104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2867
 
Introduced 1/16/2026, by Sen. Mary Edly-Allen
 
SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/8-4  from Ch. 38, par. 8-4
720 ILCS 5/9-1.2  from Ch. 38, par. 9-1.2
720 ILCS 5/10-2  from Ch. 38, par. 10-2
720 ILCS 5/11-1.30  was 720 ILCS 5/12-14
720 ILCS 5/11-1.40  was 720 ILCS 5/12-14.1
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4
720 ILCS 5/18-2  from Ch. 38, par. 18-2
720 ILCS 5/18-4
720 ILCS 5/19-6  was 720 ILCS 5/12-11
730 ILCS 5/5-8-1  from Ch. 38, par. 1005-8-1
    Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that the 15-year penalty enhancement for committing various offenses with a firearm, applies only if the person committed the offense while personally armed with the firearm.


LRB104 17338 RLC 30762 b

 
 
A BILL FOR
 
SB2867LRB104 17338 RLC 30762 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by 
5changing Sections 8-4, 9-1.2, 10-2, 11-1.30, 11-1.40, 12-3.05, 
618-2, 18-4, and 19-6 as follows:
 
7    (720 ILCS 5/8-4)  (from Ch. 38, par. 8-4)
8    Sec. 8-4. Attempt. 
9    (a) Elements of the offense.
10    A person commits the offense of attempt when, with intent 
11to commit a specific offense, he or she does any act that 
12constitutes a substantial step toward the commission of that 
13offense.
14    (b) Impossibility.
15    It is not a defense to a charge of attempt that because of 
16a misapprehension of the circumstances it would have been 
17impossible for the accused to commit the offense attempted.
18    (c) Sentence.
19    A person convicted of attempt may be fined or imprisoned 
20or both not to exceed the maximum provided for the offense 
21attempted but, except for an attempt to commit the offense 
22defined in Section 33A-2 of this Code: 
23        (1) the sentence for attempt to commit first degree 
 
 
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1    murder is the sentence for a Class X felony, except that
2            (A) an attempt to commit first degree murder when 
3        at least one of the aggravating factors specified in 
4        clauses (iii), (iv), and (v) of subsection (a)(1)(c) 
5        of Section 5-8-1 of the Unified Code of Corrections is 
6        present is a Class X felony for which the sentence 
7        shall be a term of imprisonment of not less than 20 
8        years and not more than 80 years;
9            (B) an attempt to commit first degree murder while 
10        armed with a firearm is a Class X felony for which 15 
11        years shall be added to the term of imprisonment 
12        imposed by the court, if the person committed the 
13        offense while personally armed with the firearm;
14            (C) an attempt to commit first degree murder 
15        during which the person personally discharged a 
16        firearm is a Class X felony for which 20 years shall be 
17        added to the term of imprisonment imposed by the 
18        court;
19            (D) an attempt to commit first degree murder 
20        during which the person personally discharged a 
21        firearm that proximately caused great bodily harm, 
22        permanent disability, permanent disfigurement, or 
23        death to another person is a Class X felony for which 
24        25 years or up to a term of natural life shall be added 
25        to the term of imprisonment imposed by the court; and
26            (E) if the defendant proves by a preponderance of 
 
 
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1        the evidence at sentencing that, at the time of the 
2        attempted murder, he or she was acting under a sudden 
3        and intense passion resulting from serious provocation 
4        by the individual whom the defendant endeavored to 
5        kill, or another, and, had the individual the 
6        defendant endeavored to kill died, the defendant would 
7        have negligently or accidentally caused that death, 
8        then the sentence for the attempted murder is the 
9        sentence for a Class 1 felony; 
10        (2) the sentence for attempt to commit a Class X 
11    felony is the sentence for a Class 1 felony;
12        (3) the sentence for attempt to commit a Class 1 
13    felony is the sentence for a Class 2 felony;
14        (4) the sentence for attempt to commit a Class 2 
15    felony is the sentence for a Class 3 felony; and
16        (5) the sentence for attempt to commit any felony 
17    other than those specified in items (1), (2), (3), and (4) 
18    of this subsection (c) is the sentence for a Class A 
19    misdemeanor.
20(Source: P.A. 103-51, eff. 1-1-24.)
 
21    (720 ILCS 5/9-1.2)  (from Ch. 38, par. 9-1.2)
22    Sec. 9-1.2. Intentional homicide of an unborn child. 
23    (a) A person commits the offense of intentional homicide 
24of an unborn child if, in performing acts which cause the death 
25of an unborn child, he without lawful justification:
 
 
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1        (1) either intended to cause the death of or do great 
2    bodily harm to the pregnant individual or unborn child or 
3    knew that such acts would cause death or great bodily harm 
4    to the pregnant individual or unborn child; or
5        (2) knew that his acts created a strong probability of 
6    death or great bodily harm to the pregnant individual or 
7    unborn child; and
8        (3) knew that the individual was pregnant.
9    (b) For purposes of this Section, (1) "unborn child" shall 
10mean any individual of the human species from the implantation 
11of an embryo until birth, and (2) "person" shall not include 
12the pregnant woman whose unborn child is killed.
13    (c) This Section shall not apply to acts which cause the 
14death of an unborn child if those acts were committed during 
15any abortion, as defined in Section 1-10 of the Reproductive 
16Health Act, to which the pregnant individual has consented. 
17This Section shall not apply to acts which were committed 
18pursuant to usual and customary standards of medical practice 
19during diagnostic testing or therapeutic treatment.
20    (d) Penalty. The sentence for intentional homicide of an 
21unborn child shall be the same as for first degree murder, 
22except that:
23        (1) (blank);
24        (2) if the person committed the offense while 
25    personally armed with a firearm, 15 years shall be added 
26    to the term of 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 
11prohibit the prosecution of any person under any other 
12provision of law.
13(Source: P.A. 103-51, eff. 1-1-24.)
 
14    (720 ILCS 5/10-2)  (from Ch. 38, par. 10-2)
15    Sec. 10-2. Aggravated kidnaping. 
16    (a) A person commits the offense of aggravated kidnaping 
17when he or she commits kidnapping and:
18        (1) kidnaps with the intent to obtain ransom from the 
19    person kidnaped or from any other person;
20        (2) takes as his or her victim a child under the age of 
21    13 years, or a person with a severe or profound 
22    intellectual disability;
23        (3) inflicts great bodily harm, other than by the 
24    discharge of a firearm, or commits another felony upon his 
25    or her victim;
 
 
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1        (4) wears a hood, robe, or mask or conceals his or her 
2    identity;
3        (5) commits the offense of kidnaping while armed with 
4    a dangerous weapon, other than a firearm, as defined in 
5    Section 33A-1 of this Code;
6        (6) commits the offense of kidnaping while armed with 
7    a firearm;
8        (7) during the commission of the offense of kidnaping, 
9    personally discharges a firearm; or
10        (8) during the commission of the offense of kidnaping, 
11    personally discharges a firearm that proximately causes 
12    great bodily harm, permanent disability, permanent 
13    disfigurement, or death to another person.
14    As used in this Section, "ransom" includes money, benefit, 
15or other valuable thing or concession.
16    (b) Sentence. Aggravated kidnaping in violation of 
17paragraph (1), (2), (3), (4), or (5) of subsection (a) is a 
18Class X felony. A violation of subsection (a)(6) is a Class X 
19felony for which 15 years shall be added to the term of 
20imprisonment imposed by the court, if the person committed the 
21offense while personally armed with the firearm. A violation 
22of subsection (a)(7) is a Class X felony for which 20 years 
23shall be added to the term of imprisonment imposed by the 
24court. A violation of subsection (a)(8) is a Class X felony for 
25which 25 years or up to a term of natural life shall be added 
26to the term of imprisonment imposed by the court. An offender 
 
