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| [ Senate Amendment 002 ] |
91_SB1112ham002
LRB9104147LDdvam02
1 AMENDMENT TO SENATE BILL 1112
2 AMENDMENT NO. . Amend Senate Bill 1112 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 8-4, 9-1.2, 10-2, 12-4.3, 12-11, 12-14,
6 12-14.1, 18-2, 18-4, 33A-1, 33A-2, and adding Sections 2-3.6,
7 2-7.5, and 2-15.5 as follows:
8 (720 ILCS 5/2-3.6 new)
9 Sec. 2-3.6. "Armed with a firearm". Except as otherwise
10 provided in a specific Section, a person is considered "armed
11 with a firearm" when he or she carries on or about his or her
12 person or is otherwise armed with a firearm.
13 (720 ILCS 5/2-7.5 new)
14 Sec. 5/2-7.5 "Firearm". Except as otherwise provided in
15 a specific Section, "firearm" has the meaning ascribed to it
16 in Section 1.1 of the Firearm Owners Identification Card Act.
17
18 (720 ILCS 5/2-15.5 new)
19 Sec. 2-15.5. "Personally discharged a firearm". A
20 person is considered to have "personally discharged a
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1 firearm" when he or she, while armed with a firearm,
2 knowingly and intentionally fires a firearm causing the
3 ammunition projectile to be forcefully expelled from the
4 firearm.
5 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
6 Sec. 8-4. Attempt.
7 (a) Elements of the Offense.
8 A person commits an attempt when, with intent to commit a
9 specific offense, he does any act which constitutes a
10 substantial step toward the commission of that offense.
11 (b) Impossibility.
12 It shall not be a defense to a charge of attempt that
13 because of a misapprehension of the circumstances it would
14 have been impossible for the accused to commit the offense
15 attempted.
16 (c) Sentence.
17 A person convicted of an attempt may be fined or
18 imprisoned or both not to exceed the maximum provided for the
19 offense attempted but, except for an attempt to commit the
20 offense defined in Section 33A-2 of this Act,
21 (1) the sentence for attempt to commit first degree
22 murder is the sentence for a Class X felony, except that
23 (A) an attempt to commit first degree murder
24 when at least one of the aggravating factors
25 specified in paragraphs (1), (2) and (12) of
26 subsection (b) of Section 9-1 is present is a Class
27 X felony for which the sentence shall be a term of
28 imprisonment of not less than 20 years and not more
29 than 80 years;
30 (B) an attempt to commit first degree murder
31 while armed with a firearm is a Class X felony for
32 which 15 years shall be added to the term of
33 imprisonment imposed by the court;
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1 (C) an attempt to commit first degree murder
2 during which the person personally discharged a
3 firearm is a Class X felony for which 20 years shall
4 be added to the term of imprisonment imposed by the
5 court;
6 (D) an attempt to commit first degree murder
7 during which the person personally discharged a
8 firearm that proximately caused great bodily harm,
9 permanent disability, permanent disfigurement, or
10 death to another person, is a Class X felony for
11 which 25 years or up to a term of natural life shall
12 be added to the term of imprisonment imposed by the
13 court.
14 (2) the sentence for attempt to commit a Class X
15 felony is the sentence for a Class 1 felony;
16 (3) the sentence for attempt to commit a Class 1
17 felony is the sentence for a Class 2 felony;
18 (4) the sentence for attempt to commit a Class 2
19 felony is the sentence for a Class 3 felony; and
20 (5) the sentence for attempt to commit any felony
21 other than those specified in Subsections (1), (2), (3)
22 and (4) hereof is the sentence for a Class A misdemeanor.
23 (Source: P.A. 87-921; 88-680, eff. 1-1-95.)
24 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
25 Sec. 9-1.2. Intentional Homicide of an Unborn Child. (a)
26 A person commits the offense of intentional homicide of an
27 unborn child if, in performing acts which cause the death of
28 an unborn child, he without lawful justification:
29 (1) either intended to cause the death of or do great
30 bodily harm to the pregnant woman or her unborn child or knew
31 that such acts would cause death or great bodily harm to the
32 pregnant woman or her unborn child; or
33 (2) he knew that his acts created a strong probability
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1 of death or great bodily harm to the pregnant woman or her
2 unborn child; and
3 (3) he knew that the woman was pregnant.
4 (b) For purposes of this Section, (1) "unborn child"
5 shall mean any individual of the human species from
6 fertilization until birth, and (2) "person" shall not include
7 the pregnant woman whose unborn child is killed.
8 (c) This Section shall not apply to acts which cause the
9 death of an unborn child if those acts were committed during
10 any abortion, as defined in Section 2 of the Illinois
11 Abortion Law of 1975, as amended, to which the pregnant woman
12 has consented. This Section shall not apply to acts which
13 were committed pursuant to usual and customary standards of
14 medical practice during diagnostic testing or therapeutic
15 treatment.
16 (d) Penalty. The sentence for intentional homicide of
17 an unborn child shall be the same as for first degree murder,
18 except that:
19 (1) the death penalty may not be imposed;
20 (2) if the person committed the offense while armed
21 with a firearm, 15 years shall be added to the term of
22 imprisonment imposed by the court;
23 (3) if, during the commission of the offense, the
24 person personally discharged a firearm, 20 years shall be
25 added to the term of imprisonment imposed by the court;
26 (4) if, during the commission of the offense, the
27 person personally discharged a firearm that proximately
28 caused great bodily harm, permanent disability, permanent
29 disfigurement, or death to another person, 25 years or up
30 to a term of natural life shall be added to the term of
31 imprisonment imposed by the court.
32 (e) The provisions of this Act shall not be construed to
33 prohibit the prosecution of any person under any other
34 provision of law.
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1 (Source: P.A. 85-293.)
2 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
3 Sec. 10-2. Aggravated kidnaping.
4 (a) A kidnaper within the definition of paragraph (a) of
5 Section 10-1 is guilty of the offense of aggravated
6 kidnaping when he:
7 (1) Kidnaps for the purpose of obtaining ransom
8 from the person kidnaped or from any other person, or
9 (2) Takes as his victim a child under the age of 13
10 years, or an institutionalized severely or profoundly
11 mentally retarded person, or
12 (3) Inflicts great bodily harm, other than by the
13 discharge of a firearm, or commits another felony upon
14 his victim, or
15 (4) Wears a hood, robe or mask or conceals his
16 identity, or
17 (5) Commits the offense of kidnaping while armed
18 with a dangerous weapon, other than a firearm, as defined
19 in Section 33A-1 of the "Criminal Code of 1961", or
20 (6) Commits the offense of kidnaping while armed
21 with a firearm, or
22 (7) During the commission of the offense of
23 kidnaping, personally discharged a firearm, or
24 (8) During the commission of the offense of
25 kidnaping, personally discharged a firearm that
26 proximately caused great bodily harm, permanent
27 disability, permanent disfigurement, or death to another
28 person.
29 As used in this Section, "ransom" includes money, benefit
30 or other valuable thing or concession.
31 (b) Sentence. Aggravated kidnaping in violation of
32 paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
33 Class X felony. A violation of subsection (a)(6) is a Class X
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1 felony for which 15 years shall be added to the term of
2 imprisonment imposed by the court. A violation of subsection
3 (a)(7) is a Class X felony for which 20 years shall be added
4 to the term of imprisonment imposed by the court. A violation
5 of subsection (a)(8) is a Class X felony for which 25 years
6 or up to a term of natural life shall be added to the term of
7 imprisonment imposed by the court.
8 A person who is convicted of a second or subsequent
9 offense of aggravated kidnaping shall be sentenced to a term
10 of natural life imprisonment; provided, however, that a
11 sentence of natural life imprisonment shall not be imposed
12 under this Section unless the second or subsequent offense
13 was committed after conviction on the first offense.
14 (Source: P.A. 89-707, eff. 6-1-97.)
