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91_HB4594
LRB9111705RCpr
1 AN ACT to abolish the death penalty.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Department of State Police Law of the
5 Civil Administrative Code of Illinois is amended by changing
6 Section 2605-40 as follows:
7 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
8 Sec. 2605-40. Division of Forensic Services. The
9 Division of Forensic Services shall exercise the following
10 functions:
11 (1) Exercise the rights, powers, and duties vested
12 by law in the Department by the Criminal Identification
13 Act.
14 (2) Exercise the rights, powers, and duties vested
15 by law in the Department by Section 2605-300 of this Law.
16 (3) Provide assistance to local law enforcement
17 agencies through training, management, and consultant
18 services.
19 (4) Exercise the rights, powers, and duties vested
20 by law in the Department by the Firearm Owners
21 Identification Card Act.
22 (5) Exercise other duties that may be assigned by
23 the Director in order to fulfill the responsibilities and
24 achieve the purposes of the Department.
25 (6) Establish and operate a forensic science
26 laboratory system, including a forensic toxicological
27 laboratory service, for the purpose of testing specimens
28 submitted by coroners and other law enforcement officers
29 in their efforts to determine whether alcohol, drugs, or
30 poisonous or other toxic substances have been involved in
31 deaths, accidents, or illness. Forensic toxicological
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1 laboratories shall be established in Springfield,
2 Chicago, and elsewhere in the State as needed.; and
3 7. Subject to specific appropriations made for
4 these purposes, to establish and coordinate a system for
5 providing accurate and expedited forensic science and
6 other investigative and laboratory services to local law
7 enforcement agencies and local State's Attorneys in aid
8 of the investigation and trial of capital cases.
9 (Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00;
10 91-589, eff. 1-1-00; revised 10-26-99.)
11 Section 5. The Criminal Identification Act is amended by
12 changing Section 2.1 as follows:
13 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
14 Sec. 2.1. For the purpose of maintaining complete and
15 accurate criminal records of the Department of State Police,
16 it is necessary for all policing bodies of this State, the
17 clerk of the circuit court, the Illinois Department of
18 Corrections, the sheriff of each county, and State's Attorney
19 of each county to submit certain criminal arrest, charge, and
20 disposition information to the Department for filing at the
21 earliest time possible. Unless otherwise noted herein, it
22 shall be the duty of all policing bodies of this State, the
23 clerk of the circuit court, the Illinois Department of
24 Corrections, the sheriff of each county, and the State's
25 Attorney of each county to report such information as
26 provided in this Section, both in the form and manner
27 required by the Department and within 30 days of the criminal
28 history event. Specifically:
29 (a) Arrest Information. All agencies making arrests for
30 offenses which are required by statute to be collected,
31 maintained or disseminated by the Department of State Police
32 shall be responsible for furnishing daily to the Department
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1 fingerprints, charges and descriptions of all persons who are
2 arrested for such offenses. All such agencies shall also
3 notify the Department of all decisions by the arresting
4 agency not to refer such arrests for prosecution. With
5 approval of the Department, an agency making such arrests may
6 enter into arrangements with other agencies for the purpose
7 of furnishing daily such fingerprints, charges and
8 descriptions to the Department upon its behalf.
9 (b) Charge Information. The State's Attorney of each
10 county shall notify the Department of all charges filed and
11 all petitions filed alleging that a minor is delinquent,
12 including all those added subsequent to the filing of a case,
13 and whether charges were not filed in cases for which the
14 Department has received information required to be reported
15 pursuant to paragraph (a) of this Section. With approval of
16 the Department, the State's Attorney may enter into
17 arrangements with other agencies for the purpose of
18 furnishing the information required by this subsection (b) to
19 the Department upon the State's Attorney's behalf.
20 (c) Disposition Information. The clerk of the circuit
21 court of each county shall furnish the Department, in the
22 form and manner required by the Supreme Court, with all final
23 dispositions of cases for which the Department has received
24 information required to be reported pursuant to paragraph (a)
25 or (d) of this Section. Such information shall include, for
26 each charge, all (1) judgments of not guilty, judgments of
27 guilty including the sentence pronounced by the court,
28 findings that a minor is delinquent and any sentence made
29 based on those findings, discharges and dismissals in the
30 court; (2) reviewing court orders filed with the clerk of the
31 circuit court which reverse or remand a reported conviction
32 or findings that a minor is delinquent or that vacate or
33 modify a sentence or sentence made following a trial that a
34 minor is delinquent; (3) continuances to a date certain in
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1 furtherance of an order of supervision granted under Section
2 5-6-1 of the Unified Code of Corrections or an order of
3 probation granted under Section 10 of the Cannabis Control
4 Act, Section 410 of the Illinois Controlled Substances Act,
5 Section 12-4.3 of the Criminal Code of 1961, Section 10-102
6 of the Illinois Alcoholism and Other Drug Dependency Act,
7 Section 40-10 of the Alcoholism and Other Drug Abuse and
8 Dependency Act, Section 10 of the Steroid Control Act, or
9 Section 5-615 of the Juvenile Court Act of 1987; and (4)
10 judgments or court orders terminating or revoking a sentence
11 to or juvenile disposition of probation, supervision or
12 conditional discharge and any resentencing or new court
13 orders entered by a juvenile court relating to the
14 disposition of a minor's case involving delinquency after
15 such revocation.
16 (d) Fingerprints After Sentencing.
17 (1) After the court pronounces sentence, sentences a
18 minor following a trial in which a minor was found to be
19 delinquent or issues an order of supervision or an order
20 of probation granted under Section 10 of the Cannabis
21 Control Act, Section 410 of the Illinois Controlled
22 Substances Act, Section 12-4.3 of the Criminal Code of
23 1961, Section 10-102 of the Illinois Alcoholism and Other
24 Drug Dependency Act, Section 40-10 of the Alcoholism and
25 Other Drug Abuse and Dependency Act, Section 10 of the
26 Steroid Control Act, or Section 5-615 of the Juvenile
27 Court Act of 1987 for any offense which is required by
28 statute to be collected, maintained, or disseminated by
29 the Department of State Police, the State's Attorney of
30 each county shall ask the court to order a law
31 enforcement agency to fingerprint immediately all persons
32 appearing before the court who have not previously been
33 fingerprinted for the same case. The court shall so order
34 the requested fingerprinting, if it determines that any
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1 such person has not previously been fingerprinted for the
2 same case. The law enforcement agency shall submit such
3 fingerprints to the Department daily.
4 (2) After the court pronounces sentence or makes a
5 disposition of a case following a finding of delinquency
6 for any offense which is not required by statute to be
7 collected, maintained, or disseminated by the Department
8 of State Police, the prosecuting attorney may ask the
9 court to order a law enforcement agency to fingerprint
10 immediately all persons appearing before the court who
11 have not previously been fingerprinted for the same case.
12 The court may so order the requested fingerprinting, if
13 it determines that any so sentenced person has not
14 previously been fingerprinted for the same case. The law
15 enforcement agency may retain such fingerprints in its
16 files.
17 (e) Corrections Information. The Illinois Department of
18 Corrections and the sheriff of each county shall furnish the
19 Department with all information concerning the receipt,
20 escape, execution before the effective date of this
21 amendatory Act of the 91st General Assembly, death, release,
22 pardon, parole, commutation of sentence, granting of
23 executive clemency or discharge of an individual who has been
24 sentenced or committed to the agency's custody for any
25 offenses which are mandated by statute to be collected,
26 maintained or disseminated by the Department of State Police.
27 For an individual who has been charged with any such offense
28 and who escapes from custody or dies while in custody, all
29 information concerning the receipt and escape or death,
30 whichever is appropriate, shall also be so furnished to the
31 Department.
32 (Source: P.A. 90-590, eff. 1-1-00.)
33 (30 ILCS 105/5.490 rep.)
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1 Section 10. The State Finance Act is amended by
2 repealing Section 5.490 (added by Public Act 91-589) on July
3 1, 2002.
4 Section 15. The Counties Code is amended by changing
5 Sections 3-9005 and 3-4011 as follows:
6 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
7 Sec. 3-9005. Powers and duties of State's attorney.
8 (a) The duty of each State's attorney shall be:
9 (1) To commence and prosecute all actions, suits,
10 indictments and prosecutions, civil and criminal, in the
11 circuit court for his county, in which the people of the
12 State or county may be concerned.
13 (2) To prosecute all forfeited bonds and
14 recognizances, and all actions and proceedings for the
15 recovery of debts, revenues, moneys, fines, penalties and
16 forfeitures accruing to the State or his county, or to
17 any school district or road district in his county; also,
18 to prosecute all suits in his county against railroad or
19 transportation companies, which may be prosecuted in the
20 name of the People of the State of Illinois.
21 (3) To commence and prosecute all actions and
22 proceedings brought by any county officer in his official
23 capacity.
24 (4) To defend all actions and proceedings brought
25 against his county, or against any county or State
26 officer, in his official capacity, within his county.
27 (5) To attend the examination of all persons
28 brought before any judge on habeas corpus, when the
29 prosecution is in his county.
30 (6) To attend before judges and prosecute charges
31 of felony or misdemeanor, for which the offender is
32 required to be recognized to appear before the circuit
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1 court, when in his power so to do.
2 (7) To give his opinion, without fee or reward, to
3 any county officer in his county, upon any question or
4 law relating to any criminal or other matter, in which
5 the people or the county may be concerned.
6 (8) To assist the attorney general whenever it may
7 be necessary, and in cases of appeal from his county to
8 the Supreme Court, to which it is the duty of the
9 attorney general to attend, he shall furnish the attorney
10 general at least 10 days before such is due to be filed,
11 a manuscript of a proposed statement, brief and argument
12 to be printed and filed on behalf of the people, prepared
13 in accordance with the rules of the Supreme Court.
14 However, if such brief, argument or other document is due
15 to be filed by law or order of court within this 10 day
16 period, then the State's attorney shall furnish such as
17 soon as may be reasonable.
18 (9) To pay all moneys received by him in trust,
19 without delay, to the officer who by law is entitled to
20 the custody thereof.
21 (10) To notify, by first class mail, complaining
22 witnesses of the ultimate disposition of the cases
23 arising from an indictment or an information.
24 (11) To perform such other and further duties as
25 may, from time to time, be enjoined on him by law.
26 (12) To appear in all proceedings by collectors of
27 taxes against delinquent taxpayers for judgments to sell
28 real estate, and see that all the necessary preliminary
29 steps have been legally taken to make the judgment legal
30 and binding.
31 (b) The State's Attorney of each county shall have
32 authority to appoint one or more special investigators to
33 serve subpoenas, make return of process and conduct
34 investigations which assist the State's Attorney in the
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1 performance of his duties. A special investigator shall not
2 carry firearms except with permission of the State's Attorney
3 and only while carrying appropriate identification indicating
4 his employment and in the performance of his assigned duties.
5 Subject to the qualifications set forth in this
6 subsection, special investigators shall be peace officers and
7 shall have all the powers possessed by investigators under
8 the State's Attorneys Appellate Prosecutor's Act.
9 No special investigator employed by the State's Attorney
10 shall have peace officer status or exercise police powers
11 unless he or she successfully completes the basic police
12 training course mandated and approved by the Illinois Law
13 Enforcement Training Standards Board or such board waives the
14 training requirement by reason of the special investigator's
15 prior law enforcement experience or training or both. Any
16 State's Attorney appointing a special investigator shall
17 consult with all affected local police agencies, to the
18 extent consistent with the public interest, if the special
19 investigator is assigned to areas within that agency's
20 jurisdiction.
21 Before a person is appointed as a special investigator,
22 his fingerprints shall be taken and transmitted to the
23 Department of State Police. The Department shall examine its
24 records and submit to the State's Attorney of the county in
25 which the investigator seeks appointment any conviction
26 information concerning the person on file with the
27 Department. No person shall be appointed as a special
28 investigator if he has been convicted of a felony or other
29 offense involving moral turpitude. A special investigator
30 shall be paid a salary and be reimbursed for actual expenses
31 incurred in performing his assigned duties. The county board
32 shall approve the salary and actual expenses and appropriate
33 the salary and expenses in the manner prescribed by law or
34 ordinance.
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1 (c) The State's Attorney may request and receive from
2 employers, labor unions, telephone companies, and utility
3 companies location information concerning putative fathers
4 and noncustodial parents for the purpose of establishing a
5 child's paternity or establishing, enforcing, or modifying a
6 child support obligation. In this subsection, "location
7 information" means information about (i) the physical
8 whereabouts of a putative father or noncustodial parent, (ii)
9 the putative father or noncustodial parent's employer, or
10 (iii) the salary, wages, and other compensation paid and the
11 health insurance coverage provided to the putative father or
12 noncustodial parent by the employer of the putative father or
13 noncustodial parent or by a labor union of which the putative
14 father or noncustodial parent is a member.
15 (d) For each State fiscal year, the State's Attorney of
16 Cook County shall appear before the General Assembly and
17 request appropriations to be made from the Capital Litigation
18 Trust Fund to the State Treasurer for the purpose of
19 providing assistance in the prosecution of capital cases in
20 Cook County. The State's Attorney may appear before the
21 General Assembly at other times during the State's fiscal
22 year to request supplemental appropriations from the Trust
23 Fund to the State Treasurer.
24 (Source: P.A. 91-589, eff. 1-1-00.)
25 (55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)
26 Sec. 3-4011. Expenses and legal services for indigent
27 defendants in felony cases. It shall be the duty of the
28 county board in counties containing fewer than 500,000
29 inhabitants to appropriate a sufficient sum for the purpose
30 of paying for the legal services necessarily rendered for the
31 defense of indigent persons in felony cases, and for costs,
32 expenses and legal services necessary in the prosecution of
33 an appeal when the sentence is death and the sentence was
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1 imposed before the effective date of this amendatory Act of
2 the 91st General Assembly, which is to be paid upon the
3 orders of a court of competent jurisdiction. It shall
4 likewise be the duty of the county board in counties
5 containing fewer than 500,000 inhabitants to appropriate a
6 sufficient sum for the payment of out of pocket expenses
7 necessarily incurred by appointed counsel in the prosecution
8 of an appeal on behalf of an indigent incarcerated defendant
9 in felony cases. In such cases payment shall be made upon the
10 order of the reviewing court.
11 (Source: P.A. 86-962.)
12 (55 ILCS 5/3-4006.1 rep.)
13 Section 20. The Counties Code is amended by repealing
14 Section 3-4006.1.
15 Section 25. The School Code is amended by changing
16 Section 21-23b as follows:
17 (105 ILCS 5/21-23b) (from Ch. 122, par. 21-23b)
18 Sec. 21-23b. Conviction of felony.
19 (a) Whenever the holder of any certificate issued under
20 this Article is employed by the school board of any school
21 district, including a special charter district or school
22 district organized under Article 34, and is convicted, either
23 after a bench trial, trial by jury, or plea of guilty, of any
24 offense for which a sentence to death or a term of
25 imprisonment in a penitentiary for one year or more is
26 provided, the school board shall promptly notify the State
27 Board of Education in writing of the name of the certificate
28 holder, the fact of the conviction, and the name and location
29 of the court in which the conviction occurred.
30 (b) Whenever the State Board of Education receives
31 notice of a conviction under subsection (a) or otherwise
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1 learns that any person who is a "teacher" as that term is
2 defined in Section 16-106 of the Illinois Pension Code has
3 been convicted, either after a bench trial, trial by jury, or
4 plea of guilty, of any offense for which a sentence to death
5 or a term of imprisonment in a penitentiary for one year or
6 more is provided, the State Board of Education shall promptly
7 notify in writing the board of trustees of the Teachers'
8 Retirement System of the State of Illinois and the board of
9 trustees of the Public School Teachers' Pension and
10 Retirement Fund of the City of Chicago of the name of the
11 certificate holder or teacher, the fact of the conviction,
12 the name and location of the court in which the conviction
13 occurred, and the number assigned in that court to the case
14 in which the conviction occurred.
15 (Source: P.A. 87-1001.)
16 Section 30. The Illinois Public Aid Code is amended by
17 changing Section 1-8 as follows:
18 (305 ILCS 5/1-8)
19 Sec. 1-8. Fugitives ineligible.
20 (a) The following persons are not eligible for aid under
21 this Code, or federal food stamps or federal food stamp
22 benefits:
23 (1) A person who has fled from the jurisdiction of
24 any court of record of this or any other state or of the
25 United States to avoid prosecution for a felony or to
26 avoid giving testimony in any criminal proceeding
27 involving the alleged commission of a felony.
28 (2) A person who has fled to avoid imprisonment in
29 a correctional facility of this or any other state or the
30 United States for having committed a felony.
31 (3) A person who has escaped from a correctional
32 facility of this or any other state or the United States
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1 if the person was incarcerated for having committed a
2 felony.
3 (4) A person who is violating a condition of
4 probation or parole imposed under federal or State law.
5 In this Section, "felony" means a violation of a penal
6 statute of this State for which a sentence to a term of
7 imprisonment in a penitentiary for one year or more is
8 provided or a violation of a penal statute of or any other
9 state or the United States for which a sentence to death or
10 to a term of imprisonment in a penitentiary for one year or
11 more is provided.
12 To implement this Section, the Illinois Department may
13 exchange necessary information with an appropriate law
14 enforcement agency of this or any other state, a political
15 subdivision of this or any other state, or the United States.
16 (b) The Illinois Department shall apply for all waivers
17 of federal law and regulations necessary to implement this
18 Section, and implementation of this Section is contingent on
19 the Illinois Department's receipt of those waivers.
20 (Source: P.A. 89-489, eff. 1-1-97; 90-17, eff. 7-1-97.)