 
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1under the age of 18 years at the time of the commission of 
2aggravated kidnaping in violation of paragraphs (1) through 
3(8) of subsection (a) shall be sentenced under Section 
45-4.5-105 of the Unified Code of Corrections.
5    A person who has attained the age of 18 years at the time 
6of the commission of the offense and who is convicted of a 
7second or subsequent offense of aggravated kidnaping shall be 
8sentenced to a term of natural life imprisonment; except that 
9a sentence of natural life imprisonment shall not be imposed 
10under this Section unless the second or subsequent offense was 
11committed after conviction on the first offense. An offender 
12under the age of 18 years at the time of the commission of the 
13second or subsequent offense shall be sentenced under Section 
145-4.5-105 of the Unified Code of Corrections. 
15(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 
1699-642, eff. 7-28-16.)
 
17    (720 ILCS 5/11-1.30)  (was 720 ILCS 5/12-14)
18    Sec. 11-1.30. Aggravated Criminal Sexual Assault. 
19    (a) A person commits aggravated criminal sexual assault if 
20that person commits criminal sexual assault and any of the 
21following aggravating circumstances exist during the 
22commission of the offense or, for purposes of paragraph (7), 
23occur as part of the same course of conduct as the commission 
24of the offense:
25        (1) the person displays, threatens to use, or uses a 
 
 
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1    dangerous weapon, other than a firearm, or any other 
2    object fashioned or used in a manner that leads the 
3    victim, under the circumstances, reasonably to believe 
4    that the object is a dangerous weapon;
5        (2) the person causes bodily harm to the victim, 
6    except as provided in paragraph (10);
7        (3) the person acts in a manner that threatens or 
8    endangers the life of the victim or any other person;
9        (4) the person commits the criminal sexual assault 
10    during the course of committing or attempting to commit 
11    any other felony;
12        (5) the victim is 60 years of age or older;
13        (6) the victim is a person with a physical disability;
14        (7) the person delivers (by injection, inhalation, 
15    ingestion, transfer of possession, or any other means) any 
16    controlled substance to the victim without the victim's 
17    consent or by threat or deception for other than medical 
18    purposes;
19        (8) the person is armed with a firearm;
20        (9) the person personally discharges a firearm during 
21    the commission of the offense; or
22        (10) the person personally discharges a firearm during 
23    the commission of the offense, and that discharge 
24    proximately causes great bodily harm, permanent 
25    disability, permanent disfigurement, or death to another 
26    person.
 
 
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1    (b) A person commits aggravated criminal sexual assault if 
2that person is under 17 years of age and: (i) commits an act of 
3sexual penetration with a victim who is under 9 years of age; 
4or (ii) commits an act of sexual penetration with a victim who 
5is at least 9 years of age but under 13 years of age and the 
6person uses force or threat of force to commit the act.
7    (c) A person commits aggravated criminal sexual assault if 
8that person commits an act of sexual penetration with a victim 
9who is a person with a severe or profound intellectual 
10disability.
11    (d) Sentence.
12        (1) Aggravated criminal sexual assault in violation of 
13    paragraph (2), (3), (4), (5), (6), or (7) of subsection 
14    (a) or in violation of subsection (b) or (c) is a Class X 
15    felony. A violation of subsection (a)(1) is a Class X 
16    felony for which 10 years shall be added to the term of 
17    imprisonment imposed by the court. A violation of 
18    subsection (a)(8) is a Class X felony for which 15 years 
19    shall be added to the term of imprisonment imposed by the 
20    court, if the person committed the offense while 
21    personally armed with the firearm. A violation of 
22    subsection (a)(9) is a Class X felony for which 20 years 
23    shall be added to the term of imprisonment imposed by the 
24    court. A violation of subsection (a)(10) is a Class X 
25    felony for which 25 years or up to a term of natural life 
26    imprisonment shall be added to the term of imprisonment 
 
 
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1    imposed by the court. An offender under the age of 18 years 
2    at the time of the commission of aggravated criminal 
3    sexual assault in violation of paragraphs (1) through (10) 
4    of subsection (a) shall be sentenced under Section 
5    5-4.5-105 of the Unified Code of Corrections. 
6        (2) A person who has attained the age of 18 years at 
7    the time of the commission of the offense and who is 
8    convicted of a second or subsequent offense of aggravated 
9    criminal sexual assault, or who is convicted of the 
10    offense of aggravated criminal sexual assault after having 
11    previously been convicted of the offense of criminal 
12    sexual assault or the offense of predatory criminal sexual 
13    assault of a child, or who is convicted of the offense of 
14    aggravated criminal sexual assault after having previously 
15    been convicted under the laws of this or any other state of 
16    an offense that is substantially equivalent to the offense 
17    of criminal sexual assault, the offense of aggravated 
18    criminal sexual assault or the offense of predatory 
19    criminal sexual assault of a child, shall be sentenced to 
20    a term of natural life imprisonment. The commission of the 
21    second or subsequent offense is required to have been 
22    after the initial conviction for this paragraph (2) to 
23    apply. An offender under the age of 18 years at the time of 
24    the commission of the offense covered by this paragraph 
25    (2) shall be sentenced under Section 5-4.5-105 of the 
26    Unified Code of Corrections. 
 
 
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1(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 
299-642, eff. 7-28-16.)
 
3    (720 ILCS 5/11-1.40)  (was 720 ILCS 5/12-14.1)
4    Sec. 11-1.40. Predatory criminal sexual assault of a 
5child. 
6    (a) A person commits predatory criminal sexual assault of 
7a child if that person is 17 years of age or older, and commits 
8an act of contact, however slight, between the sex organ or 
9anus of one person and the part of the body of another for the 
10purpose of sexual gratification or arousal of the victim or 
11the accused, or an act of sexual penetration, and:
12        (1) the victim is under 13 years of age; or
13        (2) the victim is under 13 years of age and that 
14    person:
15            (A) is armed with a firearm;
16            (B) personally discharges a firearm during the 
17        commission of the offense;
18            (C) causes great bodily harm to the victim that:
19                (i) results in permanent disability; or
20                (ii) is life threatening; or
21            (D) delivers (by injection, inhalation, ingestion, 
22        transfer of possession, or any other means) any 
23        controlled substance to the victim without the 
24        victim's consent or by threat or deception, for other 
25        than medical purposes.
 