15 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
16 Sec. 12-4.3. Aggravated battery of a child.
17 (a) Any person of the age 18 years and upwards who
18 intentionally or knowingly, and without legal justification
19 and by any means, causes great bodily harm or permanent
20 disability or disfigurement to any child under the age of 13
21 years or to any institutionalized severely or profoundly
22 mentally retarded person, commits the offense of aggravated
23 battery of a child.
24 (b) Aggravated battery of a child is a Class X felony,
25 except that:
26 (1) if the person committed the offense while armed
27 with a firearm, 15 years shall be added to the term of
28 imprisonment imposed by the court;
29 (2) if, during the commission of the offense, the
30 person personally discharged a firearm, 20 years shall be
31 added to the term of imprisonment imposed by the court;
32 (3) if, during the commission of the offense, the
33 person personally discharged a firearm that proximately
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1 caused great bodily harm, permanent disability, permanent
2 disfigurement, or death to another person, 25 years or up
3 to a term of natural life shall be added to the term of
4 imprisonment imposed by the court.
5 (Source: P.A. 89-313, eff. 1-1-96.)
6 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
7 Sec. 12-11. Home Invasion.
8 (a) A person who is not a peace officer acting in the
9 line of duty commits home invasion when without authority he
10 or she knowingly enters the dwelling place of another when he
11 or she knows or has reason to know that one or more persons
12 is present or he or she knowingly enters the dwelling place
13 of another and remains in such dwelling place until he or she
14 knows or has reason to know that one or more persons is
15 present and
16 (1) While armed with a dangerous weapon, other than
17 a firearm, uses force or threatens the imminent use of
18 force upon any person or persons within such dwelling
19 place whether or not injury occurs, or
20 (2) Intentionally causes any injury, except as
21 provided in subsection (a)(5), to any person or persons
22 within such dwelling place, or
23 (3) While armed with a firearm uses force or
24 threatens the imminent use of force upon any person or
25 persons within such dwelling place whether or not injury
26 occurs, or
27 (4) Uses force or threatens the imminent use of
28 force upon any person or persons within such dwelling
29 place whether or not injury occurs and during the
30 commission of the offense personally discharges a
31 firearm, or
32 (5) Personally discharges a firearm that
33 proximately causes great bodily harm, permanent
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1 disability, permanent disfigurement, or death to another
2 person within such dwelling place.
3 (b) It is an affirmative defense to a charge of home
4 invasion that the accused who knowingly enters the dwelling
5 place of another and remains in such dwelling place until he
6 or she knows or has reason to know that one or more persons
7 is present either immediately leaves such premises or
8 surrenders to the person or persons lawfully present therein
9 without either attempting to cause or causing serious bodily
10 injury to any person present therein.
11 (c) Sentence. Home invasion in violation of subsection
12 (a)(1) or (a)(2) is a Class X felony. A violation of
13 subsection (a)(3) is a Class X felony for which 15 years
14 shall be added to the term of imprisonment imposed by the
15 court. A violation of subsection (a)(4) is a Class X felony
16 for which 20 years shall be added to the term of imprisonment
17 imposed by the court. A violation of subsection (a)(5) is a
18 Class X felony for which 25 years or up to a term of natural
19 life shall be added to the term of imprisonment imposed by
20 the court.
21 (d) For purposes of this Section, "dwelling place of
22 another" includes a dwelling place where the defendant
23 maintains a tenancy interest but from which the defendant has
24 been barred by a divorce decree, judgment of dissolution of
25 marriage, order of protection, or other court order.
26 (Source: P.A. 90-787, eff. 8-14-98.)
27 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
28 Sec. 12-14. Aggravated Criminal Sexual Assault.
29 (a) The accused commits aggravated criminal sexual
30 assault if he or she commits criminal sexual assault and any
31 of the following aggravating circumstances existed during, or
32 for the purposes of paragraph (7) of this subsection (a) as
33 part of the same course of conduct as, the commission of the
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1 offense:
2 (1) the accused displayed, threatened to use, or
3 used a dangerous weapon, other than a firearm, or any
4 object fashioned or utilized in such a manner as to lead
5 the victim under the circumstances reasonably to believe
6 it to be a dangerous weapon; or
7 (2) the accused caused bodily harm, except as
8 provided in subsection (a)(10), to the victim; or
9 (3) the accused acted in such a manner as to
10 threaten or endanger the life of the victim or any other
11 person; or
12 (4) the criminal sexual assault was perpetrated
13 during the course of the commission or attempted
14 commission of any other felony by the accused; or
15 (5) the victim was 60 years of age or over when the
16 offense was committed; or
17 (6) the victim was a physically handicapped person;
18 or
19 (7) the accused delivered (by injection,
20 inhalation, ingestion, transfer of possession, or any
21 other means) to the victim without his or her consent, or
22 by threat or deception, and for other than medical
23 purposes, any controlled substance; or.
24 (8) the accused was armed with a firearm; or
25 (9) the accused personally discharged a firearm
26 during the commission of the offense; or
27 (10) the accused, during the commission of the
28 offense, personally discharged a firearm that proximately
29 caused great bodily harm, permanent disability, permanent
30 disfigurement, or death to another person.
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)
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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 in violation
12 of paragraph (1), (2), (3), (4), (5), (6), or (7) of
13 subsection (a) is a Class X felony. A violation of
14 subsection (a)(8) is a Class X felony for which 15 years
15 shall be added to the term of imprisonment imposed by the
16 court. A violation of subsection (a)(9) is a Class X
17 felony for which 20 years shall be added to the term of
18 imprisonment imposed by the court. A violation of
19 subsection (a)(10) is a Class X felony for which 25 years
20 or up to a term of natural life imprisonment shall be
21 added to the term of imprisonment imposed by the court.
22 (2) A person who is convicted of a second or
23 subsequent offense of aggravated criminal sexual assault,
24 or who is convicted of the offense of aggravated criminal
25 sexual assault after having previously been convicted of
26 the offense of criminal sexual assault or the offense of
27 predatory criminal sexual assault of a child, or who is
28 convicted of the offense of aggravated criminal sexual
29 assault after having previously been convicted under the
30 laws of this or any other state of an offense that is
31 substantially equivalent to the offense of criminal
32 sexual assault, the offense of aggravated criminal sexual
33 assault or the offense of predatory criminal sexual
34 assault of a child, shall be sentenced to a term of
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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 (2) to apply.
4 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
5 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
6 (720 ILCS 5/12-14.1)
7 Sec. 12-14.1. Predatory criminal sexual assault of a
8 child.
9 (a) The accused commits predatory criminal sexual
10 assault of a child if:
11 (1) the accused was 17 years of age or over and
12 commits an act of sexual penetration with a victim who
13 was under 13 years of age when the act was committed; or
14 (1.1) the accused was 17 years of age or over and,
15 while armed with a firearm, commits an act of sexual
16 penetration with a victim who was under 13 years of age
17 when the act was committed; or
18 (1.2) the accused was 17 years of age or over and
19 commits an act of sexual penetration with a victim who
20 was under 13 years of age when the act was committed and,
21 during the commission of the offense, the accused
22 personally discharged a firearm; or
23 (2) the accused was 17 years of age or over and
24 commits an act of sexual penetration with a victim who
25 was under 13 years of age when the act was committed and
26 the accused caused great bodily harm to the victim that:
27 (A) resulted in permanent disability; or
28 (B) was life threatening; or
29 (3) the accused was 17 years of age or over and
30 commits an act of sexual penetration with a victim who
31 was under 13 years of age when the act was committed and
32 the accused delivered (by injection, inhalation,
33 ingestion, transfer of possession, or any other means) to
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1 the victim without his or her consent, or by threat or
2 deception, and for other than medical purposes, any
3 controlled substance.
4 (b) Sentence.
5 (1) A person convicted of a violation of subsection
6 (a)(1) commits a Class X felony. A person convicted of a
7 violation of subsection (a)(1.1) commits a Class X felony
8 for which 15 years shall be added to the term of
9 imprisonment imposed by the court. A person convicted of
10 a violation of subsection (a)(1.2) commits a Class X
11 felony for which 20 years shall be added to the term of
12 imprisonment imposed by the court. A person convicted of
13 a violation of subsection (a)(2) commits a Class X felony
14 for which the person shall be sentenced to a term of
15 imprisonment of not less than 50 years or up to a term of
16 natural life imprisonment. A person convicted of a
17 violation of subsection (a)(2) or (a) (3) commits a Class
18 X felony for which the person shall be sentenced to a
19 term of imprisonment of not less than 50 years and not
20 more than 60 years.