21 Section 35. The Criminal Code of 1961 is amended by
22 changing Sections 2-7, 7-10, 9-1, 9-1.2, 30-1, and 33B-1 as
23 follows:
24 (720 ILCS 5/2-7) (from Ch. 38, par. 2-7)
25 Sec. 2-7. "Felony".
26 "Felony" means an offense for which a sentence to death
27 or to a term of imprisonment in a penitentiary for one year
28 or more is provided.
29 (Source: P.A. 77-2638.)
30 (720 ILCS 5/7-10) (from Ch. 38, par. 7-10)
31 Sec. 7-10. Execution of death sentence.
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1 A public officer who, in the exercise of his official
2 duty, puts a person to death pursuant to a sentence of a
3 court of competent jurisdiction made before the effective
4 date of this amendatory Act of the 91st General Assembly, is
5 justified if he acts in accordance with the sentence
6 pronounced and the law prescribing the procedure for
7 execution of a death sentence.
8 (Source: Laws 1961, p. 1983.)
9 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
10 Sec. 9-1. First degree Murder - Death penalties -
11 Exceptions - Separate Hearings - Proof - Findings - Appellate
12 procedures - Reversals.
13 (a) A person who kills an individual without lawful
14 justification commits first degree murder if, in performing
15 the acts which cause the death:
16 (1) he either intends to kill or do great bodily
17 harm to that individual or another, or knows that such
18 acts will cause death to that individual or another; or
19 (2) he knows that such acts create a strong
20 probability of death or great bodily harm to that
21 individual or another; or
22 (3) he is attempting or committing a forcible
23 felony other than second degree murder.
24 (b) Aggravating Factors. A defendant who at the time of
25 the commission of the offense has attained the age of 18 or
26 more and who has been found guilty of first degree murder may
27 be sentenced to a term of natural life imprisonment death if:
28 (1) the murdered individual was a peace officer or
29 fireman killed in the course of performing his official
30 duties, to prevent the performance of his official
31 duties, or in retaliation for performing his official
32 duties, and the defendant knew or should have known that
33 the murdered individual was a peace officer or fireman;
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1 or
2 (2) the murdered individual was an employee of an
3 institution or facility of the Department of Corrections,
4 or any similar local correctional agency, killed in the
5 course of performing his official duties, to prevent the
6 performance of his official duties, or in retaliation for
7 performing his official duties, or the murdered
8 individual was an inmate at such institution or facility
9 and was killed on the grounds thereof, or the murdered
10 individual was otherwise present in such institution or
11 facility with the knowledge and approval of the chief
12 administrative officer thereof; or
13 (3) the defendant has been convicted of murdering
14 two or more individuals under subsection (a) of this
15 Section or under any law of the United States or of any
16 state which is substantially similar to subsection (a) of
17 this Section regardless of whether the deaths occurred
18 as the result of the same act or of several related or
19 unrelated acts so long as the deaths were the result of
20 either an intent to kill more than one person or of
21 separate acts which the defendant knew would cause death
22 or create a strong probability of death or great bodily
23 harm to the murdered individual or another; or
24 (4) the murdered individual was killed as a result
25 of the hijacking of an airplane, train, ship, bus or
26 other public conveyance; or
27 (5) the defendant committed the murder pursuant to
28 a contract, agreement or understanding by which he was to
29 receive money or anything of value in return for
30 committing the murder or procured another to commit the
31 murder for money or anything of value; or
32 (6) the murdered individual was killed in the
33 course of another felony if:
34 (a) the murdered individual:
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1 (i) was actually killed by the defendant,
2 or
3 (ii) received physical injuries
4 personally inflicted by the defendant
5 substantially contemporaneously with physical
6 injuries caused by one or more persons for
7 whose conduct the defendant is legally
8 accountable under Section 5-2 of this Code, and
9 the physical injuries inflicted by either the
10 defendant or the other person or persons for
11 whose conduct he is legally accountable caused
12 the death of the murdered individual; and
13 (b) in performing the acts which caused the
14 death of the murdered individual or which resulted
15 in physical injuries personally inflicted by the
16 defendant on the murdered individual under the
17 circumstances of subdivision (ii) of subparagraph
18 (a) of paragraph (6) of subsection (b) of this
19 Section, the defendant acted with the intent to kill
20 the murdered individual or with the knowledge that
21 his acts created a strong probability of death or
22 great bodily harm to the murdered individual or
23 another; and
24 (c) the other felony was one of the following:
25 armed robbery, armed violence, robbery, predatory
26 criminal sexual assault of a child, aggravated
27 criminal sexual assault, aggravated kidnapping,
28 aggravated vehicular hijacking, forcible detention,
29 arson, aggravated arson, aggravated stalking,
30 burglary, residential burglary, home invasion,
31 calculated criminal drug conspiracy as defined in
32 Section 405 of the Illinois Controlled Substances
33 Act, streetgang criminal drug conspiracy as defined
34 in Section 405.2 of the Illinois Controlled
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1 Substances Act, or the attempt to commit any of the
2 felonies listed in this subsection (c); or
3 (7) the murdered individual was under 12 years of
4 age and the death resulted from exceptionally brutal or
5 heinous behavior indicative of wanton cruelty; or
6 (8) the defendant committed the murder with intent
7 to prevent the murdered individual from testifying in any
8 criminal prosecution or giving material assistance to the
9 State in any investigation or prosecution, either against
10 the defendant or another; or the defendant committed the
11 murder because the murdered individual was a witness in
12 any prosecution or gave material assistance to the State
13 in any investigation or prosecution, either against the
14 defendant or another; or
15 (9) the defendant, while committing an offense
16 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
17 407 or 407.1 or subsection (b) of Section 404 of the
18 Illinois Controlled Substances Act, or while engaged in a
19 conspiracy or solicitation to commit such offense,
20 intentionally killed an individual or counseled,
21 commanded, induced, procured or caused the intentional
22 killing of the murdered individual; or
23 (10) the defendant was incarcerated in an
24 institution or facility of the Department of Corrections
25 at the time of the murder, and while committing an
26 offense punishable as a felony under Illinois law, or
27 while engaged in a conspiracy or solicitation to commit
28 such offense, intentionally killed an individual or
29 counseled, commanded, induced, procured or caused the
30 intentional killing of the murdered individual; or
31 (11) the murder was committed in a cold, calculated
32 and premeditated manner pursuant to a preconceived plan,
33 scheme or design to take a human life by unlawful means,
34 and the conduct of the defendant created a reasonable
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1 expectation that the death of a human being would result
2 therefrom; or
3 (12) the murdered individual was an emergency
4 medical technician - ambulance, emergency medical
5 technician - intermediate, emergency medical technician -
6 paramedic, ambulance driver, or other medical assistance
7 or first aid personnel, employed by a municipality or
8 other governmental unit, killed in the course of
9 performing his official duties, to prevent the
10 performance of his official duties, or in retaliation for
11 performing his official duties, and the defendant knew or
12 should have known that the murdered individual was an
13 emergency medical technician - ambulance, emergency
14 medical technician - intermediate, emergency medical
15 technician - paramedic, ambulance driver, or other
16 medical assistance or first aid personnel; or
17 (13) the defendant was a principal administrator,
18 organizer, or leader of a calculated criminal drug
19 conspiracy consisting of a hierarchical position of
20 authority superior to that of all other members of the
21 conspiracy, and the defendant counseled, commanded,
22 induced, procured, or caused the intentional killing of
23 the murdered person; or
24 (14) the murder was intentional and involved the
25 infliction of torture. For the purpose of this Section
26 torture means the infliction of or subjection to extreme
27 physical pain, motivated by an intent to increase or
28 prolong the pain, suffering or agony of the victim; or
29 (15) the murder was committed as a result of the
30 intentional discharge of a firearm by the defendant from
31 a motor vehicle and the victim was not present within the
32 motor vehicle; or
33 (16) the murdered individual was 60 years of age or
34 older and the death resulted from exceptionally brutal or
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1 heinous behavior indicative of wanton cruelty; or
2 (17) the murdered individual was a disabled person
3 and the defendant knew or should have known that the
4 murdered individual was disabled. For purposes of this
5 paragraph (17), "disabled person" means a person who
6 suffers from a permanent physical or mental impairment
7 resulting from disease, an injury, a functional disorder,
8 or a congenital condition that renders the person
9 incapable of adequately providing for his or her own
10 health or personal care; or
11 (18) the murder was committed by reason of any
12 person's activity as a community policing volunteer or to
13 prevent any person from engaging in activity as a
14 community policing volunteer; or
15 (19) the murdered individual was subject to an
16 order of protection and the murder was committed by a
17 person against whom the same order of protection was
18 issued under the Illinois Domestic Violence Act of 1986;
19 or
20 (20) the murdered individual was known by the
21 defendant to be a teacher or other person employed in any
22 school and the teacher or other employee is upon the
23 grounds of a school or grounds adjacent to a school, or
24 is in any part of a building used for school purposes.
25 (c) (Blank). Consideration of factors in Aggravation
26 and Mitigation.
27 The court shall consider, or shall instruct the jury to
28 consider any aggravating and any mitigating factors which are
29 relevant to the imposition of the death penalty. Aggravating
30 factors may include but need not be limited to those factors
31 set forth in subsection (b). Mitigating factors may include
32 but need not be limited to the following:
33 (1) the defendant has no significant history of
34 prior criminal activity;
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1 (2) the murder was committed while the defendant
2 was under the influence of extreme mental or emotional
3 disturbance, although not such as to constitute a defense
4 to prosecution;
5 (3) the murdered individual was a participant in
6 the defendant's homicidal conduct or consented to the
7 homicidal act;
8 (4) the defendant acted under the compulsion of
9 threat or menace of the imminent infliction of death or
10 great bodily harm;
11 (5) the defendant was not personally present during
12 commission of the act or acts causing death.
13 (d) (Blank). Separate sentencing hearing.
14 Where requested by the State, the court shall conduct a
15 separate sentencing proceeding to determine the existence of
16 factors set forth in subsection (b) and to consider any
17 aggravating or mitigating factors as indicated in subsection
18 (c). The proceeding shall be conducted:
19 (1) before the jury that determined the defendant's
20 guilt; or
21 (2) before a jury impanelled for the purpose of the
22 proceeding if:
23 A. the defendant was convicted upon a plea of
24 guilty; or
25 B. the defendant was convicted after a trial
26 before the court sitting without a jury; or
27 C. the court for good cause shown discharges
28 the jury that determined the defendant's guilt; or
29 (3) before the court alone if the defendant waives
30 a jury for the separate proceeding.
31 (e) (Blank). Evidence and Argument.
32 During the proceeding any information relevant to any of
33 the factors set forth in subsection (b) may be presented by
34 either the State or the defendant under the rules governing
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1 the admission of evidence at criminal trials. Any
2 information relevant to any additional aggravating factors or
3 any mitigating factors indicated in subsection (c) may be
4 presented by the State or defendant regardless of its
5 admissibility under the rules governing the admission of
6 evidence at criminal trials. The State and the defendant
7 shall be given fair opportunity to rebut any information
8 received at the hearing.
9 (f) (Blank). Proof.
10 The burden of proof of establishing the existence of any
11 of the factors set forth in subsection (b) is on the State
12 and shall not be satisfied unless established beyond a
13 reasonable doubt.
14 (g) (Blank). Procedure - Jury.
15 If at the separate sentencing proceeding the jury finds
16 that none of the factors set forth in subsection (b) exists,
17 the court shall sentence the defendant to a term of
18 imprisonment under Chapter V of the Unified Code of
19 Corrections. If there is a unanimous finding by the jury
20 that one or more of the factors set forth in subsection (b)
21 exist, the jury shall consider aggravating and mitigating
22 factors as instructed by the court and shall determine
23 whether the sentence of death shall be imposed. If the jury
24 determines unanimously that there are no mitigating factors
25 sufficient to preclude the imposition of the death sentence,
26 the court shall sentence the defendant to death.
27 Unless the jury unanimously finds that there are no
28 mitigating factors sufficient to preclude the imposition of
29 the death sentence the court shall sentence the defendant to
30 a term of imprisonment under Chapter V of the Unified Code of
31 Corrections.
32 (h) (Blank). Procedure - No Jury.
33 In a proceeding before the court alone, if the court
34 finds that none of the factors found in subsection (b)
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1 exists, the court shall sentence the defendant to a term of
2 imprisonment under Chapter V of the Unified Code of
3 Corrections.
4 If the Court determines that one or more of the factors
5 set forth in subsection (b) exists, the Court shall consider
6 any aggravating and mitigating factors as indicated in
7 subsection (c). If the Court determines that there are no
8 mitigating factors sufficient to preclude the imposition of
9 the death sentence, the Court shall sentence the defendant to
10 death.
11 Unless the court finds that there are no mitigating
12 factors sufficient to preclude the imposition of the sentence
13 of death, the court shall sentence the defendant to a term of
14 imprisonment under Chapter V of the Unified Code of
15 Corrections.
16 (i) (Blank). Appellate Procedure.
17 The conviction and sentence of death shall be subject to
18 automatic review by the Supreme Court. Such review shall be
19 in accordance with rules promulgated by the Supreme Court.
20 (j) (Blank). Disposition of reversed death sentence.
21 In the event that the death penalty in this Act is held
22 to be unconstitutional by the Supreme Court of the United
23 States or of the State of Illinois, any person convicted of
24 first degree murder shall be sentenced by the court to a term
25 of imprisonment under Chapter V of the Unified Code of
26 Corrections.
27 In the event that any death sentence pursuant to the
28 sentencing provisions of this Section is declared
29 unconstitutional by the Supreme Court of the United States or
30 of the State of Illinois, the court having jurisdiction over
31 a person previously sentenced to death shall cause the
32 defendant to be brought before the court, and the court shall
33 sentence the defendant to a term of imprisonment under
34 Chapter V of the Unified Code of Corrections.
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1 (Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99;
2 90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff.
3 1-1-00.)
4 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
5 Sec. 9-1.2. Intentional Homicide of an Unborn Child.
6 (a) A person commits the offense of intentional homicide
7 of an unborn child if, in performing acts which cause the
8 death of an unborn child, he without lawful justification:
9 (1) either intended to cause the death of or do
10 great bodily harm to the pregnant woman or her unborn
11 child or knew that such acts would cause death or great
12 bodily harm to the pregnant woman or her unborn child; or
13 (2) he knew that his acts created a strong
14 probability of death or great bodily harm to the pregnant
15 woman or her unborn child; and
16 (3) he knew that the woman was pregnant.
17 (b) For purposes of this Section, (1) "unborn child"
18 shall mean any individual of the human species from
19 fertilization until birth, and (2) "person" shall not include
20 the pregnant woman whose unborn child is killed.
21 (c) This Section shall not apply to acts which cause the
22 death of an unborn child if those acts were committed during
23 any abortion, as defined in Section 2 of the Illinois
24 Abortion Law of 1975, as amended, to which the pregnant woman
25 has consented. This Section shall not apply to acts which
26 were committed pursuant to usual and customary standards of
27 medical practice during diagnostic testing or therapeutic
28 treatment.
29 (d) Penalty. The sentence for intentional homicide of
30 an unborn child shall be the same as for first degree murder,
31 except that:
32 (1) (Blank); the death penalty may not be imposed;
33 (2) if the person committed the offense while armed
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1 with a firearm, 15 years shall be added to the term of
2 imprisonment imposed by the court;
3 (3) if, during the commission of the offense, the
4 person personally discharged a firearm, 20 years shall be
5 added to the term of imprisonment imposed by the court;
6 (4) if, during the commission of the offense, the
7 person personally discharged a firearm that proximately
8 caused great bodily harm, permanent disability, permanent
9 disfigurement, or death to another person, 25 years or up
10 to a term of natural life shall be added to the term of
11 imprisonment imposed by the court.
12 (e) The provisions of this Act shall not be construed to
13 prohibit the prosecution of any person under any other
14 provision of law.
15 (Source: P.A. 91-404, eff. 1-1-00.)
16 (720 ILCS 5/30-1) (from Ch. 38, par. 30-1)
17 Sec. 30-1. Treason. (a) A person owing allegiance to this
18 State commits treason when he or she knowingly:
19 (1) Levies war against this State; or
20 (2) Adheres to the enemies of this State, giving
21 them aid or comfort.
22 (b) No person may be convicted of treason except on the
23 testimony of 2 witnesses to the same overt act, or on his
24 confession in open court.
25 (c) Sentence. Treason is a Class X felony for which an
26 offender may be sentenced to death under Section 5-5-3 of the
27 Unified Code of Corrections.
28 (Source: P.A. 80-1099.)
29 (720 ILCS 5/33B-1) (from Ch. 38, par. 33B-1)
30 Sec. 33B-1. (a) Every person who has been twice
31 convicted in any state or federal court of an offense that
32 contains the same elements as an offense now classified in
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1 Illinois as a Class X felony, criminal sexual assault,
2 aggravated kidnapping or first degree murder, and is
3 thereafter convicted of a Class X felony, criminal sexual
4 assault or first degree murder, committed after the 2 prior
5 convictions, shall be adjudged an habitual criminal.
6 (b) The 2 prior convictions need not have been for the
7 same offense.
8 (c) Any convictions which result from or are connected
9 with the same transaction, or result from offenses committed
10 at the same time, shall be counted for the purposes of this
11 Section as one conviction.
12 (d) This Article shall not apply unless each of the
13 following requirements are satisfied:
14 (1) the third offense was committed after the
15 effective date of this Act;
16 (2) the third offense was committed within 20 years
17 of the date that judgment was entered on the first
18 conviction, provided, however, that time spent in custody
19 shall not be counted;
20 (3) the third offense was committed after
21 conviction on the second offense;
22 (4) the second offense was committed after
23 conviction on the first offense.
