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| [ House Amendment 002 ] |
91_SB1112sam002
LRB9104147LDmbam02
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 8-1.1, 8-1.2, 9-1.2, 10-2, 12-4.1, 12-4.3,
6 12-4.6, 12-11, 12-13, 12-14, 12-14.1, 18-2, 18-4, and 33A-2
7 and adding Sections 2-3.5, 2-7.5, and 2-15.5 as follows:
8 (720 ILCS 5/2-3.5 new)
9 Sec. 2-3.5. "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. 2-7.5. "Firearm". Except as otherwise provided in
15 a specific Section, "firearm" shall have the meaning ascribed
16 to it in Section 1.1 of the Firearm Owners Identification
17 Card Act.
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 5/8-1.1) (from Ch. 38, par. 8-1.1)
6 Sec. 8-1.1. Solicitation of Murder.
7 (a) A person commits solicitation of murder when, with
8 the intent that the offense of first degree murder be
9 committed, he commands, encourages or requests another to
10 commit that offense.
11 (b) Penalty. Solicitation of murder is a Class X felony
12 and a person convicted of solicitation of murder shall be
13 sentenced to a term of imprisonment for a period of not less
14 than 15 years and not more than 30 years, except that:
15 (1) in cases where the person solicited was a
16 person under the age of 17 years, the person convicted of
17 solicitation of murder shall be sentenced to a term of
18 imprisonment for a period of not less than 20 years and
19 not more than 60 years;.
20 (2) 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 (3) 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 (4) 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 (Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.)
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1 (720 ILCS 5/8-1.2) (from Ch. 38, par. 8-1.2)
2 Sec. 8-1.2. Solicitation of Murder for Hire. (a) A
3 person commits solicitation of murder for hire when, with the
4 intent that the offense of first degree murder be committed,
5 he procures another to commit that offense pursuant to any
6 contract, agreement, understanding, command or request for
7 money or anything of value.
8 (b) Penalty. Solicitation of murder for hire is a Class
9 X felony and a person convicted of solicitation of murder for
10 hire shall be sentenced to a term of imprisonment of not less
11 than 20 years and not more than 40 years, except that:.
12 (1) if the person committed the offense while armed
13 with a firearm, 15 years of imprisonment shall be added
14 to the term of imprisonment imposed by the court;
15 (2) if, during the commission of the offense, the
16 person personally discharged a firearm, 20 years of
17 imprisonment shall be added to the term of imprisonment
18 imposed by the court;
19 (3) if, during the commission of the offense, the
20 person personally discharged a firearm that proximately
21 caused great bodily harm, permanent disability, permanent
22 disfigurement, or death to any person, 25 years to life
23 of imprisonment shall be added to the term of
24 imprisonment imposed by the court.
25 (Source: P.A. 85-1003; 85-1030; 85-1440.)
26 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
27 Sec. 9-1.2. Intentional Homicide of an Unborn Child. (a)
28 A person commits the offense of intentional homicide of an
29 unborn child if, in performing acts which cause the death of
30 an unborn child, he without lawful justification:
31 (1) either intended to cause the death of or do great
32 bodily harm to the pregnant woman or her unborn child or knew
33 that such acts would cause death or great bodily harm to the
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1 pregnant woman or her unborn child; or
2 (2) he knew that his acts created a strong probability
3 of death or great bodily harm to the pregnant woman or her
4 unborn child; and
5 (3) he knew that the woman was pregnant.
6 (b) For purposes of this Section, (1) "unborn child"
7 shall mean any individual of the human species from
8 fertilization until birth, and (2) "person" shall not include
9 the pregnant woman whose unborn child is killed.
10 (c) This Section shall not apply to acts which cause the
11 death of an unborn child if those acts were committed during
12 any abortion, as defined in Section 2 of the Illinois
13 Abortion Law of 1975, as amended, to which the pregnant woman
14 has consented. This Section shall not apply to acts which
15 were committed pursuant to usual and customary standards of
16 medical practice during diagnostic testing or therapeutic
17 treatment.
18 (d) Penalty. The sentence for intentional homicide of
19 an unborn child shall be the same as for first degree murder,
20 except that:
21 (1) the death penalty may not be imposed;.
