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91_SB1112eng SB1112 Engrossed LRB9104147LDmbD 1 AN ACT in relation to criminal penalties, amending named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Sections 8-1.1, 8-1.2, 9-1.2, 10-2, 12-4.1, 12-4.3, 7 12-4.6, 12-11, 12-13, 12-14, 12-14.1, 18-2, 18-4, and 33A-2 8 and adding Sections 2-3.5, 2-7.5, and 2-15.5 as follows: 9 (720 ILCS 5/2-3.5 new) 10 Sec. 2-3.5. "Armed with a firearm". Except as otherwise 11 provided in a specific Section, a person is considered "armed 12 with a firearm" when he or she carries on or about his or her 13 person or is otherwise armed with a firearm. 14 (720 ILCS 5/2-7.5 new) 15 Sec. 2-7.5. "Firearm". Except as otherwise provided in 16 a specific Section, "firearm" shall have the meaning ascribed 17 to it in Section 1.1 of the Firearm Owners Identification 18 Card Act. 19 (720 ILCS 5/2-15.5 new) 20 Sec. 2-15.5. "Personally discharged a firearm". A 21 person is considered to have "personally discharged a 22 firearm" when he or she, while armed with a firearm, 23 knowingly and intentionally fires a firearm causing the 24 ammunition projectile to be forcefully expelled from the 25 firearm. 26 (720 ILCS 5/8-1.1) (from Ch. 38, par. 8-1.1) 27 Sec. 8-1.1. Solicitation of Murder. 28 (a) A person commits solicitation of murder when, with SB1112 Engrossed -2- LRB9104147LDmbD 1 the intent that the offense of first degree murder be 2 committed, he commands, encourages or requests another to 3 commit that offense. 4 (b) Penalty. Solicitation of murder is a Class X felony 5 and a person convicted of solicitation of murder shall be 6 sentenced to a term of imprisonment for a period of not less 7 than 15 years and not more than 30 years, except that: 8 (1) in cases where the person solicited was a 9 person under the age of 17 years, the person convicted of 10 solicitation of murder shall be sentenced to a term of 11 imprisonment for a period of not less than 20 years and 12 not more than 60 years;.13 (2) if the person committed the offense while armed 14 with a firearm, 15 years of imprisonment shall be added 15 to the term of imprisonment imposed by the court; 16 (3) if, during the commission of the offense, the 17 person personally discharged a firearm, 20 years of 18 imprisonment shall be added to the term of imprisonment 19 imposed by the court; 20 (4) if, during the commission of the offense, the 21 person personally discharged a firearm that proximately 22 caused great bodily harm, permanent disability, permanent 23 disfigurement, or death to any person, 25 years to life 24 of imprisonment shall be added to the term of 25 imprisonment imposed by the court. 26 (Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.) 27 (720 ILCS 5/8-1.2) (from Ch. 38, par. 8-1.2) 28 Sec. 8-1.2. Solicitation of Murder for Hire. (a) A 29 person commits solicitation of murder for hire when, with the 30 intent that the offense of first degree murder be committed, 31 he procures another to commit that offense pursuant to any 32 contract, agreement, understanding, command or request for 33 money or anything of value. SB1112 Engrossed -3- LRB9104147LDmbD 1 (b) Penalty. Solicitation of murder for hire is a Class 2 X felony and a person convicted of solicitation of murder for 3 hire shall be sentenced to a term of imprisonment of not less 4 than 20 years and not more than 40 years, except that:.5 (1) if the person committed the offense while armed 6 with a firearm, 15 years of imprisonment shall be added 7 to the term of imprisonment imposed by the court; 8 (2) if, during the commission of the offense, the 9 person personally discharged a firearm, 20 years of 10 imprisonment shall be added to the term of imprisonment 11 imposed by the court; 12 (3) if, during the commission of the offense, the 13 person personally discharged a firearm that proximately 14 caused great bodily harm, permanent disability, permanent 15 disfigurement, or death to any person, 25 years to life 16 of imprisonment shall be added to the term of 17 imprisonment imposed by the court. 18 (Source: P.A. 85-1003; 85-1030; 85-1440.) 19 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2) 20 Sec. 9-1.2. Intentional Homicide of an Unborn Child. (a) 21 A person commits the offense of intentional homicide of an 22 unborn child if, in performing acts which cause the death of 23 an unborn child, he without lawful justification: 24 (1) either intended to cause the death of or do great 25 bodily harm to the pregnant woman or her unborn child or knew 26 that such acts would cause death or great bodily harm to the 27 pregnant woman or her unborn child; or 28 (2) he knew that his acts created a strong probability 29 of death or great bodily harm to the pregnant woman or her 30 unborn child; and 31 (3) he knew that the woman was pregnant. 32 (b) For purposes of this Section, (1) "unborn child" 33 shall mean any individual of the human species from SB1112 Engrossed -4- LRB9104147LDmbD 1 fertilization until birth, and (2) "person" shall not include 2 the pregnant woman whose unborn child is killed. 3 (c) This Section shall not apply to acts which cause the 4 death of an unborn child if those acts were committed during 5 any abortion, as defined in Section 2 of the Illinois 6 Abortion Law of 1975, as amended, to which the pregnant woman 7 has consented. This Section shall not apply to acts which 8 were committed pursuant to usual and customary standards of 9 medical practice during diagnostic testing or therapeutic 10 treatment. 