Public Act 099-0875
 
HB5771 EnrolledLRB099 16804 RLC 41151 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Unified Code of Corrections is amended  by 
changing Sections 5-4.5-105 and 5-8-1 as follows:
 
    (730 ILCS 5/5-4.5-105)
    Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF 
18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
    (a) On or after the effective date of this amendatory Act 
of the 99th General Assembly, when a person commits an offense 
and the person is under 18 years of age at the time of the 
commission of the offense, the court, at the sentencing hearing 
conducted under Section 5-4-1, shall consider the following 
additional factors in mitigation in determining the 
appropriate sentence:
        (1) the person's age, impetuosity, and level of 
    maturity at the time of the offense, including the ability 
    to consider risks and consequences of behavior, and the 
    presence of cognitive or developmental disability, or 
    both, if any;
        (2) whether the person was subjected to outside 
    pressure, including peer pressure, familial pressure, or 
    negative influences;
        (3) the person's family, home environment, educational 
    and social background, including any history of parental 
    neglect, physical abuse, or other childhood trauma;
        (4) the person's potential for rehabilitation or 
    evidence of rehabilitation, or both;
        (5) the circumstances of the offense;
        (6) the person's degree of participation and specific 
    role in the offense, including the level of planning by the 
    defendant before the offense;
        (7) whether the person was able to meaningfully 
    participate in his or her defense;
        (8) the person's prior juvenile or criminal history; 
    and
        (9) any other information the court finds relevant and 
    reliable, including an expression of remorse, if 
    appropriate. However, if the person, on advice of counsel 
    chooses not to make a statement, the court shall not 
    consider a lack of an expression of remorse as an 
    aggravating factor.
    (b) Except as provided in subsection (c), the court may 
sentence the defendant to any disposition authorized for the 
class of the offense of which he or she was found guilty as 
described in Article 4.5 of this Code, and may, in its 
discretion, decline to impose any otherwise applicable 
sentencing enhancement based upon firearm possession, 
possession with personal discharge, or possession with 
personal discharge that proximately causes great bodily harm, 
permanent disability, permanent disfigurement, or death to 
another person.
    (c) Notwithstanding any other provision of law, if the 
defendant is convicted of first degree murder and would 
otherwise be subject to sentencing under clause (iii), (iv), 
(v), or (vii) of subparagraph (c) of paragraph (1) of  
subsection (a) (c) of Section 5-8-1 of this Code based on the 
category of persons identified therein, the court shall impose 
a sentence of not less than 40 years of imprisonment. In 
addition, the court may, in its discretion, decline to impose 
the sentencing enhancements based upon the possession or use of 
a firearm during the commission of the offense included in 
subsection (d) of Section 5-8-1. 

(Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16.)
 


    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)




    Sec. 5-8-1. Natural life imprisonment; enhancements for 
use of a firearm; mandatory supervised release terms. 

    (a) Except as otherwise provided in the statute defining 
the offense or in Article 4.5 of Chapter V, a
sentence of 
imprisonment for a felony shall be a determinate sentence set 
by
the court under this Section, according to the following 
limitations:

        (1) for first degree murder,

            (a) (blank),

            (b) if a trier of fact finds beyond a reasonable

        doubt that the murder was accompanied by exceptionally

        brutal or heinous behavior indicative of wanton 
        cruelty or, except as set forth
in subsection (a)(1)(c) 
        of this Section, that any of the aggravating factors

        listed in subsection (b) or (b-5) of Section 9-1 of the 
        Criminal Code of 1961 or the Criminal Code of 2012 are

        present, the court may sentence the defendant, subject         
        to Section 5-4.5-105, to a term of natural life

        imprisonment, or

            (c) the court shall sentence the defendant to a 
        term of natural life
imprisonment if the defendant, at 
        the time of the commission of the murder, had attained 
        the age of 18, and 

                (i) has previously been convicted of first 
            degree murder under
any state or federal law, or

                (ii) is found guilty of murdering more
than one 
            victim, or

                (iii) is found guilty of murdering a peace 
            officer, fireman, or emergency management worker 
            when
the peace officer, fireman, or emergency 
            management worker was killed in the course of 
            performing his
official duties, or to prevent the 
            peace officer or fireman from
performing his 
            official duties, or in retaliation for the peace 
            officer,
fireman, or emergency management worker 
            from performing his official duties, and the 
            defendant knew or should
have known that the 
            murdered individual was a peace officer, fireman, 
            or emergency management worker, or

