. A person who is at least 18 years of | 9 | | age commits aggravated battery when, in committing a battery, | 10 | | he or she knowingly and without legal justification by any | 11 | | means: | 12 | | (1) causes great bodily harm or permanent disability | 13 | | or disfigurement to any child under the age of 13 years, or | 14 | | to any person with a severe or profound intellectual | 15 | | disability; or | 16 | | (2) causes bodily harm or disability or disfigurement | 17 | | to any child under the age of 13 years or to any person | 18 | | with a severe or profound intellectual disability. | 19 | | (c) Offense based on location of conduct. A person commits | 20 | | aggravated battery when, in committing a battery, other than | 21 | | by the discharge of a firearm, he or she is or the person | 22 | | battered is on or about a public way, public property, a public | 23 | | place of accommodation or amusement, a sports venue, or a | 24 | | domestic violence shelter, or in a church, synagogue, mosque, | 25 | | or other building, structure, or place used for religious | 26 | | worship. |
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| 1 | | (d) Offense based on status of victim. A person commits | 2 | | aggravated battery when, in committing a battery, other than | 3 | | by discharge of a firearm, he or she knows the individual | 4 | | battered to be any of the following: | 5 | | (1) A person 60 years of age or older. | 6 | | (2) A person who is pregnant or has a physical | 7 | | disability. | 8 | | (3) A teacher or school employee upon school grounds | 9 | | or grounds adjacent to a school or in any part of a | 10 | | building used for school purposes. | 11 | | (4) A peace officer, community policing volunteer, | 12 | | fireman, private security officer, correctional | 13 | | institution employee, or Department of Human Services | 14 | | employee supervising or controlling sexually dangerous | 15 | | persons or sexually violent persons: | 16 | | (i) performing his or her official duties; | 17 | | (ii) battered to prevent performance of his or her | 18 | | official duties; or | 19 | | (iii) battered in retaliation for performing his | 20 | | or her official duties. | 21 | | (5) A judge, emergency management worker, emergency | 22 | | medical services personnel, or utility worker: | 23 | | (i) performing his or her official duties; | 24 | | (ii) battered to prevent performance of his or her | 25 | | official duties; or | 26 | | (iii) battered in retaliation for performing his |
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| 1 | | or her official duties. | 2 | | (6) An officer or employee of the State of Illinois, a | 3 | | unit of local government, or a school district, while | 4 | | performing his or her official duties. | 5 | | (7) A transit employee performing his or her official | 6 | | duties, or a transit passenger. | 7 | | (8) A taxi driver on duty. | 8 | | (9) A merchant who detains the person for an alleged | 9 | | commission of retail theft under Section 16-26 of this | 10 | | Code and the person without legal justification by any | 11 | | means causes bodily harm to the merchant. | 12 | | (10) A person authorized to serve process under | 13 | | Section 2-202 of the Code of Civil Procedure or a special | 14 | | process server appointed by the circuit court while that | 15 | | individual is in the performance of his or her duties as a | 16 | | process server. | 17 | | (11) A nurse while in the performance of his or her | 18 | | duties as a nurse. | 19 | | (12) A merchant: (i) while performing his or her | 20 | | duties, including, but not limited to, relaying directions | 21 | | for healthcare or safety from his or her supervisor or | 22 | | employer or relaying health or safety guidelines, | 23 | | recommendations, regulations, or rules from a federal, | 24 | | State, or local public health agency; and (ii) during a | 25 | | disaster declared by the Governor, or a state of emergency | 26 | | declared by the mayor of the municipality in which the |
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| 1 | | merchant is located, due to a public health emergency and | 2 | | for a period of 6 months after such declaration. | 3 | | (e) Offense based on use of a firearm. A person commits | 4 | | aggravated battery when, in committing a battery, he or she | 5 | | knowingly does any of the following: | 6 | | (1) Discharges a firearm, other than a machine gun or | 7 | | a firearm equipped with a silencer, and causes any injury | 8 | | to another person. | 9 | | (2) Discharges a firearm, other than a machine gun or | 10 | | a firearm equipped with a silencer, and causes any injury | 11 | | to a person he or she knows to be a peace officer, | 12 | | community policing volunteer, person summoned by a police | 13 | | officer, fireman, private security officer, correctional | 14 | | institution employee, or emergency management worker: | 15 | | (i) performing his or her official duties; | 16 | | (ii) battered to prevent performance of his or her | 17 | | official duties; or | 18 | | (iii) battered in retaliation for performing his | 19 | | or her official duties. | 20 | | (3) Discharges a firearm, other than a machine gun or | 21 | | a firearm equipped with a silencer, and causes any injury | 22 | | to a person he or she knows to be emergency medical | 23 | | services personnel: | 24 | | (i) performing his or her official duties; | 25 | | (ii) battered to prevent performance of his or her | 26 | | official duties; or |