11 (d) Penalty. The sentence for intentional homicide of 12 an unborn child shall be the same as for first degree murder, 13 except that: 14 (1) the death penalty may not be imposed;.15 (2) if the person committed the offense while armed 16 with a firearm, 15 years of imprisonment shall be added 17 to the term of imprisonment imposed by the court; 18 (3) if, during the commission of the offense, the 19 person personally discharged a firearm, 20 years of 20 imprisonment shall be added to the term of imprisonment 21 imposed by the court; 22 (4) if, during the commission of the offense, the 23 person personally discharged a firearm that proximately 24 caused great bodily harm, permanent disability, permanent 25 disfigurement, or death to any person, 25 years to life 26 of imprisonment shall be added to the term of 27 imprisonment imposed by the court. 28 (e) The provisions of this Act shall not be construed to 29 prohibit the prosecution of any person under any other 30 provision of law. 31 (Source: P.A. 85-293.) 32 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2) 33 Sec. 10-2. Aggravated kidnaping. SB1112 Engrossed -5- LRB9104147LDmbD 1 (a) A kidnaper within the definition of paragraph (a) of 2 Section 10-1 is guilty of the offense of aggravated 3 kidnaping when he: 4 (1) Kidnaps for the purpose of obtaining ransom 5 from the person kidnaped or from any other person, or 6 (2) Takes as his victim a child under the age of 13 7 years, or an institutionalized severely or profoundly 8 mentally retarded person, or 9 (3) Inflicts great bodily harm or commits another 10 felony upon his victim, or 11 (4) Wears a hood, robe or mask or conceals his 12 identity, or 13 (5) Commits the offense of kidnaping while armed 14 with a dangerous weapon, as defined in Section 33A-1 of 15 the "Criminal Code of 1961". 16 As used in this Section, "ransom" includes money, benefit 17 or other valuable thing or concession. 18 (b) Sentence. Aggravated kidnaping is a Class X felony, 19 except that:.20 (1) if the person committed the offense while armed 21 with a firearm, 15 years of imprisonment shall be added 22 to the term of imprisonment imposed by the court; 23 (2) if, during the commission of the offense, the 24 person personally discharged a firearm, 20 years of 25 imprisonment shall be added to the term of imprisonment 26 imposed by the court; 27 (3) if, during the commission of the offense, the 28 person personally discharged a firearm that proximately 29 caused great bodily harm, permanent disability, permanent 30 disfigurement, or death to any person, 25 years to life 31 of imprisonment shall be added to the term of 32 imprisonment imposed by the court. 33 A person who is convicted of a second or subsequent 34 offense of aggravated kidnaping shall be sentenced to a term SB1112 Engrossed -6- LRB9104147LDmbD 1 of natural life imprisonment; provided, however, that a 2 sentence of natural life imprisonment shall not be imposed 3 under this Section unless the second or subsequent offense 4 was committed after conviction on the first offense. 5 (Source: P.A. 89-707, eff. 6-1-97.) 6 (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1) 7 Sec. 12-4.1. Heinous Battery. 8 (a) A person who, in committing a battery, knowingly 9 causes severe and permanent disability or disfigurement by 10 means of a caustic or flammable substance commits heinous 11 battery. 12 (b) Sentence. Heinous battery is a Class X felony, 13 except that:.14 (1) if the person committed the offense while armed 15 with a firearm, 15 years of imprisonment shall be added 16 to the term of imprisonment imposed by the court; 17 (2) if, during the commission of the offense, the 18 person personally discharged a firearm, 20 years of 19 imprisonment shall be added to the term of imprisonment 20 imposed by the court; 21 (3) if, during the commission of the offense, the 22 person personally discharged a firearm that proximately 23 caused great bodily harm, permanent disability, permanent 24 disfigurement, or death to any person, 25 years to life 25 of imprisonment shall be added to the term of 26 imprisonment imposed by the court. 27 (Source: P.A. 88-285.) 28 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3) 29 Sec. 12-4.3. Aggravated battery of a child. 30 (a) Any person of the age 18 years and upwards who 31 intentionally or knowingly, and without legal justification 32 and by any means, causes great bodily harm or permanent SB1112 Engrossed -7- LRB9104147LDmbD 1 disability or disfigurement to any child under the age of 13 2 years or to any institutionalized severely or profoundly 3 mentally retarded person, commits the offense of aggravated 4 battery of a child. 5 (b) Aggravated battery of a child is a Class X felony, 6 except that:.7 (1) if the person committed the offense while armed 8 with a firearm, 15 years of imprisonment shall be added 9 to the term of imprisonment imposed by the court; 10 (2) if, during the commission of the offense, the 11 person personally discharged a firearm, 20 years of 12 imprisonment shall be added to the term of imprisonment 13 imposed by the court; 14 (3) if, during the commission of the offense, the 15 person personally discharged a firearm that proximately 16 caused great bodily harm, permanent disability, permanent 17 disfigurement, or death to any person, 25 years to life 18 of imprisonment shall be added to the term of 19 imprisonment imposed by the court. 