22 (2) if the person committed the offense while armed
23 with a firearm, 15 years of imprisonment shall be added
24 to the term of imprisonment imposed by the court;
25 (3) if, during the commission of the offense, the
26 person personally discharged a firearm, 20 years of
27 imprisonment shall be added to the term of imprisonment
28 imposed by the court;
29 (4) if, during the commission of the offense, the
30 person personally discharged a firearm that proximately
31 caused great bodily harm, permanent disability, permanent
32 disfigurement, or death to any person, 25 years to life
33 of imprisonment shall be added to the term of
34 imprisonment imposed by the court.
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1 (e) The provisions of this Act shall not be construed to
2 prohibit the prosecution of any person under any other
3 provision of law.
4 (Source: P.A. 85-293.)
5 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
6 Sec. 10-2. Aggravated kidnaping.
7 (a) A kidnaper within the definition of paragraph (a) of
8 Section 10-1 is guilty of the offense of aggravated
9 kidnaping when he:
10 (1) Kidnaps for the purpose of obtaining ransom
11 from the person kidnaped or from any other person, or
12 (2) Takes as his victim a child under the age of 13
13 years, or an institutionalized severely or profoundly
14 mentally retarded person, or
15 (3) Inflicts great bodily harm or commits another
16 felony upon his victim, or
17 (4) Wears a hood, robe or mask or conceals his
18 identity, or
19 (5) Commits the offense of kidnaping while armed
20 with a dangerous weapon, as defined in Section 33A-1 of
21 the "Criminal Code of 1961".
22 As used in this Section, "ransom" includes money, benefit
23 or other valuable thing or concession.
24 (b) Sentence. Aggravated kidnaping is a Class X felony,
25 except that:.
26 (1) if the person committed the offense while armed
27 with a firearm, 15 years of imprisonment shall be added
28 to the term of imprisonment imposed by the court;
29 (2) if, during the commission of the offense, the
30 person personally discharged a firearm, 20 years of
31 imprisonment shall be added to the term of imprisonment
32 imposed by the court;
33 (3) if, during the commission of the offense, the
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1 person personally discharged a firearm that proximately
2 caused great bodily harm, permanent disability, permanent
3 disfigurement, or death to any person, 25 years to life
4 of imprisonment shall be added to the term of
5 imprisonment imposed by the court.
6 A person who is convicted of a second or subsequent
7 offense of aggravated kidnaping shall be sentenced to a term
8 of natural life imprisonment; provided, however, that a
9 sentence of natural life imprisonment shall not be imposed
10 under this Section unless the second or subsequent offense
11 was committed after conviction on the first offense.
12 (Source: P.A. 89-707, eff. 6-1-97.)
13 (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
14 Sec. 12-4.1. Heinous Battery.
15 (a) A person who, in committing a battery, knowingly
16 causes severe and permanent disability or disfigurement by
17 means of a caustic or flammable substance commits heinous
18 battery.
19 (b) Sentence. Heinous battery is a Class X felony,
20 except that:.
21 (1) if the person committed the offense while armed
22 with a firearm, 15 years of imprisonment shall be added
23 to the term of imprisonment imposed by the court;
24 (2) if, during the commission of the offense, the
25 person personally discharged a firearm, 20 years of
26 imprisonment shall be added to the term of imprisonment
27 imposed by the court;
28 (3) if, during the commission of the offense, the
29 person personally discharged a firearm that proximately
30 caused great bodily harm, permanent disability, permanent
31 disfigurement, or death to any person, 25 years to life
32 of imprisonment shall be added to the term of
33 imprisonment imposed by the court.
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1 (Source: P.A. 88-285.)
2 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
3 Sec. 12-4.3. Aggravated battery of a child.
4 (a) Any person of the age 18 years and upwards who
5 intentionally or knowingly, and without legal justification
6 and by any means, causes great bodily harm or permanent
7 disability or disfigurement to any child under the age of 13
8 years or to any institutionalized severely or profoundly
9 mentally retarded person, commits the offense of aggravated
10 battery of a child.
11 (b) Aggravated battery of a child is a Class X felony,
12 except that:.
13 (1) 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 (2) 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 (3) 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. 89-313, eff. 1-1-96.)
27 (720 ILCS 5/12-4.6) (from Ch. 38, par. 12-4.6)
28 Sec. 12-4.6. Aggravated Battery of a Senior Citizen.
29 (a) A person who, in committing battery, intentionally or
30 knowingly causes great bodily harm or permanent disability or
31 disfigurement to an individual of 60 years of age or older
32 commits aggravated battery of a senior citizen.