 
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1    (b) Sentence.
2        (1) A person convicted of a violation of subsection 
3    (a)(1) commits a Class X felony, for which the person 
4    shall be sentenced to a term of imprisonment of not less 
5    than 6 years and not more than 60 years. A person convicted 
6    of a violation of subsection (a)(2)(A) commits a Class X 
7    felony for which 15 years shall be added to the term of 
8    imprisonment imposed by the court, if the person committed 
9    the offense while personally armed with the firearm. A 
10    person convicted of a violation of subsection (a)(2)(B) 
11    commits a Class X felony for which 20 years shall be added 
12    to the term of imprisonment imposed by the court. A person 
13    who has attained the age of 18 years at the time of the 
14    commission of the offense and who is convicted of a 
15    violation of subsection (a)(2)(C) commits a Class X felony 
16    for which the person shall be sentenced to a term of 
17    imprisonment of not less than 50 years or up to a term of 
18    natural life imprisonment. An offender under the age of 18 
19    years at the time of the commission of predatory criminal 
20    sexual assault of a child in violation of subsections 
21    (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be 
22    sentenced under Section 5-4.5-105 of the Unified Code of 
23    Corrections. 
24        (1.1) A person convicted of a violation of subsection 
25    (a)(2)(D) commits a Class X felony for which the person 
26    shall be sentenced to a term of imprisonment of not less 
 
 
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1    than 50 years and not more than 60 years. An offender under 
2    the age of 18 years at the time of the commission of 
3    predatory criminal sexual assault of a child in violation 
4    of subsection (a)(2)(D) shall be sentenced under Section 
5    5-4.5-105 of the Unified Code of Corrections. 
6        (1.2) A person who has attained the age of 18 years at 
7    the time of the commission of the offense and convicted of 
8    predatory criminal sexual assault of a child committed 
9    against 2 or more persons regardless of whether the 
10    offenses occurred as the result of the same act or of 
11    several related or unrelated acts shall be sentenced to a 
12    term of natural life imprisonment and an offender under 
13    the age of 18 years at the time of the commission of the 
14    offense shall be sentenced under Section 5-4.5-105 of the 
15    Unified Code of Corrections.
16        (2) A person who has attained the age of 18 years at 
17    the time of the commission of the offense and who is 
18    convicted of a second or subsequent offense of predatory 
19    criminal sexual assault of a child, or who is convicted of 
20    the offense of predatory criminal sexual assault of a 
21    child after having previously been convicted of the 
22    offense of criminal sexual assault or the offense of 
23    aggravated criminal sexual assault, or who is convicted of 
24    the offense of predatory criminal sexual assault of a 
25    child after having previously been convicted under the 
26    laws of this State or any other state of an offense that is 
 
 
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1    substantially equivalent to the offense of predatory 
2    criminal sexual assault of a child, the offense of 
3    aggravated criminal sexual assault or the offense of 
4    criminal sexual assault, shall be sentenced to a term of 
5    natural life imprisonment. The commission of the second or 
6    subsequent offense is required to have been after the 
7    initial conviction for this paragraph (2) to apply. An 
8    offender under the age of 18 years at the time of the 
9    commission of the offense covered by this paragraph (2) 
10    shall be sentenced under Section 5-4.5-105 of the Unified 
11    Code of Corrections. 
12(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14; 
1398-903, eff. 8-15-14; 99-69, eff. 1-1-16.)
 
14    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
15    Sec. 12-3.05. Aggravated battery. 
16    (a) Offense based on injury. A person commits aggravated 
17battery when, in committing a battery, other than by the 
18discharge of a firearm, he or she knowingly does any of the 
19following:
20        (1) Causes great bodily harm or permanent disability 
21    or disfigurement.
22        (2) Causes severe and permanent disability, great 
23    bodily harm, or disfigurement by means of a caustic or 
24    flammable substance, a poisonous gas, a deadly biological 
25    or chemical contaminant or agent, a radioactive substance, 
 
 
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1    or a bomb or explosive compound.
2        (3) Causes great bodily harm or permanent disability 
3    or disfigurement to an individual whom the person knows to 
4    be a peace officer, community policing volunteer, fireman, 
5    private security officer, correctional institution 
6    employee, or Department of Human Services employee 
7    supervising or controlling sexually dangerous persons or 
8    sexually violent persons:
9            (i) performing his or her official duties;
10            (ii) battered to prevent performance of his or her 
11        official duties; or
12            (iii) battered in retaliation for performing his 
13        or her official duties.
14        (4) Causes great bodily harm or permanent disability 
15    or disfigurement to an individual 60 years of age or 
16    older.
17        (5) Strangles another individual. 
18    (b) Offense based on injury to a child or person with an 
19intellectual disability. A person who is at least 18 years of 
20age commits aggravated battery when, in committing a battery, 
21he or she knowingly and without legal justification by any 
22means:
23        (1) causes great bodily harm or permanent disability 
24    or disfigurement to any child under the age of 13 years, or 
25    to any person with a severe or profound intellectual 
26    disability; or
 
 
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1        (2) causes bodily harm or disability or disfigurement 
2    to any child under the age of 13 years or to any person 
3    with a severe or profound intellectual disability. 
4    (c) Offense based on location of conduct. A person commits 
5aggravated battery when, in committing a battery, other than 
6by the discharge of a firearm, he or she is or the person 
7battered is on or about a public way, public property, a public 
8place of accommodation or amusement, a sports venue, or a 
9domestic violence shelter, or in a church, synagogue, mosque, 
10or other building, structure, or place used for religious 
11worship.
12    (d) Offense based on status of victim. A person commits 
13aggravated battery when, in committing a battery, other than 
14by discharge of a firearm, he or she knows the individual 
15battered to be any of the following:
16        (1) A person 60 years of age or older.
17        (2) A person who is pregnant or has a physical 
18    disability.
19        (3) A teacher or school employee upon school grounds 
20    or grounds adjacent to a school or in any part of a 
21    building used for school purposes.
22        (4) A peace officer, community policing volunteer, 
23    fireman, private security officer, correctional 
24    institution employee, or Department of Human Services 
25    employee supervising or controlling sexually dangerous 
26    persons or sexually violent persons:
 
 
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1            (i) performing his or her official duties;
2            (ii) battered to prevent performance of his or her 
3        official duties; or
4            (iii) battered in retaliation for performing his 
5        or her official duties.
6        (5) A judge, emergency management worker, emergency 
7    medical services personnel, or utility worker:
8            (i) performing his or her official duties;
9            (ii) battered to prevent performance of his or her 
10        official duties; or
11            (iii) battered in retaliation for performing his 
12        or her official duties.
13        (6) An officer or employee of the State of Illinois, a 
14    unit of local government, or a school district, while 
15    performing his or her official duties.
16        (7) A transit employee performing his or her official 
17    duties, or a transit passenger.
18        (8) A taxi driver on duty.
19        (9) A merchant who detains the person for an alleged 
20    commission of retail theft under Section 16-26 of this 
21    Code and the person without legal justification by any 
22    means causes bodily harm to the merchant.
23        (10) A person authorized to serve process under 
24    Section 2-202 of the Code of Civil Procedure or a special 
25    process server appointed by the circuit court while that 
26    individual is in the performance of his or her duties as a 
 