20 (Source: P.A. 89-313, eff. 1-1-96.) 21 (720 ILCS 5/12-4.6) (from Ch. 38, par. 12-4.6) 22 Sec. 12-4.6. Aggravated Battery of a Senior Citizen. 23 (a) A person who, in committing battery, intentionally or 24 knowingly causes great bodily harm or permanent disability or 25 disfigurement to an individual of 60 years of age or older 26 commits aggravated battery of a senior citizen. 27 (b) Sentence. Aggravated battery of a senior citizen is 28 a Class 2 felony, except that:.29 (1) if the person committed the offense while armed 30 with a firearm, 15 years of imprisonment shall be added 31 to the term of imprisonment imposed by the court; 32 (2) if, during the commission of the offense, the 33 person personally discharged a firearm, 20 years of SB1112 Engrossed -8- LRB9104147LDmbD 1 imprisonment shall be added to the term of imprisonment 2 imposed by the court; 3 (3) if, during the commission of the offense, the 4 person personally discharged a firearm that proximately 5 caused great bodily harm, permanent disability, permanent 6 disfigurement, or death to any person, 25 years to life 7 of imprisonment shall be added to the term of 8 imprisonment imposed by the court. 9 (Source: P.A. 85-1177.) 10 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11) 11 Sec. 12-11. Home Invasion. 12 (a) A person who is not a peace officer acting in the 13 line of duty commits home invasion when without authority he 14 or she knowingly enters the dwelling place of another when he 15 or she knows or has reason to know that one or more persons 16 is present or he or she knowingly enters the dwelling place 17 of another and remains in such dwelling place until he or she 18 knows or has reason to know that one or more persons is 19 present and 20 (1) While armed with a dangerous weapon uses force 21 or threatens the imminent use of force upon any person or 22 persons within such dwelling place whether or not injury 23 occurs, or 24 (2) Intentionally causes any injury to any person 25 or persons within such dwelling place. 26 (b) It is an affirmative defense to a charge of home 27 invasion that the accused who knowingly enters the dwelling 28 place of another and remains in such dwelling place until he 29 or she knows or has reason to know that one or more persons 30 is present either immediately leaves such premises or 31 surrenders to the person or persons lawfully present therein 32 without either attempting to cause or causing serious bodily 33 injury to any person present therein. SB1112 Engrossed -9- LRB9104147LDmbD 1 (c) Sentence. Home invasion is a Class X felony, except 2 that:.3 (1) if the person committed the offense while armed 4 with a firearm, 15 years of imprisonment shall be added 5 to the term of imprisonment imposed by the court; 6 (2) if, during the commission of the offense, the 7 person personally discharged a firearm, 20 years of 8 imprisonment shall be added to the term of imprisonment 9 imposed by the court; 10 (3) if, during the commission of the offense, the 11 person personally discharged a firearm that proximately 12 caused great bodily harm, permanent disability, permanent 13 disfigurement, or death to any person, 25 years to life 14 of imprisonment shall be added to the term of 15 imprisonment imposed by the court. 16 (d) For purposes of this Section, "dwelling place of 17 another" includes a dwelling place where the defendant 18 maintains a tenancy interest but from which the defendant has 19 been barred by a divorce decree, judgment of dissolution of 20 marriage, order of protection, or other court order. 21 (Source: P.A. 90-787, eff. 8-14-98.) 22 (720 ILCS 5/12-13) (from Ch. 38, par. 12-13) 23 Sec. 12-13. Criminal Sexual Assault. 24 (a) The accused commits criminal sexual assault if he or 25 she: 26 (1) commits an act of sexual penetration by the use 27 of force or threat of force; or 28 (2) commits an act of sexual penetration and the 29 accused knew that the victim was unable to understand the 30 nature of the act or was unable to give knowing consent; 31 or 32 (3) commits an act of sexual penetration with a 33 victim who was under 18 years of age when the act was SB1112 Engrossed -10- LRB9104147LDmbD 1 committed and the accused was a family member; or 2 (4) commits an act of sexual penetration with a 3 victim who was at least 13 years of age but under 18 4 years of age when the act was committed and the accused 5 was 17 years of age or over and held a position of trust, 6 authority or supervision in relation to the victim. 7 (b) Sentence. 8 (1) Criminal sexual assault is a Class 1 felony. 9 (2) A person who is convicted of the offense of 10 criminal sexual assault as defined in paragraph (a)(1) or 11 (a)(2) after having previously been convicted of the 12 offense of criminal sexual assault, or who is convicted 13 of the offense of criminal sexual assault as defined in 14 paragraph (a)(1) or (a)(2) after having previously been 15 convicted under the laws of this State or any other state 16 of an offense that is substantially equivalent to the 17 offense of criminal sexual assault, commits a Class X 18 felony for which the person shall be sentenced to a term 19 of imprisonment of not less than 30 years and not more 20 than 60 years. The commission of the second or 21 subsequent offense is required to have been after the 22 initial conviction for this paragraph (2) to apply. 