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1 (b) Sentence. Aggravated battery of a senior citizen is
2 a Class 2 felony, except 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 (Source: P.A. 85-1177.)
17 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
18 Sec. 12-11. Home Invasion.
19 (a) A person who is not a peace officer acting in the
20 line of duty commits home invasion when without authority he
21 or she knowingly enters the dwelling place of another when he
22 or she knows or has reason to know that one or more persons
23 is present or he or she knowingly enters the dwelling place
24 of another and remains in such dwelling place until he or she
25 knows or has reason to know that one or more persons is
26 present and
27 (1) While armed with a dangerous weapon uses force
28 or threatens the imminent use of force upon any person or
29 persons within such dwelling place whether or not injury
30 occurs, or
31 (2) Intentionally causes any injury to any person
32 or persons within such dwelling place.
33 (b) It is an affirmative defense to a charge of home
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1 invasion that the accused who knowingly enters the dwelling
2 place of another and remains in such dwelling place until he
3 or she knows or has reason to know that one or more persons
4 is present either immediately leaves such premises or
5 surrenders to the person or persons lawfully present therein
6 without either attempting to cause or causing serious bodily
7 injury to any person present therein.
8 (c) Sentence. Home invasion is a Class X felony, except
9 that:.
10 (1) if the person committed the offense while armed
11 with a firearm, 15 years of imprisonment shall be added
12 to the term of imprisonment imposed by the court;
13 (2) if, during the commission of the offense, the
14 person personally discharged a firearm, 20 years of
15 imprisonment shall be added to the term of imprisonment
16 imposed by the court;
17 (3) if, during the commission of the offense, the
18 person personally discharged a firearm that proximately
19 caused great bodily harm, permanent disability, permanent
20 disfigurement, or death to any person, 25 years to life
21 of imprisonment shall be added to the term of
22 imprisonment imposed by the court.
23 (d) For purposes of this Section, "dwelling place of
24 another" includes a dwelling place where the defendant
25 maintains a tenancy interest but from which the defendant has
26 been barred by a divorce decree, judgment of dissolution of
27 marriage, order of protection, or other court order.
28 (Source: P.A. 90-787, eff. 8-14-98.)
29 (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
30 Sec. 12-13. Criminal Sexual Assault.
31 (a) The accused commits criminal sexual assault if he or
32 she:
33 (1) commits an act of sexual penetration by the use
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1 of force or threat of force; or
2 (2) commits an act of sexual penetration and the
3 accused knew that the victim was unable to understand the
4 nature of the act or was unable to give knowing consent;
5 or
6 (3) commits an act of sexual penetration with a
7 victim who was under 18 years of age when the act was
8 committed and the accused was a family member; or
9 (4) commits an act of sexual penetration with a
10 victim who was at least 13 years of age but under 18
11 years of age when the act was committed and the accused
12 was 17 years of age or over and held a position of trust,
13 authority or supervision in relation to the victim.
14 (b) Sentence.
15 (1) Criminal sexual assault is a Class 1 felony.
16 (2) A person who is convicted of the offense of
17 criminal sexual assault as defined in paragraph (a)(1) or
18 (a)(2) after having previously been convicted of the
19 offense of criminal sexual assault, or who is convicted
20 of the offense of criminal sexual assault as defined in
21 paragraph (a)(1) or (a)(2) after having previously been
22 convicted under the laws of this State or any other state
23 of an offense that is substantially equivalent to the
24 offense of criminal sexual assault, commits a Class X
25 felony for which the person shall be sentenced to a term
26 of imprisonment of not less than 30 years and not more
27 than 60 years. The commission of the second or
28 subsequent offense is required to have been after the
29 initial conviction for this paragraph (2) to apply.
30 (3) A person who is convicted of the offense of
31 criminal sexual assault as defined in paragraph (a)(1) or
32 (a)(2) after having previously been convicted of the
33 offense of aggravated criminal sexual assault or the
34 offense of predatory criminal sexual assault of a child,
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1 or who is convicted of the offense of criminal sexual
2 assault as defined in paragraph (a)(1) or (a)(2) after
3 having previously been convicted under the laws of this
4 State or any other state of an offense that is
5 substantially equivalent to the offense of aggravated
6 criminal sexual assault or the offense of criminal
7 predatory sexual assault shall be sentenced to a term of
8 natural life imprisonment. The commission of the second
9 or subsequent offense is required to have been after the
10 initial conviction for this paragraph (3) to apply.
