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91_SB0509
LRB9104252KSgc
1 AN ACT in relation to criminal law, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 9-1, 12-4.1, 20-2, and 26-1 and adding
6 Sections 12-4.2-5 and 24-1.2-5 and Article 20.5 as follows:
7 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
8 Sec. 9-1. First degree Murder - Death penalties -
9 Exceptions - Separate Hearings - Proof - Findings - Appellate
10 procedures - Reversals.
11 (a) A person who kills an individual without lawful
12 justification commits first degree murder if, in performing
13 the acts which cause the death:
14 (1) he either intends to kill or do great bodily
15 harm to that individual or another, or knows that such
16 acts will cause death to that individual or another; or
17 (2) he knows that such acts create a strong
18 probability of death or great bodily harm to that
19 individual or another; or
20 (3) he is attempting or committing a forcible
21 felony other than second degree murder.
22 (b) Aggravating Factors. A defendant who at the time of
23 the commission of the offense has attained the age of 18 or
24 more and who has been found guilty of first degree murder may
25 be sentenced to death if:
26 (1) the murdered individual was a peace officer or
27 fireman killed in the course of performing his official
28 duties, to prevent the performance of his official
29 duties, or in retaliation for performing his official
30 duties, and the defendant knew or should have known that
31 the murdered individual was a peace officer or fireman;
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1 or
2 (2) the murdered individual was an employee of an
3 institution or facility of the Department of Corrections,
4 or any similar local correctional agency, killed in the
5 course of performing his official duties, to prevent the
6 performance of his official duties, or in retaliation for
7 performing his official duties, or the murdered
8 individual was an inmate at such institution or facility
9 and was killed on the grounds thereof, or the murdered
10 individual was otherwise present in such institution or
11 facility with the knowledge and approval of the chief
12 administrative officer thereof; or
13 (3) the defendant has been convicted of murdering
14 two or more individuals under subsection (a) of this
15 Section or under any law of the United States or of any
16 state which is substantially similar to subsection (a) of
17 this Section regardless of whether the deaths occurred
18 as the result of the same act or of several related or
19 unrelated acts so long as the deaths were the result of
20 either an intent to kill more than one person or of
21 separate acts which the defendant knew would cause death
22 or create a strong probability of death or great bodily
23 harm to the murdered individual or another; or
24 (4) the murdered individual was killed as a result
25 of the hijacking of an airplane, train, ship, bus or
26 other public conveyance; or
27 (5) the defendant committed the murder pursuant to
28 a contract, agreement or understanding by which he was to
29 receive money or anything of value in return for
30 committing the murder or procured another to commit the
31 murder for money or anything of value; or
32 (6) the murdered individual was killed in the
33 course of another felony if:
34 (a) the murdered individual:
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1 (i) was actually killed by the defendant,
2 or
3 (ii) received physical injuries
4 personally inflicted by the defendant
5 substantially contemporaneously with physical
6 injuries caused by one or more persons for
7 whose conduct the defendant is legally
8 accountable under Section 5-2 of this Code, and
9 the physical injuries inflicted by either the
10 defendant or the other person or persons for
11 whose conduct he is legally accountable caused
12 the death of the murdered individual; and
13 (b) in performing the acts which caused the
14 death of the murdered individual or which resulted
15 in physical injuries personally inflicted by the
16 defendant on the murdered individual under the
17 circumstances of subdivision (ii) of subparagraph
18 (a) of paragraph (6) of subsection (b) of this
19 Section, the defendant acted with the intent to kill
20 the murdered individual or with the knowledge that
21 his acts created a strong probability of death or
22 great bodily harm to the murdered individual or
23 another; and
24 (c) the other felony was one of the following:
25 armed robbery, armed violence, robbery, predatory
26 criminal sexual assault of a child, aggravated
27 criminal sexual assault, aggravated kidnapping,
28 aggravated vehicular hijacking, forcible detention,
29 arson, aggravated arson, aggravated stalking,
30 burglary, residential burglary, home invasion,
31 calculated criminal drug conspiracy as defined in
32 Section 405 of the Illinois Controlled Substances
33 Act, streetgang criminal drug conspiracy as defined
34 in Section 405.2 of the Illinois Controlled
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1 Substances Act, or the attempt to commit any of the
2 felonies listed in this subsection (c); or
3 (7) the murdered individual was under 12 years of
4 age and the death resulted from exceptionally brutal or
5 heinous behavior indicative of wanton cruelty; or
6 (8) the defendant committed the murder with intent
7 to prevent the murdered individual from testifying in any
8 criminal prosecution or giving material assistance to the
9 State in any investigation or prosecution, either against
10 the defendant or another; or the defendant committed the
11 murder because the murdered individual was a witness in
12 any prosecution or gave material assistance to the State
13 in any investigation or prosecution, either against the
14 defendant or another; or
15 (9) the defendant, while committing an offense
16 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
17 407 or 407.1 or subsection (b) of Section 404 of the
18 Illinois Controlled Substances Act, or while engaged in a
19 conspiracy or solicitation to commit such offense,
20 intentionally killed an individual or counseled,
21 commanded, induced, procured or caused the intentional
22 killing of the murdered individual; or
23 (10) the defendant was incarcerated in an
24 institution or facility of the Department of Corrections
25 at the time of the murder, and while committing an
26 offense punishable as a felony under Illinois law, or
27 while engaged in a conspiracy or solicitation to commit
28 such offense, intentionally killed an individual or
29 counseled, commanded, induced, procured or caused the
30 intentional killing of the murdered individual; or
31 (11) the murder was committed in a cold, calculated
32 and premeditated manner pursuant to a preconceived plan,
33 scheme or design to take a human life by unlawful means,
34 and the conduct of the defendant created a reasonable
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1 expectation that the death of a human being would result
2 therefrom; or
3 (12) the murdered individual was an emergency
4 medical technician - ambulance, emergency medical
5 technician - intermediate, emergency medical technician -
6 paramedic, ambulance driver, or other medical assistance
7 or first aid personnel, employed by a municipality or
8 other governmental unit, killed in the course of
9 performing his official duties, to prevent the
10 performance of his official duties, or in retaliation for
11 performing his official duties, and the defendant knew or
12 should have known that the murdered individual was an
13 emergency medical technician - ambulance, emergency
14 medical technician - intermediate, emergency medical
15 technician - paramedic, ambulance driver, or other
16 medical assistance or first aid personnel; or
17 (13) the defendant was a principal administrator,
18 organizer, or leader of a calculated criminal drug
19 conspiracy consisting of a hierarchical position of
20 authority superior to that of all other members of the
21 conspiracy, and the defendant counseled, commanded,
22 induced, procured, or caused the intentional killing of
23 the murdered person; or
24 (14) the murder was intentional and involved the
25 infliction of torture. For the purpose of this Section
26 torture means the infliction of or subjection to extreme
27 physical pain, motivated by an intent to increase or
28 prolong the pain, suffering or agony of the victim; or
29 (15) the murder was committed as a result of the
30 intentional discharge of a firearm by the defendant from
31 a motor vehicle and the victim was not present within the
32 motor vehicle; or
33 (16) the murdered individual was 60 years of age or
34 older and the death resulted from exceptionally brutal or
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1 heinous behavior indicative of wanton cruelty; or
2 (17) the murdered individual was a disabled person
3 and the defendant knew or should have known that the
4 murdered individual was disabled. For purposes of this
5 paragraph (17), "disabled person" means a person who
6 suffers from a permanent physical or mental impairment
7 resulting from disease, an injury, a functional disorder,
8 or a congenital condition that renders the person
9 incapable of adequately providing for his or her own
10 health or personal care; or
11 (18) the murder was committed by reason of any
12 person's activity as a community policing volunteer or to
13 prevent any person from engaging in activity as a
14 community policing volunteer; or .
