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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2993 Introduced 2/4/2014, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012 and the Unified Code of Corrections. Eliminates mandatory sentences of natural life imprisonment for persons convicted of offenses committed before they attain 18 years of age. Provides that a person who was under 18 years of age at the time of an offense, may, after serving 15 years of his or her sentence of either life imprisonment or a term of 40 years or longer of imprisonment, submit a motion in the circuit court of the county in which he or she was originally sentenced for resentencing. Provides that the petitioner shall be eligible to file a second motion for resentencing not sooner than 10 years or longer than 20 years as determined by the court at the first resentencing hearing. Provides that the petitioner may file a motion seeking leave for resentencing upon reaching the age of 60. Establishes procedures and factors that the court shall use in considering the motion. Provides that on or after the effective date of the amendatory Act, when a person was under 18 years of age at the time of the commission of an offense, the court, at the sentencing hearing, shall consider specified factors in determining the appropriate sentence. Provides that no retroactive resentencing hearing shall be conducted until one year after the effective date of the amendatory Act. Provides that within one year of the effective date of the amendatory Act, the Illinois Juvenile Justice Commission shall present the General Assembly with evidence-based findings regarding the effects of sentencing minors as adults. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Sections 10-2, 11-1.20, 11-1.30, 11-1.40, 12-33, 29D-14.9, and |
| 6 | | 29D-35 as follows:
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| 7 | | (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
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| 8 | | Sec. 10-2. Aggravated kidnaping.
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| 9 | | (a) A person commits the offense of
aggravated kidnaping |
| 10 | | when he or she commits kidnapping and:
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| 11 | | (1) kidnaps with the intent to obtain ransom from the |
| 12 | | person
kidnaped or from any other person;
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| 13 | | (2) takes as his or her victim a child under the age of |
| 14 | | 13 years, or a severely or profoundly intellectually |
| 15 | | disabled person;
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| 16 | | (3) inflicts great bodily harm, other than by the |
| 17 | | discharge of a
firearm, or commits another felony upon his |
| 18 | | or her
victim;
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| 19 | | (4) wears a hood, robe, or mask or conceals his or her |
| 20 | | identity;
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| 21 | | (5) commits the offense of kidnaping while armed with a |
| 22 | | dangerous
weapon, other than a firearm, as defined in |
| 23 | | Section 33A-1 of this
Code;
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| 1 | | (6) commits the offense of kidnaping while armed with a |
| 2 | | firearm;
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| 3 | | (7) during the commission of the offense of kidnaping, |
| 4 | | personally
discharges a firearm; or
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| 5 | | (8) during the commission of the offense of kidnaping, |
| 6 | | personally discharges
a firearm that proximately causes |
| 7 | | great bodily harm, permanent
disability, permanent |
| 8 | | disfigurement, or death to another person.
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| 9 | | As used in this Section, "ransom" includes money, benefit, |
| 10 | | or other
valuable thing or concession.
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| 11 | | (b) Sentence. Aggravated kidnaping
in violation of |
| 12 | | paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a |
| 13 | | Class X felony.
A violation of subsection (a)(6) is a Class X |
| 14 | | felony for which 15 years
shall be added to the term of |
| 15 | | imprisonment imposed by the court. A violation of
subsection |
| 16 | | (a)(7) is a Class X felony for which 20 years shall be added to |
| 17 | | the
term of imprisonment imposed by the court. A violation of |
| 18 | | subsection (a)(8) is
a Class X felony for which 25 years or up |
| 19 | | to a term of natural life shall be
added to the term of |
| 20 | | imprisonment imposed by the court. An offender under the age of |
| 21 | | 18 years at the time of the commission of aggravated kidnaping |
| 22 | | in violation of paragraphs (1) through (8) of subsection (a) |
| 23 | | commits a Class X felony and shall be sentenced under Section |
| 24 | | 5-4.5-105 of the Unified Code of Corrections.
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| 25 | | A person who has attained the age of 18 years at the time |
| 26 | | of the commission of the offense and who is convicted of a |
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| 1 | | second or subsequent offense of
aggravated kidnaping shall be |
| 2 | | sentenced to a term of natural life imprisonment; except
that a |
| 3 | | sentence of natural life imprisonment shall not be
imposed |
| 4 | | under this Section unless the second or subsequent offense was
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| 5 | | committed after conviction on the first offense. An offender |
| 6 | | under the age of 18 years at the time of the commission of the |
| 7 | | second or subsequent offense shall be sentenced under Section |
| 8 | | 5-4.5-105 of the Unified Code of Corrections.
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| 9 | | (Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
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| 10 | | (720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
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| 11 | | Sec. 11-1.20. Criminal Sexual Assault.
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| 12 | | (a) A person commits criminal sexual assault if that person |
| 13 | | commits an act of sexual penetration and: |
| 14 | | (1) uses force or threat of force; |
| 15 | | (2) knows that the victim is unable to understand the |
| 16 | | nature of the act or is unable to give knowing consent; |
| 17 | | (3) is a family member of the victim, and the victim is |
| 18 | | under 18 years of age; or |
| 19 | | (4) is 17 years of age or over and holds a position of |
| 20 | | trust, authority, or supervision in relation to the victim, |
| 21 | | and the victim is at least 13 years of age but under 18 |
| 22 | | years of age.
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| 23 | | (b) Sentence.
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| 24 | | (1) Criminal sexual assault is a Class 1 felony, except |
| 25 | | that:
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| 1 | | (A) A person who is convicted of the offense of |
| 2 | | criminal sexual assault as
defined in paragraph (a)(1) |
| 3 | | or (a)(2) after having previously been convicted of
the |
| 4 | | offense of criminal sexual assault or the offense of |
| 5 | | exploitation of a child, or who is convicted of the |
| 6 | | offense of
criminal sexual assault as defined in |
| 7 | | paragraph (a)(1) or (a)(2) after having
previously |
| 8 | | been convicted under the laws of this State or any |
| 9 | | other state of an
offense that is substantially |
| 10 | | equivalent to the offense of criminal sexual
assault or |
| 11 | | to the offense of exploitation of a child, commits a |
| 12 | | Class X felony for which the person shall be sentenced |
| 13 | | to a
term of imprisonment of not less than 30 years and |
| 14 | | not more than 60 years, except that where the person is |
| 15 | | under the age of 18 years at the time of the offense, |
| 16 | | he or she shall be sentenced under Section 5-4.5-105 of |
| 17 | | the Unified Code of Corrections. The
commission of the |
| 18 | | second or subsequent offense is required to have been |
| 19 | | after
the initial conviction for this paragraph (A) to |
| 20 | | apply.
