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91_HB1511sam001
LRB9104882WHcsam
1 AMENDMENT TO HOUSE BILL 1511
2 AMENDMENT NO. . Amend House Bill 1511 by replacing
3 the title with the following:
4 "AN ACT in relation to criminal sentencing."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Code of Criminal Procedure of 1963 is
8 amended by changing Section 111-3 as follows:
9 (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
10 Sec. 111-3. Form of charge. (a) A charge shall be in
11 writing and allege the commission of an offense by:
12 (1) Stating the name of the offense;
13 (2) Citing the statutory provision alleged to have been
14 violated;
15 (3) Setting forth the nature and elements of the offense
16 charged;
17 (4) Stating the date and county of the offense as
18 definitely as can be done; and
19 (5) Stating the name of the accused, if known, and if
20 not known, designate the accused by any name or description
21 by which he can be identified with reasonable certainty.
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1 (b) An indictment shall be signed by the foreman of the
2 Grand Jury and an information shall be signed by the State's
3 Attorney and sworn to by him or another. A complaint shall be
4 sworn to and signed by the complainant; Provided, however,
5 that when a citation is issued on a Uniform Traffic Ticket or
6 Uniform Conservation Ticket (in a form prescribed by the
7 Conference of Chief Circuit Judges and filed with the Supreme
8 Court), the copy of such Uniform Ticket which is filed with
9 the circuit court constitutes a complaint to which the
10 defendant may plead, unless he specifically requests that a
11 verified complaint be filed.
12 (c) When the State seeks an enhanced sentence because of
13 a prior conviction, the charge shall also state the intention
14 to seek an enhanced sentence and shall state such prior
15 conviction so as to give notice to the defendant. However,
16 the fact of such prior conviction and the State's intention
17 to seek an enhanced sentence are not elements of the offense
18 and may not be disclosed to the jury during trial unless
19 otherwise permitted by issues properly raised during such
20 trial. For the purposes of this Section, "enhanced sentence"
21 means a sentence which is increased by a prior conviction
22 from one classification of offense to another higher level
23 classification of offense set forth in Section 5-5-1 of the
24 "Unified Code of Corrections", approved July 26, 1972, as
25 amended; it does not include an increase in the sentence
26 applied within the same level of classification of offense.
27 (c-5) Notwithstanding any other provision of law, in all
28 cases in which the imposition of the death penalty is not a
29 possibility, if an alleged fact (other than the fact of a
30 prior conviction) is not an element of an offense but is
31 sought to be used to increase the range of penalties for the
32 offense beyond the statutory maximum that could otherwise be
33 imposed for the offense, the alleged fact must be included in
34 the charging instrument or otherwise provided to the
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1 defendant through a written notification before trial,
2 submitted to a trier of fact as an aggravating factor, and
3 proved beyond a reasonable doubt. Failure to prove the fact
4 beyond a reasonable doubt is not a bar to a conviction for
5 commission of the offense, but is a bar to increasing, based
6 on that fact, the range of penalties for the offense beyond
7 the statutory maximum that could otherwise be imposed for
8 that offense. Nothing in this subsection (c-5) requires the
9 imposition of a sentence that increases the range of
10 penalties for the offense beyond the statutory maximum that
11 could otherwise be imposed for the offense if the imposition
12 of that sentence is not required by law.
13 (d) At any time prior to trial, the State on motion
14 shall be permitted to amend the charge, whether brought by
15 indictment, information or complaint, to make the charge
16 comply with subsection (c) or (c-5) of this Section. Nothing
17 in Section 103-5 of this Code precludes such an amendment.
18 (e) The provisions of Article 33B of the Criminal Code
19 of 1961, as amended, shall not be affected by this Section.
20 (Source: P.A. 86-964.)
21 Section 10. The Unified Code of Corrections is amended
22 by changing Sections 5-5-3, 5-5-4, 5-8-1, and 5-8-2 as
23 follows:
24 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
25 Sec. 5-5-3. Disposition.
26 (a) Every person convicted of an offense shall be
27 sentenced as provided in this Section.
28 (b) The following options shall be appropriate
29 dispositions, alone or in combination, for all felonies and
30 misdemeanors other than those identified in subsection (c) of
31 this Section:
32 (1) A period of probation.
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1 (2) A term of periodic imprisonment.
2 (3) A term of conditional discharge.
3 (4) A term of imprisonment.
4 (5) An order directing the offender to clean up and
5 repair the damage, if the offender was convicted under
6 paragraph (h) of Section 21-1 of the Criminal Code of
7 1961.
8 (6) A fine.