23 (3) A person who is convicted of the offense of 24 criminal sexual assault as defined in paragraph (a)(1) or 25 (a)(2) after having previously been convicted of the 26 offense of aggravated criminal sexual assault or the 27 offense of predatory criminal sexual assault of a child, 28 or who is convicted of the offense of criminal sexual 29 assault as defined in paragraph (a)(1) or (a)(2) after 30 having previously been convicted under the laws of this 31 State or any other state of an offense that is 32 substantially equivalent to the offense of aggravated 33 criminal sexual assault or the offense of criminal 34 predatory sexual assault shall be sentenced to a term of SB1112 Engrossed -11- LRB9104147LDmbD 1 natural life imprisonment. The commission of the second 2 or subsequent offense is required to have been after the 3 initial conviction for this paragraph (3) to apply. 4 (4) A second or subsequent conviction for a 5 violation of paragraph (a)(3) or (a)(4) or under any 6 similar statute of this State or any other state for any 7 offense involving criminal sexual assault that is 8 substantially equivalent to or more serious than the 9 sexual assault prohibited under paragraph (a)(3) or 10 (a)(4) is a Class X felony. 11 (5) When a person has any such prior conviction, 12 the information or indictment charging that person shall 13 state such prior conviction so as to give notice of the 14 State's intention to treat the charge as a Class X 15 felony. The fact of such prior conviction is not an 16 element of the offense and may not be disclosed to the 17 jury during trial unless otherwise permitted by issues 18 properly raised during such trial. 19 (6) (i) If the person committed the offense while 20 armed with a firearm, 15 years of imprisonment shall 21 be added to the term of imprisonment imposed by the 22 court. 23 (ii) If, during the commission of the offense, 24 the person personally discharged a firearm, 20 years 25 of imprisonment shall be added to the term of 26 imprisonment imposed by the court. 27 (iii) If, during the commission of the 28 offense, the person personally discharged a firearm 29 that proximately caused great bodily harm, permanent 30 disability, permanent disfigurement, or death to any 31 person, 25 years to life of imprisonment shall be 32 added to the term of imprisonment imposed by the 33 court. 34 (Source: P.A. 90-396, eff. 1-1-98.) SB1112 Engrossed -12- LRB9104147LDmbD 1 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14) 2 Sec. 12-14. Aggravated Criminal Sexual Assault. 3 (a) The accused commits aggravated criminal sexual 4 assault if he or she commits criminal sexual assault and any 5 of the following aggravating circumstances existed during, or 6 for the purposes of paragraph (7) of this subsection (a) as 7 part of the same course of conduct as, the commission of the 8 offense: 9 (1) the accused displayed, threatened to use, or 10 used a dangerous weapon or any object fashioned or 11 utilized in such a manner as to lead the victim under the 12 circumstances reasonably to believe it to be a dangerous 13 weapon; or 14 (2) the accused caused bodily harm to the victim; 15 or 16 (3) the accused acted in such a manner as to 17 threaten or endanger the life of the victim or any other 18 person; or 19 (4) the criminal sexual assault was perpetrated 20 during the course of the commission or attempted 21 commission of any other felony by the accused; or 22 (5) the victim was 60 years of age or over when the 23 offense was committed; or 24 (6) the victim was a physically handicapped person; 25 or 26 (7) the accused delivered (by injection, 27 inhalation, ingestion, transfer of possession, or any 28 other means) to the victim without his or her consent, or 29 by threat or deception, and for other than medical 30 purposes, any controlled substance. 31 (b) The accused commits aggravated criminal sexual 32 assault if the accused was under 17 years of age and (i) 33 commits an act of sexual penetration with a victim who was 34 under 9 years of age when the act was committed; or (ii) SB1112 Engrossed -13- LRB9104147LDmbD 1 commits an act of sexual penetration with a victim who was at 2 least 9 years of age but under 13 years of age when the act 3 was committed and the accused used force or threat of force 4 to commit the act. 5 (c) The accused commits aggravated criminal sexual 6 assault if he or she commits an act of sexual penetration 7 with a victim who was an institutionalized severely or 8 profoundly mentally retarded person at the time the act was 9 committed. 10 (d) Sentence. 11 (1) Aggravated criminal sexual assault is a Class X 12 felony. 13 (2) A person who is convicted of a second or 14 subsequent offense of aggravated criminal sexual assault, 15 or who is convicted of the offense of aggravated criminal 16 sexual assault after having previously been convicted of 17 the offense of criminal sexual assault or the offense of 18 predatory criminal sexual assault of a child, or who is 19 convicted of the offense of aggravated criminal sexual 20 assault after having previously been convicted under the 21 laws of this or any other state of an offense that is 22 substantially equivalent to the offense of criminal 23 sexual assault, the offense of aggravated criminal sexual 24 assault or the offense of predatory criminal sexual 25 assault of a child, shall be sentenced to a term of 26 natural life imprisonment. The commission of the second 27 or subsequent offense is required to have been after the 28 initial conviction for this paragraph (2) to apply. 