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| 1 | | (iii) battered in retaliation for performing his | 2 | | or her official duties. | 3 | | (4) Discharges a firearm and causes any injury to a | 4 | | person he or she knows to be a teacher, a student in a | 5 | | school, or a school employee, and the teacher, student, or | 6 | | employee is upon school grounds or grounds adjacent to a | 7 | | school or in any part of a building used for school | 8 | | purposes. | 9 | | (5) Discharges a machine gun or a firearm equipped | 10 | | with a silencer, and causes any injury to another person. | 11 | | (6) Discharges a machine gun or a firearm equipped | 12 | | with a silencer, and causes any injury to a person he or | 13 | | she knows to be a peace officer, community policing | 14 | | volunteer, person summoned by a police officer, fireman, | 15 | | private security officer, correctional institution | 16 | | employee or emergency management worker: | 17 | | (i) performing his or her official duties; | 18 | | (ii) battered to prevent performance of his or her | 19 | | official duties; or | 20 | | (iii) battered in retaliation for performing his | 21 | | or her official duties. | 22 | | (7) Discharges a machine gun or a firearm equipped | 23 | | with a silencer, and causes any injury to a person he or | 24 | | she knows to be emergency medical services personnel: | 25 | | (i) performing his or her official duties; | 26 | | (ii) battered to prevent performance of his or her |
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| 1 | | official duties; or | 2 | | (iii) battered in retaliation for performing his | 3 | | or her official duties. | 4 | | (8) Discharges a machine gun or a firearm equipped | 5 | | with a silencer, and causes any injury to a person he or | 6 | | she knows to be a teacher, or a student in a school, or a | 7 | | school employee, and the teacher, student, or employee is | 8 | | upon school grounds or grounds adjacent to a school or in | 9 | | any part of a building used for school purposes. | 10 | | (f) Offense based on use of a weapon or device. A person | 11 | | commits aggravated battery when, in committing a battery, he | 12 | | or she does any of the following: | 13 | | (1) Uses a deadly weapon other than by discharge of a | 14 | | firearm, or uses an air rifle as defined in Section | 15 | | 24.8-0.1 of this Code. | 16 | | (2) Wears a hood, robe, or mask to conceal his or her | 17 | | identity. | 18 | | (3) Knowingly and without lawful justification shines | 19 | | or flashes a laser gunsight or other laser device attached | 20 | | to a firearm, or used in concert with a firearm, so that | 21 | | the laser beam strikes upon or against the person of | 22 | | another. | 23 | | (4) Knowingly video or audio records the offense with | 24 | | the intent to disseminate the recording. | 25 | | (g) Offense based on certain conduct. A person commits | 26 | | aggravated battery when, other than by discharge of a firearm, |
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| 1 | | he or she does any of the following: | 2 | | (1) Violates Section 401 of the Illinois Controlled | 3 | | Substances Act by unlawfully delivering a controlled | 4 | | substance to another and any user experiences great bodily | 5 | | harm or permanent disability as a result of the injection, | 6 | | inhalation, or ingestion of any amount of the controlled | 7 | | substance. | 8 | | (2) Knowingly administers to an individual or causes | 9 | | him or her to take, without his or her consent or by threat | 10 | | or deception, and for other than medical purposes, any | 11 | | intoxicating, poisonous, stupefying, narcotic, | 12 | | anesthetic, or controlled substance, or gives to another | 13 | | person any food containing any substance or object | 14 | | intended to cause physical injury if eaten. | 15 | | (3) Knowingly causes or attempts to cause a | 16 | | correctional institution employee or Department of Human | 17 | | Services employee to come into contact with blood, seminal | 18 | | fluid, urine, or feces by throwing, tossing, or expelling | 19 | | the fluid or material, and the person is an inmate of a | 20 | | penal institution or is a sexually dangerous person or | 21 | | sexually violent person in the custody of the Department | 22 | | of Human Services. | 23 | | (h) Sentence. Unless otherwise provided, aggravated | 24 | | battery is a Class 3 felony. | 25 | | Aggravated battery as defined in subdivision (a)(4), | 26 | | (d)(4), or (g)(3) is a Class 2 felony. |
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| 1 | | Aggravated battery as defined in subdivision (a)(3) or | 2 | | (g)(1) is a Class 1 felony. | 3 | | Aggravated battery as defined in subdivision (a)(1) is a | 4 | | Class 1 felony when the aggravated battery was intentional and | 5 | | involved the infliction of torture, as defined in paragraph | 6 | | (10) of subsection (b-5) of Section 5-8-1 of the Unified Code | 7 | | of Corrections, as the infliction of or subjection to extreme | 8 | | physical pain, motivated by an intent to increase or prolong | 9 | | the pain, suffering, or agony of the victim. | 10 | | Aggravated battery as defined in subdivision (a)(1) is a | 11 | | Class 2 felony when the person causes great bodily harm or | 12 | | permanent disability to an individual whom the person knows to | 13 | | be a member of a congregation engaged in prayer or other | 14 | | religious activities at a church, synagogue, mosque, or other | 15 | | building, structure, or place used for religious worship. | 16 | | Aggravated battery under subdivision (a)(5) is a Class 1 | 17 | | felony if: | 18 | | (A) the person used or attempted to use a dangerous | 19 | | instrument while committing the offense; | 20 | | (B) the person caused great bodily harm or permanent | 21 | | disability or disfigurement to the other person while | 22 | | committing the offense; or | 23 | | (C) the person has been previously convicted of a | 24 | | violation of subdivision (a)(5) under the laws of this | 25 | | State or laws similar to subdivision (a)(5) of any other | 26 | | state. |