9 (7) An order directing the offender to make
10 restitution to the victim under Section 5-5-6 of this
11 Code.
12 (8) A sentence of participation in a county impact
13 incarceration program under Section 5-8-1.2 of this Code.
14 Whenever an individual is sentenced for an offense based
15 upon an arrest for a violation of Section 11-501 of the
16 Illinois Vehicle Code, or a similar provision of a local
17 ordinance, and the professional evaluation recommends
18 remedial or rehabilitative treatment or education, neither
19 the treatment nor the education shall be the sole disposition
20 and either or both may be imposed only in conjunction with
21 another disposition. The court shall monitor compliance with
22 any remedial education or treatment recommendations contained
23 in the professional evaluation. Programs conducting alcohol
24 or other drug evaluation or remedial education must be
25 licensed by the Department of Human Services. However, if
26 the individual is not a resident of Illinois, the court may
27 accept an alcohol or other drug evaluation or remedial
28 education program in the state of such individual's
29 residence. Programs providing treatment must be licensed
30 under existing applicable alcoholism and drug treatment
31 licensure standards.
32 In addition to any other fine or penalty required by law,
33 any individual convicted of a violation of Section 11-501 of
34 the Illinois Vehicle Code or a similar provision of local
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1 ordinance, whose operation of a motor vehicle while in
2 violation of Section 11-501 or such ordinance proximately
3 caused an incident resulting in an appropriate emergency
4 response, shall be required to make restitution to a public
5 agency for the costs of that emergency response. Such
6 restitution shall not exceed $500 per public agency for each
7 such emergency response. For the purpose of this paragraph,
8 emergency response shall mean any incident requiring a
9 response by: a police officer as defined under Section 1-162
10 of the Illinois Vehicle Code; a fireman carried on the rolls
11 of a regularly constituted fire department; and an ambulance
12 as defined under Section 4.05 of the Emergency Medical
13 Services (EMS) Systems Act.
14 Neither a fine nor restitution shall be the sole
15 disposition for a felony and either or both may be imposed
16 only in conjunction with another disposition.
17 (c) (1) When a defendant is found guilty of first degree
18 murder the State may either seek a sentence of
19 imprisonment under Section 5-8-1 of this Code, or where
20 appropriate seek a sentence of death under Section 9-1 of
21 the Criminal Code of 1961.
22 (2) A period of probation, a term of periodic
23 imprisonment or conditional discharge shall not be
24 imposed for the following offenses. The court shall
25 sentence the offender to not less than the minimum term
26 of imprisonment set forth in this Code for the following
27 offenses, and may order a fine or restitution or both in
28 conjunction with such term of imprisonment:
29 (A) First degree murder where the death
30 penalty is not imposed.
31 (B) Attempted first degree murder.
32 (C) A Class X felony.
33 (D) A violation of Section 401.1 or 407 of the
34 Illinois Controlled Substances Act, or a violation
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1 of subdivision (c)(2) of Section 401 of that Act
2 which relates to more than 5 grams of a substance
3 containing cocaine or an analog thereof.
4 (E) A violation of Section 5.1 or 9 of the
5 Cannabis Control Act.
6 (F) A Class 2 or greater felony if the
7 offender had been convicted of a Class 2 or greater
8 felony within 10 years of the date on which the
9 offender committed the offense for which he or she
10 is being sentenced, except as otherwise provided in
11 Section 40-10 of the Alcoholism and Other Drug Abuse
12 and Dependency Act.
13 (G) Residential burglary, except as otherwise
14 provided in Section 40-10 of the Alcoholism and
15 Other Drug Abuse and Dependency Act.
16 (H) Criminal sexual assault, except as
17 otherwise provided in subsection (e) of this
18 Section.
19 (I) Aggravated battery of a senior citizen.
20 (J) A forcible felony if the offense was
21 related to the activities of an organized gang.
22 Before July 1, 1994, for the purposes of this
23 paragraph, "organized gang" means an association of
24 5 or more persons, with an established hierarchy,
25 that encourages members of the association to
26 perpetrate crimes or provides support to the members
27 of the association who do commit crimes.
28 Beginning July 1, 1994, for the purposes of
29 this paragraph, "organized gang" has the meaning
30 ascribed to it in Section 10 of the Illinois
31 Streetgang Terrorism Omnibus Prevention Act.
32 (K) Vehicular hijacking.
33 (L) A second or subsequent conviction for the
34 offense of hate crime when the underlying offense
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1 upon which the hate crime is based is felony
2 aggravated assault or felony mob action.
3 (M) A second or subsequent conviction for the
4 offense of institutional vandalism if the damage to
5 the property exceeds $300.
