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91_HB0031sam002
LRB9100380RCksam
1 AMENDMENT TO HOUSE BILL 31
2 AMENDMENT NO. . Amend HOUSE Bill 31, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 8-4, 9-1.2, 10-2, 12-4.3, 12-11, 12-14,
7 12-14.1, 18-2, 18-4, 33A-1, 33A-2, and adding Sections 2-3.6,
8 2-7.5, and 2-15.5 as follows:
9 (720 ILCS 5/2-3.6 new)
10 Sec. 2-3.6. "Armed with a firearm". Except as otherwise
11 provided in a specific Section, a person is considered "armed
12 with a firearm" when he or she carries on or about his or her
13 person or is otherwise armed with a firearm.
14 (720 ILCS 5/2-7.5 new)
15 Sec. 5/2-7.5 "Firearm". Except as otherwise provided in
16 a specific Section, "firearm" has the meaning ascribed to it
17 in Section 1.1 of the Firearm Owners Identification Card Act.
18
19 (720 ILCS 5/2-15.5 new)
20 Sec. 2-15.5. "Personally discharged a firearm". A
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1 person is considered to have "personally discharged a
2 firearm" when he or she, while armed with a firearm,
3 knowingly and intentionally fires a firearm causing the
4 ammunition projectile to be forcefully expelled from the
5 firearm.
6 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
7 Sec. 8-4. Attempt.
8 (a) Elements of the Offense.
9 A person commits an attempt when, with intent to commit a
10 specific offense, he does any act which constitutes a
11 substantial step toward the commission of that offense.
12 (b) Impossibility.
13 It shall not be a defense to a charge of attempt that
14 because of a misapprehension of the circumstances it would
15 have been impossible for the accused to commit the offense
16 attempted.
17 (c) Sentence.
18 A person convicted of an attempt may be fined or
19 imprisoned or both not to exceed the maximum provided for the
20 offense attempted but, except for an attempt to commit the
21 offense defined in Section 33A-2 of this Act,
22 (1) the sentence for attempt to commit first degree
23 murder is the sentence for a Class X felony, except that
24 (A) an attempt to commit first degree murder
25 when at least one of the aggravating factors
26 specified in paragraphs (1), (2) and (12) of
27 subsection (b) of Section 9-1 is present is a Class
28 X felony for which the sentence shall be a term of
29 imprisonment of not less than 20 years and not more
30 than 80 years;
31 (B) an attempt to commit first degree murder
32 while armed with a firearm is a Class X felony for
33 which 15 years shall be added to the term of
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1 imprisonment imposed by the court;
2 (C) an attempt to commit first degree murder
3 during which the person personally discharged a
4 firearm is a Class X felony for which 20 years shall
5 be added to the term of imprisonment imposed by the
6 court;
7 (D) an attempt to commit first degree murder
8 during which the person personally discharged a
9 firearm that proximately caused great bodily harm,
10 permanent disability, permanent disfigurement, or
11 death to another person, is a Class X felony for
12 which 25 years or up to a term of natural life shall
13 be added to the term of imprisonment imposed by the
14 court.
15 (2) the sentence for attempt to commit a Class X
16 felony is the sentence for a Class 1 felony;
17 (3) the sentence for attempt to commit a Class 1
18 felony is the sentence for a Class 2 felony;
19 (4) the sentence for attempt to commit a Class 2
20 felony is the sentence for a Class 3 felony; and
21 (5) the sentence for attempt to commit any felony
22 other than those specified in Subsections (1), (2), (3)
23 and (4) hereof is the sentence for a Class A misdemeanor.
24 (Source: P.A. 87-921; 88-680, eff. 1-1-95.)
25 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
26 Sec. 9-1.2. Intentional Homicide of an Unborn Child. (a)
27 A person commits the offense of intentional homicide of an
28 unborn child if, in performing acts which cause the death of
29 an unborn child, he without lawful justification:
30 (1) either intended to cause the death of or do great
31 bodily harm to the pregnant woman or her unborn child or knew
32 that such acts would cause death or great bodily harm to the
33 pregnant woman or her unborn child; or
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1 (2) he knew that his acts created a strong probability
2 of death or great bodily harm to the pregnant woman or her
3 unborn child; and
4 (3) he knew that the woman was pregnant.
5 (b) For purposes of this Section, (1) "unborn child"
6 shall mean any individual of the human species from
7 fertilization until birth, and (2) "person" shall not include
8 the pregnant woman whose unborn child is killed.
9 (c) This Section shall not apply to acts which cause the
10 death of an unborn child if those acts were committed during
11 any abortion, as defined in Section 2 of the Illinois
12 Abortion Law of 1975, as amended, to which the pregnant woman
13 has consented. This Section shall not apply to acts which
14 were committed pursuant to usual and customary standards of
15 medical practice during diagnostic testing or therapeutic
16 treatment.
17 (d) Penalty. The sentence for intentional homicide of
18 an unborn child shall be the same as for first degree murder,
19 except that:
20 (1) the death penalty may not be imposed;
21 (2) if the person committed the offense while armed
22 with a firearm, 15 years shall be added to the term of
23 imprisonment imposed by the court;
24 (3) if, during the commission of the offense, the
25 person personally discharged a firearm, 20 years shall be
26 added to the term of imprisonment imposed by the court;
27 (4) if, during the commission of the offense, the
28 person personally discharged a firearm that proximately
29 caused great bodily harm, permanent disability, permanent
30 disfigurement, or death to another person, 25 years or up
31 to a term of natural life shall be added to the term of
32 imprisonment imposed by the court.
33 (e) The provisions of this Act shall not be construed to
34 prohibit the prosecution of any person under any other
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1 provision of law.
2 (Source: P.A. 85-293.)
3 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
4 Sec. 10-2. Aggravated kidnaping.
5 (a) A kidnaper within the definition of paragraph (a) of
6 Section 10-1 is guilty of the offense of aggravated
7 kidnaping when he:
8 (1) Kidnaps for the purpose of obtaining ransom
9 from the person kidnaped or from any other person, or
10 (2) Takes as his victim a child under the age of 13
11 years, or an institutionalized severely or profoundly
12 mentally retarded person, or
13 (3) Inflicts great bodily harm, other than by the
14 discharge of a firearm, or commits another felony upon
15 his victim, or
16 (4) Wears a hood, robe or mask or conceals his
17 identity, or
18 (5) Commits the offense of kidnaping while armed
19 with a dangerous weapon, other than a firearm, as defined
20 in Section 33A-1 of the "Criminal Code of 1961", or
21 (6) Commits the offense of kidnaping while armed
22 with a firearm, or
23 (7) During the commission of the offense of
24 kidnaping, personally discharged a firearm, or
25 (8) During the commission of the offense of
26 kidnaping, personally discharged a firearm that
27 proximately caused great bodily harm, permanent
28 disability, permanent disfigurement, or death to another
29 person.
30 As used in this Section, "ransom" includes money, benefit
31 or other valuable thing or concession.
32 (b) Sentence. Aggravated kidnaping in violation of
33 paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
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1 Class X felony. A violation of subsection (a)(6) is a Class X
2 felony for which 15 years shall be added to the term of
3 imprisonment imposed by the court. A violation of subsection
4 (a)(7) is a Class X felony for which 20 years shall be added
5 to the term of imprisonment imposed by the court. A violation
6 of subsection (a)(8) is a Class X felony for which 25 years
7 or up to a term of natural life shall be added to the term of
8 imprisonment imposed by the court.
9 A person who is convicted of a second or subsequent
10 offense of aggravated kidnaping shall be sentenced to a term
11 of natural life imprisonment; provided, however, that a
12 sentence of natural life imprisonment shall not be imposed
13 under this Section unless the second or subsequent offense
14 was committed after conviction on the first offense.
15 (Source: P.A. 89-707, eff. 6-1-97.)
16 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
17 Sec. 12-4.3. Aggravated battery of a child.
18 (a) Any person of the age 18 years and upwards who
19 intentionally or knowingly, and without legal justification
20 and by any means, causes great bodily harm or permanent
21 disability or disfigurement to any child under the age of 13
22 years or to any institutionalized severely or profoundly
23 mentally retarded person, commits the offense of aggravated
24 battery of a child.
25 (b) Aggravated battery of a child is a Class X felony,
26 except that:
27 (1) if the person committed the offense while armed
28 with a firearm, 15 years shall be added to the term of
29 imprisonment imposed by the court;
30 (2) if, during the commission of the offense, the
31 person personally discharged a firearm, 20 years shall be
32 added to the term of imprisonment imposed by the court;
33 (3) if, during the commission of the offense, the
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1 person personally discharged a firearm that proximately
2 caused great bodily harm, permanent disability, permanent
3 disfigurement, or death to another person, 25 years or up
4 to a term of natural life shall be added to the term of
5 imprisonment imposed by the court.