 
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1    process server.
2        (11) A nurse while in the performance of his or her 
3    duties as a nurse. 
4        (12) A merchant: (i) while performing his or her 
5    duties, including, but not limited to, relaying directions 
6    for healthcare or safety from his or her supervisor or 
7    employer or relaying health or safety guidelines, 
8    recommendations, regulations, or rules from a federal, 
9    State, or local public health agency; and (ii) during a 
10    disaster declared by the Governor, or a state of emergency 
11    declared by the mayor of the municipality in which the 
12    merchant is located, due to a public health emergency and 
13    for a period of 6 months after such declaration. 
14    (e) Offense based on use of a firearm. A person commits 
15aggravated battery when, in committing a battery, he or she 
16knowingly does any of the following:
17        (1) Discharges a firearm, other than a machine gun or 
18    a firearm equipped with a silencer, and causes any injury 
19    to another person.
20        (2) Discharges a firearm, other than a machine gun or 
21    a firearm equipped with a silencer, and causes any injury 
22    to a person he or she knows to be a peace officer, 
23    community policing volunteer, person summoned by a police 
24    officer, fireman, private security officer, correctional 
25    institution employee, or emergency management worker:
26            (i) performing his or her official duties;
 
 
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1            (ii) battered to prevent performance of his or her 
2        official duties; or
3            (iii) battered in retaliation for performing his 
4        or her official duties.
5        (3) Discharges a firearm, other than a machine gun or 
6    a firearm equipped with a silencer, and causes any injury 
7    to a person he or she knows to be emergency medical 
8    services personnel:
9            (i) performing his or her official duties;
10            (ii) battered to prevent performance of his or her 
11        official duties; or
12            (iii) battered in retaliation for performing his 
13        or her official duties.
14        (4) Discharges a firearm and causes any injury to a 
15    person he or she knows to be a teacher, a student in a 
16    school, or a school employee, and the teacher, student, or 
17    employee is upon school grounds or grounds adjacent to a 
18    school or in any part of a building used for school 
19    purposes.
20        (5) Discharges a machine gun or a firearm equipped 
21    with a silencer, and causes any injury to another person.
22        (6) Discharges a machine gun or a firearm equipped 
23    with a silencer, and causes any injury to a person he or 
24    she knows to be a peace officer, community policing 
25    volunteer, person summoned by a police officer, fireman, 
26    private security officer, correctional institution 
 
 
SB2867- 20 -LRB104 17338 RLC 30762 b

1    employee or emergency management worker:
2            (i) performing his or her official duties;
3            (ii) battered to prevent performance of his or her 
4        official duties; or
5            (iii) battered in retaliation for performing his 
6        or her official duties.
7        (7) Discharges a machine gun or a firearm equipped 
8    with a silencer, and causes any injury to a person he or 
9    she knows to be emergency medical services personnel:
10            (i) performing his or her official duties;
11            (ii) battered to prevent performance of his or her 
12        official duties; or
13            (iii) battered in retaliation for performing his 
14        or her official duties.
15        (8) Discharges a machine gun or a firearm equipped 
16    with a silencer, and causes any injury to a person he or 
17    she knows to be a teacher, or a student in a school, or a 
18    school employee, and the teacher, student, or employee is 
19    upon school grounds or grounds adjacent to a school or in 
20    any part of a building used for school purposes. 
21    (f) Offense based on use of a weapon or device. A person 
22commits aggravated battery when, in committing a battery, he 
23or she does any of the following:
24        (1) Uses a deadly weapon other than by discharge of a 
25    firearm, or uses an air rifle as defined in Section 
26    24.8-0.1 of this Code.
 
 
SB2867- 21 -LRB104 17338 RLC 30762 b

1        (2) Wears a hood, robe, or mask to conceal his or her 
2    identity.
3        (3) Knowingly and without lawful justification shines 
4    or flashes a laser gunsight or other laser device attached 
5    to a firearm, or used in concert with a firearm, so that 
6    the laser beam strikes upon or against the person of 
7    another.
8        (4) Knowingly video or audio records the offense with 
9    the intent to disseminate the recording. 
10    (g) Offense based on certain conduct. A person commits 
11aggravated battery when, other than by discharge of a firearm, 
12he or she does any of the following:
13        (1) Violates Section 401 of the Illinois Controlled 
14    Substances Act by unlawfully delivering a controlled 
15    substance to another and any user experiences great bodily 
16    harm or permanent disability as a result of the injection, 
17    inhalation, or ingestion of any amount of the controlled 
18    substance.
19        (2) Knowingly administers to an individual or causes 
20    him or her to take, without his or her consent or by threat 
21    or deception, and for other than medical purposes, any 
22    intoxicating, poisonous, stupefying, narcotic, 
23    anesthetic, or controlled substance, or gives to another 
24    person any food containing any substance or object 
25    intended to cause physical injury if eaten.
26        (3) Knowingly causes or attempts to cause a 
 
 
SB2867- 22 -LRB104 17338 RLC 30762 b

1    correctional institution employee or Department of Human 
2    Services employee to come into contact with blood, seminal 
3    fluid, urine, or feces by throwing, tossing, or expelling 
4    the fluid or material, and the person is an inmate of a 
5    penal institution or is a sexually dangerous person or 
6    sexually violent person in the custody of the Department 
7    of Human Services.
8    (h) Sentence. Unless otherwise provided, aggravated 
9battery is a Class 3 felony.
10    Aggravated battery as defined in subdivision (a)(4), 
11(d)(4), or (g)(3) is a Class 2 felony.
12    Aggravated battery as defined in subdivision (a)(3) or 
13(g)(1) is a Class 1 felony.
14    Aggravated battery as defined in subdivision (a)(1) is a 
15Class 1 felony when the aggravated battery was intentional and 
16involved the infliction of torture, as defined in paragraph 
17(10) of subsection (b-5) of Section 5-8-1 of the Unified Code 
18of Corrections, as the infliction of or subjection to extreme 
19physical pain, motivated by an intent to increase or prolong 
20the pain, suffering, or agony of the victim. 
21    Aggravated battery as defined in subdivision (a)(1) is a 
22Class 2 felony when the person causes great bodily harm or 
23permanent disability to an individual whom the person knows to 
24be a member of a congregation engaged in prayer or other 
25religious activities at a church, synagogue, mosque, or other 
26building, structure, or place used for religious worship. 
 