6 (N) A Class 3 felony violation of paragraph
7 (1) of subsection (a) of Section 2 of the Firearm
8 Owners Identification Card Act.
9 (O) A violation of Section 12-6.1 of the
10 Criminal Code of 1961.
11 (P) A violation of paragraph (1), (2), (3),
12 (4), (5), or (7) of subsection (a) of Section
13 11-20.1 of the Criminal Code of 1961.
14 (Q) A violation of Section 20-1.2 of the
15 Criminal Code of 1961.
16 (R) A violation of Section 24-3A of the
17 Criminal Code of 1961.
18 (3) A minimum term of imprisonment of not less than
19 48 consecutive hours or 100 hours of community service as
20 may be determined by the court shall be imposed for a
21 second or subsequent violation committed within 5 years
22 of a previous violation of Section 11-501 of the Illinois
23 Vehicle Code or a similar provision of a local ordinance.
24 (4) A minimum term of imprisonment of not less than
25 7 consecutive days or 30 days of community service shall
26 be imposed for a violation of paragraph (c) of Section
27 6-303 of the Illinois Vehicle Code.
28 (4.1) A minimum term of 30 consecutive days of
29 imprisonment, 40 days of 24 hour periodic imprisonment or
30 720 hours of community service, as may be determined by
31 the court, shall be imposed for a violation of Section
32 11-501 of the Illinois Vehicle Code during a period in
33 which the defendant's driving privileges are revoked or
34 suspended, where the revocation or suspension was for a
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1 violation of Section 11-501 or Section 11-501.1 of that
2 Code.
3 (5) The court may sentence an offender convicted of
4 a business offense or a petty offense or a corporation or
5 unincorporated association convicted of any offense to:
6 (A) a period of conditional discharge;
7 (B) a fine;
8 (C) make restitution to the victim under
9 Section 5-5-6 of this Code.
10 (6) In no case shall an offender be eligible for a
11 disposition of probation or conditional discharge for a
12 Class 1 felony committed while he was serving a term of
13 probation or conditional discharge for a felony.
14 (7) When a defendant is adjudged a habitual
15 criminal under Article 33B of the Criminal Code of 1961,
16 the court shall sentence the defendant to a term of
17 natural life imprisonment.
18 (8) When a defendant, over the age of 21 years, is
19 convicted of a Class 1 or Class 2 felony, after having
20 twice been convicted of any Class 2 or greater Class
21 felonies in Illinois, and such charges are separately
22 brought and tried and arise out of different series of
23 acts, such defendant shall be sentenced as a Class X
24 offender. This paragraph shall not apply unless (1) the
25 first felony was committed after the effective date of
26 this amendatory Act of 1977; and (2) the second felony
27 was committed after conviction on the first; and (3) the
28 third felony was committed after conviction on the
29 second.
30 (9) A defendant convicted of a second or subsequent
31 offense of ritualized abuse of a child may be sentenced
32 to a term of natural life imprisonment.
33 (d) In any case in which a sentence originally imposed
34 is vacated, the case shall be remanded to the trial court.
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1 The trial court shall hold a hearing under Section 5-4-1 of
2 the Unified Code of Corrections which may include evidence of
3 the defendant's life, moral character and occupation during
4 the time since the original sentence was passed. The trial
5 court shall then impose sentence upon the defendant. The
6 trial court may impose any sentence which could have been
7 imposed at the original trial subject to Section 5-5-4 of the
8 Unified Code of Corrections. If a sentence is vacated on
9 appeal or on collateral attack due to the failure of the
10 trier of fact at trial to determine beyond a reasonable doubt
11 the existence of a fact (other than a prior conviction)
12 necessary to increase the punishment for the offense beyond
13 the statutory maximum otherwise applicable, either the
14 defendant may be re-sentenced to a term within the range
15 otherwise provided or, if the State files notice of its
16 intention to again seek the extended sentence, the defendant
17 shall be afforded a new trial.
18 (e) In cases where prosecution for criminal sexual
19 assault or aggravated criminal sexual abuse under Section
20 12-13 or 12-16 of the Criminal Code of 1961 results in
21 conviction of a defendant who was a family member of the
22 victim at the time of the commission of the offense, the
23 court shall consider the safety and welfare of the victim and
24 may impose a sentence of probation only where:
25 (1) the court finds (A) or (B) or both are
26 appropriate:
27 (A) the defendant is willing to undergo a
28 court approved counseling program for a minimum
29 duration of 2 years; or
30 (B) the defendant is willing to participate in
31 a court approved plan including but not limited to
32 the defendant's:
33 (i) removal from the household;
34 (ii) restricted contact with the victim;
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1 (iii) continued financial support of the
2 family;
3 (iv) restitution for harm done to the
4 victim; and
5 (v) compliance with any other measures
6 that the court may deem appropriate; and
7 (2) the court orders the defendant to pay for the
8 victim's counseling services, to the extent that the
9 court finds, after considering the defendant's income and
10 assets, that the defendant is financially capable of
11 paying for such services, if the victim was under 18
12 years of age at the time the offense was committed and
13 requires counseling as a result of the offense.