29 (3) (i) If the person committed the offense while 30 armed with a firearm, 15 years of imprisonment shall 31 be added to the term of imprisonment imposed by the 32 court. 33 (ii) If, during the commission of the offense, 34 the person personally discharged a firearm, 20 years SB1112 Engrossed -14- LRB9104147LDmbD 1 of imprisonment shall be added to the term of 2 imprisonment imposed by the court. 3 (iii) If, during the commission of the 4 offense, the person personally discharged a firearm 5 that proximately caused great bodily harm, permanent 6 disability, permanent disfigurement, or death to any 7 person, 25 years to life of imprisonment shall be 8 added to the term of imprisonment imposed by the 9 court. 10 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 11 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.) 12 (720 ILCS 5/12-14.1) 13 Sec. 12-14.1. Predatory criminal sexual assault of a 14 child. 15 (a) The accused commits predatory criminal sexual 16 assault of a child if: 17 (1) the accused was 17 years of age or over and 18 commits an act of sexual penetration with a victim who 19 was under 13 years of age when the act was committed; or 20 (2) the accused was 17 years of age or over and 21 commits an act of sexual penetration with a victim who 22 was under 13 years of age when the act was committed and 23 the accused caused great bodily harm to the victim that: 24 (A) resulted in permanent disability; or 25 (B) was life threatening; or 26 (3) the accused was 17 years of age or over and 27 commits an act of sexual penetration with a victim who 28 was under 13 years of age when the act was committed and 29 the accused delivered (by injection, inhalation, 30 ingestion, transfer of possession, or any other means) to 31 the victim without his or her consent, or by threat or 32 deception, and for other than medical purposes, any 33 controlled substance. SB1112 Engrossed -15- LRB9104147LDmbD 1 (b) Sentence. 2 (1) A person convicted of a violation of subsection 3 (a)(1) commits a Class X felony. A person convicted of a 4 violation of subsection (a)(2) or (a) (3) commits a Class 5 X felony for which the person shall be sentenced to a 6 term of imprisonment of not less than 50 years and not 7 more than 60 years. 8 (2) A person who is convicted of a second or 9 subsequent offense of predatory criminal sexual assault 10 of a child, or who is convicted of the offense of 11 predatory criminal sexual assault of a child after having 12 previously been convicted of the offense of criminal 13 sexual assault or the offense of aggravated criminal 14 sexual assault, or who is convicted of the offense of 15 predatory criminal sexual assault of a child after having 16 previously been convicted under the laws of this State or 17 any other state of an offense that is substantially 18 equivalent to the offense of predatory criminal sexual 19 assault of a child, the offense of aggravated criminal 20 sexual assault or the offense of criminal sexual assault, 21 shall be sentenced to a term of natural life 22 imprisonment. The commission of the second or subsequent 23 offense is required to have been after the initial 24 conviction for this paragraph (2) to apply. 25 (3) (i) If the person committed the offense while 26 armed with a firearm, 15 years of imprisonment shall 27 be added to the term of imprisonment imposed by the 28 court. 29 (ii) If, during the commission of the offense, 30 the person personally discharged a firearm, 20 years 31 of imprisonment shall be added to the term of 32 imprisonment imposed by the court. 33 (iii) If, during the commission of the 34 offense, the person personally discharged a firearm SB1112 Engrossed -16- LRB9104147LDmbD 1 that proximately caused great bodily harm, permanent 2 disability, permanent disfigurement, or death to any 3 person, 25 years to life of imprisonment shall be 4 added to the term of imprisonment imposed by the 5 court. 6 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 7 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.) 8 (720 ILCS 5/18-2) (from Ch. 38, par. 18-2) 9 Sec. 18-2. Armed robbery. (a) A person commits armed 10 robbery when he or she violates Section 18-1 while he or she 11 carries on or about his or her person, or is otherwise armed 12 with a dangerous weapon. 13 (b) Sentence. 14 Armed robbery is a Class X felony, except that:.15 (1) if the person committed the offense while armed 16 with a firearm, 15 years of imprisonment shall be added 17 to the term of imprisonment imposed by the court; 18 (2) if, during the commission of the offense, the 19 person personally discharged a firearm, 20 years of 20 imprisonment shall be added to the term of imprisonment 21 imposed by the court; 22 (3) if, during the commission of the offense, the 23 person personally discharged a firearm that proximately 24 caused great bodily harm, permanent disability, permanent 25 disfigurement, or death to any person, 25 years to life 26 of imprisonment shall be added to the term of 27 imprisonment imposed by the court. 