6 (Source: P.A. 89-313, eff. 1-1-96.)
7 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
8 Sec. 12-11. Home Invasion.
9 (a) A person who is not a peace officer acting in the
10 line of duty commits home invasion when without authority he
11 or she knowingly enters the dwelling place of another when he
12 or she knows or has reason to know that one or more persons
13 is present or he or she knowingly enters the dwelling place
14 of another and remains in such dwelling place until he or she
15 knows or has reason to know that one or more persons is
16 present and
17 (1) While armed with a dangerous weapon, other than
18 a firearm, uses force or threatens the imminent use of
19 force upon any person or persons within such dwelling
20 place whether or not injury occurs, or
21 (2) Intentionally causes any injury, except as
22 provided in subsection (a)(5), to any person or persons
23 within such dwelling place, or
24 (3) While armed with a firearm uses force or
25 threatens the imminent use of force upon any person or
26 persons within such dwelling place whether or not injury
27 occurs, or
28 (4) Uses force or threatens the imminent use of
29 force upon any person or persons within such dwelling
30 place whether or not injury occurs and during the
31 commission of the offense personally discharges a
32 firearm, or
33 (5) Personally discharges a firearm that
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1 proximately causes great bodily harm, permanent
2 disability, permanent disfigurement, or death to another
3 person within such dwelling place.
4 (b) It is an affirmative defense to a charge of home
5 invasion that the accused who knowingly enters the dwelling
6 place of another and remains in such dwelling place until he
7 or she knows or has reason to know that one or more persons
8 is present either immediately leaves such premises or
9 surrenders to the person or persons lawfully present therein
10 without either attempting to cause or causing serious bodily
11 injury to any person present therein.
12 (c) Sentence. Home invasion in violation of subsection
13 (a)(1) or (a)(2) is a Class X felony. A violation of
14 subsection (a)(3) is a Class X felony for which 15 years
15 shall be added to the term of imprisonment imposed by the
16 court. A violation of subsection (a)(4) is a Class X felony
17 for which 20 years shall be added to the term of imprisonment
18 imposed by the court. A violation of subsection (a)(5) is a
19 Class X felony for which 25 years or up to a term of natural
20 life shall be added to the term of imprisonment imposed by
21 the court.
22 (d) For purposes of this Section, "dwelling place of
23 another" includes a dwelling place where the defendant
24 maintains a tenancy interest but from which the defendant has
25 been barred by a divorce decree, judgment of dissolution of
26 marriage, order of protection, or other court order.
27 (Source: P.A. 90-787, eff. 8-14-98.)
28 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
29 Sec. 12-14. Aggravated Criminal Sexual Assault.
30 (a) The accused commits aggravated criminal sexual
31 assault if he or she commits criminal sexual assault and any
32 of the following aggravating circumstances existed during, or
33 for the purposes of paragraph (7) of this subsection (a) as
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1 part of the same course of conduct as, the commission of the
2 offense:
3 (1) the accused displayed, threatened to use, or
4 used a dangerous weapon, other than a firearm, or any
5 object fashioned or utilized in such a manner as to lead
6 the victim under the circumstances reasonably to believe
7 it to be a dangerous weapon; or
8 (2) the accused caused bodily harm, except as
9 provided in subsection (a)(10), to the victim; or
10 (3) the accused acted in such a manner as to
11 threaten or endanger the life of the victim or any other
12 person; or
13 (4) the criminal sexual assault was perpetrated
14 during the course of the commission or attempted
15 commission of any other felony by the accused; or
16 (5) the victim was 60 years of age or over when the
17 offense was committed; or
18 (6) the victim was a physically handicapped person;
19 or
20 (7) the accused delivered (by injection,
21 inhalation, ingestion, transfer of possession, or any
22 other means) to the victim without his or her consent, or
23 by threat or deception, and for other than medical
24 purposes, any controlled substance; or.
25 (8) the accused was armed with a firearm; or
26 (9) the accused personally discharged a firearm
27 during the commission of the offense; or
28 (10) the accused, during the commission of the
29 offense, personally discharged a firearm that proximately
30 caused great bodily harm, permanent disability, permanent
31 disfigurement, or death to another person.
32 (b) The accused commits aggravated criminal sexual
33 assault if the accused was under 17 years of age and (i)
34 commits an act of sexual penetration with a victim who was
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1 under 9 years of age when the act was committed; or (ii)
2 commits an act of sexual penetration with a victim who was at
3 least 9 years of age but under 13 years of age when the act
4 was committed and the accused used force or threat of force
5 to commit the act.
6 (c) The accused commits aggravated criminal sexual
7 assault if he or she commits an act of sexual penetration
8 with a victim who was an institutionalized severely or
9 profoundly mentally retarded person at the time the act was
10 committed.
11 (d) Sentence.
12 (1) Aggravated criminal sexual assault in violation
13 of paragraph (1), (2), (3), (4), (5), (6), or (7) of
14 subsection (a) is a Class X felony. A violation of
15 subsection (a)(8) is a Class X felony for which 15 years
16 shall be added to the term of imprisonment imposed by the
17 court. A violation of subsection (a)(9) is a Class X
18 felony for which 20 years shall be added to the term of
19 imprisonment imposed by the court. A violation of
20 subsection (a)(10) is a Class X felony for which 25 years
21 or up to a term of natural life imprisonment shall be
22 added to the term of imprisonment imposed by the court.
23 (2) A person who is convicted of a second or
24 subsequent offense of aggravated criminal sexual assault,
25 or who is convicted of the offense of aggravated criminal
26 sexual assault after having previously been convicted of
27 the offense of criminal sexual assault or the offense of
28 predatory criminal sexual assault of a child, or who is
29 convicted of the offense of aggravated criminal sexual
30 assault after having previously been convicted under the
31 laws of this or any other state of an offense that is
32 substantially equivalent to the offense of criminal
33 sexual assault, the offense of aggravated criminal sexual
34 assault or the offense of predatory criminal sexual
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1 assault of a child, shall be sentenced to a term of
2 natural life imprisonment. The commission of the second
3 or subsequent offense is required to have been after the
4 initial conviction for this paragraph (2) to apply.
5 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
6 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
7 (720 ILCS 5/12-14.1)
8 Sec. 12-14.1. Predatory criminal sexual assault of a
9 child.
10 (a) The accused commits predatory criminal sexual
11 assault of a child if:
12 (1) the accused was 17 years of age or over and
13 commits an act of sexual penetration with a victim who
14 was under 13 years of age when the act was committed; or
15 (1.1) the accused was 17 years of age or over and,
16 while armed with a firearm, commits an act of sexual
17 penetration with a victim who was under 13 years of age
18 when the act was committed; or
19 (1.2) the accused was 17 years of age or over and
20 commits an act of sexual penetration with a victim who
21 was under 13 years of age when the act was committed and,
22 during the commission of the offense, the accused
23 personally discharged a firearm; or
24 (2) the accused was 17 years of age or over and
25 commits an act of sexual penetration with a victim who
26 was under 13 years of age when the act was committed and
27 the accused caused great bodily harm to the victim that:
28 (A) resulted in permanent disability; or
29 (B) was life threatening; or
30 (3) the accused was 17 years of age or over and
31 commits an act of sexual penetration with a victim who
32 was under 13 years of age when the act was committed and
33 the accused delivered (by injection, inhalation,
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1 ingestion, transfer of possession, or any other means) to
2 the victim without his or her consent, or by threat or
3 deception, and for other than medical purposes, any
4 controlled substance.
5 (b) Sentence.
6 (1) A person convicted of a violation of subsection
7 (a)(1) commits a Class X felony. A person convicted of a
8 violation of subsection (a)(1.1) commits a Class X felony
9 for which 15 years shall be added to the term of
10 imprisonment imposed by the court. A person convicted of
11 a violation of subsection (a)(1.2) commits a Class X
12 felony for which 20 years shall be added to the term of
13 imprisonment imposed by the court. A person convicted of
14 a violation of subsection (a)(2) commits a Class X felony
15 for which the person shall be sentenced to a term of
16 imprisonment of not less than 50 years or up to a term of
17 natural life imprisonment. A person convicted of a
18 violation of subsection (a)(2) or (a) (3) commits a Class
19 X felony for which the person shall be sentenced to a
20 term of imprisonment of not less than 50 years and not
21 more than 60 years.