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| 1 | | Aggravated battery as defined in subdivision (e)(1) is a | 2 | | Class X felony. | 3 | | Aggravated battery as defined in subdivision (a)(2) is a | 4 | | Class X felony for which a person shall be sentenced to a term | 5 | | of imprisonment of a minimum of 6 years and a maximum of 45 | 6 | | years. | 7 | | Aggravated battery as defined in subdivision (e)(5) is a | 8 | | Class X felony for which a person shall be sentenced to a term | 9 | | of imprisonment of a minimum of 12 years and a maximum of 45 | 10 | | years. | 11 | | Aggravated battery as defined in subdivision (e)(2), | 12 | | (e)(3), or (e)(4) is a Class X felony for which a person shall | 13 | | be sentenced to a term of imprisonment of a minimum of 15 years | 14 | | and a maximum of 60 years. | 15 | | Aggravated battery as defined in subdivision (e)(6), | 16 | | (e)(7), or (e)(8) is a Class X felony for which a person shall | 17 | | be sentenced to a term of imprisonment of a minimum of 20 years | 18 | | and a maximum of 60 years. | 19 | | Aggravated battery as defined in subdivision (b)(1) is a | 20 | | Class X felony, except that: | 21 | | (1) if the person committed the offense while | 22 | | personally armed with a firearm, and while personally | 23 | | displaying the firearm, up to 15 years may shall be added | 24 | | to the term of imprisonment imposed by the court; | 25 | | (2) if, during the commission of the offense, the | 26 | | person personally discharged a firearm, up to 20 years may |
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| 1 | | shall be added to the term of imprisonment imposed by the | 2 | | court; | 3 | | (3) if, during the commission of the offense, the | 4 | | person personally discharged a firearm that proximately | 5 | | caused great bodily harm, permanent disability, permanent | 6 | | disfigurement, or death to another person, up to 25 years | 7 | | may or up to a term of natural life shall be added to the | 8 | | term of imprisonment imposed by the court. | 9 | | (i) Definitions. In this Section: | 10 | | "Building or other structure used to provide shelter" has | 11 | | the meaning ascribed to "shelter" in Section 1 of the Domestic | 12 | | Violence Shelters Act. | 13 | | "Domestic violence" has the meaning ascribed to it in | 14 | | Section 103 of the Illinois Domestic Violence Act of 1986. | 15 | | "Domestic violence shelter" means any building or other | 16 | | structure used to provide shelter or other services to victims | 17 | | or to the dependent children of victims of domestic violence | 18 | | pursuant to the Illinois Domestic Violence Act of 1986 or the | 19 | | Domestic Violence Shelters Act, or any place within 500 feet | 20 | | of such a building or other structure in the case of a person | 21 | | who is going to or from such a building or other structure. | 22 | | "Firearm" has the meaning provided under Section 1.1 of | 23 | | the Firearm Owners Identification Card Act, and does not | 24 | | include an air rifle as defined by Section 24.8-0.1 of this | 25 | | Code. | 26 | | "Machine gun" has the meaning ascribed to it in Section |
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| 1 | | 24-1 of this Code. | 2 | | "Merchant" has the meaning ascribed to it in Section | 3 | | 16-0.1 of this Code. | 4 | | "Strangle" means intentionally impeding the normal | 5 | | breathing or circulation of the blood of an individual by | 6 | | applying pressure on the throat or neck of that individual or | 7 | | by blocking the nose or mouth of that individual. | 8 | | (Source: P.A. 103-51, eff. 1-1-24 .) | 9 | | (720 ILCS 5/18-2) (from Ch. 38, par. 18-2) | 10 | | Sec. 18-2. Armed robbery. | 11 | | (a) A person commits armed robbery when he or she violates | 12 | | Section 18-1; and | 13 | | (1) he or she carries on or about his or her person or | 14 | | is otherwise armed with a dangerous weapon other than a | 15 | | firearm; or | 16 | | (2) he or she carries on or about his or her person or | 17 | | is otherwise armed with a firearm; or | 18 | | (3) he or she, during the commission of the offense, | 19 | | personally discharges a firearm; or | 20 | | (4) he or she, during the commission of the offense, | 21 | | personally discharges a firearm that proximately causes | 22 | | great bodily harm, permanent disability, permanent | 23 | | disfigurement, or death to another person. | 24 | | (b) Sentence. | 25 | | Armed robbery in violation of subsection (a)(1) is a Class |