28 (Source: P.A. 80-1099.) 29 (720 ILCS 5/18-4) 30 Sec. 18-4. Aggravated vehicular hijacking. 31 (a) A person commits aggravated vehicular hijacking when 32 he or she violates Section 18-3; and SB1112 Engrossed -17- LRB9104147LDmbD 1 (1) the person from whose immediate presence the 2 motor vehicle is taken is a physically handicapped person 3 or a person 60 years of age or over; or 4 (2) a person under 16 years of age is a passenger 5 in the motor vehicle at the time of the offense; or 6 (3) he or she carries on or about his or her 7 person, or is otherwise armed with a dangerous weapon. 8 (b) Sentence. 9 (1) Aggravated vehicular hijacking in violation of 10 subsections (a)(1) or (a)(2) is a Class X felony. 11 Aggravated vehicular hijacking in violation of subsection 12 (a)(3) is a Class X felony for which a term of 13 imprisonment of not less than 7 years shall be imposed. 14 (2) (i) If the person committed the offense while 15 armed with a firearm, 15 years of imprisonment shall 16 be added to the term of imprisonment imposed by the 17 court. 18 (ii) If, during the commission of the offense, 19 the person personally discharged a firearm, 20 years 20 of imprisonment shall be added to the term of 21 imprisonment imposed by the court. 22 (iii) If, during the commission of the 23 offense, the person personally discharged a firearm 24 that proximately caused great bodily harm, permanent 25 disability, permanent disfigurement, or death to any 26 person, 25 years to life of imprisonment shall be 27 added to the term of imprisonment imposed by the 28 court. 29 (Source: P.A. 88-351.) 30 (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2) 31 Sec. 33A-2. Armed violence-Elements of the offense. A 32 person commits armed violence when, while armed with a 33 dangerous weapon, he commits any felony defined by Illinois SB1112 Engrossed -18- LRB9104147LDmbD 1 Law, except first degree murder, solicitation of murder, 2 solicitation of murder for hire, intentional homicide of an 3 unborn child, predatory criminal sexual assault of a child, 4 aggravated criminal sexual assault, criminal sexual assault, 5 aggravated kidnapping, heinous battery, aggravated battery of 6 a senior citizen, aggravated battery of a child, armed 7 robbery, aggravated vehicular hijacking, home invasion, a 8 violation of the Cannabis Control Act to which Section 7.5 of 9 that Act applies, or a violation of the Illinois Controlled 10 Substances Act to which Section 408.1 of that Act applies. 11 (Source: P.A. 80-1099.) 12 Section 10. The Cannabis Control Act is amended by 13 adding Section 7.5 as follows: 14 (720 ILCS 550/7.5 new) 15 Sec. 7.5. (a) Any person who violates subsection (g) of 16 Section 5 or Section 5.1 while armed with a firearm shall 17 have 15 years of imprisonment added to the sentence imposed 18 by the court. 19 (b) Any person who violates subsection (g) of Section 5 20 or Section 5.1 shall have 20 years of imprisonment added to 21 the sentence imposed by the court if, during the commission 22 of the offense, the person personally discharged a firearm. 23 (c) Any person who violates subsection (g) of Section 5 24 or Section 5.1 shall have 25 years to life of imprisonment 25 added to the sentence imposed by the court if, during the 26 commission of the offense, the person personally discharged a 27 firearm that proximately caused great bodily harm, permanent 28 disability, permanent disfigurement, or death to any person. 29 Section 15. The Illinois Controlled Substances Act is 30 amended by adding Section 408.1 as follows: SB1112 Engrossed -19- LRB9104147LDmbD 1 (720 ILCS 570/408.1 new) 2 Sec. 408.1. (a) Any person who violates subparagraph (a) 3 of Section 401, Section 401.1 involving a Class X felony 4 amount of controlled substance under Section 401, Section 5 405, or Section 405.2 while armed with a firearm shall have 6 15 years of imprisonment added to the sentence imposed by the 7 court. 8 (b) Any person who violates subsection (a) of Section 9 401, Section 401.1 involving a Class X felony amount of 10 controlled substance under Section 401, Section 405, or 11 Section 405.2 shall have 20 years of imprisonment added to 12 the sentence imposed by the court if, during the commission 13 of the offense, the person personally discharged a firearm. 14 (c) Any person who violates subsection (a) of Section 15 401, Section 401.1 involving a Class X felony amount of 16 controlled substance under Section 401, Section 405, or 17 Section 405.2 shall have 25 years to life imprisonment added 18 to the sentence imposed by the court if, during the 19 commission of the offense, the person personally discharged a 20 firearm that proximately caused great bodily harm, permanent 21 disability, permanent disfigurement, or death to any person. 22 Section 20. The Unified Code of Corrections is amended 23 by changing Section 5-8-1 as follows: 24 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) 25 Sec. 5-8-1. Sentence of Imprisonment for Felony. 