14 Probation may be revoked or modified pursuant to Section
15 5-6-4; except where the court determines at the hearing that
16 the defendant violated a condition of his or her probation
17 restricting contact with the victim or other family members
18 or commits another offense with the victim or other family
19 members, the court shall revoke the defendant's probation and
20 impose a term of imprisonment.
21 For the purposes of this Section, "family member" and
22 "victim" shall have the meanings ascribed to them in Section
23 12-12 of the Criminal Code of 1961.
24 (f) This Article shall not deprive a court in other
25 proceedings to order a forfeiture of property, to suspend or
26 cancel a license, to remove a person from office, or to
27 impose any other civil penalty.
28 (g) Whenever a defendant is convicted of an offense
29 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
30 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
31 12-15 or 12-16 of the Criminal Code of 1961, the defendant
32 shall undergo medical testing to determine whether the
33 defendant has any sexually transmissible disease, including a
34 test for infection with human immunodeficiency virus (HIV) or
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1 any other identified causative agent of acquired
2 immunodeficiency syndrome (AIDS). Any such medical test
3 shall be performed only by appropriately licensed medical
4 practitioners and may include an analysis of any bodily
5 fluids as well as an examination of the defendant's person.
6 Except as otherwise provided by law, the results of such test
7 shall be kept strictly confidential by all medical personnel
8 involved in the testing and must be personally delivered in a
9 sealed envelope to the judge of the court in which the
10 conviction was entered for the judge's inspection in camera.
11 Acting in accordance with the best interests of the victim
12 and the public, the judge shall have the discretion to
13 determine to whom, if anyone, the results of the testing may
14 be revealed. The court shall notify the defendant of the test
15 results. The court shall also notify the victim if requested
16 by the victim, and if the victim is under the age of 15 and
17 if requested by the victim's parents or legal guardian, the
18 court shall notify the victim's parents or legal guardian of
19 the test results. The court shall provide information on the
20 availability of HIV testing and counseling at Department of
21 Public Health facilities to all parties to whom the results
22 of the testing are revealed and shall direct the State's
23 Attorney to provide the information to the victim when
24 possible. A State's Attorney may petition the court to obtain
25 the results of any HIV test administered under this Section,
26 and the court shall grant the disclosure if the State's
27 Attorney shows it is relevant in order to prosecute a charge
28 of criminal transmission of HIV under Section 12-16.2 of the
29 Criminal Code of 1961 against the defendant. The court shall
30 order that the cost of any such test shall be paid by the
31 county and may be taxed as costs against the convicted
32 defendant.
33 (g-5) When an inmate is tested for an airborne
34 communicable disease, as determined by the Illinois
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1 Department of Public Health including but not limited to
2 tuberculosis, the results of the test shall be personally
3 delivered by the warden or his or her designee in a sealed
4 envelope to the judge of the court in which the inmate must
5 appear for the judge's inspection in camera if requested by
6 the judge. Acting in accordance with the best interests of
7 those in the courtroom, the judge shall have the discretion
8 to determine what if any precautions need to be taken to
9 prevent transmission of the disease in the courtroom.
10 (h) Whenever a defendant is convicted of an offense
11 under Section 1 or 2 of the Hypodermic Syringes and Needles
12 Act, the defendant shall undergo medical testing to determine
13 whether the defendant has been exposed to human
14 immunodeficiency virus (HIV) or any other identified
15 causative agent of acquired immunodeficiency syndrome (AIDS).
16 Except as otherwise provided by law, the results of such test
17 shall be kept strictly confidential by all medical personnel
18 involved in the testing and must be personally delivered in a
19 sealed envelope to the judge of the court in which the
20 conviction was entered for the judge's inspection in camera.
21 Acting in accordance with the best interests of the public,
22 the judge shall have the discretion to determine to whom, if
23 anyone, the results of the testing may be revealed. The court
24 shall notify the defendant of a positive test showing an
25 infection with the human immunodeficiency virus (HIV). The
26 court shall provide information on the availability of HIV
27 testing and counseling at Department of Public Health
28 facilities to all parties to whom the results of the testing
29 are revealed and shall direct the State's Attorney to provide
30 the information to the victim when possible. A State's
31 Attorney may petition the court to obtain the results of any
32 HIV test administered under this Section, and the court
33 shall grant the disclosure if the State's Attorney shows it
34 is relevant in order to prosecute a charge of criminal
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1 transmission of HIV under Section 12-16.2 of the Criminal
2 Code of 1961 against the defendant. The court shall order
3 that the cost of any such test shall be paid by the county
4 and may be taxed as costs against the convicted defendant.