24 (e) Except when the death penalty is imposed, Anyone
25 adjudged an habitual criminal shall be sentenced to life
26 imprisonment.
27 (Source: P.A. 88-677, eff. 12-15-94.)
28 Section 40. The Cannabis Control Act is amended by
29 changing Section 9 as follows:
30 (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
31 Sec. 9. (a) Any person who engages in a calculated
32 criminal cannabis conspiracy, as defined in subsection (b),
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1 is guilty of a Class 3 felony, and fined not more than
2 $200,000 and shall be subject to the forfeitures prescribed
3 in subsection (c); except that, if any person engages in such
4 offense after one or more prior convictions under this
5 Section, Section 4 (d), Section 5 (d), Section 8 (d) or any
6 law of the United States or of any State relating to
7 cannabis, or controlled substances as defined in the Illinois
8 Controlled Substances Act, in addition to the fine and
9 forfeiture authorized above, he shall be guilty of a Class 1
10 felony for which an offender may not be sentenced to death.
11 (b) For purposes of this section, a person engages in a
12 calculated criminal cannabis conspiracy when:
13 (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8
14 (c) or 8 (d) of this Act; and
15 (2) such violation is a part of a conspiracy undertaken
16 or carried on with 2 or more other persons; and
17 (3) he obtains anything of value greater than $500 from,
18 or organizes, directs or finances such violation or
19 conspiracy.
20 (c) Any person who is convicted under this Section of
21 engaging in a calculated criminal cannabis conspiracy shall
22 forfeit to the State of Illinois:
23 (1) the receipts obtained by him in such conspiracy; and
24 (2) any of his interests in, claims against, receipts
25 from, or property or rights of any kind affording a source of
26 influence over, such conspiracy.
27 (d) The circuit court may enter such injunctions,
28 restraining orders, directions, or prohibitions, or take such
29 other actions, including the acceptance of satisfactory
30 performance bonds, in connection with any property, claim,
31 receipt, right or other interest subject to forfeiture under
32 this Section, as it deems proper.
33 (Source: P.A. 84-1233.)
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1 Section 45. The Code of Criminal Procedure of 1963 is
2 amended by changing Sections 104-26, 113-3, 114-5, 115-4,
3 115-4.1, 119-5, 121-13, 122-1, 122-2.1 and 122-4 as follows:
4 (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
5 Sec. 104-26. Disposition of Defendants suffering
6 disabilities.
7 (a) A defendant convicted following a trial conducted
8 under the provisions of Section 104-22 shall not be sentenced
9 before a written presentence report of investigation is
10 presented to and considered by the court. The presentence
11 report shall be prepared pursuant to Sections 5-3-2, 5-3-3
12 and 5-3-4 of the Unified Code of Corrections, as now or
13 hereafter amended, and shall include a physical and mental
14 examination unless the court finds that the reports of prior
15 physical and mental examinations conducted pursuant to this
16 Article are adequate and recent enough so that additional
17 examinations would be unnecessary.
18 (b) (Blank). A defendant convicted following a trial
19 under Section 104-22 shall not be subject to the death
20 penalty.
21 (c) A defendant convicted following a trial under
22 Section 104-22 shall be sentenced according to the procedures
23 and dispositions authorized under the Unified Code of
24 Corrections, as now or hereafter amended, subject to the
25 following provisions:
26 (1) The court shall not impose a sentence of
27 imprisonment upon the offender if the court believes that
28 because of his disability a sentence of imprisonment
29 would not serve the ends of justice and the interests of
30 society and the offender or that because of his
31 disability a sentence of imprisonment would subject the
32 offender to excessive hardship. In addition to any other
33 conditions of a sentence of conditional discharge or
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1 probation the court may require that the offender undergo
2 treatment appropriate to his mental or physical
3 condition.
4 (2) After imposing a sentence of imprisonment upon
5 an offender who has a mental disability, the court may
6 remand him to the custody of the Department of Human
7 Services and order a hearing to be conducted pursuant to
8 the provisions of the Mental Health and Developmental
9 Disabilities Code, as now or hereafter amended. If the
10 offender is committed following such hearing, he shall be
11 treated in the same manner as any other civilly committed
12 patient for all purposes except as provided in this
13 Section. If the defendant is not committed pursuant to
14 such hearing, he shall be remanded to the sentencing
15 court for disposition according to the sentence imposed.
16 (3) If the court imposes a sentence of imprisonment
17 upon an offender who has a mental disability but does not
18 proceed under subparagraph (2) of paragraph (c) of this
19 Section, it shall order the Department of Corrections to
20 proceed pursuant to Section 3-8-5 of the Unified Code of
21 Corrections, as now or hereafter amended.
22 (4) If the court imposes a sentence of imprisonment
23 upon an offender who has a physical disability, it may
24 authorize the Department of Corrections to place the
25 offender in a public or private facility which is able to
26 provide care or treatment for the offender's disability
27 and which agrees to do so.
28 (5) When an offender is placed with the Department
29 of Human Services or another facility pursuant to
30 subparagraph (2) or (4) of this paragraph (c), the
31 Department or private facility shall not discharge or
32 allow the offender to be at large in the community
33 without prior approval of the court. If the defendant is
34 placed in the custody of the Department of Human
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1 Services, the defendant shall be placed in a secure
2 setting unless the court determines that there are
3 compelling reasons why such placement is not necessary.
4 The offender shall accrue good time and shall be eligible
5 for parole in the same manner as if he were serving his
6 sentence within the Department of Corrections. When the
7 offender no longer requires hospitalization, care, or
8 treatment, the Department of Human Services or the
9 facility shall transfer him, if his sentence has not
10 expired, to the Department of Corrections. If an
11 offender is transferred to the Department of Corrections,
12 the Department of Human Services shall transfer to the
13 Department of Corrections all related records pertaining
14 to length of custody and treatment services provided
15 during the time the offender was held.
16 (6) The Department of Corrections shall notify the
17 Department of Human Services or a facility in which an
18 offender has been placed pursuant to subparagraph (2) or
19 (4) of paragraph (c) of this Section of the expiration of
20 his sentence. Thereafter, an offender in the Department
21 of Human Services shall continue to be treated pursuant
22 to his commitment order and shall be considered a civilly
23 committed patient for all purposes including discharge.
24 An offender who is in a facility pursuant to subparagraph
25 (4) of paragraph (c) of this Section shall be informed by
26 the facility of the expiration of his sentence, and shall
27 either consent to the continuation of his care or
28 treatment by the facility or shall be discharged.
29 (Source: P.A. 89-507, eff. 7-1-97.)
30 (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
31 Sec. 113-3. (a) Every person charged with an offense
32 shall be allowed counsel before pleading to the charge. If
33 the defendant desires counsel and has been unable to obtain
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1 same before arraignment the court shall recess court or
2 continue the cause for a reasonable time to permit defendant
3 to obtain counsel and consult with him before pleading to the
4 charge. If the accused is a dissolved corporation, and is not
5 represented by counsel, the court may, in the interest of
6 justice, appoint as counsel a licensed attorney of this
7 State.
8 (b) In all cases, except where the penalty is a fine
9 only, if the court determines that the defendant is indigent
10 and desires counsel, the Public Defender shall be appointed
11 as counsel. If there is no Public Defender in the county or
12 if the defendant requests counsel other than the Public
13 Defender and the court finds that the rights of the defendant
14 will be prejudiced by the appointment of the Public Defender,
15 the court shall appoint as counsel a licensed attorney at law
16 of this State, except that in a county having a population of
17 2,000,000 1,000,000 or more the Public Defender shall be
18 appointed as counsel in all misdemeanor cases where the
19 defendant is indigent and desires counsel unless the case
20 involves multiple defendants, in which case the court may
21 appoint counsel other than the Public Defender for the
22 additional defendants. The court shall require an affidavit
23 signed by any defendant who requests court-appointed counsel.
24 Such affidavit shall be in the form established by the
25 Supreme Court containing sufficient information to ascertain
26 the assets and liabilities of that defendant. The Court may
27 direct the Clerk of the Circuit Court to assist the defendant
28 in the completion of the affidavit. Any person who knowingly
29 files such affidavit containing false information concerning
30 his assets and liabilities shall be liable to the county
31 where the case, in which such false affidavit is filed, is
32 pending for the reasonable value of the services rendered by
33 the public defender or other court-appointed counsel in the
34 case to the extent that such services were unjustly or
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1 falsely procured.
2 (c) Upon the filing with the court of a verified
3 statement of services rendered the court shall order the
4 county treasurer of the county of trial to pay counsel other
5 than the Public Defender a reasonable fee. The court shall
6 consider all relevant circumstances, including but not
7 limited to the time spent while court is in session, other
8 time spent in representing the defendant, and expenses
9 reasonably incurred by counsel. In counties with a
10 population greater than 2,000,000, the court shall order the
11 county treasurer of the county of trial to pay counsel other
12 than the Public Defender a reasonable fee stated in the order
13 and based upon a rate of compensation of not more than $40
14 for each hour spent while court is in session and not more
15 than $30 for each hour otherwise spent representing a
16 defendant, and such compensation shall not exceed $150 for
17 each defendant represented in misdemeanor cases and $1250 in
18 felony cases, in addition to expenses reasonably incurred as
19 hereinafter in this Section provided, except that, in
20 extraordinary circumstances, payment in excess of the limits
21 herein stated may be made if the trial court certifies that
22 such payment is necessary to provide fair compensation for
23 protracted representation. A trial court may entertain the
24 filing of this verified statement before the termination of
25 the cause, and may order the provisional payment of sums
26 during the pendency of the cause.
27 (d) (Blank). In capital cases, in addition to counsel,
28 if the court determines that the defendant is indigent the
29 court may, upon the filing with the court of a verified
30 statement of services rendered, order the county Treasurer of
31 the county of trial to pay necessary expert witnesses for
32 defendant reasonable compensation stated in the order not to
33 exceed $250 for each defendant.
34 (e) If the court in any county having a population
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1 greater than 2,000,000 1,000,000 determines that the
2 defendant is indigent the court may, upon the filing with the
3 court of a verified statement of such expenses, order the
4 county treasurer of the county of trial, in such counties
5 having a population greater than 2,000,000 1,000,000 to pay
6 the general expenses of the trial incurred by the defendant
7 not to exceed $50 for each defendant.
8 (f) (Blank). The provisions of this Section relating to
9 appointment of counsel, compensation of counsel, and payment
10 of expenses in capital cases apply except when the
11 compensation and expenses are being provided under the
12 Capital Crimes Litigation Act.
13 (Source: P.A. 91-589, eff. 1-1-00.)
14 (725 ILCS 5/114-5) (from Ch. 38, par. 114-5)
15 Sec. 114-5. Substitution of judge.
16 (a) Within 10 days after a cause involving only one
17 defendant has been placed on the trial call of a judge the
18 defendant may move the court in writing for a substitution of
19 that judge on the ground that such judge is so prejudiced
20 against him that he cannot receive a fair trial. Upon the
21 filing of such a motion the court shall proceed no further in
22 the cause but shall transfer it to another judge not named in
23 the motion. The defendant may name only one judge as
24 prejudiced, pursuant to this subsection; provided, however,
25 that in a case in which the offense charged is a Class X
26 felony or may be punished by death or life imprisonment, the
27 defendant may name two judges as prejudiced.
28 (b) Within 24 hours after a motion is made for
29 substitution of judge in a cause with multiple defendants
30 each defendant shall have the right to move in accordance
31 with subsection (a) of this Section for a substitution of one
32 judge. The total number of judges named as prejudiced by all
33 defendants shall not exceed the total number of defendants.
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1 The first motion for substitution of judge in a cause with
2 multiple defendants shall be made within 10 days after the
3 cause has been placed on the trial call of a judge.
4 (c) Within 10 days after a cause has been placed on the
5 trial call of a judge the State may move the court in writing
6 for a substitution of that judge on the ground that such
7 judge is prejudiced against the State. Upon the filing of
8 such a motion the court shall proceed no further in the cause
9 but shall transfer it to another judge not named in the
10 motion. The State may name only one judge as prejudiced,
11 pursuant to this subsection.
12 (d) In addition to the provisions of subsections (a),
13 (b) and (c) of this Section the State or any defendant may
14 move at any time for substitution of judge for cause,
15 supported by affidavit. Upon the filing of such motion a
16 hearing shall be conducted as soon as possible after its
17 filing by a judge not named in the motion; provided, however,
18 that the judge named in the motion need not testify, but may
19 submit an affidavit if the judge wishes. If the motion is
20 allowed, the case shall be assigned to a judge not named in
21 the motion. If the motion is denied the case shall be
22 assigned back to the judge named in the motion.
23 (Source: P.A. 84-1428.)
24 (725 ILCS 5/115-4) (from Ch. 38, par. 115-4)
25 Sec. 115-4. Trial by Court and Jury.) (a) Questions of
26 law shall be decided by the court and questions of fact by
27 the jury.
28 (b) The jury shall consist of 12 members.
29 (c) Upon request the parties shall be furnished with a
30 list of prospective jurors with their addresses if known.
31 (d) Each party may challenge jurors for cause. If a
32 prospective juror has a physical impairment, the court shall
33 consider such prospective juror's ability to perceive and
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1 appreciate the evidence when considering a challenge for
2 cause.
3 (e) A defendant tried alone shall be allowed 20
4 peremptory challenges in a capital case, 10 peremptory
5 challenges in a case in which the punishment may be
6 imprisonment in the penitentiary, and 5 in all other cases;
7 except that, in a single trial of more than one defendant,
8 each defendant shall be allowed 12 peremptory challenges in a
9 capital case, 6 peremptory challenges in a case in which the
10 punishment may be imprisonment in the penitentiary, and 3 in
11 all other cases. If several charges against a defendant or
12 defendants are consolidated for trial, each defendant shall
13 be allowed peremptory challenges upon one charge only, which
14 single charge shall be the charge against that defendant
15 authorizing the greatest maximum penalty. The State shall be
16 allowed the same number of peremptory challenges as all of
17 the defendants.
18 (f) After examination by the court the jurors may be
19 examined, passed upon, accepted and tendered by opposing
20 counsel as provided by Supreme Court rules.
21 (g) After the jury is impaneled and sworn the court may
22 direct the selection of 2 alternate jurors who shall take the
23 same oath as the regular jurors. Each party shall have one
24 additional peremptory challenge for each alternate juror. If
25 before the final submission of a cause a member of the jury
26 dies or is discharged he shall be replaced by an alternate
27 juror in the order of selection.
28 (h) A trial by the court and jury shall be conducted in
29 the presence of the defendant unless he waives the right to
30 be present.
31 (i) After arguments of counsel the court shall instruct
32 the jury as to the law.
33 (j) Unless the affirmative defense of insanity has been
34 presented during the trial, the jury shall return a general
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1 verdict as to each offense charged. When the affirmative
2 defense of insanity has been presented during the trial, the
3 court shall provide the jury not only with general verdict
4 forms but also with a special verdict form of not guilty by
5 reason of insanity, as to each offense charged, and in such
6 event the court shall separately instruct the jury that a
7 special verdict of not guilty by reason of insanity may be
8 returned instead of a general verdict but such special
9 verdict requires a unanimous finding by the jury that the
10 defendant committed the acts charged but at the time of the
11 commission of those acts the defendant was insane. In the
12 event of a verdict of not guilty by reason of insanity, a
13 hearing shall be held pursuant to the Mental Health and
14 Developmental Disabilities Code to determine whether the
15 defendant is subject to involuntary admission. When the
16 affirmative defense of insanity has been presented during the
17 trial, the court, where warranted by the evidence, shall also
18 provide the jury with a special verdict form of guilty but
19 mentally ill, as to each offense charged and shall separately
20 instruct the jury that a special verdict of guilty but
21 mentally ill may be returned instead of a general verdict,
22 but that such special verdict requires a unanimous finding by
23 the jury that: (1) the State has proven beyond a reasonable
24 doubt that the defendant is guilty of the offense charged;
25 and (2) the defendant has failed to prove his insanity as
26 required in subsection (b) of Section 3-2 of the Criminal
27 Code of 1961, as amended, and subsections (a), (b) and (e) of
28 Section 6-2 of the Criminal Code of 1961, as amended; and (3)
29 the defendant has proven by a preponderance of the evidence
30 that he was mentally ill, as defined in subsections (c) and
31 (d) of Section 6-2 of the Criminal Code of 1961, as amended,
32 at the time of the offense.
33 (k) When, at the close of the State's evidence or at the
34 close of all of the evidence, the evidence is insufficient to
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1 support a finding or verdict of guilty the court may and on
2 motion of the defendant shall make a finding or direct the
3 jury to return a verdict of not guilty, enter a judgment of
4 acquittal and discharge the defendant.
5 (l) When the jury retires to consider its verdict an
6 officer of the court shall be appointed to keep them together
7 and to prevent conversation between the jurors and others;
8 however, if any juror is deaf, the jury may be accompanied by
9 and may communicate with a court-appointed interpreter during
10 its deliberations. Upon agreement between the State and
11 defendant or his counsel the jury may seal and deliver its
12 verdict to the clerk of the court, separate, and then return
13 such verdict in open court at its next session.
14 (m) In the trial of an a capital or other offense, any
15 juror who is a member of a panel or jury which has been
16 impaneled and sworn as a panel or as a jury shall be
17 permitted to separate from other such jurors during every
18 period of adjournment to a later day, until final submission
19 of the cause to the jury for determination, except that no
20 such separation shall be permitted in any trial after the
21 court, upon motion by the defendant or the State or upon its
22 own motion, finds a probability that prejudice to the
23 defendant or to the State will result from such separation.