26 (a) Except as otherwise provided in the statute defining 27 the offense, a sentence of imprisonment for a felony shall be 28 a determinate sentence set by the court under this Section, 29 according to the following limitations: 30 (1) for first degree murder, 31 (a) a term shall be not less than 20 years and 32 not more than 60 years, or SB1112 Engrossed -20- LRB9104147LDmbD 1 (b) if the court finds that the murder was 2 accompanied by exceptionally brutal or heinous 3 behavior indicative of wanton cruelty or, except as 4 set forth in subsection (a)(1)(c) of this Section, 5 that any of the aggravating factors listed in 6 subsection (b) of Section 9-1 of the Criminal Code 7 of 1961 are present, the court may sentence the 8 defendant to a term of natural life imprisonment, or 9 (c) the court shall sentence the defendant to 10 a term of natural life imprisonment when the death 11 penalty is not imposed if the defendant, 12 (i) has previously been convicted of 13 first degree murder under any state or federal 14 law, or 15 (ii) is a person who, at the time of the 16 commission of the murder, had attained the age 17 of 17 or more and is found guilty of murdering 18 an individual under 12 years of age; or, 19 irrespective of the defendant's age at the time 20 of the commission of the offense, is found 21 guilty of murdering more than one victim, or 22 (iii) is found guilty of murdering a 23 peace officer or fireman when the peace officer 24 or fireman was killed in the course of 25 performing his official duties, or to prevent 26 the peace officer or fireman from performing 27 his official duties, or in retaliation for the 28 peace officer or fireman performing his 29 official duties, and the defendant knew or 30 should have known that the murdered individual 31 was a peace officer or fireman, or 32 (iv) is found guilty of murdering an 33 employee of an institution or facility of the 34 Department of Corrections, or any similar local SB1112 Engrossed -21- LRB9104147LDmbD 1 correctional agency, when the employee was 2 killed in the course of performing his official 3 duties, or to prevent the employee from 4 performing his official duties, or in 5 retaliation for the employee performing his 6 official duties, or 7 (v) is found guilty of murdering an 8 emergency medical technician - ambulance, 9 emergency medical technician - intermediate, 10 emergency medical technician - paramedic, 11 ambulance driver or other medical assistance or 12 first aid person while employed by a 13 municipality or other governmental unit when 14 the person was killed in the course of 15 performing official duties or to prevent the 16 person from performing official duties or in 17 retaliation for performing official duties and 18 the defendant knew or should have known that 19 the murdered individual was an emergency 20 medical technician - ambulance, emergency 21 medical technician - intermediate, emergency 22 medical technician - paramedic, ambulance 23 driver, or other medical assistant or first aid 24 personnel, or 25 (vi) is a person who, at the time of the 26 commission of the murder, had not attained the 27 age of 17, and is found guilty of murdering a 28 person under 12 years of age and the murder is 29 committed during the course of aggravated 30 criminal sexual assault, criminal sexual 31 assault, or aggravated kidnaping, or 32 (vii) is found guilty of first degree 33 murder and the murder was committed by reason 34 of any person's activity as a community SB1112 Engrossed -22- LRB9104147LDmbD 1 policing volunteer or to prevent any person 2 from engaging in activity as a community 3 policing volunteer. For the purpose of this 4 Section, "community policing volunteer" has the 5 meaning ascribed to it in Section 2-3.5 of the 6 Criminal Code of 1961, or.7 (d) (i) if the person committed the offense while 8 armed with a firearm, 15 years of imprisonment shall 9 be added to the term of imprisonment imposed by the 10 court; 11 (ii) if, during the commission of the offense, 12 the person personally discharged a firearm, 20 years 13 of imprisonment shall be added to the term of 14 imprisonment imposed by the court; 15 (iii) if, during the commission of the 16 offense, the person personally discharged a firearm 17 that proximately caused great bodily harm, permanent 18 disability, permanent disfigurement, or death to any 19 person, 25 years to life of imprisonment shall be 20 added to the term of imprisonment imposed by the 21 court. 22 For purposes of clause (v), "emergency medical 23 technician - ambulance", "emergency medical 24 technician - intermediate", "emergency medical 25 technician - paramedic", have the meanings ascribed 26 to them in the Emergency Medical Services (EMS) 27 Systems Act. 28 (1.5) for second degree murder, a term shall be not 29 less than 4 years and not more than 20 years; 30 (2) for a person adjudged a habitual criminal under 31 Article 33B of the Criminal Code of 1961, as amended, the 32 sentence shall be a term of natural life imprisonment; 33 (2.5) for a person convicted under the 34 circumstances described in paragraph (3) of subsection SB1112 Engrossed -23- LRB9104147LDmbD 1 (b) of Section 12-13, paragraph (2) of subsection (d) of 2 Section 12-14, or paragraph (2) of subsection (b) of 3 Section 12-14.1 of the Criminal Code of 1961, the 4 sentence shall be a term of natural life imprisonment; 5 (3) except as otherwise provided in the statute 6 defining the offense, for a Class X felony, the sentence 7 shall be not less than 6 years and not more than 30 8 years; 9 (4) for a Class 1 felony, other than second degree 10 murder, the sentence shall be not less than 4 years and 11 not more than 15 years; 12 (5) for a Class 2 felony, the sentence shall be not 13 less than 3 years and not more than 7 years; 14 (6) for a Class 3 felony, the sentence shall be not 15 less than 2 years and not more than 5 years; 16 (7) for a Class 4 felony, the sentence shall be not 17 less than 1 year and not more than 3 years. 