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| 21 | | (B) A person who has attained the age of 18 years |
| 22 | | at the time of the commission of the offense and who is |
| 23 | | convicted of the offense of criminal sexual assault as
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| 24 | | defined in paragraph (a)(1) or (a)(2) after having |
| 25 | | previously been convicted of
the offense of aggravated |
| 26 | | criminal sexual assault or the offense of predatory
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| 1 | | criminal sexual assault of a child, or who is convicted |
| 2 | | of the offense of
criminal sexual assault as defined in |
| 3 | | paragraph (a)(1) or (a)(2) after having
previously |
| 4 | | been convicted under the laws of this State or any |
| 5 | | other state of an
offense that is substantially |
| 6 | | equivalent to the offense of aggravated criminal
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| 7 | | sexual assault or the offense of predatory criminal |
| 8 | | sexual assault of a child shall be
sentenced to a term |
| 9 | | of natural life imprisonment. The commission of the |
| 10 | | second
or subsequent offense is required to have been |
| 11 | | after the initial conviction for
this paragraph (B) to |
| 12 | | apply. An offender under the age of 18 years at the |
| 13 | | time of the commission of the offense covered by this |
| 14 | | subparagraph (B) shall be sentenced under Section |
| 15 | | 5-4.5-105 of the Unified Code of Corrections.
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| 16 | | (C) A second or subsequent conviction for a |
| 17 | | violation of paragraph
(a)(3) or (a)(4) or under any |
| 18 | | similar statute of this State
or any other state for |
| 19 | | any offense involving criminal sexual assault that is
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| 20 | | substantially equivalent to or more serious than the |
| 21 | | sexual assault prohibited
under paragraph (a)(3) or |
| 22 | | (a)(4) is a Class X felony.
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| 23 | | (Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)
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| 24 | | (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
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| 25 | | Sec. 11-1.30. Aggravated Criminal Sexual Assault.
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| 1 | | (a) A person commits aggravated criminal sexual assault if |
| 2 | | that person commits criminal sexual assault and any of the |
| 3 | | following aggravating circumstances exist during the |
| 4 | | commission of the offense or, for purposes of paragraph (7), |
| 5 | | occur as part of the same course of conduct as the commission |
| 6 | | of the offense: |
| 7 | | (1) the person displays, threatens to use, or uses a |
| 8 | | dangerous weapon, other than a firearm, or any other object |
| 9 | | fashioned or used in a manner that leads the victim, under |
| 10 | | the circumstances, reasonably to believe that the object is |
| 11 | | a dangerous weapon; |
| 12 | | (2) the person causes bodily harm to the victim, except |
| 13 | | as provided in paragraph (10); |
| 14 | | (3) the person acts in a manner that threatens or |
| 15 | | endangers the life of the victim or any other person; |
| 16 | | (4) the person commits the criminal sexual assault |
| 17 | | during the course of committing or attempting to commit any |
| 18 | | other felony; |
| 19 | | (5) the victim is 60 years of age or older; |
| 20 | | (6) the victim is a physically handicapped person; |
| 21 | | (7) the person delivers (by injection, inhalation, |
| 22 | | ingestion, transfer of possession, or any other means) any |
| 23 | | controlled substance to the victim without the victim's |
| 24 | | consent or by threat or deception for other than medical |
| 25 | | purposes; |
| 26 | | (8) the person is armed with a firearm; |
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| 1 | | (9) the person personally discharges a firearm during |
| 2 | | the commission of the offense; or |
| 3 | | (10) the person personally discharges a firearm during |
| 4 | | the commission of the offense, and that discharge |
| 5 | | proximately causes great bodily harm, permanent |
| 6 | | disability, permanent disfigurement, or death to another |
| 7 | | person.
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| 8 | | (b) A person commits aggravated criminal sexual assault if
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| 9 | | that person is under 17 years of age and: (i) commits an act of
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| 10 | | sexual penetration with a victim who is under 9 years of age; |
| 11 | | or (ii) commits an act of sexual penetration with a victim
who |
| 12 | | is at least 9 years of age but under 13 years of age and the |
| 13 | | person uses force or threat of force to commit the act.
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| 14 | | (c) A person commits aggravated criminal sexual assault if |
| 15 | | that person commits an act of sexual penetration with a victim |
| 16 | | who is a severely or
profoundly intellectually disabled person.
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| 17 | | (d) Sentence.
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| 18 | | (1) Aggravated criminal sexual assault in violation of |
| 19 | | paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) |
| 20 | | or in violation of
subsection (b) or
(c) is a Class X |
| 21 | | felony.
A violation of subsection (a)(1) is a Class X |
| 22 | | felony for which 10 years shall
be added to the term of |
| 23 | | imprisonment imposed by the court. A violation of
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| 24 | | subsection (a)(8) is a Class X felony for which 15 years |
| 25 | | shall be added to the
term of imprisonment imposed by the |
| 26 | | court. A violation of
subsection (a)(9) is a Class X felony |
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| 1 | | for which 20 years shall be added to the
term of |
| 2 | | imprisonment imposed by the court. A violation of |
| 3 | | subsection (a)(10) is
a Class X felony for which 25 years |
| 4 | | or up to a term of natural life
imprisonment shall be added |
| 5 | | to
the term of imprisonment imposed by the court. An |
| 6 | | offender under the age of 18 years at the time of the |
| 7 | | commission of aggravated criminal sexual assault in |
| 8 | | violation of paragraphs (1) through (10) of subsection (a) |
| 9 | | commits a Class X felony and shall be sentenced under |
| 10 | | Section 5-4.5-105 of the Unified Code of Corrections.