5 (i) All fines and penalties imposed under this Section
6 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
7 Vehicle Code, or a similar provision of a local ordinance,
8 and any violation of the Child Passenger Protection Act, or a
9 similar provision of a local ordinance, shall be collected
10 and disbursed by the circuit clerk as provided under Section
11 27.5 of the Clerks of Courts Act.
12 (j) In cases when prosecution for any violation of
13 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
14 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
15 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
16 12-16 of the Criminal Code of 1961, any violation of the
17 Illinois Controlled Substances Act, or any violation of the
18 Cannabis Control Act results in conviction, a disposition of
19 court supervision, or an order of probation granted under
20 Section 10 of the Cannabis Control Act or Section 410 of the
21 Illinois Controlled Substance Act of a defendant, the court
22 shall determine whether the defendant is employed by a
23 facility or center as defined under the Child Care Act of
24 1969, a public or private elementary or secondary school, or
25 otherwise works with children under 18 years of age on a
26 daily basis. When a defendant is so employed, the court
27 shall order the Clerk of the Court to send a copy of the
28 judgment of conviction or order of supervision or probation
29 to the defendant's employer by certified mail. If the
30 employer of the defendant is a school, the Clerk of the Court
31 shall direct the mailing of a copy of the judgment of
32 conviction or order of supervision or probation to the
33 appropriate regional superintendent of schools. The regional
34 superintendent of schools shall notify the State Board of
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1 Education of any notification under this subsection.
2 (j-5) A defendant at least 17 years of age who is
3 convicted of a felony and who has not been previously
4 convicted of a misdemeanor or felony and who is sentenced to
5 a term of imprisonment in the Illinois Department of
6 Corrections shall as a condition of his or her sentence be
7 required by the court to attend educational courses designed
8 to prepare the defendant for a high school diploma and to
9 work toward a high school diploma or to work toward passing
10 the high school level Test of General Educational Development
11 (GED) or to work toward completing a vocational training
12 program offered by the Department of Corrections. If a
13 defendant fails to complete the educational training required
14 by his or her sentence during the term of incarceration, the
15 Prisoner Review Board shall, as a condition of mandatory
16 supervised release, require the defendant, at his or her own
17 expense, to pursue a course of study toward a high school
18 diploma or passage of the GED test. The Prisoner Review
19 Board shall revoke the mandatory supervised release of a
20 defendant who wilfully fails to comply with this subsection
21 (j-5) upon his or her release from confinement in a penal
22 institution while serving a mandatory supervised release
23 term; however, the inability of the defendant after making a
24 good faith effort to obtain financial aid or pay for the
25 educational training shall not be deemed a wilful failure to
26 comply. The Prisoner Review Board shall recommit the
27 defendant whose mandatory supervised release term has been
28 revoked under this subsection (j-5) as provided in Section
29 3-3-9. This subsection (j-5) does not apply to a defendant
30 who has a high school diploma or has successfully passed the
31 GED test. This subsection (j-5) does not apply to a defendant
32 who is determined by the court to be developmentally disabled
33 or otherwise mentally incapable of completing the educational
34 or vocational program.
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1 (k) A court may not impose a sentence or disposition for
2 a felony or misdemeanor that requires the defendant to be
3 implanted or injected with or to use any form of birth
4 control.
5 (l) (A) Except as provided in paragraph (C) of
6 subsection (l), whenever a defendant, who is an alien as
7 defined by the Immigration and Nationality Act, is
8 convicted of any felony or misdemeanor offense, the court
9 after sentencing the defendant may, upon motion of the
10 State's Attorney, hold sentence in abeyance and remand
11 the defendant to the custody of the Attorney General of
12 the United States or his or her designated agent to be
13 deported when:
14 (1) a final order of deportation has been
15 issued against the defendant pursuant to proceedings
16 under the Immigration and Nationality Act, and
17 (2) the deportation of the defendant would not
18 deprecate the seriousness of the defendant's conduct
19 and would not be inconsistent with the ends of
20 justice.
21 Otherwise, the defendant shall be sentenced as
22 provided in this Chapter V.