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| 1 | | X felony. A violation of subsection (a)(2) is a Class X felony | 2 | | for which up to 15 years may shall be added to the term of | 3 | | imprisonment imposed by the court , if the person committed the | 4 | | offense while personally armed with a firearm, and while | 5 | | personally displaying the firearm . A violation of subsection | 6 | | (a)(3) is a Class X felony for which up to 20 years may shall | 7 | | be added to the term of imprisonment imposed by the court. A | 8 | | violation of subsection (a)(4) is a Class X felony for which up | 9 | | to 25 years may or up to a term of natural life shall be added | 10 | | to the term of imprisonment imposed by the court. | 11 | | (Source: P.A. 91-404, eff. 1-1-00 .) | 12 | | (720 ILCS 5/18-4) | 13 | | Sec. 18-4. Aggravated vehicular hijacking. | 14 | | (a) A person commits aggravated vehicular hijacking when | 15 | | he or she violates Section 18-3; and | 16 | | (1) the person from whose immediate presence the motor | 17 | | vehicle is taken is a person with a physical disability or | 18 | | a person 60 years of age or over; or | 19 | | (2) a person under 16 years of age is a passenger in | 20 | | the motor vehicle at the time of the offense; or | 21 | | (3) he or she carries on or about his or her person, or | 22 | | is otherwise armed with a dangerous weapon, other than a | 23 | | firearm; or | 24 | | (4) he or she carries on or about his or her person or | 25 | | is otherwise armed with a firearm; or |
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| 1 | | (5) he or she, during the commission of the offense, | 2 | | personally discharges a firearm; or | 3 | | (6) he or she, during the commission of the offense, | 4 | | personally discharges a firearm that proximately causes | 5 | | great bodily harm, permanent disability, permanent | 6 | | disfigurement, or death to another person. | 7 | | (b) Sentence. Aggravated vehicular hijacking in violation | 8 | | of subsections (a)(1) or (a)(2) is a Class X felony. A | 9 | | violation of subsection (a)(3) is a Class X felony for which a | 10 | | term of imprisonment of not less than 7 years shall be imposed. | 11 | | A violation of subsection (a)(4) is a Class X felony for which | 12 | | up to 15 years may shall be added to the term of imprisonment | 13 | | imposed by the court , if the person committed the offense | 14 | | while personally armed with a firearm, and while personally | 15 | | displaying the firearm . A violation of subsection (a)(5) is a | 16 | | Class X felony for which up to 20 years may shall be added to | 17 | | the term of imprisonment imposed by the court. A violation of | 18 | | subsection (a)(6) is a Class X felony for which up to 25 years | 19 | | may or up to a term of natural life shall be added to the term | 20 | | of imprisonment imposed by the court. | 21 | | (Source: P.A. 99-143, eff. 7-27-15.) | 22 | | (720 ILCS 5/19-6) (was 720 ILCS 5/12-11) | 23 | | Sec. 19-6. Home Invasion. | 24 | | (a) A person who is not a peace officer acting in the line | 25 | | of duty commits home invasion when without authority he or she |
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| 1 | | knowingly enters the dwelling place of another when he or she | 2 | | knows or has reason to know that one or more persons is present | 3 | | or he or she knowingly enters the dwelling place of another and | 4 | | remains in the dwelling place until he or she knows or has | 5 | | reason to know that one or more persons is present or who | 6 | | falsely represents himself or herself, including but not | 7 | | limited to, falsely representing himself or herself to be a | 8 | | representative of any unit of government or a construction, | 9 | | telecommunications, or utility company, for the purpose of | 10 | | gaining entry to the dwelling place of another when he or she | 11 | | knows or has reason to know that one or more persons are | 12 | | present and | 13 | | (1) While armed with a dangerous weapon, other than a | 14 | | firearm, uses force or threatens the imminent use of force | 15 | | upon any person or persons within the dwelling place | 16 | | whether or not injury occurs, or | 17 | | (2) Intentionally causes any injury, except as | 18 | | provided in subsection (a)(5), to any person or persons | 19 | | within the dwelling place, or | 20 | | (3) While armed with a firearm uses force or threatens | 21 | | the imminent use of force upon any person or persons | 22 | | within the dwelling place whether or not injury occurs, or | 23 | | (4) Uses force or threatens the imminent use of force | 24 | | upon any person or persons within the dwelling place | 25 | | whether or not injury occurs and during the commission of | 26 | | the offense personally discharges a firearm, or |
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| 1 | | (5) Personally discharges a firearm that proximately | 2 | | causes great bodily harm, permanent disability, permanent | 3 | | disfigurement, or death to another person within the | 4 | | dwelling place, or | 5 | | (6) Commits, against any person or persons within that | 6 | | dwelling place, a violation of Section 11-1.20, 11-1.30, | 7 | | 11-1.40, 11-1.50, or 11-1.60 of this Code. | 8 | | (b) It is an affirmative defense to a charge of home | 9 | | invasion that the accused who knowingly enters the dwelling | 10 | | place of another and remains in the dwelling place until he or | 11 | | she knows or has reason to know that one or more persons is | 12 | | present either immediately leaves the premises or surrenders | 13 | | to the person or persons lawfully present therein without | 14 | | either attempting to cause or causing serious bodily injury to | 15 | | any person present therein. | 16 | | (c) Sentence. Home invasion in violation of subsection | 17 | | (a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of | 18 | | subsection (a)(3) is a Class X felony for which up to 15 years | 19 | | may shall be added to the term of imprisonment imposed by the | 20 | | court , if the person committed the offense while personally | 21 | | armed with a firearm, and while personally displaying the | 22 | | firearm . A violation of subsection (a)(4) is a Class X felony | 23 | | for which up to 20 years may shall be added to the term of | 24 | | imprisonment imposed by the court. A violation of subsection | 25 | | (a)(5) is a Class X felony for which up to 25 years may or up | 26 | | to a term of natural life shall be added to the term of |