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| 11 | | (2) A person who has attained the age of 18 years at |
| 12 | | the time of the commission of the offense and who is |
| 13 | | convicted of a second or subsequent offense of
aggravated |
| 14 | | criminal sexual assault, or who is convicted of the offense |
| 15 | | of
aggravated
criminal sexual assault after having |
| 16 | | previously been convicted of the offense
of criminal sexual |
| 17 | | assault or the offense of predatory criminal sexual assault
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| 18 | | of a child, or who is convicted of the offense of |
| 19 | | aggravated criminal sexual
assault after having previously |
| 20 | | been convicted under the laws of this or any
other state of |
| 21 | | an offense that is substantially equivalent to the offense |
| 22 | | of
criminal sexual
assault, the offense of aggravated |
| 23 | | criminal sexual assault or the offense of
predatory |
| 24 | | criminal sexual assault of a child, shall be sentenced to a |
| 25 | | term of
natural life imprisonment.
The commission of the |
| 26 | | second or subsequent offense is required to have been
after |
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| 1 | | the initial conviction for this paragraph (2) to apply. An |
| 2 | | offender under the age of 18 years at the time of the |
| 3 | | commission of the offense covered by this subparagraph (2) |
| 4 | | shall be sentenced under Section 5-4.5-105 of the Unified |
| 5 | | Code of Corrections.
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| 6 | | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. |
| 7 | | 1-1-12; 97-1109, eff. 1-1-13.)
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| 8 | | (720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
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| 9 | | Sec. 11-1.40. Predatory criminal sexual assault of a child.
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| 10 | | (a) A person commits predatory criminal sexual assault of a |
| 11 | | child if that person commits an act of sexual penetration or an |
| 12 | | act of contact, however slight, between the sex organ or anus |
| 13 | | of one person and the part of the body of another, and the |
| 14 | | accused is 17 years of age or older, and: |
| 15 | | (1) the victim is under 13 years of age; or |
| 16 | | (2) the victim is under 13 years of age and that |
| 17 | | person: |
| 18 | | (A) is armed with a firearm; |
| 19 | | (B) personally discharges a firearm during the |
| 20 | | commission of the offense; |
| 21 | | (C) causes great bodily harm to the victim that: |
| 22 | | (i) results in permanent disability; or |
| 23 | | (ii) is life threatening; or |
| 24 | | (D) delivers (by injection, inhalation, ingestion, |
| 25 | | transfer of possession, or any other means) any |
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| 1 | | controlled substance to the victim without the |
| 2 | | victim's consent or by threat or deception, for other |
| 3 | | than medical purposes.
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| 4 | | (b) Sentence.
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| 5 | | (1) A person convicted of a violation of subsection |
| 6 | | (a)(1)
commits a Class X felony, for which the person shall |
| 7 | | be sentenced to a term of imprisonment of not less than 6 |
| 8 | | years and not more than 60 years.
A person convicted of a |
| 9 | | violation of subsection (a)(2)(A) commits a Class X
felony |
| 10 | | for which 15 years shall be added to the term of |
| 11 | | imprisonment imposed by
the court. A person who has |
| 12 | | attained the age of 18 years at the time of the commission |
| 13 | | of the offense and who is convicted of a violation of |
| 14 | | subsection (a)(2)(B) commits a
Class X felony for which 20 |
| 15 | | years shall be added to the term of imprisonment
imposed by |
| 16 | | the court. A person convicted of a violation of subsection |
| 17 | | (a)(2)(C)
commits a Class X felony for which the person |
| 18 | | shall be sentenced to a term of
imprisonment of not less |
| 19 | | than 50 years or up to a term of natural life
imprisonment. |
| 20 | | An offender under the age of 18 years at the time of the |
| 21 | | commission of predatory criminal sexual assault of a child |
| 22 | | in violation of subsections (a) (1), (a) (2) (A), (a) (2) |
| 23 | | (B), and (a)(2)(C) commits a Class X felony and shall be |
| 24 | | sentenced under Section 5-4.5-105 of the Unified Code of |
| 25 | | Corrections.
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| 26 | | (1.1) A person convicted of a violation of subsection |
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| 1 | | (a)(2)(D) commits a
Class X felony for which the person
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| 2 | | shall be
sentenced to a
term of imprisonment of not less |
| 3 | | than 50 years and not more than 60 years. An offender under |
| 4 | | the age of 18 years at the time of the commission of |
| 5 | | predatory criminal sexual assault of a child in violation |
| 6 | | of subsection (a) (2) (D) commits a Class X felony and |
| 7 | | shall be sentenced under Section 5-4.5-105 of the Unified |
| 8 | | Code of Corrections.
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| 9 | | (1.2) A person who has attained the age of 18 years at |
| 10 | | the time of the commission of the offense and who is |
| 11 | | convicted of predatory criminal sexual assault of a child
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| 12 | | committed
against 2 or more persons regardless of whether |
| 13 | | the offenses occurred as the
result of the same act or of |
| 14 | | several related or unrelated acts shall be
sentenced to a |
| 15 | | term of natural life imprisonment and an offender under the |
| 16 | | age of 18 years at the time of the commission of the |
| 17 | | offense shall be sentenced under Section 5-4.5-105 of the |
| 18 | | Unified Code of Corrections.
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| 19 | | (2) A person who has attained the age of 18 years at |
| 20 | | the time of the commission of the offense and who is |
| 21 | | convicted of a second or subsequent offense of
predatory |
| 22 | | criminal sexual assault of a child, or who is convicted of |
| 23 | | the
offense of
predatory criminal sexual assault of a child |
| 24 | | after having previously been
convicted of the offense of |
| 25 | | criminal sexual assault or the offense of
aggravated |
| 26 | | criminal sexual assault, or who is convicted of the offense |
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| 1 | | of
predatory criminal sexual assault of a child after |
| 2 | | having previously been
convicted under the laws of this |
| 3 | | State
or any other state of an offense that is |
| 4 | | substantially equivalent to the
offense
of predatory |
| 5 | | criminal sexual assault of a child, the offense of |
| 6 | | aggravated
criminal sexual assault or the offense of |
| 7 | | criminal sexual assault, shall be
sentenced to a term of |
| 8 | | natural life imprisonment.
The commission of the second or |
| 9 | | subsequent offense is required to have been
after the |
| 10 | | initial conviction for this paragraph (2) to apply. An |
| 11 | | offender under the age of 18 years at the time of the |
| 12 | | commission of the offense covered by this subparagraph (2) |
| 13 | | shall be sentenced under Section 5-4.5-105 of the Unified |
| 14 | | Code of Corrections.