23 (B) If the defendant has already been sentenced for
24 a felony or misdemeanor offense, or has been placed on
25 probation under Section 10 of the Cannabis Control Act or
26 Section 410 of the Illinois Controlled Substances Act,
27 the court may, upon motion of the State's Attorney to
28 suspend the sentence imposed, commit the defendant to the
29 custody of the Attorney General of the United States or
30 his or her designated agent when:
31 (1) a final order of deportation has been
32 issued against the defendant pursuant to proceedings
33 under the Immigration and Nationality Act, and
34 (2) the deportation of the defendant would not
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1 deprecate the seriousness of the defendant's conduct
2 and would not be inconsistent with the ends of
3 justice.
4 (C) This subsection (l) does not apply to offenders
5 who are subject to the provisions of paragraph (2) of
6 subsection (a) of Section 3-6-3.
7 (D) Upon motion of the State's Attorney, if a
8 defendant sentenced under this Section returns to the
9 jurisdiction of the United States, the defendant shall be
10 recommitted to the custody of the county from which he or
11 she was sentenced. Thereafter, the defendant shall be
12 brought before the sentencing court, which may impose any
13 sentence that was available under Section 5-5-3 at the
14 time of initial sentencing. In addition, the defendant
15 shall not be eligible for additional good conduct credit
16 for meritorious service as provided under Section 3-6-6.
17 (m) A person convicted of criminal defacement of
18 property under Section 21-1.3 of the Criminal Code of 1961,
19 in which the property damage exceeds $300 and the property
20 damaged is a school building, shall be ordered to perform
21 community service that may include cleanup, removal, or
22 painting over the defacement.
23 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
24 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
25 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
26 12-22-99; 91-695, eff. 4-13-00.)
27 (730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4)
28 Sec. 5-5-4. Resentences.
29 Where a conviction or sentence has been set aside on
30 direct review or on collateral attack, the court shall not
31 impose a new sentence for the same offense or for a different
32 offense based on the same conduct which is more severe than
33 the prior sentence less the portion of the prior sentence
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1 previously satisfied unless the more severe sentence is based
2 upon conduct on the part of the defendant occurring after the
3 original sentencing. If a sentence is vacated on appeal or on
4 collateral attack due to the failure of the trier of fact at
5 trial to determine beyond a reasonable doubt the existence of
6 a fact (other than a prior conviction) necessary to increase
7 the punishment for the offense beyond the statutory maximum
8 otherwise applicable, either the defendant may be
9 re-sentenced to a term within the range otherwise provided
10 or, if the State files notice of its intention to again seek
11 the extended sentence, the defendant shall be afforded a new
12 trial.
13 (Source: P.A. 77-2097.)
14 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
15 Sec. 5-8-1. Sentence of Imprisonment for Felony.
16 (a) Except as otherwise provided in the statute defining
17 the offense, a sentence of imprisonment for a felony shall be
18 a determinate sentence set by the court under this Section,
19 according to the following limitations:
20 (1) for first degree murder,
21 (a) a term shall be not less than 20 years and
22 not more than 60 years, or
23 (b) if a trier of fact the court finds beyond
24 a reasonable doubt that the murder was accompanied
25 by exceptionally brutal or heinous behavior
26 indicative of wanton cruelty or, except as set forth
27 in subsection (a)(1)(c) of this Section, that any of
28 the aggravating factors listed in subsection (b) of
29 Section 9-1 of the Criminal Code of 1961 are
30 present, the court may sentence the defendant to a
31 term of natural life imprisonment, or
32 (c) the court shall sentence the defendant to
33 a term of natural life imprisonment when the death
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1 penalty is not imposed if the defendant,
2 (i) has previously been convicted of
3 first degree murder under any state or federal
4 law, or
5 (ii) is a person who, at the time of the
6 commission of the murder, had attained the age
7 of 17 or more and is found guilty of murdering
8 an individual under 12 years of age; or,
9 irrespective of the defendant's age at the time
10 of the commission of the offense, is found
11 guilty of murdering more than one victim, or
12 (iii) is found guilty of murdering a
13 peace officer or fireman when the peace officer
14 or fireman was killed in the course of
15 performing his official duties, or to prevent
16 the peace officer or fireman from performing
17 his official duties, or in retaliation for the
18 peace officer or fireman performing his
19 official duties, and the defendant knew or
20 should have known that the murdered individual
21 was a peace officer or fireman, or
22 (iv) is found guilty of murdering an
23 employee of an institution or facility of the
24 Department of Corrections, or any similar local
25 correctional agency, when the employee was
26 killed in the course of performing his official
27 duties, or to prevent the employee from
28 performing his official duties, or in
29 retaliation for the employee performing his
30 official duties, or
31 (v) is found guilty of murdering an
32 emergency medical technician - ambulance,
33 emergency medical technician - intermediate,
34 emergency medical technician - paramedic,
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1 ambulance driver or other medical assistance or
