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92_HB0576
LRB9204446ARsb
1 AN ACT to abolish the death penalty.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Department of State Police Law of the
5 Civil Administrative Code of Illinois is amended by changing
6 Section 2605-40 as follows:
7 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
8 Sec. 2605-40. Division of Forensic Services. The
9 Division of Forensic Services shall exercise the following
10 functions:
11 (1) Exercise the rights, powers, and duties vested
12 by law in the Department by the Criminal Identification
13 Act.
14 (2) Exercise the rights, powers, and duties vested
15 by law in the Department by Section 2605-300 of this Law.
16 (3) Provide assistance to local law enforcement
17 agencies through training, management, and consultant
18 services.
19 (4) (Blank).
20 (5) Exercise other duties that may be assigned by
21 the Director in order to fulfill the responsibilities and
22 achieve the purposes of the Department.
23 (6) Establish and operate a forensic science
24 laboratory system, including a forensic toxicological
25 laboratory service, for the purpose of testing specimens
26 submitted by coroners and other law enforcement officers
27 in their efforts to determine whether alcohol, drugs, or
28 poisonous or other toxic substances have been involved in
29 deaths, accidents, or illness. Forensic toxicological
30 laboratories shall be established in Springfield,
31 Chicago, and elsewhere in the State as needed.
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1 (7) Subject to specific appropriations made for
2 these purposes, establish and coordinate a system for
3 providing accurate and expedited forensic science and
4 other investigative and laboratory services to local law
5 enforcement agencies and local State's Attorneys in aid
6 of the investigation and trial of capital cases.
7 (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00;
8 91-589, eff. 1-1-00; 91-760, eff. 1-1-01.)
9 Section 5. The Criminal Identification Act is amended by
10 changing Section 2.1 as follows:
11 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
12 Sec. 2.1. For the purpose of maintaining complete and
13 accurate criminal records of the Department of State Police,
14 it is necessary for all policing bodies of this State, the
15 clerk of the circuit court, the Illinois Department of
16 Corrections, the sheriff of each county, and State's Attorney
17 of each county to submit certain criminal arrest, charge, and
18 disposition information to the Department for filing at the
19 earliest time possible. Unless otherwise noted herein, it
20 shall be the duty of all policing bodies of this State, the
21 clerk of the circuit court, the Illinois Department of
22 Corrections, the sheriff of each county, and the State's
23 Attorney of each county to report such information as
24 provided in this Section, both in the form and manner
25 required by the Department and within 30 days of the criminal
26 history event. Specifically:
27 (a) Arrest Information. All agencies making arrests for
28 offenses which are required by statute to be collected,
29 maintained or disseminated by the Department of State Police
30 shall be responsible for furnishing daily to the Department
31 fingerprints, charges and descriptions of all persons who are
32 arrested for such offenses. All such agencies shall also
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1 notify the Department of all decisions by the arresting
2 agency not to refer such arrests for prosecution. With
3 approval of the Department, an agency making such arrests may
4 enter into arrangements with other agencies for the purpose
5 of furnishing daily such fingerprints, charges and
6 descriptions to the Department upon its behalf.
7 (b) Charge Information. The State's Attorney of each
8 county shall notify the Department of all charges filed and
9 all petitions filed alleging that a minor is delinquent,
10 including all those added subsequent to the filing of a case,
11 and whether charges were not filed in cases for which the
12 Department has received information required to be reported
13 pursuant to paragraph (a) of this Section. With approval of
14 the Department, the State's Attorney may enter into
15 arrangements with other agencies for the purpose of
16 furnishing the information required by this subsection (b) to
17 the Department upon the State's Attorney's behalf.
18 (c) Disposition Information. The clerk of the circuit
19 court of each county shall furnish the Department, in the
20 form and manner required by the Supreme Court, with all final
21 dispositions of cases for which the Department has received
22 information required to be reported pursuant to paragraph (a)
23 or (d) of this Section. Such information shall include, for
24 each charge, all (1) judgments of not guilty, judgments of
25 guilty including the sentence pronounced by the court,
26 findings that a minor is delinquent and any sentence made
27 based on those findings, discharges and dismissals in the
28 court; (2) reviewing court orders filed with the clerk of the
29 circuit court which reverse or remand a reported conviction
30 or findings that a minor is delinquent or that vacate or
31 modify a sentence or sentence made following a trial that a
32 minor is delinquent; (3) continuances to a date certain in
33 furtherance of an order of supervision granted under Section
34 5-6-1 of the Unified Code of Corrections or an order of
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1 probation granted under Section 10 of the Cannabis Control
2 Act, Section 410 of the Illinois Controlled Substances Act,
3 Section 12-4.3 of the Criminal Code of 1961, Section 10-102
4 of the Illinois Alcoholism and Other Drug Dependency Act,
5 Section 40-10 of the Alcoholism and Other Drug Abuse and
6 Dependency Act, Section 10 of the Steroid Control Act, or
7 Section 5-615 of the Juvenile Court Act of 1987; and (4)
8 judgments or court orders terminating or revoking a sentence
9 to or juvenile disposition of probation, supervision or
10 conditional discharge and any resentencing or new court
11 orders entered by a juvenile court relating to the
12 disposition of a minor's case involving delinquency after
13 such revocation.
14 (d) Fingerprints After Sentencing.
15 (1) After the court pronounces sentence, sentences a
16 minor following a trial in which a minor was found to be
17 delinquent or issues an order of supervision or an order
18 of probation granted under Section 10 of the Cannabis
19 Control Act, Section 410 of the Illinois Controlled
20 Substances Act, Section 12-4.3 of the Criminal Code of
21 1961, Section 10-102 of the Illinois Alcoholism and Other
22 Drug Dependency Act, Section 40-10 of the Alcoholism and
23 Other Drug Abuse and Dependency Act, Section 10 of the
24 Steroid Control Act, or Section 5-615 of the Juvenile
25 Court Act of 1987 for any offense which is required by
26 statute to be collected, maintained, or disseminated by
27 the Department of State Police, the State's Attorney of
28 each county shall ask the court to order a law
29 enforcement agency to fingerprint immediately all persons
30 appearing before the court who have not previously been
31 fingerprinted for the same case. The court shall so order
32 the requested fingerprinting, if it determines that any
33 such person has not previously been fingerprinted for the
34 same case. The law enforcement agency shall submit such
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1 fingerprints to the Department daily.
2 (2) After the court pronounces sentence or makes a
3 disposition of a case following a finding of delinquency
4 for any offense which is not required by statute to be
5 collected, maintained, or disseminated by the Department
6 of State Police, the prosecuting attorney may ask the
7 court to order a law enforcement agency to fingerprint
8 immediately all persons appearing before the court who
9 have not previously been fingerprinted for the same case.
10 The court may so order the requested fingerprinting, if
11 it determines that any so sentenced person has not
12 previously been fingerprinted for the same case. The law
13 enforcement agency may retain such fingerprints in its
14 files.
15 (e) Corrections Information. The Illinois Department of
16 Corrections and the sheriff of each county shall furnish the
17 Department with all information concerning the receipt,
18 escape, execution before the effective date of this
19 amendatory Act of the 92nd General Assembly, death, release,
20 pardon, parole, commutation of sentence, granting of
21 executive clemency or discharge of an individual who has been
22 sentenced or committed to the agency's custody for any
23 offenses which are mandated by statute to be collected,
24 maintained or disseminated by the Department of State Police.
25 For an individual who has been charged with any such offense
26 and who escapes from custody or dies while in custody, all
27 information concerning the receipt and escape or death,
28 whichever is appropriate, shall also be so furnished to the
29 Department.
30 (Source: P.A. 90-590, eff. 1-1-00.)
31 (30 ILCS 105/5.490 rep.)
32 Section 10. The State Finance Act is amended by
33 repealing Section 5.490 (added by Public Act 91-589) on July
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1 1, 2003.
2 Section 15. The Counties Code is amended by changing
3 Sections 3-9005 and 3-4011 as follows:
4 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
5 Sec. 3-9005. Powers and duties of State's attorney.
6 (a) The duty of each State's attorney shall be:
7 (1) To commence and prosecute all actions, suits,
8 indictments and prosecutions, civil and criminal, in the
9 circuit court for his county, in which the people of the
10 State or county may be concerned.
11 (2) To prosecute all forfeited bonds and
12 recognizances, and all actions and proceedings for the
13 recovery of debts, revenues, moneys, fines, penalties and
14 forfeitures accruing to the State or his county, or to
15 any school district or road district in his county; also,
16 to prosecute all suits in his county against railroad or
17 transportation companies, which may be prosecuted in the
18 name of the People of the State of Illinois.
19 (3) To commence and prosecute all actions and
20 proceedings brought by any county officer in his official
21 capacity.
22 (4) To defend all actions and proceedings brought
23 against his county, or against any county or State
24 officer, in his official capacity, within his county.
25 (5) To attend the examination of all persons
26 brought before any judge on habeas corpus, when the
27 prosecution is in his county.
28 (6) To attend before judges and prosecute charges
29 of felony or misdemeanor, for which the offender is
30 required to be recognized to appear before the circuit
31 court, when in his power so to do.
32 (7) To give his opinion, without fee or reward, to
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1 any county officer in his county, upon any question or
2 law relating to any criminal or other matter, in which
3 the people or the county may be concerned.
4 (8) To assist the attorney general whenever it may
5 be necessary, and in cases of appeal from his county to
6 the Supreme Court, to which it is the duty of the
7 attorney general to attend, he shall furnish the attorney
8 general at least 10 days before such is due to be filed,
9 a manuscript of a proposed statement, brief and argument
10 to be printed and filed on behalf of the people, prepared
11 in accordance with the rules of the Supreme Court.
12 However, if such brief, argument or other document is due
13 to be filed by law or order of court within this 10 day
14 period, then the State's attorney shall furnish such as
15 soon as may be reasonable.
16 (9) To pay all moneys received by him in trust,
17 without delay, to the officer who by law is entitled to
18 the custody thereof.
19 (10) To notify, by first class mail, complaining
20 witnesses of the ultimate disposition of the cases
21 arising from an indictment or an information.
22 (11) To perform such other and further duties as
23 may, from time to time, be enjoined on him by law.
24 (12) To appear in all proceedings by collectors of
25 taxes against delinquent taxpayers for judgments to sell
26 real estate, and see that all the necessary preliminary
27 steps have been legally taken to make the judgment legal
28 and binding.
29 (b) The State's Attorney of each county shall have
30 authority to appoint one or more special investigators to
31 serve subpoenas, make return of process and conduct
32 investigations which assist the State's Attorney in the
33 performance of his duties. A special investigator shall not
34 carry firearms except with permission of the State's Attorney
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1 and only while carrying appropriate identification indicating
2 his employment and in the performance of his assigned duties.
3 Subject to the qualifications set forth in this
4 subsection, special investigators shall be peace officers and
5 shall have all the powers possessed by investigators under
6 the State's Attorneys Appellate Prosecutor's Act.
7 No special investigator employed by the State's Attorney
8 shall have peace officer status or exercise police powers
9 unless he or she successfully completes the basic police
10 training course mandated and approved by the Illinois Law
11 Enforcement Training Standards Board or such board waives the
12 training requirement by reason of the special investigator's
13 prior law enforcement experience or training or both. Any
14 State's Attorney appointing a special investigator shall
15 consult with all affected local police agencies, to the
16 extent consistent with the public interest, if the special
17 investigator is assigned to areas within that agency's
18 jurisdiction.
19 Before a person is appointed as a special investigator,
20 his fingerprints shall be taken and transmitted to the
21 Department of State Police. The Department shall examine its
22 records and submit to the State's Attorney of the county in
23 which the investigator seeks appointment any conviction
24 information concerning the person on file with the
25 Department. No person shall be appointed as a special
26 investigator if he has been convicted of a felony or other
27 offense involving moral turpitude. A special investigator
28 shall be paid a salary and be reimbursed for actual expenses
29 incurred in performing his assigned duties. The county board
30 shall approve the salary and actual expenses and appropriate
31 the salary and expenses in the manner prescribed by law or
32 ordinance.
33 (c) The State's Attorney may request and receive from
34 employers, labor unions, telephone companies, and utility
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1 companies location information concerning putative fathers
2 and noncustodial parents for the purpose of establishing a
3 child's paternity or establishing, enforcing, or modifying a
4 child support obligation. In this subsection, "location
5 information" means information about (i) the physical
6 whereabouts of a putative father or noncustodial parent, (ii)
7 the putative father or noncustodial parent's employer, or
8 (iii) the salary, wages, and other compensation paid and the
9 health insurance coverage provided to the putative father or
10 noncustodial parent by the employer of the putative father or
11 noncustodial parent or by a labor union of which the putative
12 father or noncustodial parent is a member.
13 (d) For each State fiscal year, the State's Attorney of
14 Cook County shall appear before the General Assembly and
15 request appropriations to be made from the Capital Litigation
16 Trust Fund to the State Treasurer for the purpose of
17 providing assistance in the prosecution of capital cases in
18 Cook County. The State's Attorney may appear before the
19 General Assembly at other times during the State's fiscal
20 year to request supplemental appropriations from the Trust
21 Fund to the State Treasurer.
22 (Source: P.A. 91-589, eff. 1-1-00.)
23 (55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)
24 Sec. 3-4011. Expenses and legal services for indigent
25 defendants in felony cases. It shall be the duty of the
26 county board in counties containing fewer than 500,000
27 inhabitants to appropriate a sufficient sum for the purpose
28 of paying for the legal services necessarily rendered for the
29 defense of indigent persons in felony cases, and for costs,
30 expenses and legal services necessary in the prosecution of
31 an appeal when the sentence is death and the sentence was
32 imposed before the effective date of this amendatory Act of
33 the 92nd General Assembly, which is to be paid upon the
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1 orders of a court of competent jurisdiction. It shall
2 likewise be the duty of the county board in counties
3 containing fewer than 500,000 inhabitants to appropriate a
4 sufficient sum for the payment of out of pocket expenses
5 necessarily incurred by appointed counsel in the prosecution
6 of an appeal on behalf of an indigent incarcerated defendant
7 in felony cases. In such cases payment shall be made upon the
8 order of the reviewing court.
9 (Source: P.A. 86-962.)
10 (55 ILCS 5/3-4006.1 rep.)
11 Section 20. The Counties Code is amended by repealing
12 Section 3-4006.1.
13 Section 25. The School Code is amended by changing
14 Section 21-23b as follows:
15 (105 ILCS 5/21-23b) (from Ch. 122, par. 21-23b)
16 Sec. 21-23b. Conviction of felony.
17 (a) Whenever the holder of any certificate issued under
18 this Article is employed by the school board of any school
19 district, including a special charter district or school
20 district organized under Article 34, and is convicted, either
21 after a bench trial, trial by jury, or plea of guilty, of any
22 offense for which a sentence to death or a term of
23 imprisonment in a penitentiary for one year or more is
24 provided, the school board shall promptly notify the State
25 Board of Education in writing of the name of the certificate
26 holder, the fact of the conviction, and the name and location
27 of the court in which the conviction occurred.
28 (b) Whenever the State Board of Education receives
29 notice of a conviction under subsection (a) or otherwise
30 learns that any person who is a "teacher" as that term is
31 defined in Section 16-106 of the Illinois Pension Code has
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1 been convicted, either after a bench trial, trial by jury, or
2 plea of guilty, of any offense for which a sentence to death
3 or a term of imprisonment in a penitentiary for one year or
4 more is provided, the State Board of Education shall promptly
5 notify in writing the board of trustees of the Teachers'
6 Retirement System of the State of Illinois and the board of
7 trustees of the Public School Teachers' Pension and
8 Retirement Fund of the City of Chicago of the name of the
9 certificate holder or teacher, the fact of the conviction,
10 the name and location of the court in which the conviction
11 occurred, and the number assigned in that court to the case
12 in which the conviction occurred.
13 (Source: P.A. 87-1001.)
14 Section 30. The Illinois Public Aid Code is amended by
15 changing Section 1-8 as follows:
16 (305 ILCS 5/1-8)
17 Sec. 1-8. Fugitives ineligible.
18 (a) The following persons are not eligible for aid under
19 this Code, or federal food stamps or federal food stamp
20 benefits:
21 (1) A person who has fled from the jurisdiction of
22 any court of record of this or any other state or of the
23 United States to avoid prosecution for a felony or to
24 avoid giving testimony in any criminal proceeding
25 involving the alleged commission of a felony.
26 (2) A person who has fled to avoid imprisonment in
27 a correctional facility of this or any other state or the
28 United States for having committed a felony.
29 (3) A person who has escaped from a correctional
30 facility of this or any other state or the United States
31 if the person was incarcerated for having committed a
32 felony.
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1 (4) A person who is violating a condition of
2 probation or parole imposed under federal or State law.
3 In this Section, "felony" means a violation of a penal
4 statute of this State for which a sentence to a term of
5 imprisonment in a penitentiary for one year or more is
6 provided or a violation of a penal statute of or any other
7 state or the United States for which a sentence to death or
8 to a term of imprisonment in a penitentiary for one year or
9 more is provided.
10 To implement this Section, the Illinois Department may
11 exchange necessary information with an appropriate law
12 enforcement agency of this or any other state, a political
13 subdivision of this or any other state, or the United States.
14 (b) The Illinois Department shall apply for all waivers
15 of federal law and regulations necessary to implement this
16 Section, and implementation of this Section is contingent on
17 the Illinois Department's receipt of those waivers.
18 (Source: P.A. 89-489, eff. 1-1-97; 90-17, eff. 7-1-97.)