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| 15 | | (Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)
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| 16 | | (720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
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| 17 | | Sec. 12-33. Ritualized abuse of a child.
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| 18 | | (a) A person commits ritualized abuse of a child when he or |
| 19 | | she
knowingly commits any of the following acts with, upon, or |
| 20 | | in the presence of a child
as part of a ceremony, rite or any |
| 21 | | similar observance:
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| 22 | | (1) actually or in simulation, tortures, mutilates, or |
| 23 | | sacrifices any
warm-blooded animal or human being;
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| 24 | | (2) forces ingestion, injection or other application |
| 25 | | of any narcotic,
drug, hallucinogen or anaesthetic for the |
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| 1 | | purpose of dulling sensitivity,
cognition, recollection |
| 2 | | of, or resistance to any criminal activity;
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| 3 | | (3) forces ingestion, or external application, of |
| 4 | | human or animal
urine, feces, flesh, blood, bones, body |
| 5 | | secretions, nonprescribed drugs or
chemical compounds;
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| 6 | | (4) involves the child in a mock, unauthorized or |
| 7 | | unlawful marriage
ceremony with another person or |
| 8 | | representation of any force or deity,
followed by sexual |
| 9 | | contact with the child;
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| 10 | | (5) places a living child into a coffin or open grave |
| 11 | | containing a
human corpse or remains;
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| 12 | | (6) threatens death or serious harm to a child, his or |
| 13 | | her parents, family,
pets, or friends that instills a |
| 14 | | well-founded fear in the child that the
threat will be |
| 15 | | carried out; or
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| 16 | | (7) unlawfully dissects, mutilates, or incinerates a |
| 17 | | human corpse.
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| 18 | | (b) The provisions of this Section shall not be construed |
| 19 | | to apply to:
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| 20 | | (1) lawful agricultural, animal husbandry, food |
| 21 | | preparation, or wild
game hunting and fishing practices and |
| 22 | | specifically the branding or
identification of livestock;
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| 23 | | (2) the lawful medical practice of male circumcision or |
| 24 | | any ceremony
related to male circumcision;
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| 25 | | (3) any state or federally approved, licensed, or |
| 26 | | funded research project;
or
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| 1 | | (4) the ingestion of animal flesh or blood in the |
| 2 | | performance of a
religious service or ceremony.
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| 3 | | (b-5) For the purposes of this Section, "child" means any |
| 4 | | person under 18 years of age. |
| 5 | | (c) Ritualized abuse of a child is a Class 1 felony for a |
| 6 | | first
offense. A second or subsequent conviction for ritualized |
| 7 | | abuse of a child
is a Class X felony for which an the offender |
| 8 | | who has attained the age of 18 years at the time of the |
| 9 | | commission of the offense may be sentenced to a term of
natural |
| 10 | | life imprisonment and an offender under the age of 18 years at |
| 11 | | the time of the commission of the offense shall be sentenced |
| 12 | | under Section 5-4.5-105 of the Unified Code of Corrections.
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| 13 | | (d) (Blank).
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| 14 | | (Source: P.A. 96-1551, eff. 7-1-11.)
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| 15 | | (720 ILCS 5/29D-14.9)
(was 720 ILCS 5/29D-30)
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| 16 | | Sec. 29D-14.9. Terrorism.
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| 17 | | (a) A person commits the offense of terrorism when, with |
| 18 | | the intent to
intimidate or coerce a significant portion of a |
| 19 | | civilian population:
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| 20 | | (1) he or she knowingly commits a terrorist act as |
| 21 | | defined in Section
29D-10(1) of this Code within this
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| 22 | | State; or
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| 23 | | (2) he or she, while outside this State, knowingly |
| 24 | | commits a terrorist
act as defined in Section 29D-10(1) of |
| 25 | | this Code that takes effect within this
State or produces |
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| 1 | | substantial
detrimental effects within this State.
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| 2 | | (b) Sentence. Terrorism is a Class X felony. If no deaths |
| 3 | | are caused by the
terrorist act, the sentence
shall be a term |
| 4 | | of 20 years to natural life imprisonment;
if the terrorist act |
| 5 | | caused the death of one or more persons, however, a mandatory |
| 6 | | term
of natural life imprisonment shall be the sentence if the |
| 7 | | death
penalty is not imposed and the person has attained the |
| 8 | | age of 18 years at the time of the commission of the offense. |
| 9 | | An offender under the age of 18 years at the time of the |
| 10 | | commission of the offense shall be sentenced under Section |
| 11 | | 5-4.5-105 of the Unified Code of Corrections.
|
| 12 | | (Source: P.A. 96-710, eff. 1-1-10.)
|
| 13 | | (720 ILCS 5/29D-35)
|
| 14 | | Sec. 29D-35. Hindering prosecution of terrorism.
|
| 15 | | (a) A person commits the offense of hindering prosecution |
| 16 | | of terrorism when
he or she renders criminal assistance to a |
| 17 | | person who has committed
terrorism as defined in Section |
| 18 | | 29D-14.9 or caused a catastrophe as defined in
Section 29D-15.1 |
| 19 | | of this
Code when he or she knows that the person to whom he or |
| 20 | | she rendered criminal
assistance engaged in an act of terrorism |
| 21 | | or caused a catastrophe.
|
| 22 | | (b) Hindering prosecution of terrorism is a Class X felony, |
| 23 | | the sentence for
which shall be a term of 20 years to natural |
| 24 | | life imprisonment if no death was
caused by the act of |
| 25 | | terrorism committed by the person to whom the defendant
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| 1 | | rendered criminal assistance and a mandatory term of natural |
| 2 | | life imprisonment
if death was caused by the act of terrorism |
| 3 | | committed by the person to whom the
defendant rendered criminal |
| 4 | | assistance. An offender under the age of 18 years at the time |
| 5 | | of the commission of the offense shall be sentenced under |
| 6 | | Section 5-4.5-105 of the Unified Code of Corrections.
|
| 7 | | (Source: P.A. 96-710, eff. 1-1-10.)