15 (19) (18) the murdered individual was subject to an
16 order of protection and the murder was committed by a
17 person against whom the same order of protection was
18 issued under the Illinois Domestic Violence Act of 1986;
19 or.
20 (20) the murdered individual was killed as the
21 result of the intentional explosion of a bomb or other
22 explosive device or as the result of the intentional
23 igniting of any incendiary device or flammable substance;
24 or
25 (21) the murdered individual was killed as the
26 result of the intentional release of poisonous or noxious
27 gas other than a non-lethal noxious liquid gas designed
28 solely for personal defense; or
29 (22) the murdered individual was killed as the
30 result of the intentional discharge of a machine gun as
31 defined in clause (i) of paragraph (7) of subsection (a)
32 of Section 24-1 of this Code; or
33 (23) the murdered individual was killed as the
34 result of the intentional discharge of a firearm that, at
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1 the time of the discharge, was equipped with any device
2 or attachment designed or used for silencing the report
3 of the firearm; or
4 (24) the murdered individual was killed as the
5 result of the intentional release of any deadly
6 biological or chemical contaminant or agent or the
7 intentional exposure of any person to a radioactive
8 substance; or.
9 (25) the murder was committed as a result of
10 streetgang related criminal activity with the intent:
11 (A) to increase the gang's size, membership,
12 prestige, dominance, or control in any geographical
13 area, or
14 (B) to exact revenge or retribution for any
15 gang or member of the gang, or
16 (C) to obstruct justice or intimidate or
17 eliminate any witness against the gang or any member
18 of the gang, or
19 (D) to directly or indirectly cause any
20 benefit, aggrandizement, gain, profit, or other
21 advantage to or for the gang, its reputation,
22 influence, or membership.
23 For the purpose of this Section, "streetgang" or "gang"
24 has the meaning ascribed to it by Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26 (c) Consideration of factors in Aggravation and
27 Mitigation.
28 The court shall consider, or shall instruct the jury to
29 consider any aggravating and any mitigating factors which are
30 relevant to the imposition of the death penalty. Aggravating
31 factors may include but need not be limited to those factors
32 set forth in subsection (b). Mitigating factors may include
33 but need not be limited to the following:
34 (1) the defendant has no significant history of
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1 prior criminal activity;
2 (2) the murder was committed while the defendant
3 was under the influence of extreme mental or emotional
4 disturbance, although not such as to constitute a defense
5 to prosecution;
6 (3) the murdered individual was a participant in
7 the defendant's homicidal conduct or consented to the
8 homicidal act;
9 (4) the defendant acted under the compulsion of
10 threat or menace of the imminent infliction of death or
11 great bodily harm;
12 (5) the defendant was not personally present during
13 commission of the act or acts causing death.
14 (d) Separate sentencing hearing.
15 Where requested by the State, the court shall conduct a
16 separate sentencing proceeding to determine the existence of
17 factors set forth in subsection (b) and to consider any
18 aggravating or mitigating factors as indicated in subsection
19 (c). The proceeding shall be conducted:
20 (1) before the jury that determined the defendant's
21 guilt; or
22 (2) before a jury impanelled for the purpose of the
23 proceeding if:
24 A. the defendant was convicted upon a plea of
25 guilty; or
26 B. the defendant was convicted after a trial
27 before the court sitting without a jury; or
28 C. the court for good cause shown discharges
29 the jury that determined the defendant's guilt; or
30 (3) before the court alone if the defendant waives
31 a jury for the separate proceeding.
32 (e) Evidence and Argument.
33 During the proceeding any information relevant to any of
34 the factors set forth in subsection (b) may be presented by
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1 either the State or the defendant under the rules governing
2 the admission of evidence at criminal trials. Any
3 information relevant to any additional aggravating factors or
4 any mitigating factors indicated in subsection (c) may be
5 presented by the State or defendant regardless of its
6 admissibility under the rules governing the admission of
7 evidence at criminal trials. The State and the defendant
8 shall be given fair opportunity to rebut any information
9 received at the hearing.
10 (f) Proof.
11 The burden of proof of establishing the existence of any
12 of the factors set forth in subsection (b) is on the State
13 and shall not be satisfied unless established beyond a
14 reasonable doubt.
15 (g) Procedure - Jury.
16 If at the separate sentencing proceeding the jury finds
17 that none of the factors set forth in subsection (b) exists,
18 the court shall sentence the defendant to a term of
19 imprisonment under Chapter V of the Unified Code of
20 Corrections. If there is a unanimous finding by the jury
21 that one or more of the factors set forth in subsection (b)
22 exist, the jury shall consider aggravating and mitigating
23 factors as instructed by the court and shall determine
24 whether the sentence of death shall be imposed. If the jury
25 determines unanimously that there are no mitigating factors
26 sufficient to preclude the imposition of the death sentence,
27 the court shall sentence the defendant to death.
28 Unless the jury unanimously finds that there are no
29 mitigating factors sufficient to preclude the imposition of
30 the death sentence the court shall sentence the defendant to
31 a term of imprisonment under Chapter V of the Unified Code of
32 Corrections.
33 (h) Procedure - No Jury.