19 Section 35. The Criminal Code of 1961 is amended by
20 changing Sections 2-7, 7-10, 9-1, 9-1.2, 30-1, and 33B-1 as
21 follows:
22 (720 ILCS 5/2-7) (from Ch. 38, par. 2-7)
23 Sec. 2-7. "Felony".
24 "Felony" means an offense for which a sentence to death
25 or to a term of imprisonment in a penitentiary for one year
26 or more is provided.
27 (Source: P.A. 77-2638.)
28 (720 ILCS 5/7-10) (from Ch. 38, par. 7-10)
29 Sec. 7-10. Execution of death sentence.
30 A public officer who, in the exercise of his official
31 duty, puts a person to death pursuant to a sentence of a
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1 court of competent jurisdiction made before the effective
2 date of this amendatory Act of the 92nd General Assembly, is
3 justified if he acts in accordance with the sentence
4 pronounced and the law prescribing the procedure for
5 execution of a death sentence.
6 (Source: Laws 1961, p. 1983.)
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 a term of natural life imprisonment 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;
32 or
33 (2) the murdered individual was an employee of an
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1 institution or facility of the Department of Corrections,
2 or any similar local correctional agency, killed in the
3 course of performing his official duties, to prevent the
4 performance of his official duties, or in retaliation for
5 performing his official duties, or the murdered
6 individual was an inmate at such institution or facility
7 and was killed on the grounds thereof, or the murdered
8 individual was otherwise present in such institution or
9 facility with the knowledge and approval of the chief
10 administrative officer thereof; or
11 (3) the defendant has been convicted of murdering
12 two or more individuals under subsection (a) of this
13 Section or under any law of the United States or of any
14 state which is substantially similar to subsection (a) of
15 this Section regardless of whether the deaths occurred
16 as the result of the same act or of several related or
17 unrelated acts so long as the deaths were the result of
18 either an intent to kill more than one person or of
19 separate acts which the defendant knew would cause death
20 or create a strong probability of death or great bodily
21 harm to the murdered individual or another; or
22 (4) the murdered individual was killed as a result
23 of the hijacking of an airplane, train, ship, bus or
24 other public conveyance; or
25 (5) the defendant committed the murder pursuant to
26 a contract, agreement or understanding by which he was to
27 receive money or anything of value in return for
28 committing the murder or procured another to commit the
29 murder for money or anything of value; or
30 (6) the murdered individual was killed in the
31 course of another felony if:
32 (a) the murdered individual:
33 (i) was actually killed by the defendant,
34 or
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1 (ii) received physical injuries
2 personally inflicted by the defendant
3 substantially contemporaneously with physical
4 injuries caused by one or more persons for
5 whose conduct the defendant is legally
6 accountable under Section 5-2 of this Code, and
7 the physical injuries inflicted by either the
8 defendant or the other person or persons for
9 whose conduct he is legally accountable caused
10 the death of the murdered individual; and
11 (b) in performing the acts which caused the
12 death of the murdered individual or which resulted
13 in physical injuries personally inflicted by the
14 defendant on the murdered individual under the
15 circumstances of subdivision (ii) of subparagraph
16 (a) of paragraph (6) of subsection (b) of this
17 Section, the defendant acted with the intent to kill
18 the murdered individual or with the knowledge that
19 his acts created a strong probability of death or
20 great bodily harm to the murdered individual or
21 another; and
22 (c) the other felony was one of the following:
23 armed robbery, armed violence, robbery, predatory
24 criminal sexual assault of a child, aggravated
25 criminal sexual assault, aggravated kidnapping,
26 aggravated vehicular hijacking, forcible detention,
27 arson, aggravated arson, aggravated stalking,
28 burglary, residential burglary, home invasion,
29 calculated criminal drug conspiracy as defined in
30 Section 405 of the Illinois Controlled Substances
31 Act, streetgang criminal drug conspiracy as defined
32 in Section 405.2 of the Illinois Controlled
33 Substances Act, or the attempt to commit any of the
34 felonies listed in this subsection (c); or
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1 (7) the murdered individual was under 12 years of
2 age and the death resulted from exceptionally brutal or
3 heinous behavior indicative of wanton cruelty; or
4 (8) the defendant committed the murder with intent
5 to prevent the murdered individual from testifying in any
6 criminal prosecution or giving material assistance to the
7 State in any investigation or prosecution, either against
8 the defendant or another; or the defendant committed the
9 murder because the murdered individual was a witness in
10 any prosecution or gave material assistance to the State
11 in any investigation or prosecution, either against the
12 defendant or another; or
13 (9) the defendant, while committing an offense
14 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
15 407 or 407.1 or subsection (b) of Section 404 of the
16 Illinois Controlled Substances Act, or while engaged in a
17 conspiracy or solicitation to commit such offense,
18 intentionally killed an individual or counseled,
19 commanded, induced, procured or caused the intentional
20 killing of the murdered individual; or
21 (10) the defendant was incarcerated in an
22 institution or facility of the Department of Corrections
23 at the time of the murder, and while committing an
24 offense punishable as a felony under Illinois law, or
25 while engaged in a conspiracy or solicitation to commit
26 such offense, intentionally killed an individual or
27 counseled, commanded, induced, procured or caused the
28 intentional killing of the murdered individual; or
29 (11) the murder was committed in a cold, calculated
30 and premeditated manner pursuant to a preconceived plan,
31 scheme or design to take a human life by unlawful means,
32 and the conduct of the defendant created a reasonable
33 expectation that the death of a human being would result
34 therefrom; or
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1 (12) the murdered individual was an emergency
2 medical technician - ambulance, emergency medical
3 technician - intermediate, emergency medical technician -
4 paramedic, ambulance driver, or other medical assistance
5 or first aid personnel, employed by a municipality or
6 other governmental unit, killed in the course of
7 performing his official duties, to prevent the
8 performance of his official duties, or in retaliation for
9 performing his official duties, and the defendant knew or
10 should have known that the murdered individual was an
11 emergency medical technician - ambulance, emergency
12 medical technician - intermediate, emergency medical
13 technician - paramedic, ambulance driver, or other
14 medical assistance or first aid personnel; or
15 (13) the defendant was a principal administrator,
16 organizer, or leader of a calculated criminal drug
17 conspiracy consisting of a hierarchical position of
18 authority superior to that of all other members of the
19 conspiracy, and the defendant counseled, commanded,
20 induced, procured, or caused the intentional killing of
21 the murdered person; or
22 (14) the murder was intentional and involved the
23 infliction of torture. For the purpose of this Section
24 torture means the infliction of or subjection to extreme
25 physical pain, motivated by an intent to increase or
26 prolong the pain, suffering or agony of the victim; or
27 (15) the murder was committed as a result of the
28 intentional discharge of a firearm by the defendant from
29 a motor vehicle and the victim was not present within the
30 motor vehicle; or
31 (16) the murdered individual was 60 years of age or
32 older and the death resulted from exceptionally brutal or
33 heinous behavior indicative of wanton cruelty; or
34 (17) the murdered individual was a disabled person
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1 and the defendant knew or should have known that the
2 murdered individual was disabled. For purposes of this
3 paragraph (17), "disabled person" means a person who
4 suffers from a permanent physical or mental impairment
5 resulting from disease, an injury, a functional disorder,
6 or a congenital condition that renders the person
7 incapable of adequately providing for his or her own
8 health or personal care; or
9 (18) the murder was committed by reason of any
10 person's activity as a community policing volunteer or to
11 prevent any person from engaging in activity as a
12 community policing volunteer; or
13 (19) the murdered individual was subject to an
14 order of protection and the murder was committed by a
15 person against whom the same order of protection was
16 issued under the Illinois Domestic Violence Act of 1986;
17 or
18 (20) the murdered individual was known by the
19 defendant to be a teacher or other person employed in any
20 school and the teacher or other employee is upon the
21 grounds of a school or grounds adjacent to a school, or
22 is in any part of a building used for school purposes.
23 (c) (Blank). Consideration of factors in Aggravation
24 and Mitigation.
25 The court shall consider, or shall instruct the jury to
26 consider any aggravating and any mitigating factors which are
27 relevant to the imposition of the death penalty. Aggravating
28 factors may include but need not be limited to those factors
29 set forth in subsection (b). Mitigating factors may include
30 but need not be limited to the following:
31 (1) the defendant has no significant history of
32 prior criminal activity;
33 (2) the murder was committed while the defendant
34 was under the influence of extreme mental or emotional
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1 disturbance, although not such as to constitute a defense
2 to prosecution;
3 (3) the murdered individual was a participant in
4 the defendant's homicidal conduct or consented to the
5 homicidal act;
6 (4) the defendant acted under the compulsion of
7 threat or menace of the imminent infliction of death or
8 great bodily harm;
9 (5) the defendant was not personally present during
10 commission of the act or acts causing death.
11 (d) (Blank). Separate sentencing hearing.
12 Where requested by the State, the court shall conduct a
13 separate sentencing proceeding to determine the existence of
14 factors set forth in subsection (b) and to consider any
15 aggravating or mitigating factors as indicated in subsection
16 (c). The proceeding shall be conducted:
17 (1) before the jury that determined the defendant's
18 guilt; or
19 (2) before a jury impanelled for the purpose of the
20 proceeding if:
21 A. the defendant was convicted upon a plea of
22 guilty; or
23 B. the defendant was convicted after a trial
24 before the court sitting without a jury; or
25 C. the court for good cause shown discharges
26 the jury that determined the defendant's guilt; or
27 (3) before the court alone if the defendant waives
28 a jury for the separate proceeding.
29 (e) (Blank). Evidence and Argument.
30 During the proceeding any information relevant to any of
31 the factors set forth in subsection (b) may be presented by
32 either the State or the defendant under the rules governing
33 the admission of evidence at criminal trials. Any
34 information relevant to any additional aggravating factors or
-20- LRB9204446ARsb
1 any mitigating factors indicated in subsection (c) may be
2 presented by the State or defendant regardless of its
3 admissibility under the rules governing the admission of
4 evidence at criminal trials. The State and the defendant
5 shall be given fair opportunity to rebut any information
6 received at the hearing.
7 (f) (Blank). Proof.
8 The burden of proof of establishing the existence of any
9 of the factors set forth in subsection (b) is on the State
10 and shall not be satisfied unless established beyond a
11 reasonable doubt.
12 (g) (Blank). Procedure - Jury.
13 If at the separate sentencing proceeding the jury finds
14 that none of the factors set forth in subsection (b) exists,
15 the court shall sentence the defendant to a term of
16 imprisonment under Chapter V of the Unified Code of
17 Corrections. If there is a unanimous finding by the jury
18 that one or more of the factors set forth in subsection (b)
19 exist, the jury shall consider aggravating and mitigating
20 factors as instructed by the court and shall determine
21 whether the sentence of death shall be imposed. If the jury
22 determines unanimously that there are no mitigating factors
23 sufficient to preclude the imposition of the death sentence,
24 the court shall sentence the defendant to death.
25 Unless the jury unanimously finds that there are no
26 mitigating factors sufficient to preclude the imposition of
27 the death sentence the court shall sentence the defendant to
28 a term of imprisonment under Chapter V of the Unified Code of
29 Corrections.
30 (h) (Blank). Procedure - No Jury.
31 In a proceeding before the court alone, if the court
32 finds that none of the factors found in subsection (b)
33 exists, the court shall sentence the defendant to a term of
34 imprisonment under Chapter V of the Unified Code of
-21- LRB9204446ARsb
1 Corrections.
2 If the Court determines that one or more of the factors
3 set forth in subsection (b) exists, the Court shall consider
4 any aggravating and mitigating factors as indicated in
5 subsection (c). If the Court determines that there are no
6 mitigating factors sufficient to preclude the imposition of
7 the death sentence, the Court shall sentence the defendant to
8 death.
9 Unless the court finds that there are no mitigating
10 factors sufficient to preclude the imposition of the sentence
11 of death, the court shall sentence the defendant to a term of
12 imprisonment under Chapter V of the Unified Code of
13 Corrections.
14 (i) (Blank). Appellate Procedure.
15 The conviction and sentence of death shall be subject to
16 automatic review by the Supreme Court. Such review shall be
17 in accordance with rules promulgated by the Supreme Court.
18 (j) (Blank). Disposition of reversed death sentence.
19 In the event that the death penalty in this Act is held
20 to be unconstitutional by the Supreme Court of the United
21 States or of the State of Illinois, any person convicted of
22 first degree murder shall be sentenced by the court to a term
23 of imprisonment under Chapter V of the Unified Code of
24 Corrections.
25 In the event that any death sentence pursuant to the
26 sentencing provisions of this Section is declared
27 unconstitutional by the Supreme Court of the United States or
28 of the State of Illinois, the court having jurisdiction over
29 a person previously sentenced to death shall cause the
30 defendant to be brought before the court, and the court shall
31 sentence the defendant to a term of imprisonment under
32 Chapter V of the Unified Code of Corrections.
33 (Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99;
34 90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff.
-22- LRB9204446ARsb
1 1-1-00.)
2 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
3 Sec. 9-1.2. Intentional Homicide of an Unborn Child.
4 (a) A person commits the offense of intentional homicide
5 of an unborn child if, in performing acts which cause the
6 death of an unborn child, he without lawful justification:
7 (1) either intended to cause the death of or do
8 great bodily harm to the pregnant woman or her unborn
9 child or knew that such acts would cause death or great
10 bodily harm to the pregnant woman or her unborn child; or
11 (2) he knew that his acts created a strong
12 probability of death or great bodily harm to the pregnant
13 woman or her unborn child; and
14 (3) he knew that the woman was pregnant.
15 (b) For purposes of this Section, (1) "unborn child"
16 shall mean any individual of the human species from
17 fertilization until birth, and (2) "person" shall not include
18 the pregnant woman whose unborn child is killed.
19 (c) This Section shall not apply to acts which cause the
20 death of an unborn child if those acts were committed during
21 any abortion, as defined in Section 2 of the Illinois
22 Abortion Law of 1975, as amended, to which the pregnant woman
23 has consented. This Section shall not apply to acts which
24 were committed pursuant to usual and customary standards of
25 medical practice during diagnostic testing or therapeutic
26 treatment.
27 (d) Penalty. The sentence for intentional homicide of
28 an unborn child shall be the same as for first degree murder,
29 except that:
30 (1) (Blank); the death penalty may not be imposed;
31 (2) if the person committed the offense while armed
32 with a firearm, 15 years shall be added to the term of
33 imprisonment imposed by the court;
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1 (3) if, during the commission of the offense, the
2 person personally discharged a firearm, 20 years shall be
3 added to the term of imprisonment imposed by the court;
4 (4) if, during the commission of the offense, the
5 person personally discharged a firearm that proximately
6 caused great bodily harm, permanent disability, permanent
7 disfigurement, or death to another person, 25 years or up
8 to a term of natural life shall be added to the term of
9 imprisonment imposed by the court.
10 (e) The provisions of this Act shall not be construed to
11 prohibit the prosecution of any person under any other
12 provision of law.
13 (Source: P.A. 91-404, eff. 1-1-00.)
14 (720 ILCS 5/30-1) (from Ch. 38, par. 30-1)
15 Sec. 30-1. Treason. (a) A person owing allegiance to this
16 State commits treason when he or she knowingly:
17 (1) Levies war against this State; or
18 (2) Adheres to the enemies of this State, giving
19 them aid or comfort.
20 (b) No person may be convicted of treason except on the
21 testimony of 2 witnesses to the same overt act, or on his
22 confession in open court.
23 (c) Sentence. Treason is a Class X felony for which an
24 offender may be sentenced to death under Section 5-5-3 of the
25 Unified Code of Corrections.
26 (Source: P.A. 80-1099.)
27 (720 ILCS 5/33B-1) (from Ch. 38, par. 33B-1)
28 Sec. 33B-1. (a) Every person who has been twice
29 convicted in any state or federal court of an offense that
30 contains the same elements as an offense now classified in
31 Illinois as a Class X felony, criminal sexual assault,
32 aggravated kidnapping or first degree murder, and is
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1 thereafter convicted of a Class X felony, criminal sexual
2 assault or first degree murder, committed after the 2 prior
3 convictions, shall be adjudged an habitual criminal.
4 (b) The 2 prior convictions need not have been for the
5 same offense.
6 (c) Any convictions which result from or are connected
7 with the same transaction, or result from offenses committed
8 at the same time, shall be counted for the purposes of this
9 Section as one conviction.
10 (d) This Article shall not apply unless each of the
11 following requirements are satisfied:
12 (1) the third offense was committed after the
13 effective date of this Act;
14 (2) the third offense was committed within 20 years
15 of the date that judgment was entered on the first
16 conviction, provided, however, that time spent in custody
17 shall not be counted;
18 (3) the third offense was committed after
19 conviction on the second offense;
20 (4) the second offense was committed after
21 conviction on the first offense.
22 (e) Except when the death penalty is imposed, Anyone
23 adjudged an habitual criminal shall be sentenced to life
24 imprisonment.
25 (Source: P.A. 88-677, eff. 12-15-94.)
26 Section 40. The Cannabis Control Act is amended by
27 changing Section 9 as follows:
28 (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
29 Sec. 9. (a) Any person who engages in a calculated
30 criminal cannabis conspiracy, as defined in subsection (b),
31 is guilty of a Class 3 felony, and fined not more than
32 $200,000 and shall be subject to the forfeitures prescribed
-25- LRB9204446ARsb
1 in subsection (c); except that, if any person engages in such
2 offense after one or more prior convictions under this
3 Section, Section 4 (d), Section 5 (d), Section 8 (d) or any
4 law of the United States or of any State relating to
5 cannabis, or controlled substances as defined in the Illinois
6 Controlled Substances Act, in addition to the fine and
7 forfeiture authorized above, he shall be guilty of a Class 1
8 felony for which an offender may not be sentenced to death.