 
SB2867- 23 -LRB104 17338 RLC 30762 b

1    Aggravated battery under subdivision (a)(5) is a Class 1 
2felony if:
3        (A) the person used or attempted to use a dangerous 
4    instrument while committing the offense;
5        (B) the person caused great bodily harm or permanent 
6    disability or disfigurement to the other person while 
7    committing the offense; or
8        (C) the person has been previously convicted of a 
9    violation of subdivision (a)(5) under the laws of this 
10    State or laws similar to subdivision (a)(5) of any other 
11    state. 
12    Aggravated battery as defined in subdivision (e)(1) is a 
13Class X felony.
14    Aggravated battery as defined in subdivision (a)(2) is a 
15Class X felony for which a person shall be sentenced to a term 
16of imprisonment of a minimum of 6 years and a maximum of 45 
17years.
18    Aggravated battery as defined in subdivision (e)(5) is a 
19Class X felony for which a person shall be sentenced to a term 
20of imprisonment of a minimum of 12 years and a maximum of 45 
21years.
22    Aggravated battery as defined in subdivision (e)(2), 
23(e)(3), or (e)(4) is a Class X felony for which a person shall 
24be sentenced to a term of imprisonment of a minimum of 15 years 
25and a maximum of 60 years.
26    Aggravated battery as defined in subdivision (e)(6), 
 
 
SB2867- 24 -LRB104 17338 RLC 30762 b

1(e)(7), or (e)(8) is a Class X felony for which a person shall 
2be sentenced to a term of imprisonment of a minimum of 20 years 
3and a maximum of 60 years.
4    Aggravated battery as defined in subdivision (b)(1) is a 
5Class X felony, except that:
6        (1) if the person committed the offense while 
7    personally armed with a firearm, 15 years shall be added 
8    to the term of imprisonment imposed by the court;
9        (2) if, during the commission of the offense, the 
10    person personally discharged a firearm, 20 years shall be 
11    added to the term of imprisonment imposed by the court;
12        (3) if, during the commission of the offense, the 
13    person personally discharged a firearm that proximately 
14    caused great bodily harm, permanent disability, permanent 
15    disfigurement, or death to another person, 25 years or up 
16    to a term of natural life shall be added to the term of 
17    imprisonment imposed by the court.
18    (i) Definitions. In this Section:
19    "Building or other structure used to provide shelter" has 
20the meaning ascribed to "shelter" in Section 1 of the Domestic 
21Violence Shelters Act.
22    "Domestic violence" has the meaning ascribed to it in 
23Section 103 of the Illinois Domestic Violence Act of 1986.
24    "Domestic violence shelter" means any building or other 
25structure used to provide shelter or other services to victims 
26or to the dependent children of victims of domestic violence 
 
 
SB2867- 25 -LRB104 17338 RLC 30762 b

1pursuant to the Illinois Domestic Violence Act of 1986 or the 
2Domestic Violence Shelters Act, or any place within 500 feet 
3of such a building or other structure in the case of a person 
4who is going to or from such a building or other structure.
5    "Firearm" has the meaning provided under Section 1.1 of 
6the Firearm Owners Identification Card Act, and does not 
7include an air rifle as defined by Section 24.8-0.1 of this 
8Code. 
9    "Machine gun" has the meaning ascribed to it in Section 
1024-1 of this Code.
11    "Merchant" has the meaning ascribed to it in Section 
1216-0.1 of this Code. 
13    "Strangle" means intentionally impeding the normal 
14breathing or circulation of the blood of an individual by 
15applying pressure on the throat or neck of that individual or 
16by blocking the nose or mouth of that individual. 
17(Source: P.A. 103-51, eff. 1-1-24.)
 
18    (720 ILCS 5/18-2)  (from Ch. 38, par. 18-2)
19    Sec. 18-2. Armed robbery. 
20    (a) A person commits armed robbery when he or she violates 
21Section 18-1; and    
22        (1) he or she carries on or about his or her person or 
23    is otherwise armed with a dangerous weapon other than a 
24    firearm; or    
25        (2) he or she carries on or about his or her person or 
 
 
SB2867- 26 -LRB104 17338 RLC 30762 b

1    is otherwise armed with a firearm; or    
2        (3) he or she, during the commission of the offense, 
3    personally discharges a firearm; or    
4        (4) he or she, during the commission of the offense, 
5    personally discharges a firearm that proximately causes 
6    great bodily harm, permanent disability, permanent 
7    disfigurement, or death to another person.
8    (b) Sentence.
9    Armed robbery in violation of subsection (a)(1) is a Class 
10X felony. A violation of subsection (a)(2) is a Class X felony 
11for which 15 years shall be added to the term of imprisonment 
12imposed by the court, if the person committed the offense 
13while personally armed with the firearm. A violation of 
14subsection (a)(3) is a Class X felony for which 20 years shall 
15be added to the term of imprisonment imposed by the court. A 
16violation of subsection (a)(4) is a Class X felony for which 25 
17years or up to a term of natural life shall be added to the 
18term of imprisonment imposed by the court.
19(Source: P.A. 91-404, eff. 1-1-00.)
 
20    (720 ILCS 5/18-4)
21    Sec. 18-4. Aggravated vehicular hijacking. 
22    (a) A person commits aggravated vehicular hijacking when 
23he or she violates Section 18-3; and
24        (1) the person from whose immediate presence the motor 
25    vehicle is taken is a person with a physical disability or 
 
 
SB2867- 27 -LRB104 17338 RLC 30762 b

1    a person 60 years of age or over; or
2        (2) a person under 16 years of age is a passenger in 
3    the motor vehicle at the time of the offense; or
4        (3) he or she carries on or about his or her person, or 
5    is otherwise armed with a dangerous weapon, other than a 
6    firearm; or
7        (4) he or she carries on or about his or her person or 
8    is otherwise armed with a firearm; or
9        (5) he or she, during the commission of the offense, 
10    personally discharges a firearm; or
11        (6) he or she, during the commission of the offense, 
12    personally discharges a firearm that proximately causes 
13    great bodily harm, permanent disability, permanent 
14    disfigurement, or death to another person.
15    (b) Sentence. Aggravated vehicular hijacking in violation 
16of subsections (a)(1) or (a)(2) is a Class X felony. A 
17violation of subsection (a)(3) is a Class X felony for which a 
18term of imprisonment of not less than 7 years shall be imposed. 
19A violation of subsection (a)(4) is a Class X felony for which 
2015 years shall be added to the term of imprisonment imposed by 
21the court, if the person committed the offense while 
22personally armed with the firearm. A violation of subsection 
23(a)(5) is a Class X felony for which 20 years shall be added to 
24the term of imprisonment imposed by the court. A violation of 
25subsection (a)(6) is a Class X felony for which 25 years or up 
26to a term of natural life shall be added to the term of 
 
 
SB2867- 28 -LRB104 17338 RLC 30762 b

1imprisonment imposed by the court.
2(Source: P.A. 99-143, eff. 7-27-15.)
 
3    (720 ILCS 5/19-6)  (was 720 ILCS 5/12-11)
4    Sec. 19-6. Home Invasion. 
5    (a) A person who is not a peace officer acting in the line 
6of duty commits home invasion when without authority he or she 
7knowingly enters the dwelling place of another when he or she 
8knows or has reason to know that one or more persons is present 
9or he or she knowingly enters the dwelling place of another and 
10remains in the dwelling place until he or she knows or has 
11reason to know that one or more persons is present or who 
12falsely represents himself or herself, including but not 
13limited to, falsely representing himself or herself to be a 
14representative of any unit of government or a construction, 
15telecommunications, or utility company, for the purpose of 
16gaining entry to the dwelling place of another when he or she 
17knows or has reason to know that one or more persons are 
18present and
19        (1) While armed with a dangerous weapon, other than a 
20    firearm, uses force or threatens the imminent use of force 
21    upon any person or persons within the dwelling place 
22    whether or not injury occurs, or
23        (2) Intentionally causes any injury, except as 
24    provided in subsection (a)(5), to any person or persons 
25    within the dwelling place, or
 