                (iv) is found guilty of murdering an employee 
            of an institution or
facility of the Department of 
            Corrections, or any similar local
correctional 
            agency, when the employee was killed in the course 
            of
performing his official duties, or to prevent 
            the employee from performing
his official duties, 
            or in retaliation for the employee performing his

            official duties, or

                (v) is found guilty of murdering an emergency 
            medical
technician - ambulance, emergency medical 
            technician - intermediate, emergency
medical 
            technician - paramedic, ambulance driver or other 
            medical assistance or
first aid person while 
            employed by a municipality or other governmental 
            unit
when the person was killed in the course of 
            performing official duties or
to prevent the 
            person from performing official duties or in 
            retaliation
for performing official duties and the 
            defendant knew or should have known
that the 
            murdered individual was an emergency medical 
            technician - ambulance,
emergency medical 
            technician - intermediate, emergency medical

            technician - paramedic, ambulance driver, or other 
            medical
assistant or first aid personnel, or

                (vi) (blank), or

                (vii) is found guilty of first degree murder 
            and the murder was
committed by reason of any 
            person's activity as a community policing 
            volunteer
or to prevent any person from engaging in 
            activity as a community policing
volunteer.  For 
            the purpose of this Section, "community policing 
            volunteer"
has the meaning ascribed to it in 
            Section 2-3.5 of the Criminal Code of 2012.

            For purposes of clause (v), "emergency medical 
        technician - ambulance",
"emergency medical technician -
         intermediate", "emergency medical technician -

        paramedic", have the meanings ascribed to them in the 
        Emergency Medical
Services (EMS) Systems Act.

            (d) (i) if the person committed the offense while 
            armed with a
firearm, 15 years shall be added to 
            the term of imprisonment imposed by the
court;

                (ii) if, during the commission of the offense, 
            the person
personally discharged a firearm, 20 
            years shall be added to the term of
imprisonment 
            imposed by the court;

                (iii) if, during the commission of the 
            offense, the person
personally discharged a 
            firearm that proximately caused great bodily harm,

            permanent disability, permanent disfigurement, or 
            death to another person, 25
years or up to a term 
            of natural life shall be added to the term of

            imprisonment imposed by the court.


        (2) (blank);

        (2.5) for a person who has attained the age of 18 years

    at the time of the commission of the offense and
who is 
    convicted under the circumstances described in subdivision 
    (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection 
    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 
    or paragraph (2) of subsection
(d) of Section 12-14, 
    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) 
    of subsection (b) of
Section 12-14.1, subdivision (b)(2) of 
    Section 11-1.40 or paragraph (2) of subsection (b) of 
    Section 12-14.1
of the Criminal Code of 1961 or the 
    Criminal Code of 2012, the sentence shall be a term of 
    natural life
imprisonment.






    (b) (Blank).

    (c) (Blank).




    (d)  Subject to
earlier termination under Section 3-3-8, the 
parole or mandatory
supervised release term shall be written as 
part of the sentencing order and shall be as follows:

        (1) for first degree murder or a Class X felony except 
    for the offenses of predatory criminal sexual assault of a 
    child, aggravated criminal sexual assault, and criminal 
    sexual assault if committed on or after the effective date 
    of this amendatory Act of the 94th General Assembly and 
    except for the offense of aggravated child pornography 
    under Section 11-20.1B, 11-20.3, or 11-20.1 with 
    sentencing under subsection (c-5) of Section 11-20.1 of the 
    Criminal Code of 1961 or the Criminal Code of 2012, if 
    committed on or after January 1, 2009, 3 years;

        (2) for a Class 1 felony or a Class 2 felony except for 
    the offense of criminal sexual assault if committed on or 
    after the effective date of this amendatory Act of the 94th 
    General Assembly and except for the offenses of manufacture 
    and dissemination of child pornography  under clauses 
    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
    of 1961 or the Criminal Code of 2012, if committed on or 
    after January 1, 2009, 2 years;

        (3) for a Class 3 felony or a Class 4 felony, 1 year;

        (4) for defendants who commit the offense of predatory 
    criminal sexual assault of a child, aggravated criminal 
    sexual assault, or criminal sexual assault, on or after the 
    effective date of this amendatory Act of the 94th General 
    Assembly, or who commit the offense of aggravated child 
    pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
    with sentencing under subsection (c-5) of Section 11-20.1 
    of the Criminal Code of 1961 or the Criminal Code of 2012, 
    manufacture of child pornography, or dissemination of 
    child pornography after January 1, 2009, the term of 
    mandatory supervised release shall range from a minimum of 
    3 years to a maximum of the natural life of the defendant;

        (5) if the victim is under 18 years of age, for a 
    second or subsequent
offense of aggravated criminal sexual 
    abuse or felony criminal sexual abuse,
4 years, at least 
    the first 2 years of which the defendant shall serve in an

    electronic home detention program under Article 8A of 
    Chapter V of this Code;

        (6)  for a felony domestic battery, aggravated domestic 
    battery, stalking, aggravated stalking, and a felony 
    violation of an order of protection, 4 years. 
    (e) (Blank).

    (f) (Blank).


(Source: P.A. 99-69, eff. 1-1-16.)