22 (2) A person who is convicted of a second or
23 subsequent offense of predatory criminal sexual assault
24 of a child, or who is convicted of the offense of
25 predatory criminal sexual assault of a child after having
26 previously been convicted of the offense of criminal
27 sexual assault or the offense of aggravated criminal
28 sexual assault, or who is convicted of the offense of
29 predatory criminal sexual assault of a child after having
30 previously been convicted under the laws of this State or
31 any other state of an offense that is substantially
32 equivalent to the offense of predatory criminal sexual
33 assault of a child, the offense of aggravated criminal
34 sexual assault or the offense of criminal sexual assault,
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1 shall be sentenced to a term of natural life
2 imprisonment. The commission of the second or subsequent
3 offense is required to have been after the initial
4 conviction for this paragraph (2) to apply.
5 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
6 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
7 (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
8 Sec. 18-2. Armed robbery.
9 (a) A person commits armed robbery when he or she
10 violates Section 18-1; and
11 (1) while he or she carries on or about his or her
12 person, or is otherwise armed with a dangerous weapon
13 other than a firearm; or
14 (2) he or she carries on or about his or her person
15 or is otherwise armed with a firearm; or
16 (3) he or she, during the commission of the
17 offense, personally discharges a firearm; or
18 (4) he or she, during the commission of the
19 offense, personally discharges a firearm that proximately
20 causes great bodily harm, permanent disability, permanent
21 disfigurement, or death to another person.
22 (b) Sentence.
23 Armed robbery in violation of subsection (a)(1) is a
24 Class X felony. A violation of subsection (a)(2) is a Class X
25 felony for which 15 years shall be added to the term of
26 imprisonment imposed by the court. A violation of subsection
27 (a)(3) is a Class X felony for which 20 years shall be added
28 to the term of imprisonment imposed by the court. A violation
29 of subsection (a)(4) is a Class X felony for which 25 years
30 or up to a term of natural life shall be added to the term of
31 imprisonment imposed by the court.
32 (Source: P.A. 80-1099.)
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1 (720 ILCS 5/18-4)
2 Sec. 18-4. Aggravated vehicular hijacking.
3 (a) A person commits aggravated vehicular hijacking when
4 he or she violates Section 18-3; and
5 (1) the person from whose immediate presence the
6 motor vehicle is taken is a physically handicapped person
7 or a person 60 years of age or over; or
8 (2) a person under 16 years of age is a passenger
9 in the motor vehicle at the time of the offense; or
10 (3) he or she carries on or about his or her
11 person, or is otherwise armed with a dangerous weapon,
12 other than a firearm; or
13 (4) he or she carries on or about his or her person
14 or is otherwise armed with a firearm; or
15 (5) he or she, during the commission of the
16 offense, personally discharges a firearm; or
17 (6) he or she, during the commission of the
18 offense, personally discharges a firearm that proximately
19 causes great bodily harm, permanent disability, permanent
20 disfigurement, or death to another person.
21 (b) Sentence. Aggravated vehicular hijacking in
22 violation of subsections (a)(1) or (a)(2) is a Class X
23 felony. Aggravated vehicular hijacking in violation of
24 subsection (a)(3) is a Class X felony for which a term of
25 imprisonment of not less than 7 years shall be imposed.
26 Aggravated vehicular hijacking in violation of subsection
27 (a)(4) is a Class X felony for which 15 years shall be added
28 to the term of imprisonment imposed by the court. Aggravated
29 vehicular hijacking in violation of subsection (a)(5) is a
30 Class X felony for which 20 years shall be added to the term
31 of imprisonment imposed by the court. Aggravated vehicular
32 hijacking in violation of subsection (a)(6) is a Class X
33 felony for which 25 years or up to a term of natural life
34 shall be added to the term of imprisonment imposed by the
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1 court.
2 (Source: P.A. 88-351.)
3 (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
4 Sec. 33A-1. Legislative intent and definitions.
5 (a) Legislative findings. The legislature finds and
6 declares the following:
7 (1) The use of a dangerous weapon in the commission
8 of a felony offense poses a much greater threat to the
9 public health, safety, and general welfare, then when a
10 weapon is not used in the commission of the offense.
11 (2) Further, the use of a firearm greatly
12 facilitates the commission of a criminal offense because
13 of the more lethal nature of a firearm and the greater
14 perceived threat produced in those confronted by a person
15 wielding a firearm. Unlike other dangerous weapons such
16 as knives and clubs, the use of a firearm in the
17 commission of a criminal felony offense significantly
18 escalates the threat and the potential for bodily harm,
19 and the greater range of the firearm increases the
20 potential for harm to more persons. Not only are the
21 victims and bystanders at greater risk when a firearm is
22 used, but also the law enforcement officers whose duty
23 is to confront and apprehend the armed suspect.
24 (3) Current law does contain offenses involving the
25 use or discharge of a gun toward or against a person,
26 such as aggravated battery with a firearm, aggravated
27 discharge of a firearm, and reckless discharge of a
28 firearm; however, the General Assembly has legislated
29 greater penalties for the commission of a felony while in
30 possession of a firearm because it deems such acts as
31 more serious.
32 (b) Legislative intent.
33 (1) In order to deter the use of firearms in the
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1 commission of a felony offense, the General Assembly
2 deems it appropriate for a greater penalty to be imposed
3 when a firearm is used or discharged in the commission of
4 an offense than the penalty imposed for using other types
5 of weapons and for the penalty to increase on more
6 serious offenses.
7 (2) With the additional elements of the discharge
8 of a firearm and great bodily harm inflicted by a firearm
9 being added to armed violence and other serious felony
10 offenses, it is the intent of the General Assembly to
11 punish those elements more severely during commission of
12 a felony offense than when those elements stand alone as
13 the act of the offender.
14 (3) It is the intent of the 91st General Assembly
15 that should Public Act 88-680 be declared
16 unconstitutional for a violation of Article 4, Section 8
17 of the 1970 Constitution of the State of Illinois, the
18 amendatory changes made by Public Act 88-680 to Article
19 33A of the Criminal Code of 1961 and which are set forth
20 as law in this amendatory Act of the 91st General
21 Assembly are hereby reenacted by this amendatory Act of
22 the 91st General Assembly.
23 (c) Definitions.
24 (1) (a) "Armed with a dangerous weapon". A person
25 is considered armed with a dangerous weapon for purposes
26 of this Article, when he or she carries on or about his
27 or her person or is otherwise armed with a Category I,
28 Category II, or Category III weapon.
29 (2) (b) A Category I weapon is a handgun, sawed-off
30 shotgun, sawed-off rifle, any other firearm small enough
31 to be concealed upon the person, semiautomatic firearm,
32 or machine gun. A Category II weapon is any other rifle,
33 shotgun, spring gun, other firearm, stun gun or taser as
34 defined in paragraph (a) of Section 24-1 of this Code,
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1 knife with a blade of at least 3 inches in length,
2 dagger, dirk, switchblade knife, stiletto, axe, hatchet,
3 or other deadly or dangerous weapon or instrument of like
4 character. As used in this subsection (b) "semiautomatic
5 firearm" means a repeating firearm that utilizes a
6 portion of the energy of a firing cartridge to extract
7 the fired cartridge case and chamber the next round and
8 that requires a separate pull of the trigger to fire each
9 cartridge.
10 t (3) (c) A Category III weapon is a bludgeon,
11 black-jack, slungshot, sand-bag, sand-club, metal
12 knuckles, billy, or other dangerous weapon of like
13 character.
14 (Source: P.A. 88-680, eff. 1-1-95.)
15 (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
16 Sec. 33A-2. Armed violence-Elements of the offense.
17 (a) A person commits armed violence when, while armed
18 with a dangerous weapon, he commits any felony defined by
19 Illinois Law, except first degree murder, attempted first
20 degree murder, intentional homicide of an unborn child,
21 predatory criminal sexual assault of a child, aggravated
22 criminal sexual assault, aggravated kidnaping, aggravated
23 battery of a child, home invasion, armed robbery, or
24 aggravated vehicular hijacking.
25 (b) A person commits armed violence when he or she
26 personally discharges a firearm that is a Category I or
27 Category II weapon while committing any felony defined by
28 Illinois law, except first degree murder, attempted first
29 degree murder, intentional homicide of an unborn child,
30 predatory criminal sexual assault of a child, aggravated
31 criminal sexual assault, aggravated kidnaping, aggravated
32 battery of a child, home invasion, armed robbery, or
33 aggravated vehicular hijacking.