 
SB2867- 29 -LRB104 17338 RLC 30762 b

1        (3) While armed with a firearm uses force or threatens 
2    the imminent use of force upon any person or persons 
3    within the dwelling place whether or not injury occurs, or
4        (4) Uses force or threatens the imminent use of force 
5    upon any person or persons within the dwelling place 
6    whether or not injury occurs and during the commission of 
7    the offense personally discharges a firearm, or
8        (5) Personally discharges a firearm that proximately 
9    causes great bodily harm, permanent disability, permanent 
10    disfigurement, or death to another person within the 
11    dwelling place, or
12        (6) Commits, against any person or persons within that 
13    dwelling place, a violation of Section 11-1.20, 11-1.30, 
14    11-1.40, 11-1.50, or 11-1.60 of this Code.
15    (b) It is an affirmative defense to a charge of home 
16invasion that the accused who knowingly enters the dwelling 
17place of another and remains in the dwelling place until he or 
18she knows or has reason to know that one or more persons is 
19present either immediately leaves the premises or surrenders 
20to the person or persons lawfully present therein without 
21either attempting to cause or causing serious bodily injury to 
22any person present therein.
23    (c) Sentence. Home invasion in violation of subsection 
24(a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of 
25subsection (a)(3) is a Class X felony for which 15 years shall 
26be added to the term of imprisonment imposed by the court, if 
 
 
SB2867- 30 -LRB104 17338 RLC 30762 b

1the person committed the offense while personally armed with 
2the firearm. A violation of subsection (a)(4) is a Class X 
3felony for which 20 years shall be added to the term of 
4imprisonment imposed by the court. A violation of subsection 
5(a)(5) is a Class X felony for which 25 years or up to a term 
6of natural life shall be added to the term of imprisonment 
7imposed by the court.
8    (d) For purposes of this Section, "dwelling place of 
9another" includes a dwelling place where the defendant 
10maintains a tenancy interest but from which the defendant has 
11been barred by a divorce decree, judgment of dissolution of 
12marriage, order of protection, or other court order.
13(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; 
1497-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
15    Section 10. The Unified Code of Corrections is amended by 
16changing Section 5-8-1 as follows:
 
17    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
18    Sec. 5-8-1. Natural life imprisonment; enhancements for 
19use of a firearm; mandatory supervised release terms. 
20    (a) Except as otherwise provided in the statute defining 
21the offense or in Article 4.5 of Chapter V, a sentence of 
22imprisonment for a felony shall be a determinate sentence set 
23by the court under this Section, subject to Section 5-4.5-115 
24of this Code, according to the following limitations:
 
 
SB2867- 31 -LRB104 17338 RLC 30762 b

1        (1) for first degree murder,
2            (a) (blank),
3            (b) if a trier of fact finds beyond a reasonable 
4        doubt that the murder was accompanied by exceptionally 
5        brutal or heinous behavior indicative of wanton 
6        cruelty or, except as set forth in subsection 
7        (a)(1)(c) of this Section, that any of the aggravating 
8        factors listed in subparagraph (b-5) are present, the 
9        court may sentence the defendant, subject to Section 
10        5-4.5-105, to a term of natural life imprisonment, or
11            (b-5) a defendant who at the time of the 
12        commission of the offense has attained the age of 18 or 
13        more and who has been found guilty of first degree 
14        murder may be sentenced to a term of natural life 
15        imprisonment if: 
16                (1) the murdered individual was an inmate at 
17            an institution or facility of the Department of 
18            Corrections, or any similar local correctional 
19            agency and was killed on the grounds thereof, or 
20            the murdered individual was otherwise present in 
21            such institution or facility with the knowledge 
22            and approval of the chief administrative officer 
23            thereof; 
24                (2) the murdered individual was killed as a 
25            result of the hijacking of an airplane, train, 
26            ship, bus, or other public conveyance; 
 
 
SB2867- 32 -LRB104 17338 RLC 30762 b

1                (3) the defendant committed the murder 
2            pursuant to a contract, agreement, or 
3            understanding by which he or she was to receive 
4            money or anything of value in return for 
5            committing the murder or procured another to 
6            commit the murder for money or anything of value; 
7                (4) the murdered individual was killed in the 
8            course of another felony if: 
9                    (A) the murdered individual: 
10                        (i) was actually killed by the 
11                    defendant, or 
12                        (ii) received physical injuries 
13                    personally inflicted by the defendant 
14                    substantially contemporaneously with 
15                    physical injuries caused by one or more 
16                    persons for whose conduct the defendant is 
17                    legally accountable under Section 5-2 of 
18                    this Code, and the physical injuries 
19                    inflicted by either the defendant or the 
20                    other person or persons for whose conduct 
21                    he is legally accountable caused the death 
22                    of the murdered individual; and (B) in 
23                    performing the acts which caused the death 
24                    of the murdered individual or which 
25                    resulted in physical injuries personally 
26                    inflicted by the defendant on the murdered 
 
 
SB2867- 33 -LRB104 17338 RLC 30762 b

1                    individual under the circumstances of 
2                    subdivision (ii) of clause (A) of this 
3                    clause (4), the defendant acted with the 
4                    intent to kill the murdered individual or 
5                    with the knowledge that his or her acts 
6                    created a strong probability of death or 
7                    great bodily harm to the murdered 
8                    individual or another; and 
9                    (B) in performing the acts which caused 
10                the death of the murdered individual or which 
11                resulted in physical injuries personally 
12                inflicted by the defendant on the murdered 
13                individual under the circumstances of 
14                subdivision (ii) of clause (A) of this clause 
15                (4), the defendant acted with the intent to 
16                kill the murdered individual or with the 
17                knowledge that his or her acts created a 
18                strong probability of death or great bodily 
19                harm to the murdered individual or another; 
20                and 
21                    (C) the other felony was an inherently 
22                violent crime or the attempt to commit an 
23                inherently violent crime. In this clause (C), 
24                "inherently violent crime" includes, but is 
25                not limited to, armed robbery, robbery, 
26                predatory criminal sexual assault of a child, 
 
 
SB2867- 34 -LRB104 17338 RLC 30762 b

1                aggravated criminal sexual assault, aggravated 
2                kidnapping, aggravated vehicular hijacking, 
3                aggravated arson, aggravated stalking, 
4                residential burglary, and home invasion; 
5                (5) the defendant committed the murder with 
6            intent to prevent the murdered individual from 
7            testifying or participating in any criminal 
8            investigation or prosecution or giving material 
9            assistance to the State in any investigation or 
10            prosecution, either against the defendant or 
11            another; or the defendant committed the murder 
12            because the murdered individual was a witness in 
13            any prosecution or gave material assistance to the 
14            State in any investigation or prosecution, either 
15            against the defendant or another; for purposes of 
16            this clause (5), "participating in any criminal 
17            investigation or prosecution" is intended to 
18            include those appearing in the proceedings in any 
19            capacity such as trial judges, prosecutors, 
20            defense attorneys, investigators, witnesses, or 
21            jurors; 
22                (6) the defendant, while committing an offense 
23            punishable under Section 401, 401.1, 401.2, 405, 
24            405.2, 407, or 407.1 or subsection (b) of Section 
25            404 of the Illinois Controlled Substances Act, or 
26            while engaged in a conspiracy or solicitation to 
 