34 In a proceeding before the court alone, if the court
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1 finds that none of the factors found in subsection (b)
2 exists, the court shall sentence the defendant to a term of
3 imprisonment under Chapter V of the Unified Code of
4 Corrections.
5 If the Court determines that one or more of the factors
6 set forth in subsection (b) exists, the Court shall consider
7 any aggravating and mitigating factors as indicated in
8 subsection (c). If the Court determines that there are no
9 mitigating factors sufficient to preclude the imposition of
10 the death sentence, the Court shall sentence the defendant to
11 death.
12 Unless the court finds that there are no mitigating
13 factors sufficient to preclude the imposition of the sentence
14 of death, the court shall sentence the defendant to a term of
15 imprisonment under Chapter V of the Unified Code of
16 Corrections.
17 (i) Appellate Procedure.
18 The conviction and sentence of death shall be subject to
19 automatic review by the Supreme Court. Such review shall be
20 in accordance with rules promulgated by the Supreme Court.
21 (j) Disposition of reversed death sentence.
22 In the event that the death penalty in this Act is held
23 to be unconstitutional by the Supreme Court of the United
24 States or of the State of Illinois, any person convicted of
25 first degree murder shall be sentenced by the court to a term
26 of imprisonment under Chapter V of the Unified Code of
27 Corrections.
28 In the event that any death sentence pursuant to the
29 sentencing provisions of this Section is declared
30 unconstitutional by the Supreme Court of the United States or
31 of the State of Illinois, the court having jurisdiction over
32 a person previously sentenced to death shall cause the
33 defendant to be brought before the court, and the court shall
34 sentence the defendant to a term of imprisonment under
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1 Chapter V of the Unified Code of Corrections.
2 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
3 89-462, eff. 5-29-96; 89-498, eff. 6-27-96; 90-213, eff.
4 1-1-98; 90-651, eff. 1-1-99; 90-668, eff. 1-1-99; revised
5 9-16-98.)
6 (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
7 Sec. 12-4.1. Heinous Battery.
8 (a) A person who, in committing a battery, knowingly
9 causes severe and permanent disability, great bodily harm or
10 disfigurement by means of a caustic or flammable substance, a
11 poisonous or noxious gas other than a non-lethal noxious
12 liquid gas designed solely for personal defense, a deadly
13 biological or chemical contaminant or agent, a radioactive
14 substance, or a bomb or explosive compound commits heinous
15 battery.
16 (b) Sentence. Heinous battery is a Class X felony for
17 which a person shall be sentenced to a term of imprisonment
18 of no less than 6 years and no more than 45 years.
19 (Source: P.A. 88-285.)
20 (720 ILCS 5/12-4.2-5 new)
21 Sec. 12-4.2-5. Aggravated battery with a machine gun or
22 a firearm equipped with any device or attachment designed or
23 used for silencing the report of a firearm.
24 (a) A person commits aggravated battery with a machine
25 gun or a firearm equipped with a device designed or used for
26 silencing the report of a firearm when he or she, in
27 committing a battery, knowingly or intentionally by means of
28 the discharging of a machine gun or a firearm equipped with a
29 device designed or used for silencing the report of a firearm
30 (1) causes any injury to another person, or (2) causes any
31 injury to a person he or she knows to be a peace officer, a
32 person summoned by a peace officer, a correctional
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1 institution employee or a fireman while the officer,
2 employee or fireman is engaged in the execution of any of his
3 or her official duties, or to prevent the officer, employee
4 or fireman from performing his or her official duties, or in
5 retaliation for the officer, employee or fireman performing
6 his or her official duties, or (3) causes any injury to a
7 person he or she knows to be an emergency medical technician
8 - ambulance, emergency medical technician - intermediate,
9 emergency medical technician - paramedic, ambulance driver,
10 or other medical assistance or first aid personnel, employed
11 by a municipality or other governmental unit, while the
12 emergency medical technician - ambulance, emergency medical
13 technician - intermediate, emergency medical technician -
14 paramedic, ambulance driver, or other medical assistance or
15 first aid personnel is engaged in the execution of any of his
16 or her official duties, or to prevent the emergency medical
17 technician - ambulance, emergency medical technician -
18 intermediate, emergency medical technician - paramedic,
19 ambulance driver, or other medical assistance or first aid
20 personnel from performing his or her official duties, or in
21 retaliation for the emergency medical technician - ambulance,
22 emergency medical technician - intermediate, emergency
23 medical technician - paramedic, ambulance driver, or other
24 medical assistance or first aid personnel performing his or
25 her official duties.
26 (b) A violation of subsection (a) (1) of this Section is
27 a Class X felony for which the person shall be sentenced to a
28 term of imprisonment of no less than 12 years and no more
29 than 45 years. A violation of subsection (a) (2) or
30 subsection (a) (3) of this Section is a Class X felony for
31 which the sentence shall be a term of imprisonment of no less
32 than 20 years and no more than 60 years.
33 (c) For purposes of this Section, "firearm" is defined
34 as in the Firearm Owners Identification Card Act.
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1 (d) For purposes of this Section, "machine gun" has the
2 meaning ascribed to it in clause (i) of paragraph (7) of
3 subsection (a) of Section 24-1 of this Code.
4 (720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
5 Sec. 20-2. Possession of explosives or explosive or
6 incendiary devices. (a) A person commits the offense of
7 possession of explosives or explosive or incendiary devices
8 in violation of this Section when he possesses, manufactures
9 or transports any explosive compound, timing or detonating
10 device for use with any explosive compound or incendiary
11 device and either intends to use such explosive or device to
12 commit any offense or knows that another intends to use such
13 explosive or device to commit a felony.
14 (b) Sentence.
15 Possession of explosives or explosive or incendiary
16 devices in violation of this Section is a Class 1 2 felony
17 for which a person, if sentenced to a term of imprisonment,
18 shall be sentenced to not less than 4 years and not more than
19 30 years.
20 (Source: P.A. 84-1308.)
21 (720 ILCS 5/Art. 20.5 heading new)
22 ARTICLE 20.5. DEADLY SUBSTANCES
23 (720 ILCS 5/20.5-6 new)
24 Sec. 20.5-6. Possession of a deadly substance.
25 (a) A person commits the offense of possession of a
26 deadly substance when he or she possesses, manufactures or
27 transports any poisonous or noxious gas other than a
28 non-lethal noxious liquid gas designed solely for personal
29 defense, deadly biological or chemical contaminant or agent,
30 or radioactive substance either with the intent to use such
31 gas, biological or chemical contaminant or agent, or
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1 radioactive substance to commit any offense or with the
2 knowledge that another person intends to use such gas,
3 biological or chemical contaminant or agent, or radioactive
4 substance to commit a felony.