21 (2) A person who is convicted of a second or
22 subsequent offense of predatory criminal sexual assault
23 of a child, or who is convicted of the offense of
24 predatory criminal sexual assault of a child after having
25 previously been convicted of the offense of criminal
26 sexual assault or the offense of aggravated criminal
27 sexual assault, or who is convicted of the offense of
28 predatory criminal sexual assault of a child after having
29 previously been convicted under the laws of this State or
30 any other state of an offense that is substantially
31 equivalent to the offense of predatory criminal sexual
32 assault of a child, the offense of aggravated criminal
33 sexual assault or the offense of criminal sexual assault,
34 shall be sentenced to a term of natural life
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1 imprisonment. The commission of the second or subsequent
2 offense is required to have been after the initial
3 conviction for this paragraph (2) to apply.
4 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
5 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
6 (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
7 Sec. 18-2. Armed robbery.
8 (a) A person commits armed robbery when he or she
9 violates Section 18-1; and
10 (1) while he or she carries on or about his or her
11 person, or is otherwise armed with a dangerous weapon
12 other than a firearm; or
13 (2) he or she carries on or about his or her person
14 or is otherwise armed with a firearm; or
15 (3) he or she, during the commission of the
16 offense, personally discharges a firearm; or
17 (4) he or she, during the commission of the
18 offense, personally discharges a firearm that proximately
19 causes great bodily harm, permanent disability, permanent
20 disfigurement, or death to another person.
21 (b) Sentence.
22 Armed robbery in violation of subsection (a)(1) is a
23 Class X felony. A violation of subsection (a)(2) is a Class X
24 felony for which 15 years shall be added to the term of
25 imprisonment imposed by the court. A violation of subsection
26 (a)(3) is a Class X felony for which 20 years shall be added
27 to the term of imprisonment imposed by the court. A violation
28 of subsection (a)(4) is a Class X felony for which 25 years
29 or up to a term of natural life shall be added to the term of
30 imprisonment imposed by the court.
31 (Source: P.A. 80-1099.)
32 (720 ILCS 5/18-4)
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1 Sec. 18-4. Aggravated vehicular hijacking.
2 (a) A person commits aggravated vehicular hijacking when
3 he or she violates Section 18-3; and
4 (1) the person from whose immediate presence the
5 motor vehicle is taken is a physically handicapped person
6 or a person 60 years of age or over; or
7 (2) a person under 16 years of age is a passenger
8 in the motor vehicle at the time of the offense; or
9 (3) he or she carries on or about his or her
10 person, or is otherwise armed with a dangerous weapon,
11 other than a firearm; or
12 (4) he or she carries on or about his or her person
13 or is otherwise armed with a firearm; or
14 (5) he or she, during the commission of the
15 offense, personally discharges a firearm; or
16 (6) he or she, during the commission of the
17 offense, personally discharges a firearm that proximately
18 causes great bodily harm, permanent disability, permanent
19 disfigurement, or death to another person.
20 (b) Sentence. Aggravated vehicular hijacking in
21 violation of subsections (a)(1) or (a)(2) is a Class X
22 felony. Aggravated vehicular hijacking in violation of
23 subsection (a)(3) is a Class X felony for which a term of
24 imprisonment of not less than 7 years shall be imposed.
25 Aggravated vehicular hijacking in violation of subsection
26 (a)(4) is a Class X felony for which 15 years shall be added
27 to the term of imprisonment imposed by the court. Aggravated
28 vehicular hijacking in violation of subsection (a)(5) is a
29 Class X felony for which 20 years shall be added to the term
30 of imprisonment imposed by the court. Aggravated vehicular
31 hijacking in violation of subsection (a)(6) is a Class X
32 felony for which 25 years or up to a term of natural life
33 shall be added to the term of imprisonment imposed by the
34 court.
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1 (Source: P.A. 88-351.)
2 (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
3 Sec. 33A-1. Legislative intent and definitions.
4 (a) Legislative findings. The legislature finds and
5 declares the following:
6 (1) The use of a dangerous weapon in the commission
7 of a felony offense poses a much greater threat to the
8 public health, safety, and general welfare, then when a
9 weapon is not used in the commission of the offense.
10 (2) Further, the use of a firearm greatly
11 facilitates the commission of a criminal offense because
12 of the more lethal nature of a firearm and the greater
13 perceived threat produced in those confronted by a person
14 wielding a firearm. Unlike other dangerous weapons such
15 as knives and clubs, the use of a firearm in the
16 commission of a criminal felony offense significantly
17 escalates the threat and the potential for bodily harm,
18 and the greater range of the firearm increases the
19 potential for harm to more persons. Not only are the
20 victims and bystanders at greater risk when a firearm is
21 used, but also the law enforcement officers whose duty
22 is to confront and apprehend the armed suspect.
23 (3) Current law does contain offenses involving the
24 use or discharge of a gun toward or against a person,
25 such as aggravated battery with a firearm, aggravated
26 discharge of a firearm, and reckless discharge of a
27 firearm; however, the General Assembly has legislated
28 greater penalties for the commission of a felony while in
29 possession of a firearm because it deems such acts as
30 more serious.
31 (b) Legislative intent.
32 (1) In order to deter the use of firearms in the
33 commission of a felony offense, the General Assembly
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1 deems it appropriate for a greater penalty to be imposed
2 when a firearm is used or discharged in the commission of
3 an offense than the penalty imposed for using other types
4 of weapons and for the penalty to increase on more
5 serious offenses.
6 (2) With the additional elements of the discharge
7 of a firearm and great bodily harm inflicted by a firearm
8 being added to armed violence and other serious felony
9 offenses, it is the intent of the General Assembly to
10 punish those elements more severely during commission of
11 a felony offense than when those elements stand alone as
12 the act of the offender.
13 (3) It is the intent of the 91st General Assembly
14 that should Public Act 88-680 be declared
15 unconstitutional for a violation of Article 4, Section 8
16 of the 1970 Constitution of the State of Illinois, the
17 amendatory changes made by Public Act 88-680 to Article
18 33A of the Criminal Code of 1961 and which are set forth
19 as law in this amendatory Act of the 91st General
20 Assembly are hereby reenacted by this amendatory Act of
21 the 91st General Assembly.
22 (c) Definitions.
23 (1) (a) "Armed with a dangerous weapon". A person
24 is considered armed with a dangerous weapon for purposes
25 of this Article, when he or she carries on or about his
26 or her person or is otherwise armed with a Category I,
27 Category II, or Category III weapon.
28 (2) (b) A Category I weapon is a handgun, sawed-off
29 shotgun, sawed-off rifle, any other firearm small enough
30 to be concealed upon the person, semiautomatic firearm,
31 or machine gun. A Category II weapon is any other rifle,
32 shotgun, spring gun, other firearm, stun gun or taser as
33 defined in paragraph (a) of Section 24-1 of this Code,
34 knife with a blade of at least 3 inches in length,
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1 dagger, dirk, switchblade knife, stiletto, axe, hatchet,
2 or other deadly or dangerous weapon or instrument of like
3 character. As used in this subsection (b) "semiautomatic
4 firearm" means a repeating firearm that utilizes a
5 portion of the energy of a firing cartridge to extract
6 the fired cartridge case and chamber the next round and
7 that requires a separate pull of the trigger to fire each
8 cartridge.
9 t (3) (c) A Category III weapon is a bludgeon,
10 black-jack, slungshot, sand-bag, sand-club, metal
11 knuckles, billy, or other dangerous weapon of like
12 character.
13 (Source: P.A. 88-680, eff. 1-1-95.)
