[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1143
LRB9106158RCdv
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 5-8-1 and 5-8A-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 5-8-1 and 5-8A-3 as follows:
7 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
8 Sec. 5-8-1. Sentence of Imprisonment for Felony.
9 (a) Except as otherwise provided in the statute defining
10 the offense, a sentence of imprisonment for a felony shall be
11 a determinate sentence set by the court under this Section,
12 according to the following limitations:
13 (1) for first degree murder,
14 (a) a term shall be not less than 20 years and
15 not more than 60 years, or
16 (b) if the court finds that the murder was
17 accompanied by exceptionally brutal or heinous
18 behavior indicative of wanton cruelty or, except as
19 set forth in subsection (a)(1)(c) of this Section,
20 that any of the aggravating factors listed in
21 subsection (b) of Section 9-1 of the Criminal Code
22 of 1961 are present, the court may sentence the
23 defendant to a term of natural life imprisonment, or
24 (c) the court shall sentence the defendant to
25 a term of natural life imprisonment when the death
26 penalty is not imposed if the defendant,
27 (i) has previously been convicted of
28 first degree murder under any state or federal
29 law, or
30 (ii) is a person who, at the time of the
31 commission of the murder, had attained the age
-2- LRB9106158RCdv
1 of 17 or more and is found guilty of murdering
2 an individual under 12 years of age; or,
3 irrespective of the defendant's age at the time
4 of the commission of the offense, is found
5 guilty of murdering more than one victim, or
6 (iii) is found guilty of murdering a
7 peace officer or fireman when the peace officer
8 or fireman was killed in the course of
9 performing his official duties, or to prevent
10 the peace officer or fireman from performing
11 his official duties, or in retaliation for the
12 peace officer or fireman performing his
13 official duties, and the defendant knew or
14 should have known that the murdered individual
15 was a peace officer or fireman, or
16 (iv) is found guilty of murdering an
17 employee of an institution or facility of the
18 Department of Corrections, or any similar local
19 correctional agency, when the employee was
20 killed in the course of performing his official
21 duties, or to prevent the employee from
22 performing his official duties, or in
23 retaliation for the employee performing his
24 official duties, or
25 (v) is found guilty of murdering an
26 emergency medical technician - ambulance,
27 emergency medical technician - intermediate,
28 emergency medical technician - paramedic,
29 ambulance driver or other medical assistance or
30 first aid person while employed by a
31 municipality or other governmental unit when
32 the person was killed in the course of
33 performing official duties or to prevent the
34 person from performing official duties or in
-3- LRB9106158RCdv
1 retaliation for performing official duties and
2 the defendant knew or should have known that
3 the murdered individual was an emergency
4 medical technician - ambulance, emergency
5 medical technician - intermediate, emergency
6 medical technician - paramedic, ambulance
7 driver, or other medical assistant or first aid
8 personnel, or
9 (vi) is a person who, at the time of the
10 commission of the murder, had not attained the
11 age of 17, and is found guilty of murdering a
12 person under 12 years of age and the murder is
13 committed during the course of aggravated
14 criminal sexual assault, criminal sexual
15 assault, or aggravated kidnaping, or
16 (vii) is found guilty of first degree
17 murder and the murder was committed by reason
18 of any person's activity as a community
19 policing volunteer or to prevent any person
20 from engaging in activity as a community
21 policing volunteer. For the purpose of this
22 Section, "community policing volunteer" has the
23 meaning ascribed to it in Section 2-3.5 of the
24 Criminal Code of 1961.
25 For purposes of clause (v), "emergency medical
26 technician - ambulance", "emergency medical
27 technician - intermediate", "emergency medical
28 technician - paramedic", have the meanings ascribed
29 to them in the Emergency Medical Services (EMS)