5 (b) Sentence. Possession of a deadly substance is a
6 Class 1 felony for which a person, if sentenced to a term of
7 imprisonment, shall be sentenced to a term of not less than 4
8 years and not more than 30 years.
9 (720 ILCS 5/24-1.2-5 new)
10 Sec. 24-1.2-5. Aggravated discharge of a machine gun or
11 a firearm equipped with a device designed or used for
12 silencing the report of a firearm.
13 (a) A person commits aggravated discharge of a machine
14 gun or a firearm equipped with a device designed or used for
15 silencing the report of a firearm when he or she knowingly or
16 intentionally:
17 (1) Discharges a machine gun or a firearm equipped
18 with a device designed or used for silencing the report
19 of a firearm at or into a building he or she knows to be
20 occupied and the machine gun or the firearm equipped with
21 a device designed or used for silencing the report of a
22 firearm is discharged from a place or position outside
23 that building;
24 (2) Discharges a machine gun or a firearm equipped
25 with a device designed or used for silencing the report
26 of a firearm in the direction of another person or in the
27 direction of a vehicle he or she knows to be occupied;
28 (3) Discharges a machine gun or a firearm equipped
29 with a device designed or used for silencing the report
30 of a firearm in the direction of a person he or she knows
31 to be a peace officer, a person summoned or directed by a
32 peace officer, a correctional institution employee, or a
33 fireman while the officer, employee or fireman is engaged
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1 in the execution of any of his or her official duties, or
2 to prevent the officer, employee or fireman from
3 performing his or her official duties, or in retaliation
4 for the officer, employee or fireman performing his or
5 her official duties;
6 (4) Discharges a machine gun or a firearm equipped
7 with a device designed or used for silencing the report
8 of a firearm in the direction of a vehicle he or she
9 knows to be occupied by a peace officer, a person
10 summoned or directed by a peace officer, a correctional
11 institution employee or a fireman while the officer,
12 employee or fireman is engaged in the execution of any of
13 his or her official duties, or to prevent the officer,
14 employee or fireman from performing his or her official
15 duties, or in retaliation for the officer, employee or
16 fireman performing his or her official duties;
17 (5) Discharges a machine gun or a firearm equipped
18 with a device designed or used for silencing the report
19 of a firearm in the direction of a person he or she knows
20 to be an emergency medical technician - ambulance,
21 emergency medical technician - intermediate, emergency
22 medical technician - paramedic, ambulance driver, or
23 other medical assistance or first aid personnel, employed
24 by a municipality or other governmental unit, while the
25 emergency medical technician - ambulance, emergency
26 medical technician - intermediate, emergency medical
27 technician - paramedic, ambulance driver, or other
28 medical assistance or first aid personnel is engaged in
29 the execution of any of his or her official duties, or to
30 prevent the emergency medical technician - ambulance,
31 emergency medical technician - intermediate, emergency
32 medical technician - paramedic, ambulance driver, or
33 other medical assistance or first aid personnel from
34 performing his or her official duties, or in retaliation
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1 for the emergency medical technician - ambulance,
2 emergency medical technician - intermediate, emergency
3 medical technician - paramedic, ambulance driver, or
4 other medical assistance or first aid personnel
5 performing his or her official duties; or
6 (6) Discharges a machine gun or a firearm equipped
7 with a device designed or used for silencing the report
8 of a firearm in the direction of a vehicle he or she
9 knows to be occupied by an emergency medical technician -
10 ambulance, emergency medical technician - intermediate,
11 emergency medical technician - paramedic, ambulance
12 driver, or other medical assistance or first aid
13 personnel, employed by a municipality or other
14 governmental unit, while the emergency medical technician
15 - ambulance, emergency medical technician - intermediate,
16 emergency medical technician - paramedic, ambulance
17 driver, or other medical assistance or first aid
18 personnel is engaged in the execution of any of his or
19 her official duties, or to prevent the emergency medical
20 technician - ambulance, emergency medical technician -
21 intermediate, emergency medical technician - paramedic,
22 ambulance driver, or other medical assistance or first
23 aid personnel from performing his or her official duties,
24 or in retaliation for the emergency medical technician -
25 ambulance, emergency medical technician - intermediate,
26 emergency medical technician - paramedic, ambulance
27 driver, or other medical assistance or first aid
28 personnel performing his or her official duties.
29 (b) A violation of subsection (a) (1) or subsection
30 (a) (2) of this Section is a Class X felony. A violation of
31 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
32 Section is a Class X felony for which the sentence shall be a
33 term of imprisonment of no less than 12 years and no more
34 than 50 years.
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1 (c) For the purpose of this Section, "machine gun" has
2 the meaning ascribed to it in clause (i) of paragraph (7) of
3 subsection (a) of Section 24-1 of this Code.
4 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
5 Sec. 26-1. Elements of the Offense.
6 (a) A person commits disorderly conduct when he
7 knowingly:
8 (1) Does any act in such unreasonable manner as to
9 alarm or disturb another and to provoke a breach of the
10 peace; or
11 (2) Transmits or causes to be transmitted in any
12 manner to the fire department of any city, town, village
13 or fire protection district a false alarm of fire,
14 knowing at the time of such transmission that there is no
15 reasonable ground for believing that such fire exists; or
16 (3) Transmits or causes to be transmitted in any
17 manner to another a false alarm to the effect that a bomb
18 or other explosive of any nature is concealed in such
19 place that its explosion would endanger human life,
20 knowing at the time of such transmission that there is no
21 reasonable ground for believing that such bomb or
22 explosive is concealed in such place; or
23 (4) Transmits or causes to be transmitted in any
24 manner to any peace officer, public officer or public
25 employee a report to the effect that an offense will be
26 committed, is being committed, or has been committed,
27 knowing at the time of such transmission that there is no
28 reasonable ground for believing that such an offense will
29 be committed, is being committed, or has been committed;
30 or
31 (5) Enters upon the property of another and for a
32 lewd or unlawful purpose deliberately looks into a
33 dwelling on the property through any window or other
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1 opening in it; or
2 (6) While acting as a collection agency as defined
3 in the "Collection Agency Act" or as an employee of such
4 collection agency, and while attempting to collect an
5 alleged debt, makes a telephone call to the alleged
6 debtor which is designed to harass, annoy or intimidate
7 the alleged debtor; or
8 (7) Transmits or causes to be transmitted a false
9 report to the Department of Children and Family Services
10 under Section 4 of the "Abused and Neglected Child
11 Reporting Act"; or
12 (8) Transmits or causes to be transmitted a false
13 report to the Department of Public Health under the
14 Nursing Home Care Act; or
15 (9) Transmits or causes to be transmitted in any
16 manner to the police department or fire department of any
17 municipality or fire protection district, or any
18 privately owned and operated ambulance service, a false
19 request for an ambulance, emergency medical
20 technician-ambulance or emergency medical
21 technician-paramedic knowing at the time there is no
22 reasonable ground for believing that such assistance is
23 required; or
24 (10) Transmits or causes to be transmitted a false
25 report under Article II of "An Act in relation to victims
26 of violence and abuse", approved September 16, 1984, as
27 amended; or
28 (11) Transmits or causes to be transmitted a false
29 report to any public safety agency without the reasonable
30 grounds necessary to believe that transmitting such a
31 report is necessary for the safety and welfare of the
32 public; or
33 (12) Calls the number "911" for the purpose of
34 making or transmitting a false alarm or complaint and
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1 reporting information when, at the time the call or
2 transmission is made, the person knows there is no
3 reasonable ground for making the call or transmission and
4 further knows that the call or transmission could result
5 in the emergency response of any public safety agency.