14 (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
15 Sec. 33A-2. Armed violence-Elements of the offense.
16 (a) A person commits armed violence when, while armed
17 with a dangerous weapon, he commits any felony defined by
18 Illinois Law, except first degree murder, attempted first
19 degree murder, intentional homicide of an unborn child,
20 predatory criminal sexual assault of a child, aggravated
21 criminal sexual assault, aggravated kidnaping, aggravated
22 battery of a child, home invasion, armed robbery, or
23 aggravated vehicular hijacking.
24 (b) A person commits armed violence when he or she
25 personally discharges a firearm that is a Category I or
26 Category II weapon while committing any felony defined by
27 Illinois law, except first degree murder, attempted first
28 degree murder, intentional homicide of an unborn child,
29 predatory criminal sexual assault of a child, aggravated
30 criminal sexual assault, aggravated kidnaping, aggravated
31 battery of a child, home invasion, armed robbery, or
32 aggravated vehicular hijacking.
33 (c) A person commits armed violence when he or she
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1 personally discharges a firearm that is a Category I or
2 Category II weapon that proximately causes great bodily harm,
3 permanent disability, or permanent disfigurement or death to
4 another person while committing any felony defined by
5 Illinois law, except first degree murder, attempted first
6 degree murder, intentional homicide of an unborn child,
7 predatory criminal sexual assault of a child, aggravated
8 criminal sexual assault, aggravated kidnaping, aggravated
9 battery of a child, home invasion, armed robbery, or
10 aggravated vehicular hijacking.
11 (d) This Section does not apply to violations of the
12 Fish and Aquatic Life Code or the Wildlife Code.
13 (Source: P.A. 80-1099.)
14 (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
15 Sec. 33A-3. Sentence.
16 (a) Violation of Section 33A-2(a) 33A-2 with a Category
17 I weapon is a Class X felony for which the defendant shall be
18 sentenced to a minimum term of imprisonment of 15 years.
19 (a-5) Violation of Section 33A-2(a) 33A-2 with a
20 Category II weapon is a Class X felony for which the
21 defendant shall be sentenced to a minimum term of
22 imprisonment of 10 years.
23 (b) Violation of Section 33A-2(a) 33A-2 with a Category
24 III weapon is a Class 2 felony or the felony classification
25 provided for the same act while unarmed, whichever permits
26 the greater penalty. A second or subsequent violation of
27 Section 33A-2(a) 33A-2 with a Category III weapon is a Class
28 1 felony or the felony classification provided for the same
29 act while unarmed, whichever permits the greater penalty.
30 (b-5) Violation of Section 33A-2(b) with a firearm that
31 is a Category I or Category II weapon is a Class X felony for
32 which the defendant shall be sentenced to a minimum term of
33 imprisonment of 20 years.
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1 (b-10) Violation of Section 33A-2(c) with a firearm that
2 is a Category I or Category II weapon is a Class X felony for
3 which the defendant shall be sentenced to a term of
4 imprisonment of not less than 25 years nor more than 40
5 years.
6 (c) Unless sentencing under Section 33B-1 is applicable,
7 any person who violates subsection (a) or (b) of Section
8 33A-2 with a firearm, when that person has been convicted in
9 any state or federal court of 3 or more of the following
10 offenses: treason, first degree murder, second degree murder,
11 predatory criminal sexual assault of a child, aggravated
12 criminal sexual assault, criminal sexual assault, robbery,
13 burglary, arson, kidnaping, aggravated battery resulting in
14 great bodily harm or permanent disability or disfigurement,
15 or a violation of Section 401(a) of the Illinois Controlled
16 Substances Act, when the third offense was committed after
17 conviction on the second, the second offense was committed
18 after conviction on the first, and the violation of Section
19 33A-2 was committed after conviction on the third, shall be
20 sentenced to a term of imprisonment of not less than 25 years
21 nor more than 50 years.
22 (c-5) Except as otherwise provided in paragraph (b-10)
23 or (c) of this Section, a person who violates Section
24 33A-2(a) with a firearm that is a Category I weapon or
25 Section 33A-2(b) in any school, in any conveyance owned,
26 leased, or contracted by a school to transport students to or
27 from school or a school related activity, or on the real
28 property comprising any school or public park, and where the
29 offense was related to the activities of an organized gang,
30 shall be sentenced to a term of imprisonment of not less than
31 the term set forth in subsection (a) or (b-5) of this
32 Section, whichever is applicable, and not more than 30 years.
33 For the purposes of this subsection (c-5), "organized gang"
34 has the meaning ascribed to it in Section 10 of the Illinois
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1 Streetgang Terrorism Omnibus Prevention Act.
2 (d) For armed violence based upon a predicate offense
3 listed in this subsection (d) the court shall enter the
4 sentence for armed violence to run consecutively to the
5 sentence imposed for the predicate offense. The offenses
6 covered by this provision are:
7 (i) solicitation of murder,
8 (ii) solicitation of murder for hire,
9 (iii) heinous battery,
10 (iv) aggravated battery of a senior citizen,
11 (v) criminal sexual assault,
12 (vi) a violation of subsection (g) of Section 5 of
13 the Cannabis Control Act,
14 (vii) cannabis trafficking,
15 (viii) a violation of subsection (a) of Section 401
16 of the Illinois Controlled Substances Act,
17 (ix) controlled substance trafficking involving a
18 Class X felony amount of controlled substance under
19 Section 401 of the Illinois Controlled Substances Act,
20 (x) calculated criminal drug conspiracy, or
21 (xi) streetgang criminal drug conspiracy.
22 (Source: P.A. 88-467; 88-680, eff. 1-1-95; 89-428, eff.
23 12-13-95; 89-462, eff. 5-29-96.)
24 Section 10. The Unified Code of Corrections is amended
25 by changing Sections 5-5-3, 5-8-1, 5-8-4 as follows:
26 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
27 Sec. 5-5-3. Disposition.
28 (a) Every person convicted of an offense shall be
29 sentenced as provided in this Section.
30 (b) The following options shall be appropriate
31 dispositions, alone or in combination, for all felonies and
32 misdemeanors other than those identified in subsection (c) of
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1 this Section:
2 (1) A period of probation.
3 (2) A term of periodic imprisonment.
4 (3) A term of conditional discharge.
5 (4) A term of imprisonment.
6 (5) An order directing the offender to clean up and
7 repair the damage, if the offender was convicted under
8 paragraph (h) of Section 21-1 of the Criminal Code of
9 1961.
10 (6) A fine.
11 (7) An order directing the offender to make
12 restitution to the victim under Section 5-5-6 of this
13 Code.
14 (8) A sentence of participation in a county impact
15 incarceration program under Section 5-8-1.2 of this Code.
16 Whenever an individual is sentenced for an offense based
17 upon an arrest for a violation of Section 11-501 of the
18 Illinois Vehicle Code, or a similar provision of a local
19 ordinance, and the professional evaluation recommends
20 remedial or rehabilitative treatment or education, neither
21 the treatment nor the education shall be the sole disposition
22 and either or both may be imposed only in conjunction with
23 another disposition. The court shall monitor compliance with
24 any remedial education or treatment recommendations contained
25 in the professional evaluation. Programs conducting alcohol
26 or other drug evaluation or remedial education must be
27 licensed by the Department of Human Services. However, if
28 the individual is not a resident of Illinois, the court may
29 accept an alcohol or other drug evaluation or remedial
30 education program in the state of such individual's
31 residence. Programs providing treatment must be licensed
32 under existing applicable alcoholism and drug treatment
33 licensure standards.
34 In addition to any other fine or penalty required by law,
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1 any individual convicted of a violation of Section 11-501 of
2 the Illinois Vehicle Code or a similar provision of local
3 ordinance, whose operation of a motor vehicle while in
4 violation of Section 11-501 or such ordinance proximately
5 caused an incident resulting in an appropriate emergency
6 response, shall be required to make restitution to a public
7 agency for the costs of that emergency response. Such
8 restitution shall not exceed $500 per public agency for each
9 such emergency response. For the purpose of this paragraph,
10 emergency response shall mean any incident requiring a
11 response by: a police officer as defined under Section 1-162
12 of the Illinois Vehicle Code; a fireman carried on the rolls
13 of a regularly constituted fire department; and an ambulance
14 as defined under Section 4.05 of the Emergency Medical
15 Services (EMS) Systems Act.
16 Neither a fine nor restitution shall be the sole
17 disposition for a felony and either or both may be imposed
18 only in conjunction with another disposition.