11 (4) A second or subsequent conviction for a
12 violation of paragraph (a)(3) or (a)(4) or under any
13 similar statute of this State or any other state for any
14 offense involving criminal sexual assault that is
15 substantially equivalent to or more serious than the
16 sexual assault prohibited under paragraph (a)(3) or
17 (a)(4) is a Class X felony.
18 (5) When a person has any such prior conviction,
19 the information or indictment charging that person shall
20 state such prior conviction so as to give notice of the
21 State's intention to treat the charge as a Class X
22 felony. The fact of such prior conviction is not an
23 element of the offense and may not be disclosed to the
24 jury during trial unless otherwise permitted by issues
25 properly raised during such trial.
26 (6) (i) If the person committed the offense while
27 armed with a firearm, 15 years of imprisonment shall
28 be added to the term of imprisonment imposed by the
29 court.
30 (ii) If, during the commission of the offense,
31 the person personally discharged a firearm, 20 years
32 of imprisonment shall be added to the term of
33 imprisonment imposed by the court.
34 (iii) If, during the commission of the
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1 offense, the person personally discharged a firearm
2 that proximately caused great bodily harm, permanent
3 disability, permanent disfigurement, or death to any
4 person, 25 years to life of imprisonment shall be
5 added to the term of imprisonment imposed by the
6 court.
7 (Source: P.A. 90-396, eff. 1-1-98.)
8 (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
9 Sec. 12-14. Aggravated Criminal Sexual Assault.
10 (a) The accused commits aggravated criminal sexual
11 assault if he or she commits criminal sexual assault and any
12 of the following aggravating circumstances existed during, or
13 for the purposes of paragraph (7) of this subsection (a) as
14 part of the same course of conduct as, the commission of the
15 offense:
16 (1) the accused displayed, threatened to use, or
17 used a dangerous weapon or any object fashioned or
18 utilized in such a manner as to lead the victim under the
19 circumstances reasonably to believe it to be a dangerous
20 weapon; or
21 (2) the accused caused bodily harm to the victim;
22 or
23 (3) the accused acted in such a manner as to
24 threaten or endanger the life of the victim or any other
25 person; or
26 (4) the criminal sexual assault was perpetrated
27 during the course of the commission or attempted
28 commission of any other felony by the accused; or
29 (5) the victim was 60 years of age or over when the
30 offense was committed; or
31 (6) the victim was a physically handicapped person;
32 or
33 (7) the accused delivered (by injection,
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1 inhalation, ingestion, transfer of possession, or any
2 other means) to the victim without his or her consent, or
3 by threat or deception, and for other than medical
4 purposes, any controlled substance.
5 (b) The accused commits aggravated criminal sexual
6 assault if the accused was under 17 years of age and (i)
7 commits an act of sexual penetration with a victim who was
8 under 9 years of age when the act was committed; or (ii)
9 commits an act of sexual penetration with a victim who was at
10 least 9 years of age but under 13 years of age when the act
11 was committed and the accused used force or threat of force
12 to commit the act.
13 (c) The accused commits aggravated criminal sexual
14 assault if he or she commits an act of sexual penetration
15 with a victim who was an institutionalized severely or
16 profoundly mentally retarded person at the time the act was
17 committed.
18 (d) Sentence.
19 (1) Aggravated criminal sexual assault is a Class X
20 felony.
21 (2) A person who is convicted of a second or
22 subsequent offense of aggravated criminal sexual assault,
23 or who is convicted of the offense of aggravated criminal
24 sexual assault after having previously been convicted of
25 the offense of criminal sexual assault or the offense of
26 predatory criminal sexual assault of a child, or who is
27 convicted of the offense of aggravated criminal sexual
28 assault after having previously been convicted under the
29 laws of this or any other state of an offense that is
30 substantially equivalent to the offense of criminal
31 sexual assault, the offense of aggravated criminal sexual
32 assault or the offense of predatory criminal sexual
33 assault of a child, shall be sentenced to a term of
34 natural life imprisonment. The commission of the second
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1 or subsequent offense is required to have been after the
2 initial conviction for this paragraph (2) to apply.
3 (3) (i) If the person committed the offense while
4 armed with a firearm, 15 years of imprisonment shall
5 be added to the term of imprisonment imposed by the
6 court.
7 (ii) If, during the commission of the offense,
8 the person personally discharged a firearm, 20 years
9 of imprisonment shall be added to the term of
10 imprisonment imposed by the court.