9 (b) For purposes of this section, a person engages in a
10 calculated criminal cannabis conspiracy when:
11 (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8
12 (c) or 8 (d) of this Act; and
13 (2) such violation is a part of a conspiracy undertaken
14 or carried on with 2 or more other persons; and
15 (3) he obtains anything of value greater than $500 from,
16 or organizes, directs or finances such violation or
17 conspiracy.
18 (c) Any person who is convicted under this Section of
19 engaging in a calculated criminal cannabis conspiracy shall
20 forfeit to the State of Illinois:
21 (1) the receipts obtained by him in such conspiracy; and
22 (2) any of his interests in, claims against, receipts
23 from, or property or rights of any kind affording a source of
24 influence over, such conspiracy.
25 (d) The circuit court may enter such injunctions,
26 restraining orders, directions, or prohibitions, or take such
27 other actions, including the acceptance of satisfactory
28 performance bonds, in connection with any property, claim,
29 receipt, right or other interest subject to forfeiture under
30 this Section, as it deems proper.
31 (Source: P.A. 84-1233.)
32 Section 45. The Code of Criminal Procedure of 1963 is
33 amended by changing Sections 104-26, 113-3, 114-5, 115-4,
-26- LRB9204446ARsb
1 115-4.1, 119-5, 121-13, 122-1, 122-2.1 and 122-4 as follows:
2 (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
3 Sec. 104-26. Disposition of Defendants suffering
4 disabilities.
5 (a) A defendant convicted following a trial conducted
6 under the provisions of Section 104-22 shall not be sentenced
7 before a written presentence report of investigation is
8 presented to and considered by the court. The presentence
9 report shall be prepared pursuant to Sections 5-3-2, 5-3-3
10 and 5-3-4 of the Unified Code of Corrections, as now or
11 hereafter amended, and shall include a physical and mental
12 examination unless the court finds that the reports of prior
13 physical and mental examinations conducted pursuant to this
14 Article are adequate and recent enough so that additional
15 examinations would be unnecessary.
16 (b) (Blank). A defendant convicted following a trial
17 under Section 104-22 shall not be subject to the death
18 penalty.
19 (c) A defendant convicted following a trial under
20 Section 104-22 shall be sentenced according to the procedures
21 and dispositions authorized under the Unified Code of
22 Corrections, as now or hereafter amended, subject to the
23 following provisions:
24 (1) The court shall not impose a sentence of
25 imprisonment upon the offender if the court believes that
26 because of his disability a sentence of imprisonment
27 would not serve the ends of justice and the interests of
28 society and the offender or that because of his
29 disability a sentence of imprisonment would subject the
30 offender to excessive hardship. In addition to any other
31 conditions of a sentence of conditional discharge or
32 probation the court may require that the offender undergo
33 treatment appropriate to his mental or physical
-27- LRB9204446ARsb
1 condition.
2 (2) After imposing a sentence of imprisonment upon
3 an offender who has a mental disability, the court may
4 remand him to the custody of the Department of Human
5 Services and order a hearing to be conducted pursuant to
6 the provisions of the Mental Health and Developmental
7 Disabilities Code, as now or hereafter amended. If the
8 offender is committed following such hearing, he shall be
9 treated in the same manner as any other civilly committed
10 patient for all purposes except as provided in this
11 Section. If the defendant is not committed pursuant to
12 such hearing, he shall be remanded to the sentencing
13 court for disposition according to the sentence imposed.
14 (3) If the court imposes a sentence of imprisonment
15 upon an offender who has a mental disability but does not
16 proceed under subparagraph (2) of paragraph (c) of this
17 Section, it shall order the Department of Corrections to
18 proceed pursuant to Section 3-8-5 of the Unified Code of
19 Corrections, as now or hereafter amended.
20 (4) If the court imposes a sentence of imprisonment
21 upon an offender who has a physical disability, it may
22 authorize the Department of Corrections to place the
23 offender in a public or private facility which is able to
24 provide care or treatment for the offender's disability
25 and which agrees to do so.
26 (5) When an offender is placed with the Department
27 of Human Services or another facility pursuant to
28 subparagraph (2) or (4) of this paragraph (c), the
29 Department or private facility shall not discharge or
30 allow the offender to be at large in the community
31 without prior approval of the court. If the defendant is
32 placed in the custody of the Department of Human
33 Services, the defendant shall be placed in a secure
34 setting unless the court determines that there are
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1 compelling reasons why such placement is not necessary.
2 The offender shall accrue good time and shall be eligible
3 for parole in the same manner as if he were serving his
4 sentence within the Department of Corrections. When the
5 offender no longer requires hospitalization, care, or
6 treatment, the Department of Human Services or the
7 facility shall transfer him, if his sentence has not
8 expired, to the Department of Corrections. If an
9 offender is transferred to the Department of Corrections,
10 the Department of Human Services shall transfer to the
11 Department of Corrections all related records pertaining
12 to length of custody and treatment services provided
13 during the time the offender was held.
14 (6) The Department of Corrections shall notify the
15 Department of Human Services or a facility in which an
16 offender has been placed pursuant to subparagraph (2) or
17 (4) of paragraph (c) of this Section of the expiration of
18 his sentence. Thereafter, an offender in the Department
19 of Human Services shall continue to be treated pursuant
20 to his commitment order and shall be considered a civilly
21 committed patient for all purposes including discharge.
22 An offender who is in a facility pursuant to subparagraph
23 (4) of paragraph (c) of this Section shall be informed by
24 the facility of the expiration of his sentence, and shall
25 either consent to the continuation of his care or
26 treatment by the facility or shall be discharged.
27 (Source: P.A. 89-507, eff. 7-1-97.)
28 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
29 Sec. 113-3. (a) Every person charged with an offense
30 shall be allowed counsel before pleading to the charge. If
31 the defendant desires counsel and has been unable to obtain
32 same before arraignment the court shall recess court or
33 continue the cause for a reasonable time to permit defendant
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1 to obtain counsel and consult with him before pleading to the
2 charge. If the accused is a dissolved corporation, and is not
3 represented by counsel, the court may, in the interest of
4 justice, appoint as counsel a licensed attorney of this
5 State.
6 (b) In all cases, except where the penalty is a fine
7 only, if the court determines that the defendant is indigent
8 and desires counsel, the Public Defender shall be appointed
9 as counsel. If there is no Public Defender in the county or
10 if the defendant requests counsel other than the Public
11 Defender and the court finds that the rights of the defendant
12 will be prejudiced by the appointment of the Public Defender,
13 the court shall appoint as counsel a licensed attorney at law
14 of this State, except that in a county having a population of
15 2,000,000 1,000,000 or more the Public Defender shall be
16 appointed as counsel in all misdemeanor cases where the
17 defendant is indigent and desires counsel unless the case
18 involves multiple defendants, in which case the court may
19 appoint counsel other than the Public Defender for the
20 additional defendants. The court shall require an affidavit
21 signed by any defendant who requests court-appointed counsel.
22 Such affidavit shall be in the form established by the
23 Supreme Court containing sufficient information to ascertain
24 the assets and liabilities of that defendant. The Court may
25 direct the Clerk of the Circuit Court to assist the defendant
26 in the completion of the affidavit. Any person who knowingly
27 files such affidavit containing false information concerning
28 his assets and liabilities shall be liable to the county
29 where the case, in which such false affidavit is filed, is
30 pending for the reasonable value of the services rendered by
31 the public defender or other court-appointed counsel in the
32 case to the extent that such services were unjustly or
33 falsely procured.
34 (c) Upon the filing with the court of a verified
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1 statement of services rendered the court shall order the
2 county treasurer of the county of trial to pay counsel other
3 than the Public Defender a reasonable fee. The court shall
4 consider all relevant circumstances, including but not
5 limited to the time spent while court is in session, other
6 time spent in representing the defendant, and expenses
7 reasonably incurred by counsel. In counties with a
8 population greater than 2,000,000, the court shall order the
9 county treasurer of the county of trial to pay counsel other
10 than the Public Defender a reasonable fee stated in the order
11 and based upon a rate of compensation of not more than $40
12 for each hour spent while court is in session and not more
13 than $30 for each hour otherwise spent representing a
14 defendant, and such compensation shall not exceed $150 for
15 each defendant represented in misdemeanor cases and $1250 in
16 felony cases, in addition to expenses reasonably incurred as
17 hereinafter in this Section provided, except that, in
18 extraordinary circumstances, payment in excess of the limits
19 herein stated may be made if the trial court certifies that
20 such payment is necessary to provide fair compensation for
21 protracted representation. A trial court may entertain the
22 filing of this verified statement before the termination of
23 the cause, and may order the provisional payment of sums
24 during the pendency of the cause.
25 (d) (Blank). In capital cases, in addition to counsel,
26 if the court determines that the defendant is indigent the
27 court may, upon the filing with the court of a verified
28 statement of services rendered, order the county Treasurer of
29 the county of trial to pay necessary expert witnesses for
30 defendant reasonable compensation stated in the order not to
31 exceed $250 for each defendant.
32 (e) If the court in any county having a population
33 greater than 2,000,000 1,000,000 determines that the
34 defendant is indigent the court may, upon the filing with the
-31- LRB9204446ARsb
1 court of a verified statement of such expenses, order the
2 county treasurer of the county of trial, in such counties
3 having a population greater than 2,000,000 1,000,000 to pay
4 the general expenses of the trial incurred by the defendant
5 not to exceed $50 for each defendant.
6 (f) (Blank). The provisions of this Section relating to
7 appointment of counsel, compensation of counsel, and payment
8 of expenses in capital cases apply except when the
9 compensation and expenses are being provided under the
10 Capital Crimes Litigation Act.
11 (Source: P.A. 91-589, eff. 1-1-00.)
12 (725 ILCS 5/114-5) (from Ch. 38, par. 114-5)
13 Sec. 114-5. Substitution of judge.
14 (a) Within 10 days after a cause involving only one
15 defendant has been placed on the trial call of a judge the
16 defendant may move the court in writing for a substitution of
17 that judge on the ground that such judge is so prejudiced
18 against him that he cannot receive a fair trial. Upon the
19 filing of such a motion the court shall proceed no further in
20 the cause but shall transfer it to another judge not named in
21 the motion. The defendant may name only one judge as
22 prejudiced, pursuant to this subsection; provided, however,
23 that in a case in which the offense charged is a Class X
24 felony or may be punished by death or life imprisonment, the
25 defendant may name two judges as prejudiced.
26 (b) Within 24 hours after a motion is made for
27 substitution of judge in a cause with multiple defendants
28 each defendant shall have the right to move in accordance
29 with subsection (a) of this Section for a substitution of one
30 judge. The total number of judges named as prejudiced by all
31 defendants shall not exceed the total number of defendants.
32 The first motion for substitution of judge in a cause with
33 multiple defendants shall be made within 10 days after the
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1 cause has been placed on the trial call of a judge.
2 (c) Within 10 days after a cause has been placed on the
3 trial call of a judge the State may move the court in writing
4 for a substitution of that judge on the ground that such
5 judge is prejudiced against the State. Upon the filing of
6 such a motion the court shall proceed no further in the cause
7 but shall transfer it to another judge not named in the
8 motion. The State may name only one judge as prejudiced,
9 pursuant to this subsection.
10 (d) In addition to the provisions of subsections (a),
11 (b) and (c) of this Section the State or any defendant may
12 move at any time for substitution of judge for cause,
13 supported by affidavit. Upon the filing of such motion a
14 hearing shall be conducted as soon as possible after its
15 filing by a judge not named in the motion; provided, however,
16 that the judge named in the motion need not testify, but may
17 submit an affidavit if the judge wishes. If the motion is
18 allowed, the case shall be assigned to a judge not named in
19 the motion. If the motion is denied the case shall be
20 assigned back to the judge named in the motion.
21 (Source: P.A. 84-1428.)
22 (725 ILCS 5/115-4) (from Ch. 38, par. 115-4)
23 Sec. 115-4. Trial by Court and Jury.) (a) Questions of
24 law shall be decided by the court and questions of fact by
25 the jury.
26 (b) The jury shall consist of 12 members.
27 (c) Upon request the parties shall be furnished with a
28 list of prospective jurors with their addresses if known.
29 (d) Each party may challenge jurors for cause. If a
30 prospective juror has a physical impairment, the court shall
31 consider such prospective juror's ability to perceive and
32 appreciate the evidence when considering a challenge for
33 cause.
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1 (e) A defendant tried alone shall be allowed 20
2 peremptory challenges in a capital case, 10 peremptory
3 challenges in a case in which the punishment may be
4 imprisonment in the penitentiary, and 5 in all other cases;
5 except that, in a single trial of more than one defendant,
6 each defendant shall be allowed 12 peremptory challenges in a
7 capital case, 6 peremptory challenges in a case in which the
8 punishment may be imprisonment in the penitentiary, and 3 in
9 all other cases. If several charges against a defendant or
10 defendants are consolidated for trial, each defendant shall
11 be allowed peremptory challenges upon one charge only, which
12 single charge shall be the charge against that defendant
13 authorizing the greatest maximum penalty. The State shall be
14 allowed the same number of peremptory challenges as all of
15 the defendants.
16 (f) After examination by the court the jurors may be
17 examined, passed upon, accepted and tendered by opposing
18 counsel as provided by Supreme Court rules.
19 (g) After the jury is impaneled and sworn the court may
20 direct the selection of 2 alternate jurors who shall take the
21 same oath as the regular jurors. Each party shall have one
22 additional peremptory challenge for each alternate juror. If
23 before the final submission of a cause a member of the jury
24 dies or is discharged he shall be replaced by an alternate
25 juror in the order of selection.
26 (h) A trial by the court and jury shall be conducted in
27 the presence of the defendant unless he waives the right to
28 be present.
29 (i) After arguments of counsel the court shall instruct
30 the jury as to the law.
31 (j) Unless the affirmative defense of insanity has been
32 presented during the trial, the jury shall return a general
33 verdict as to each offense charged. When the affirmative
34 defense of insanity has been presented during the trial, the
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1 court shall provide the jury not only with general verdict
2 forms but also with a special verdict form of not guilty by
3 reason of insanity, as to each offense charged, and in such
4 event the court shall separately instruct the jury that a
5 special verdict of not guilty by reason of insanity may be
6 returned instead of a general verdict but such special
7 verdict requires a unanimous finding by the jury that the
8 defendant committed the acts charged but at the time of the
9 commission of those acts the defendant was insane. In the
10 event of a verdict of not guilty by reason of insanity, a
11 hearing shall be held pursuant to the Mental Health and
12 Developmental Disabilities Code to determine whether the
13 defendant is subject to involuntary admission. When the
14 affirmative defense of insanity has been presented during the
15 trial, the court, where warranted by the evidence, shall also
16 provide the jury with a special verdict form of guilty but
17 mentally ill, as to each offense charged and shall separately
18 instruct the jury that a special verdict of guilty but
19 mentally ill may be returned instead of a general verdict,
20 but that such special verdict requires a unanimous finding by
21 the jury that: (1) the State has proven beyond a reasonable
22 doubt that the defendant is guilty of the offense charged;
23 and (2) the defendant has failed to prove his insanity as
24 required in subsection (b) of Section 3-2 of the Criminal
25 Code of 1961, as amended, and subsections (a), (b) and (e) of
26 Section 6-2 of the Criminal Code of 1961, as amended; and (3)
27 the defendant has proven by a preponderance of the evidence
28 that he was mentally ill, as defined in subsections (c) and
29 (d) of Section 6-2 of the Criminal Code of 1961, as amended,
30 at the time of the offense.
31 (k) When, at the close of the State's evidence or at the
32 close of all of the evidence, the evidence is insufficient to
33 support a finding or verdict of guilty the court may and on
34 motion of the defendant shall make a finding or direct the
-35- LRB9204446ARsb
1 jury to return a verdict of not guilty, enter a judgment of
2 acquittal and discharge the defendant.
3 (l) When the jury retires to consider its verdict an
4 officer of the court shall be appointed to keep them together
5 and to prevent conversation between the jurors and others;
6 however, if any juror is deaf, the jury may be accompanied by
7 and may communicate with a court-appointed interpreter during
8 its deliberations. Upon agreement between the State and
9 defendant or his counsel the jury may seal and deliver its
10 verdict to the clerk of the court, separate, and then return
11 such verdict in open court at its next session.
12 (m) In the trial of an a capital or other offense, any
13 juror who is a member of a panel or jury which has been
14 impaneled and sworn as a panel or as a jury shall be
15 permitted to separate from other such jurors during every
16 period of adjournment to a later day, until final submission
17 of the cause to the jury for determination, except that no
18 such separation shall be permitted in any trial after the
19 court, upon motion by the defendant or the State or upon its
20 own motion, finds a probability that prejudice to the
21 defendant or to the State will result from such separation.
22 (n) The members of the jury shall be entitled to take
23 notes during the trial, and the sheriff of the county in
24 which the jury is sitting shall provide them with writing
25 materials for this purpose. Such notes shall remain
26 confidential, and shall be destroyed by the sheriff after the
27 verdict has been returned or a mistrial declared.
28 (o) A defendant tried by the court and jury shall only
29 be found guilty, guilty but mentally ill, not guilty or not
30 guilty by reason of insanity, upon the unanimous verdict of
31 the jury.
32 (Source: P.A. 86-392.)
33 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
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1 Sec. 115-4.1. Absence of defendant.