19 (c) (1) When a defendant is found guilty of first degree
20 murder the State may either seek a sentence of
21 imprisonment under Section 5-8-1 of this Code, or where
22 appropriate seek a sentence of death under Section 9-1 of
23 the Criminal Code of 1961.
24 (2) A period of probation, a term of periodic
25 imprisonment or conditional discharge shall not be
26 imposed for the following offenses. The court shall
27 sentence the offender to not less than the minimum term
28 of imprisonment set forth in this Code for the following
29 offenses, and may order a fine or restitution or both in
30 conjunction with such term of imprisonment:
31 (A) First degree murder where the death
32 penalty is not imposed.
33 (B) Attempted first degree murder.
34 (C) A Class X felony.
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1 (D) A violation of Section 401.1 or 407 of the
2 Illinois Controlled Substances Act, or a violation
3 of subdivision (c)(2) of Section 401 of that Act
4 which relates to more than 5 grams of a substance
5 containing cocaine or an analog thereof.
6 (E) A violation of Section 5.1 or 9 of the
7 Cannabis Control Act.
8 (F) A Class 2 or greater felony if the
9 offender had been convicted of a Class 2 or greater
10 felony within 10 years of the date on which he
11 committed the offense for which he is being
12 sentenced.
13 (G) Residential burglary.
14 (H) Criminal sexual assault, except as
15 otherwise provided in subsection (e) of this
16 Section.
17 (I) Aggravated battery of a senior citizen.
18 (J) A forcible felony if the offense was
19 related to the activities of an organized gang.
20 Before July 1, 1994, for the purposes of this
21 paragraph, "organized gang" means an association of
22 5 or more persons, with an established hierarchy,
23 that encourages members of the association to
24 perpetrate crimes or provides support to the members
25 of the association who do commit crimes.
26 Beginning July 1, 1994, for the purposes of
27 this paragraph, "organized gang" has the meaning
28 ascribed to it in Section 10 of the Illinois
29 Streetgang Terrorism Omnibus Prevention Act.
30 (K) Vehicular hijacking.
31 (L) A second or subsequent conviction for the
32 offense of hate crime when the underlying offense
33 upon which the hate crime is based is felony
34 aggravated assault or felony mob action.
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1 (M) A second or subsequent conviction for the
2 offense of institutional vandalism if the damage to
3 the property exceeds $300.
4 (N) A Class 3 felony violation of paragraph
5 (1) of subsection (a) of Section 2 of the Firearm
6 Owners Identification Card Act.
7 (O) A violation of Section 12-6.1 of the
8 Criminal Code of 1961.
9 (P) A violation of paragraph (1), (2), (3),
10 (4), (5), or (7) of subsection (a) of Section
11 11-20.1 of the Criminal Code of 1961.
12 (Q) A violation of Section 20-1.2 of the
13 Criminal Code of 1961.
14 (R) (Q) A violation of Section 24-3A of the
15 Criminal Code of 1961.
16 (3) A minimum term of imprisonment of not less than
17 48 consecutive hours or 100 hours of community service as
18 may be determined by the court shall be imposed for a
19 second or subsequent violation committed within 5 years
20 of a previous violation of Section 11-501 of the Illinois
21 Vehicle Code or a similar provision of a local ordinance.
22 (4) A minimum term of imprisonment of not less than
23 7 consecutive days or 30 days of community service shall
24 be imposed for a violation of paragraph (c) of Section
25 6-303 of the Illinois Vehicle Code.
26 (4.1) A minimum term of 30 consecutive days of
27 imprisonment, 40 days of 24 hour periodic imprisonment or
28 720 hours of community service, as may be determined by
29 the court, shall be imposed for a violation of Section
30 11-501 of the Illinois Vehicle Code during a period in
31 which the defendant's driving privileges are revoked or
32 suspended, where the revocation or suspension was for a
33 violation of Section 11-501 or Section 11-501.1 of that
34 Code.
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1 (5) The court may sentence an offender convicted of
2 a business offense or a petty offense or a corporation or
3 unincorporated association convicted of any offense to:
4 (A) a period of conditional discharge;
5 (B) a fine;
6 (C) make restitution to the victim under
7 Section 5-5-6 of this Code.
8 (6) In no case shall an offender be eligible for a
9 disposition of probation or conditional discharge for a
10 Class 1 felony committed while he was serving a term of
11 probation or conditional discharge for a felony.
12 (7) When a defendant is adjudged a habitual
13 criminal under Article 33B of the Criminal Code of 1961,
14 the court shall sentence the defendant to a term of
15 natural life imprisonment.
16 (8) When a defendant, over the age of 21 years, is
17 convicted of a Class 1 or Class 2 felony, after having
18 twice been convicted of any Class 2 or greater Class
19 felonies in Illinois, and such charges are separately
20 brought and tried and arise out of different series of
21 acts, such defendant shall be sentenced as a Class X
22 offender. This paragraph shall not apply unless (1) the
23 first felony was committed after the effective date of
24 this amendatory Act of 1977; and (2) the second felony
25 was committed after conviction on the first; and (3) the
26 third felony was committed after conviction on the
27 second.
28 (9) A defendant convicted of a second or subsequent
29 offense of ritualized abuse of a child may be sentenced
30 to a term of natural life imprisonment.
31 (10) Beginning July 1, 1994, unless sentencing
32 under Section 33B-1 is applicable, a term of imprisonment
33 of not less than 15 years nor more than 50 years shall be
34 imposed on a defendant who violates Section 33A-2 of the
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1 Criminal Code of 1961 with a firearm, when that person
2 has been convicted in any state or federal court of 3 or
3 more of the following offenses: treason, first degree
4 murder, second degree murder, aggravated criminal sexual
5 assault, criminal sexual assault, robbery, burglary,
6 arson, kidnaping, aggravated battery resulting in great
7 bodily harm or permanent disability or disfigurement, or
8 a violation of Section 401(a) of the Illinois Controlled
9 Substances Act, when the third offense was committed
10 after conviction on the second, the second offense was
11 committed after conviction on the first, and the
12 violation of Section 33A-2 of the Criminal Code of 1961
13 was committed after conviction on the third.
14 (11) Beginning July 1, 1994, a term of imprisonment
15 of not less than 10 years and not more than 30 years
16 shall be imposed on a defendant who violates Section
17 33A-2 with a Category I weapon where the offense was
18 committed in any school, or any conveyance owned, leased,
19 or contracted by a school to transport students to or
20 from school or a school related activity, on the real
21 property comprising any school or public park, and where
22 the offense was related to the activities of an organized
23 gang. For the purposes of this paragraph (11),
24 "organized gang" has the meaning ascribed to it in
25 Section 10 of the Illinois Streetgang Terrorism Omnibus
26 Prevention Act.
27 (d) In any case in which a sentence originally imposed
28 is vacated, the case shall be remanded to the trial court.
29 The trial court shall hold a hearing under Section 5-4-1 of
30 the Unified Code of Corrections which may include evidence of
31 the defendant's life, moral character and occupation during
32 the time since the original sentence was passed. The trial
33 court shall then impose sentence upon the defendant. The
34 trial court may impose any sentence which could have been
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1 imposed at the original trial subject to Section 5-5-4 of the
2 Unified Code of Corrections.
3 (e) In cases where prosecution for criminal sexual
4 assault or aggravated criminal sexual abuse under Section
5 12-13 or 12-16 of the Criminal Code of 1961 results in
6 conviction of a defendant who was a family member of the
7 victim at the time of the commission of the offense, the
8 court shall consider the safety and welfare of the victim and
9 may impose a sentence of probation only where:
10 (1) the court finds (A) or (B) or both are
11 appropriate:
12 (A) the defendant is willing to undergo a
13 court approved counseling program for a minimum
14 duration of 2 years; or
15 (B) the defendant is willing to participate in
16 a court approved plan including but not limited to
17 the defendant's:
18 (i) removal from the household;
19 (ii) restricted contact with the victim;
20 (iii) continued financial support of the
21 family;
22 (iv) restitution for harm done to the
23 victim; and
24 (v) compliance with any other measures
25 that the court may deem appropriate; and
26 (2) the court orders the defendant to pay for the
27 victim's counseling services, to the extent that the
28 court finds, after considering the defendant's income and
29 assets, that the defendant is financially capable of
30 paying for such services, if the victim was under 18
31 years of age at the time the offense was committed and
32 requires counseling as a result of the offense.