11 (iii) If, during the commission of the
12 offense, the person personally discharged a firearm
13 that proximately caused great bodily harm, permanent
14 disability, permanent disfigurement, or death to any
15 person, 25 years to life of imprisonment shall be
16 added to the term of imprisonment imposed by the
17 court.
18 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
19 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
20 (720 ILCS 5/12-14.1)
21 Sec. 12-14.1. Predatory criminal sexual assault of a
22 child.
23 (a) The accused commits predatory criminal sexual
24 assault of a child if:
25 (1) the accused was 17 years of age or over and
26 commits an act of sexual penetration with a victim who
27 was under 13 years of age when the act was committed; or
28 (2) the accused was 17 years of age or over and
29 commits an act of sexual penetration with a victim who
30 was under 13 years of age when the act was committed and
31 the accused caused great bodily harm to the victim that:
32 (A) resulted in permanent disability; or
33 (B) was life threatening; or
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1 (3) the accused was 17 years of age or over and
2 commits an act of sexual penetration with a victim who
3 was under 13 years of age when the act was committed and
4 the accused delivered (by injection, inhalation,
5 ingestion, transfer of possession, or any other means) to
6 the victim without his or her consent, or by threat or
7 deception, and for other than medical purposes, any
8 controlled substance.
9 (b) Sentence.
10 (1) A person convicted of a violation of subsection
11 (a)(1) commits a Class X felony. A person convicted of a
12 violation of subsection (a)(2) or (a) (3) commits a Class
13 X felony for which the person shall be sentenced to a
14 term of imprisonment of not less than 50 years and not
15 more than 60 years.
16 (2) A person who is convicted of a second or
17 subsequent offense of predatory criminal sexual assault
18 of a child, or who is convicted of the offense of
19 predatory criminal sexual assault of a child after having
20 previously been convicted of the offense of criminal
21 sexual assault or the offense of aggravated criminal
22 sexual assault, or who is convicted of the offense of
23 predatory criminal sexual assault of a child after having
24 previously been convicted under the laws of this State or
25 any other state of an offense that is substantially
26 equivalent to the offense of predatory criminal sexual
27 assault of a child, the offense of aggravated criminal
28 sexual assault or the offense of criminal sexual assault,
29 shall be sentenced to a term of natural life
30 imprisonment. The commission of the second or subsequent
31 offense is required to have been after the initial
32 conviction for this paragraph (2) to apply.
33 (3) (i) If the person committed the offense while
34 armed with a firearm, 15 years of imprisonment shall
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1 be added to the term of imprisonment imposed by the
2 court.
3 (ii) If, during the commission of the offense,
4 the person personally discharged a firearm, 20 years
5 of imprisonment shall be added to the term of
6 imprisonment imposed by the court.
7 (iii) If, during the commission of the
8 offense, the person personally discharged a firearm
9 that proximately caused great bodily harm, permanent
10 disability, permanent disfigurement, or death to any
11 person, 25 years to life of imprisonment shall be
12 added to the term of imprisonment imposed by the
13 court.
14 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
15 90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)
16 (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
17 Sec. 18-2. Armed robbery. (a) A person commits armed
18 robbery when he or she violates Section 18-1 while he or she
19 carries on or about his or her person, or is otherwise armed
20 with a dangerous weapon.
21 (b) Sentence.
22 Armed robbery is a Class X felony, except that:.
23 (1) if the person committed the offense while armed
24 with a firearm, 15 years of imprisonment shall be added
25 to the term of imprisonment imposed by the court;
26 (2) if, during the commission of the offense, the
27 person personally discharged a firearm, 20 years of
28 imprisonment shall be added to the term of imprisonment
29 imposed by the court;
30 (3) if, during the commission of the offense, the
31 person personally discharged a firearm that proximately
32 caused great bodily harm, permanent disability, permanent
33 disfigurement, or death to any person, 25 years to life
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1 of imprisonment shall be added to the term of
2 imprisonment imposed by the court.
3 (Source: P.A. 80-1099.)
4 (720 ILCS 5/18-4)
5 Sec. 18-4. Aggravated vehicular hijacking.
6 (a) A person commits aggravated vehicular hijacking when
7 he or she violates Section 18-3; and
8 (1) the person from whose immediate presence the
9 motor vehicle is taken is a physically handicapped person
10 or a person 60 years of age or over; or
11 (2) a person under 16 years of age is a passenger
12 in the motor vehicle at the time of the offense; or
13 (3) he or she carries on or about his or her
14 person, or is otherwise armed with a dangerous weapon.