30 Systems Act.
31 (1.5) for second degree murder, a term shall be not
32 less than 4 years and not more than 20 years;
33 (2) for a person adjudged a habitual criminal under
34 Article 33B of the Criminal Code of 1961, as amended, the
-4- LRB9106158RCdv
1 sentence shall be a term of natural life imprisonment;
2 (2.5) for a person convicted under the
3 circumstances described in paragraph (3) of subsection
4 (b) of Section 12-13, paragraph (2) of subsection (d) of
5 Section 12-14, paragraph (1.2) of subsection (b) of
6 Section 12-14.1, or paragraph (2) of subsection (b) of
7 Section 12-14.1 of the Criminal Code of 1961, the
8 sentence shall be a term of natural life imprisonment;
9 (3) except as otherwise provided in the statute
10 defining the offense, for a Class X felony, the sentence
11 shall be not less than 6 years and not more than 30
12 years;
13 (4) for a Class 1 felony, other than second degree
14 murder, the sentence shall be not less than 4 years and
15 not more than 15 years;
16 (5) for a Class 2 felony, the sentence shall be not
17 less than 3 years and not more than 7 years;
18 (6) for a Class 3 felony, the sentence shall be not
19 less than 2 years and not more than 5 years;
20 (7) for a Class 4 felony, the sentence shall be not
21 less than 1 year and not more than 3 years.
22 (b) The sentencing judge in each felony conviction shall
23 set forth his reasons for imposing the particular sentence he
24 enters in the case, as provided in Section 5-4-1 of this
25 Code. Those reasons may include any mitigating or
26 aggravating factors specified in this Code, or the lack of
27 any such circumstances, as well as any other such factors as
28 the judge shall set forth on the record that are consistent
29 with the purposes and principles of sentencing set out in
30 this Code.
31 (c) A motion to reduce a sentence may be made, or the
32 court may reduce a sentence without motion, within 30 days
33 after the sentence is imposed. A defendant's challenge to
34 the correctness of a sentence or to any aspect of the
-5- LRB9106158RCdv
1 sentencing hearing shall be made by a written motion filed
2 within 30 days following the imposition of sentence.
3 However, the court may not increase a sentence once it is
4 imposed.
5 If a motion filed pursuant to this subsection is timely
6 filed within 30 days after the sentence is imposed, the
7 proponent of the motion shall exercise due diligence in
8 seeking a determination on the motion and the court shall
9 thereafter decide such motion within a reasonable time.
10 If a motion filed pursuant to this subsection is timely
11 filed within 30 days after the sentence is imposed, then for
12 purposes of perfecting an appeal, a final judgment shall not
13 be considered to have been entered until the motion to reduce
14 a sentence has been decided by order entered by the trial
15 court.
16 A motion filed pursuant to this subsection shall not be
17 considered to have been timely filed unless it is filed with
18 the circuit court clerk within 30 days after the sentence is
19 imposed together with a notice of motion, which notice of
20 motion shall set the motion on the court's calendar on a date
21 certain within a reasonable time after the date of filing.
22 (d) Except where a term of natural life is imposed and
23 except as provided in clauses (4) and (5) of this subsection
24 (d), every sentence shall include as though written therein a
25 term in addition to the term of imprisonment. For those
26 sentenced under the law in effect prior to February 1, 1978,
27 such term shall be identified as a parole term. For those
28 sentenced on or after February 1, 1978, such term shall be
29 identified as a mandatory supervised release term. Subject
30 to earlier termination under Section 3-3-8, the parole or
31 mandatory supervised release term shall be as follows:
32 (1) for first degree murder or a Class X felony, 3
33 years;
34 (2) for a Class 1 felony or a Class 2 felony, 2
-6- LRB9106158RCdv
1 years;
2 (3) for a Class 3 felony or a Class 4 felony, 1
3 year; .
4 (4) if the victim is under 18 years of age and a
5 term of natural life is not imposed, for a second or
6 subsequent offense of criminal sexual assault or
7 aggravated criminal sexual assault, 5 years, the first 2
8 years of which the defendant shall serve in an electronic
9 home detention program under Article 8A of Chapter V of
10 this Code;