33 Probation may be revoked or modified pursuant to Section
34 5-6-4; except where the court determines at the hearing that
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1 the defendant violated a condition of his or her probation
2 restricting contact with the victim or other family members
3 or commits another offense with the victim or other family
4 members, the court shall revoke the defendant's probation and
5 impose a term of imprisonment.
6 For the purposes of this Section, "family member" and
7 "victim" shall have the meanings ascribed to them in Section
8 12-12 of the Criminal Code of 1961.
9 (f) This Article shall not deprive a court in other
10 proceedings to order a forfeiture of property, to suspend or
11 cancel a license, to remove a person from office, or to
12 impose any other civil penalty.
13 (g) Whenever a defendant is convicted of an offense
14 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
15 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
16 12-15 or 12-16 of the Criminal Code of 1961, the defendant
17 shall undergo medical testing to determine whether the
18 defendant has any sexually transmissible disease, including a
19 test for infection with human immunodeficiency virus (HIV) or
20 any other identified causative agent of acquired
21 immunodeficiency syndrome (AIDS). Any such medical test
22 shall be performed only by appropriately licensed medical
23 practitioners and may include an analysis of any bodily
24 fluids as well as an examination of the defendant's person.
25 Except as otherwise provided by law, the results of such test
26 shall be kept strictly confidential by all medical personnel
27 involved in the testing and must be personally delivered in a
28 sealed envelope to the judge of the court in which the
29 conviction was entered for the judge's inspection in camera.
30 Acting in accordance with the best interests of the victim
31 and the public, the judge shall have the discretion to
32 determine to whom, if anyone, the results of the testing may
33 be revealed. The court shall notify the defendant of the test
34 results. The court shall also notify the victim if requested
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1 by the victim, and if the victim is under the age of 15 and
2 if requested by the victim's parents or legal guardian, the
3 court shall notify the victim's parents or legal guardian of
4 the test results. The court shall provide information on the
5 availability of HIV testing and counseling at Department of
6 Public Health facilities to all parties to whom the results
7 of the testing are revealed and shall direct the State's
8 Attorney to provide the information to the victim when
9 possible. A State's Attorney may petition the court to obtain
10 the results of any HIV test administered under this Section,
11 and the court shall grant the disclosure if the State's
12 Attorney shows it is relevant in order to prosecute a charge
13 of criminal transmission of HIV under Section 12-16.2 of the
14 Criminal Code of 1961 against the defendant. The court shall
15 order that the cost of any such test shall be paid by the
16 county and may be taxed as costs against the convicted
17 defendant.
18 (g-5) When an inmate is tested for an airborne
19 communicable disease, as determined by the Illinois
20 Department of Public Health including but not limited to
21 tuberculosis, the results of the test shall be personally
22 delivered by the warden or his or her designee in a sealed
23 envelope to the judge of the court in which the inmate must
24 appear for the judge's inspection in camera if requested by
25 the judge. Acting in accordance with the best interests of
26 those in the courtroom, the judge shall have the discretion
27 to determine what if any precautions need to be taken to
28 prevent transmission of the disease in the courtroom.
29 (h) Whenever a defendant is convicted of an offense
30 under Section 1 or 2 of the Hypodermic Syringes and Needles
31 Act, the defendant shall undergo medical testing to determine
32 whether the defendant has been exposed to human
33 immunodeficiency virus (HIV) or any other identified
34 causative agent of acquired immunodeficiency syndrome (AIDS).
-30- LRB9104147LDdvam02
1 Except as otherwise provided by law, the results of such test
2 shall be kept strictly confidential by all medical personnel
3 involved in the testing and must be personally delivered in a
4 sealed envelope to the judge of the court in which the
5 conviction was entered for the judge's inspection in camera.
6 Acting in accordance with the best interests of the public,
7 the judge shall have the discretion to determine to whom, if
8 anyone, the results of the testing may be revealed. The court
9 shall notify the defendant of a positive test showing an
10 infection with the human immunodeficiency virus (HIV). The
11 court shall provide information on the availability of HIV
12 testing and counseling at Department of Public Health
13 facilities to all parties to whom the results of the testing
14 are revealed and shall direct the State's Attorney to provide
15 the information to the victim when possible. A State's
16 Attorney may petition the court to obtain the results of any
17 HIV test administered under this Section, and the court
18 shall grant the disclosure if the State's Attorney shows it
19 is relevant in order to prosecute a charge of criminal
20 transmission of HIV under Section 12-16.2 of the Criminal
21 Code of 1961 against the defendant. The court shall order
22 that the cost of any such test shall be paid by the county
23 and may be taxed as costs against the convicted defendant.
24 (i) All fines and penalties imposed under this Section
25 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
26 Vehicle Code, or a similar provision of a local ordinance,
27 and any violation of the Child Passenger Protection Act, or a
28 similar provision of a local ordinance, shall be collected
29 and disbursed by the circuit clerk as provided under Section
30 27.5 of the Clerks of Courts Act.
31 (j) In cases when prosecution for any violation of
32 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
33 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
34 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
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1 12-16 of the Criminal Code of 1961, any violation of the
2 Illinois Controlled Substances Act, or any violation of the
3 Cannabis Control Act results in conviction, a disposition of
4 court supervision, or an order of probation granted under
5 Section 10 of the Cannabis Control Act or Section 410 of the
6 Illinois Controlled Substance Act of a defendant, the court
7 shall determine whether the defendant is employed by a
8 facility or center as defined under the Child Care Act of
9 1969, a public or private elementary or secondary school, or
10 otherwise works with children under 18 years of age on a
11 daily basis. When a defendant is so employed, the court
12 shall order the Clerk of the Court to send a copy of the
13 judgment of conviction or order of supervision or probation
14 to the defendant's employer by certified mail. If the
15 employer of the defendant is a school, the Clerk of the Court
16 shall direct the mailing of a copy of the judgment of
17 conviction or order of supervision or probation to the
18 appropriate regional superintendent of schools. The regional
19 superintendent of schools shall notify the State Board of
20 Education of any notification under this subsection.
21 (j-5) A defendant at least 17 years of age who is
22 convicted of a felony and who has not been previously
23 convicted of a misdemeanor or felony and who is sentenced to
24 a term of imprisonment in the Illinois Department of
25 Corrections shall as a condition of his or her sentence be
26 required by the court to attend educational courses designed
27 to prepare the defendant for a high school diploma and to
28 work toward a high school diploma or to work toward passing
29 the high school level Test of General Educational Development
30 (GED) or to work toward completing a vocational training
31 program offered by the Department of Corrections. If a
32 defendant fails to complete the educational training required
33 by his or her sentence during the term of incarceration, the
34 Prisoner Review Board shall, as a condition of mandatory
-32- LRB9104147LDdvam02
1 supervised release, require the defendant, at his or her own
2 expense, to pursue a course of study toward a high school
3 diploma or passage of the GED test. The Prisoner Review
4 Board shall revoke the mandatory supervised release of a
5 defendant who wilfully fails to comply with this subsection
6 (j-5) upon his or her release from confinement in a penal
7 institution while serving a mandatory supervised release
8 term; however, the inability of the defendant after making a
9 good faith effort to obtain financial aid or pay for the
10 educational training shall not be deemed a wilful failure to
11 comply. The Prisoner Review Board shall recommit the
12 defendant whose mandatory supervised release term has been
13 revoked under this subsection (j-5) as provided in Section
14 3-3-9. This subsection (j-5) does not apply to a defendant
15 who has a high school diploma or has successfully passed the
16 GED test. This subsection (j-5) does not apply to a defendant
17 who is determined by the court to be developmentally disabled
18 or otherwise mentally incapable of completing the educational
19 or vocational program.