|
| 8 | | Section 10. The Unified Code of Corrections is amended by |
| 9 | | changing Sections 5-4.5-95 and 5-8-1 and by adding Section |
| 10 | | 5-4.5-105 as follows:
|
| 11 | | (730 ILCS 5/5-4.5-95)
|
| 12 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. |
| 13 | | (a) HABITUAL CRIMINALS. |
| 14 | | (1) Every person who has been twice convicted in any |
| 15 | | state or federal court of an offense that contains the same |
| 16 | | elements as an offense now (the date of the offense |
| 17 | | committed after the 2 prior convictions) classified in |
| 18 | | Illinois as a Class X felony, criminal sexual assault, |
| 19 | | aggravated kidnapping, or first degree murder, and who is |
| 20 | | thereafter convicted of a Class X felony, criminal sexual |
| 21 | | assault, or first degree murder, committed after the 2 |
| 22 | | prior convictions, shall be adjudged an habitual criminal. |
| 23 | | (2) The 2 prior convictions need not have been for the |
| 24 | | same offense. |
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| 1 | | (3) Any convictions that result from or are connected |
| 2 | | with the same transaction, or result from offenses |
| 3 | | committed at the same time, shall be counted for the |
| 4 | | purposes of this Section as one conviction. |
| 5 | | (4) This Section does not apply unless each of the |
| 6 | | following requirements are satisfied: |
| 7 | | (A) The third offense was committed after July 3, |
| 8 | | 1980. |
| 9 | | (B) The third offense was committed within 20 years |
| 10 | | of the date that judgment was entered on the first |
| 11 | | conviction; provided, however, that time spent in |
| 12 | | custody shall not be counted. |
| 13 | | (C) The third offense was committed after |
| 14 | | conviction on the second offense. |
| 15 | | (D) The second offense was committed after |
| 16 | | conviction on the first offense. |
| 17 | | (5) Anyone who, having attained the age of 18 at the |
| 18 | | time of the third offense, is Except when the death penalty |
| 19 | | is imposed, anyone adjudged an habitual criminal shall be |
| 20 | | sentenced to a term of natural life imprisonment. |
| 21 | | (6) A prior conviction shall not be alleged in the |
| 22 | | indictment, and no evidence or other disclosure of that |
| 23 | | conviction shall be presented to the court or the jury |
| 24 | | during the trial of an offense set forth in this Section |
| 25 | | unless otherwise permitted by the issues properly raised in |
| 26 | | that trial. After a plea or verdict or finding of guilty |
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| 1 | | and before sentence is imposed, the prosecutor may file |
| 2 | | with the court a verified written statement signed by the |
| 3 | | State's Attorney concerning any former conviction of an |
| 4 | | offense set forth in this Section rendered against the |
| 5 | | defendant. The court shall then cause the defendant to be |
| 6 | | brought before it; shall inform the defendant of the |
| 7 | | allegations of the statement so filed, and of his or her |
| 8 | | right to a hearing before the court on the issue of that |
| 9 | | former conviction and of his or her right to counsel at |
| 10 | | that hearing; and unless the defendant admits such |
| 11 | | conviction, shall hear and determine the issue, and shall |
| 12 | | make a written finding thereon. If a sentence has |
| 13 | | previously been imposed, the court may vacate that sentence |
| 14 | | and impose a new sentence in accordance with this Section. |
| 15 | | (7) A duly authenticated copy of the record of any |
| 16 | | alleged former conviction of an offense set forth in this |
| 17 | | Section shall be prima facie evidence of that former |
| 18 | | conviction; and a duly authenticated copy of the record of |
| 19 | | the defendant's final release or discharge from probation |
| 20 | | granted, or from sentence and parole supervision (if any) |
| 21 | | imposed pursuant to that former conviction, shall be prima |
| 22 | | facie evidence of that release or discharge. |
| 23 | | (8) Any claim that a previous conviction offered by the |
| 24 | | prosecution is not a former conviction of an offense set |
| 25 | | forth in this Section because of the existence of any |
| 26 | | exceptions described in this Section, is waived unless duly |
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| 1 | | raised at the hearing on that conviction, or unless the |
| 2 | | prosecution's proof shows the existence of the exceptions |
| 3 | | described in this Section. |
| 4 | | (9) If the person so convicted shows to the |
| 5 | | satisfaction of the court before whom that conviction was |
| 6 | | had that he or she was released from imprisonment, upon |
| 7 | | either of the sentences upon a pardon granted for the |
| 8 | | reason that he or she was innocent, that conviction and |
| 9 | | sentence shall not be considered under this Section.
|
| 10 | | (b) When a defendant, over the age of 21 years, is |
| 11 | | convicted of a Class 1 or Class 2 felony, after having twice |
| 12 | | been convicted in any state or federal court of an offense that |
| 13 | | contains the same elements as an offense now (the date the |
| 14 | | Class 1 or Class 2 felony was committed) classified in Illinois |
| 15 | | as a Class 2 or greater Class felony and those charges are |
| 16 | | separately brought and tried and arise out of different series |
| 17 | | of acts, that defendant shall be sentenced as a Class X |
| 18 | | offender. This subsection does not apply unless: |
| 19 | | (1) the first felony was committed after February 1, |
| 20 | | 1978 (the effective date of Public Act 80-1099); |
| 21 | | (2) the second felony was committed after conviction on |
| 22 | | the first; and |
| 23 | | (3) the third felony was committed after conviction on |
| 24 | | the second. |
| 25 | | A person sentenced as a Class X offender under this |
| 26 | | subsection (b) is not eligible to apply for treatment as a |
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| 1 | | condition of probation as provided by Section 40-10 of the |
| 2 | | Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS |
| 3 | | 301/40-10).
|
| 4 | | (Source: P.A. 95-1052, eff. 7-1-09.)