15 (b) Sentence.
16 (1) Aggravated vehicular hijacking in violation of
17 subsections (a)(1) or (a)(2) is a Class X felony.
18 Aggravated vehicular hijacking in violation of subsection
19 (a)(3) is a Class X felony for which a term of
20 imprisonment of not less than 7 years shall be imposed.
21 (2) (i) If the person committed the offense while
22 armed with a firearm, 15 years of imprisonment shall
23 be added to the term of imprisonment imposed by the
24 court.
25 (ii) If, during the commission of the offense,
26 the person personally discharged a firearm, 20 years
27 of imprisonment shall be added to the term of
28 imprisonment imposed by the court.
29 (iii) If, during the commission of the
30 offense, the person personally discharged a firearm
31 that proximately caused great bodily harm, permanent
32 disability, permanent disfigurement, or death to any
33 person, 25 years to life of imprisonment shall be
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1 added to the term of imprisonment imposed by the
2 court.
3 (Source: P.A. 88-351.)
4 (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
5 Sec. 33A-2. Armed violence-Elements of the offense. A
6 person commits armed violence when, while armed with a
7 dangerous weapon, he commits any felony defined by Illinois
8 Law, except first degree murder, solicitation of murder,
9 solicitation of murder for hire, intentional homicide of an
10 unborn child, predatory criminal sexual assault of a child,
11 aggravated criminal sexual assault, criminal sexual assault,
12 aggravated kidnapping, heinous battery, aggravated battery of
13 a senior citizen, aggravated battery of a child, armed
14 robbery, aggravated vehicular hijacking, home invasion, a
15 violation of the Cannabis Control Act to which Section 7.5 of
16 that Act applies, or a violation of the Illinois Controlled
17 Substances Act to which Section 408.1 of that Act applies.
18 (Source: P.A. 80-1099.)
19 Section 10. The Cannabis Control Act is amended by
20 adding Section 7.5 as follows:
21 (720 ILCS 550/7.5 new)
22 Sec. 7.5. (a) Any person who violates subsection (g) of
23 Section 5 or Section 5.1 while armed with a firearm shall
24 have 15 years of imprisonment added to the sentence imposed
25 by the court.
26 (b) Any person who violates subsection (g) of Section 5
27 or Section 5.1 shall have 20 years of imprisonment added to
28 the sentence imposed by the court if, during the commission
29 of the offense, the person personally discharged a firearm.
30 (c) Any person who violates subsection (g) of Section 5
31 or Section 5.1 shall have 25 years to life of imprisonment
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1 added to the sentence imposed by the court if, during the
2 commission of the offense, the person personally discharged a
3 firearm that proximately caused great bodily harm, permanent
4 disability, permanent disfigurement, or death to any person.
5 Section 15. The Illinois Controlled Substances Act is
6 amended by adding Section 408.1 as follows:
7 (720 ILCS 570/408.1 new)
8 Sec. 408.1. (a) Any person who violates subparagraph (a)
9 of Section 401, Section 401.1 involving a Class X felony
10 amount of controlled substance under Section 401, Section
11 405, or Section 405.2 while armed with a firearm shall have
12 15 years of imprisonment added to the sentence imposed by the
13 court.
14 (b) 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 20 years of imprisonment added to
18 the sentence imposed by the court if, during the commission
19 of the offense, the person personally discharged a firearm.
20 (c) Any person who violates subsection (a) of Section
21 401, Section 401.1 involving a Class X felony amount of
22 controlled substance under Section 401, Section 405, or
23 Section 405.2 shall have 25 years to life imprisonment added
24 to the sentence imposed by the court if, during the
25 commission of the offense, the person personally discharged a
26 firearm that proximately caused great bodily harm, permanent
27 disability, permanent disfigurement, or death to any person.
28 Section 20. The Unified Code of Corrections is amended
29 by changing Section 5-8-1 as follows:
30 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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1 Sec. 5-8-1. Sentence of Imprisonment for Felony.