20 (k) A court may not impose a sentence or disposition for
21 a felony or misdemeanor that requires the defendant to be
22 implanted or injected with or to use any form of birth
23 control.
24 (l) (A) Except as provided in paragraph (C) of
25 subsection (l), whenever a defendant, who is an alien as
26 defined by the Immigration and Nationality Act, is
27 convicted of any felony or misdemeanor offense, the court
28 after sentencing the defendant may, upon motion of the
29 State's Attorney, hold sentence in abeyance and remand
30 the defendant to the custody of the Attorney General of
31 the United States or his or her designated agent to be
32 deported when:
33 (1) a final order of deportation has been
34 issued against the defendant pursuant to proceedings
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1 under the Immigration and Nationality Act, and
2 (2) the deportation of the defendant would not
3 deprecate the seriousness of the defendant's conduct
4 and would not be inconsistent with the ends of
5 justice.
6 Otherwise, the defendant shall be sentenced as
7 provided in this Chapter V.
8 (B) If the defendant has already been sentenced for
9 a felony or misdemeanor offense, or has been placed on
10 probation under Section 10 of the Cannabis Control Act or
11 Section 410 of the Illinois Controlled Substances Act,
12 the court may, upon motion of the State's Attorney to
13 suspend the sentence imposed, commit the defendant to the
14 custody of the Attorney General of the United States or
15 his or her designated agent when:
16 (1) a final order of deportation has been
17 issued against the defendant pursuant to proceedings
18 under the Immigration and Nationality Act, and
19 (2) the deportation of the defendant would not
20 deprecate the seriousness of the defendant's conduct
21 and would not be inconsistent with the ends of
22 justice.
23 (C) This subsection (l) does not apply to offenders
24 who are subject to the provisions of paragraph (2) of
25 subsection (a) of Section 3-6-3.
26 (D) Upon motion of the State's Attorney, if a
27 defendant sentenced under this Section returns to the
28 jurisdiction of the United States, the defendant shall be
29 recommitted to the custody of the county from which he or
30 she was sentenced. Thereafter, the defendant shall be
31 brought before the sentencing court, which may impose any
32 sentence that was available under Section 5-5-3 at the
33 time of initial sentencing. In addition, the defendant
34 shall not be eligible for additional good conduct credit
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1 for meritorious service as provided under Section 3-6-6.
2 (m) A person convicted of criminal defacement of
3 property under Section 21-1.3 of the Criminal Code of 1961,
4 in which the property damage exceeds $300 and the property
5 damaged is a school building, shall be ordered to perform
6 community service that may include cleanup, removal, or
7 painting over the defacement.
8 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
9 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
10 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
11 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
12 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99;
13 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.)
14 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
15 Sec. 5-8-1. Sentence of Imprisonment for Felony.
16 (a) Except as otherwise provided in the statute defining
17 the offense, a sentence of imprisonment for a felony shall be
18 a determinate sentence set by the court under this Section,
19 according to the following limitations:
20 (1) for first degree murder,
21 (a) a term shall be not less than 20 years and
22 not more than 60 years, or
23 (b) if the court finds that the murder was
24 accompanied by exceptionally brutal or heinous
25 behavior indicative of wanton cruelty or, except as
26 set forth in subsection (a)(1)(c) of this Section,
27 that any of the aggravating factors listed in
28 subsection (b) of Section 9-1 of the Criminal Code
29 of 1961 are present, the court may sentence the
30 defendant to a term of natural life imprisonment, 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, or paragraph (2) of subsection (b) of
27 Section 12-14.1 of the Criminal Code of 1961, the
28 sentence shall be a term of natural life imprisonment;
29 (3) except as otherwise provided in the statute
30 defining the offense, for a Class X felony, the sentence
31 shall be not less than 6 years and not more than 30
32 years;
33 (4) for a Class 1 felony, other than second degree
34 murder, the sentence shall be not less than 4 years and
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1 not more than 15 years;
2 (5) for a Class 2 felony, the sentence shall be not
3 less than 3 years and not more than 7 years;
4 (6) for a Class 3 felony, the sentence shall be not
5 less than 2 years and not more than 5 years;
6 (7) for a Class 4 felony, the sentence shall be not
7 less than 1 year and not more than 3 years.
8 (b) The sentencing judge in each felony conviction shall
9 set forth his reasons for imposing the particular sentence he
10 enters in the case, as provided in Section 5-4-1 of this
11 Code. Those reasons may include any mitigating or
12 aggravating factors specified in this Code, or the lack of
13 any such circumstances, as well as any other such factors as
14 the judge shall set forth on the record that are consistent
15 with the purposes and principles of sentencing set out in
16 this Code.
17 (c) A motion to reduce a sentence may be made, or the
18 court may reduce a sentence without motion, within 30 days
19 after the sentence is imposed. A defendant's challenge to
20 the correctness of a sentence or to any aspect of the
21 sentencing hearing shall be made by a written motion filed
22 within 30 days following the imposition of sentence.
23 However, the court may not increase a sentence once it is
24 imposed.
25 If a motion filed pursuant to this subsection is timely
26 filed within 30 days after the sentence is imposed, the
27 proponent of the motion shall exercise due diligence in
28 seeking a determination on the motion and the court shall
29 thereafter decide such motion within a reasonable time.
30 If a motion filed pursuant to this subsection is timely
31 filed within 30 days after the sentence is imposed, then for
32 purposes of perfecting an appeal, a final judgment shall not
33 be considered to have been entered until the motion to reduce
34 a sentence has been decided by order entered by the trial
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1 court.
2 A motion filed pursuant to this subsection shall not be
3 considered to have been timely filed unless it is filed with
4 the circuit court clerk within 30 days after the sentence is
5 imposed together with a notice of motion, which notice of
6 motion shall set the motion on the court's calendar on a date
7 certain within a reasonable time after the date of filing.
8 (d) Except where a term of natural life is imposed,
9 every sentence shall include as though written therein a term
10 in addition to the term of imprisonment. For those sentenced
11 under the law in effect prior to February 1, 1978, such term
12 shall be identified as a parole term. For those sentenced on
13 or after February 1, 1978, such term shall be identified as a
14 mandatory supervised release term. Subject to earlier
15 termination under Section 3-3-8, the parole or mandatory
16 supervised release term shall be as follows:
17 (1) for first degree murder or a Class X felony, 3
18 years;
19 (2) for a Class 1 felony or a Class 2 felony, 2
20 years;
21 (3) for a Class 3 felony or a Class 4 felony, 1
22 year.
23 (e) A defendant who has a previous and unexpired
24 sentence of imprisonment imposed by another state or by any
25 district court of the United States and who, after sentence
26 for a crime in Illinois, must return to serve the unexpired
27 prior sentence may have his sentence by the Illinois court
28 ordered to be concurrent with the prior sentence in the other
29 state. The court may order that any time served on the
30 unexpired portion of the sentence in the other state, prior
31 to his return to Illinois, shall be credited on his Illinois
32 sentence. The other state shall be furnished with a copy of
33 the order imposing sentence which shall provide that, when
34 the offender is released from confinement of the other state,
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1 whether by parole or by termination of sentence, the offender
2 shall be transferred by the Sheriff of the committing county
3 to the Illinois Department of Corrections. The court shall
4 cause the Department of Corrections to be notified of such
5 sentence at the time of commitment and to be provided with
6 copies of all records regarding the sentence.