2 (a) When a defendant after arrest and an initial court
3 appearance for a non-capital felony or a misdemeanor, fails
4 to appear for trial, at the request of the State and after
5 the State has affirmatively proven through substantial
6 evidence that the defendant is willfully avoiding trial, the
7 court may commence trial in the absence of the defendant.
8 Absence of a defendant as specified in this Section shall not
9 be a bar to indictment of a defendant, return of information
10 against a defendant, or arraignment of a defendant for the
11 charge for which bail has been granted. If a defendant fails
12 to appear at arraignment, the court may enter a plea of "not
13 guilty" on his behalf. If a defendant absents himself before
14 trial on a capital felony, trial may proceed as specified in
15 this Section provided that the State certifies that it will
16 not seek a death sentence following conviction. Trial in the
17 defendant's absence shall be by jury unless the defendant had
18 previously waived trial by jury. The absent defendant must
19 be represented by retained or appointed counsel. The court,
20 at the conclusion of all of the proceedings, may order the
21 clerk of the circuit court to pay counsel such sum as the
22 court deems reasonable, from any bond monies which were
23 posted by the defendant with the clerk, after the clerk has
24 first deducted all court costs. If trial had previously
25 commenced in the presence of the defendant and the defendant
26 willfully absents himself for two successive court days, the
27 court shall proceed to trial. All procedural rights
28 guaranteed by the United States Constitution, Constitution of
29 the State of Illinois, statutes of the State of Illinois, and
30 rules of court shall apply to the proceedings the same as if
31 the defendant were present in court and had not either
32 forfeited his bail bond or escaped from custody. The court
33 may set the case for a trial which may be conducted under
34 this Section despite the failure of the defendant to appear
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1 at the hearing at which the trial date is set. When such
2 trial date is set the clerk shall send to the defendant, by
3 certified mail at his last known address indicated on his
4 bond slip, notice of the new date which has been set for
5 trial. Such notification shall be required when the
6 defendant was not personally present in open court at the
7 time when the case was set for trial.
8 (b) The absence of a defendant from a trial conducted
9 pursuant to this Section does not operate as a bar to
10 concluding the trial, to a judgment of conviction resulting
11 therefrom, or to a final disposition of the trial in favor of
12 the defendant.
13 (c) Upon a verdict of not guilty, the court shall enter
14 judgment for the defendant. Upon a verdict of guilty, the
15 court shall set a date for the hearing of post-trial motions
16 and shall hear such motion in the absence of the defendant.
17 If post-trial motions are denied, the court shall proceed to
18 conduct a sentencing hearing and to impose a sentence upon
19 the defendant.
20 (d) A defendant who is absent for part of the
21 proceedings of trial, post-trial motions, or sentencing, does
22 not thereby forfeit his right to be present at all remaining
23 proceedings.
24 (e) When a defendant who in his absence has been either
25 convicted or sentenced or both convicted and sentenced
26 appears before the court, he must be granted a new trial or
27 new sentencing hearing if the defendant can establish that
28 his failure to appear in court was both without his fault and
29 due to circumstances beyond his control. A hearing with
30 notice to the State's Attorney on the defendant's request for
31 a new trial or a new sentencing hearing must be held before
32 any such request may be granted. At any such hearing both
33 the defendant and the State may present evidence.
34 (f) If the court grants only the defendant's request for
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1 a new sentencing hearing, then a new sentencing hearing
2 shall be held in accordance with the provisions of the
3 Unified Code of Corrections. At any such hearing, both the
4 defendant and the State may offer evidence of the defendant's
5 conduct during his period of absence from the court. The
6 court may impose any sentence authorized by the Unified Code
7 of Corrections and is not in any way limited or restricted by
8 any sentence previously imposed.
9 (g) A defendant whose motion under paragraph (e) for a
10 new trial or new sentencing hearing has been denied may file
11 a notice of appeal therefrom. Such notice may also include a
12 request for review of the judgment and sentence not vacated
13 by the trial court.
14 (Source: P.A. 90-787, eff. 8-14-98.)
15 (725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
16 Sec. 119-5. Execution of Death Sentence. On or after the
17 effective date of this amendatory Act of the 92nd General
18 Assembly no person may be executed in this State.
19 (a) (1) A defendant sentenced to death shall be
20 executed by an intravenous administration of a lethal
21 quantity of an ultrashort-acting barbiturate in
22 combination with a chemical paralytic agent and potassium
23 chloride or other equally effective substances sufficient
24 to cause death until death is pronounced by a licensed
25 physician according to accepted standards of medical
26 practice.
27 (2) If the execution of the sentence of death as
28 provided in paragraph (1) is held illegal or
29 unconstitutional by a reviewing court of competent
30 jurisdiction, the sentence of death shall be carried out
31 by electrocution.
32 (b) In pronouncing the sentence of death the court shall
33 set the date of the execution which shall be not less than 60
-39- LRB9204446ARsb
1 nor more than 90 days from the date sentence is pronounced.
2 (c) A sentence of death shall be executed at a
3 Department of Corrections facility.
4 (d) The warden of the penitentiary shall supervise such
5 execution, which shall be conducted in the presence of 6
6 witnesses who shall certify the execution of the sentence.
7 The certification shall be filed with the clerk of the court
8 that imposed the sentence.
9 (e) The identity of executioners and other persons who
10 participate or perform ancillary functions in an execution
11 and information contained in records that would identify
12 those persons shall remain confidential, shall not be subject
13 to disclosure, and shall not be admissible as evidence or be
14 discoverable in any action of any kind in any court or before
15 any tribunal, board, agency, or person. In order to protect
16 the confidentiality of persons participating in an execution,
17 the Director of Corrections may direct that the Department
18 make payments in cash for such services.
19 (f) The amendatory changes to this Section made by this
20 amendatory Act of 1991 are severable under Section 1.31 of
21 the Statute on Statutes.
22 (g) Notwithstanding any other provision of law,
23 assistance, participation in, or the performance of ancillary
24 or other functions pursuant to this Section, including but
25 not limited to the administration of the lethal substance or
26 substances required by this Section, shall not be construed
27 to constitute the practice of medicine.
28 (h) Notwithstanding any other provision of law, any
29 pharmacist or pharmaceutical supplier is authorized to
30 dispense drugs to the Director of Corrections or his or her
31 designee, without prescription, in order to carry out the
32 provisions of this Section.
33 (Source: P.A. 89-8, eff. 3-21-95.)
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1 (725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
2 Sec. 121-13. Pauper Appeals.
3 (a) In any case wherein the defendant was convicted of a
4 felony, if the court determines that the defendant desires
5 counsel on appeal but is indigent the Public Defender or the
6 State Appellate Defender shall be appointed as counsel,
7 unless with the consent of the defendant and for good cause
8 shown, the court may appoint counsel other than the Public
9 Defender or the State Appellate Defender.
10 (b) In any case wherein the defendant was convicted of a
11 felony and a sentence of death was not imposed in the trial
12 court the reviewing court, upon petition of the defendant's
13 counsel made not more frequently than every 60 days after
14 appointment, shall determine a reasonable amount to be
15 allowed an indigent defendant's counsel other than the Public
16 Defender or the State Appellate Defender for compensation and
17 reimbursement of expenditures necessarily incurred in the
18 prosecution of the appeal or review proceedings. The
19 compensation shall not exceed $1500 in each case, except
20 that, in extraordinary circumstances, payment in excess of
21 the limits herein stated may be made if the reviewing court
22 certifies that the payment is necessary to provide fair
23 compensation for protracted representation. The reviewing
24 court shall enter an order directing the county treasurer of
25 the county where the case was tried to pay the amount allowed
26 by the court. The reviewing court may order the provisional
27 payment of sums during the pendency of the cause.
28 (c) In any case in which a sentence of death was imposed
29 in the trial court before the effective date of this
30 amendatory Act of the 92nd General Assembly, the Supreme
31 Court, upon written petition of the defendant's counsel made
32 not more than every 60 days after appointment, shall
33 determine reasonable compensation for an indigent defendant's
34 attorneys on appeal. The compensation shall not exceed $2,000
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1 in each case, except that, in extraordinary circumstances,
2 payment in excess of the limits herein stated may be made if
3 the reviewing court certifies that the payment is necessary
4 to provide fair compensation for protracted representation.
5 The Supreme Court shall enter an order directing the county
6 treasurer of the county where the case was tried to pay
7 compensation and reimburse expenditures necessarily incurred
8 in the prosecution of the appeal or review proceedings. The
9 Supreme Court may order the provisional payment of sums
10 during the pendency of the cause.
11 (Source: P.A. 86-318; 87-580.)
12 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
13 Sec. 122-1. Petition in the trial court.
14 (a) Any person imprisoned in the penitentiary who
15 asserts that in the proceedings which resulted in his or her
16 conviction there was a substantial denial of his or her
17 rights under the Constitution of the United States or of the
18 State of Illinois or both may institute a proceeding under
19 this Article.
20 (b) The proceeding shall be commenced by filing with the
21 clerk of the court in which the conviction took place a
22 petition (together with a copy thereof) verified by
23 affidavit. Petitioner shall also serve another copy upon the
24 State's Attorney by any of the methods provided in Rule 7 of
25 the Supreme Court. The clerk shall docket the petition for
26 consideration by the court pursuant to Section 122-2.1 upon
27 his or her receipt thereof and bring the same promptly to the
28 attention of the court.
29 (c) No proceedings under this Article shall be commenced
30 more than 6 months after the denial of a petition for leave
31 to appeal or the date for filing such a petition if none is
32 filed or more than 45 days after the defendant files his or
33 her brief in the appeal of the sentence before the Illinois
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1 Supreme Court (or more than 45 days after the deadline for
2 the filing of the defendant's brief with the Illinois Supreme
3 Court if no brief is filed) or 3 years from the date of
4 conviction, whichever is sooner, unless the petitioner
5 alleges facts showing that the delay was not due to his or
6 her culpable negligence.
7 (d) A person seeking relief by filing a petition under
8 this Section must specify in the petition or its heading that
9 it is filed under this Section. A trial court that has
10 received a petition complaining of a conviction or sentence
11 that fails to specify in the petition or its heading that it
12 is filed under this Section need not evaluate the petition to
13 determine whether it could otherwise have stated some grounds
14 for relief under this Article.
15 (e) (Blank). A proceeding under this Article may not be
16 commenced on behalf of a defendant who has been sentenced to
17 death without the written consent of the defendant, unless
18 the defendant, because of a mental or physical condition, is
19 incapable of asserting his or her own claim.
20 (Source: P.A. 89-284, eff. 1-1-96; 89-609, eff. 1-1-97;
21 89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)
22 (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
23 Sec. 122-2.1. (a) Within 90 days after the filing and
24 docketing of each petition, the court shall examine such
25 petition and enter an order thereon pursuant to this Section.
26 (1) If the petitioner is under sentence of death
27 imposed before the effective date of this amendatory Act
28 of the 92nd General Assembly and is without counsel and
29 alleges that he is without means to procure counsel, he
30 shall state whether or not he wishes counsel to be
31 appointed to represent him. If appointment of counsel is
32 so requested, the court shall appoint counsel if
33 satisfied that the petitioner has no means to procure
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1 counsel.
2 (2) If the petitioner is sentenced to imprisonment
3 and the court determines the petition is frivolous or is
4 patently without merit, it shall dismiss the petition in
5 a written order, specifying the findings of fact and
6 conclusions of law it made in reaching its decision.
7 Such order of dismissal is a final judgment and shall be
8 served upon the petitioner by certified mail within 10
9 days of its entry.
10 (b) If the petition is not dismissed pursuant to this
11 Section, the court shall order the petition to be docketed
12 for further consideration in accordance with Sections 122-4
13 through 122-6.
14 (c) In considering a petition pursuant to this Section,
15 the court may examine the court file of the proceeding in
16 which the petitioner was convicted, any action taken by an
17 appellate court in such proceeding and any transcripts of
18 such proceeding.
19 (Source: P.A. 86-655; 87-904.)
20 (725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
21 Sec. 122-4. Pauper Petitions. If the petition is not
22 dismissed pursuant to Section 122-2.1, and alleges that the
23 petitioner is unable to pay the costs of the proceeding, the
24 court may order that the petitioner be permitted to proceed
25 as a poor person and order a transcript of the proceedings
26 delivered to petitioner in accordance with Rule of the
27 Supreme Court. If the petitioner is without counsel and
28 alleges that he is without means to procure counsel, he shall
29 state whether or not he wishes counsel to be appointed to
30 represent him. If appointment of counsel is so requested,
31 and the petition is not dismissed pursuant to Section
32 122-2.1, the court shall appoint counsel if satisfied that
33 the petitioner has no means to procure counsel. A petitioner
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1 who is a prisoner in an Illinois Department of Corrections
2 facility who files a pleading, motion, or other filing that
3 purports to be a legal document seeking post-conviction
4 relief under this Article against the State, the Illinois
5 Department of Corrections, the Prisoner Review Board, or any
6 of their officers or employees in which the court makes a
7 specific finding that the pleading, motion, or other filing
8 that purports to be a legal document is frivolous shall not
9 proceed as a poor person and shall be liable for the full
10 payment of filing fees and actual court costs as provided in
11 Article XXII of the Code of Civil Procedure.
12 A Circuit Court or the Illinois Supreme Court may appoint
13 the State Appellate Defender to provide post-conviction
14 representation in a case in which the defendant was is
15 sentenced to death before the effective date of this
16 amendatory Act of the 92nd General Assembly. Any attorney
17 assigned by the Office of the State Appellate Defender to
18 provide post-conviction representation for indigent
19 defendants in cases in which a sentence of death was imposed
20 in the trial court may, from time to time submit bills and
21 time sheets to the Office of the State Appellate Defender for
22 payment of services rendered and the Office of the State
23 Appellate Defender shall pay bills from funds appropriated
24 for this purpose in accordance with rules promulgated by the
25 State Appellate Defender.
26 The court, at the conclusion of the proceedings upon
27 receipt of a petition by the appointed counsel, shall
28 determine a reasonable amount to be allowed an indigent
29 defendant's counsel other than the Public Defender or the
30 State Appellate Defender for compensation and reimbursement
31 of expenditures necessarily incurred in the proceedings. The
32 compensation shall not exceed $500 in each case, except that,
33 in extraordinary circumstances, payment in excess of the
34 limits herein stated may be made if the trial court certifies
-45- LRB9204446ARsb
1 that the payment is necessary to provide fair compensation
2 for protracted representation, and the amount is approved by
3 the chief judge of the circuit. The court shall enter an
4 order directing the county treasurer of the county where the
5 case was tried to pay the amount thereby allowed by the
6 court. The court may order the provisional payment of sums
7 during the pendency of the cause.
8 (Source: P.A. 90-505, eff. 8-19-97.)
9 Section 50. The State Appellate Defender Act is amended
10 by changing Sections 10 and 10.5 as follows:
11 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
12 Sec. 10. Powers and duties of State Appellate Defender.
13 (a) The State Appellate Defender shall represent
14 indigent persons on appeal in criminal and delinquent minor
15 proceedings, when appointed to do so by a court under a
16 Supreme Court Rule or law of this State.
17 (b) The State Appellate Defender shall submit a budget
18 for the approval of the State Appellate Defender Commission.
19 (c) The State Appellate Defender may:
20 (1) maintain a panel of private attorneys available
21 to serve as counsel on a case basis;
22 (2) establish programs, alone or in conjunction
23 with law schools, for the purpose of utilizing volunteer
24 law students as legal assistants;
25 (3) cooperate and consult with state agencies,
26 professional associations, and other groups concerning
27 the causes of criminal conduct, the rehabilitation and
28 correction of persons charged with and convicted of
29 crime, the administration of criminal justice, and, in
30 counties of less than 1,000,000 population, study,
31 design, develop and implement model systems for the
32 delivery of trial level defender services, and make an
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1 annual report to the General Assembly;
2 (4) provide investigative services to appointed
3 counsel and county public defenders;
4 (5) (blank). in cases in which a death sentence is
5 an authorized disposition, provide trial counsel with the
6 assistance of expert witnesses, investigators, and
7 mitigation specialists from funds appropriated to the
8 State Appellate Defender specifically for that purpose by
9 the General Assembly. The Office of State Appellate
10 Defender shall not be appointed to serve as trial counsel
11 in capital cases.
12 (d) (Blank). For each State fiscal year, the State
13 Appellate Defender shall appear before the General Assembly
14 and request appropriations to be made from the Capital
15 Litigation Trust Fund to the State Treasurer for the purpose
16 of providing defense assistance in capital cases outside of
17 Cook County. The State Appellate Defender may appear before
18 the General Assembly at other times during the State's fiscal
19 year to request supplemental appropriations from the Trust
20 Fund to the State Treasurer.
21 (e) The requirement for reporting to the General
22 Assembly shall be satisfied by filing copies of the report
23 with the Speaker, the Minority Leader and the Clerk of the
24 House of Representatives and the President, the Minority
25 Leader and the Secretary of the Senate and the Legislative
26 Research Unit, as required by Section 3.1 of the General
27 Assembly Organization Act and filing such additional copies
28 with the State Government Report Distribution Center for the
29 General Assembly as is required under paragraph (t) of
30 Section 7 of the State Library Act.
31 (Source: P.A. 91-589, eff. 1-1-00.)
32 (725 ILCS 105/10.5)
33 Sec. 10.5. Competitive bidding for appellate services.
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1 (a) The State Appellate Defender may, to the extent
2 necessary to dispose of its backlog of indigent criminal
3 appeals, institute a competitive bidding program under which
4 contracts for the services of attorneys in non-death penalty
5 criminal appeals are awarded to the lowest responsible
6 bidder.