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1 (c) A person commits armed violence when he or she
2 personally discharges a firearm that is a Category I or
3 Category II weapon that proximately causes great bodily harm,
4 permanent disability, or permanent disfigurement or death to
5 another person while committing any felony defined by
6 Illinois law, except first degree murder, attempted first
7 degree murder, intentional homicide of an unborn child,
8 predatory criminal sexual assault of a child, aggravated
9 criminal sexual assault, aggravated kidnaping, aggravated
10 battery of a child, home invasion, armed robbery, or
11 aggravated vehicular hijacking.
12 (d) This Section does not apply to violations of the
13 Fish and Aquatic Life Code or the Wildlife Code.
14 (Source: P.A. 80-1099.)
15 (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
16 Sec. 33A-3. Sentence.
17 (a) Violation of Section 33A-2(a) 33A-2 with a Category
18 I weapon is a Class X felony for which the defendant shall be
19 sentenced to a minimum term of imprisonment of 15 years.
20 (a-5) Violation of Section 33A-2(a) 33A-2 with a
21 Category II weapon is a Class X felony for which the
22 defendant shall be sentenced to a minimum term of
23 imprisonment of 10 years.
24 (b) Violation of Section 33A-2(a) 33A-2 with a Category
25 III weapon is a Class 2 felony or the felony classification
26 provided for the same act while unarmed, whichever permits
27 the greater penalty. A second or subsequent violation of
28 Section 33A-2(a) 33A-2 with a Category III weapon is a Class
29 1 felony or the felony classification provided for the same
30 act while unarmed, whichever permits the greater penalty.
31 (b-5) Violation of Section 33A-2(b) with a firearm that
32 is a Category I or Category II weapon is a Class X felony for
33 which the defendant shall be sentenced to a minimum term of
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1 imprisonment of 20 years.
2 (b-10) Violation of Section 33A-2(c) with a firearm that
3 is a Category I or Category II weapon is a Class X felony for
4 which the defendant shall be sentenced to a term of
5 imprisonment of not less than 25 years nor more than 40
6 years.
7 (c) Unless sentencing under Section 33B-1 is applicable,
8 any person who violates subsection (a) or (b) of Section
9 33A-2 with a firearm, when that person has been convicted in
10 any state or federal court of 3 or more of the following
11 offenses: treason, first degree murder, second degree murder,
12 predatory criminal sexual assault of a child, aggravated
13 criminal sexual assault, criminal sexual assault, robbery,
14 burglary, arson, kidnaping, aggravated battery resulting in
15 great bodily harm or permanent disability or disfigurement,
16 or a violation of Section 401(a) of the Illinois Controlled
17 Substances Act, when the third offense was committed after
18 conviction on the second, the second offense was committed
19 after conviction on the first, and the violation of Section
20 33A-2 was committed after conviction on the third, shall be
21 sentenced to a term of imprisonment of not less than 25 years
22 nor more than 50 years.
23 (c-5) Except as otherwise provided in paragraph (b-10)
24 or (c) of this Section, a person who violates Section
25 33A-2(a) with a firearm that is a Category I weapon or
26 Section 33A-2(b) in any school, in any conveyance owned,
27 leased, or contracted by a school to transport students to or
28 from school or a school related activity, or on the real
29 property comprising any school or public park, and where the
30 offense was related to the activities of an organized gang,
31 shall be sentenced to a term of imprisonment of not less than
32 the term set forth in subsection (a) or (b-5) of this
33 Section, whichever is applicable, and not more than 30 years.
34 For the purposes of this subsection (c-5), "organized gang"
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1 has the meaning ascribed to it in Section 10 of the Illinois
2 Streetgang Terrorism Omnibus Prevention Act.
3 (d) For armed violence based upon a predicate offense
4 listed in this subsection (d) the court shall enter the
5 sentence for armed violence to run consecutively to the
6 sentence imposed for the predicate offense. The offenses
7 covered by this provision are:
8 (i) solicitation of murder,
9 (ii) solicitation of murder for hire,
10 (iii) heinous battery,
11 (iv) aggravated battery of a senior citizen,
12 (v) criminal sexual assault,
13 (vi) a violation of subsection (g) of Section 5 of
14 the Cannabis Control Act,
15 (vii) cannabis trafficking,
16 (viii) a violation of subsection (a) of Section 401
17 of the Illinois Controlled Substances Act,
18 (ix) controlled substance trafficking involving a
19 Class X felony amount of controlled substance under
20 Section 401 of the Illinois Controlled Substances Act,
21 (x) calculated criminal drug conspiracy, or
22 (xi) streetgang criminal drug conspiracy.
23 (Source: P.A. 88-467; 88-680, eff. 1-1-95; 89-428, eff.
24 12-13-95; 89-462, eff. 5-29-96.)
25 Section 10. The Unified Code of Corrections is amended
26 by changing Sections 5-5-3, 5-8-1, 5-8-4 as follows:
27 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
28 Sec. 5-5-3. Disposition.
29 (a) Every person convicted of an offense shall be
30 sentenced as provided in this Section.
31 (b) The following options shall be appropriate
32 dispositions, alone or in combination, for all felonies and
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1 misdemeanors other than those identified in subsection (c) of
2 this Section:
3 (1) A period of probation.
4 (2) A term of periodic imprisonment.
5 (3) A term of conditional discharge.
6 (4) A term of imprisonment.
7 (5) An order directing the offender to clean up and
8 repair the damage, if the offender was convicted under
9 paragraph (h) of Section 21-1 of the Criminal Code of
10 1961.
11 (6) A fine.
12 (7) An order directing the offender to make
13 restitution to the victim under Section 5-5-6 of this
14 Code.
15 (8) A sentence of participation in a county impact
16 incarceration program under Section 5-8-1.2 of this Code.
17 Whenever an individual is sentenced for an offense based
18 upon an arrest for a violation of Section 11-501 of the
19 Illinois Vehicle Code, or a similar provision of a local
20 ordinance, and the professional evaluation recommends
21 remedial or rehabilitative treatment or education, neither
22 the treatment nor the education shall be the sole disposition
23 and either or both may be imposed only in conjunction with
24 another disposition. The court shall monitor compliance with
25 any remedial education or treatment recommendations contained
26 in the professional evaluation. Programs conducting alcohol
27 or other drug evaluation or remedial education must be
28 licensed by the Department of Human Services. However, if
29 the individual is not a resident of Illinois, the court may
30 accept an alcohol or other drug evaluation or remedial
31 education program in the state of such individual's
32 residence. Programs providing treatment must be licensed
33 under existing applicable alcoholism and drug treatment
34 licensure standards.
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1 In addition to any other fine or penalty required by law,
2 any individual convicted of a violation of Section 11-501 of
3 the Illinois Vehicle Code or a similar provision of local
4 ordinance, whose operation of a motor vehicle while in
5 violation of Section 11-501 or such ordinance proximately
6 caused an incident resulting in an appropriate emergency
7 response, shall be required to make restitution to a public
8 agency for the costs of that emergency response. Such
9 restitution shall not exceed $500 per public agency for each
10 such emergency response. For the purpose of this paragraph,
11 emergency response shall mean any incident requiring a
12 response by: a police officer as defined under Section 1-162
13 of the Illinois Vehicle Code; a fireman carried on the rolls
14 of a regularly constituted fire department; and an ambulance
15 as defined under Section 4.05 of the Emergency Medical
16 Services (EMS) Systems Act.
17 Neither a fine nor restitution shall be the sole
18 disposition for a felony and either or both may be imposed
19 only in conjunction with another disposition.
20 (c) (1) When a defendant is found guilty of first degree
21 murder the State may either seek a sentence of
22 imprisonment under Section 5-8-1 of this Code, or where
23 appropriate seek a sentence of death under Section 9-1 of
24 the Criminal Code of 1961.
25 (2) A period of probation, a term of periodic
26 imprisonment or conditional discharge shall not be
27 imposed for the following offenses. The court shall
28 sentence the offender to not less than the minimum term
29 of imprisonment set forth in this Code for the following
30 offenses, and may order a fine or restitution or both in
31 conjunction with such term of imprisonment:
32 (A) First degree murder where the death
33 penalty is not imposed.
34 (B) Attempted first degree murder.
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1 (C) A Class X felony.
2 (D) A violation of Section 401.1 or 407 of the
3 Illinois Controlled Substances Act, or a violation
4 of subdivision (c)(2) of Section 401 of that Act
5 which relates to more than 5 grams of a substance
6 containing cocaine or an analog thereof.