7 (f) A defendant who has a previous and unexpired
8 sentence of imprisonment imposed by an Illinois circuit court
9 for a crime in this State and who is subsequently sentenced
10 to a term of imprisonment by another state or by any district
11 court of the United States and who has served a term of
12 imprisonment imposed by the other state or district court of
13 the United States, and must return to serve the unexpired
14 prior sentence imposed by the Illinois Circuit Court may
15 apply to the court which imposed sentence to have his
16 sentence reduced.
17 The circuit court may order that any time served on the
18 sentence imposed by the other state or district court of the
19 United States be credited on his Illinois sentence. Such
20 application for reduction of a sentence under this
21 subsection (f) shall be made within 30 days after the
22 defendant has completed the sentence imposed by the other
23 state or district court of the United States.
24 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
25 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff.
26 1-1-99.)
27 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
28 Sec. 5-8-4. Concurrent and Consecutive Terms of
29 Imprisonment.
30 (a) When multiple sentences of imprisonment are imposed
31 on a defendant at the same time, or when a term of
32 imprisonment is imposed on a defendant who is already subject
33 to sentence in this State or in another state, or for a
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1 sentence imposed by any district court of the United States,
2 the sentences shall run concurrently or consecutively as
3 determined by the court. When a term of imprisonment is
4 imposed on a defendant by an Illinois circuit court and the
5 defendant is subsequently sentenced to a term of imprisonment
6 by another state or by a district court of the United States,
7 the Illinois circuit court which imposed the sentence may
8 order that the Illinois sentence be made concurrent with the
9 sentence imposed by the other state or district court of the
10 United States. The defendant must apply to the circuit court
11 within 30 days after the defendant's sentence imposed by the
12 other state or district of the United States is finalized.
13 The court shall not impose consecutive sentences for offenses
14 which were committed as part of a single course of conduct
15 during which there was no substantial change in the nature of
16 the criminal objective, unless:
17 (i), one of the offenses for which defendant was
18 convicted was a Class X or Class 1 felony and the
19 defendant inflicted severe bodily injury, or
20 (ii) where the defendant was convicted of a
21 violation of Section 12-13, 12-14, or 12-14.1 of the
22 Criminal Code of 1961, or
23 (iii) the defendant was convicted of armed violence
24 based upon the predicate offense of solicitation of
25 murder, solicitation of murder for hire, heinous battery,
26 aggravated battery of a senior citizen, criminal sexual
27 assault, a violation of subsection (g) of Section 5 of
28 the Cannabis Control Act, cannabis trafficking, a
29 violation of subsection (a) of Section 401 of the
30 Illinois Controlled Substances Act, controlled substance
31 trafficking involving a Class X felony amount of
32 controlled substance under Section 401 of the Illinois
33 Controlled Substances Act, calculated criminal drug
34 conspiracy, or streetgang criminal drug conspiracy,
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1 in which event the court shall enter sentences to run
2 consecutively. Sentences shall run concurrently unless
3 otherwise specified by the court.
4 (b) The court shall not impose a consecutive sentence
5 except as provided for in subsection (a) unless, having
6 regard to the nature and circumstances of the offense and the
7 history and character of the defendant, it is of the opinion
8 that such a term is required to protect the public from
9 further criminal conduct by the defendant, the basis for
10 which the court shall set forth in the record; except that no
11 such finding or opinion is required when multiple sentences
12 of imprisonment are imposed on a defendant for offenses that
13 were not committed as part of a single course of conduct
14 during which there was no substantial change in the nature of
15 the criminal objective, and one of the offenses for which the
16 defendant was convicted was a Class X or Class 1 felony and
17 the defendant inflicted severe bodily injury, or when the
18 defendant was convicted of a violation of Section 12-13,
19 12-14, or 12-14.1 of the Criminal Code of 1961, or where the
20 defendant was convicted of armed violence based upon the
21 predicate offense of solicitation of murder, solicitation of
22 murder for hire, heinous battery, aggravated battery of a
23 senior citizen, criminal sexual assault, a violation of
24 subsection (g) of Section 5 of the Cannabis Control Act,
25 cannabis trafficking, a violation of subsection (a) of
26 Section 401 of the Illinois Controlled Substances Act,
27 controlled substance trafficking involving a Class X felony
28 amount of controlled substance under Section 401 of the
29 Illinois Controlled Substances Act, calculated criminal drug
30 conspiracy, or streetgang criminal drug conspiracy, in which
31 event the Court shall enter sentences to run consecutively.
32 (c) (1) For sentences imposed under law in effect prior
33 to February 1, 1978 the aggregate maximum of consecutive
34 sentences shall not exceed the maximum term authorized
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1 under Section 5-8-1 for the 2 most serious felonies
2 involved. The aggregate minimum period of consecutive
3 sentences shall not exceed the highest minimum term
4 authorized under Section 5-8-1 for the 2 most serious
5 felonies involved. When sentenced only for misdemeanors,
6 a defendant shall not be consecutively sentenced to more
7 than the maximum for one Class A misdemeanor.
8 (2) For sentences imposed under the law in effect
9 on or after February 1, 1978, the aggregate of
10 consecutive sentences for offenses that were committed as
11 part of a single course of conduct during which there was
12 no substantial change in the nature of the criminal
13 objective shall not exceed the sum of the maximum terms
14 authorized under Section 5-8-2 for the 2 most serious
15 felonies involved, but no such limitation shall apply for
16 offenses that were not committed as part of a single
17 course of conduct during which there was no substantial
18 change in the nature of the criminal objective. When
19 sentenced only for misdemeanors, a defendant shall not be
20 consecutively sentenced to more than the maximum for one
21 Class A misdemeanor.
22 (d) An offender serving a sentence for a misdemeanor who
23 is convicted of a felony and sentenced to imprisonment shall
24 be transferred to the Department of Corrections, and the
25 misdemeanor sentence shall be merged in and run concurrently
26 with the felony sentence.
27 (e) In determining the manner in which consecutive
28 sentences of imprisonment, one or more of which is for a
29 felony, will be served, the Department of Corrections shall
30 treat the offender as though he had been committed for a
31 single term with the following incidents:
32 (1) the maximum period of a term of imprisonment
33 shall consist of the aggregate of the maximums of the
34 imposed indeterminate terms, if any, plus the aggregate
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1 of the imposed determinate sentences for felonies plus
2 the aggregate of the imposed determinate sentences for
3 misdemeanors subject to paragraph (c) of this Section;
4 (2) the parole or mandatory supervised release term
5 shall be as provided in paragraph (e) of Section 5-8-1 of
6 this Code for the most serious of the offenses involved;
7 (3) the minimum period of imprisonment shall be the
8 aggregate of the minimum and determinate periods of
9 imprisonment imposed by the court, subject to paragraph
10 (c) of this Section; and
11 (4) the offender shall be awarded credit against
12 the aggregate maximum term and the aggregate minimum term
13 of imprisonment for all time served in an institution
14 since the commission of the offense or offenses and as a
15 consequence thereof at the rate specified in Section
16 3-6-3 of this Code.
17 (f) A sentence of an offender committed to the
18 Department of Corrections at the time of the commission of
19 the offense shall be served consecutive to the sentence under
20 which he is held by the Department of Corrections. However,
21 in case such offender shall be sentenced to punishment by
22 death, the sentence shall be executed at such time as the
23 court may fix without regard to the sentence under which such
24 offender may be held by the Department.
25 (g) A sentence under Section 3-6-4 for escape or
26 attempted escape shall be served consecutive to the terms
27 under which the offender is held by the Department of
28 Corrections.
29 (h) If a person charged with a felony commits a separate
30 felony while on pre-trial release or in pretrial detention in
31 a county jail facility or county detention facility, the
32 sentences imposed upon conviction of these felonies shall be
33 served consecutively regardless of the order in which the
34 judgments of conviction are entered.
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1 (i) If a person admitted to bail following conviction of
2 a felony commits a separate felony while free on bond or if a
3 person detained in a county jail facility or county detention
4 facility following conviction of a felony commits a separate
5 felony while in detention, any sentence following conviction
6 of the separate felony shall be consecutive to that of the
7 original sentence for which the defendant was on bond or
8 detained.
9 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
10 90-128, eff. 7-22-97.)".