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| 1 | | imprisonment imposed by the court. | 2 | | (d) For purposes of this Section, "dwelling place of | 3 | | another" includes a dwelling place where the defendant | 4 | | maintains a tenancy interest but from which the defendant has | 5 | | been barred by a divorce decree, judgment of dissolution of | 6 | | marriage, order of protection, or other court order. | 7 | | (Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; | 8 | | 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) | 9 | | Section 10. The Unified Code of Corrections is amended by | 10 | | changing Section 5-8-1 as follows: | 11 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) | 12 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 13 | | use of a firearm; mandatory supervised release terms. | 14 | | (a) Except as otherwise provided in the statute defining | 15 | | the offense or in Article 4.5 of Chapter V, a sentence of | 16 | | imprisonment for a felony shall be a determinate sentence set | 17 | | by the court under this Section, subject to Section 5-4.5-115 | 18 | | of this Code, according to the following limitations: | 19 | | (1) for first degree murder, | 20 | | (a) (blank), | 21 | | (b) if a trier of fact finds beyond a reasonable | 22 | | doubt that the murder was accompanied by exceptionally | 23 | | brutal or heinous behavior indicative of wanton | 24 | | cruelty or, except as set forth in subsection |
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| 1 | | (a)(1)(c) of this Section, that any of the aggravating | 2 | | factors listed in subparagraph (b-5) are present, the | 3 | | court may sentence the defendant, subject to Section | 4 | | 5-4.5-105, to a term of natural life imprisonment, or | 5 | | (b-5) A defendant who at the time of the | 6 | | commission of the offense has attained the age of 18 or | 7 | | more and who has been found guilty of first degree | 8 | | murder may be sentenced to a term of natural life | 9 | | imprisonment if: | 10 | | (1) the murdered individual was an inmate at | 11 | | an institution or facility of the Department of | 12 | | Corrections, or any similar local correctional | 13 | | agency and was killed on the grounds thereof, or | 14 | | the murdered individual was otherwise present in | 15 | | such institution or facility with the knowledge | 16 | | and approval of the chief administrative officer | 17 | | thereof; | 18 | | (2) the murdered individual was killed as a | 19 | | result of the hijacking of an airplane, train, | 20 | | ship, bus, or other public conveyance; | 21 | | (3) the defendant committed the murder | 22 | | pursuant to a contract, agreement, or | 23 | | understanding by which he or she was to receive | 24 | | money or anything of value in return for | 25 | | committing the murder or procured another to | 26 | | commit the murder for money or anything of value; |
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| 1 | | (4) the murdered individual was killed in the | 2 | | course of another felony if: | 3 | | (A) the murdered individual: | 4 | | (i) was actually killed by the | 5 | | defendant, or | 6 | | (ii) received physical injuries | 7 | | personally inflicted by the defendant | 8 | | substantially contemporaneously with | 9 | | physical injuries caused by one or more | 10 | | persons for whose conduct the defendant is | 11 | | legally accountable under Section 5-2 of | 12 | | this Code, and the physical injuries | 13 | | inflicted by either the defendant or the | 14 | | other person or persons for whose conduct | 15 | | he is legally accountable caused the death | 16 | | of the murdered individual; and (B) in | 17 | | performing the acts which caused the death | 18 | | of the murdered individual or which | 19 | | resulted in physical injuries personally | 20 | | inflicted by the defendant on the murdered | 21 | | individual under the circumstances of | 22 | | subdivision (ii) of clause (A) of this | 23 | | clause (4), the defendant acted with the | 24 | | intent to kill the murdered individual or | 25 | | with the knowledge that his or her acts | 26 | | created a strong probability of death or |
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| 1 | | great bodily harm to the murdered | 2 | | individual or another; and | 3 | | (B) in performing the acts which caused | 4 | | the death of the murdered individual or which | 5 | | resulted in physical injuries personally | 6 | | inflicted by the defendant on the murdered | 7 | | individual under the circumstances of | 8 | | subdivision (ii) of clause (A) of this clause | 9 | | (4), the defendant acted with the intent to | 10 | | kill the murdered individual or with the | 11 | | knowledge that his or her acts created a | 12 | | strong probability of death or great bodily | 13 | | harm to the murdered individual or another; | 14 | | and | 15 | | (C) the other felony was an inherently | 16 | | violent crime or the attempt to commit an | 17 | | inherently violent crime. In this clause (C), | 18 | | "inherently violent crime" includes, but is | 19 | | not limited to, armed robbery, robbery, | 20 | | predatory criminal sexual assault of a child, | 21 | | aggravated criminal sexual assault, aggravated | 22 | | kidnapping, aggravated vehicular hijacking, | 23 | | aggravated arson, aggravated stalking, | 24 | | residential burglary, and home invasion; | 25 | | (5) the defendant committed the murder with | 26 | | intent to prevent the murdered individual from |