2 first aid person while employed by a
3 municipality or other governmental unit when
4 the person was killed in the course of
5 performing official duties or to prevent the
6 person from performing official duties or in
7 retaliation for performing official duties and
8 the defendant knew or should have known that
9 the murdered individual was an emergency
10 medical technician - ambulance, emergency
11 medical technician - intermediate, emergency
12 medical technician - paramedic, ambulance
13 driver, or other medical assistant or first aid
14 personnel, or
15 (vi) is a person who, at the time of the
16 commission of the murder, had not attained the
17 age of 17, and is found guilty of murdering a
18 person under 12 years of age and the murder is
19 committed during the course of aggravated
20 criminal sexual assault, criminal sexual
21 assault, or aggravated kidnaping, or
22 (vii) is found guilty of first degree
23 murder and the murder was committed by reason
24 of any person's activity as a community
25 policing volunteer or to prevent any person
26 from engaging in activity as a community
27 policing volunteer. For the purpose of this
28 Section, "community policing volunteer" has the
29 meaning ascribed to it in Section 2-3.5 of the
30 Criminal Code of 1961.
31 For purposes of clause (v), "emergency medical
32 technician - ambulance", "emergency medical
33 technician - intermediate", "emergency medical
34 technician - paramedic", have the meanings ascribed
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1 to them in the Emergency Medical Services (EMS)
2 Systems Act.
3 (d) (i) if the person committed the offense
4 while armed with a firearm, 15 years shall be
5 added to the term of imprisonment imposed by
6 the court;
7 (ii) if, during the commission of the
8 offense, the person personally discharged a
9 firearm, 20 years shall be added to the term of
10 imprisonment imposed by the court;
11 (iii) if, during the commission of the
12 offense, the person personally discharged a
13 firearm that proximately caused great bodily
14 harm, permanent disability, permanent
15 disfigurement, or death to another person, 25
16 years or up to a term of natural life shall be
17 added to the term of imprisonment imposed by
18 the court.
19 (1.5) for second degree murder, a term shall be not
20 less than 4 years and not more than 20 years;
21 (2) for a person adjudged a habitual criminal under
22 Article 33B of the Criminal Code of 1961, as amended, the
23 sentence shall be a term of natural life imprisonment;
24 (2.5) for a person convicted under the
25 circumstances described in paragraph (3) of subsection
26 (b) of Section 12-13, paragraph (2) of subsection (d) of
27 Section 12-14, paragraph (1.2) of subsection (b) of
28 Section 12-14.1, or paragraph (2) of subsection (b) of
29 Section 12-14.1 of the Criminal Code of 1961, the
30 sentence shall be a term of natural life imprisonment;
31 (3) except as otherwise provided in the statute
32 defining the offense, for a Class X felony, the sentence
33 shall be not less than 6 years and not more than 30
34 years;
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1 (4) for a Class 1 felony, other than second degree
2 murder, the sentence shall be not less than 4 years and
3 not more than 15 years;
4 (5) for a Class 2 felony, the sentence shall be not
5 less than 3 years and not more than 7 years;
6 (6) for a Class 3 felony, the sentence shall be not
7 less than 2 years and not more than 5 years;
8 (7) for a Class 4 felony, the sentence shall be not
9 less than 1 year and not more than 3 years.
10 (b) The sentencing judge in each felony conviction shall
11 set forth his reasons for imposing the particular sentence he
12 enters in the case, as provided in Section 5-4-1 of this
13 Code. Those reasons may include any mitigating or
14 aggravating factors specified in this Code, or the lack of
15 any such circumstances, as well as any other such factors as
16 the judge shall set forth on the record that are consistent
17 with the purposes and principles of sentencing set out in
18 this Code.
19 (c) A motion to reduce a sentence may be made, or the
20 court may reduce a sentence without motion, within 30 days
21 after the sentence is imposed. A defendant's challenge to
22 the correctness of a sentence or to any aspect of the
23 sentencing hearing shall be made by a written motion filed
24 within 30 days following the imposition of sentence.
25 However, the court may not increase a sentence once it is
26 imposed.
27 If a motion filed pursuant to this subsection is timely
28 filed within 30 days after the sentence is imposed, the
29 proponent of the motion shall exercise due diligence in
30 seeking a determination on the motion and the court shall
31 thereafter decide such motion within a reasonable time.
32 If a motion filed pursuant to this subsection is timely
33 filed within 30 days after the sentence is imposed, then for
34 purposes of perfecting an appeal, a final judgment shall not
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1 be considered to have been entered until the motion to reduce
2 a sentence has been decided by order entered by the trial
3 court.
