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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1143eng SB1143 Engrossed LRB9106158RCdv 1 AN ACT to amend the Unified Code of Corrections by 2 changing Sections 5-8-1, 5-8A-3, and 5-8A-5. 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, 5-8A-3, and 5-8A-5 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 SB1143 Engrossed -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 SB1143 Engrossed -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 SB1143 Engrossed -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 SB1143 Engrossed -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, 23 every sentence shall include as though written therein a term 24 in addition to the term of imprisonment. For those sentenced 25 under the law in effect prior to February 1, 1978, such term 26 shall be identified as a parole term. For those sentenced on 27 or after February 1, 1978, such term shall be identified as a 28 mandatory supervised release term. Subject to earlier 29 termination under Section 3-3-8, the parole or mandatory 30 supervised release term shall be as follows: 31 (1) for first degree murder or a Class X felony, 3 32 years; 33 (2) for a Class 1 felony or a Class 2 felony, 2 34 years; SB1143 Engrossed -6- LRB9106158RCdv 1 (3) for a Class 3 felony or a Class 4 felony, 1 2 year;.3 (4) if the victim is under 18 years of age, for a 4 second or subsequent offense of criminal sexual assault 5 or aggravated criminal sexual assault, 5 years, at least 6 the first 2 years of which the defendant shall serve in 7 an electronic home detention program under Article 8A of 8 Chapter V of this Code; 9 (5) if the victim is under 18 years of age, for a 10 second or subsequent offense of aggravated criminal 11 sexual abuse or felony criminal sexual abuse, 4 years, at 12 least the first 2 years of which the defendant shall 13 serve in an electronic home detention program under 14 Article 8A of Chapter V of this Code. 15 (e) A defendant who has a previous and unexpired 16 sentence of imprisonment imposed by another state or by any 17 district court of the United States and who, after sentence 18 for a crime in Illinois, must return to serve the unexpired 19 prior sentence may have his sentence by the Illinois court 20 ordered to be concurrent with the prior sentence in the other 21 state. The court may order that any time served on the 22 unexpired portion of the sentence in the other state, prior 23 to his return to Illinois, shall be credited on his Illinois 24 sentence. The other state shall be furnished with a copy of 25 the order imposing sentence which shall provide that, when 26 the offender is released from confinement of the other state, 27 whether by parole or by termination of sentence, the offender 28 shall be transferred by the Sheriff of the committing county 29 to the Illinois Department of Corrections. The court shall 30 cause the Department of Corrections to be notified of such 31 sentence at the time of commitment and to be provided with 32 copies of all records regarding the sentence. 33 (f) A defendant who has a previous and unexpired 34 sentence of imprisonment imposed by an Illinois circuit court SB1143 Engrossed -7- LRB9106158RCdv 1 for a crime in this State and who is subsequently sentenced 2 to a term of imprisonment by another state or by any district 3 court of the United States and who has served a term of 4 imprisonment imposed by the other state or district court of 5 the United States, and must return to serve the unexpired 6 prior sentence imposed by the Illinois Circuit Court may 7 apply to the court which imposed sentence to have his 8 sentence reduced. 9 The circuit court may order that any time served on the 10 sentence imposed by the other state or district court of the 11 United States be credited on his Illinois sentence. Such 12 application for reduction of a sentence under this 13 subsection (f) shall be made within 30 days after the 14 defendant has completed the sentence imposed by the other 15 state or district court of the United States. 16 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 17 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff. 18 1-1-99.) 19 (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3) 20 Sec. 5-8A-3. Application. 21 (a) Except as provided in subsection (d), a person 22 charged with or convicted of an excluded offense may not be 23 placed in an electronic home detention program, except for 24 bond pending trial or appeal or while on parole or mandatory 25 supervised release. 26 (b) A person serving a sentence for a conviction of a 27 Class 1 felony, other than an excluded offense, may be placed 28 in an electronic home detention program for a period not to 29 exceed the last 90 days of incarceration. 30 (c) A person serving a sentence for a conviction of a 31 Class X felony, other than an excluded offense, may be placed 32 in an electronic home detention program for a period not to 33 exceed the last 90 days of incarceration, provided that the SB1143 Engrossed -8- LRB9106158RCdv 1 person was sentenced on or after the effective date of this 2 amendatory Act of 1993 and provided that the court has not 3 prohibited the program for the person in the sentencing 4 order. 5 (d) A person serving a sentence for conviction of an 6 offense other than for predatory criminal sexual assault of a 7 child, aggravated criminal sexual assault, criminal sexual 8 assault, aggravated criminal sexual abuse, or felony criminal 9 sexual abuse, may be placed in an electronic home detention 10 program for a period not to exceed the last 12 months of 11 incarceration, provided that (i) the person is 55 years of 12 age or older; (ii) the person is serving a determinate 13 sentence; (iii) the person has served at least 25% of the 14 sentenced prison term; and (iv) placement in an electronic 15 home detention program is approved by the Prisoner Review 16 Board. 17 (e) A person serving a sentence for conviction of a 18 Class 2, 3 or 4 felony offense which is not an excluded 19 offense may be placed in an electronic home detention program 20 pursuant to Department administrative directives. 21 (f) Applications for electronic home detention may 22 include the following: 23 (1) pretrial or pre-adjudicatory detention; 24 (2) probation; 25 (3) conditional discharge; 26 (4) periodic imprisonment; 27 (5) parole or mandatory supervised release; 28 (6) work release; 29 (7) furlough or 30 (8) post-trial incarceration. 31 (g) A person convicted of an offense described in clause 32 (4) or (5) of subsection (d) of Section 5-8-1 of this Code 33 shall be placed in an electronic home detention program for 34 at least the first 2 years of the person's mandatory SB1143 Engrossed -9- LRB9106158RCdv 1 supervised release term. 2 (Source: P.A. 88-311; 89-428, eff. 12-13-95; 89-462, eff. 3 5-29-96.) 4 (730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5) 5 Sec. 5-8A-5. Consent of the participant. Before 6 entering an order for commitment for electronic home 7 detention, the supervising authority shall inform the 8 participant and other persons residing in the home of the 9 nature and extent of the approved electronic monitoring 10 devices by doing the following: 11 (A) Securing the written consent of the participant in 12 the program to comply with the rules and regulations of the 13 program as stipulated in subsections (A) through (I) of 14 Section 5-8A-4. 15 (B) Where possible, securing the written consent of 16 other persons residing in the home of the participant, 17 including the person in whose name the telephone is 18 registered, at the time of the order or commitment for 19 electronic home detention is entered and acknowledge the 20 nature and extent of approved electronic monitoring devices. 21 (C) Insure that the approved electronic devices be 22 minimally intrusive upon the privacy of the participant and 23 other persons residing in the home while remaining in 24 compliance with subsections (B) through (D) of Section 25 5-8A-4. 26 (D) This Section does not apply to persons subject to 27 Electronic Home Monitoring as a term or condition of parole 28 or mandatory supervised release under subsection (d) of 29 Section 5-8-1 of this Code. 30 (Source: P.A. 90-399, eff. 1-1-98.)