6 (b) Sentence.
7 (1) A violation of subsection (a) (1) of this Section is
8 a Class C misdemeanor. A violation of subsection (a) (7),
9 (a)(11), or (a)(12) of this Section is a Class A misdemeanor.
10 A violation of subsection (a) (5), (a) (8) or (a) (10) of
11 this Section is a Class B misdemeanor. A violation of
12 subsection (a) (2), (a) (3), (a)(4), or (a)(9) of this
13 Section is a Class 4 felony. A violation of subsection (a)(3)
14 of this Section is a Class 3 felony, for which a fine of not
15 less than $3,000 and no more than $10,000 shall be assessed
16 in addition to any other penalty imposed.
17 A violation of subsection (a) (6) of this Section is a
18 Business Offense and shall be punished by a fine not to
19 exceed $3,000. A second or subsequent violation of subsection
20 (a) (7), (a)(11), or (a)(12) of this Section is a Class 4
21 felony.
22 (c) In addition to any other sentence that may be
23 imposed, a court shall order any person convicted of
24 disorderly conduct to perform community service for not less
25 than 30 and not more than 120 hours, if community service is
26 available in the jurisdiction and is funded and approved by
27 the county board of the county where the offense was
28 committed. In addition, whenever any person is placed on
29 supervision for an alleged offense under this Section, the
30 supervision shall be conditioned upon the performance of the
31 community service.
32 This subsection does not apply when the court imposes a
33 sentence of incarceration.
34 (Source: P.A. 89-8, eff. 3-21-95; 90-456, eff. 1-1-98.)
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1 Section 10. The Unified Code of Corrections is amended
2 by changing Sections 3-6-3 and 5-8-1 as follows:
3 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
4 Sec. 3-6-3. Rules and Regulations for Early Release.
5 (a)(1) The Department of Corrections shall
6 prescribe rules and regulations for the early release on
7 account of good conduct of persons committed to the
8 Department which shall be subject to review by the
9 Prisoner Review Board.
10 (2) The rules and regulations on early release
11 shall provide, with respect to offenses committed on or
12 after June 19, 1998 the effective date of this amendatory
13 Act of 1998, the following:
14 (i) that a prisoner who is serving a term of
15 imprisonment for first degree murder shall receive
16 no good conduct credit and shall serve the entire
17 sentence imposed by the court;
18 (ii) that a prisoner serving a sentence for
19 attempt to commit first degree murder, solicitation
20 of murder, solicitation of murder for hire,
21 intentional homicide of an unborn child, predatory
22 criminal sexual assault of a child, aggravated
23 criminal sexual assault, criminal sexual assault,
24 aggravated kidnapping, aggravated battery with a
25 firearm, heinous battery, aggravated battery of a
26 senior citizen, or aggravated battery of a child
27 shall receive no more than 4.5 days of good conduct
28 credit for each month of his or her sentence of
29 imprisonment; and
30 (iii) that a prisoner serving a sentence for
31 home invasion, armed robbery, aggravated vehicular
32 hijacking, aggravated discharge of a firearm, or
33 armed violence with a category I weapon or category
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1 II weapon, when the court has made and entered a
2 finding, pursuant to subsection (c-1) of Section
3 5-4-1 of this Code, that the conduct leading to
4 conviction for the enumerated offense resulted in
5 great bodily harm to a victim, shall receive no more
6 than 4.5 days of good conduct credit for each month
7 of his or her sentence of imprisonment.
8 (2.1) For all offenses, other than those enumerated
9 in subdivision (a)(2) committed on or after June 19, 1998
10 the effective date of this amendatory Act of 1998, and
11 other than the offense of reckless homicide as defined in
12 subsection (e) of Section 9-3 of the Criminal Code of
13 1961 committed on or after January 1, 1999, the rules and
14 regulations shall provide that a prisoner who is serving
15 a term of imprisonment shall receive one day of good
16 conduct credit for each day of his or her sentence of
17 imprisonment or recommitment under Section 3-3-9. Each
18 day of good conduct credit shall reduce by one day the
19 prisoner's period of imprisonment or recommitment under
20 Section 3-3-9.
21 (2.2) A prisoner serving a term of natural life
22 imprisonment or a prisoner who has been sentenced to
23 death shall receive no good conduct credit.
24 (2.3) The rules and regulations on early release
25 shall provide that a prisoner who is serving a sentence
26 for reckless homicide as defined in subsection (e) of
27 Section 9-3 of the Criminal Code of 1961 committed on or
28 after January 1, 1999 shall receive no more than 4.5 days
29 of good conduct credit for each month of his or her
30 sentence of imprisonment.
31 (2.4) The rules and regulations on early release
32 shall provide with respect to the offenses of aggravated
33 battery with a machine gun or a firearm equipped with any
34 device or attachment designed or used for silencing the
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1 report of a firearm or aggravated discharge of a machine
2 gun or a firearm equipped with any device or attachment
3 designed or used for silencing the report of a firearm,
4 committed on or after the effective date of this
5 amendatory Act of 1999, that a prisoner serving a
6 sentence for any of these offenses shall receive no more
7 than 4.5 days of good conduct credit for each month of
8 his or her sentence of imprisonment.