|
| 5 | | (730 ILCS 5/5-4.5-105 new) |
| 6 | | Sec. 5-4.5-105. SENTENCING AND RESENTENCING OF INDIVIDUALS |
| 7 | | UNDER THE AGE OF 18 AT THE TIME OF THE COMMISSION OF AN |
| 8 | | OFFENSE. |
| 9 | | (a) On or after the effective date of this amendatory Act |
| 10 | | of the 98th General Assembly, when a person commits an offense |
| 11 | | and the person is under 18 years of age at the time of the |
| 12 | | commission of the offense, the court, at the sentencing hearing |
| 13 | | conducted under Section 5-4-1, shall consider the following |
| 14 | | additional factors in determining the appropriate sentence: |
| 15 | | (1) the petitioner's age, impetuosity, and level of |
| 16 | | maturity at the time of the offense, including the ability |
| 17 | | to consider risks and consequences of behavior; |
| 18 | | (2) the petitioner's susceptibility to outside |
| 19 | | pressure, including peer pressure, familial pressure, or |
| 20 | | negative influences, at the time of the offense; |
| 21 | | (3) the petitioner's family, home environment, and |
| 22 | | social background, including any history of parental |
| 23 | | neglect, physical abuse, or other childhood trauma; |
| 24 | | (4) the petitioner's potential for rehabilitation or |
| 25 | | evidence of rehabilitation, or both; |
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| 1 | | (5) the circumstances of the offense; |
| 2 | | (6) the petitioner's degree of participation and |
| 3 | | specific role in the offense; |
| 4 | | (7) whether the petitioner was able to meaningfully |
| 5 | | participate in his or her defense; |
| 6 | | (8) the petitioner's overall record of behavior while |
| 7 | | incarcerated, including disciplinary history, |
| 8 | | participation in educational and vocational programs |
| 9 | | whenever available to the petitioner, including but not |
| 10 | | limited to restorative justice programs, and extent of |
| 11 | | cooperation with staff; |
| 12 | | (9) the petitioner's likelihood of committing future |
| 13 | | offenses, including the petitioner's likely |
| 14 | | post-incarceration support system; |
| 15 | | (10) the petitioner's prior juvenile or criminal |
| 16 | | history; and |
| 17 | | (11) any other information the court finds relevant and |
| 18 | | reliable, including an expression of remorse, if |
| 19 | | appropriate. |
| 20 | | The court may sentence the defendant to any appropriate |
| 21 | | sentence as provided by law, subject to subsection (b). |
| 22 | | (b) Any person who was under 18 years of age at the time of |
| 23 | | the commission of an offense may, after serving 15 years of his |
| 24 | | or her sentence of either life imprisonment or a term of 40 |
| 25 | | years or longer of imprisonment, submit a motion for |
| 26 | | resentencing in the circuit court of the county in which he or |
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| 1 | | she was originally sentenced. The procedure for resentencing |
| 2 | | shall occur in the following manner: |
| 3 | | (1) The chief judge of the criminal division of the |
| 4 | | circuit located in a county of 2,000,000 or more |
| 5 | | inhabitants, or in counties under 2,000,000 inhabitants, |
| 6 | | the chief judge of the circuit or a judge assigned by the |
| 7 | | chief judge, in which the motion is filed, shall assign the |
| 8 | | matter to any judge. |
| 9 | | (2) Upon receipt of the motion and assignment to a |
| 10 | | judge, the judge shall docket the petition. If the |
| 11 | | petitioner is without counsel and alleges in the motion for |
| 12 | | resentencing that he or she is without means to procure |
| 13 | | counsel, he or she shall state whether or not he or she |
| 14 | | wishes counsel to be appointed to represent him or her. If |
| 15 | | appointment of counsel is requested, the court shall |
| 16 | | appoint counsel if satisfied that the petitioner has no |
| 17 | | means to procure counsel. The clerk of the circuit court |
| 18 | | shall serve a copy of the motion to the State's Attorney of |
| 19 | | that county or his or her representative. |
| 20 | | (3) Upon receipt of the motion for resentencing, the |
| 21 | | State's Attorney's Office shall provide the victim or his |
| 22 | | or her family, or both, with a copy of the motion. |
| 23 | | (4) The petitioner, if pro se, or his or her attorney |
| 24 | | may amend the motion for resentencing. |
| 25 | | (5) The State's Attorney must be afforded an |
| 26 | | opportunity to respond to the motion and the court shall |
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| 1 | | provide the petitioner with the opportunity to reply. |
| 2 | | (6) Within 90 days after the filing of the motion for |
| 3 | | resentencing, the court shall set the matter for a |
| 4 | | resentencing hearing. This date may be extended by motion |
| 5 | | of either party and at the court's discretion for good |
| 6 | | cause shown. |
| 7 | | (7) At the resentencing hearing, the court shall: |
| 8 | | (A) consider the factors listed in paragraphs (1) |
| 9 | | through (11) of subsection (a); |
| 10 | | (B) consider the evidence, if any, received upon |
| 11 | | the trial; |
| 12 | | (C) consider any presentence reports; |
| 13 | | (D) consider the financial impact of incarceration |
| 14 | | based on the financial impact statement filed with the |
| 15 | | clerk of the court by the Department of Corrections; |
| 16 | | (E) consider any additional evidence and |
| 17 | | information offered by the parties in aggravation and |
| 18 | | mitigation, including, but not limited to, scientific |
| 19 | | evidence of recidivism; |
| 20 | | (F) consider the petitioner's acceptance of |
| 21 | | responsibility for the crime or expressions of |
| 22 | | remorse, or both. However, nothing in this subsection |
| 23 | | shall be construed against a petitioner who avers a |
| 24 | | good faith claim of innocence; |
| 25 | | (G) hear arguments as to sentencing alternatives; |
| 26 | | (H) afford the petitioner the opportunity to make a |
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| 1 | | statement in his or her own behalf; |
| 2 | | (I) afford the victim or families of victims of the |
| 3 | | crime, or both, for which the petitioner was originally |
| 4 | | sentenced an opportunity to provide a victim impact |
| 5 | | statement to the court. The court shall permit those |
| 6 | | statements and may consider the live testimony of a |
| 7 | | victim or a victim representative at its discretion. |
| 8 | | (8) Following the resentencing hearing, the court may |
| 9 | | re-sentence the petitioner to any appropriate sentence, |
| 10 | | subject to paragraph (9). In resentencing the petitioner, |
| 11 | | the court must make a finding detailing its consideration |
| 12 | | of the factors listed in paragraph (7). |
| 13 | | (9) The petitioner shall be eligible to file a second |
| 14 | | motion for resentencing not sooner than 10 years or longer |
| 15 | | than 20 years as determined by the court at the first |
| 16 | | resentencing hearing. In considering the motion, the court |
| 17 | | shall follow the procedure stated in this Section. |
| 18 | | (10) The petitioner may file a motion seeking leave for |
| 19 | | resentencing upon reaching the age of 60. The motion must |
| 20 | | clearly set forth the need for resentencing, including the |
| 21 | | efforts the petitioner has made towards rehabilitation and |
| 22 | | his or her demonstrated maturity. |
| 23 | | (A) Within 90 days after the filing of this motion, |
| 24 | | the court shall examine the motion and enter an order |
| 25 | | thereon. If the court determines the motion is |
| 26 | | frivolous or is patently without merit, it shall deny |