7 (b) The State Appellate Defender, before letting out
8 bids for contracts for the services of attorneys to represent
9 indigent defendants on appeal in criminal cases, shall
10 advertise the letting of the bids in a publication or
11 publications of the Illinois State Bar Association, the
12 Chicago Daily Law Bulletin, and the Chicago Lawyer. The
13 State Appellate Defender shall also advertise the letting of
14 the bids in newspapers of general circulation in major
15 municipalities to be determined by the State Appellate
16 Defender. The State Appellate Defender shall mail notices of
17 the letting of the bids to county and local bar associations.
18 (c) Bids may be let in packages of one to 5, appeals.
19 Additional cases may be assigned, in the discretion of the
20 State Appellate Defender, after a successful bidder completes
21 work on existing packages.
22 (d) A bid for services of an attorney under this Section
23 shall be let only to an attorney licensed to practice law in
24 Illinois who has prior criminal appellate experience or to an
25 attorney who is a member or employee of a law firm which has
26 at least one member with that experience. Prospective bidders
27 must furnish legal writing samples that are deemed acceptable
28 to the State Appellate Defender.
29 (e) An attorney who is awarded a contract under this
30 Section shall communicate with each of his or her clients and
31 shall file each initial brief before the due date established
32 by Supreme Court Rule or by the Appellate Court. The State
33 Appellate Defender may rescind the contract for attorney
34 services and may require the return of the record on appeal
-48- LRB9204446ARsb
1 if the contracted attorney fails to make satisfactory
2 progress, in the opinion of the State Appellate Defender,
3 toward filing a brief.
4 (f) Gross compensation for completing of a case shall be
5 $40 per hour but shall not exceed $2,000 per case. The
6 contract shall specify the manner of payment.
7 (g) (Blank).
8 (h) (Blank).
9 (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)
10 (725 ILCS 124/Act rep.)
11 Section 55. The Capital Crimes Litigation Act is
12 repealed on July 1, 2003.
13 Section 60. The Uniform Criminal Extradiction Act is
14 amended by changing Section 5 as follows:
15 (725 ILCS 235/5) (from Ch. 38, par. 157-5)
16 Sec. 5. Exceptions.
17 This act does not apply to any person in this State
18 confined as mentally ill or, in need of mental treatment, or
19 under sentence of death.
20 (Source: Laws 1963, p. 2171.)
21 Section 65. The Unified Code of Corrections is amended
22 by changing Sections 3-3-13, 3-8-10, 3-6-3, 5-1-9, 5-4-1,
23 5-5-3, 5-8-1, 5-8-4, and 5-8-5 as follows:
24 (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
25 Sec. 3-3-13. Procedure for Executive Clemency.
26 (a) Petitions seeking pardon, commutation, or reprieve
27 shall be addressed to the Governor and filed with the
28 Prisoner Review Board. The petition shall be in writing and
29 signed by the person under conviction or by a person on his
-49- LRB9204446ARsb
1 behalf. It shall contain a brief history of the case, the
2 reasons for seeking executive clemency, and other relevant
3 information the Board may require.
4 (a-5) After a petition has been denied by the Governor,
5 the Board may not accept a repeat petition for executive
6 clemency for the same person until one full year has elapsed
7 from the date of the denial. The Chairman of the Board may
8 waive the one-year requirement if the petitioner offers in
9 writing new information that was unavailable to the
10 petitioner at the time of the filing of the prior petition
11 and which the Chairman determines to be significant. The
12 Chairman also may waive the one-year waiting period if the
13 petitioner can show that a change in circumstances of a
14 compelling humanitarian nature has arisen since the denial of
15 the prior petition.
16 (b) Notice of the proposed application shall be given by
17 the Board to the committing court and the state's attorney of
18 the county where the conviction was had.
19 (c) The Board shall, if requested and upon due notice,
20 give a hearing to each application, allowing representation
21 by counsel, if desired, after which it shall confidentially
22 advise the Governor by a written report of its
23 recommendations which shall be determined by majority vote.
24 The Board shall meet to consider such petitions no less than
25 4 times each year.
26 Application for executive clemency under this Section may
27 not be commenced on behalf of a person who has been sentenced
28 to death without the written consent of the defendant, unless
29 the defendant, because of a mental or physical condition, is
30 incapable of asserting his or her own claim.
31 (d) The Governor shall decide each application and
32 communicate his decision to the Board which shall notify the
33 petitioner.
34 In the event a petitioner who has been convicted of a
-50- LRB9204446ARsb
1 Class X felony is granted a release, after the Governor has
2 communicated such decision to the Board, the Board shall give
3 written notice to the Sheriff of the county from which the
4 offender was sentenced if such sheriff has requested that
5 such notice be given on a continuing basis. In cases where
6 arrest of the offender or the commission of the offense took
7 place in any municipality with a population of more than
8 10,000 persons, the Board shall also give written notice to
9 the proper law enforcement agency for said municipality which
10 has requested notice on a continuing basis.
11 (e) Nothing in this Section shall be construed to limit
12 the power of the Governor under the constitution to grant a
13 reprieve, commutation of sentence, or pardon.
14 (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
15 (730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10)
16 Sec. 3-8-10. Intrastate Detainers. Except for persons
17 sentenced to death, Subsection (b), (c) and (e) of Section
18 103-5 of the Code of Criminal Procedure of 1963 shall also
19 apply to persons committed to any institution or facility or
20 program of the Illinois Department of Corrections who have
21 untried complaints, charges or indictments pending in any
22 county of this State, and such person shall include in the
23 demand under subsection (b), a statement of the place of
24 present commitment, the term, and length of the remaining
25 term, the charges pending against him or her to be tried and
26 the county of the charges, and the demand shall be addressed
27 to the state's attorney of the county where he or she is
28 charged with a copy to the clerk of that court and a copy to
29 the chief administrative officer of the Department of
30 Corrections institution or facility to which he or she is
31 committed. The state's attorney shall then procure the
32 presence of the defendant for trial in his county by habeas
33 corpus. Additional time may be granted by the court for the
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1 process of bringing and serving an order of habeas corpus ad
2 prosequendum. In the event that the person is not brought to
3 trial within the allotted time, then the charge for which he
4 or she has requested a speedy trial shall be dismissed.
5 (Source: P.A. 83-346.)
6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
7 Sec. 3-6-3. Rules and Regulations for Early Release.
8 (a) (1) The Department of Corrections shall
9 prescribe rules and regulations for the early release on
10 account of good conduct of persons committed to the
11 Department which shall be subject to review by the
12 Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after June 19, 1998, the following:
16 (i) that a prisoner who is serving a term of
17 imprisonment for first degree murder shall receive
18 no good conduct credit and shall serve the entire
19 sentence imposed by the court;
20 (ii) that a prisoner serving a sentence for
21 attempt to commit first degree murder, solicitation
22 of murder, solicitation of murder for hire,
23 intentional homicide of an unborn child, predatory
24 criminal sexual assault of a child, aggravated
25 criminal sexual assault, criminal sexual assault,
26 aggravated kidnapping, aggravated battery with a
27 firearm, heinous battery, aggravated battery of a
28 senior citizen, or aggravated battery of a child
29 shall receive no more than 4.5 days of good conduct
30 credit for each month of his or her sentence of
31 imprisonment; and
32 (iii) that a prisoner serving a sentence for
33 home invasion, armed robbery, aggravated vehicular
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1 hijacking, aggravated discharge of a firearm, or
2 armed violence with a category I weapon or category
3 II weapon, when the court has made and entered a
4 finding, pursuant to subsection (c-1) of Section
5 5-4-1 of this Code, that the conduct leading to
6 conviction for the enumerated offense resulted in
7 great bodily harm to a victim, shall receive no more
8 than 4.5 days of good conduct credit for each month
9 of his or her sentence of imprisonment.
10 (2.1) For all offenses, other than those enumerated
11 in subdivision (a)(2) committed on or after June 19,
12 1998, and other than the offense of reckless homicide as
13 defined in subsection (e) of Section 9-3 of the Criminal
14 Code of 1961 committed on or after January 1, 1999, the
15 rules and regulations shall provide that a prisoner who
16 is serving a term of imprisonment shall receive one day
17 of good conduct credit for each day of his or her
18 sentence of imprisonment or recommitment under Section
19 3-3-9. Each day of good conduct credit shall reduce by
20 one day the prisoner's period of imprisonment or
21 recommitment under Section 3-3-9.
22 (2.2) A prisoner serving a term of natural life
23 imprisonment or a prisoner who has been sentenced to
24 death shall receive no good conduct credit.
25 (2.3) The rules and regulations on early release
26 shall provide that a prisoner who is serving a sentence
27 for reckless homicide as defined in subsection (e) of
28 Section 9-3 of the Criminal Code of 1961 committed on or
29 after January 1, 1999 shall receive no more than 4.5 days
30 of good conduct credit for each month of his or her
31 sentence of imprisonment.
32 (2.4) The rules and regulations on early release
33 shall provide with respect to the offenses of aggravated
34 battery with a machine gun or a firearm equipped with any
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1 device or attachment designed or used for silencing the
2 report of a firearm or aggravated discharge of a machine
3 gun or a firearm equipped with any device or attachment
4 designed or used for silencing the report of a firearm,
5 committed on or after the effective date of this
6 amendatory Act of 1999, that a prisoner serving a
7 sentence for any of these offenses shall receive no more
8 than 4.5 days of good conduct credit for each month of
9 his or her sentence of imprisonment.
10 (3) The rules and regulations shall also provide
11 that the Director may award up to 180 days additional
12 good conduct credit for meritorious service in specific
13 instances as the Director deems proper; except that no
14 more than 90 days of good conduct credit for meritorious
15 service shall be awarded to any prisoner who is serving a
16 sentence for conviction of first degree murder, reckless
17 homicide while under the influence of alcohol or any
18 other drug, aggravated kidnapping, kidnapping, predatory
19 criminal sexual assault of a child, aggravated criminal
20 sexual assault, criminal sexual assault, deviate sexual
21 assault, aggravated criminal sexual abuse, aggravated
22 indecent liberties with a child, indecent liberties with
23 a child, child pornography, heinous battery, aggravated
24 battery of a spouse, aggravated battery of a spouse with
25 a firearm, stalking, aggravated stalking, aggravated
26 battery of a child, endangering the life or health of a
27 child, cruelty to a child, or narcotic racketeering.
28 Notwithstanding the foregoing, good conduct credit for
29 meritorious service shall not be awarded on a sentence of
30 imprisonment imposed for conviction of: (i) one of the
31 offenses enumerated in subdivision (a)(2) when the
32 offense is committed on or after June 19, 1998, (ii)
33 reckless homicide as defined in subsection (e) of Section
34 9-3 of the Criminal Code of 1961 when the offense is
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1 committed on or after January 1, 1999, or (iii) for
2 conviction of one of the offenses enumerated in
3 subdivision (a)(2.4) when the offense is committed on or
4 after the effective date of this amendatory Act of 1999.
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 or if convicted of reckless homicide as defined in
23 subsection (e) of Section 9-3 of the Criminal Code of
24 1961 if the offense is committed on or after January 1,
25 1999, or if convicted of an offense enumerated in
26 paragraph (a)(2.4) of this Section that is committed on
27 or after the effective date of this amendatory Act of
28 1999, or first degree murder, a Class X felony, criminal
29 sexual assault, felony criminal sexual abuse, aggravated
30 criminal sexual abuse, aggravated battery with a firearm,
31 or any predecessor or successor offenses with the same or
32 substantially the same elements, or any inchoate offenses
33 relating to the foregoing offenses. No inmate shall be
34 eligible for the additional good conduct credit under
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1 this paragraph (4) who (i) has previously received
2 increased good conduct credit under this paragraph (4)
3 and has subsequently been convicted of a felony, or (ii)
4 has previously served more than one prior sentence of
5 imprisonment for a felony in an adult correctional
6 facility.
7 Educational, vocational, substance abuse and
8 correctional industry programs under which good conduct
9 credit may be increased under this paragraph (4) shall be
10 evaluated by the Department on the basis of documented
11 standards. The Department shall report the results of
12 these evaluations to the Governor and the General
13 Assembly by September 30th of each year. The reports
14 shall include data relating to the recidivism rate among
15 program participants.
16 Availability of these programs shall be subject to
17 the limits of fiscal resources appropriated by the
18 General Assembly for these purposes. Eligible inmates
19 who are denied immediate admission shall be placed on a
20 waiting list under criteria established by the
21 Department. The inability of any inmate to become
22 engaged in any such programs by reason of insufficient
23 program resources or for any other reason established
24 under the rules and regulations of the Department shall
25 not be deemed a cause of action under which the
26 Department or any employee or agent of the Department
27 shall be liable for damages to the inmate.
28 (5) Whenever the Department is to release any
29 inmate earlier than it otherwise would because of a grant
30 of good conduct credit for meritorious service given at
31 any time during the term, the Department shall give
32 reasonable advance notice of the impending release to the
33 State's Attorney of the county where the prosecution of
34 the inmate took place.
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1 (b) Whenever a person is or has been committed under
2 several convictions, with separate sentences, the sentences
3 shall be construed under Section 5-8-4 in granting and
4 forfeiting of good time.
5 (c) The Department shall prescribe rules and regulations
6 for revoking good conduct credit, or suspending or reducing
7 the rate of accumulation of good conduct credit for specific
8 rule violations, during imprisonment. These rules and
9 regulations shall provide that no inmate may be penalized
10 more than one year of good conduct credit for any one
11 infraction.
12 When the Department seeks to revoke, suspend or reduce
13 the rate of accumulation of any good conduct credits for an
14 alleged infraction of its rules, it shall bring charges
15 therefor against the prisoner sought to be so deprived of
16 good conduct credits before the Prisoner Review Board as
17 provided in subparagraph (a)(4) of Section 3-3-2 of this
18 Code, if the amount of credit at issue exceeds 30 days or
19 when during any 12 month period, the cumulative amount of
20 credit revoked exceeds 30 days except where the infraction is
21 committed or discovered within 60 days of scheduled release.
22 In those cases, the Department of Corrections may revoke up
23 to 30 days of good conduct credit. The Board may subsequently
24 approve the revocation of additional good conduct credit, if
25 the Department seeks to revoke good conduct credit in excess
26 of 30 days. However, the Board shall not be empowered to
27 review the Department's decision with respect to the loss of
28 30 days of good conduct credit within any calendar year for
29 any prisoner or to increase any penalty beyond the length
30 requested by the Department.
31 The Director of the Department of Corrections, in
32 appropriate cases, may restore up to 30 days good conduct
33 credits which have been revoked, suspended or reduced. Any
34 restoration of good conduct credits in excess of 30 days
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1 shall be subject to review by the Prisoner Review Board.
2 However, the Board may not restore good conduct credit in
3 excess of the amount requested by the Director.
4 Nothing contained in this Section shall prohibit the
5 Prisoner Review Board from ordering, pursuant to Section
6 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
7 the sentence imposed by the court that was not served due to
8 the accumulation of good conduct credit.
9 (d) If a lawsuit is filed by a prisoner in an Illinois
10 or federal court against the State, the Department of
11 Corrections, or the Prisoner Review Board, or against any of
12 their officers or employees, and the court makes a specific
13 finding that a pleading, motion, or other paper filed by the
14 prisoner is frivolous, the Department of Corrections shall
15 conduct a hearing to revoke up to 180 days of good conduct
16 credit by bringing charges against the prisoner sought to be
17 deprived of the good conduct credits before the Prisoner
18 Review Board as provided in subparagraph (a)(8) of Section
19 3-3-2 of this Code. If the prisoner has not accumulated 180
20 days of good conduct credit at the time of the finding, then
21 the Prisoner Review Board may revoke all good conduct credit
22 accumulated by the prisoner.
23 For purposes of this subsection (d):
24 (1) "Frivolous" means that a pleading, motion, or
25 other filing which purports to be a legal document filed
26 by a prisoner in his or her lawsuit meets any or all of
27 the following criteria:
28 (A) it lacks an arguable basis either in law
29 or in fact;
30 (B) it is being presented for any improper
31 purpose, such as to harass or to cause unnecessary
32 delay or needless increase in the cost of
33 litigation;
34 (C) the claims, defenses, and other legal
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1 contentions therein are not warranted by existing
2 law or by a nonfrivolous argument for the extension,
3 modification, or reversal of existing law or the
4 establishment of new law;
5 (D) the allegations and other factual
6 contentions do not have evidentiary support or, if
7 specifically so identified, are not likely to have
8 evidentiary support after a reasonable opportunity
9 for further investigation or discovery; or
10 (E) the denials of factual contentions are not
11 warranted on the evidence, or if specifically so
12 identified, are not reasonably based on a lack of
13 information or belief.
14 (2) "Lawsuit" means a petition for post-conviction
15 relief under Article 122 of the Code of Criminal
16 Procedure of 1963, a motion pursuant to Section 116-3 of
17 the Code of Criminal Procedure of 1963, a habeas corpus
18 action under Article X of the Code of Civil Procedure or
19 under federal law (28 U.S.C. 2254), a petition for claim
20 under the Court of Claims Act or an action under the
21 federal Civil Rights Act (42 U.S.C. 1983).
22 (e) Nothing in this amendatory Act of 1998 affects the
23 validity of Public Act 89-404.
24 (Source: P.A. 90-141, eff. 1-1-98; 90-505, eff. 8-19-97;
25 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-655, eff.
26 7-30-98; 90-740, eff. 1-1-99; 91-121, eff. 7-15-99; 91-357,
27 eff. 7-29-99.)