9 (3) The rules and regulations shall also provide
10 that the Director may award up to 180 days additional
11 good conduct credit for meritorious service in specific
12 instances as the Director deems proper; except that no
13 more than 90 days of good conduct credit for meritorious
14 service shall be awarded to any prisoner who is serving a
15 sentence for conviction of first degree murder, reckless
16 homicide while under the influence of alcohol or any
17 other drug, aggravated kidnapping, kidnapping, predatory
18 criminal sexual assault of a child, aggravated criminal
19 sexual assault, criminal sexual assault, deviate sexual
20 assault, aggravated criminal sexual abuse, aggravated
21 indecent liberties with a child, indecent liberties with
22 a child, child pornography, heinous battery, aggravated
23 battery of a spouse, aggravated battery of a spouse with
24 a firearm, stalking, aggravated stalking, aggravated
25 battery of a child, endangering the life or health of a
26 child, cruelty to a child, or narcotic racketeering.
27 Notwithstanding the foregoing, good conduct credit for
28 meritorious service shall not be awarded on a sentence of
29 imprisonment imposed for conviction of: (i) one of the
30 offenses enumerated in subdivision (a)(2) when the
31 offense is committed on or after June 19, 1998, (ii)
32 reckless homicide as defined in subsection (e) of Section
33 9-3 of the Criminal Code of 1961 when the offense is
34 committed on or after January 1, 1999, or (iii) for
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1 conviction of one of the offenses enumerated in
2 subdivision (a)(2.4) when the offense is committed on or
3 after the effective date of this amendatory Act of 1998
4 the effective date of this amendatory Act of 1998.
5 (4) The rules and regulations shall also provide
6 that the good conduct credit accumulated and retained
7 under paragraph (2.1) of subsection (a) of this Section
8 by any inmate during specific periods of time in which
9 such inmate is engaged full-time in substance abuse
10 programs, correctional industry assignments, or
11 educational programs provided by the Department under
12 this paragraph (4) and satisfactorily completes the
13 assigned program as determined by the standards of the
14 Department, shall be multiplied by a factor of 1.25 for
15 program participation before August 11, 1993 and 1.50 for
16 program participation on or after that date. However, no
17 inmate shall be eligible for the additional good conduct
18 credit under this paragraph (4) while assigned to a boot
19 camp, mental health unit, or electronic detention, or if
20 convicted of an offense enumerated in paragraph (a)(2) of
21 this Section that is committed on or after June 19, 1998
22 the effective date of this amendatory Act of 1998, or if
23 convicted of reckless homicide as defined in subsection
24 (e) of Section 9-3 of the Criminal Code of 1961 if the
25 offense is committed on or after January 1, 1999, or if
26 convicted of an offense enumerated in paragraph (a)(2.4)
27 of this Section that is committed on or after the
28 effective date of this amendatory Act of 1999, or first
29 degree murder, a Class X felony, criminal sexual assault,
30 felony criminal sexual abuse, aggravated criminal sexual
31 abuse, aggravated battery with a firearm, or any
32 predecessor or successor offenses with the same or
33 substantially the same elements, or any inchoate offenses
34 relating to the foregoing offenses. No inmate shall be
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1 eligible for the additional good conduct credit under
2 this paragraph (4) who (i) has previously received
3 increased good conduct credit under this paragraph (4)
4 and has subsequently been convicted of a felony, or (ii)
5 has previously served more than one prior sentence of
6 imprisonment for a felony in an adult correctional
7 facility.
8 Educational, vocational, substance abuse and
9 correctional industry programs under which good conduct
10 credit may be increased under this paragraph (4) shall be
11 evaluated by the Department on the basis of documented
12 standards. The Department shall report the results of
13 these evaluations to the Governor and the General
14 Assembly by September 30th of each year. The reports
15 shall include data relating to the recidivism rate among
16 program participants.
17 Availability of these programs shall be subject to
18 the limits of fiscal resources appropriated by the
19 General Assembly for these purposes. Eligible inmates
20 who are denied immediate admission shall be placed on a
21 waiting list under criteria established by the
22 Department. The inability of any inmate to become engaged
23 in any such programs by reason of insufficient program
24 resources or for any other reason established under the
25 rules and regulations of the Department shall not be
26 deemed a cause of action under which the Department or
27 any employee or agent of the Department shall be liable
28 for damages to the inmate.
29 (5) Whenever the Department is to release any
30 inmate earlier than it otherwise would because of a grant
31 of good conduct credit for meritorious service given at
32 any time during the term, the Department shall give
33 reasonable advance notice of the impending release to the
34 State's Attorney of the county where the prosecution of
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1 the inmate took place.
2 (b) Whenever a person is or has been committed under
3 several convictions, with separate sentences, the sentences
4 shall be construed under Section 5-8-4 in granting and
5 forfeiting of good time.
6 (c) The Department shall prescribe rules and regulations
7 for revoking good conduct credit, or suspending or reducing
8 the rate of accumulation of good conduct credit for specific
9 rule violations, during imprisonment. These rules and
10 regulations shall provide that no inmate may be penalized
11 more than one year of good conduct credit for any one
12 infraction.
13 When the Department seeks to revoke, suspend or reduce
14 the rate of accumulation of any good conduct credits for an
15 alleged infraction of its rules, it shall bring charges
16 therefor against the prisoner sought to be so deprived of
17 good conduct credits before the Prisoner Review Board as
18 provided in subparagraph (a)(4) of Section 3-3-2 of this
19 Code, if the amount of credit at issue exceeds 30 days or
20 when during any 12 month period, the cumulative amount of
21 credit revoked exceeds 30 days except where the infraction is
22 committed or discovered within 60 days of scheduled release.
23 In those cases, the Department of Corrections may revoke up
24 to 30 days of good conduct credit. The Board may subsequently
25 approve the revocation of additional good conduct credit, if
26 the Department seeks to revoke good conduct credit in excess
27 of 30 days. However, the Board shall not be empowered to
28 review the Department's decision with respect to the loss of
29 30 days of good conduct credit within any calendar year for
30 any prisoner or to increase any penalty beyond the length
31 requested by the Department.
32 The Director of the Department of Corrections, in
33 appropriate cases, may restore up to 30 days good conduct
34 credits which have been revoked, suspended or reduced. Any
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1 restoration of good conduct credits in excess of 30 days
2 shall be subject to review by the Prisoner Review Board.
3 However, the Board may not restore good conduct credit in
4 excess of the amount requested by the Director.
5 Nothing contained in this Section shall prohibit the
6 Prisoner Review Board from ordering, pursuant to Section
7 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
8 the sentence imposed by the court that was not served due to
9 the accumulation of good conduct credit.