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| 1 | | the motion in a written order, specifying the |
| 2 | | underlying basis for its decision that continued |
| 3 | | incarceration is appropriate and necessary. The order |
| 4 | | is a final judgment and shall be served upon the |
| 5 | | petitioner by certified mail within 10 days of its |
| 6 | | entry. |
| 7 | | (B) If the petition is not dismissed under |
| 8 | | subparagraph (A), the court shall order the motion for |
| 9 | | resentencing to be docketed for further consideration |
| 10 | | in accordance with the procedure stated in this |
| 11 | | Section. |
| 12 | | (C) In considering a motion under this paragraph |
| 13 | | (14), the court may examine the court file of the |
| 14 | | proceeding in which the petitioner was convicted, any |
| 15 | | action taken by an appellate court in that proceeding, |
| 16 | | any transcripts of that proceeding, and any transcript |
| 17 | | or court documents from previous proceedings under |
| 18 | | this Section. |
| 19 | | (11) This Section shall operate retroactively to |
| 20 | | provide any person incarcerated for a crime committed when |
| 21 | | he or she was under the age of 18 years and serving life |
| 22 | | imprisonment or a term of 40 years or more of imprisonment |
| 23 | | and committed before the effective date of this amendatory |
| 24 | | Act of the 98th General Assembly with the opportunity to |
| 25 | | file a motion for resentencing under this Section under the |
| 26 | | terms provided in this Section. No retroactive |
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| 1 | | resentencing hearing shall be conducted under this Section |
| 2 | | until one year after the effective date of this amendatory |
| 3 | | Act of the 98th General Assembly. |
| 4 | | (12) Notwithstanding anything else to the contrary in |
| 5 | | this Section, nothing in this Section shall be construed to |
| 6 | | delay parole or mandatory supervised release consideration |
| 7 | | for petitioners who, prior to the effective date of this |
| 8 | | amendatory Act of the 98th General Assembly, are or will be |
| 9 | | eligible for release earlier than this Section provides. |
| 10 | | (13) Within one year of the effective date of this |
| 11 | | amendatory Act of the 98th General Assembly, the Illinois |
| 12 | | Juvenile Justice Commission shall present the General |
| 13 | | Assembly with evidence-based findings regarding the |
| 14 | | effects of sentencing minors as adults.
|
| 15 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
|
| 16 | | Sec. 5-8-1. Natural life imprisonment; enhancements for |
| 17 | | use of a firearm; mandatory supervised release terms.
|
| 18 | | (a) Except as otherwise provided in the statute defining |
| 19 | | the offense or in Article 4.5 of Chapter V, a
sentence of |
| 20 | | imprisonment for a felony shall be a determinate sentence set |
| 21 | | by
the court under this Section, according to the following |
| 22 | | limitations:
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| 23 | | (1) for first degree murder,
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| 24 | | (a) (blank),
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| 25 | | (b) if a trier of fact finds beyond a reasonable
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| 1 | | doubt that the murder was accompanied by exceptionally
|
| 2 | | brutal or heinous behavior indicative of wanton |
| 3 | | cruelty or, except as set forth
in subsection (a)(1)(c) |
| 4 | | of this Section, that any of the aggravating factors
|
| 5 | | listed in subsection (b) or (b-5) of Section 9-1 of the |
| 6 | | Criminal Code of 1961 or the Criminal Code of 2012 are
|
| 7 | | present, the court may sentence the defendant, subject |
| 8 | | to the limitations found in Section 5-4.5-105, to a |
| 9 | | term of natural life
imprisonment, or
|
| 10 | | (c) the court shall sentence the defendant to a |
| 11 | | term of natural life
imprisonment when the death |
| 12 | | penalty is not imposed if the defendant, at the time of |
| 13 | | the commission of the murder, had attained the age of |
| 14 | | 18, and
|
| 15 | | (i) has previously been convicted of first |
| 16 | | degree murder under
any state or federal law, or
|
| 17 | | (ii) is a person who, at the time of the |
| 18 | | commission of the murder,
had attained the age of |
| 19 | | 17 or more and is found guilty of murdering an
|
| 20 | | individual under 12 years of age; or, irrespective |
| 21 | | of the defendant's age at
the time of the |
| 22 | | commission of the offense, is found guilty of |
| 23 | | murdering more
than one victim, or
|
| 24 | | (iii) is found guilty of murdering a peace |
| 25 | | officer, fireman, or emergency management worker |
| 26 | | when
the peace officer, fireman, or emergency |
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| 1 | | management worker was killed in the course of |
| 2 | | performing his
official duties, or to prevent the |
| 3 | | peace officer or fireman from
performing his |
| 4 | | official duties, or in retaliation for the peace |
| 5 | | officer,
fireman, or emergency management worker |
| 6 | | from performing his official duties, and the |
| 7 | | defendant knew or should
have known that the |
| 8 | | murdered individual was a peace officer, fireman, |
| 9 | | or emergency management worker, or
|
| 10 | | (iv) is found guilty of murdering an employee |
| 11 | | of an institution or
facility of the Department of |
| 12 | | Corrections, or any similar local
correctional |
| 13 | | agency, when the employee was killed in the course |
| 14 | | of
performing his official duties, or to prevent |
| 15 | | the employee from performing
his official duties, |
| 16 | | or in retaliation for the employee performing his
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| 17 | | official duties, or
|
| 18 | | (v) is found guilty of murdering an emergency |
| 19 | | medical
technician - ambulance, emergency medical |
| 20 | | technician - intermediate, emergency
medical |
| 21 | | technician - paramedic, ambulance driver or other |
| 22 | | medical assistance or
first aid person while |
| 23 | | employed by a municipality or other governmental |
| 24 | | unit
when the person was killed in the course of |
| 25 | | performing official duties or
to prevent the |
| 26 | | person from performing official duties or in |
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| 1 | | retaliation
for performing official duties and the |
| 2 | | defendant knew or should have known
that the |
| 3 | | murdered individual was an emergency medical |
| 4 | | technician - ambulance,
emergency medical |
| 5 | | technician - intermediate, emergency medical
|
| 6 | | technician - paramedic, ambulance driver, or other |
| 7 | | medical
assistant or first aid personnel, or
|
| 8 | | (vi) (blank), or is a person who, at the time |
| 9 | | of the commission of the murder,
had not attained |
| 10 | | the age of 17, and is found guilty of murdering a |
| 11 | | person under
12 years of age and the murder is |
| 12 | | committed during the course of aggravated
criminal |
| 13 | | sexual assault, criminal sexual assault, or |
| 14 | | aggravated kidnaping,
or
|
| 15 | | (vii) is found guilty of first degree murder |
| 16 | | and the murder was
committed by reason of any |
| 17 | | person's activity as a community policing |
| 18 | | volunteer
or to prevent any person from engaging in |
| 19 | | activity as a community policing
volunteer. For |
| 20 | | the purpose of this Section, "community policing |
| 21 | | volunteer"
has the meaning ascribed to it in |
| 22 | | Section 2-3.5 of the Criminal Code of 2012.