28 (730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9)
29 Sec. 5-1-9. Felony.
30 "Felony" means an offense for which a sentence to death
31 or to a term of imprisonment in a penitentiary for one year
32 or more is provided.
33 (Source: P.A. 77-2097.)
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1 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
2 Sec. 5-4-1. Sentencing Hearing.
3 (a) Except when the death penalty is sought under
4 hearing procedures otherwise specified, After a determination
5 of guilt, a hearing shall be held to impose the sentence.
6 However, prior to the imposition of sentence on an individual
7 being sentenced for an offense based upon a charge for a
8 violation of Section 11-501 of the Illinois Vehicle Code or a
9 similar provision of a local ordinance, the individual must
10 undergo a professional evaluation to determine if an alcohol
11 or other drug abuse problem exists and the extent of such a
12 problem. Programs conducting these evaluations shall be
13 licensed by the Department of Human Services. However, if
14 the individual is not a resident of Illinois, the court may,
15 in its discretion, accept an evaluation from a program in the
16 state of such individual's residence. The court may in its
17 sentencing order approve an eligible defendant for placement
18 in a Department of Corrections impact incarceration program
19 as provided in Section 5-8-1.1. At the hearing the court
20 shall:
21 (1) consider the evidence, if any, received upon
22 the trial;
23 (2) consider any presentence reports;
24 (3) consider the financial impact of incarceration
25 based on the financial impact statement filed with the
26 clerk of the court by the Department of Corrections;
27 (4) consider evidence and information offered by
28 the parties in aggravation and mitigation;
29 (5) hear arguments as to sentencing alternatives;
30 (6) afford the defendant the opportunity to make a
31 statement in his own behalf;
32 (7) afford the victim of a violent crime or a
33 violation of Section 11-501 of the Illinois Vehicle Code,
34 or a similar provision of a local ordinance, or a
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1 qualified individual affected by a violation of Section
2 405, 405.1, 405.2, or 407 of the Illinois Controlled
3 Substances Act, committed by the defendant the
4 opportunity to make a statement concerning the impact on
5 the victim and to offer evidence in aggravation or
6 mitigation; provided that the statement and evidence
7 offered in aggravation or mitigation must first be
8 prepared in writing in conjunction with the State's
9 Attorney before it may be presented orally at the
10 hearing. Any sworn testimony offered by the victim is
11 subject to the defendant's right to cross-examine. All
12 statements and evidence offered under this paragraph (7)
13 shall become part of the record of the court. For the
14 purpose of this paragraph (7), "qualified individual"
15 means any person who (i) lived or worked within the
16 territorial jurisdiction where the offense took place
17 when the offense took place; and (ii) is familiar with
18 various public places within the territorial jurisdiction
19 where the offense took place when the offense took place.
20 For the purposes of this paragraph (7), "qualified
21 individual" includes any peace officer, or any member of
22 any duly organized State, county, or municipal peace unit
23 assigned to the territorial jurisdiction where the
24 offense took place when the offense took place; and
25 (8) in cases of reckless homicide afford the
26 victim's spouse, guardians, parents or other immediate
27 family members an opportunity to make oral statements.
28 (b) All sentences shall be imposed by the judge based
29 upon his independent assessment of the elements specified
30 above and any agreement as to sentence reached by the
31 parties. The judge who presided at the trial or the judge
32 who accepted the plea of guilty shall impose the sentence
33 unless he is no longer sitting as a judge in that court.
34 Where the judge does not impose sentence at the same time on
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1 all defendants who are convicted as a result of being
2 involved in the same offense, the defendant or the State's
3 Attorney may advise the sentencing court of the disposition
4 of any other defendants who have been sentenced.
5 (c) In imposing a sentence for a violent crime or for an
6 offense of operating or being in physical control of a
7 vehicle while under the influence of alcohol, any other drug
8 or any combination thereof, or a similar provision of a local
9 ordinance, when such offense resulted in the personal injury
10 to someone other than the defendant, the trial judge shall
11 specify on the record the particular evidence, information,
12 factors in mitigation and aggravation or other reasons that
13 led to his sentencing determination. The full verbatim record
14 of the sentencing hearing shall be filed with the clerk of
15 the court and shall be a public record.
16 (c-1) In imposing a sentence for the offense of
17 aggravated kidnapping for ransom, home invasion, armed
18 robbery, aggravated vehicular hijacking, aggravated discharge
19 of a firearm, or armed violence with a category I weapon or
20 category II weapon, the trial judge shall make a finding as
21 to whether the conduct leading to conviction for the offense
22 resulted in great bodily harm to a victim, and shall enter
23 that finding and the basis for that finding in the record.
24 (c-2) If the defendant is sentenced to prison, other
25 than when a sentence of natural life imprisonment or a
26 sentence of death is imposed, at the time the sentence is
27 imposed the judge shall state on the record in open court the
28 approximate period of time the defendant will serve in
29 custody according to the then current statutory rules and
30 regulations for early release found in Section 3-6-3 and
31 other related provisions of this Code. This statement is
32 intended solely to inform the public, has no legal effect on
33 the defendant's actual release, and may not be relied on by
34 the defendant on appeal.
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1 The judge's statement, to be given after pronouncing the
2 sentence, other than when the sentence is imposed for one of
3 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
4 shall include the following:
5 "The purpose of this statement is to inform the public of
6 the actual period of time this defendant is likely to spend
7 in prison as a result of this sentence. The actual period of
8 prison time served is determined by the statutes of Illinois
9 as applied to this sentence by the Illinois Department of
10 Corrections and the Illinois Prisoner Review Board. In this
11 case, assuming the defendant receives all of his or her good
12 conduct credit, the period of estimated actual custody is ...
13 years and ... months, less up to 180 days additional good
14 conduct credit for meritorious service. If the defendant,
15 because of his or her own misconduct or failure to comply
16 with the institutional regulations, does not receive those
17 credits, the actual time served in prison will be longer.
18 The defendant may also receive an additional one-half day
19 good conduct credit for each day of participation in
20 vocational, industry, substance abuse, and educational
21 programs as provided for by Illinois statute."
22 When the sentence is imposed for one of the offenses
23 enumerated in paragraph (a)(3) of Section 3-6-3, other than
24 when the sentence is imposed for one of the offenses
25 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
26 or after June 19, 1998, and other than when the sentence is
27 imposed for reckless homicide as defined in subsection (e) of
28 Section 9-3 of the Criminal Code of 1961 if the offense was
29 committed on or after January 1, 1999, the judge's statement,
30 to be given after pronouncing the sentence, shall include the
31 following:
32 "The purpose of this statement is to inform the public of
33 the actual period of time this defendant is likely to spend
34 in prison as a result of this sentence. The actual period of
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1 prison time served is determined by the statutes of Illinois
2 as applied to this sentence by the Illinois Department of
3 Corrections and the Illinois Prisoner Review Board. In this
4 case, assuming the defendant receives all of his or her good
5 conduct credit, the period of estimated actual custody is ...
6 years and ... months, less up to 90 days additional good
7 conduct credit for meritorious service. If the defendant,
8 because of his or her own misconduct or failure to comply
9 with the institutional regulations, does not receive those
10 credits, the actual time served in prison will be longer.
11 The defendant may also receive an additional one-half day
12 good conduct credit for each day of participation in
13 vocational, industry, substance abuse, and educational
14 programs as provided for by Illinois statute."
15 When the sentence is imposed for one of the offenses
16 enumerated in paragraph (a)(2) of Section 3-6-3, other than
17 first degree murder, and the offense was committed on or
18 after June 19, 1998, and when the sentence is imposed for
19 reckless homicide as defined in subsection (e) of Section 9-3
20 of the Criminal Code of 1961 if the offense was committed on
21 or after January 1, 1999, the judge's statement, to be given
22 after pronouncing the sentence, shall include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, the defendant is entitled to no more than 4 1/2 days of
30 good conduct credit for each month of his or her sentence of
31 imprisonment. Therefore, this defendant will serve at least
32 85% of his or her sentence. Assuming the defendant receives
33 4 1/2 days credit for each month of his or her sentence, the
34 period of estimated actual custody is ... years and ...
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1 months. If the defendant, because of his or her own
2 misconduct or failure to comply with the institutional
3 regulations receives lesser credit, the actual time served in
4 prison will be longer."
5 When a sentence of imprisonment is imposed for first
6 degree murder and the offense was committed on or after June
7 19, 1998, the judge's statement, to be given after
8 pronouncing the sentence, shall include the following:
9 "The purpose of this statement is to inform the public of
10 the actual period of time this defendant is likely to spend
11 in prison as a result of this sentence. The actual period of
12 prison time served is determined by the statutes of Illinois
13 as applied to this sentence by the Illinois Department of
14 Corrections and the Illinois Prisoner Review Board. In this
15 case, the defendant is not entitled to good conduct credit.
16 Therefore, this defendant will serve 100% of his or her
17 sentence."
18 (d) When the defendant is committed to the Department of
19 Corrections, the State's Attorney shall and counsel for the
20 defendant may file a statement with the clerk of the court to
21 be transmitted to the department, agency or institution to
22 which the defendant is committed to furnish such department,
23 agency or institution with the facts and circumstances of the
24 offense for which the person was committed together with all
25 other factual information accessible to them in regard to the
26 person prior to his commitment relative to his habits,
27 associates, disposition and reputation and any other facts
28 and circumstances which may aid such department, agency or
29 institution during its custody of such person. The clerk
30 shall within 10 days after receiving any such statements
31 transmit a copy to such department, agency or institution and
32 a copy to the other party, provided, however, that this shall
33 not be cause for delay in conveying the person to the
34 department, agency or institution to which he has been
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1 committed.
2 (e) The clerk of the court shall transmit to the
3 department, agency or institution, if any, to which the
4 defendant is committed, the following:
5 (1) the sentence imposed;
6 (2) any statement by the court of the basis for
7 imposing the sentence;
8 (3) any presentence reports;
9 (4) the number of days, if any, which the defendant
10 has been in custody and for which he is entitled to
11 credit against the sentence, which information shall be
12 provided to the clerk by the sheriff;
13 (4.1) any finding of great bodily harm made by the
14 court with respect to an offense enumerated in subsection
15 (c-1);
16 (5) all statements filed under subsection (d) of
17 this Section;
18 (6) any medical or mental health records or
19 summaries of the defendant;
20 (7) the municipality where the arrest of the
21 offender or the commission of the offense has occurred,
22 where such municipality has a population of more than
23 25,000 persons;
24 (8) all statements made and evidence offered under
25 paragraph (7) of subsection (a) of this Section; and
26 (9) all additional matters which the court directs
27 the clerk to transmit.
28 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
29 90-740, eff. 1-1-99; 91-357, eff. 7-29-99; 91-899, eff.
30 1-1-01.)
31 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
32 Sec. 5-5-3. Disposition.
33 (a) Every person convicted of an offense shall be
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1 sentenced as provided in this Section.
2 (b) The following options shall be appropriate
3 dispositions, alone or in combination, for all felonies and
4 misdemeanors other than those identified in subsection (c) of
5 this Section:
6 (1) A period of probation.
7 (2) A term of periodic imprisonment.
8 (3) A term of conditional discharge.
9 (4) A term of imprisonment.
10 (5) An order directing the offender to clean up and
11 repair the damage, if the offender was convicted under
12 paragraph (h) of Section 21-1 of the Criminal Code of
13 1961.
14 (6) A fine.
15 (7) An order directing the offender to make
16 restitution to the victim under Section 5-5-6 of this
17 Code.
18 (8) A sentence of participation in a county impact
19 incarceration program under Section 5-8-1.2 of this Code.
20 Whenever an individual is sentenced for an offense based
21 upon an arrest for a violation of Section 11-501 of the
22 Illinois Vehicle Code, or a similar provision of a local
23 ordinance, and the professional evaluation recommends
24 remedial or rehabilitative treatment or education, neither
25 the treatment nor the education shall be the sole disposition
26 and either or both may be imposed only in conjunction with
27 another disposition. The court shall monitor compliance with
28 any remedial education or treatment recommendations contained
29 in the professional evaluation. Programs conducting alcohol
30 or other drug evaluation or remedial education must be
31 licensed by the Department of Human Services. However, if
32 the individual is not a resident of Illinois, the court may
33 accept an alcohol or other drug evaluation or remedial
34 education program in the state of such individual's
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1 residence. Programs providing treatment must be licensed
2 under existing applicable alcoholism and drug treatment
3 licensure standards.
4 In addition to any other fine or penalty required by law,
5 any individual convicted of a violation of Section 11-501 of
6 the Illinois Vehicle Code or a similar provision of local
7 ordinance, whose operation of a motor vehicle while in
8 violation of Section 11-501 or such ordinance proximately
9 caused an incident resulting in an appropriate emergency
10 response, shall be required to make restitution to a public
11 agency for the costs of that emergency response. Such
12 restitution shall not exceed $500 per public agency for each
13 such emergency response. For the purpose of this paragraph,
14 emergency response shall mean any incident requiring a
15 response by: a police officer as defined under Section 1-162
16 of the Illinois Vehicle Code; a fireman carried on the rolls
17 of a regularly constituted fire department; and an ambulance
18 as defined under Section 4.05 of the Emergency Medical
19 Services (EMS) Systems Act.
20 Neither a fine nor restitution shall be the sole
21 disposition for a felony and either or both may be imposed
22 only in conjunction with another disposition.
23 (c) (1) When a defendant is found guilty of first degree
24 murder the defendant shall be sentenced to a term of
25 State may either seek a sentence of imprisonment under
26 Section 5-8-1 of this Code, or where appropriate seek a
27 sentence of death under Section 9-1 of the Criminal Code
28 of 1961.
29 (2) A period of probation, a term of periodic
30 imprisonment or conditional discharge shall not be
31 imposed for the following offenses. The court shall
32 sentence the offender to not less than the minimum term
33 of imprisonment set forth in this Code for the following
34 offenses, and may order a fine or restitution or both in
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1 conjunction with such term of imprisonment:
2 (A) First degree murder where the death
3 penalty is not imposed.
4 (B) Attempted first degree murder.
5 (C) A Class X felony.
6 (D) A violation of Section 401.1 or 407 of the
7 Illinois Controlled Substances Act, or a violation
8 of subdivision (c)(2) of Section 401 of that Act
9 which relates to more than 5 grams of a substance
10 containing cocaine or an analog thereof.
11 (E) A violation of Section 5.1 or 9 of the
12 Cannabis Control Act.
13 (F) A Class 2 or greater felony if the
14 offender had been convicted of a Class 2 or greater
15 felony within 10 years of the date on which the
16 offender committed the offense for which he or she
17 is being sentenced, except as otherwise provided in
18 Section 40-10 of the Alcoholism and Other Drug Abuse
19 and Dependency Act.
20 (G) Residential burglary, except as otherwise
21 provided in Section 40-10 of the Alcoholism and
22 Other Drug Abuse and Dependency Act.
23 (H) Criminal sexual assault, except as
24 otherwise provided in subsection (e) of this
25 Section.
26 (I) Aggravated battery of a senior citizen.
27 (J) A forcible felony if the offense was
28 related to the activities of an organized gang.
29 Before July 1, 1994, for the purposes of this
30 paragraph, "organized gang" means an association of
31 5 or more persons, with an established hierarchy,
32 that encourages members of the association to
33 perpetrate crimes or provides support to the members
34 of the association who do commit crimes.
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1 Beginning July 1, 1994, for the purposes of
2 this paragraph, "organized gang" has the meaning
3 ascribed to it in Section 10 of the Illinois
4 Streetgang Terrorism Omnibus Prevention Act.
5 (K) Vehicular hijacking.
6 (L) A second or subsequent conviction for the
7 offense of hate crime when the underlying offense
8 upon which the hate crime is based is felony
9 aggravated assault or felony mob action.
10 (M) A second or subsequent conviction for the
11 offense of institutional vandalism if the damage to
12 the property exceeds $300.
13 (N) A Class 3 felony violation of paragraph
14 (1) of subsection (a) of Section 2 of the Firearm
15 Owners Identification Card Act.
16 (O) A violation of Section 12-6.1 of the
17 Criminal Code of 1961.
18 (P) A violation of paragraph (1), (2), (3),
19 (4), (5), or (7) of subsection (a) of Section
20 11-20.1 of the Criminal Code of 1961.
21 (Q) A violation of Section 20-1.2 of the
22 Criminal Code of 1961.
23 (R) A violation of Section 24-3A of the
24 Criminal Code of 1961.
25 (3) A minimum term of imprisonment of not less than
26 48 consecutive hours or 100 hours of community service as
27 may be determined by the court shall be imposed for a
28 second or subsequent violation committed within 5 years
29 of a previous violation of Section 11-501 of the Illinois
30 Vehicle Code or a similar provision of a local ordinance.
31 (4) A minimum term of imprisonment of not less than
32 7 consecutive days or 30 days of community service shall
33 be imposed for a violation of paragraph (c) of Section
34 6-303 of the Illinois Vehicle Code.
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1 (4.1) A minimum term of 30 consecutive days of
2 imprisonment, 40 days of 24 hour periodic imprisonment or
3 720 hours of community service, as may be determined by
4 the court, shall be imposed for a violation of Section
5 11-501 of the Illinois Vehicle Code during a period in
6 which the defendant's driving privileges are revoked or
7 suspended, where the revocation or suspension was for a
8 violation of Section 11-501 or Section 11-501.1 of that
9 Code.
10 (5) The court may sentence an offender convicted of
11 a business offense or a petty offense or a corporation or
12 unincorporated association convicted of any offense to:
13 (A) a period of conditional discharge;
14 (B) a fine;
15 (C) make restitution to the victim under
16 Section 5-5-6 of this Code.
17 (6) In no case shall an offender be eligible for a
18 disposition of probation or conditional discharge for a
19 Class 1 felony committed while he was serving a term of
20 probation or conditional discharge for a felony.