10 (d) If a lawsuit is filed by a prisoner in an Illinois
11 or federal court against the State, the Department of
12 Corrections, or the Prisoner Review Board, or against any of
13 their officers or employees, and the court makes a specific
14 finding that a pleading, motion, or other paper filed by the
15 prisoner is frivolous, the Department of Corrections shall
16 conduct a hearing to revoke up to 180 days of good conduct
17 credit by bringing charges against the prisoner sought to be
18 deprived of the good conduct credits before the Prisoner
19 Review Board as provided in subparagraph (a)(8) of Section
20 3-3-2 of this Code. If the prisoner has not accumulated 180
21 days of good conduct credit at the time of the finding, then
22 the Prisoner Review Board may revoke all good conduct credit
23 accumulated by the prisoner.
24 For purposes of this subsection (d):
25 (1) "Frivolous" means that a pleading, motion, or
26 other filing which purports to be a legal document filed
27 by a prisoner in his or her lawsuit meets any or all of
28 the following criteria:
29 (A) it lacks an arguable basis either in law
30 or in fact;
31 (B) it is being presented for any improper
32 purpose, such as to harass or to cause unnecessary
33 delay or needless increase in the cost of
34 litigation;
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1 (C) the claims, defenses, and other legal
2 contentions therein are not warranted by existing
3 law or by a nonfrivolous argument for the extension,
4 modification, or reversal of existing law or the
5 establishment of new law;
6 (D) the allegations and other factual
7 contentions do not have evidentiary support or, if
8 specifically so identified, are not likely to have
9 evidentiary support after a reasonable opportunity
10 for further investigation or discovery; or
11 (E) the denials of factual contentions are not
12 warranted on the evidence, or if specifically so
13 identified, are not reasonably based on a lack of
14 information or belief.
15 (2) "Lawsuit" means a petition for post-conviction
16 relief under Article 122 of the Code of Criminal
17 Procedure of 1963, a motion pursuant to Section 116-3 of
18 the Code of Criminal Procedure of 1963, a habeas corpus
19 action under Article X of the Code of Civil Procedure or
20 under federal law (28 U.S.C. 2254), a petition for claim
21 under the Court of Claims Act or an action under the
22 federal Civil Rights Act (42 U.S.C. 1983).
23 (e) Nothing in this amendatory Act of 1998 affects the
24 validity of Public Act 89-404. and other than the offense of
25 reckless homicide as defined in subsection (e) of Section 9-3
26 of the Criminal Code of 1961 committed on or after the
27 effective date of this amendatory Act of 1998, (2.3) The
28 rules and regulations on early release shall provide that a
29 prisoner who is serving sentence for reckless homicide as
30 defined in subsection (e) of Section 9-3 of the Criminal Code
31 of 1961 committed on or after the effective date of this
32 amendatory Act of 1998 shall receive no more than 4.5 days of
33 good conduct credit for each month of his or her sentence of
34 imprisonment.: (i) or (ii) reckless homicide as defined in
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1 subsection (e) of Section 9-3 of the Criminal Code of 1961
2 when the offense is committed on or after the effective date
3 of this amendatory Act of 1998 or if convicted of reckless
4 homicide as defined in subsection (e) of Section 9-3 of the
5 Criminal Code of 1961 if the offense is committed on or after
6 the effective date of this amendatory Act of 1998,
7 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
8 90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 11-25-98.)
9 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
10 Sec. 5-8-1. Sentence of Imprisonment for Felony.
11 (a) Except as otherwise provided in the statute defining
12 the offense, a sentence of imprisonment for a felony shall be
13 a determinate sentence set by the court under this Section,
14 according to the following limitations:
15 (1) for first degree murder,
16 (a) a term shall be not less than 20 years and
17 not more than 60 years, or
18 (a-5) if the court finds that the conduct
19 leading to the murder was streetgang related
20 criminal activity with the intent (i) to increase
21 the gang's size, membership, prestige, dominance, or
22 control in any geographical area, or (ii) to exact
23 revenge or retribution for any gang or member of the
24 gang, or (iii) to obstruct justice or intimidate or
25 eliminate any witness against the gang or any member
26 of the gang, or (iv) to directly or indirectly cause
27 any benefit, aggrandizement, gain, profit or other
28 advantage to or for the gang, its reputation,
29 influence or membership, the court shall sentence
30 the defendant to a term of not less than 30 and not
31 more than 60 years.
32 For the purpose of this Section, "streetgang" or "gang"
33 has the meaning ascribed to it by Section 10 of the Illinois
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1 Streetgang Terrorism Omnibus Prevention Act.
2 (b) if the court finds that the murder was
3 accompanied by exceptionally brutal or heinous
4 behavior indicative of wanton cruelty or, except as
5 set forth in subsection (a)(1)(c) of this Section,
6 that any of the aggravating factors listed in
7 subsection (b) of Section 9-1 of the Criminal Code
8 of 1961 are present, the court may sentence the
9 defendant to a term of natural life imprisonment, or
10 (c) the court shall sentence the defendant to
11 a term of natural life imprisonment when the death
12 penalty is not imposed if the defendant,
13 (i) has previously been convicted of
14 first degree murder under any state or federal
15 law, or
16 (ii) is a person who, at the time of the
17 commission of the murder, had attained the age
18 of 17 or more and is found guilty of murdering
19 an individual under 12 years of age; or,
20 irrespective of the defendant's age at the time
21 of the commission of the offense, is found
22 guilty of murdering more than one victim, or
23 (iii) is found guilty of murdering a
24 peace officer or fireman when the peace officer
25 or fireman was killed in the course of
26 performing his official duties, or to prevent
27 the peace officer or fireman from performing
28 his official duties, or in retaliation for the
29 peace officer or fireman performing his
30 official duties, and the defendant knew or
31 should have known that the murdered individual
32 was a peace officer or fireman, or
33 (iv) is found guilty of murdering an
34 employee of an institution or facility of the
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1 Department of Corrections, or any similar local
2 correctional agency, when the employee was
3 killed in the course of performing his official
4 duties, or to prevent the employee from
5 performing his official duties, or in
6 retaliation for the employee performing his
7 official duties, or
8 (v) is found guilty of murdering an
9 emergency medical technician - ambulance,
10 emergency medical technician - intermediate,
11 emergency medical technician - paramedic,
12 ambulance driver or other medical assistance or
13 first aid person while employed by a
14 municipality or other governmental unit when
15 the person was killed in the course of
16 performing official duties or to prevent the
17 person from performing official duties or in
18 retaliation for performing official duties and
19 the defendant knew or should have known that
20 the murdered individual was an emergency
21 medical technician - ambulance, emergency
22 medical technician - intermediate, emergency
23 medical technician - paramedic, ambulance
24 driver, or other medical assistant or first aid
25 personnel, or
26 (vi) is a person who, at the time of the
27 commission of the murder, had not attained the
28 age of 17, and is found guilty of murdering a
29 person under 12 years of age and the murder is
30 committed during the course of aggravated
31 criminal sexual assault, criminal sexual
32 assault, or aggravated kidnaping, or
33 (vii) is found guilty of first degree
34 murder and the murder was committed by reason
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1 of any person's activity as a community