|
| 23 | | For purposes of clause (v), "emergency medical |
| 24 | | technician - ambulance",
"emergency medical technician - |
| 25 | | intermediate", "emergency medical technician -
|
| 26 | | paramedic", have the meanings ascribed to them in the |
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| 1 | | Emergency Medical
Services (EMS) Systems Act.
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| 2 | | (d) (i) if the person committed the offense while |
| 3 | | armed with a
firearm, 15 years shall be added to |
| 4 | | the term of imprisonment imposed by the
court;
|
| 5 | | (ii) if, during the commission of the offense, |
| 6 | | the person
personally discharged a firearm, 20 |
| 7 | | years shall be added to the term of
imprisonment |
| 8 | | imposed by the court;
|
| 9 | | (iii) if, during the commission of the |
| 10 | | offense, the person
personally discharged a |
| 11 | | firearm that proximately caused great bodily harm,
|
| 12 | | permanent disability, permanent disfigurement, or |
| 13 | | death to another person, 25
years or up to a term |
| 14 | | of natural life shall be added to the term of
|
| 15 | | imprisonment imposed by the court.
|
| 16 | | (2) (blank);
|
| 17 | | (2.5) for a person convicted under the circumstances |
| 18 | | described in subdivision (b)(1)(B) of Section 11-1.20 or
|
| 19 | | paragraph (3) of subsection (b) of Section 12-13, |
| 20 | | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of |
| 21 | | subsection
(d) of Section 12-14, subdivision (b)(1.2) of |
| 22 | | Section 11-1.40 or paragraph (1.2) of subsection (b) of
|
| 23 | | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or |
| 24 | | paragraph (2) of subsection (b) of Section 12-14.1
of the |
| 25 | | Criminal Code of 1961 or the Criminal Code of 2012, the |
| 26 | | sentence shall be a term of natural life
imprisonment.
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| 1 | | (b) (Blank).
|
| 2 | | (c) (Blank).
|
| 3 | | (d) Subject to
earlier termination under Section 3-3-8, the |
| 4 | | parole or mandatory
supervised release term shall be written as |
| 5 | | part of the sentencing order and shall be as follows:
|
| 6 | | (1) for first degree murder or a Class X felony except |
| 7 | | for the offenses of predatory criminal sexual assault of a |
| 8 | | child, aggravated criminal sexual assault, and criminal |
| 9 | | sexual assault if committed on or after the effective date |
| 10 | | of this amendatory Act of the 94th General Assembly and |
| 11 | | except for the offense of aggravated child pornography |
| 12 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with |
| 13 | | sentencing under subsection (c-5) of Section 11-20.1 of the |
| 14 | | Criminal Code of 1961 or the Criminal Code of 2012, if |
| 15 | | committed on or after January 1, 2009, 3 years;
|
| 16 | | (2) for a Class 1 felony or a Class 2 felony except for |
| 17 | | the offense of criminal sexual assault if committed on or |
| 18 | | after the effective date of this amendatory Act of the 94th |
| 19 | | General Assembly and except for the offenses of manufacture |
| 20 | | and dissemination of child pornography under clauses |
| 21 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code |
| 22 | | of 1961 or the Criminal Code of 2012, if committed on or |
| 23 | | after January 1, 2009, 2 years;
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| 24 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
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| 25 | | (4) for defendants who commit the offense of predatory |
| 26 | | criminal sexual assault of a child, aggravated criminal |
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| | SB2993 | - 32 - | LRB098 17769 RLC 52890 b |
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| 1 | | sexual assault, or criminal sexual assault, on or after the |
| 2 | | effective date of this amendatory Act of the 94th General |
| 3 | | Assembly, or who commit the offense of aggravated child |
| 4 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 |
| 5 | | with sentencing under subsection (c-5) of Section 11-20.1 |
| 6 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
| 7 | | manufacture of child pornography, or dissemination of |
| 8 | | child pornography after January 1, 2009, the term of |
| 9 | | mandatory supervised release shall range from a minimum of |
| 10 | | 3 years to a maximum of the natural life of the defendant;
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| 11 | | (5) if the victim is under 18 years of age, for a |
| 12 | | second or subsequent
offense of aggravated criminal sexual |
| 13 | | abuse or felony criminal sexual abuse,
4 years, at least |
| 14 | | the first 2 years of which the defendant shall serve in an
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| 15 | | electronic home detention program under Article 8A of |
| 16 | | Chapter V of this Code;
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| 17 | | (6) for a felony domestic battery, aggravated domestic |
| 18 | | battery, stalking, aggravated stalking, and a felony |
| 19 | | violation of an order of protection, 4 years. |
| 20 | | (e) (Blank).
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| 21 | | (f) (Blank).
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| 22 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; |
| 23 | | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. |
| 24 | | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, |
| 25 | | eff. 1-1-13; 97-1150, eff. 1-25-13.)
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| 26 | | Section 99. Effective date. This Act takes effect upon |