4 A motion filed pursuant to this subsection shall not be
5 considered to have been timely filed unless it is filed with
6 the circuit court clerk within 30 days after the sentence is
7 imposed together with a notice of motion, which notice of
8 motion shall set the motion on the court's calendar on a date
9 certain within a reasonable time after the date of filing.
10 (d) Except where a term of natural life is imposed,
11 every sentence shall include as though written therein a term
12 in addition to the term of imprisonment. For those sentenced
13 under the law in effect prior to February 1, 1978, such term
14 shall be identified as a parole term. For those sentenced on
15 or after February 1, 1978, such term shall be identified as a
16 mandatory supervised release term. Subject to earlier
17 termination under Section 3-3-8, the parole or mandatory
18 supervised release term shall be as follows:
19 (1) for first degree murder or a Class X felony, 3
20 years;
21 (2) for a Class 1 felony or a Class 2 felony, 2
22 years;
23 (3) for a Class 3 felony or a Class 4 felony, 1
24 year;
25 (4) if the victim is under 18 years of age, for a
26 second or subsequent offense of criminal sexual assault
27 or aggravated criminal sexual assault, 5 years, at least
28 the first 2 years of which the defendant shall serve in
29 an electronic home detention program under Article 8A of
30 Chapter V of this Code;
31 (5) if the victim is under 18 years of age, for a
32 second or subsequent offense of aggravated criminal
33 sexual abuse or felony criminal sexual abuse, 4 years, at
34 least the first 2 years of which the defendant shall
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1 serve in an electronic home detention program under
2 Article 8A of Chapter V of this Code.
3 (e) A defendant who has a previous and unexpired
4 sentence of imprisonment imposed by another state or by any
5 district court of the United States and who, after sentence
6 for a crime in Illinois, must return to serve the unexpired
7 prior sentence may have his sentence by the Illinois court
8 ordered to be concurrent with the prior sentence in the other
9 state. The court may order that any time served on the
10 unexpired portion of the sentence in the other state, prior
11 to his return to Illinois, shall be credited on his Illinois
12 sentence. The other state shall be furnished with a copy of
13 the order imposing sentence which shall provide that, when
14 the offender is released from confinement of the other state,
15 whether by parole or by termination of sentence, the offender
16 shall be transferred by the Sheriff of the committing county
17 to the Illinois Department of Corrections. The court shall
18 cause the Department of Corrections to be notified of such
19 sentence at the time of commitment and to be provided with
20 copies of all records regarding the sentence.
21 (f) A defendant who has a previous and unexpired
22 sentence of imprisonment imposed by an Illinois circuit court
23 for a crime in this State and who is subsequently sentenced
24 to a term of imprisonment by another state or by any district
25 court of the United States and who has served a term of
26 imprisonment imposed by the other state or district court of
27 the United States, and must return to serve the unexpired
28 prior sentence imposed by the Illinois Circuit Court may
29 apply to the court which imposed sentence to have his
30 sentence reduced.
31 The circuit court may order that any time served on the
32 sentence imposed by the other state or district court of the
33 United States be credited on his Illinois sentence. Such
34 application for reduction of a sentence under this
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1 subsection (f) shall be made within 30 days after the
2 defendant has completed the sentence imposed by the other
3 state or district court of the United States.
4 (Source: P.A. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99;
5 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.)
6 (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2)
7 Sec. 5-8-2. Extended Term. (a) A judge shall not
8 sentence an offender to a term of imprisonment in excess of
9 the maximum sentence authorized by Section 5-8-1 for the
10 class of the most serious offense of which the offender was
11 convicted unless the factors in aggravation set forth in
12 paragraph (b) of Section 5-5-3.2 were found to be present.
13 Where a trier of fact the judge finds beyond a reasonable
14 doubt that such factors were present, the judge he may
15 sentence an offender to the following:
16 (1) for first degree murder, a term shall be not less
17 than 60 years and not more than 100 years;
18 (2) for a Class X felony, a term shall be not less than
19 30 years and not more than 60 years;
20 (3) for a Class 1 felony, a term shall be not less than
21 15 years and not more than 30 years;
22 (4) for a Class 2 felony, a term shall be not less than
23 7 years and not more than 14 years;
24 (5) for a Class 3 felony, a term shall not be less than
25 5 years and not more than 10 years;
26 (6) for a Class 4 felony, a term shall be not less than
27 3 years and not more than 6 years.
28 (b) If the conviction was by plea, it shall appear on
29 the record that the plea was entered with the defendant's
30 knowledge that a sentence under this Section was a
31 possibility. If it does not so appear on the record, the
32 defendant shall not be subject to such a sentence unless he
33 is first given an opportunity to withdraw his plea without
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1 prejudice.
2 (Source: P.A. 85-902.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".