Illinois 2023-2024 Regular Session

Illinois House Bill HB1265 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1265 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-4.5-105 Amends the Unified Code of Corrections. Provides that, except for certain convictions for first degree murder, the court may, in its discretion, sentence a defendant who was under 18 years of age at the time of the commission of the offense to a sentence that is less than the applicable minimum determinate sentence of imprisonment for the offense authorized by the Code. LRB103 05343 RLC 50362 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1265 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-4.5-105 730 ILCS 5/5-4.5-105 Amends the Unified Code of Corrections. Provides that, except for certain convictions for first degree murder, the court may, in its discretion, sentence a defendant who was under 18 years of age at the time of the commission of the offense to a sentence that is less than the applicable minimum determinate sentence of imprisonment for the offense authorized by the Code. LRB103 05343 RLC 50362 b LRB103 05343 RLC 50362 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1265 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3	3	730 ILCS 5/5-4.5-105 730 ILCS 5/5-4.5-105
4	4	730 ILCS 5/5-4.5-105
5	5	Amends the Unified Code of Corrections. Provides that, except for certain convictions for first degree murder, the court may, in its discretion, sentence a defendant who was under 18 years of age at the time of the commission of the offense to a sentence that is less than the applicable minimum determinate sentence of imprisonment for the offense authorized by the Code.
6	6	LRB103 05343 RLC 50362 b LRB103 05343 RLC 50362 b
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8	8	A BILL FOR
9	9	HB1265LRB103 05343 RLC 50362 b HB1265 LRB103 05343 RLC 50362 b
10	10	HB1265 LRB103 05343 RLC 50362 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Unified Code of Corrections is amended by
15	15	5 changing Section 5-4.5-105 as follows:
16	16	6 (730 ILCS 5/5-4.5-105)
17	17	7 Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF
18	18	8 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
19	19	9 (a) On or after the effective date of this amendatory Act
20	20	10 of the 99th General Assembly, when a person commits an offense
21	21	11 and the person is under 18 years of age at the time of the
22	22	12 commission of the offense, the court, at the sentencing
23	23	13 hearing conducted under Section 5-4-1, shall consider the
24	24	14 following additional factors in mitigation in determining the
25	25	15 appropriate sentence:
26	26	16 (1) the person's age, impetuosity, and level of
27	27	17 maturity at the time of the offense, including the ability
28	28	18 to consider risks and consequences of behavior, and the
29	29	19 presence of cognitive or developmental disability, or
30	30	20 both, if any;
31	31	21 (2) whether the person was subjected to outside
32	32	22 pressure, including peer pressure, familial pressure, or
33	33	23 negative influences;
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1265 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
38	38	730 ILCS 5/5-4.5-105 730 ILCS 5/5-4.5-105
39	39	730 ILCS 5/5-4.5-105
40	40	Amends the Unified Code of Corrections. Provides that, except for certain convictions for first degree murder, the court may, in its discretion, sentence a defendant who was under 18 years of age at the time of the commission of the offense to a sentence that is less than the applicable minimum determinate sentence of imprisonment for the offense authorized by the Code.
41	41	LRB103 05343 RLC 50362 b LRB103 05343 RLC 50362 b
42	42	LRB103 05343 RLC 50362 b
43	43	A BILL FOR
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49	49	730 ILCS 5/5-4.5-105
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68	68	1 (3) the person's family, home environment, educational
69	69	2 and social background, including any history of parental
70	70	3 neglect, physical abuse, or other childhood trauma;
71	71	4 (4) the person's potential for rehabilitation or
72	72	5 evidence of rehabilitation, or both;
73	73	6 (5) the circumstances of the offense;
74	74	7 (6) the person's degree of participation and specific
75	75	8 role in the offense, including the level of planning by
76	76	9 the defendant before the offense;
77	77	10 (7) whether the person was able to meaningfully
78	78	11 participate in his or her defense;
79	79	12 (8) the person's prior juvenile or criminal history;
80	80	13 and
81	81	14 (9) any other information the court finds relevant and
82	82	15 reliable, including an expression of remorse, if
83	83	16 appropriate. However, if the person, on advice of counsel
84	84	17 chooses not to make a statement, the court shall not
85	85	18 consider a lack of an expression of remorse as an
86	86	19 aggravating factor.
87	87	20 (b) Except as provided in subsection (c), the court may
88	88	21 sentence the defendant to any disposition authorized for the
89	89	22 class of the offense of which he or she was found guilty as
90	90	23 described in Article 4.5 of this Code, and may, in its
91	91	24 discretion, decline to impose any otherwise applicable
92	92	25 sentencing enhancement based upon firearm possession,
93	93	26 possession with personal discharge, or possession with
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104	104	1 personal discharge that proximately causes great bodily harm,
105	105	2 permanent disability, permanent disfigurement, or death to
106	106	3 another person.
107	107	4 (b-5) Except as provided in subsection (c), the court may,
108	108	5 in its discretion, sentence a defendant who was under 18 years
109	109	6 of age at the time of the commission of the offense to a
110	110	7 sentence that is less than the applicable minimum determinate
111	111	8 sentence of imprisonment for the offense authorized by this
112	112	9 Code.
113	113	10 (c) Notwithstanding any other provision of law, if the
114	114	11 defendant is convicted of first degree murder and would
115	115	12 otherwise be subject to sentencing under clause (iii), (iv),
116	116	13 (v), or (vii) of subparagraph (c) of paragraph (1) of
117	117	14 subsection (a) of Section 5-8-1 of this Code based on the
118	118	15 category of persons identified therein, the court shall impose
119	119	16 a sentence of not less than 40 years of imprisonment. In
120	120	17 addition, the court may, in its discretion, decline to impose
121	121	18 the sentencing enhancements based upon the possession or use
122	122	19 of a firearm during the commission of the offense included in
123	123	20 subsection (d) of Section 5-8-1.
124	124	21 (Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875,
125	125	22 eff. 1-1-17.)
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131	131	HB1265 - 3 - LRB103 05343 RLC 50362 b