11 (5) if the victim is under 18 years of age and a
12 term of natural life is not imposed, for a second or
13 subsequent offense of aggravated criminal sexual abuse or
14 felony criminal sexual abuse, 4 years, the first 2 years
15 of which the defendant shall serve in an electronic home
16 detention program under Article 8A of Chapter V of this
17 Code.
18 (e) A defendant who has a previous and unexpired
19 sentence of imprisonment imposed by another state or by any
20 district court of the United States and who, after sentence
21 for a crime in Illinois, must return to serve the unexpired
22 prior sentence may have his sentence by the Illinois court
23 ordered to be concurrent with the prior sentence in the other
24 state. The court may order that any time served on the
25 unexpired portion of the sentence in the other state, prior
26 to his return to Illinois, shall be credited on his Illinois
27 sentence. The other state shall be furnished with a copy of
28 the order imposing sentence which shall provide that, when
29 the offender is released from confinement of the other state,
30 whether by parole or by termination of sentence, the offender
31 shall be transferred by the Sheriff of the committing county
32 to the Illinois Department of Corrections. The court shall
33 cause the Department of Corrections to be notified of such
34 sentence at the time of commitment and to be provided with
-7- LRB9106158RCdv
1 copies of all records regarding the sentence.
2 (f) A defendant who has a previous and unexpired
3 sentence of imprisonment imposed by an Illinois circuit court
4 for a crime in this State and who is subsequently sentenced
5 to a term of imprisonment by another state or by any district
6 court of the United States and who has served a term of
7 imprisonment imposed by the other state or district court of
8 the United States, and must return to serve the unexpired
9 prior sentence imposed by the Illinois Circuit Court may
10 apply to the court which imposed sentence to have his
11 sentence reduced.
12 The circuit court may order that any time served on the
13 sentence imposed by the other state or district court of the
14 United States be credited on his Illinois sentence. Such
15 application for reduction of a sentence under this
16 subsection (f) shall be made within 30 days after the
17 defendant has completed the sentence imposed by the other
18 state or district court of the United States.
19 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
20 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff.
21 1-1-99.)
22 (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
23 Sec. 5-8A-3. Application.
24 (a) Except as provided in subsection (d), a person
25 charged with or convicted of an excluded offense may not be
26 placed in an electronic home detention program, except for
27 bond pending trial or appeal or while on parole or mandatory
28 supervised release.
29 (b) A person serving a sentence for a conviction of a
30 Class 1 felony, other than an excluded offense, may be placed
31 in an electronic home detention program for a period not to
32 exceed the last 90 days of incarceration.
33 (c) A person serving a sentence for a conviction of a
-8- LRB9106158RCdv
1 Class X felony, other than an excluded offense, may be placed
2 in an electronic home detention program for a period not to
3 exceed the last 90 days of incarceration, provided that the
4 person was sentenced on or after the effective date of this
5 amendatory Act of 1993 and provided that the court has not
6 prohibited the program for the person in the sentencing
7 order.
8 (d) A person serving a sentence for conviction of an
9 offense other than for predatory criminal sexual assault of a
10 child, aggravated criminal sexual assault, criminal sexual
11 assault, aggravated criminal sexual abuse, or felony criminal
12 sexual abuse, may be placed in an electronic home detention
13 program for a period not to exceed the last 12 months of
14 incarceration, provided that (i) the person is 55 years of
15 age or older; (ii) the person is serving a determinate
16 sentence; (iii) the person has served at least 25% of the
17 sentenced prison term; and (iv) placement in an electronic
18 home detention program is approved by the Prisoner Review
19 Board.
20 (e) A person serving a sentence for conviction of a
21 Class 2, 3 or 4 felony offense which is not an excluded
22 offense may be placed in an electronic home detention program
23 pursuant to Department administrative directives.
24 (f) Applications for electronic home detention may
25 include the following:
26 (1) pretrial or pre-adjudicatory detention;
27 (2) probation;
28 (3) conditional discharge;
29 (4) periodic imprisonment;
30 (5) parole or mandatory supervised release;
31 (6) work release;
32 (7) furlough or
33 (8) post-trial incarceration.
34 (g) A person convicted of an offense described in clause
-9- LRB9106158RCdv
1 (4) or (5) of subsection (d) of Section 5-8-1 of this Code
2 shall be placed in an electronic home detention program for
3 the first 2 years of the person's mandatory supervised
4 release term.
5 (Source: P.A. 88-311; 89-428, eff. 12-13-95; 89-462, eff.
6 5-29-96.)