7 (E) A violation of Section 5.1 or 9 of the
8 Cannabis Control Act.
9 (F) A Class 2 or greater felony if the
10 offender had been convicted of a Class 2 or greater
11 felony within 10 years of the date on which he
12 committed the offense for which he is being
13 sentenced.
14 (G) Residential burglary.
15 (H) Criminal sexual assault, except as
16 otherwise provided in subsection (e) of this
17 Section.
18 (I) Aggravated battery of a senior citizen.
19 (J) A forcible felony if the offense was
20 related to the activities of an organized gang.
21 Before July 1, 1994, for the purposes of this
22 paragraph, "organized gang" means an association of
23 5 or more persons, with an established hierarchy,
24 that encourages members of the association to
25 perpetrate crimes or provides support to the members
26 of the association who do commit crimes.
27 Beginning July 1, 1994, for the purposes of
28 this paragraph, "organized gang" has the meaning
29 ascribed to it in Section 10 of the Illinois
30 Streetgang Terrorism Omnibus Prevention Act.
31 (K) Vehicular hijacking.
32 (L) A second or subsequent conviction for the
33 offense of hate crime when the underlying offense
34 upon which the hate crime is based is felony
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1 aggravated assault or felony mob action.
2 (M) A second or subsequent conviction for the
3 offense of institutional vandalism if the damage to
4 the property exceeds $300.
5 (N) A Class 3 felony violation of paragraph
6 (1) of subsection (a) of Section 2 of the Firearm
7 Owners Identification Card Act.
8 (O) A violation of Section 12-6.1 of the
9 Criminal Code of 1961.
10 (P) A violation of paragraph (1), (2), (3),
11 (4), (5), or (7) of subsection (a) of Section
12 11-20.1 of the Criminal Code of 1961.
13 (Q) A violation of Section 20-1.2 of the
14 Criminal Code of 1961.
15 (R) (Q) A violation of Section 24-3A of the
16 Criminal Code of 1961.
17 (3) A minimum term of imprisonment of not less than
18 48 consecutive hours or 100 hours of community service as
19 may be determined by the court shall be imposed for a
20 second or subsequent violation committed within 5 years
21 of a previous violation of Section 11-501 of the Illinois
22 Vehicle Code or a similar provision of a local ordinance.
23 (4) A minimum term of imprisonment of not less than
24 7 consecutive days or 30 days of community service shall
25 be imposed for a violation of paragraph (c) of Section
26 6-303 of the Illinois Vehicle Code.
27 (4.1) A minimum term of 30 consecutive days of
28 imprisonment, 40 days of 24 hour periodic imprisonment or
29 720 hours of community service, as may be determined by
30 the court, shall be imposed for a violation of Section
31 11-501 of the Illinois Vehicle Code during a period in
32 which the defendant's driving privileges are revoked or
33 suspended, where the revocation or suspension was for a
34 violation of Section 11-501 or Section 11-501.1 of that
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1 Code.
2 (5) The court may sentence an offender convicted of
3 a business offense or a petty offense or a corporation or
4 unincorporated association convicted of any offense to:
5 (A) a period of conditional discharge;
6 (B) a fine;
7 (C) make restitution to the victim under
8 Section 5-5-6 of this Code.
9 (6) In no case shall an offender be eligible for a
10 disposition of probation or conditional discharge for a
11 Class 1 felony committed while he was serving a term of
12 probation or conditional discharge for a felony.
13 (7) When a defendant is adjudged a habitual
14 criminal under Article 33B of the Criminal Code of 1961,
15 the court shall sentence the defendant to a term of
16 natural life imprisonment.
17 (8) When a defendant, over the age of 21 years, is
18 convicted of a Class 1 or Class 2 felony, after having
19 twice been convicted of any Class 2 or greater Class
20 felonies in Illinois, and such charges are separately
21 brought and tried and arise out of different series of
22 acts, such defendant shall be sentenced as a Class X
23 offender. This paragraph shall not apply unless (1) the
24 first felony was committed after the effective date of
25 this amendatory Act of 1977; and (2) the second felony
26 was committed after conviction on the first; and (3) the
27 third felony was committed after conviction on the
28 second.
29 (9) A defendant convicted of a second or subsequent
30 offense of ritualized abuse of a child may be sentenced
31 to a term of natural life imprisonment.
32 (10) Beginning July 1, 1994, unless sentencing
33 under Section 33B-1 is applicable, a term of imprisonment
34 of not less than 15 years nor more than 50 years shall be
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1 imposed on a defendant who violates Section 33A-2 of the
2 Criminal Code of 1961 with a firearm, when that person
3 has been convicted in any state or federal court of 3 or
4 more of the following offenses: treason, first degree
5 murder, second degree murder, aggravated criminal sexual
6 assault, criminal sexual assault, robbery, burglary,
7 arson, kidnaping, aggravated battery resulting in great
8 bodily harm or permanent disability or disfigurement, or
9 a violation of Section 401(a) of the Illinois Controlled
10 Substances Act, when the third offense was committed
11 after conviction on the second, the second offense was
12 committed after conviction on the first, and the
13 violation of Section 33A-2 of the Criminal Code of 1961
14 was committed after conviction on the third.
15 (11) Beginning July 1, 1994, a term of imprisonment
16 of not less than 10 years and not more than 30 years
17 shall be imposed on a defendant who violates Section
18 33A-2 with a Category I weapon where the offense was
19 committed in any school, or any conveyance owned, leased,
20 or contracted by a school to transport students to or
21 from school or a school related activity, on the real
22 property comprising any school or public park, and where
23 the offense was related to the activities of an organized
24 gang. For the purposes of this paragraph (11),
25 "organized gang" has the meaning ascribed to it in
26 Section 10 of the Illinois Streetgang Terrorism Omnibus
27 Prevention Act.
28 (d) In any case in which a sentence originally imposed
29 is vacated, the case shall be remanded to the trial court.
30 The trial court shall hold a hearing under Section 5-4-1 of
31 the Unified Code of Corrections which may include evidence of
32 the defendant's life, moral character and occupation during
33 the time since the original sentence was passed. The trial
34 court shall then impose sentence upon the defendant. The
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1 trial court may impose any sentence which could have been
2 imposed at the original trial subject to Section 5-5-4 of the
3 Unified Code of Corrections.
4 (e) In cases where prosecution for criminal sexual
5 assault or aggravated criminal sexual abuse under Section
6 12-13 or 12-16 of the Criminal Code of 1961 results in
7 conviction of a defendant who was a family member of the
8 victim at the time of the commission of the offense, the
9 court shall consider the safety and welfare of the victim and
10 may impose a sentence of probation only where:
11 (1) the court finds (A) or (B) or both are
12 appropriate:
13 (A) the defendant is willing to undergo a
14 court approved counseling program for a minimum
15 duration of 2 years; or
16 (B) the defendant is willing to participate in
17 a court approved plan including but not limited to
18 the defendant's:
19 (i) removal from the household;
20 (ii) restricted contact with the victim;
21 (iii) continued financial support of the
22 family;
23 (iv) restitution for harm done to the
24 victim; and
25 (v) compliance with any other measures
26 that the court may deem appropriate; and
27 (2) the court orders the defendant to pay for the
28 victim's counseling services, to the extent that the
29 court finds, after considering the defendant's income and
30 assets, that the defendant is financially capable of
31 paying for such services, if the victim was under 18
32 years of age at the time the offense was committed and
33 requires counseling as a result of the offense.
34 Probation may be revoked or modified pursuant to Section
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1 5-6-4; except where the court determines at the hearing that
2 the defendant violated a condition of his or her probation
3 restricting contact with the victim or other family members
4 or commits another offense with the victim or other family
5 members, the court shall revoke the defendant's probation and
6 impose a term of imprisonment.
7 For the purposes of this Section, "family member" and
8 "victim" shall have the meanings ascribed to them in Section
9 12-12 of the Criminal Code of 1961.
10 (f) This Article shall not deprive a court in other
11 proceedings to order a forfeiture of property, to suspend or
12 cancel a license, to remove a person from office, or to
13 impose any other civil penalty.
14 (g) Whenever a defendant is convicted of an offense
15 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
16 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
17 12-15 or 12-16 of the Criminal Code of 1961, the defendant
18 shall undergo medical testing to determine whether the
19 defendant has any sexually transmissible disease, including a
20 test for infection with human immunodeficiency virus (HIV) or
21 any other identified causative agent of acquired
22 immunodeficiency syndrome (AIDS). Any such medical test
23 shall be performed only by appropriately licensed medical
24 practitioners and may include an analysis of any bodily
25 fluids as well as an examination of the defendant's person.