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| 1 | | testifying or participating in any criminal | 2 | | investigation or prosecution or giving material | 3 | | assistance to the State in any investigation or | 4 | | prosecution, either against the defendant or | 5 | | another; or the defendant committed the murder | 6 | | because the murdered individual was a witness in | 7 | | any prosecution or gave material assistance to the | 8 | | State in any investigation or prosecution, either | 9 | | against the defendant or another; for purposes of | 10 | | this clause (5), "participating in any criminal | 11 | | investigation or prosecution" is intended to | 12 | | include those appearing in the proceedings in any | 13 | | capacity such as trial judges, prosecutors, | 14 | | defense attorneys, investigators, witnesses, or | 15 | | jurors; | 16 | | (6) the defendant, while committing an offense | 17 | | punishable under Section 401, 401.1, 401.2, 405, | 18 | | 405.2, 407 or 407.1 or subsection (b) of Section | 19 | | 404 of the Illinois Controlled Substances Act, or | 20 | | while engaged in a conspiracy or solicitation to | 21 | | commit such offense, intentionally killed an | 22 | | individual or counseled, commanded, induced, | 23 | | procured or caused the intentional killing of the | 24 | | murdered individual; | 25 | | (7) the defendant was incarcerated in an | 26 | | institution or facility of the Department of |
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| 1 | | Corrections at the time of the murder, and while | 2 | | committing an offense punishable as a felony under | 3 | | Illinois law, or while engaged in a conspiracy or | 4 | | solicitation to commit such offense, intentionally | 5 | | killed an individual or counseled, commanded, | 6 | | induced, procured or caused the intentional | 7 | | killing of the murdered individual; | 8 | | (8) the murder was committed in a cold, | 9 | | calculated and premeditated manner pursuant to a | 10 | | preconceived plan, scheme or design to take a | 11 | | human life by unlawful means, and the conduct of | 12 | | the defendant created a reasonable expectation | 13 | | that the death of a human being would result | 14 | | therefrom; | 15 | | (9) the defendant was a principal | 16 | | administrator, organizer, or leader of a | 17 | | calculated criminal drug conspiracy consisting of | 18 | | a hierarchical position of authority superior to | 19 | | that of all other members of the conspiracy, and | 20 | | the defendant counseled, commanded, induced, | 21 | | procured, or caused the intentional killing of the | 22 | | murdered person; | 23 | | (10) the murder was intentional and involved | 24 | | the infliction of torture. For the purpose of this | 25 | | clause (10), torture means the infliction of or | 26 | | subjection to extreme physical pain, motivated by |
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| 1 | | an intent to increase or prolong the pain, | 2 | | suffering or agony of the victim; | 3 | | (11) the murder was committed as a result of | 4 | | the intentional discharge of a firearm by the | 5 | | defendant from a motor vehicle and the victim was | 6 | | not present within the motor vehicle; | 7 | | (12) the murdered individual was a person with | 8 | | a disability and the defendant knew or should have | 9 | | known that the murdered individual was a person | 10 | | with a disability. For purposes of this clause | 11 | | (12), "person with a disability" means a person | 12 | | who suffers from a permanent physical or mental | 13 | | impairment resulting from disease, an injury, a | 14 | | functional disorder, or a congenital condition | 15 | | that renders the person incapable of adequately | 16 | | providing for his or her own health or personal | 17 | | care; | 18 | | (13) the murdered individual was subject to an | 19 | | order of protection and the murder was committed | 20 | | by a person against whom the same order of | 21 | | protection was issued under the Illinois Domestic | 22 | | Violence Act of 1986; | 23 | | (14) the murdered individual was known by the | 24 | | defendant to be a teacher or other person employed | 25 | | in any school and the teacher or other employee is | 26 | | upon the grounds of a school or grounds adjacent |
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| 1 | | to a school, or is in any part of a building used | 2 | | for school purposes; | 3 | | (15) the murder was committed by the defendant | 4 | | in connection with or as a result of the offense of | 5 | | terrorism as defined in Section 29D-14.9 of this | 6 | | Code; | 7 | | (16) the murdered individual was a member of a | 8 | | congregation engaged in prayer or other religious | 9 | | activities at a church, synagogue, mosque, or | 10 | | other building, structure, or place used for | 11 | | religious worship; or | 12 | | (17)(i) the murdered individual was a | 13 | | physician, physician assistant, psychologist, | 14 | | nurse, or advanced practice registered nurse; | 15 | | (ii) the defendant knew or should have known | 16 | | that the murdered individual was a physician, | 17 | | physician assistant, psychologist, nurse, or | 18 | | advanced practice registered nurse; and | 19 | | (iii) the murdered individual was killed in | 20 | | the course of acting in his or her capacity as a | 21 | | physician, physician assistant, psychologist, | 22 | | nurse, or advanced practice registered nurse, or | 23 | | to prevent him or her from acting in that | 24 | | capacity, or in retaliation for his or her acting | 25 | | in that capacity. | 26 | | (c) the court shall sentence the defendant to a |