21 (7) When a defendant is adjudged a habitual
22 criminal under Article 33B of the Criminal Code of 1961,
23 the court shall sentence the defendant to a term of
24 natural life imprisonment.
25 (8) When a defendant, over the age of 21 years, is
26 convicted of a Class 1 or Class 2 felony, after having
27 twice been convicted of any Class 2 or greater Class
28 felonies in Illinois, and such charges are separately
29 brought and tried and arise out of different series of
30 acts, such defendant shall be sentenced as a Class X
31 offender. This paragraph shall not apply unless (1) the
32 first felony was committed after the effective date of
33 this amendatory Act of 1977; and (2) the second felony
34 was committed after conviction on the first; and (3) the
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1 third felony was committed after conviction on the
2 second.
3 (9) A defendant convicted of a second or subsequent
4 offense of ritualized abuse of a child may be sentenced
5 to a term of natural life imprisonment.
6 (d) In any case in which a sentence originally imposed
7 is vacated, the case shall be remanded to the trial court.
8 The trial court shall hold a hearing under Section 5-4-1 of
9 the Unified Code of Corrections which may include evidence of
10 the defendant's life, moral character and occupation during
11 the time since the original sentence was passed. The trial
12 court shall then impose sentence upon the defendant. The
13 trial court may impose any sentence which could have been
14 imposed at the original trial subject to Section 5-5-4 of the
15 Unified Code of Corrections.
16 (e) In cases where prosecution for criminal sexual
17 assault or aggravated criminal sexual abuse under Section
18 12-13 or 12-16 of the Criminal Code of 1961 results in
19 conviction of a defendant who was a family member of the
20 victim at the time of the commission of the offense, the
21 court shall consider the safety and welfare of the victim and
22 may impose a sentence of probation only where:
23 (1) the court finds (A) or (B) or both are
24 appropriate:
25 (A) the defendant is willing to undergo a
26 court approved counseling program for a minimum
27 duration of 2 years; or
28 (B) the defendant is willing to participate in
29 a court approved plan including but not limited to
30 the defendant's:
31 (i) removal from the household;
32 (ii) restricted contact with the victim;
33 (iii) continued financial support of the
34 family;
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1 (iv) restitution for harm done to the
2 victim; and
3 (v) compliance with any other measures
4 that the court may deem appropriate; and
5 (2) the court orders the defendant to pay for the
6 victim's counseling services, to the extent that the
7 court finds, after considering the defendant's income and
8 assets, that the defendant is financially capable of
9 paying for such services, if the victim was under 18
10 years of age at the time the offense was committed and
11 requires counseling as a result of the offense.
12 Probation may be revoked or modified pursuant to Section
13 5-6-4; except where the court determines at the hearing that
14 the defendant violated a condition of his or her probation
15 restricting contact with the victim or other family members
16 or commits another offense with the victim or other family
17 members, the court shall revoke the defendant's probation and
18 impose a term of imprisonment.
19 For the purposes of this Section, "family member" and
20 "victim" shall have the meanings ascribed to them in Section
21 12-12 of the Criminal Code of 1961.
22 (f) This Article shall not deprive a court in other
23 proceedings to order a forfeiture of property, to suspend or
24 cancel a license, to remove a person from office, or to
25 impose any other civil penalty.
26 (g) Whenever a defendant is convicted of an offense
27 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
28 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
29 12-15 or 12-16 of the Criminal Code of 1961, the defendant
30 shall undergo medical testing to determine whether the
31 defendant has any sexually transmissible disease, including a
32 test for infection with human immunodeficiency virus (HIV) or
33 any other identified causative agent of acquired
34 immunodeficiency syndrome (AIDS). Any such medical test
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1 shall be performed only by appropriately licensed medical
2 practitioners and may include an analysis of any bodily
3 fluids as well as an examination of the defendant's person.
4 Except as otherwise provided by law, the results of such test
5 shall be kept strictly confidential by all medical personnel
6 involved in the testing and must be personally delivered in a
7 sealed envelope to the judge of the court in which the
8 conviction was entered for the judge's inspection in camera.
9 Acting in accordance with the best interests of the victim
10 and the public, the judge shall have the discretion to
11 determine to whom, if anyone, the results of the testing may
12 be revealed. The court shall notify the defendant of the test
13 results. The court shall also notify the victim if requested
14 by the victim, and if the victim is under the age of 15 and
15 if requested by the victim's parents or legal guardian, the
16 court shall notify the victim's parents or legal guardian of
17 the test results. The court shall provide information on the
18 availability of HIV testing and counseling at Department of
19 Public Health facilities to all parties to whom the results
20 of the testing are revealed and shall direct the State's
21 Attorney to provide the information to the victim when
22 possible. A State's Attorney may petition the court to obtain
23 the results of any HIV test administered under this Section,
24 and the court shall grant the disclosure if the State's
25 Attorney shows it is relevant in order to prosecute a charge
26 of criminal transmission of HIV under Section 12-16.2 of the
27 Criminal Code of 1961 against the defendant. The court shall
28 order that the cost of any such test shall be paid by the
29 county and may be taxed as costs against the convicted
30 defendant.
31 (g-5) When an inmate is tested for an airborne
32 communicable disease, as determined by the Illinois
33 Department of Public Health including but not limited to
34 tuberculosis, the results of the test shall be personally
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1 delivered by the warden or his or her designee in a sealed
2 envelope to the judge of the court in which the inmate must
3 appear for the judge's inspection in camera if requested by
4 the judge. Acting in accordance with the best interests of
5 those in the courtroom, the judge shall have the discretion
6 to determine what if any precautions need to be taken to
7 prevent transmission of the disease in the courtroom.
8 (h) Whenever a defendant is convicted of an offense
9 under Section 1 or 2 of the Hypodermic Syringes and Needles
10 Act, the defendant shall undergo medical testing to determine
11 whether the defendant has been exposed to human
12 immunodeficiency virus (HIV) or any other identified
13 causative agent of acquired immunodeficiency syndrome (AIDS).
14 Except as otherwise provided by law, the results of such test
15 shall be kept strictly confidential by all medical personnel
16 involved in the testing and must be personally delivered in a
17 sealed envelope to the judge of the court in which the
18 conviction was entered for the judge's inspection in camera.
19 Acting in accordance with the best interests of the public,
20 the judge shall have the discretion to determine to whom, if
21 anyone, the results of the testing may be revealed. The court
22 shall notify the defendant of a positive test showing an
23 infection with the human immunodeficiency virus (HIV). The
24 court shall provide information on the availability of HIV
25 testing and counseling at Department of Public Health
26 facilities to all parties to whom the results of the testing
27 are revealed and shall direct the State's Attorney to provide
28 the information to the victim when possible. A State's
29 Attorney may petition the court to obtain the results of any
30 HIV test administered under this Section, and the court
31 shall grant the disclosure if the State's Attorney shows it
32 is relevant in order to prosecute a charge of criminal
33 transmission of HIV under Section 12-16.2 of the Criminal
34 Code of 1961 against the defendant. The court shall order
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1 that the cost of any such test shall be paid by the county
2 and may be taxed as costs against the convicted defendant.
3 (i) All fines and penalties imposed under this Section
4 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
5 Vehicle Code, or a similar provision of a local ordinance,
6 and any violation of the Child Passenger Protection Act, or a
7 similar provision of a local ordinance, shall be collected
8 and disbursed by the circuit clerk as provided under Section
9 27.5 of the Clerks of Courts Act.
10 (j) In cases when prosecution for any violation of
11 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
12 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
13 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
14 12-16 of the Criminal Code of 1961, any violation of the
15 Illinois Controlled Substances Act, or any violation of the
16 Cannabis Control Act results in conviction, a disposition of
17 court supervision, or an order of probation granted under
18 Section 10 of the Cannabis Control Act or Section 410 of the
19 Illinois Controlled Substance Act of a defendant, the court
20 shall determine whether the defendant is employed by a
21 facility or center as defined under the Child Care Act of
22 1969, a public or private elementary or secondary school, or
23 otherwise works with children under 18 years of age on a
24 daily basis. When a defendant is so employed, the court
25 shall order the Clerk of the Court to send a copy of the
26 judgment of conviction or order of supervision or probation
27 to the defendant's employer by certified mail. If the
28 employer of the defendant is a school, the Clerk of the Court
29 shall direct the mailing of a copy of the judgment of
30 conviction or order of supervision or probation to the
31 appropriate regional superintendent of schools. The regional
32 superintendent of schools shall notify the State Board of
33 Education of any notification under this subsection.
34 (j-5) A defendant at least 17 years of age who is
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1 convicted of a felony and who has not been previously
2 convicted of a misdemeanor or felony and who is sentenced to
3 a term of imprisonment in the Illinois Department of
4 Corrections shall as a condition of his or her sentence be
5 required by the court to attend educational courses designed
6 to prepare the defendant for a high school diploma and to
7 work toward a high school diploma or to work toward passing
8 the high school level Test of General Educational Development
9 (GED) or to work toward completing a vocational training
10 program offered by the Department of Corrections. If a
11 defendant fails to complete the educational training required
12 by his or her sentence during the term of incarceration, the
13 Prisoner Review Board shall, as a condition of mandatory
14 supervised release, require the defendant, at his or her own
15 expense, to pursue a course of study toward a high school
16 diploma or passage of the GED test. The Prisoner Review
17 Board shall revoke the mandatory supervised release of a
18 defendant who wilfully fails to comply with this subsection
19 (j-5) upon his or her release from confinement in a penal
20 institution while serving a mandatory supervised release
21 term; however, the inability of the defendant after making a
22 good faith effort to obtain financial aid or pay for the
23 educational training shall not be deemed a wilful failure to
24 comply. The Prisoner Review Board shall recommit the
25 defendant whose mandatory supervised release term has been
26 revoked under this subsection (j-5) as provided in Section
27 3-3-9. This subsection (j-5) does not apply to a defendant
28 who has a high school diploma or has successfully passed the
29 GED test. This subsection (j-5) does not apply to a defendant
30 who is determined by the court to be developmentally disabled
31 or otherwise mentally incapable of completing the educational
32 or vocational program.
33 (k) A court may not impose a sentence or disposition for
34 a felony or misdemeanor that requires the defendant to be
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1 implanted or injected with or to use any form of birth
2 control.
3 (l) (A) Except as provided in paragraph (C) of
4 subsection (l), whenever a defendant, who is an alien as
5 defined by the Immigration and Nationality Act, is
6 convicted of any felony or misdemeanor offense, the court
7 after sentencing the defendant may, upon motion of the
8 State's Attorney, hold sentence in abeyance and remand
9 the defendant to the custody of the Attorney General of
10 the United States or his or her designated agent to be
11 deported when:
12 (1) a final order of deportation has been
13 issued against the defendant pursuant to proceedings
14 under the Immigration and Nationality Act, and
15 (2) the deportation of the defendant would not
16 deprecate the seriousness of the defendant's conduct
17 and would not be inconsistent with the ends of
18 justice.
19 Otherwise, the defendant shall be sentenced as
20 provided in this Chapter V.
21 (B) If the defendant has already been sentenced for
22 a felony or misdemeanor offense, or has been placed on
23 probation under Section 10 of the Cannabis Control Act or
24 Section 410 of the Illinois Controlled Substances Act,
25 the court may, upon motion of the State's Attorney to
26 suspend the sentence imposed, commit the defendant to the
27 custody of the Attorney General of the United States or
28 his or her designated agent when:
29 (1) a final order of deportation has been
30 issued against the defendant pursuant to proceedings
31 under the Immigration and Nationality Act, and
32 (2) the deportation of the defendant would not
33 deprecate the seriousness of the defendant's conduct
34 and would not be inconsistent with the ends of
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1 justice.
2 (C) This subsection (l) does not apply to offenders
3 who are subject to the provisions of paragraph (2) of
4 subsection (a) of Section 3-6-3.
5 (D) Upon motion of the State's Attorney, if a
6 defendant sentenced under this Section returns to the
7 jurisdiction of the United States, the defendant shall be
8 recommitted to the custody of the county from which he or
9 she was sentenced. Thereafter, the defendant shall be
10 brought before the sentencing court, which may impose any
11 sentence that was available under Section 5-5-3 at the
12 time of initial sentencing. In addition, the defendant
13 shall not be eligible for additional good conduct credit
14 for meritorious service as provided under Section 3-6-6.
15 (m) A person convicted of criminal defacement of
16 property under Section 21-1.3 of the Criminal Code of 1961,
17 in which the property damage exceeds $300 and the property
18 damaged is a school building, shall be ordered to perform
19 community service that may include cleanup, removal, or
20 painting over the defacement.
21 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
22 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
23 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
24 12-22-99; 91-695, eff. 4-13-00.)
25 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
26 Sec. 5-8-1. Sentence of Imprisonment for Felony.
27 (a) Except as otherwise provided in the statute defining
28 the offense, a sentence of imprisonment for a felony shall be
29 a determinate sentence set by the court under this Section,
30 according to the following limitations:
31 (1) for first degree murder,
32 (a) a term shall be not less than 20 years and
33 not more than 60 years, or
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1 (b) if the court finds that the murder was
2 accompanied by exceptionally brutal or heinous
3 behavior indicative of wanton cruelty or, except as
4 set forth in subsection (a)(1)(c) of this Section,
5 that any of the aggravating factors listed in
6 subsection (b) of Section 9-1 of the Criminal Code
7 of 1961 are present, the court may sentence the
8 defendant to a term of natural life imprisonment, or
9 (b-5) a defendant who has been sentenced to
10 death before the effective date of this amendatory
11 Act of the 92nd General Assembly shall be sentenced
12 as provided in this Chapter V, or
13 (c) the court shall sentence the defendant to
14 a term of natural life imprisonment when the death
15 penalty is not imposed if the defendant,
16 (i) has previously been convicted of
17 first degree murder under any state or federal
18 law, or
19 (ii) is a person who, at the time of the
20 commission of the murder, had attained the age
21 of 17 or more and is found guilty of murdering
22 an individual under 12 years of age; or,
23 irrespective of the defendant's age at the time
24 of the commission of the offense, is found
25 guilty of murdering more than one victim, or
26 (iii) is found guilty of murdering a
27 peace officer or fireman when the peace officer
28 or fireman was killed in the course of
29 performing his official duties, or to prevent
30 the peace officer or fireman from performing
31 his official duties, or in retaliation for the
32 peace officer or fireman performing his
33 official duties, and the defendant knew or
34 should have known that the murdered individual
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1 was a peace officer or fireman, or
2 (iv) is found guilty of murdering an
3 employee of an institution or facility of the
4 Department of Corrections, or any similar local
5 correctional agency, when the employee was
6 killed in the course of performing his official
7 duties, or to prevent the employee from
8 performing his official duties, or in
9 retaliation for the employee performing his
10 official duties, or
11 (v) is found guilty of murdering an
12 emergency medical technician - ambulance,
13 emergency medical technician - intermediate,
14 emergency medical technician - paramedic,
15 ambulance driver or other medical assistance or
16 first aid person while employed by a
17 municipality or other governmental unit when
18 the person was killed in the course of
19 performing official duties or to prevent the
20 person from performing official duties or in
21 retaliation for performing official duties and
22 the defendant knew or should have known that
23 the murdered individual was an emergency
24 medical technician - ambulance, emergency
25 medical technician - intermediate, emergency
26 medical technician - paramedic, ambulance
27 driver, or other medical assistant or first aid
28 personnel, or
29 (vi) is a person who, at the time of the
30 commission of the murder, had not attained the
31 age of 17, and is found guilty of murdering a
32 person under 12 years of age and the murder is
33 committed during the course of aggravated
34 criminal sexual assault, criminal sexual
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1 assault, or aggravated kidnaping, or
2 (vii) is found guilty of first degree
3 murder and the murder was committed by reason
4 of any person's activity as a community
5 policing volunteer or to prevent any person
6 from engaging in activity as a community
7 policing volunteer. For the purpose of this
8 Section, "community policing volunteer" has the
9 meaning ascribed to it in Section 2-3.5 of the
10 Criminal Code of 1961.
11 For purposes of clause (v), "emergency medical
12 technician - ambulance", "emergency medical
13 technician - intermediate", "emergency medical
14 technician - paramedic", have the meanings ascribed
15 to them in the Emergency Medical Services (EMS)
16 Systems Act.
17 (d) (i) if the person committed the offense
18 while armed with a firearm, 15 years shall be
19 added to the term of imprisonment imposed by
20 the court;
21 (ii) if, during the commission of the
22 offense, the person personally discharged a
23 firearm, 20 years shall be added to the term of
24 imprisonment imposed by the court;
25 (iii) if, during the commission of the
26 offense, the person personally discharged a
27 firearm that proximately caused great bodily
28 harm, permanent disability, permanent
29 disfigurement, or death to another person, 25
30 years or up to a term of natural life shall be
31 added to the term of imprisonment imposed by
32 the court.