26 Except as otherwise provided by law, the results of such test
27 shall be kept strictly confidential by all medical personnel
28 involved in the testing and must be personally delivered in a
29 sealed envelope to the judge of the court in which the
30 conviction was entered for the judge's inspection in camera.
31 Acting in accordance with the best interests of the victim
32 and the public, the judge shall have the discretion to
33 determine to whom, if anyone, the results of the testing may
34 be revealed. The court shall notify the defendant of the test
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1 results. The court shall also notify the victim if requested
2 by the victim, and if the victim is under the age of 15 and
3 if requested by the victim's parents or legal guardian, the
4 court shall notify the victim's parents or legal guardian of
5 the test results. The court shall provide information on the
6 availability of HIV testing and counseling at Department of
7 Public Health facilities to all parties to whom the results
8 of the testing are revealed and shall direct the State's
9 Attorney to provide the information to the victim when
10 possible. A State's Attorney may petition the court to obtain
11 the results of any HIV test administered under this Section,
12 and the court shall grant the disclosure if the State's
13 Attorney shows it is relevant in order to prosecute a charge
14 of criminal transmission of HIV under Section 12-16.2 of the
15 Criminal Code of 1961 against the defendant. The court shall
16 order that the cost of any such test shall be paid by the
17 county and may be taxed as costs against the convicted
18 defendant.
19 (g-5) When an inmate is tested for an airborne
20 communicable disease, as determined by the Illinois
21 Department of Public Health including but not limited to
22 tuberculosis, the results of the test shall be personally
23 delivered by the warden or his or her designee in a sealed
24 envelope to the judge of the court in which the inmate must
25 appear for the judge's inspection in camera if requested by
26 the judge. Acting in accordance with the best interests of
27 those in the courtroom, the judge shall have the discretion
28 to determine what if any precautions need to be taken to
29 prevent transmission of the disease in the courtroom.
30 (h) Whenever a defendant is convicted of an offense
31 under Section 1 or 2 of the Hypodermic Syringes and Needles
32 Act, the defendant shall undergo medical testing to determine
33 whether the defendant has been exposed to human
34 immunodeficiency virus (HIV) or any other identified
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1 causative agent of acquired immunodeficiency syndrome (AIDS).
2 Except as otherwise provided by law, the results of such test
3 shall be kept strictly confidential by all medical personnel
4 involved in the testing and must be personally delivered in a
5 sealed envelope to the judge of the court in which the
6 conviction was entered for the judge's inspection in camera.
7 Acting in accordance with the best interests of the public,
8 the judge shall have the discretion to determine to whom, if
9 anyone, the results of the testing may be revealed. The court
10 shall notify the defendant of a positive test showing an
11 infection with the human immunodeficiency virus (HIV). The
12 court shall provide information on the availability of HIV
13 testing and counseling at Department of Public Health
14 facilities to all parties to whom the results of the testing
15 are revealed and shall direct the State's Attorney to provide
16 the information to the victim when possible. A State's
17 Attorney may petition the court to obtain the results of any
18 HIV test administered under this Section, and the court
19 shall grant the disclosure if the State's Attorney shows it
20 is relevant in order to prosecute a charge of criminal
21 transmission of HIV under Section 12-16.2 of the Criminal
22 Code of 1961 against the defendant. The court shall order
23 that the cost of any such test shall be paid by the county
24 and may be taxed as costs against the convicted defendant.
25 (i) All fines and penalties imposed under this Section
26 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
27 Vehicle Code, or a similar provision of a local ordinance,
28 and any violation of the Child Passenger Protection Act, or a
29 similar provision of a local ordinance, shall be collected
30 and disbursed by the circuit clerk as provided under Section
31 27.5 of the Clerks of Courts Act.
32 (j) In cases when prosecution for any violation of
33 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
34 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
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1 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
2 12-16 of the Criminal Code of 1961, any violation of the
3 Illinois Controlled Substances Act, or any violation of the
4 Cannabis Control Act results in conviction, a disposition of
5 court supervision, or an order of probation granted under
6 Section 10 of the Cannabis Control Act or Section 410 of the
7 Illinois Controlled Substance Act of a defendant, the court
8 shall determine whether the defendant is employed by a
9 facility or center as defined under the Child Care Act of
10 1969, a public or private elementary or secondary school, or
11 otherwise works with children under 18 years of age on a
12 daily basis. When a defendant is so employed, the court
13 shall order the Clerk of the Court to send a copy of the
14 judgment of conviction or order of supervision or probation
15 to the defendant's employer by certified mail. If the
16 employer of the defendant is a school, the Clerk of the Court
17 shall direct the mailing of a copy of the judgment of
18 conviction or order of supervision or probation to the
19 appropriate regional superintendent of schools. The regional
20 superintendent of schools shall notify the State Board of
21 Education of any notification under this subsection.
22 (j-5) A defendant at least 17 years of age who is
23 convicted of a felony and who has not been previously
24 convicted of a misdemeanor or felony and who is sentenced to
25 a term of imprisonment in the Illinois Department of
26 Corrections shall as a condition of his or her sentence be
27 required by the court to attend educational courses designed
28 to prepare the defendant for a high school diploma and to
29 work toward a high school diploma or to work toward passing
30 the high school level Test of General Educational Development
31 (GED) or to work toward completing a vocational training
32 program offered by the Department of Corrections. If a
33 defendant fails to complete the educational training required
34 by his or her sentence during the term of incarceration, the
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1 Prisoner Review Board shall, as a condition of mandatory
2 supervised release, require the defendant, at his or her own
3 expense, to pursue a course of study toward a high school
4 diploma or passage of the GED test. The Prisoner Review
5 Board shall revoke the mandatory supervised release of a
6 defendant who wilfully fails to comply with this subsection
7 (j-5) upon his or her release from confinement in a penal
8 institution while serving a mandatory supervised release
9 term; however, the inability of the defendant after making a
10 good faith effort to obtain financial aid or pay for the
11 educational training shall not be deemed a wilful failure to
12 comply. The Prisoner Review Board shall recommit the
13 defendant whose mandatory supervised release term has been
14 revoked under this subsection (j-5) as provided in Section
15 3-3-9. This subsection (j-5) does not apply to a defendant
16 who has a high school diploma or has successfully passed the
17 GED test. This subsection (j-5) does not apply to a defendant
18 who is determined by the court to be developmentally disabled
19 or otherwise mentally incapable of completing the educational
20 or vocational program.
21 (k) A court may not impose a sentence or disposition for
22 a felony or misdemeanor that requires the defendant to be
23 implanted or injected with or to use any form of birth
24 control.
25 (l) (A) Except as provided in paragraph (C) of
26 subsection (l), whenever a defendant, who is an alien as
27 defined by the Immigration and Nationality Act, is
28 convicted of any felony or misdemeanor offense, the court
29 after sentencing the defendant may, upon motion of the
30 State's Attorney, hold sentence in abeyance and remand
31 the defendant to the custody of the Attorney General of
32 the United States or his or her designated agent to be
33 deported when:
34 (1) a final order of deportation has been
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1 issued against the defendant pursuant to proceedings
2 under the Immigration and Nationality Act, and
3 (2) the deportation of the defendant would not
4 deprecate the seriousness of the defendant's conduct
5 and would not be inconsistent with the ends of
6 justice.
7 Otherwise, the defendant shall be sentenced as
8 provided in this Chapter V.
9 (B) If the defendant has already been sentenced for
10 a felony or misdemeanor offense, or has been placed on
11 probation under Section 10 of the Cannabis Control Act or
12 Section 410 of the Illinois Controlled Substances Act,
13 the court may, upon motion of the State's Attorney to
14 suspend the sentence imposed, commit the defendant to the
15 custody of the Attorney General of the United States or
16 his or her designated agent when:
17 (1) a final order of deportation has been
18 issued against the defendant pursuant to proceedings
19 under the Immigration and Nationality Act, and
20 (2) the deportation of the defendant would not
21 deprecate the seriousness of the defendant's conduct
22 and would not be inconsistent with the ends of
23 justice.
24 (C) This subsection (l) does not apply to offenders
25 who are subject to the provisions of paragraph (2) of
26 subsection (a) of Section 3-6-3.
27 (D) Upon motion of the State's Attorney, if a
28 defendant sentenced under this Section returns to the
29 jurisdiction of the United States, the defendant shall be
30 recommitted to the custody of the county from which he or
31 she was sentenced. Thereafter, the defendant shall be
32 brought before the sentencing court, which may impose any
33 sentence that was available under Section 5-5-3 at the
34 time of initial sentencing. In addition, the defendant
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1 shall not be eligible for additional good conduct credit
2 for meritorious service as provided under Section 3-6-6.