2 (a) Except as otherwise provided in the statute defining
3 the offense, a sentence of imprisonment for a felony shall be
4 a determinate sentence set by the court under this Section,
5 according to the following limitations:
6 (1) for first degree murder,
7 (a) a term shall be not less than 20 years and
8 not more than 60 years, or
9 (b) if the court finds that the murder was
10 accompanied by exceptionally brutal or heinous
11 behavior indicative of wanton cruelty or, except as
12 set forth in subsection (a)(1)(c) of this Section,
13 that any of the aggravating factors listed in
14 subsection (b) of Section 9-1 of the Criminal Code
15 of 1961 are present, the court may sentence the
16 defendant to a term of natural life imprisonment, or
17 (c) the court shall sentence the defendant to
18 a term of natural life imprisonment when the death
19 penalty is not imposed if the defendant,
20 (i) has previously been convicted of
21 first degree murder under any state or federal
22 law, or
23 (ii) is a person who, at the time of the
24 commission of the murder, had attained the age
25 of 17 or more and is found guilty of murdering
26 an individual under 12 years of age; or,
27 irrespective of the defendant's age at the time
28 of the commission of the offense, is found
29 guilty of murdering more than one victim, or
30 (iii) is found guilty of murdering a
31 peace officer or fireman when the peace officer
32 or fireman was killed in the course of
33 performing his official duties, or to prevent
34 the peace officer or fireman from performing
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1 his official duties, or in retaliation for the
2 peace officer or fireman performing his
3 official duties, and the defendant knew or
4 should have known that the murdered individual
5 was a peace officer or fireman, or
6 (iv) is found guilty of murdering an
7 employee of an institution or facility of the
8 Department of Corrections, or any similar local
9 correctional agency, when the employee was
10 killed in the course of performing his official
11 duties, or to prevent the employee from
12 performing his official duties, or in
13 retaliation for the employee performing his
14 official duties, or
15 (v) is found guilty of murdering an
16 emergency medical technician - ambulance,
17 emergency medical technician - intermediate,
18 emergency medical technician - paramedic,
19 ambulance driver or other medical assistance or
20 first aid person while employed by a
21 municipality or other governmental unit when
22 the person was killed in the course of
23 performing official duties or to prevent the
24 person from performing official duties or in
25 retaliation for performing official duties and
26 the defendant knew or should have known that
27 the murdered individual was an emergency
28 medical technician - ambulance, emergency
29 medical technician - intermediate, emergency
30 medical technician - paramedic, ambulance
31 driver, or other medical assistant or first aid
32 personnel, or
33 (vi) is a person who, at the time of the
34 commission of the murder, had not attained the
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1 age of 17, and is found guilty of murdering a
2 person under 12 years of age and the murder is
3 committed during the course of aggravated
4 criminal sexual assault, criminal sexual
5 assault, or aggravated kidnaping, or
6 (vii) is found guilty of first degree
7 murder and the murder was committed by reason
8 of any person's activity as a community
9 policing volunteer or to prevent any person
10 from engaging in activity as a community
11 policing volunteer. For the purpose of this
12 Section, "community policing volunteer" has the
13 meaning ascribed to it in Section 2-3.5 of the
14 Criminal Code of 1961, or.
15 (d) (i) if the person committed the offense while
16 armed with a firearm, 15 years of imprisonment shall
17 be added to the term of imprisonment imposed by the
18 court;
19 (ii) if, during the commission of the offense,
20 the person personally discharged a firearm, 20 years
21 of imprisonment shall be added to the term of
22 imprisonment imposed by the court;
23 (iii) if, during the commission of the
24 offense, the person personally discharged a firearm
25 that proximately caused great bodily harm, permanent
26 disability, permanent disfigurement, or death to any
27 person, 25 years to life of imprisonment shall be
28 added to the term of imprisonment imposed by the
29 court.
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 (1.5) for second degree murder, a term shall be not
3 less than 4 years and not more than 20 years;
4 (2) for a person adjudged a habitual criminal under
5 Article 33B of the Criminal Code of 1961, as amended, the
6 sentence shall be a term of natural life imprisonment;
7 (2.5) for a person convicted under the
8 circumstances described in paragraph (3) of subsection
9 (b) of Section 12-13, paragraph (2) of subsection (d) of
10 Section 12-14, or paragraph (2) of subsection (b) of
11 Section 12-14.1 of the Criminal Code of 1961, the
12 sentence shall be a term of natural life imprisonment;
13 (3) except as otherwise provided in the statute
14 defining the offense, for a Class X felony, the sentence
15 shall be not less than 6 years and not more than 30
16 years;
17 (4) for a Class 1 felony, other than second degree
18 murder, the sentence shall be not less than 4 years and
19 not more than 15 years;
20 (5) for a Class 2 felony, the sentence shall be not
21 less than 3 years and not more than 7 years;
22 (6) for a Class 3 felony, the sentence shall be not
23 less than 2 years and not more than 5 years;
24 (7) for a Class 4 felony, the sentence shall be not
25 less than 1 year and not more than 3 years.