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| 1 | | term of natural life imprisonment if the defendant, at | 2 | | the time of the commission of the murder, had attained | 3 | | the age of 18, and: | 4 | | (i) has previously been convicted of first | 5 | | degree murder under any state or federal law, or | 6 | | (ii) is found guilty of murdering more than | 7 | | one victim, or | 8 | | (iii) is found guilty of murdering a peace | 9 | | officer, fireman, or emergency management worker | 10 | | when the peace officer, fireman, or emergency | 11 | | management worker was killed in the course of | 12 | | performing his official duties, or to prevent the | 13 | | peace officer or fireman from performing his | 14 | | official duties, or in retaliation for the peace | 15 | | officer, fireman, or emergency management worker | 16 | | from performing his official duties, and the | 17 | | defendant knew or should have known that the | 18 | | murdered individual was a peace officer, fireman, | 19 | | or emergency management worker, or | 20 | | (iv) is found guilty of murdering an employee | 21 | | of an institution or facility of the Department of | 22 | | Corrections, or any similar local correctional | 23 | | agency, when the employee was killed in the course | 24 | | of performing his official duties, or to prevent | 25 | | the employee from performing his official duties, | 26 | | or in retaliation for the employee performing his |
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| 1 | | official duties, or | 2 | | (v) is found guilty of murdering an emergency | 3 | | medical technician - ambulance, emergency medical | 4 | | technician - intermediate, emergency medical | 5 | | technician - paramedic, ambulance driver or other | 6 | | medical assistance or first aid person while | 7 | | employed by a municipality or other governmental | 8 | | unit when the person was killed in the course of | 9 | | performing official duties or to prevent the | 10 | | person from performing official duties or in | 11 | | retaliation for performing official duties and the | 12 | | defendant knew or should have known that the | 13 | | murdered individual was an emergency medical | 14 | | technician - ambulance, emergency medical | 15 | | technician - intermediate, emergency medical | 16 | | technician - paramedic, ambulance driver, or other | 17 | | medical assistant or first aid personnel, or | 18 | | (vi) (blank), or | 19 | | (vii) is found guilty of first degree murder | 20 | | and the murder was committed by reason of any | 21 | | person's activity as a community policing | 22 | | volunteer or to prevent any person from engaging | 23 | | in activity as a community policing volunteer. For | 24 | | the purpose of this Section, "community policing | 25 | | volunteer" has the meaning ascribed to it in | 26 | | Section 2-3.5 of the Criminal Code of 2012. |
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| 1 | | For purposes of clause (v), "emergency medical | 2 | | technician - ambulance", "emergency medical technician - | 3 | | intermediate", "emergency medical technician - | 4 | | paramedic", have the meanings ascribed to them in the | 5 | | Emergency Medical Services (EMS) Systems Act. | 6 | | (d)(i) if the person committed the offense while | 7 | | personally armed with a firearm, and while | 8 | | personally displaying the firearm, up to 15 years | 9 | | may shall be added to the term of imprisonment | 10 | | imposed by the court; | 11 | | (ii) if, during the commission of the offense, the | 12 | | person personally discharged a firearm, up to 20 years | 13 | | may shall be added to the term of imprisonment imposed | 14 | | by the court; | 15 | | (iii) if, during the commission of the offense, | 16 | | the person personally discharged a firearm that | 17 | | proximately caused great bodily harm, permanent | 18 | | disability, permanent disfigurement, or death to | 19 | | another person, up to 25 years may or up to a term of | 20 | | natural life shall be added to the term of | 21 | | imprisonment imposed by the court. | 22 | | (2) (blank); | 23 | | (2.5) for a person who has attained the age of 18 years | 24 | | at the time of the commission of the offense and who is | 25 | | convicted under the circumstances described in subdivision | 26 | | (b)(1)(B) of Section 11-1.20 or paragraph (3) of |
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| 1 | | subsection (b) of Section 12-13, subdivision (d)(2) of | 2 | | Section 11-1.30 or paragraph (2) of subsection (d) of | 3 | | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | 4 | | paragraph (1.2) of subsection (b) of Section 12-14.1, | 5 | | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | 6 | | subsection (b) of Section 12-14.1 of the Criminal Code of | 7 | | 1961 or the Criminal Code of 2012, the sentence shall be a | 8 | | term of natural life imprisonment. | 9 | | (b) (Blank). | 10 | | (c) (Blank). | 11 | | (d) Subject to earlier termination under Section 3-3-8, | 12 | | the parole or mandatory supervised release term shall be | 13 | | written as part of the sentencing order and shall be as | 14 | | follows: | 15 | | (1) for first degree murder or for the offenses of | 16 | | predatory criminal sexual assault of a child, aggravated | 17 | | criminal sexual assault, and criminal sexual assault if | 18 | | committed on or before December 12, 2005, 3 years; | 19 | | (1.5) except as provided in paragraph (7) of this | 20 | | subsection (d), for a Class X felony except for the | 21 | | offenses of predatory criminal sexual assault of a child, | 22 | | aggravated criminal sexual assault, and criminal sexual | 23 | | assault if committed on or after December 13, 2005 (the | 24 | | effective date of Public Act 94-715) and except for the | 25 | | offense of aggravated child pornography under Section | 26 | | 11-20.1B, 11-20.3, or 11-20.1 with sentencing under |