24 (n) The members of the jury shall be entitled to take
25 notes during the trial, and the sheriff of the county in
26 which the jury is sitting shall provide them with writing
27 materials for this purpose. Such notes shall remain
28 confidential, and shall be destroyed by the sheriff after the
29 verdict has been returned or a mistrial declared.
30 (o) A defendant tried by the court and jury shall only
31 be found guilty, guilty but mentally ill, not guilty or not
32 guilty by reason of insanity, upon the unanimous verdict of
33 the jury.
34 (Source: P.A. 86-392.)
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1 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
2 Sec. 115-4.1. Absence of defendant.
3 (a) When a defendant after arrest and an initial court
4 appearance for a non-capital felony or a misdemeanor, fails
5 to appear for trial, at the request of the State and after
6 the State has affirmatively proven through substantial
7 evidence that the defendant is willfully avoiding trial, the
8 court may commence trial in the absence of the defendant.
9 Absence of a defendant as specified in this Section shall not
10 be a bar to indictment of a defendant, return of information
11 against a defendant, or arraignment of a defendant for the
12 charge for which bail has been granted. If a defendant fails
13 to appear at arraignment, the court may enter a plea of "not
14 guilty" on his behalf. If a defendant absents himself before
15 trial on a capital felony, trial may proceed as specified in
16 this Section provided that the State certifies that it will
17 not seek a death sentence following conviction. Trial in the
18 defendant's absence shall be by jury unless the defendant had
19 previously waived trial by jury. The absent defendant must
20 be represented by retained or appointed counsel. The court,
21 at the conclusion of all of the proceedings, may order the
22 clerk of the circuit court to pay counsel such sum as the
23 court deems reasonable, from any bond monies which were
24 posted by the defendant with the clerk, after the clerk has
25 first deducted all court costs. If trial had previously
26 commenced in the presence of the defendant and the defendant
27 willfully absents himself for two successive court days, the
28 court shall proceed to trial. All procedural rights
29 guaranteed by the United States Constitution, Constitution of
30 the State of Illinois, statutes of the State of Illinois, and
31 rules of court shall apply to the proceedings the same as if
32 the defendant were present in court and had not either
33 forfeited his bail bond or escaped from custody. The court
34 may set the case for a trial which may be conducted under
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1 this Section despite the failure of the defendant to appear
2 at the hearing at which the trial date is set. When such
3 trial date is set the clerk shall send to the defendant, by
4 certified mail at his last known address indicated on his
5 bond slip, notice of the new date which has been set for
6 trial. Such notification shall be required when the
7 defendant was not personally present in open court at the
8 time when the case was set for trial.
9 (b) The absence of a defendant from a trial conducted
10 pursuant to this Section does not operate as a bar to
11 concluding the trial, to a judgment of conviction resulting
12 therefrom, or to a final disposition of the trial in favor of
13 the defendant.
14 (c) Upon a verdict of not guilty, the court shall enter
15 judgment for the defendant. Upon a verdict of guilty, the
16 court shall set a date for the hearing of post-trial motions
17 and shall hear such motion in the absence of the defendant.
18 If post-trial motions are denied, the court shall proceed to
19 conduct a sentencing hearing and to impose a sentence upon
20 the defendant.
21 (d) A defendant who is absent for part of the
22 proceedings of trial, post-trial motions, or sentencing, does
23 not thereby forfeit his right to be present at all remaining
24 proceedings.
25 (e) When a defendant who in his absence has been either
26 convicted or sentenced or both convicted and sentenced
27 appears before the court, he must be granted a new trial or
28 new sentencing hearing if the defendant can establish that
29 his failure to appear in court was both without his fault and
30 due to circumstances beyond his control. A hearing with
31 notice to the State's Attorney on the defendant's request for
32 a new trial or a new sentencing hearing must be held before
33 any such request may be granted. At any such hearing both
34 the defendant and the State may present evidence.
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1 (f) If the court grants only the defendant's request for
2 a new sentencing hearing, then a new sentencing hearing
3 shall be held in accordance with the provisions of the
4 Unified Code of Corrections. At any such hearing, both the
5 defendant and the State may offer evidence of the defendant's
6 conduct during his period of absence from the court. The
7 court may impose any sentence authorized by the Unified Code
8 of Corrections and is not in any way limited or restricted by
9 any sentence previously imposed.
10 (g) A defendant whose motion under paragraph (e) for a
11 new trial or new sentencing hearing has been denied may file
12 a notice of appeal therefrom. Such notice may also include a
13 request for review of the judgment and sentence not vacated
14 by the trial court.
15 (Source: P.A. 90-787, eff. 8-14-98.)
16 (725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
17 Sec. 119-5. Execution of Death Sentence. On or after the
18 effective date of this amendatory Act of the 91st General
19 Assembly no person may be executed in this State.
20 (a) (1) A defendant sentenced to death shall be
21 executed by an intravenous administration of a lethal
22 quantity of an ultrashort-acting barbiturate in
23 combination with a chemical paralytic agent and potassium
24 chloride or other equally effective substances sufficient
25 to cause death until death is pronounced by a licensed
26 physician according to accepted standards of medical
27 practice.
28 (2) If the execution of the sentence of death as
29 provided in paragraph (1) is held illegal or
30 unconstitutional by a reviewing court of competent
31 jurisdiction, the sentence of death shall be carried out
32 by electrocution.
33 (b) In pronouncing the sentence of death the court shall
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1 set the date of the execution which shall be not less than 60
2 nor more than 90 days from the date sentence is pronounced.
3 (c) A sentence of death shall be executed at a
4 Department of Corrections facility.
5 (d) The warden of the penitentiary shall supervise such
6 execution, which shall be conducted in the presence of 6
7 witnesses who shall certify the execution of the sentence.
8 The certification shall be filed with the clerk of the court
9 that imposed the sentence.
10 (e) The identity of executioners and other persons who
11 participate or perform ancillary functions in an execution
12 and information contained in records that would identify
13 those persons shall remain confidential, shall not be subject
14 to disclosure, and shall not be admissible as evidence or be
15 discoverable in any action of any kind in any court or before
16 any tribunal, board, agency, or person. In order to protect
17 the confidentiality of persons participating in an execution,
18 the Director of Corrections may direct that the Department
19 make payments in cash for such services.
20 (f) The amendatory changes to this Section made by this
21 amendatory Act of 1991 are severable under Section 1.31 of
22 the Statute on Statutes.
23 (g) Notwithstanding any other provision of law,
24 assistance, participation in, or the performance of ancillary
25 or other functions pursuant to this Section, including but
26 not limited to the administration of the lethal substance or
27 substances required by this Section, shall not be construed
28 to constitute the practice of medicine.
29 (h) Notwithstanding any other provision of law, any
30 pharmacist or pharmaceutical supplier is authorized to
31 dispense drugs to the Director of Corrections or his or her
32 designee, without prescription, in order to carry out the
33 provisions of this Section.
34 (Source: P.A. 89-8, eff. 3-21-95.)
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1 (725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
2 Sec. 121-13. Pauper Appeals.
3 (a) In any case wherein the defendant was convicted of a
4 felony, if the court determines that the defendant desires
5 counsel on appeal but is indigent the Public Defender or the
6 State Appellate Defender shall be appointed as counsel,
7 unless with the consent of the defendant and for good cause
8 shown, the court may appoint counsel other than the Public
9 Defender or the State Appellate Defender.
10 (b) In any case wherein the defendant was convicted of a
11 felony and a sentence of death was not imposed in the trial
12 court the reviewing court, upon petition of the defendant's
13 counsel made not more frequently than every 60 days after
14 appointment, shall determine a reasonable amount to be
15 allowed an indigent defendant's counsel other than the Public
16 Defender or the State Appellate Defender for compensation and
17 reimbursement of expenditures necessarily incurred in the
18 prosecution of the appeal or review proceedings. The
19 compensation shall not exceed $1500 in each case, except
20 that, in extraordinary circumstances, payment in excess of
21 the limits herein stated may be made if the reviewing court
22 certifies that the payment is necessary to provide fair
23 compensation for protracted representation. The reviewing
24 court shall enter an order directing the county treasurer of
25 the county where the case was tried to pay the amount allowed
26 by the court. The reviewing court may order the provisional
27 payment of sums during the pendency of the cause.
28 (c) In any case in which a sentence of death was imposed
29 in the trial court before the effective date of this
30 amendatory Act of the 91st General Assembly, the Supreme
31 Court, upon written petition of the defendant's counsel made
32 not more than every 60 days after appointment, shall
33 determine reasonable compensation for an indigent defendant's
34 attorneys on appeal. The compensation shall not exceed $2,000
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1 in each case, except that, in extraordinary circumstances,
2 payment in excess of the limits herein stated may be made if
3 the reviewing court certifies that the payment is necessary
4 to provide fair compensation for protracted representation.
5 The Supreme Court shall enter an order directing the county
6 treasurer of the county where the case was tried to pay
7 compensation and reimburse expenditures necessarily incurred
8 in the prosecution of the appeal or review proceedings. The
9 Supreme Court may order the provisional payment of sums
10 during the pendency of the cause.
11 (Source: P.A. 86-318; 87-580.)
12 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
13 Sec. 122-1. Petition in the trial court.
14 (a) Any person imprisoned in the penitentiary who
15 asserts that in the proceedings which resulted in his or her
16 conviction there was a substantial denial of his or her
17 rights under the Constitution of the United States or of the
18 State of Illinois or both may institute a proceeding under
19 this Article.
20 (b) The proceeding shall be commenced by filing with the
21 clerk of the court in which the conviction took place a
22 petition (together with a copy thereof) verified by
23 affidavit. Petitioner shall also serve another copy upon the
24 State's Attorney by any of the methods provided in Rule 7 of
25 the Supreme Court. The clerk shall docket the petition for
26 consideration by the court pursuant to Section 122-2.1 upon
27 his or her receipt thereof and bring the same promptly to the
28 attention of the court.
29 (c) No proceedings under this Article shall be commenced
30 more than 6 months after the denial of a petition for leave
31 to appeal or the date for filing such a petition if none is
32 filed or more than 45 days after the defendant files his or
33 her brief in the appeal of the sentence before the Illinois
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1 Supreme Court (or more than 45 days after the deadline for
2 the filing of the defendant's brief with the Illinois Supreme
3 Court if no brief is filed) or 3 years from the date of
4 conviction, whichever is sooner, unless the petitioner
5 alleges facts showing that the delay was not due to his or
6 her culpable negligence.
7 (d) A person seeking relief by filing a petition under
8 this Section must specify in the petition or its heading that
9 it is filed under this Section. A trial court that has
10 received a petition complaining of a conviction or sentence
11 that fails to specify in the petition or its heading that it
12 is filed under this Section need not evaluate the petition to
13 determine whether it could otherwise have stated some grounds
14 for relief under this Article.
15 (e) (Blank). A proceeding under this Article may not be
16 commenced on behalf of a defendant who has been sentenced to
17 death without the written consent of the defendant, unless
18 the defendant, because of a mental or physical condition, is
19 incapable of asserting his or her own claim.
20 (Source: P.A. 89-284, eff. 1-1-96; 89-609, eff. 1-1-97;
21 89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)
22 (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
23 Sec. 122-2.1. (a) Within 90 days after the filing and
24 docketing of each petition, the court shall examine such
25 petition and enter an order thereon pursuant to this Section.
26 (1) If the petitioner is under sentence of death
27 imposed before the effective date of this amendatory Act
28 of the 91st General Assembly and is without counsel and
29 alleges that he is without means to procure counsel, he
30 shall state whether or not he wishes counsel to be
31 appointed to represent him. If appointment of counsel is
32 so requested, the court shall appoint counsel if
33 satisfied that the petitioner has no means to procure
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1 counsel.
2 (2) If the petitioner is sentenced to imprisonment
3 and the court determines the petition is frivolous or is
4 patently without merit, it shall dismiss the petition in
5 a written order, specifying the findings of fact and
6 conclusions of law it made in reaching its decision.
7 Such order of dismissal is a final judgment and shall be
8 served upon the petitioner by certified mail within 10
9 days of its entry.
10 (b) If the petition is not dismissed pursuant to this
11 Section, the court shall order the petition to be docketed
12 for further consideration in accordance with Sections 122-4
13 through 122-6.
14 (c) In considering a petition pursuant to this Section,
15 the court may examine the court file of the proceeding in
16 which the petitioner was convicted, any action taken by an
17 appellate court in such proceeding and any transcripts of
18 such proceeding.
19 (Source: P.A. 86-655; 87-904.)
20 (725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
21 Sec. 122-4. Pauper Petitions. If the petition is not
22 dismissed pursuant to Section 122-2.1, and alleges that the
23 petitioner is unable to pay the costs of the proceeding, the
24 court may order that the petitioner be permitted to proceed
25 as a poor person and order a transcript of the proceedings
26 delivered to petitioner in accordance with Rule of the
27 Supreme Court. If the petitioner is without counsel and
28 alleges that he is without means to procure counsel, he shall
29 state whether or not he wishes counsel to be appointed to
30 represent him. If appointment of counsel is so requested,
31 and the petition is not dismissed pursuant to Section
32 122-2.1, the court shall appoint counsel if satisfied that
33 the petitioner has no means to procure counsel. A petitioner
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1 who is a prisoner in an Illinois Department of Corrections
2 facility who files a pleading, motion, or other filing that
3 purports to be a legal document seeking post-conviction
4 relief under this Article against the State, the Illinois
5 Department of Corrections, the Prisoner Review Board, or any
6 of their officers or employees in which the court makes a
7 specific finding that the pleading, motion, or other filing
8 that purports to be a legal document is frivolous shall not
9 proceed as a poor person and shall be liable for the full
10 payment of filing fees and actual court costs as provided in
11 Article XXII of the Code of Civil Procedure.
12 A Circuit Court or the Illinois Supreme Court may appoint
13 the State Appellate Defender to provide post-conviction
14 representation in a case in which the defendant was is
15 sentenced to death before the effective date of this
16 amendatory Act of the 91st General Assembly. Any attorney
17 assigned by the Office of the State Appellate Defender to
18 provide post-conviction representation for indigent
19 defendants in cases in which a sentence of death was imposed
20 in the trial court may, from time to time submit bills and
21 time sheets to the Office of the State Appellate Defender for
22 payment of services rendered and the Office of the State
23 Appellate Defender shall pay bills from funds appropriated
24 for this purpose in accordance with rules promulgated by the
25 State Appellate Defender.
26 The court, at the conclusion of the proceedings upon
27 receipt of a petition by the appointed counsel, shall
28 determine a reasonable amount to be allowed an indigent
29 defendant's counsel other than the Public Defender or the
30 State Appellate Defender for compensation and reimbursement
31 of expenditures necessarily incurred in the proceedings. The
32 compensation shall not exceed $500 in each case, except that,
33 in extraordinary circumstances, payment in excess of the
34 limits herein stated may be made if the trial court certifies
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1 that the payment is necessary to provide fair compensation
2 for protracted representation, and the amount is approved by
3 the chief judge of the circuit. The court shall enter an
4 order directing the county treasurer of the county where the
5 case was tried to pay the amount thereby allowed by the
6 court. The court may order the provisional payment of sums
7 during the pendency of the cause.
8 (Source: P.A. 90-505, eff. 8-19-97.)
9 Section 50. The State Appellate Defender Act is amended
10 by changing Sections 10 and 10.5 as follows:
11 (725 ILCS 105/10) (from Ch. 38, par. 208-10)
12 Sec. 10. Powers and duties of State Appellate Defender.
13 (a) The State Appellate Defender shall represent
14 indigent persons on appeal in criminal and delinquent minor
15 proceedings, when appointed to do so by a court under a
16 Supreme Court Rule or law of this State.
17 (b) The State Appellate Defender shall submit a budget
18 for the approval of the State Appellate Defender Commission.
19 (c) The State Appellate Defender may:
20 (1) maintain a panel of private attorneys available
21 to serve as counsel on a case basis;
22 (2) establish programs, alone or in conjunction
23 with law schools, for the purpose of utilizing volunteer
24 law students as legal assistants;
25 (3) cooperate and consult with state agencies,
26 professional associations, and other groups concerning
27 the causes of criminal conduct, the rehabilitation and
28 correction of persons charged with and convicted of
29 crime, the administration of criminal justice, and, in
30 counties of less than 1,000,000 population, study,
31 design, develop and implement model systems for the
32 delivery of trial level defender services, and make an
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1 annual report to the General Assembly;
2 (4) provide investigative services to appointed
3 counsel and county public defenders;
4 (5) (blank). in cases in which a death sentence is
5 an authorized disposition, provide trial counsel with the
6 assistance of expert witnesses, investigators, and
7 mitigation specialists from funds appropriated to the
8 State Appellate Defender specifically for that purpose by
9 the General Assembly. The Office of State Appellate
10 Defender shall not be appointed to serve as trial counsel
11 in capital cases.
12 (d) (Blank). For each State fiscal year, the State
13 Appellate Defender shall appear before the General Assembly
14 and request appropriations to be made from the Capital
15 Litigation Trust Fund to the State Treasurer for the purpose
16 of providing defense assistance in capital cases outside of
17 Cook County. The State Appellate Defender may appear before
18 the General Assembly at other times during the State's fiscal
19 year to request supplemental appropriations from the Trust
20 Fund to the State Treasurer.
21 (e) The requirement for reporting to the General
22 Assembly shall be satisfied by filing copies of the report
23 with the Speaker, the Minority Leader and the Clerk of the
24 House of Representatives and the President, the Minority
25 Leader and the Secretary of the Senate and the Legislative
26 Research Unit, as required by Section 3.1 of the General
27 Assembly Organization Act and filing such additional copies
28 with the State Government Report Distribution Center for the
29 General Assembly as is required under paragraph (t) of
30 Section 7 of the State Library Act.
31 (Source: P.A. 91-589, eff. 1-1-00.)