 
SB2867- 35 -LRB104 17338 RLC 30762 b

1            commit such offense, intentionally killed an 
2            individual or counseled, commanded, induced, 
3            procured, or caused the intentional killing of the 
4            murdered individual; 
5                (7) the defendant was incarcerated in an 
6            institution or facility of the Department of 
7            Corrections at the time of the murder, and while 
8            committing an offense punishable as a felony under 
9            Illinois law, or while engaged in a conspiracy or 
10            solicitation to commit such offense, intentionally 
11            killed an individual or counseled, commanded, 
12            induced, procured, or caused the intentional 
13            killing of the murdered individual; 
14                (8) the murder was committed in a cold, 
15            calculated and premeditated manner pursuant to a 
16            preconceived plan, scheme, or design to take a 
17            human life by unlawful means, and the conduct of 
18            the defendant created a reasonable expectation 
19            that the death of a human being would result 
20            therefrom; 
21                (9) the defendant was a principal 
22            administrator, organizer, or leader of a 
23            calculated criminal drug conspiracy consisting of 
24            a hierarchical position of authority superior to 
25            that of all other members of the conspiracy, and 
26            the defendant counseled, commanded, induced, 
 
 
SB2867- 36 -LRB104 17338 RLC 30762 b

1            procured, or caused the intentional killing of the 
2            murdered person; 
3                (10) the murder was intentional and involved 
4            the infliction of torture. For the purpose of this 
5            clause (10), torture means the infliction of or 
6            subjection to extreme physical pain, motivated by 
7            an intent to increase or prolong the pain, 
8            suffering, or agony of the victim; 
9                (11) the murder was committed as a result of 
10            the intentional discharge of a firearm by the 
11            defendant from a motor vehicle and the victim was 
12            not present within the motor vehicle; 
13                (12) the murdered individual was a person with 
14            a disability and the defendant knew or should have 
15            known that the murdered individual was a person 
16            with a disability. For purposes of this clause 
17            (12), "person with a disability" means a person 
18            who suffers from a permanent physical or mental 
19            impairment resulting from disease, an injury, a 
20            functional disorder, or a congenital condition 
21            that renders the person incapable of adequately 
22            providing for his or her own health or personal 
23            care; 
24                (13) the murdered individual was subject to an 
25            order of protection and the murder was committed 
26            by a person against whom the same order of 
 
 
SB2867- 37 -LRB104 17338 RLC 30762 b

1            protection was issued under the Illinois Domestic 
2            Violence Act of 1986; 
3                (14) the murdered individual was known by the 
4            defendant to be a teacher or other person employed 
5            in any school and the teacher or other employee is 
6            upon the grounds of a school or grounds adjacent 
7            to a school, or is in any part of a building used 
8            for school purposes; 
9                (15) the murder was committed by the defendant 
10            in connection with or as a result of the offense of 
11            terrorism as defined in Section 29D-14.9 of this 
12            Code; 
13                (16) the murdered individual was a member of a 
14            congregation engaged in prayer or other religious 
15            activities at a church, synagogue, mosque, or 
16            other building, structure, or place used for 
17            religious worship; or 
18                (17)(i) the murdered individual was a 
19            physician, physician assistant, psychologist, 
20            nurse, or advanced practice registered nurse; 
21                (ii) the defendant knew or should have known 
22            that the murdered individual was a physician, 
23            physician assistant, psychologist, nurse, or 
24            advanced practice registered nurse; and 
25                (iii) the murdered individual was killed in 
26            the course of acting in his or her capacity as a 
 
 
SB2867- 38 -LRB104 17338 RLC 30762 b

1            physician, physician assistant, psychologist, 
2            nurse, or advanced practice registered nurse, or 
3            to prevent him or her from acting in that 
4            capacity, or in retaliation for his or her acting 
5            in that capacity. 
6            (c) the court shall sentence the defendant to a 
7        term of natural life imprisonment if the defendant, at 
8        the time of the commission of the murder, had attained 
9        the age of 18, and: 
10                (i) has previously been convicted of first 
11            degree murder under any state or federal law, or
12                (ii) is found guilty of murdering more than 
13            one victim, or
14                (iii) is found guilty of murdering a peace 
15            officer, fireman, or emergency management worker 
16            when the peace officer, fireman, or emergency 
17            management worker was killed in the course of 
18            performing his official duties, or to prevent the 
19            peace officer or fireman from performing his 
20            official duties, or in retaliation for the peace 
21            officer, fireman, or emergency management worker 
22            from performing his official duties, and the 
23            defendant knew or should have known that the 
24            murdered individual was a peace officer, fireman, 
25            or emergency management worker, or
26                (iv) is found guilty of murdering an employee 
 
 
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1            of an institution or facility of the Department of 
2            Corrections, or any similar local correctional 
3            agency, when the employee was killed in the course 
4            of performing his official duties, or to prevent 
5            the employee from performing his official duties, 
6            or in retaliation for the employee performing his 
7            official duties, or
8                (v) is found guilty of murdering an emergency 
9            medical technician - ambulance, emergency medical 
10            technician - intermediate, emergency medical 
11            technician - paramedic, ambulance driver, or other 
12            medical assistance or first aid person while 
13            employed by a municipality or other governmental 
14            unit when the person was killed in the course of 
15            performing official duties or to prevent the 
16            person from performing official duties or in 
17            retaliation for performing official duties and the 
18            defendant knew or should have known that the 
19            murdered individual was an emergency medical 
20            technician - ambulance, emergency medical 
21            technician - intermediate, emergency medical 
22            technician - paramedic, ambulance driver, or other 
23            medical assistant or first aid personnel, or
24                (vi) (blank), or
25                (vii) is found guilty of first degree murder 
26            and the murder was committed by reason of any 
 
 
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1            person's activity as a community policing 
2            volunteer or to prevent any person from engaging 
3            in activity as a community policing volunteer. For 
4            the purpose of this Section, "community policing 
5            volunteer" has the meaning ascribed to it in 
6            Section 2-3.5 of the Criminal Code of 2012.
7            For purposes of clause (v), "emergency medical 
8        technician - ambulance", "emergency medical technician -
9         intermediate", and "emergency medical technician - 
10        paramedic" have the meanings ascribed to them in the 
11        Emergency Medical Services (EMS) Systems Act.
12            (d)(i) if the person committed the offense while 
13            personally armed with a firearm, 15 years shall be 
14            added to the term of imprisonment imposed by the 
15            court;
16            (ii) if, during the commission of the offense, the 
17        person personally discharged a firearm, 20 years shall 
18        be added to the term of imprisonment imposed by the 
19        court;
20            (iii) if, during the commission of the offense, 
21        the person personally discharged a firearm that 
22        proximately caused great bodily harm, permanent 
23        disability, permanent disfigurement, or death to 
24        another person, 25 years or up to a term of natural 
25        life shall be added to the term of imprisonment 
26        imposed by the court.
 