33 (1.5) for second degree murder, a term shall be not
34 less than 4 years and not more than 20 years;
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1 (2) for a person adjudged a habitual criminal under
2 Article 33B of the Criminal Code of 1961, as amended, the
3 sentence shall be a term of natural life imprisonment;
4 (2.5) for a person convicted under the
5 circumstances described in paragraph (3) of subsection
6 (b) of Section 12-13, paragraph (2) of subsection (d) of
7 Section 12-14, paragraph (1.2) of subsection (b) of
8 Section 12-14.1, or paragraph (2) of subsection (b) of
9 Section 12-14.1 of the Criminal Code of 1961, the
10 sentence shall be a term of natural life imprisonment;
11 (3) except as otherwise provided in the statute
12 defining the offense, for a Class X felony, the sentence
13 shall be not less than 6 years and not more than 30
14 years;
15 (4) for a Class 1 felony, other than second degree
16 murder, the sentence shall be not less than 4 years and
17 not more than 15 years;
18 (5) for a Class 2 felony, the sentence shall be not
19 less than 3 years and not more than 7 years;
20 (6) for a Class 3 felony, the sentence shall be not
21 less than 2 years and not more than 5 years;
22 (7) for a Class 4 felony, the sentence shall be not
23 less than 1 year and not more than 3 years.
24 (b) The sentencing judge in each felony conviction shall
25 set forth his reasons for imposing the particular sentence he
26 enters in the case, as provided in Section 5-4-1 of this
27 Code. Those reasons may include any mitigating or
28 aggravating factors specified in this Code, or the lack of
29 any such circumstances, as well as any other such factors as
30 the judge shall set forth on the record that are consistent
31 with the purposes and principles of sentencing set out in
32 this Code.
33 (c) A motion to reduce a sentence may be made, or the
34 court may reduce a sentence without motion, within 30 days
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1 after the sentence is imposed. A defendant's challenge to
2 the correctness of a sentence or to any aspect of the
3 sentencing hearing shall be made by a written motion filed
4 within 30 days following the imposition of sentence.
5 However, the court may not increase a sentence once it is
6 imposed.
7 If a motion filed pursuant to this subsection is timely
8 filed within 30 days after the sentence is imposed, the
9 proponent of the motion shall exercise due diligence in
10 seeking a determination on the motion and the court shall
11 thereafter decide such motion within a reasonable time.
12 If a motion filed pursuant to this subsection is timely
13 filed within 30 days after the sentence is imposed, then for
14 purposes of perfecting an appeal, a final judgment shall not
15 be considered to have been entered until the motion to reduce
16 a sentence has been decided by order entered by the trial
17 court.
18 A motion filed pursuant to this subsection shall not be
19 considered to have been timely filed unless it is filed with
20 the circuit court clerk within 30 days after the sentence is
21 imposed together with a notice of motion, which notice of
22 motion shall set the motion on the court's calendar on a date
23 certain within a reasonable time after the date of filing.
24 (d) Except where a term of natural life is imposed,
25 every sentence shall include as though written therein a term
26 in addition to the term of imprisonment. For those sentenced
27 under the law in effect prior to February 1, 1978, such term
28 shall be identified as a parole term. For those sentenced on
29 or after February 1, 1978, such term shall be identified as a
30 mandatory supervised release term. Subject to earlier
31 termination under Section 3-3-8, the parole or mandatory
32 supervised release term shall be as follows:
33 (1) for first degree murder or a Class X felony, 3
34 years;
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1 (2) for a Class 1 felony or a Class 2 felony, 2
2 years;
3 (3) for a Class 3 felony or a Class 4 felony, 1
4 year;
5 (4) if the victim is under 18 years of age, for a
6 second or subsequent offense of criminal sexual assault
7 or aggravated criminal sexual assault, 5 years, at least
8 the first 2 years of which the defendant shall serve in
9 an electronic home detention program under Article 8A of
10 Chapter V of this Code;
11 (5) if the victim is under 18 years of age, for a
12 second or subsequent offense of aggravated criminal
13 sexual abuse or felony criminal sexual abuse, 4 years, at
14 least the first 2 years of which the defendant shall
15 serve in an electronic home detention program under
16 Article 8A of Chapter V of this Code.
17 (e) A defendant who has a previous and unexpired
18 sentence of imprisonment imposed by another state or by any
19 district court of the United States and who, after sentence
20 for a crime in Illinois, must return to serve the unexpired
21 prior sentence may have his sentence by the Illinois court
22 ordered to be concurrent with the prior sentence in the other
23 state. The court may order that any time served on the
24 unexpired portion of the sentence in the other state, prior
25 to his return to Illinois, shall be credited on his Illinois
26 sentence. The other state shall be furnished with a copy of
27 the order imposing sentence which shall provide that, when
28 the offender is released from confinement of the other state,
29 whether by parole or by termination of sentence, the offender
30 shall be transferred by the Sheriff of the committing county
31 to the Illinois Department of Corrections. The court shall
32 cause the Department of Corrections to be notified of such
33 sentence at the time of commitment and to be provided with
34 copies of all records regarding the sentence.
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1 (f) A defendant who has a previous and unexpired
2 sentence of imprisonment imposed by an Illinois circuit court
3 for a crime in this State and who is subsequently sentenced
4 to a term of imprisonment by another state or by any district
5 court of the United States and who has served a term of
6 imprisonment imposed by the other state or district court of
7 the United States, and must return to serve the unexpired
8 prior sentence imposed by the Illinois Circuit Court may
9 apply to the court which imposed sentence to have his
10 sentence reduced.
11 The circuit court may order that any time served on the
12 sentence imposed by the other state or district court of the
13 United States be credited on his Illinois sentence. Such
14 application for reduction of a sentence under this
15 subsection (f) shall be made within 30 days after the
16 defendant has completed the sentence imposed by the other
17 state or district court of the United States.
18 (Source: P.A. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99;
19 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.)
20 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
21 Sec. 5-8-4. Concurrent and Consecutive Terms of
22 Imprisonment.
23 (a) When multiple sentences of imprisonment are imposed
24 on a defendant at the same time, or when a term of
25 imprisonment is imposed on a defendant who is already subject
26 to sentence in this State or in another state, or for a
27 sentence imposed by any district court of the United States,
28 the sentences shall run concurrently or consecutively as
29 determined by the court. When a term of imprisonment is
30 imposed on a defendant by an Illinois circuit court and the
31 defendant is subsequently sentenced to a term of imprisonment
32 by another state or by a district court of the United States,
33 the Illinois circuit court which imposed the sentence may
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1 order that the Illinois sentence be made concurrent with the
2 sentence imposed by the other state or district court of the
3 United States. The defendant must apply to the circuit court
4 within 30 days after the defendant's sentence imposed by the
5 other state or district of the United States is finalized.
6 The court shall not impose consecutive sentences for offenses
7 which were committed as part of a single course of conduct
8 during which there was no substantial change in the nature of
9 the criminal objective, unless:
10 (i) one of the offenses for which defendant was
11 convicted was first degree murder or a Class X or Class 1
12 felony and the defendant inflicted severe bodily injury,
13 or
14 (ii) the defendant was convicted of a violation of
15 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
16 1961, or
17 (iii) the defendant was convicted of armed violence
18 based upon the predicate offense of solicitation of
19 murder, solicitation of murder for hire, heinous battery,
20 aggravated battery of a senior citizen, criminal sexual
21 assault, a violation of subsection (g) of Section 5 of
22 the Cannabis Control Act, cannabis trafficking, a
23 violation of subsection (a) of Section 401 of the
24 Illinois Controlled Substances Act, controlled substance
25 trafficking involving a Class X felony amount of
26 controlled substance under Section 401 of the Illinois
27 Controlled Substances Act, calculated criminal drug
28 conspiracy, or streetgang criminal drug conspiracy,
29 in which event the court shall enter sentences to run
30 consecutively. Sentences shall run concurrently unless
31 otherwise specified by the court.
32 (b) The court shall not impose a consecutive sentence
33 except as provided for in subsection (a) unless, having
34 regard to the nature and circumstances of the offense and the
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1 history and character of the defendant, it is of the opinion
2 that such a term is required to protect the public from
3 further criminal conduct by the defendant, the basis for
4 which the court shall set forth in the record; except that no
5 such finding or opinion is required when multiple sentences
6 of imprisonment are imposed on a defendant for offenses that
7 were not committed as part of a single course of conduct
8 during which there was no substantial change in the nature of
9 the criminal objective, and one of the offenses for which the
10 defendant was convicted was first degree murder or a Class X
11 or Class 1 felony and the defendant inflicted severe bodily
12 injury, or when the defendant was convicted of a violation of
13 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
14 1961, or where the defendant was convicted of armed violence
15 based upon the predicate offense of solicitation of murder,
16 solicitation of murder for hire, heinous battery, aggravated
17 battery of a senior citizen, criminal sexual assault, a
18 violation of subsection (g) of Section 5 of the Cannabis
19 Control Act, cannabis trafficking, a violation of subsection
20 (a) of Section 401 of the Illinois Controlled Substances Act,
21 controlled substance trafficking involving a Class X felony
22 amount of controlled substance under Section 401 of the
23 Illinois Controlled Substances Act, calculated criminal drug
24 conspiracy, or streetgang criminal drug conspiracy, in which
25 event the Court shall enter sentences to run consecutively.
26 (c) (1) For sentences imposed under law in effect prior
27 to February 1, 1978 the aggregate maximum of consecutive
28 sentences shall not exceed the maximum term authorized
29 under Section 5-8-1 for the 2 most serious felonies
30 involved. The aggregate minimum period of consecutive
31 sentences shall not exceed the highest minimum term
32 authorized under Section 5-8-1 for the 2 most serious
33 felonies involved. When sentenced only for misdemeanors,
34 a defendant shall not be consecutively sentenced to more
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1 than the maximum for one Class A misdemeanor.
2 (2) For sentences imposed under the law in effect
3 on or after February 1, 1978, the aggregate of
4 consecutive sentences for offenses that were committed as
5 part of a single course of conduct during which there was
6 no substantial change in the nature of the criminal
7 objective shall not exceed the sum of the maximum terms
8 authorized under Section 5-8-2 for the 2 most serious
9 felonies involved, but no such limitation shall apply for
10 offenses that were not committed as part of a single
11 course of conduct during which there was no substantial
12 change in the nature of the criminal objective. When
13 sentenced only for misdemeanors, a defendant shall not be
14 consecutively sentenced to more than the maximum for one
15 Class A misdemeanor.
16 (d) An offender serving a sentence for a misdemeanor who
17 is convicted of a felony and sentenced to imprisonment shall
18 be transferred to the Department of Corrections, and the
19 misdemeanor sentence shall be merged in and run concurrently
20 with the felony sentence.
21 (e) In determining the manner in which consecutive
22 sentences of imprisonment, one or more of which is for a
23 felony, will be served, the Department of Corrections shall
24 treat the offender as though he had been committed for a
25 single term with the following incidents:
26 (1) the maximum period of a term of imprisonment
27 shall consist of the aggregate of the maximums of the
28 imposed indeterminate terms, if any, plus the aggregate
29 of the imposed determinate sentences for felonies plus
30 the aggregate of the imposed determinate sentences for
31 misdemeanors subject to paragraph (c) of this Section;
32 (2) the parole or mandatory supervised release term
33 shall be as provided in paragraph (e) of Section 5-8-1 of
34 this Code for the most serious of the offenses involved;
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1 (3) the minimum period of imprisonment shall be the
2 aggregate of the minimum and determinate periods of
3 imprisonment imposed by the court, subject to paragraph
4 (c) of this Section; and
5 (4) the offender shall be awarded credit against
6 the aggregate maximum term and the aggregate minimum term
7 of imprisonment for all time served in an institution
8 since the commission of the offense or offenses and as a
9 consequence thereof at the rate specified in Section
10 3-6-3 of this Code.
11 (f) A sentence of an offender committed to the
12 Department of Corrections at the time of the commission of
13 the offense shall be served consecutive to the sentence under
14 which he is held by the Department of Corrections. However,
15 in case such offender shall be sentenced to punishment by
16 death, the sentence shall be executed at such time as the
17 court may fix without regard to the sentence under which such
18 offender may be held by the Department.
19 (g) A sentence under Section 3-6-4 for escape or
20 attempted escape shall be served consecutive to the terms
21 under which the offender is held by the Department of
22 Corrections.
23 (h) If a person charged with a felony commits a separate
24 felony while on pre-trial release or in pretrial detention in
25 a county jail facility or county detention facility, the
26 sentences imposed upon conviction of these felonies shall be
27 served consecutively regardless of the order in which the
28 judgments of conviction are entered.
29 (i) If a person admitted to bail following conviction of
30 a felony commits a separate felony while free on bond or if a
31 person detained in a county jail facility or county detention
32 facility following conviction of a felony commits a separate
33 felony while in detention, any sentence following conviction
34 of the separate felony shall be consecutive to that of the
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1 original sentence for which the defendant was on bond or
2 detained.
3 (Source: P.A. 90-128, eff. 7-22-97; 91-144, eff. 1-1-00;
4 91-404, eff. 1-1-00; revised 9-29-99.)
5 (730 ILCS 5/5-8-5) (from Ch. 38, par. 1005-8-5)
6 Sec. 5-8-5. Commitment of the Offender. Upon rendition
7 of judgment after pronouncement of a sentence of periodic
8 imprisonment or, imprisonment, or death, the court shall
9 commit the offender to the custody of the sheriff or to the
10 Department of Corrections. A sheriff in executing an order
11 for commitment to the Department of Corrections shall convey
12 such offender to the nearest receiving station designated by
13 the Department of Corrections. The court may commit the
14 offender to the custody of the Attorney General of the United
15 States under Section 5-8-6 when a sentence for a State
16 offense provides that such sentence is to run concurrently
17 with a previous and unexpired federal sentence. The expense
18 of conveying a person committed by the juvenile court or an
19 offender convicted of a felony shall be paid by the State.
20 The expenses in all other cases shall be paid by the county
21 of the committing court.
22 (Source: P.A. 84-551.)
23 Section 70. The Code of Civil Procedure is amended by
24 changing Sections 10-103 and 10-136 as follows:
25 (735 ILCS 5/10-103) (from Ch. 110, par. 10-103)
26 Sec. 10-103. Application. Application for the relief
27 shall be made to the Supreme Court or to the circuit court of
28 the county in which the person in whose behalf the
29 application is made, is imprisoned or restrained, or to the
30 circuit court of the county from which such person was
31 sentenced or committed. Application shall be made by
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1 complaint signed by the person for whose relief it is
2 intended, or by some person in his or her behalf, and
3 verified by affidavit. Application for relief under this
4 Article may not be commenced on behalf of a person who has
5 been sentenced to death without the written consent of that
6 person, unless the person, because of a mental or physical
7 condition, is incapable of asserting his or her own claim.
8 (Source: P.A. 89-684, eff. 6-1-97.)
9 (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
10 Sec. 10-136. Prisoner remanded or punished. After a
11 prisoner has given his or her testimony, or been surrendered,
12 or his or her bail discharged, or he or she has been tried
13 for the crime with which he or she is charged, he or she
14 shall be returned to the jail or other place of confinement
15 from which he or she was taken for that purpose. If such
16 prisoner is convicted of a crime punishable with death or
17 imprisonment in the penitentiary, he or she may be punished
18 accordingly; but in any case where the prisoner has been
19 taken from the penitentiary, and his or her punishment is by
20 imprisonment, the time of such imprisonment shall not
21 commence to run until the expiration of the time of service
22 under any former sentence.
23 (Source: P.A. 82-280.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 2605/2605-40 was 20 ILCS 2605/55a-4
4 20 ILCS 2630/2.1 from Ch. 38, par. 206-2.1
5 30 ILCS 105/5.490 rep.
6 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
7 55 ILCS 5/3-4011 from Ch. 34, par. 3-4011
8 55 ILCS 5/3-4006.1 rep.
9 105 ILCS 5/21-23b from Ch. 122, par. 21-23b
10 305 ILCS 5/1-8
11 720 ILCS 5/2-7 from Ch. 38, par. 2-7
12 720 ILCS 5/7-10 from Ch. 38, par. 7-10
13 720 ILCS 5/9-1 from Ch. 38, par. 9-1
14 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
15 720 ILCS 5/30-1 from Ch. 38, par. 30-1
16 720 ILCS 5/33B-1 from Ch. 38, par. 33B-1
17 720 ILCS 550/9 from Ch. 56 1/2, par. 709
18 725 ILCS 5/104-26 from Ch. 38, par. 104-26
19 725 ILCS 5/113-3 from Ch. 38, par. 113-3
20 725 ILCS 5/114-5 from Ch. 38, par. 114-5
21 725 ILCS 5/115-4 from Ch. 38, par. 115-4
22 725 ILCS 5/115-4.1 from Ch. 38, par. 115-4.1
23 725 ILCS 5/119-5 from Ch. 38, par. 119-5
24 725 ILCS 5/121-13 from Ch. 38, par. 121-13
25 725 ILCS 5/122-1 from Ch. 38, par. 122-1
26 725 ILCS 5/122-2.1 from Ch. 38, par. 122-2.1
27 725 ILCS 5/122-4 from Ch. 38, par. 122-4
28 725 ILCS 105/10 from Ch. 38, par. 208-10
29 725 ILCS 105/10.5
30 725 ILCS 124/Act rep.
31 725 ILCS 235/5 from Ch. 38, par. 157-5
32 730 ILCS 5/3-3-13 from Ch. 38, par. 1003-3-13
33 730 ILCS 5/3-8-10 from Ch. 38, par. 1003-8-10
34 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
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1 730 ILCS 5/5-1-9 from Ch. 38, par. 1005-1-9
2 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
3 730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
5 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
6 730 ILCS 5/5-8-5 from Ch. 38, par. 1005-8-5
7 735 ILCS 5/10-103 from Ch. 110, par. 10-103
8 735 ILCS 5/10-136 from Ch. 110, par. 10-136