32 (725 ILCS 105/10.5)
33 Sec. 10.5. Competitive bidding for appellate services.
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1 (a) The State Appellate Defender may, to the extent
2 necessary to dispose of its backlog of indigent criminal
3 appeals, institute a competitive bidding program under which
4 contracts for the services of attorneys in non-death penalty
5 criminal appeals are awarded to the lowest responsible
6 bidder.
7 (b) The State Appellate Defender, before letting out
8 bids for contracts for the services of attorneys to represent
9 indigent defendants on appeal in criminal cases, shall
10 advertise the letting of the bids in a publication or
11 publications of the Illinois State Bar Association, the
12 Chicago Daily Law Bulletin, and the Chicago Lawyer. The
13 State Appellate Defender shall also advertise the letting of
14 the bids in newspapers of general circulation in major
15 municipalities to be determined by the State Appellate
16 Defender. The State Appellate Defender shall mail notices of
17 the letting of the bids to county and local bar associations.
18 (c) Bids may be let in packages of one to 5, appeals.
19 Additional cases may be assigned, in the discretion of the
20 State Appellate Defender, after a successful bidder completes
21 work on existing packages.
22 (d) A bid for services of an attorney under this Section
23 shall be let only to an attorney licensed to practice law in
24 Illinois who has prior criminal appellate experience or to an
25 attorney who is a member or employee of a law firm which has
26 at least one member with that experience. Prospective bidders
27 must furnish legal writing samples that are deemed acceptable
28 to the State Appellate Defender.
29 (e) An attorney who is awarded a contract under this
30 Section shall communicate with each of his or her clients and
31 shall file each initial brief before the due date established
32 by Supreme Court Rule or by the Appellate Court. The State
33 Appellate Defender may rescind the contract for attorney
34 services and may require the return of the record on appeal
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1 if the contracted attorney fails to make satisfactory
2 progress, in the opinion of the State Appellate Defender,
3 toward filing a brief.
4 (f) Gross compensation for completing of a case shall be
5 $40 per hour but shall not exceed $2,000 per case. The
6 contract shall specify the manner of payment.
7 (g) (Blank).
8 (h) (Blank).
9 (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)
10 (725 ILCS 124/Act rep.)
11 Section 55. The Capital Crimes Litigation Act is
12 repealed on July 1, 2002.
13 Section 60. The Uniform Criminal Extradiction Act is
14 amended by changing Section 5 as follows:
15 (725 ILCS 235/5) (from Ch. 38, par. 157-5)
16 Sec. 5. Exceptions.
17 This act does not apply to any person in this State
18 confined as mentally ill or, in need of mental treatment, or
19 under sentence of death.
20 (Source: Laws 1963, p. 2171.)
21 Section 65. The Unified Code of Corrections is amended
22 by changing Sections 3-3-13, 3-8-10, 3-6-3, 5-1-9, 5-4-1,
23 5-5-3, 5-8-1, 5-8-4, and 5-8-5 as follows:
24 (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
25 Sec. 3-3-13. Procedure for Executive Clemency.
26 (a) Petitions seeking pardon, commutation, or reprieve
27 shall be addressed to the Governor and filed with the
28 Prisoner Review Board. The petition shall be in writing and
29 signed by the person under conviction or by a person on his
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1 behalf. It shall contain a brief history of the case, the
2 reasons for seeking executive clemency, and other relevant
3 information the Board may require.
4 (a-5) After a petition has been denied by the Governor,
5 the Board may not accept a repeat petition for executive
6 clemency for the same person until one full year has elapsed
7 from the date of the denial. The Chairman of the Board may
8 waive the one-year requirement if the petitioner offers in
9 writing new information that was unavailable to the
10 petitioner at the time of the filing of the prior petition
11 and which the Chairman determines to be significant. The
12 Chairman also may waive the one-year waiting period if the
13 petitioner can show that a change in circumstances of a
14 compelling humanitarian nature has arisen since the denial of
15 the prior petition.
16 (b) Notice of the proposed application shall be given by
17 the Board to the committing court and the state's attorney of
18 the county where the conviction was had.
19 (c) The Board shall, if requested and upon due notice,
20 give a hearing to each application, allowing representation
21 by counsel, if desired, after which it shall confidentially
22 advise the Governor by a written report of its
23 recommendations which shall be determined by majority vote.
24 The Board shall meet to consider such petitions no less than
25 4 times each year.
26 Application for executive clemency under this Section may
27 not be commenced on behalf of a person who has been sentenced
28 to death without the written consent of the defendant, unless
29 the defendant, because of a mental or physical condition, is
30 incapable of asserting his or her own claim.
31 (d) The Governor shall decide each application and
32 communicate his decision to the Board which shall notify the
33 petitioner.
34 In the event a petitioner who has been convicted of a
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1 Class X felony is granted a release, after the Governor has
2 communicated such decision to the Board, the Board shall give
3 written notice to the Sheriff of the county from which the
4 offender was sentenced if such sheriff has requested that
5 such notice be given on a continuing basis. In cases where
6 arrest of the offender or the commission of the offense took
7 place in any municipality with a population of more than
8 10,000 persons, the Board shall also give written notice to
9 the proper law enforcement agency for said municipality which
10 has requested notice on a continuing basis.
11 (e) Nothing in this Section shall be construed to limit
12 the power of the Governor under the constitution to grant a
13 reprieve, commutation of sentence, or pardon.
14 (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
15 (730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10)
16 Sec. 3-8-10. Intrastate Detainers. Except for persons
17 sentenced to death, Subsection (b), (c) and (e) of Section
18 103-5 of the Code of Criminal Procedure of 1963 shall also
19 apply to persons committed to any institution or facility or
20 program of the Illinois Department of Corrections who have
21 untried complaints, charges or indictments pending in any
22 county of this State, and such person shall include in the
23 demand under subsection (b), a statement of the place of
24 present commitment, the term, and length of the remaining
25 term, the charges pending against him or her to be tried and
26 the county of the charges, and the demand shall be addressed
27 to the state's attorney of the county where he or she is
28 charged with a copy to the clerk of that court and a copy to
29 the chief administrative officer of the Department of
30 Corrections institution or facility to which he or she is
31 committed. The state's attorney shall then procure the
32 presence of the defendant for trial in his county by habeas
33 corpus. Additional time may be granted by the court for the
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1 process of bringing and serving an order of habeas corpus ad
2 prosequendum. In the event that the person is not brought to
3 trial within the allotted time, then the charge for which he
4 or she has requested a speedy trial shall be dismissed.
5 (Source: P.A. 83-346.)
6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
7 Sec. 3-6-3. Rules and Regulations for Early Release.
8 (a) (1) The Department of Corrections shall
9 prescribe rules and regulations for the early release on
10 account of good conduct of persons committed to the
11 Department which shall be subject to review by the
12 Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after June 19, 1998, the following:
16 (i) that a prisoner who is serving a term of
17 imprisonment for first degree murder shall receive
18 no good conduct credit and shall serve the entire
19 sentence imposed by the court;
20 (ii) that a prisoner serving a sentence for
21 attempt to commit first degree murder, solicitation
22 of murder, solicitation of murder for hire,
23 intentional homicide of an unborn child, predatory
24 criminal sexual assault of a child, aggravated
25 criminal sexual assault, criminal sexual assault,
26 aggravated kidnapping, aggravated battery with a
27 firearm, heinous battery, aggravated battery of a
28 senior citizen, or aggravated battery of a child
29 shall receive no more than 4.5 days of good conduct
30 credit for each month of his or her sentence of
31 imprisonment; and
32 (iii) that a prisoner serving a sentence for
33 home invasion, armed robbery, aggravated vehicular
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1 hijacking, aggravated discharge of a firearm, or
2 armed violence with a category I weapon or category
3 II weapon, when the court has made and entered a
4 finding, pursuant to subsection (c-1) of Section
5 5-4-1 of this Code, that the conduct leading to
6 conviction for the enumerated offense resulted in
7 great bodily harm to a victim, shall receive no more
8 than 4.5 days of good conduct credit for each month
9 of his or her sentence of imprisonment.
10 (2.1) For all offenses, other than those enumerated
11 in subdivision (a)(2) committed on or after June 19,
12 1998, and other than the offense of reckless homicide as
13 defined in subsection (e) of Section 9-3 of the Criminal
14 Code of 1961 committed on or after January 1, 1999, the
15 rules and regulations shall provide that a prisoner who
16 is serving a term of imprisonment shall receive one day
17 of good conduct credit for each day of his or her
18 sentence of imprisonment or recommitment under Section
19 3-3-9. Each day of good conduct credit shall reduce by
20 one day the prisoner's period of imprisonment or
21 recommitment under Section 3-3-9.
22 (2.2) A prisoner serving a term of natural life
23 imprisonment or a prisoner who has been sentenced to
24 death shall receive no good conduct credit.
25 (2.3) The rules and regulations on early release
26 shall provide that a prisoner who is serving a sentence
27 for reckless homicide as defined in subsection (e) of
28 Section 9-3 of the Criminal Code of 1961 committed on or
29 after January 1, 1999 shall receive no more than 4.5 days
30 of good conduct credit for each month of his or her
31 sentence of imprisonment.
32 (2.4) The rules and regulations on early release
33 shall provide with respect to the offenses of aggravated
34 battery with a machine gun or a firearm equipped with any
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1 device or attachment designed or used for silencing the
2 report of a firearm or aggravated discharge of a machine
3 gun or a firearm equipped with any device or attachment
4 designed or used for silencing the report of a firearm,
5 committed on or after the effective date of this
6 amendatory Act of 1999, that a prisoner serving a
7 sentence for any of these offenses shall receive no more
8 than 4.5 days of good conduct credit for each month of
9 his or her sentence of imprisonment.
10 (3) The rules and regulations shall also provide
11 that the Director may award up to 180 days additional
12 good conduct credit for meritorious service in specific
13 instances as the Director deems proper; except that no
14 more than 90 days of good conduct credit for meritorious
15 service shall be awarded to any prisoner who is serving a
16 sentence for conviction of first degree murder, reckless
17 homicide while under the influence of alcohol or any
18 other drug, aggravated kidnapping, kidnapping, predatory
19 criminal sexual assault of a child, aggravated criminal
20 sexual assault, criminal sexual assault, deviate sexual
21 assault, aggravated criminal sexual abuse, aggravated
22 indecent liberties with a child, indecent liberties with
23 a child, child pornography, heinous battery, aggravated
24 battery of a spouse, aggravated battery of a spouse with
25 a firearm, stalking, aggravated stalking, aggravated
26 battery of a child, endangering the life or health of a
27 child, cruelty to a child, or narcotic racketeering.
28 Notwithstanding the foregoing, good conduct credit for
29 meritorious service shall not be awarded on a sentence of
30 imprisonment imposed for conviction of: (i) one of the
31 offenses enumerated in subdivision (a)(2) when the
32 offense is committed on or after June 19, 1998, (ii)
33 reckless homicide as defined in subsection (e) of Section
34 9-3 of the Criminal Code of 1961 when the offense is
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1 committed on or after January 1, 1999, or (iii) for
2 conviction of one of the offenses enumerated in
3 subdivision (a)(2.4) when the offense is committed on or
4 after the effective date of this amendatory Act of 1999.
5 (4) The rules and regulations shall also provide
6 that the good conduct credit accumulated and retained
7 under paragraph (2.1) of subsection (a) of this Section
8 by any inmate during specific periods of time in which
9 such inmate is engaged full-time in substance abuse
10 programs, correctional industry assignments, or
11 educational programs provided by the Department under
12 this paragraph (4) and satisfactorily completes the
13 assigned program as determined by the standards of the
14 Department, shall be multiplied by a factor of 1.25 for
15 program participation before August 11, 1993 and 1.50 for
16 program participation on or after that date. However, no
17 inmate shall be eligible for the additional good conduct
18 credit under this paragraph (4) while assigned to a boot
19 camp, mental health unit, or electronic detention, or if
20 convicted of an offense enumerated in paragraph (a)(2) of
21 this Section that is committed on or after June 19, 1998,
22 or if convicted of reckless homicide as defined in
23 subsection (e) of Section 9-3 of the Criminal Code of
24 1961 if the offense is committed on or after January 1,
25 1999, or if convicted of an offense enumerated in
26 paragraph (a)(2.4) of this Section that is committed on
27 or after the effective date of this amendatory Act of
28 1999, or first degree murder, a Class X felony, criminal
29 sexual assault, felony criminal sexual abuse, aggravated
30 criminal sexual abuse, aggravated battery with a firearm,
31 or any predecessor or successor offenses with the same or
32 substantially the same elements, or any inchoate offenses
33 relating to the foregoing offenses. No inmate shall be
34 eligible for the additional good conduct credit under
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1 this paragraph (4) who (i) has previously received
2 increased good conduct credit under this paragraph (4)
3 and has subsequently been convicted of a felony, or (ii)
4 has previously served more than one prior sentence of
5 imprisonment for a felony in an adult correctional
6 facility.
7 Educational, vocational, substance abuse and
8 correctional industry programs under which good conduct
9 credit may be increased under this paragraph (4) shall be
10 evaluated by the Department on the basis of documented
11 standards. The Department shall report the results of
12 these evaluations to the Governor and the General
13 Assembly by September 30th of each year. The reports
14 shall include data relating to the recidivism rate among
15 program participants.
16 Availability of these programs shall be subject to
17 the limits of fiscal resources appropriated by the
18 General Assembly for these purposes. Eligible inmates
19 who are denied immediate admission shall be placed on a
20 waiting list under criteria established by the
21 Department. The inability of any inmate to become
22 engaged in any such programs by reason of insufficient
23 program resources or for any other reason established
24 under the rules and regulations of the Department shall
25 not be deemed a cause of action under which the
26 Department or any employee or agent of the Department
27 shall be liable for damages to the inmate.
28 (5) Whenever the Department is to release any
29 inmate earlier than it otherwise would because of a grant
30 of good conduct credit for meritorious service given at
31 any time during the term, the Department shall give
32 reasonable advance notice of the impending release to the
33 State's Attorney of the county where the prosecution of
34 the inmate took place.
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1 (b) Whenever a person is or has been committed under
2 several convictions, with separate sentences, the sentences
3 shall be construed under Section 5-8-4 in granting and
4 forfeiting of good time.
5 (c) The Department shall prescribe rules and regulations
6 for revoking good conduct credit, or suspending or reducing
7 the rate of accumulation of good conduct credit for specific
8 rule violations, during imprisonment. These rules and
9 regulations shall provide that no inmate may be penalized
10 more than one year of good conduct credit for any one
11 infraction.
12 When the Department seeks to revoke, suspend or reduce
13 the rate of accumulation of any good conduct credits for an
14 alleged infraction of its rules, it shall bring charges
15 therefor against the prisoner sought to be so deprived of
16 good conduct credits before the Prisoner Review Board as
17 provided in subparagraph (a)(4) of Section 3-3-2 of this
18 Code, if the amount of credit at issue exceeds 30 days or
19 when during any 12 month period, the cumulative amount of
20 credit revoked exceeds 30 days except where the infraction is
21 committed or discovered within 60 days of scheduled release.
22 In those cases, the Department of Corrections may revoke up
23 to 30 days of good conduct credit. The Board may subsequently
24 approve the revocation of additional good conduct credit, if
25 the Department seeks to revoke good conduct credit in excess
26 of 30 days. However, the Board shall not be empowered to
27 review the Department's decision with respect to the loss of
28 30 days of good conduct credit within any calendar year for
29 any prisoner or to increase any penalty beyond the length
30 requested by the Department.
31 The Director of the Department of Corrections, in
32 appropriate cases, may restore up to 30 days good conduct
33 credits which have been revoked, suspended or reduced. Any
34 restoration of good conduct credits in excess of 30 days
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1 shall be subject to review by the Prisoner Review Board.
2 However, the Board may not restore good conduct credit in
3 excess of the amount requested by the Director.
4 Nothing contained in this Section shall prohibit the
5 Prisoner Review Board from ordering, pursuant to Section
6 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
7 the sentence imposed by the court that was not served due to
8 the accumulation of good conduct credit.
9 (d) If a lawsuit is filed by a prisoner in an Illinois
10 or federal court against the State, the Department of
11 Corrections, or the Prisoner Review Board, or against any of
12 their officers or employees, and the court makes a specific
13 finding that a pleading, motion, or other paper filed by the
14 prisoner is frivolous, the Department of Corrections shall
15 conduct a hearing to revoke up to 180 days of good conduct
16 credit by bringing charges against the prisoner sought to be
17 deprived of the good conduct credits before the Prisoner
18 Review Board as provided in subparagraph (a)(8) of Section
19 3-3-2 of this Code. If the prisoner has not accumulated 180
20 days of good conduct credit at the time of the finding, then
21 the Prisoner Review Board may revoke all good conduct credit
22 accumulated by the prisoner.
23 For purposes of this subsection (d):
24 (1) "Frivolous" means that a pleading, motion, or
25 other filing which purports to be a legal document filed
26 by a prisoner in his or her lawsuit meets any or all of
27 the following criteria:
28 (A) it lacks an arguable basis either in law
29 or in fact;
30 (B) it is being presented for any improper
31 purpose, such as to harass or to cause unnecessary
32 delay or needless increase in the cost of
33 litigation;
34 (C) the claims, defenses, and other legal
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1 contentions therein are not warranted by existing
2 law or by a nonfrivolous argument for the extension,
3 modification, or reversal of existing law or the
4 establishment of new law;
5 (D) the allegations and other factual
6 contentions do not have evidentiary support or, if
7 specifically so identified, are not likely to have
8 evidentiary support after a reasonable opportunity
9 for further investigation or discovery; or
10 (E) the denials of factual contentions are not
11 warranted on the evidence, or if specifically so
12 identified, are not reasonably based on a lack of
13 information or belief.