 
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1        (2) (blank);
2        (2.5) for a person who has attained the age of 18 years 
3    at the time of the commission of the offense and who is 
4    convicted under the circumstances described in subdivision 
5    (b)(1)(B) of Section 11-1.20 or paragraph (3) of 
6    subsection (b) of Section 12-13, subdivision (d)(2) of 
7    Section 11-1.30 or paragraph (2) of subsection (d) of 
8    Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or 
9    paragraph (1.2) of subsection (b) of Section 12-14.1, 
10    subdivision (b)(2) of Section 11-1.40 or paragraph (2) of 
11    subsection (b) of Section 12-14.1 of the Criminal Code of 
12    1961 or the Criminal Code of 2012, the sentence shall be a 
13    term of natural life imprisonment.
14    (b) (Blank).
15    (c) (Blank).
16    (d) Subject to earlier termination under Section 3-3-8, 
17the parole or mandatory supervised release term shall be 
18written as part of the sentencing order and shall be as 
19follows:
20        (1) for first degree murder or for the offenses of 
21    predatory criminal sexual assault of a child, aggravated 
22    criminal sexual assault, and criminal sexual assault if 
23    committed on or before December 12, 2005, 3 years;
24        (1.5) except as provided in paragraph (7) of this 
25    subsection (d), for a Class X felony except for the 
26    offenses of predatory criminal sexual assault of a child, 
 
 
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1    aggravated criminal sexual assault, and criminal sexual 
2    assault if committed on or after December 13, 2005 (the 
3    effective date of Public Act 94-715) and except for the 
4    offense of aggravated child pornography under Section 
5    11-20.1B, 11-20.3, or 11-20.1 with sentencing under 
6    subsection (c-5) of Section 11-20.1 of the Criminal Code 
7    of 1961 or the Criminal Code of 2012, if committed on or 
8    after January 1, 2009, and except for the offense of 
9    obscene depiction of a purported child with sentencing 
10    under subsection (d) of Section 11-20.4 of the Criminal 
11    Code of 2012, 18 months; 
12        (2) except as provided in paragraph (7) of this 
13    subsection (d), for a Class 1 felony or a Class 2 felony 
14    except for the offense of criminal sexual assault if 
15    committed on or after December 13, 2005 (the effective 
16    date of Public Act 94-715) and except for the offenses of 
17    manufacture and dissemination of child sexual abuse 
18    material under clauses (a)(1) and (a)(2) of Section 
19    11-20.1 of the Criminal Code of 1961 or the Criminal Code 
20    of 2012, if committed on or after January 1, 2009, and 
21    except for the offense of obscene depiction of a purported 
22    child under paragraph (2) of subsection (b) of Section 
23    11-20.4 of the Criminal Code of 2012, 12 months;
24        (3) except as provided in paragraph (4), (6), or (7) 
25    of this subsection (d), for a Class 3 felony or a Class 4 
26    felony, 6 months; no later than 45 days after the onset of 
 
 
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1    the term of mandatory supervised release, the Prisoner 
2    Review Board shall conduct a discretionary discharge 
3    review pursuant to the provisions of Section 3-3-8, which 
4    shall include the results of a standardized risk and needs 
5    assessment tool administered by the Department of 
6    Corrections; the changes to this paragraph (3) made by 
7    Public Act 102-1104 apply to all individuals released on 
8    mandatory supervised release on or after December 6, 2022 
9    (the effective date of Public Act 102-1104), including 
10    those individuals whose sentences were imposed prior to 
11    December 6, 2022 (the effective date of Public Act 
12    102-1104);
13        (4) for defendants who commit the offense of predatory 
14    criminal sexual assault of a child, aggravated criminal 
15    sexual assault, or criminal sexual assault, on or after 
16    December 13, 2005 (the effective date of Public Act 
17    94-715), or who commit the offense of aggravated child 
18    pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
19    with sentencing under subsection (c-5) of Section 11-20.1 
20    of the Criminal Code of 1961 or the Criminal Code of 2012, 
21    manufacture of child sexual abuse material, or 
22    dissemination of child sexual abuse material after January 
23    1, 2009, or who commit the offense of obscene depiction of 
24    a purported child under paragraph (2) of subsection (b) of 
25    Section 11-20.4 of the Criminal Code of 2012 or who commit 
26    the offense of obscene depiction of a purported child with 
 
 
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1    sentencing under subsection (d) of Section 11-20.4 of the 
2    Criminal Code of 2012, the term of mandatory supervised 
3    release shall range from a minimum of 3 years to a maximum 
4    of the natural life of the defendant;
5        (5) if the victim is under 18 years of age, for a 
6    second or subsequent offense of aggravated criminal sexual 
7    abuse or felony criminal sexual abuse, 4 years, at least 
8    the first 2 years of which the defendant shall serve in an 
9    electronic monitoring or home detention program under 
10    Article 8A of Chapter V of this Code;
11        (6) for a felony domestic battery, aggravated domestic 
12    battery, stalking, aggravated stalking, and a felony 
13    violation of an order of protection, 4 years; 
14        (7) for any felony described in paragraph (a)(2)(ii), 
15    (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), 
16    (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section 
17    3-6-3 of the Unified Code of Corrections requiring an 
18    inmate to serve a minimum of 85% of their court-imposed 
19    sentence, except for the offenses of predatory criminal 
20    sexual assault of a child, aggravated criminal sexual 
21    assault, and criminal sexual assault if committed on or 
22    after December 13, 2005 (the effective date of Public Act 
23    94-715) and except for the offense of aggravated child 
24    pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
25    with sentencing under subsection (c-5) of Section 11-20.1 
26    of the Criminal Code of 1961 or the Criminal Code of 2012, 
 
 
SB2867- 45 -LRB104 17338 RLC 30762 b

1    if committed on or after January 1, 2009, and except for 
2    the offense of obscene depiction of a purported child with 
3    sentencing under subsection (d) of Section 11-20.4 of the 
4    Criminal Code of 2012, and except as provided in paragraph 
5    (4) or paragraph (6) of this subsection (d), the term of 
6    mandatory supervised release shall be as follows:
7            (A) Class X felony, 3 years;
8            (B) Class 1 or Class 2 felonies, 2 years;
9            (C) Class 3 or Class 4 felonies, 1 year. 
10    (e) (Blank).
11    (f) (Blank).
12    (g) Notwithstanding any other provisions of this Act and 
13of Public Act 101-652: (i) the provisions of paragraph (3) of 
14subsection (d) are effective on July 1, 2022 and shall apply to 
15all individuals convicted on or after the effective date of 
16paragraph (3) of subsection (d); and (ii) the provisions of 
17paragraphs (1.5) and (2) of subsection (d) are effective on 
18July 1, 2021 and shall apply to all individuals convicted on or 
19after the effective date of paragraphs (1.5) and (2) of 
20subsection (d).
21(Source: P.A. 103-51, eff. 1-1-24; 103-825, eff. 1-1-25; 
22104-245, eff. 1-1-26; 104-417, eff. 8-15-25.)
 
23    Section 95. No acceleration or delay. Where this Act makes 
24changes in a statute that is represented in this Act by text 
25that is not yet or no longer in effect (for example, a Section 
 
 
SB2867- 46 -LRB104 17338 RLC 30762 b

1represented by multiple versions), the use of that text does 
2not accelerate or delay the taking effect of (i) the changes 
3made by this Act or (ii) provisions derived from any other 
4Public Act.