3 (m) A person convicted of criminal defacement of
4 property under Section 21-1.3 of the Criminal Code of 1961,
5 in which the property damage exceeds $300 and the property
6 damaged is a school building, shall be ordered to perform
7 community service that may include cleanup, removal, or
8 painting over the defacement.
9 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
10 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
11 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
12 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
13 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99;
14 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.)
15 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
16 Sec. 5-8-1. Sentence of Imprisonment for Felony.
17 (a) Except as otherwise provided in the statute defining
18 the offense, a sentence of imprisonment for a felony shall be
19 a determinate sentence set by the court under this Section,
20 according to the following limitations:
21 (1) for first degree murder,
22 (a) a term shall be not less than 20 years and
23 not more than 60 years, or
24 (b) if the court finds that the murder was
25 accompanied by exceptionally brutal or heinous
26 behavior indicative of wanton cruelty or, except as
27 set forth in subsection (a)(1)(c) of this Section,
28 that any of the aggravating factors listed in
29 subsection (b) of Section 9-1 of the Criminal Code
30 of 1961 are present, the court may sentence the
31 defendant to a term of natural life imprisonment, or
32 (c) the court shall sentence the defendant to
33 a term of natural life imprisonment when the death
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1 penalty is not imposed if the defendant,
2 (i) has previously been convicted of
3 first degree murder under any state or federal
4 law, or
5 (ii) is a person who, at the time of the
6 commission of the murder, had attained the age
7 of 17 or more and is found guilty of murdering
8 an individual under 12 years of age; or,
9 irrespective of the defendant's age at the time
10 of the commission of the offense, is found
11 guilty of murdering more than one victim, or
12 (iii) is found guilty of murdering a
13 peace officer or fireman when the peace officer
14 or fireman was killed in the course of
15 performing his official duties, or to prevent
16 the peace officer or fireman from performing
17 his official duties, or in retaliation for the
18 peace officer or fireman performing his
19 official duties, and the defendant knew or
20 should have known that the murdered individual
21 was a peace officer or fireman, or
22 (iv) is found guilty of murdering an
23 employee of an institution or facility of the
24 Department of Corrections, or any similar local
25 correctional agency, when the employee was
26 killed in the course of performing his official
27 duties, or to prevent the employee from
28 performing his official duties, or in
29 retaliation for the employee performing his
30 official duties, or
31 (v) is found guilty of murdering an
32 emergency medical technician - ambulance,
33 emergency medical technician - intermediate,
34 emergency medical technician - paramedic,
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1 ambulance driver or other medical assistance or
2 first aid person while employed by a
3 municipality or other governmental unit when
4 the person was killed in the course of
5 performing official duties or to prevent the
6 person from performing official duties or in
7 retaliation for performing official duties and
8 the defendant knew or should have known that
9 the murdered individual was an emergency
10 medical technician - ambulance, emergency
11 medical technician - intermediate, emergency
12 medical technician - paramedic, ambulance
13 driver, or other medical assistant or first aid
14 personnel, or
15 (vi) is a person who, at the time of the
16 commission of the murder, had not attained the
17 age of 17, and is found guilty of murdering a
18 person under 12 years of age and the murder is
19 committed during the course of aggravated
20 criminal sexual assault, criminal sexual
21 assault, or aggravated kidnaping, or
22 (vii) is found guilty of first degree
23 murder and the murder was committed by reason
24 of any person's activity as a community
25 policing volunteer or to prevent any person
26 from engaging in activity as a community
27 policing volunteer. For the purpose of this
28 Section, "community policing volunteer" has the
29 meaning ascribed to it in Section 2-3.5 of the
30 Criminal Code of 1961.
31 For purposes of clause (v), "emergency medical
32 technician - ambulance", "emergency medical
33 technician - intermediate", "emergency medical
34 technician - paramedic", have the meanings ascribed
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1 to them in the Emergency Medical Services (EMS)
2 Systems Act.
3 (d) (i) if the person committed the offense
4 while armed with a firearm, 15 years shall be
5 added to the term of imprisonment imposed by
6 the court;
7 (ii) if, during the commission of the
8 offense, the person personally discharged a
9 firearm, 20 years shall be added to the term of
10 imprisonment imposed by the court;
11 (iii) if, during the commission of the
12 offense, the person personally discharged a
13 firearm that proximately caused great bodily
14 harm, permanent disability, permanent
15 disfigurement, or death to another person, 25
16 years or up to a term of natural life shall be
17 added to the term of imprisonment imposed by
18 the court.
19 (1.5) for second degree murder, a term shall be not
20 less than 4 years and not more than 20 years;
21 (2) for a person adjudged a habitual criminal under
22 Article 33B of the Criminal Code of 1961, as amended, the
23 sentence shall be a term of natural life imprisonment;
24 (2.5) for a person convicted under the
25 circumstances described in paragraph (3) of subsection
26 (b) of Section 12-13, paragraph (2) of subsection (d) of
27 Section 12-14, or paragraph (2) of subsection (b) of
28 Section 12-14.1 of the Criminal Code of 1961, the
29 sentence shall be a term of natural life imprisonment;
30 (3) except as otherwise provided in the statute
31 defining the offense, for a Class X felony, the sentence
32 shall be not less than 6 years and not more than 30
33 years;
34 (4) for a Class 1 felony, other than second degree
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1 murder, the sentence shall be not less than 4 years and
2 not more than 15 years;
3 (5) for a Class 2 felony, the sentence shall be not
4 less than 3 years and not more than 7 years;
5 (6) for a Class 3 felony, the sentence shall be not
6 less than 2 years and not more than 5 years;
7 (7) for a Class 4 felony, the sentence shall be not
8 less than 1 year and not more than 3 years.
9 (b) The sentencing judge in each felony conviction shall
10 set forth his reasons for imposing the particular sentence he
11 enters in the case, as provided in Section 5-4-1 of this
12 Code. Those reasons may include any mitigating or
13 aggravating factors specified in this Code, or the lack of
14 any such circumstances, as well as any other such factors as
15 the judge shall set forth on the record that are consistent
16 with the purposes and principles of sentencing set out in
17 this Code.
18 (c) A motion to reduce a sentence may be made, or the
19 court may reduce a sentence without motion, within 30 days
20 after the sentence is imposed. A defendant's challenge to
21 the correctness of a sentence or to any aspect of the
22 sentencing hearing shall be made by a written motion filed
23 within 30 days following the imposition of sentence.
24 However, the court may not increase a sentence once it is
25 imposed.
26 If a motion filed pursuant to this subsection is timely
27 filed within 30 days after the sentence is imposed, the
28 proponent of the motion shall exercise due diligence in
29 seeking a determination on the motion and the court shall
30 thereafter decide such motion within a reasonable time.
31 If a motion filed pursuant to this subsection is timely
32 filed within 30 days after the sentence is imposed, then for
33 purposes of perfecting an appeal, a final judgment shall not
34 be considered to have been entered until the motion to reduce
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1 a sentence has been decided by order entered by the trial
2 court.
3 A motion filed pursuant to this subsection shall not be
4 considered to have been timely filed unless it is filed with
5 the circuit court clerk within 30 days after the sentence is
6 imposed together with a notice of motion, which notice of
7 motion shall set the motion on the court's calendar on a date
8 certain within a reasonable time after the date of filing.
9 (d) Except where a term of natural life is imposed,
10 every sentence shall include as though written therein a term
11 in addition to the term of imprisonment. For those sentenced
12 under the law in effect prior to February 1, 1978, such term
13 shall be identified as a parole term. For those sentenced on
14 or after February 1, 1978, such term shall be identified as a
15 mandatory supervised release term. Subject to earlier
16 termination under Section 3-3-8, the parole or mandatory
17 supervised release term shall be as follows:
18 (1) for first degree murder or a Class X felony, 3
19 years;
20 (2) for a Class 1 felony or a Class 2 felony, 2
21 years;
22 (3) for a Class 3 felony or a Class 4 felony, 1
23 year.
24 (e) A defendant who has a previous and unexpired
25 sentence of imprisonment imposed by another state or by any
26 district court of the United States and who, after sentence
27 for a crime in Illinois, must return to serve the unexpired
28 prior sentence may have his sentence by the Illinois court
29 ordered to be concurrent with the prior sentence in the other
30 state. The court may order that any time served on the
31 unexpired portion of the sentence in the other state, prior
32 to his return to Illinois, shall be credited on his Illinois
33 sentence. The other state shall be furnished with a copy of
34 the order imposing sentence which shall provide that, when
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1 the offender is released from confinement of the other state,
2 whether by parole or by termination of sentence, the offender
3 shall be transferred by the Sheriff of the committing county
4 to the Illinois Department of Corrections. The court shall
5 cause the Department of Corrections to be notified of such
6 sentence at the time of commitment and to be provided with
7 copies of all records regarding the sentence.