14 (2) "Lawsuit" means a petition for post-conviction
15 relief under Article 122 of the Code of Criminal
16 Procedure of 1963, a motion pursuant to Section 116-3 of
17 the Code of Criminal Procedure of 1963, a habeas corpus
18 action under Article X of the Code of Civil Procedure or
19 under federal law (28 U.S.C. 2254), a petition for claim
20 under the Court of Claims Act or an action under the
21 federal Civil Rights Act (42 U.S.C. 1983).
22 (e) Nothing in this amendatory Act of 1998 affects the
23 validity of Public Act 89-404.
24 (Source: P.A. 90-141, eff. 1-1-98; 90-505, eff. 8-19-97;
25 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-655, eff.
26 7-30-98; 90-740, eff. 1-1-99; 91-121, eff. 7-15-99; 91-357,
27 eff. 7-29-99.)
28 (730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9)
29 Sec. 5-1-9. Felony.
30 "Felony" means an offense for which a sentence to death
31 or to a term of imprisonment in a penitentiary for one year
32 or more is provided.
33 (Source: P.A. 77-2097.)
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1 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
2 Sec. 5-4-1. Sentencing Hearing.
3 (a) Except when the death penalty is sought under
4 hearing procedures otherwise specified, After a determination
5 of guilt, a hearing shall be held to impose the sentence.
6 However, prior to the imposition of sentence on an individual
7 being sentenced for an offense based upon a charge for a
8 violation of Section 11-501 of the Illinois Vehicle Code or a
9 similar provision of a local ordinance, the individual must
10 undergo a professional evaluation to determine if an alcohol
11 or other drug abuse problem exists and the extent of such a
12 problem. Programs conducting these evaluations shall be
13 licensed by the Department of Human Services. However, if
14 the individual is not a resident of Illinois, the court may,
15 in its discretion, accept an evaluation from a program in the
16 state of such individual's residence. The court may in its
17 sentencing order approve an eligible defendant for placement
18 in a Department of Corrections impact incarceration program
19 as provided in Section 5-8-1.1. At the hearing the court
20 shall:
21 (1) consider the evidence, if any, received upon
22 the trial;
23 (2) consider any presentence reports;
24 (3) consider the financial impact of incarceration
25 based on the financial impact statement filed with the
26 clerk of the court by the Department of Corrections;
27 (4) consider evidence and information offered by
28 the parties in aggravation and mitigation;
29 (5) hear arguments as to sentencing alternatives;
30 (6) afford the defendant the opportunity to make a
31 statement in his own behalf;
32 (7) afford the victim of a violent crime or a
33 violation of Section 11-501 of the Illinois Vehicle Code,
34 or a similar provision of a local ordinance, committed by
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1 the defendant the opportunity to make a statement
2 concerning the impact on the victim and to offer evidence
3 in aggravation or mitigation; provided that the statement
4 and evidence offered in aggravation or mitigation must
5 first be prepared in writing in conjunction with the
6 State's Attorney before it may be presented orally at the
7 hearing. Any sworn testimony offered by the victim is
8 subject to the defendant's right to cross-examine. All
9 statements and evidence offered under this paragraph (7)
10 shall become part of the record of the court; and
11 (8) in cases of reckless homicide afford the
12 victim's spouse, guardians, parents or other immediate
13 family members an opportunity to make oral statements.
14 (b) All sentences shall be imposed by the judge based
15 upon his independent assessment of the elements specified
16 above and any agreement as to sentence reached by the
17 parties. The judge who presided at the trial or the judge
18 who accepted the plea of guilty shall impose the sentence
19 unless he is no longer sitting as a judge in that court.
20 Where the judge does not impose sentence at the same time on
21 all defendants who are convicted as a result of being
22 involved in the same offense, the defendant or the State's
23 Attorney may advise the sentencing court of the disposition
24 of any other defendants who have been sentenced.
25 (c) In imposing a sentence for a violent crime or for an
26 offense of operating or being in physical control of a
27 vehicle while under the influence of alcohol, any other drug
28 or any combination thereof, or a similar provision of a local
29 ordinance, when such offense resulted in the personal injury
30 to someone other than the defendant, the trial judge shall
31 specify on the record the particular evidence, information,
32 factors in mitigation and aggravation or other reasons that
33 led to his sentencing determination. The full verbatim record
34 of the sentencing hearing shall be filed with the clerk of
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1 the court and shall be a public record.
2 (c-1) In imposing a sentence for the offense of
3 aggravated kidnapping for ransom, home invasion, armed
4 robbery, aggravated vehicular hijacking, aggravated discharge
5 of a firearm, or armed violence with a category I weapon or
6 category II weapon, the trial judge shall make a finding as
7 to whether the conduct leading to conviction for the offense
8 resulted in great bodily harm to a victim, and shall enter
9 that finding and the basis for that finding in the record.
10 (c-2) If the defendant is sentenced to prison, other
11 than when a sentence of natural life imprisonment or a
12 sentence of death is imposed, at the time the sentence is
13 imposed the judge shall state on the record in open court the
14 approximate period of time the defendant will serve in
15 custody according to the then current statutory rules and
16 regulations for early release found in Section 3-6-3 and
17 other related provisions of this Code. This statement is
18 intended solely to inform the public, has no legal effect on
19 the defendant's actual release, and may not be relied on by
20 the defendant on appeal.
21 The judge's statement, to be given after pronouncing the
22 sentence, other than when the sentence is imposed for one of
23 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
24 shall include the following:
25 "The purpose of this statement is to inform the public of
26 the actual period of time this defendant is likely to spend
27 in prison as a result of this sentence. The actual period of
28 prison time served is determined by the statutes of Illinois
29 as applied to this sentence by the Illinois Department of
30 Corrections and the Illinois Prisoner Review Board. In this
31 case, assuming the defendant receives all of his or her good
32 conduct credit, the period of estimated actual custody is ...
33 years and ... months, less up to 180 days additional good
34 conduct credit for meritorious service. If the defendant,
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1 because of his or her own misconduct or failure to comply
2 with the institutional regulations, does not receive those
3 credits, the actual time served in prison will be longer.
4 The defendant may also receive an additional one-half day
5 good conduct credit for each day of participation in
6 vocational, industry, substance abuse, and educational
7 programs as provided for by Illinois statute."
8 When the sentence is imposed for one of the offenses
9 enumerated in paragraph (a)(3) of Section 3-6-3, other than
10 when the sentence is imposed for one of the offenses
11 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
12 or after June 19, 1998, and other than when the sentence is
13 imposed for reckless homicide as defined in subsection (e) of
14 Section 9-3 of the Criminal Code of 1961 if the offense was
15 committed on or after January 1, 1999, the judge's statement,
16 to be given after pronouncing the sentence, shall include the
17 following:
18 "The purpose of this statement is to inform the public of
19 the actual period of time this defendant is likely to spend
20 in prison as a result of this sentence. The actual period of
21 prison time served is determined by the statutes of Illinois
22 as applied to this sentence by the Illinois Department of
23 Corrections and the Illinois Prisoner Review Board. In this
24 case, assuming the defendant receives all of his or her good
25 conduct credit, the period of estimated actual custody is ...
26 years and ... months, less up to 90 days additional good
27 conduct credit for meritorious service. If the defendant,
28 because of his or her own misconduct or failure to comply
29 with the institutional regulations, does not receive those
30 credits, the actual time served in prison will be longer.
31 The defendant may also receive an additional one-half day
32 good conduct credit for each day of participation in
33 vocational, industry, substance abuse, and educational
34 programs as provided for by Illinois statute."
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1 When the sentence is imposed for one of the offenses
2 enumerated in paragraph (a)(2) of Section 3-6-3, other than
3 first degree murder, and the offense was committed on or
4 after June 19, 1998, and when the sentence is imposed for
5 reckless homicide as defined in subsection (e) of Section 9-3
6 of the Criminal Code of 1961 if the offense was committed on
7 or after January 1, 1999, the judge's statement, to be given
8 after pronouncing the sentence, shall include the following:
9 "The purpose of this statement is to inform the public of
10 the actual period of time this defendant is likely to spend
11 in prison as a result of this sentence. The actual period of
12 prison time served is determined by the statutes of Illinois
13 as applied to this sentence by the Illinois Department of
14 Corrections and the Illinois Prisoner Review Board. In this
15 case, the defendant is entitled to no more than 4 1/2 days of
16 good conduct credit for each month of his or her sentence of
17 imprisonment. Therefore, this defendant will serve at least
18 85% of his or her sentence. Assuming the defendant receives
19 4 1/2 days credit for each month of his or her sentence, the
20 period of estimated actual custody is ... years and ...
21 months. If the defendant, because of his or her own
22 misconduct or failure to comply with the institutional
23 regulations receives lesser credit, the actual time served in
24 prison will be longer."
25 When a sentence of imprisonment is imposed for first
26 degree murder and the offense was committed on or after June
27 19, 1998, the judge's statement, to be given after
28 pronouncing the sentence, shall include the following:
29 "The purpose of this statement is to inform the public of
30 the actual period of time this defendant is likely to spend
31 in prison as a result of this sentence. The actual period of
32 prison time served is determined by the statutes of Illinois
33 as applied to this sentence by the Illinois Department of
34 Corrections and the Illinois Prisoner Review Board. In this
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1 case, the defendant is not entitled to good conduct credit.
2 Therefore, this defendant will serve 100% of his or her
3 sentence."
4 (d) When the defendant is committed to the Department of
5 Corrections, the State's Attorney shall and counsel for the
6 defendant may file a statement with the clerk of the court to
7 be transmitted to the department, agency or institution to
8 which the defendant is committed to furnish such department,
9 agency or institution with the facts and circumstances of the
10 offense for which the person was committed together with all
11 other factual information accessible to them in regard to the
12 person prior to his commitment relative to his habits,
13 associates, disposition and reputation and any other facts
14 and circumstances which may aid such department, agency or
15 institution during its custody of such person. The clerk
16 shall within 10 days after receiving any such statements
17 transmit a copy to such department, agency or institution and
18 a copy to the other party, provided, however, that this shall
19 not be cause for delay in conveying the person to the
20 department, agency or institution to which he has been
21 committed.
22 (e) The clerk of the court shall transmit to the
23 department, agency or institution, if any, to which the
24 defendant is committed, the following:
25 (1) the sentence imposed;
26 (2) any statement by the court of the basis for
27 imposing the sentence;
28 (3) any presentence reports;
29 (4) the number of days, if any, which the defendant
30 has been in custody and for which he is entitled to
31 credit against the sentence, which information shall be
32 provided to the clerk by the sheriff;
33 (4.1) any finding of great bodily harm made by the
34 court with respect to an offense enumerated in subsection
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1 (c-1);
2 (5) all statements filed under subsection (d) of
3 this Section;
4 (6) any medical or mental health records or
5 summaries of the defendant;
6 (7) the municipality where the arrest of the
7 offender or the commission of the offense has occurred,
8 where such municipality has a population of more than
9 25,000 persons;
10 (8) all statements made and evidence offered under
11 paragraph (7) of subsection (a) of this Section; and
12 (9) all additional matters which the court directs
13 the clerk to transmit.
14 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
15 90-740, eff. 1-1-99; 91-357, eff. 7-29-99.)
16 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
17 Sec. 5-5-3. Disposition.
18 (a) Every person convicted of an offense shall be
19 sentenced as provided in this Section.
20 (b) The following options shall be appropriate
21 dispositions, alone or in combination, for all felonies and
22 misdemeanors other than those identified in subsection (c) of
23 this Section:
24 (1) A period of probation.
25 (2) A term of periodic imprisonment.
26 (3) A term of conditional discharge.
27 (4) A term of imprisonment.
28 (5) An order directing the offender to clean up and
29 repair the damage, if the offender was convicted under
30 paragraph (h) of Section 21-1 of the Criminal Code of
31 1961.
32 (6) A fine.
33 (7) An order directing the offender to make
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1 restitution to the victim under Section 5-5-6 of this
2 Code.
3 (8) A sentence of participation in a county impact
4 incarceration program under Section 5-8-1.2 of this Code.
5 Whenever an individual is sentenced for an offense based
6 upon an arrest for a violation of Section 11-501 of the
7 Illinois Vehicle Code, or a similar provision of a local
8 ordinance, and the professional evaluation recommends
9 remedial or rehabilitative treatment or education, neither
10 the treatment nor the education shall be the sole disposition
11 and either or both may be imposed only in conjunction with
12 another disposition. The court shall monitor compliance with
13 any remedial education or treatment recommendations contained
14 in the professional evaluation. Programs conducting alcohol
15 or other drug evaluation or remedial education must be
16 licensed by the Department of Human Services. However, if
17 the individual is not a resident of Illinois, the court may
18 accept an alcohol or other drug evaluation or remedial
19 education program in the state of such individual's
20 residence. Programs providing treatment must be licensed
21 under existing applicable alcoholism and drug treatment
22 licensure standards.
23 In addition to any other fine or penalty required by law,
24 any individual convicted of a violation of Section 11-501 of
25 the Illinois Vehicle Code or a similar provision of local
26 ordinance, whose operation of a motor vehicle while in
27 violation of Section 11-501 or such ordinance proximately
28 caused an incident resulting in an appropriate emergency
29 response, shall be required to make restitution to a public
30 agency for the costs of that emergency response. Such
31 restitution shall not exceed $500 per public agency for each
32 such emergency response. For the purpose of this paragraph,
33 emergency response shall mean any incident requiring a
34 response by: a police officer as defined under Section 1-162
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1 of the Illinois Vehicle Code; a fireman carried on the rolls
2 of a regularly constituted fire department; and an ambulance
3 as defined under Section 4.05 of the Emergency Medical
4 Services (EMS) Systems Act.
5 Neither a fine nor restitution shall be the sole
6 disposition for a felony and either or both may be imposed
7 only in conjunction with another disposition.
8 (c) (1) When a defendant is found guilty of first degree
9 murder the defendant shall be sentenced to a term of
10 State may either seek a sentence of imprisonment under
11 Section 5-8-1 of this Code, or where appropriate seek a
12 sentence of death under Section 9-1 of the Criminal Code
13 of 1961.
14 (2) A period of probation, a term of periodic
15 imprisonment or conditional discharge shall not be
16 imposed for the following offenses. The court shall
17 sentence the offender to not less than the minimum term
18 of imprisonment set forth in this Code for the following
19 offenses, and may order a fine or restitution or both in
20 conjunction with such term of imprisonment:
21 (A) First degree murder where the death
22 penalty is not imposed.
23 (B) Attempted first degree murder.
24 (C) A Class X felony.
25 (D) A violation of Section 401.1 or 407 of the
26 Illinois Controlled Substances Act, or a violation
27 of subdivision (c)(2) of Section 401 of that Act
28 which relates to more than 5 grams of a substance
29 containing cocaine or an analog thereof.
30 (E) A violation of Section 5.1 or 9 of the
31 Cannabis Control Act.
32 (F) A Class 2 or greater felony if the
33 offender had been convicted of a Class 2 or greater
34 felony within 10 years of the date on which the
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1 offender committed the offense for which he or she
2 is being sentenced, except as otherwise provided in
3 Section 40-10 of the Alcoholism and Other Drug Abuse
4 and Dependency Act.
5 (G) Residential burglary, except as otherwise
6 provided in Section 40-10 of the Alcoholism and
7 Other Drug Abuse and Dependency Act.
8 (H) Criminal sexual assault, except as
9 otherwise provided in subsection (e) of this
10 Section.
11 (I) Aggravated battery of a senior citizen.
12 (J) A forcible felony if the offense was
13 related to the activities of an organized gang.
14 Before July 1, 1994, for the purposes of this
15 paragraph, "organized gang" means an association of
16 5 or more persons, with an established hierarchy,
17 that encourages members of the association to
18 perpetrate crimes or provides support to the members
19 of the association who do commit crimes.
20 Beginning July 1, 1994, for the purposes of
21 this paragraph, "organized gang" has the meaning
22 ascribed to it in Section 10 of the Illinois
23 Streetgang Terrorism Omnibus Prevention Act.
24 (K) Vehicular hijacking.
25 (L) A second or subsequent conviction for the
26 offense of hate crime when the underlying offense
27 upon which the hate crime is based is felony
28 aggravated assault or felony mob action.
29 (M) A second or subsequent conviction for the
30 offense of institutional vandalism if the damage to
31 the property exceeds $300.
32 (N) A Class 3 felony violation of paragraph
33 (1) of subsection (a) of Section 2 of the Firearm
34 Owners Identification Card Act.
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1 (O) A violation of Section 12-6.1 of the
2 Criminal Code of 1961.
3 (P) A violation of paragraph (1), (2), (3),
4 (4), (5), or (7) of subsection (a) of Section
5 11-20.1 of the Criminal Code of 1961.
6 (Q) A violation of Section 20-1.2 of the
7 Criminal Code of 1961.
8 (R) A violation of Section 24-3A of the
9 Criminal Code of 1961.
10 (3) A minimum term of imprisonment of not less than
11 48 consecutive hours or 100 hours of community service as
12 may be determined by the court shall be imposed for a
13 second or subsequent violation committed within 5 years
14 of a previous violation of Section 11-501 of the Illinois
15 Vehicle Code or a similar provision of a local ordinance.
16 (4) A minimum term of imprisonment of not less than
17 7 consecutive days or 30 days of community service shall
18 be imposed for a violation of paragraph (c) of Section
19 6-303 of the Illinois Vehicle Code.