26 (b) The sentencing judge in each felony conviction shall
27 set forth his reasons for imposing the particular sentence he
28 enters in the case, as provided in Section 5-4-1 of this
29 Code. Those reasons may include any mitigating or
30 aggravating factors specified in this Code, or the lack of
31 any such circumstances, as well as any other such factors as
32 the judge shall set forth on the record that are consistent
33 with the purposes and principles of sentencing set out in
34 this Code.
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1 (c) A motion to reduce a sentence may be made, or the
2 court may reduce a sentence without motion, within 30 days
3 after the sentence is imposed. A defendant's challenge to
4 the correctness of a sentence or to any aspect of the
5 sentencing hearing shall be made by a written motion filed
6 within 30 days following the imposition of sentence.
7 However, the court may not increase a sentence once it is
8 imposed.
9 If a motion filed pursuant to this subsection is timely
10 filed within 30 days after the sentence is imposed, the
11 proponent of the motion shall exercise due diligence in
12 seeking a determination on the motion and the court shall
13 thereafter decide such motion within a reasonable time.
14 If a motion filed pursuant to this subsection is timely
15 filed within 30 days after the sentence is imposed, then for
16 purposes of perfecting an appeal, a final judgment shall not
17 be considered to have been entered until the motion to reduce
18 a sentence has been decided by order entered by the trial
19 court.
20 A motion filed pursuant to this subsection shall not be
21 considered to have been timely filed unless it is filed with
22 the circuit court clerk within 30 days after the sentence is
23 imposed together with a notice of motion, which notice of
24 motion shall set the motion on the court's calendar on a date
25 certain within a reasonable time after the date of filing.
26 (d) Except where a term of natural life is imposed,
27 every sentence shall include as though written therein a term
28 in addition to the term of imprisonment. For those sentenced
29 under the law in effect prior to February 1, 1978, such term
30 shall be identified as a parole term. For those sentenced on
31 or after February 1, 1978, such term shall be identified as a
32 mandatory supervised release term. Subject to earlier
33 termination under Section 3-3-8, the parole or mandatory
34 supervised release term shall be as follows:
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1 (1) for first degree murder or a Class X felony, 3
2 years;
3 (2) for a Class 1 felony or a Class 2 felony, 2
4 years;
5 (3) for a Class 3 felony or a Class 4 felony, 1
6 year.
7 (e) A defendant who has a previous and unexpired
8 sentence of imprisonment imposed by another state or by any
9 district court of the United States and who, after sentence
10 for a crime in Illinois, must return to serve the unexpired
11 prior sentence may have his sentence by the Illinois court
12 ordered to be concurrent with the prior sentence in the other
13 state. The court may order that any time served on the
14 unexpired portion of the sentence in the other state, prior
15 to his return to Illinois, shall be credited on his Illinois
16 sentence. The other state shall be furnished with a copy of
17 the order imposing sentence which shall provide that, when
18 the offender is released from confinement of the other state,
19 whether by parole or by termination of sentence, the offender
20 shall be transferred by the Sheriff of the committing county
21 to the Illinois Department of Corrections. The court shall
22 cause the Department of Corrections to be notified of such
23 sentence at the time of commitment and to be provided with
24 copies of all records regarding the sentence.
25 (f) A defendant who has a previous and unexpired
26 sentence of imprisonment imposed by an Illinois circuit court
27 for a crime in this State and who is subsequently sentenced
28 to a term of imprisonment by another state or by any district
29 court of the United States and who has served a term of
30 imprisonment imposed by the other state or district court of
31 the United States, and must return to serve the unexpired
32 prior sentence imposed by the Illinois Circuit Court may
33 apply to the court which imposed sentence to have his
34 sentence reduced.
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1 The circuit court may order that any time served on the
2 sentence imposed by the other state or district court of the
3 United States be credited on his Illinois sentence. Such
4 application for reduction of a sentence under this
5 subsection (f) shall be made within 30 days after the
6 defendant has completed the sentence imposed by the other
7 state or district court of the United States.
8 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
9 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff.
10 1-1-99.)".