2 policing volunteer or to prevent any person
3 from engaging in activity as a community
4 policing volunteer. For the purpose of this
5 Section, "community policing volunteer" has the
6 meaning ascribed to it in Section 2-3.5 of the
7 Criminal Code of 1961.
8 For purposes of clause (v), "emergency medical
9 technician - ambulance", "emergency medical
10 technician - intermediate", "emergency medical
11 technician - paramedic", have the meanings ascribed
12 to them in the Emergency Medical Services (EMS)
13 Systems Act.
14 (1.5) for second degree murder, a term shall be not
15 less than 4 years and not more than 20 years;
16 (2) for a person adjudged a habitual criminal under
17 Article 33B of the Criminal Code of 1961, as amended, the
18 sentence shall be a term of natural life imprisonment;
19 (2.5) for a person convicted under the
20 circumstances described in paragraph (3) of subsection
21 (b) of Section 12-13, paragraph (2) of subsection (d) of
22 Section 12-14, or paragraph (2) of subsection (b) of
23 Section 12-14.1 of the Criminal Code of 1961, the
24 sentence shall be a term of natural life imprisonment;
25 (3) except as otherwise provided in the statute
26 defining the offense, for a Class X felony, the sentence
27 shall be not less than 6 years and not more than 30
28 years;
29 (4) for a Class 1 felony, other than second degree
30 murder, the sentence shall be not less than 4 years and
31 not more than 15 years;
32 (5) for a Class 2 felony, the sentence shall be not
33 less than 3 years and not more than 7 years;
34 (6) for a Class 3 felony, the sentence shall be not
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1 less than 2 years and not more than 5 years;
2 (7) for a Class 4 felony, the sentence shall be not
3 less than 1 year and not more than 3 years.
4 (b) The sentencing judge in each felony conviction shall
5 set forth his reasons for imposing the particular sentence he
6 enters in the case, as provided in Section 5-4-1 of this
7 Code. Those reasons may include any mitigating or
8 aggravating factors specified in this Code, or the lack of
9 any such circumstances, as well as any other such factors as
10 the judge shall set forth on the record that are consistent
11 with the purposes and principles of sentencing set out in
12 this Code.
13 (c) A motion to reduce a sentence may be made, or the
14 court may reduce a sentence without motion, within 30 days
15 after the sentence is imposed. A defendant's challenge to
16 the correctness of a sentence or to any aspect of the
17 sentencing hearing shall be made by a written motion filed
18 within 30 days following the imposition of sentence.
19 However, the court may not increase a sentence once it is
20 imposed.
21 If a motion filed pursuant to this subsection is timely
22 filed within 30 days after the sentence is imposed, the
23 proponent of the motion shall exercise due diligence in
24 seeking a determination on the motion and the court shall
25 thereafter decide such motion within a reasonable time.
26 If a motion filed pursuant to this subsection is timely
27 filed within 30 days after the sentence is imposed, then for
28 purposes of perfecting an appeal, a final judgment shall not
29 be considered to have been entered until the motion to reduce
30 a sentence has been decided by order entered by the trial
31 court.
32 A motion filed pursuant to this subsection shall not be
33 considered to have been timely filed unless it is filed with
34 the circuit court clerk within 30 days after the sentence is
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1 imposed together with a notice of motion, which notice of
2 motion shall set the motion on the court's calendar on a date
3 certain within a reasonable time after the date of filing.
4 (d) Except where a term of natural life is imposed,
5 every sentence shall include as though written therein a term
6 in addition to the term of imprisonment. For those sentenced
7 under the law in effect prior to February 1, 1978, such term
8 shall be identified as a parole term. For those sentenced on
9 or after February 1, 1978, such term shall be identified as a
10 mandatory supervised release term. Subject to earlier
11 termination under Section 3-3-8, the parole or mandatory
12 supervised release term shall be as follows:
13 (1) for first degree murder or a Class X felony, 3
14 years;
15 (2) for a Class 1 felony or a Class 2 felony, 2
16 years;
17 (3) for a Class 3 felony or a Class 4 felony, 1
18 year.
19 (e) A defendant who has a previous and unexpired
20 sentence of imprisonment imposed by another state or by any
21 district court of the United States and who, after sentence
22 for a crime in Illinois, must return to serve the unexpired
23 prior sentence may have his sentence by the Illinois court
24 ordered to be concurrent with the prior sentence in the other
25 state. The court may order that any time served on the
26 unexpired portion of the sentence in the other state, prior
27 to his return to Illinois, shall be credited on his Illinois
28 sentence. The other state shall be furnished with a copy of
29 the order imposing sentence which shall provide that, when
30 the offender is released from confinement of the other state,
31 whether by parole or by termination of sentence, the offender
32 shall be transferred by the Sheriff of the committing county
33 to the Illinois Department of Corrections. The court shall
34 cause the Department of Corrections to be notified of such
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1 sentence at the time of commitment and to be provided with
2 copies of all records regarding the sentence.
3 (f) A defendant who has a previous and unexpired
4 sentence of imprisonment imposed by an Illinois circuit court
5 for a crime in this State and who is subsequently sentenced
6 to a term of imprisonment by another state or by any district
7 court of the United States and who has served a term of
8 imprisonment imposed by the other state or district court of
9 the United States, and must return to serve the unexpired
10 prior sentence imposed by the Illinois Circuit Court may
11 apply to the court which imposed sentence to have his
12 sentence reduced.
13 The circuit court may order that any time served on the
14 sentence imposed by the other state or district court of the
15 United States be credited on his Illinois sentence. Such
16 application for reduction of a sentence under this
17 subsection (f) shall be made within 30 days after the
18 defendant has completed the sentence imposed by the other
19 state or district court of the United States.
20 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
21 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff.
22 1-1-99.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.