20 (4.1) A minimum term of 30 consecutive days of
21 imprisonment, 40 days of 24 hour periodic imprisonment or
22 720 hours of community service, as may be determined by
23 the court, shall be imposed for a violation of Section
24 11-501 of the Illinois Vehicle Code during a period in
25 which the defendant's driving privileges are revoked or
26 suspended, where the revocation or suspension was for a
27 violation of Section 11-501 or Section 11-501.1 of that
28 Code.
29 (5) The court may sentence an offender convicted of
30 a business offense or a petty offense or a corporation or
31 unincorporated association convicted of any offense to:
32 (A) a period of conditional discharge;
33 (B) a fine;
34 (C) make restitution to the victim under
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1 Section 5-5-6 of this Code.
2 (6) In no case shall an offender be eligible for a
3 disposition of probation or conditional discharge for a
4 Class 1 felony committed while he was serving a term of
5 probation or conditional discharge for a felony.
6 (7) When a defendant is adjudged a habitual
7 criminal under Article 33B of the Criminal Code of 1961,
8 the court shall sentence the defendant to a term of
9 natural life imprisonment.
10 (8) When a defendant, over the age of 21 years, is
11 convicted of a Class 1 or Class 2 felony, after having
12 twice been convicted of any Class 2 or greater Class
13 felonies in Illinois, and such charges are separately
14 brought and tried and arise out of different series of
15 acts, such defendant shall be sentenced as a Class X
16 offender. This paragraph shall not apply unless (1) the
17 first felony was committed after the effective date of
18 this amendatory Act of 1977; and (2) the second felony
19 was committed after conviction on the first; and (3) the
20 third felony was committed after conviction on the
21 second.
22 (9) A defendant convicted of a second or subsequent
23 offense of ritualized abuse of a child may be sentenced
24 to a term of natural life imprisonment.
25 (d) In any case in which a sentence originally imposed
26 is vacated, the case shall be remanded to the trial court.
27 The trial court shall hold a hearing under Section 5-4-1 of
28 the Unified Code of Corrections which may include evidence of
29 the defendant's life, moral character and occupation during
30 the time since the original sentence was passed. The trial
31 court shall then impose sentence upon the defendant. The
32 trial court may impose any sentence which could have been
33 imposed at the original trial subject to Section 5-5-4 of the
34 Unified Code of Corrections.
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1 (e) In cases where prosecution for criminal sexual
2 assault or aggravated criminal sexual abuse under Section
3 12-13 or 12-16 of the Criminal Code of 1961 results in
4 conviction of a defendant who was a family member of the
5 victim at the time of the commission of the offense, the
6 court shall consider the safety and welfare of the victim and
7 may impose a sentence of probation only where:
8 (1) the court finds (A) or (B) or both are
9 appropriate:
10 (A) the defendant is willing to undergo a
11 court approved counseling program for a minimum
12 duration of 2 years; or
13 (B) the defendant is willing to participate in
14 a court approved plan including but not limited to
15 the defendant's:
16 (i) removal from the household;
17 (ii) restricted contact with the victim;
18 (iii) continued financial support of the
19 family;
20 (iv) restitution for harm done to the
21 victim; and
22 (v) compliance with any other measures
23 that the court may deem appropriate; and
24 (2) the court orders the defendant to pay for the
25 victim's counseling services, to the extent that the
26 court finds, after considering the defendant's income and
27 assets, that the defendant is financially capable of
28 paying for such services, if the victim was under 18
29 years of age at the time the offense was committed and
30 requires counseling as a result of the offense.
31 Probation may be revoked or modified pursuant to Section
32 5-6-4; except where the court determines at the hearing that
33 the defendant violated a condition of his or her probation
34 restricting contact with the victim or other family members
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1 or commits another offense with the victim or other family
2 members, the court shall revoke the defendant's probation and
3 impose a term of imprisonment.
4 For the purposes of this Section, "family member" and
5 "victim" shall have the meanings ascribed to them in Section
6 12-12 of the Criminal Code of 1961.
7 (f) This Article shall not deprive a court in other
8 proceedings to order a forfeiture of property, to suspend or
9 cancel a license, to remove a person from office, or to
10 impose any other civil penalty.
11 (g) Whenever a defendant is convicted of an offense
12 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
13 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
14 12-15 or 12-16 of the Criminal Code of 1961, the defendant
15 shall undergo medical testing to determine whether the
16 defendant has any sexually transmissible disease, including a
17 test for infection with human immunodeficiency virus (HIV) or
18 any other identified causative agent of acquired
19 immunodeficiency syndrome (AIDS). Any such medical test
20 shall be performed only by appropriately licensed medical
21 practitioners and may include an analysis of any bodily
22 fluids as well as an examination of the defendant's person.
23 Except as otherwise provided by law, the results of such test
24 shall be kept strictly confidential by all medical personnel
25 involved in the testing and must be personally delivered in a
26 sealed envelope to the judge of the court in which the
27 conviction was entered for the judge's inspection in camera.
28 Acting in accordance with the best interests of the victim
29 and the public, the judge shall have the discretion to
30 determine to whom, if anyone, the results of the testing may
31 be revealed. The court shall notify the defendant of the test
32 results. The court shall also notify the victim if requested
33 by the victim, and if the victim is under the age of 15 and
34 if requested by the victim's parents or legal guardian, the
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1 court shall notify the victim's parents or legal guardian of
2 the test results. The court shall provide information on the
3 availability of HIV testing and counseling at Department of
4 Public Health facilities to all parties to whom the results
5 of the testing are revealed and shall direct the State's
6 Attorney to provide the information to the victim when
7 possible. A State's Attorney may petition the court to obtain
8 the results of any HIV test administered under this Section,
9 and the court shall grant the disclosure if the State's
10 Attorney shows it is relevant in order to prosecute a charge
11 of criminal transmission of HIV under Section 12-16.2 of the
12 Criminal Code of 1961 against the defendant. The court shall
13 order that the cost of any such test shall be paid by the
14 county and may be taxed as costs against the convicted
15 defendant.
16 (g-5) When an inmate is tested for an airborne
17 communicable disease, as determined by the Illinois
18 Department of Public Health including but not limited to
19 tuberculosis, the results of the test shall be personally
20 delivered by the warden or his or her designee in a sealed
21 envelope to the judge of the court in which the inmate must
22 appear for the judge's inspection in camera if requested by
23 the judge. Acting in accordance with the best interests of
24 those in the courtroom, the judge shall have the discretion
25 to determine what if any precautions need to be taken to
26 prevent transmission of the disease in the courtroom.
27 (h) Whenever a defendant is convicted of an offense
28 under Section 1 or 2 of the Hypodermic Syringes and Needles
29 Act, the defendant shall undergo medical testing to determine
30 whether the defendant has been exposed to human
31 immunodeficiency virus (HIV) or any other identified
32 causative agent of acquired immunodeficiency syndrome (AIDS).
33 Except as otherwise provided by law, the results of such test
34 shall be kept strictly confidential by all medical personnel
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1 involved in the testing and must be personally delivered in a
2 sealed envelope to the judge of the court in which the
3 conviction was entered for the judge's inspection in camera.
4 Acting in accordance with the best interests of the public,
5 the judge shall have the discretion to determine to whom, if
6 anyone, the results of the testing may be revealed. The court
7 shall notify the defendant of a positive test showing an
8 infection with the human immunodeficiency virus (HIV). The
9 court shall provide information on the availability of HIV
10 testing and counseling at Department of Public Health
11 facilities to all parties to whom the results of the testing
12 are revealed and shall direct the State's Attorney to provide
13 the information to the victim when possible. A State's
14 Attorney may petition the court to obtain the results of any
15 HIV test administered under this Section, and the court
16 shall grant the disclosure if the State's Attorney shows it
17 is relevant in order to prosecute a charge of criminal
18 transmission of HIV under Section 12-16.2 of the Criminal
19 Code of 1961 against the defendant. The court shall order
20 that the cost of any such test shall be paid by the county
21 and may be taxed as costs against the convicted defendant.
22 (i) All fines and penalties imposed under this Section
23 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
24 Vehicle Code, or a similar provision of a local ordinance,
25 and any violation of the Child Passenger Protection Act, or a
26 similar provision of a local ordinance, shall be collected
27 and disbursed by the circuit clerk as provided under Section
28 27.5 of the Clerks of Courts Act.
29 (j) In cases when prosecution for any violation of
30 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
31 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
32 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
33 12-16 of the Criminal Code of 1961, any violation of the
34 Illinois Controlled Substances Act, or any violation of the
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1 Cannabis Control Act results in conviction, a disposition of
2 court supervision, or an order of probation granted under
3 Section 10 of the Cannabis Control Act or Section 410 of the
4 Illinois Controlled Substance Act of a defendant, the court
5 shall determine whether the defendant is employed by a
6 facility or center as defined under the Child Care Act of
7 1969, a public or private elementary or secondary school, or
8 otherwise works with children under 18 years of age on a
9 daily basis. When a defendant is so employed, the court
10 shall order the Clerk of the Court to send a copy of the
11 judgment of conviction or order of supervision or probation
12 to the defendant's employer by certified mail. If the
13 employer of the defendant is a school, the Clerk of the Court
14 shall direct the mailing of a copy of the judgment of
15 conviction or order of supervision or probation to the
16 appropriate regional superintendent of schools. The regional
17 superintendent of schools shall notify the State Board of
18 Education of any notification under this subsection.
19 (j-5) A defendant at least 17 years of age who is
20 convicted of a felony and who has not been previously
21 convicted of a misdemeanor or felony and who is sentenced to
22 a term of imprisonment in the Illinois Department of
23 Corrections shall as a condition of his or her sentence be
24 required by the court to attend educational courses designed
25 to prepare the defendant for a high school diploma and to
26 work toward a high school diploma or to work toward passing
27 the high school level Test of General Educational Development
28 (GED) or to work toward completing a vocational training
29 program offered by the Department of Corrections. If a
30 defendant fails to complete the educational training required
31 by his or her sentence during the term of incarceration, the
32 Prisoner Review Board shall, as a condition of mandatory
33 supervised release, require the defendant, at his or her own
34 expense, to pursue a course of study toward a high school
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1 diploma or passage of the GED test. The Prisoner Review
2 Board shall revoke the mandatory supervised release of a
3 defendant who wilfully fails to comply with this subsection
4 (j-5) upon his or her release from confinement in a penal
5 institution while serving a mandatory supervised release
6 term; however, the inability of the defendant after making a
7 good faith effort to obtain financial aid or pay for the
8 educational training shall not be deemed a wilful failure to
9 comply. The Prisoner Review Board shall recommit the
10 defendant whose mandatory supervised release term has been
11 revoked under this subsection (j-5) as provided in Section
12 3-3-9. This subsection (j-5) does not apply to a defendant
13 who has a high school diploma or has successfully passed the
14 GED test. This subsection (j-5) does not apply to a defendant
15 who is determined by the court to be developmentally disabled
16 or otherwise mentally incapable of completing the educational
17 or vocational program.
18 (k) A court may not impose a sentence or disposition for
19 a felony or misdemeanor that requires the defendant to be
20 implanted or injected with or to use any form of birth
21 control.
22 (l) (A) Except as provided in paragraph (C) of
23 subsection (l), whenever a defendant, who is an alien as
24 defined by the Immigration and Nationality Act, is
25 convicted of any felony or misdemeanor offense, the court
26 after sentencing the defendant may, upon motion of the
27 State's Attorney, hold sentence in abeyance and remand
28 the defendant to the custody of the Attorney General of
29 the United States or his or her designated agent to be
30 deported 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 Otherwise, the defendant shall be sentenced as
5 provided in this Chapter V.
6 (B) If the defendant has already been sentenced for
7 a felony or misdemeanor offense, or has been placed on
8 probation under Section 10 of the Cannabis Control Act or
9 Section 410 of the Illinois Controlled Substances Act,
10 the court may, upon motion of the State's Attorney to
11 suspend the sentence imposed, commit the defendant to the
12 custody of the Attorney General of the United States or
13 his or her designated agent 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 (C) This subsection (l) does not apply to offenders
22 who are subject to the provisions of paragraph (2) of
23 subsection (a) of Section 3-6-3.
24 (D) Upon motion of the State's Attorney, if a
25 defendant sentenced under this Section returns to the
26 jurisdiction of the United States, the defendant shall be
27 recommitted to the custody of the county from which he or
28 she was sentenced. Thereafter, the defendant shall be
29 brought before the sentencing court, which may impose any
30 sentence that was available under Section 5-5-3 at the
31 time of initial sentencing. In addition, the defendant
32 shall not be eligible for additional good conduct credit
33 for meritorious service as provided under Section 3-6-6.
34 (m) A person convicted of criminal defacement of
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1 property under Section 21-1.3 of the Criminal Code of 1961,
2 in which the property damage exceeds $300 and the property
3 damaged is a school building, shall be ordered to perform
4 community service that may include cleanup, removal, or
5 painting over the defacement.
6 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
7 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
8 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
9 12-22-99; revised 1-5-00.)
10 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
11 Sec. 5-8-1. Sentence of Imprisonment for Felony.
12 (a) Except as otherwise provided in the statute defining
13 the offense, a sentence of imprisonment for a felony shall be
14 a determinate sentence set by the court under this Section,
15 according to the following limitations:
16 (1) for first degree murder,
17 (a) a term shall be not less than 20 years and
18 not more than 60 years, or
19 (b) if the court finds that the murder was
20 accompanied by exceptionally brutal or heinous
21 behavior indicative of wanton cruelty or, except as
22 set forth in subsection (a)(1)(c) of this Section,
23 that any of the aggravating factors listed in
24 subsection (b) of Section 9-1 of the Criminal Code
25 of 1961 are present, the court may sentence the
26 defendant to a term of natural life imprisonment, or
27 (b-5) a defendant who has been sentenced to
28 death before the effective date of this amendatory
29 Act of the 91st General Assembly shall be sentenced
30 as provided in this Chapter V, or
31 (c) the court shall sentence the defendant to
32 a term of natural life imprisonment when the death
33 penalty is not imposed if the defendant,
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1 (i) has previously been convicted of
2 first degree murder under any state or federal
3 law, or
4 (ii) is a person who, at the time of the
5 commission of the murder, had attained the age
6 of 17 or more and is found guilty of murdering
7 an individual under 12 years of age; or,
8 irrespective of the defendant's age at the time
9 of the commission of the offense, is found
10 guilty of murdering more than one victim, or
11 (iii) is found guilty of murdering a
12 peace officer or fireman when the peace officer
13 or fireman was killed in the course of
14 performing his official duties, or to prevent
15 the peace officer or fireman from performing
16 his official duties, or in retaliation for the
17 peace officer or fireman performing his
18 official duties, and the defendant knew or
19 should have known that the murdered individual
20 was a peace officer or fireman, or
21 (iv) is found guilty of murdering an
22 employee of an institution or facility of the
23 Department of Corrections, or any similar local
24 correctional agency, when the employee was
25 killed in the course of performing his official
26 duties, or to prevent the employee from
27 performing his official duties, or in
28 retaliation for the employee performing his
29 official duties, or
30 (v) is found guilty of murdering an
31 emergency medical technician - ambulance,
32 emergency medical technician - intermediate,
33 emergency medical technician - paramedic,
34 ambulance driver or other medical assistance or
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1 first aid person while employed by a
2 municipality or other governmental unit when
3 the person was killed in the course of
4 performing official duties or to prevent the
5 person from performing official duties or in
6 retaliation for performing official duties and
7 the defendant knew or should have known that
8 the murdered individual was an emergency
9 medical technician - ambulance, emergency
10 medical technician - intermediate, emergency
11 medical technician - paramedic, ambulance
12 driver, or other medical assistant or first aid
13 personnel, or
14 (vi) is a person who, at the time of the
15 commission of the murder, had not attained the
16 age of 17, and is found guilty of murdering a
17 person under 12 years of age and the murder is
18 committed during the course of aggravated
19 criminal sexual assault, criminal sexual
20 assault, or aggravated kidnaping, or
21 (vii) is found guilty of first degree
22 murder and the murder was committed by reason
23 of any person's activity as a community
24 policing volunteer or to prevent any person
25 from engaging in activity as a community
26 policing volunteer. For the purpose of this
27 Section, "community policing volunteer" has the
28 meaning ascribed to it in Section 2-3.5 of the
29 Criminal Code of 1961.
30 For purposes of clause (v), "emergency medical
31 technician - ambulance", "emergency medical
32 technician - intermediate", "emergency medical
33 technician - paramedic", have the meanings ascribed
34 to them in the Emergency Medical Services (EMS)
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1 Systems Act.
2 (d) (i) if the person committed the offense
3 while armed with a firearm, 15 years shall be
4 added to the term of imprisonment imposed by
5 the court;
6 (ii) if, during the commission of the
7 offense, the person personally discharged a
8 firearm, 20 years shall be added to the term of
9 imprisonment imposed by the court;
10 (iii) if, during the commission of the
11 offense, the person personally discharged a
12 firearm that proximately caused great bodily
13 harm, permanent disability, permanent
14 disfigurement, or death to another person, 25
15 years or up to a term of natural life shall be
16 added to the term of imprisonment imposed by
17 the court.