8 (f) A defendant who has a previous and unexpired
9 sentence of imprisonment imposed by an Illinois circuit court
10 for a crime in this State and who is subsequently sentenced
11 to a term of imprisonment by another state or by any district
12 court of the United States and who has served a term of
13 imprisonment imposed by the other state or district court of
14 the United States, and must return to serve the unexpired
15 prior sentence imposed by the Illinois Circuit Court may
16 apply to the court which imposed sentence to have his
17 sentence reduced.
18 The circuit court may order that any time served on the
19 sentence imposed by the other state or district court of the
20 United States be credited on his Illinois sentence. Such
21 application for reduction of a sentence under this
22 subsection (f) shall be made within 30 days after the
23 defendant has completed the sentence imposed by the other
24 state or district court of the United States.
25 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
26 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff.
27 1-1-99.)
28 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
29 Sec. 5-8-4. Concurrent and Consecutive Terms of
30 Imprisonment.
31 (a) When multiple sentences of imprisonment are imposed
32 on a defendant at the same time, or when a term of
33 imprisonment is imposed on a defendant who is already subject
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1 to sentence in this State or in another state, or for a
2 sentence imposed by any district court of the United States,
3 the sentences shall run concurrently or consecutively as
4 determined by the court. When a term of imprisonment is
5 imposed on a defendant by an Illinois circuit court and the
6 defendant is subsequently sentenced to a term of imprisonment
7 by another state or by a district court of the United States,
8 the Illinois circuit court which imposed the sentence may
9 order that the Illinois sentence be made concurrent with the
10 sentence imposed by the other state or district court of the
11 United States. The defendant must apply to the circuit court
12 within 30 days after the defendant's sentence imposed by the
13 other state or district of the United States is finalized.
14 The court shall not impose consecutive sentences for offenses
15 which were committed as part of a single course of conduct
16 during which there was no substantial change in the nature of
17 the criminal objective, unless:
18 (i), one of the offenses for which defendant was
19 convicted was a Class X or Class 1 felony and the
20 defendant inflicted severe bodily injury, or
21 (ii) where the defendant was convicted of a
22 violation of Section 12-13, 12-14, or 12-14.1 of the
23 Criminal Code of 1961, or
24 (iii) the defendant was convicted of armed violence
25 based upon the predicate offense of solicitation of
26 murder, solicitation of murder for hire, heinous battery,
27 aggravated battery of a senior citizen, criminal sexual
28 assault, a violation of subsection (g) of Section 5 of
29 the Cannabis Control Act, cannabis trafficking, a
30 violation of subsection (a) of Section 401 of the
31 Illinois Controlled Substances Act, controlled substance
32 trafficking involving a Class X felony amount of
33 controlled substance under Section 401 of the Illinois
34 Controlled Substances Act, calculated criminal drug
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1 conspiracy, or streetgang criminal drug conspiracy,
2 in which event the court shall enter sentences to run
3 consecutively. Sentences shall run concurrently unless
4 otherwise specified by the court.
5 (b) The court shall not impose a consecutive sentence
6 except as provided for in subsection (a) unless, having
7 regard to the nature and circumstances of the offense and the
8 history and character of the defendant, it is of the opinion
9 that such a term is required to protect the public from
10 further criminal conduct by the defendant, the basis for
11 which the court shall set forth in the record; except that no
12 such finding or opinion is required when multiple sentences
13 of imprisonment are imposed on a defendant for offenses that
14 were not committed as part of a single course of conduct
15 during which there was no substantial change in the nature of
16 the criminal objective, and one of the offenses for which the
17 defendant was convicted was a Class X or Class 1 felony and
18 the defendant inflicted severe bodily injury, or when the
19 defendant was convicted of a violation of Section 12-13,
20 12-14, or 12-14.1 of the Criminal Code of 1961, or where the
21 defendant was convicted of armed violence based upon the
22 predicate offense of solicitation of murder, solicitation of
23 murder for hire, heinous battery, aggravated battery of a
24 senior citizen, criminal sexual assault, a violation of
25 subsection (g) of Section 5 of the Cannabis Control Act,
26 cannabis trafficking, a violation of subsection (a) of
27 Section 401 of the Illinois Controlled Substances Act,
28 controlled substance trafficking involving a Class X felony
29 amount of controlled substance under Section 401 of the
30 Illinois Controlled Substances Act, calculated criminal drug
31 conspiracy, or streetgang criminal drug conspiracy, in which
32 event the Court shall enter sentences to run consecutively.
33 (c) (1) For sentences imposed under law in effect prior
34 to February 1, 1978 the aggregate maximum of consecutive
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1 sentences shall not exceed the maximum term authorized
2 under Section 5-8-1 for the 2 most serious felonies
3 involved. The aggregate minimum period of consecutive
4 sentences shall not exceed the highest minimum term
5 authorized under Section 5-8-1 for the 2 most serious
6 felonies involved. When sentenced only for misdemeanors,
7 a defendant shall not be consecutively sentenced to more
8 than the maximum for one Class A misdemeanor.
9 (2) For sentences imposed under the law in effect
10 on or after February 1, 1978, the aggregate of
11 consecutive sentences for offenses that were committed as
12 part of a single course of conduct during which there was
13 no substantial change in the nature of the criminal
14 objective shall not exceed the sum of the maximum terms
15 authorized under Section 5-8-2 for the 2 most serious
16 felonies involved, but no such limitation shall apply for
17 offenses that were not committed as part of a single
18 course of conduct during which there was no substantial
19 change in the nature of the criminal objective. When
20 sentenced only for misdemeanors, a defendant shall not be
21 consecutively sentenced to more than the maximum for one
22 Class A misdemeanor.
23 (d) An offender serving a sentence for a misdemeanor who
24 is convicted of a felony and sentenced to imprisonment shall
25 be transferred to the Department of Corrections, and the
26 misdemeanor sentence shall be merged in and run concurrently
27 with the felony sentence.
28 (e) In determining the manner in which consecutive
29 sentences of imprisonment, one or more of which is for a
30 felony, will be served, the Department of Corrections shall
31 treat the offender as though he had been committed for a
32 single term with the following incidents:
33 (1) the maximum period of a term of imprisonment
34 shall consist of the aggregate of the maximums of the
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1 imposed indeterminate terms, if any, plus the aggregate
2 of the imposed determinate sentences for felonies plus
3 the aggregate of the imposed determinate sentences for
4 misdemeanors subject to paragraph (c) of this Section;
5 (2) the parole or mandatory supervised release term
6 shall be as provided in paragraph (e) of Section 5-8-1 of
7 this Code for the most serious of the offenses involved;
8 (3) the minimum period of imprisonment shall be the
9 aggregate of the minimum and determinate periods of
10 imprisonment imposed by the court, subject to paragraph
11 (c) of this Section; and
12 (4) the offender shall be awarded credit against
13 the aggregate maximum term and the aggregate minimum term
14 of imprisonment for all time served in an institution
15 since the commission of the offense or offenses and as a
16 consequence thereof at the rate specified in Section
17 3-6-3 of this Code.
18 (f) A sentence of an offender committed to the
19 Department of Corrections at the time of the commission of
20 the offense shall be served consecutive to the sentence under
21 which he is held by the Department of Corrections. However,
22 in case such offender shall be sentenced to punishment by
23 death, the sentence shall be executed at such time as the
24 court may fix without regard to the sentence under which such
25 offender may be held by the Department.
26 (g) A sentence under Section 3-6-4 for escape or
27 attempted escape shall be served consecutive to the terms
28 under which the offender is held by the Department of
29 Corrections.
30 (h) If a person charged with a felony commits a separate
31 felony while on pre-trial release or in pretrial detention in
32 a county jail facility or county detention facility, the
33 sentences imposed upon conviction of these felonies shall be
34 served consecutively regardless of the order in which the
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1 judgments of conviction are entered.
2 (i) If a person admitted to bail following conviction of
3 a felony commits a separate felony while free on bond or if a
4 person detained in a county jail facility or county detention
5 facility following conviction of a felony commits a separate
6 felony while in detention, any sentence following conviction
7 of the separate felony shall be consecutive to that of the
8 original sentence for which the defendant was on bond or
9 detained.
10 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
11 90-128, eff. 7-22-97.)".