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| 1 | | subsection (c-5) of Section 11-20.1 of the Criminal Code | 2 | | of 1961 or the Criminal Code of 2012, if committed on or | 3 | | after January 1, 2009, 18 months; | 4 | | (2) except as provided in paragraph (7) of this | 5 | | subsection (d), for a Class 1 felony or a Class 2 felony | 6 | | except for the offense of criminal sexual assault if | 7 | | committed on or after December 13, 2005 (the effective | 8 | | date of Public Act 94-715) and except for the offenses of | 9 | | manufacture and dissemination of child pornography under | 10 | | clauses (a)(1) and (a)(2) of Section 11-20.1 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 12 | | committed on or after January 1, 2009, 12 months; | 13 | | (3) except as provided in paragraph (4), (6), or (7) | 14 | | of this subsection (d), for a Class 3 felony or a Class 4 | 15 | | felony, 6 months; no later than 45 days after the onset of | 16 | | the term of mandatory supervised release, the Prisoner | 17 | | Review Board shall conduct a discretionary discharge | 18 | | review pursuant to the provisions of Section 3-3-8, which | 19 | | shall include the results of a standardized risk and needs | 20 | | assessment tool administered by the Department of | 21 | | Corrections; the changes to this paragraph (3) made by | 22 | | this amendatory Act of the 102nd General Assembly apply to | 23 | | all individuals released on mandatory supervised release | 24 | | on or after the effective date of this amendatory Act of | 25 | | the 102nd General Assembly, including those individuals | 26 | | whose sentences were imposed prior to the effective date |
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| 1 | | of this amendatory Act of the 102nd General Assembly; | 2 | | (4) for defendants who commit the offense of predatory | 3 | | criminal sexual assault of a child, aggravated criminal | 4 | | sexual assault, or criminal sexual assault, on or after | 5 | | December 13, 2005 (the effective date of Public Act | 6 | | 94-715), or who commit the offense of aggravated child | 7 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 8 | | with sentencing under subsection (c-5) of Section 11-20.1 | 9 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 10 | | manufacture of child pornography, or dissemination of | 11 | | child pornography after January 1, 2009, the term of | 12 | | mandatory supervised release shall range from a minimum of | 13 | | 3 years to a maximum of the natural life of the defendant; | 14 | | (5) if the victim is under 18 years of age, for a | 15 | | second or subsequent offense of aggravated criminal sexual | 16 | | abuse or felony criminal sexual abuse, 4 years, at least | 17 | | the first 2 years of which the defendant shall serve in an | 18 | | electronic monitoring or home detention program under | 19 | | Article 8A of Chapter V of this Code; | 20 | | (6) for a felony domestic battery, aggravated domestic | 21 | | battery, stalking, aggravated stalking, and a felony | 22 | | violation of an order of protection, 4 years; | 23 | | (7) for any felony described in paragraph (a)(2)(ii), | 24 | | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | 25 | | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | 26 | | 3-6-3 of the Unified Code of Corrections requiring an |
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| 1 | | inmate to serve a minimum of 85% of their court-imposed | 2 | | sentence, except for the offenses of predatory criminal | 3 | | sexual assault of a child, aggravated criminal sexual | 4 | | assault, and criminal sexual assault if committed on or | 5 | | after December 13, 2005 (the effective date of Public Act | 6 | | 94-715) and except for the offense of aggravated child | 7 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 8 | | with sentencing under subsection (c-5) of Section 11-20.1 | 9 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 10 | | if committed on or after January 1, 2009 and except as | 11 | | provided in paragraph (4) or paragraph (6) of this | 12 | | subsection (d), the term of mandatory supervised release | 13 | | shall be as follows: | 14 | | (A) Class X felony, 3 years; | 15 | | (B) Class 1 or Class 2 felonies, 2 years; | 16 | | (C) Class 3 or Class 4 felonies, 1 year. | 17 | | (e) (Blank). | 18 | | (f) (Blank). | 19 | | (g) Notwithstanding any other provisions of this Act and | 20 | | of Public Act 101-652: (i) the provisions of paragraph (3) of | 21 | | subsection (d) are effective on July 1, 2022 and shall apply to | 22 | | all individuals convicted on or after the effective date of | 23 | | paragraph (3) of subsection (d); and (ii) the provisions of | 24 | | paragraphs (1.5) and (2) of subsection (d) are effective on | 25 | | July 1, 2021 and shall apply to all individuals convicted on or | 26 | | after the effective date of paragraphs (1.5) and (2) of |
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| 1 | | subsection (d). | 2 | | (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; | 3 | | 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff. | 4 | | 1-1-24 .)". |
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