18 (1.5) for second degree murder, a term shall be not
19 less than 4 years and not more than 20 years;
20 (2) for a person adjudged a habitual criminal under
21 Article 33B of the Criminal Code of 1961, as amended, the
22 sentence shall be a term of natural life imprisonment;
23 (2.5) for a person convicted under the
24 circumstances described in paragraph (3) of subsection
25 (b) of Section 12-13, paragraph (2) of subsection (d) of
26 Section 12-14, paragraph (1.2) of subsection (b) of
27 Section 12-14.1, or paragraph (2) of subsection (b) of
28 Section 12-14.1 of the Criminal Code of 1961, the
29 sentence shall be a term of natural life imprisonment;
30 (3) except as otherwise provided in the statute
31 defining the offense, for a Class X felony, the sentence
32 shall be not less than 6 years and not more than 30
33 years;
34 (4) for a Class 1 felony, other than second degree
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1 murder, the sentence shall be not less than 4 years and
2 not more than 15 years;
3 (5) for a Class 2 felony, the sentence shall be not
4 less than 3 years and not more than 7 years;
5 (6) for a Class 3 felony, the sentence shall be not
6 less than 2 years and not more than 5 years;
7 (7) for a Class 4 felony, the sentence shall be not
8 less than 1 year and not more than 3 years.
9 (b) The sentencing judge in each felony conviction shall
10 set forth his reasons for imposing the particular sentence he
11 enters in the case, as provided in Section 5-4-1 of this
12 Code. Those reasons may include any mitigating or
13 aggravating factors specified in this Code, or the lack of
14 any such circumstances, as well as any other such factors as
15 the judge shall set forth on the record that are consistent
16 with the purposes and principles of sentencing set out in
17 this Code.
18 (c) A motion to reduce a sentence may be made, or the
19 court may reduce a sentence without motion, within 30 days
20 after the sentence is imposed. A defendant's challenge to
21 the correctness of a sentence or to any aspect of the
22 sentencing hearing shall be made by a written motion filed
23 within 30 days following the imposition of sentence.
24 However, the court may not increase a sentence once it is
25 imposed.
26 If a motion filed pursuant to this subsection is timely
27 filed within 30 days after the sentence is imposed, the
28 proponent of the motion shall exercise due diligence in
29 seeking a determination on the motion and the court shall
30 thereafter decide such motion within a reasonable time.
31 If a motion filed pursuant to this subsection is timely
32 filed within 30 days after the sentence is imposed, then for
33 purposes of perfecting an appeal, a final judgment shall not
34 be considered to have been entered until the motion to reduce
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1 a sentence has been decided by order entered by the trial
2 court.
3 A motion filed pursuant to this subsection shall not be
4 considered to have been timely filed unless it is filed with
5 the circuit court clerk within 30 days after the sentence is
6 imposed together with a notice of motion, which notice of
7 motion shall set the motion on the court's calendar on a date
8 certain within a reasonable time after the date of filing.
9 (d) Except where a term of natural life is imposed,
10 every sentence shall include as though written therein a term
11 in addition to the term of imprisonment. For those sentenced
12 under the law in effect prior to February 1, 1978, such term
13 shall be identified as a parole term. For those sentenced on
14 or after February 1, 1978, such term shall be identified as a
15 mandatory supervised release term. Subject to earlier
16 termination under Section 3-3-8, the parole or mandatory
17 supervised release term shall be as follows:
18 (1) for first degree murder or a Class X felony, 3
19 years;
20 (2) for a Class 1 felony or a Class 2 felony, 2
21 years;
22 (3) for a Class 3 felony or a Class 4 felony, 1
23 year;
24 (4) if the victim is under 18 years of age, for a
25 second or subsequent offense of criminal sexual assault
26 or aggravated criminal sexual assault, 5 years, at least
27 the first 2 years of which the defendant shall serve in
28 an electronic home detention program under Article 8A of
29 Chapter V of this Code;
30 (5) if the victim is under 18 years of age, for a
31 second or subsequent offense of aggravated criminal
32 sexual abuse or felony criminal sexual abuse, 4 years, at
33 least the first 2 years of which the defendant shall
34 serve in an electronic home detention program under
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1 Article 8A of Chapter V of this Code.
2 (e) A defendant who has a previous and unexpired
3 sentence of imprisonment imposed by another state or by any
4 district court of the United States and who, after sentence
5 for a crime in Illinois, must return to serve the unexpired
6 prior sentence may have his sentence by the Illinois court
7 ordered to be concurrent with the prior sentence in the other
8 state. The court may order that any time served on the
9 unexpired portion of the sentence in the other state, prior
10 to his return to Illinois, shall be credited on his Illinois
11 sentence. The other state shall be furnished with a copy of
12 the order imposing sentence which shall provide that, when
13 the offender is released from confinement of the other state,
14 whether by parole or by termination of sentence, the offender
15 shall be transferred by the Sheriff of the committing county
16 to the Illinois Department of Corrections. The court shall
17 cause the Department of Corrections to be notified of such
18 sentence at the time of commitment and to be provided with
19 copies of all records regarding the sentence.
20 (f) A defendant who has a previous and unexpired
21 sentence of imprisonment imposed by an Illinois circuit court
22 for a crime in this State and who is subsequently sentenced
23 to a term of imprisonment by another state or by any district
24 court of the United States and who has served a term of
25 imprisonment imposed by the other state or district court of
26 the United States, and must return to serve the unexpired
27 prior sentence imposed by the Illinois Circuit Court may
28 apply to the court which imposed sentence to have his
29 sentence reduced.
30 The circuit court may order that any time served on the
31 sentence imposed by the other state or district court of the
32 United States be credited on his Illinois sentence. Such
33 application for reduction of a sentence under this
34 subsection (f) shall be made within 30 days after the
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1 defendant has completed the sentence imposed by the other
2 state or district court of the United States.
3 (Source: P.A. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99;
4 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.)
5 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
6 Sec. 5-8-4. Concurrent and Consecutive Terms of
7 Imprisonment.
8 (a) When multiple sentences of imprisonment are imposed
9 on a defendant at the same time, or when a term of
10 imprisonment is imposed on a defendant who is already subject
11 to sentence in this State or in another state, or for a
12 sentence imposed by any district court of the United States,
13 the sentences shall run concurrently or consecutively as
14 determined by the court. When a term of imprisonment is
15 imposed on a defendant by an Illinois circuit court and the
16 defendant is subsequently sentenced to a term of imprisonment
17 by another state or by a district court of the United States,
18 the Illinois circuit court which imposed the sentence may
19 order that the Illinois sentence be made concurrent with the
20 sentence imposed by the other state or district court of the
21 United States. The defendant must apply to the circuit court
22 within 30 days after the defendant's sentence imposed by the
23 other state or district of the United States is finalized.
24 The court shall not impose consecutive sentences for offenses
25 which were committed as part of a single course of conduct
26 during which there was no substantial change in the nature of
27 the criminal objective, unless:
28 (i) one of the offenses for which defendant was
29 convicted was first degree murder or a Class X or Class 1
30 felony and the defendant inflicted severe bodily injury,
31 or
32 (ii) the defendant was convicted of a violation of
33 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
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1 1961, or
2 (iii) the defendant was convicted of armed violence
3 based upon the predicate offense of solicitation of
4 murder, solicitation of murder for hire, heinous battery,
5 aggravated battery of a senior citizen, criminal sexual
6 assault, a violation of subsection (g) of Section 5 of
7 the Cannabis Control Act, cannabis trafficking, a
8 violation of subsection (a) of Section 401 of the
9 Illinois Controlled Substances Act, controlled substance
10 trafficking involving a Class X felony amount of
11 controlled substance under Section 401 of the Illinois
12 Controlled Substances Act, calculated criminal drug
13 conspiracy, or streetgang criminal drug conspiracy,
14 in which event the court shall enter sentences to run
15 consecutively. Sentences shall run concurrently unless
16 otherwise specified by the court.
17 (b) The court shall not impose a consecutive sentence
18 except as provided for in subsection (a) unless, having
19 regard to the nature and circumstances of the offense and the
20 history and character of the defendant, it is of the opinion
21 that such a term is required to protect the public from
22 further criminal conduct by the defendant, the basis for
23 which the court shall set forth in the record; except that no
24 such finding or opinion is required when multiple sentences
25 of imprisonment are imposed on a defendant for offenses that
26 were not committed as part of a single course of conduct
27 during which there was no substantial change in the nature of
28 the criminal objective, and one of the offenses for which the
29 defendant was convicted was first degree murder or a Class X
30 or Class 1 felony and the defendant inflicted severe bodily
31 injury, or when the defendant was convicted of a violation of
32 Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
33 1961, or where the defendant was convicted of armed violence
34 based upon the predicate offense of solicitation of murder,
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1 solicitation of murder for hire, heinous battery, aggravated
2 battery of a senior citizen, criminal sexual assault, a
3 violation of subsection (g) of Section 5 of the Cannabis
4 Control Act, cannabis trafficking, a violation of subsection
5 (a) of Section 401 of the Illinois Controlled Substances Act,
6 controlled substance trafficking involving a Class X felony
7 amount of controlled substance under Section 401 of the
8 Illinois Controlled Substances Act, calculated criminal drug
9 conspiracy, or streetgang criminal drug conspiracy, in which
10 event the Court shall enter sentences to run consecutively.
11 (c) (1) For sentences imposed under law in effect prior
12 to February 1, 1978 the aggregate maximum of consecutive
13 sentences shall not exceed the maximum term authorized
14 under Section 5-8-1 for the 2 most serious felonies
15 involved. The aggregate minimum period of consecutive
16 sentences shall not exceed the highest minimum term
17 authorized under Section 5-8-1 for the 2 most serious
18 felonies involved. When sentenced only for misdemeanors,
19 a defendant shall not be consecutively sentenced to more
20 than the maximum for one Class A misdemeanor.
21 (2) For sentences imposed under the law in effect
22 on or after February 1, 1978, the aggregate of
23 consecutive sentences for offenses that were committed as
24 part of a single course of conduct during which there was
25 no substantial change in the nature of the criminal
26 objective shall not exceed the sum of the maximum terms
27 authorized under Section 5-8-2 for the 2 most serious
28 felonies involved, but no such limitation shall apply for
29 offenses that were not committed as part of a single
30 course of conduct during which there was no substantial
31 change in the nature of the criminal objective. When
32 sentenced only for misdemeanors, a defendant shall not be
33 consecutively sentenced to more than the maximum for one
34 Class A misdemeanor.
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1 (d) An offender serving a sentence for a misdemeanor who
2 is convicted of a felony and sentenced to imprisonment shall
3 be transferred to the Department of Corrections, and the
4 misdemeanor sentence shall be merged in and run concurrently
5 with the felony sentence.
6 (e) In determining the manner in which consecutive
7 sentences of imprisonment, one or more of which is for a
8 felony, will be served, the Department of Corrections shall
9 treat the offender as though he had been committed for a
10 single term with the following incidents:
11 (1) the maximum period of a term of imprisonment
12 shall consist of the aggregate of the maximums of the
13 imposed indeterminate terms, if any, plus the aggregate
14 of the imposed determinate sentences for felonies plus
15 the aggregate of the imposed determinate sentences for
16 misdemeanors subject to paragraph (c) of this Section;
17 (2) the parole or mandatory supervised release term
18 shall be as provided in paragraph (e) of Section 5-8-1 of
19 this Code for the most serious of the offenses involved;
20 (3) the minimum period of imprisonment shall be the
21 aggregate of the minimum and determinate periods of
22 imprisonment imposed by the court, subject to paragraph
23 (c) of this Section; and
24 (4) the offender shall be awarded credit against
25 the aggregate maximum term and the aggregate minimum term
26 of imprisonment for all time served in an institution
27 since the commission of the offense or offenses and as a
28 consequence thereof at the rate specified in Section
29 3-6-3 of this Code.
30 (f) A sentence of an offender committed to the
31 Department of Corrections at the time of the commission of
32 the offense shall be served consecutive to the sentence under
33 which he is held by the Department of Corrections. However,
34 in case such offender shall be sentenced to punishment by
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1 death, the sentence shall be executed at such time as the
2 court may fix without regard to the sentence under which such
3 offender may be held by the Department.
4 (g) A sentence under Section 3-6-4 for escape or
5 attempted escape shall be served consecutive to the terms
6 under which the offender is held by the Department of
7 Corrections.
8 (h) If a person charged with a felony commits a separate
9 felony while on pre-trial release or in pretrial detention in
10 a county jail facility or county detention facility, the
11 sentences imposed upon conviction of these felonies shall be
12 served consecutively regardless of the order in which the
13 judgments of conviction are entered.
14 (i) If a person admitted to bail following conviction of
15 a felony commits a separate felony while free on bond or if a
16 person detained in a county jail facility or county detention
17 facility following conviction of a felony commits a separate
18 felony while in detention, any sentence following conviction
19 of the separate felony shall be consecutive to that of the
20 original sentence for which the defendant was on bond or
21 detained.
22 (Source: P.A. 90-128, eff. 7-22-97; 91-144, eff. 1-1-00;
23 91-404, eff. 1-1-00; revised 9-29-99.)
24 (730 ILCS 5/5-8-5) (from Ch. 38, par. 1005-8-5)
25 Sec. 5-8-5. Commitment of the Offender. Upon rendition
26 of judgment after pronouncement of a sentence of periodic
27 imprisonment or, imprisonment, or death, the court shall
28 commit the offender to the custody of the sheriff or to the
29 Department of Corrections. A sheriff in executing an order
30 for commitment to the Department of Corrections shall convey
31 such offender to the nearest receiving station designated by
32 the Department of Corrections. The court may commit the
33 offender to the custody of the Attorney General of the United
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1 States under Section 5-8-6 when a sentence for a State
2 offense provides that such sentence is to run concurrently
3 with a previous and unexpired federal sentence. The expense
4 of conveying a person committed by the juvenile court or an
5 offender convicted of a felony shall be paid by the State.
6 The expenses in all other cases shall be paid by the county
7 of the committing court.
8 (Source: P.A. 84-551.)
9 Section 70. The Code of Civil Procedure is amended by
10 changing Sections 10-103 and 10-136 as follows:
11 (735 ILCS 5/10-103) (from Ch. 110, par. 10-103)
12 Sec. 10-103. Application. Application for the relief
13 shall be made to the Supreme Court or to the circuit court of
14 the county in which the person in whose behalf the
15 application is made, is imprisoned or restrained, or to the
16 circuit court of the county from which such person was
17 sentenced or committed. Application shall be made by
18 complaint signed by the person for whose relief it is
19 intended, or by some person in his or her behalf, and
20 verified by affidavit. Application for relief under this
21 Article may not be commenced on behalf of a person who has
22 been sentenced to death without the written consent of that
23 person, unless the person, because of a mental or physical
24 condition, is incapable of asserting his or her own claim.
25 (Source: P.A. 89-684, eff. 6-1-97.)
26 (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
27 Sec. 10-136. Prisoner remanded or punished. After a
28 prisoner has given his or her testimony, or been surrendered,
29 or his or her bail discharged, or he or she has been tried
30 for the crime with which he or she is charged, he or she
31 shall be returned to the jail or other place of confinement
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1 from which he or she was taken for that purpose. If such
2 prisoner is convicted of a crime punishable with death or
3 imprisonment in the penitentiary, he or she may be punished
4 accordingly; but in any case where the prisoner has been
5 taken from the penitentiary, and his or her punishment is by
6 imprisonment, the time of such imprisonment shall not
7 commence to run until the expiration of the time of service
8 under any former sentence.
9 (Source: P.A. 82-280.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 2605/2605-40 was 20 ILCS 2605/55a-4
4 20 ILCS 2630/2.1 from Ch. 38, par. 206-2.1
5 30 ILCS 105/5.490 rep.
6 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
7 55 ILCS 5/3-4011 from Ch. 34, par. 3-4011
8 55 ILCS 5/3-4006.1 rep.
9 105 ILCS 5/21-23b from Ch. 122, par. 21-23b
10 305 ILCS 5/1-8
11 720 ILCS 5/2-7 from Ch. 38, par. 2-7
12 720 ILCS 5/7-10 from Ch. 38, par. 7-10
13 720 ILCS 5/9-1 from Ch. 38, par. 9-1
14 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
15 720 ILCS 5/30-1 from Ch. 38, par. 30-1
16 720 ILCS 5/33B-1 from Ch. 38, par. 33B-1
17 720 ILCS 550/9 from Ch. 56 1/2, par. 709
18 725 ILCS 5/104-26 from Ch. 38, par. 104-26
19 725 ILCS 5/113-3 from Ch. 38, par. 113-3
20 725 ILCS 5/114-5 from Ch. 38, par. 114-5
21 725 ILCS 5/115-4 from Ch. 38, par. 115-4
22 725 ILCS 5/115-4.1 from Ch. 38, par. 115-4.1
23 725 ILCS 5/119-5 from Ch. 38, par. 119-5
24 725 ILCS 5/121-13 from Ch. 38, par. 121-13
25 725 ILCS 5/122-1 from Ch. 38, par. 122-1
26 725 ILCS 5/122-2.1 from Ch. 38, par. 122-2.1
27 725 ILCS 5/122-4 from Ch. 38, par. 122-4
28 725 ILCS 105/10 from Ch. 38, par. 208-10
29 725 ILCS 105/10.5
30 725 ILCS 124/Act rep.
31 725 ILCS 235/5 from Ch. 38, par. 157-5
32 730 ILCS 5/3-3-13 from Ch. 38, par. 1003-3-13
33 730 ILCS 5/3-8-10 from Ch. 38, par. 1003-8-10
34 730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
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1 730 ILCS 5/5-1-9 from Ch. 38, par. 1005-1-9
2 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
3 730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
5 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
6 730 ILCS 5/5-8-5 from Ch. 38, par. 1005-8-5
7 735 ILCS 5/10-103 from Ch. 110, par. 10-103
8 735 ILCS 5/10-136 from Ch. 110, par. 10-136