18 (b) The sentencing judge in each felony conviction shall 19 set forth his reasons for imposing the particular sentence he 20 enters in the case, as provided in Section 5-4-1 of this 21 Code. Those reasons may include any mitigating or 22 aggravating factors specified in this Code, or the lack of 23 any such circumstances, as well as any other such factors as 24 the judge shall set forth on the record that are consistent 25 with the purposes and principles of sentencing set out in 26 this Code. 27 (c) A motion to reduce a sentence may be made, or the 28 court may reduce a sentence without motion, within 30 days 29 after the sentence is imposed. A defendant's challenge to 30 the correctness of a sentence or to any aspect of the 31 sentencing hearing shall be made by a written motion filed 32 within 30 days following the imposition of sentence. 33 However, the court may not increase a sentence once it is 34 imposed. SB1112 Engrossed -24- LRB9104147LDmbD 1 If a motion filed pursuant to this subsection is timely 2 filed within 30 days after the sentence is imposed, the 3 proponent of the motion shall exercise due diligence in 4 seeking a determination on the motion and the court shall 5 thereafter decide such motion within a reasonable time. 6 If a motion filed pursuant to this subsection is timely 7 filed within 30 days after the sentence is imposed, then for 8 purposes of perfecting an appeal, a final judgment shall not 9 be considered to have been entered until the motion to reduce 10 a sentence has been decided by order entered by the trial 11 court. 12 A motion filed pursuant to this subsection shall not be 13 considered to have been timely filed unless it is filed with 14 the circuit court clerk within 30 days after the sentence is 15 imposed together with a notice of motion, which notice of 16 motion shall set the motion on the court's calendar on a date 17 certain within a reasonable time after the date of filing. 18 (d) Except where a term of natural life is imposed, 19 every sentence shall include as though written therein a term 20 in addition to the term of imprisonment. For those sentenced 21 under the law in effect prior to February 1, 1978, such term 22 shall be identified as a parole term. For those sentenced on 23 or after February 1, 1978, such term shall be identified as a 24 mandatory supervised release term. Subject to earlier 25 termination under Section 3-3-8, the parole or mandatory 26 supervised release term shall be as follows: 27 (1) for first degree murder or a Class X felony, 3 28 years; 29 (2) for a Class 1 felony or a Class 2 felony, 2 30 years; 31 (3) for a Class 3 felony or a Class 4 felony, 1 32 year. 33 (e) A defendant who has a previous and unexpired 34 sentence of imprisonment imposed by another state or by any SB1112 Engrossed -25- LRB9104147LDmbD 1 district court of the United States and who, after sentence 2 for a crime in Illinois, must return to serve the unexpired 3 prior sentence may have his sentence by the Illinois court 4 ordered to be concurrent with the prior sentence in the other 5 state. The court may order that any time served on the 6 unexpired portion of the sentence in the other state, prior 7 to his return to Illinois, shall be credited on his Illinois 8 sentence. The other state shall be furnished with a copy of 9 the order imposing sentence which shall provide that, when 10 the offender is released from confinement of the other state, 11 whether by parole or by termination of sentence, the offender 12 shall be transferred by the Sheriff of the committing county 13 to the Illinois Department of Corrections. The court shall 14 cause the Department of Corrections to be notified of such 15 sentence at the time of commitment and to be provided with 16 copies of all records regarding the sentence. 17 (f) A defendant who has a previous and unexpired 18 sentence of imprisonment imposed by an Illinois circuit court 19 for a crime in this State and who is subsequently sentenced 20 to a term of imprisonment by another state or by any district 21 court of the United States and who has served a term of 22 imprisonment imposed by the other state or district court of 23 the United States, and must return to serve the unexpired 24 prior sentence imposed by the Illinois Circuit Court may 25 apply to the court which imposed sentence to have his 26 sentence reduced. 27 The circuit court may order that any time served on the 28 sentence imposed by the other state or district court of the 29 United States be credited on his Illinois sentence. Such 30 application for reduction of a sentence under this 31 subsection (f) shall be made within 30 days after the 32 defendant has completed the sentence imposed by the other 33 state or district court of the United States. 34 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; SB1112 Engrossed -26- LRB9104147LDmbD 1 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff. 2 1-1-99.)