IL
Illinois House Bill HB3324

Illinois 2023-2024 Regular Session

Illinois House Bill HB3324 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3324 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 720 ILCS 5/8-4 from Ch. 38, par. 8-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that specified firearm sentencing enhancements are discretionary. LRB103 30248 RLC 56676 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3324 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 720 ILCS 5/8-4 from Ch. 38, par. 8-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/8-4 from Ch. 38, par. 8-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that specified firearm sentencing enhancements are discretionary. LRB103 30248 RLC 56676 b LRB103 30248 RLC 56676 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3324 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/8-4 from Ch. 38, par. 8-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/8-4 from Ch. 38, par. 8-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
44 720 ILCS 5/8-4 from Ch. 38, par. 8-4
55 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
66 Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that specified firearm sentencing enhancements are discretionary.
77 LRB103 30248 RLC 56676 b LRB103 30248 RLC 56676 b
88 LRB103 30248 RLC 56676 b
99 A BILL FOR
1010 HB3324LRB103 30248 RLC 56676 b HB3324 LRB103 30248 RLC 56676 b
1111 HB3324 LRB103 30248 RLC 56676 b
1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Criminal Code of 2012 is amended by
1616 5 changing Section 8-4 as follows:
1717 6 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
1818 7 Sec. 8-4. Attempt.
1919 8 (a) Elements of the offense.
2020 9 A person commits the offense of attempt when, with intent
2121 10 to commit a specific offense, he or she does any act that
2222 11 constitutes a substantial step toward the commission of that
2323 12 offense.
2424 13 (b) Impossibility.
2525 14 It is not a defense to a charge of attempt that because of
2626 15 a misapprehension of the circumstances it would have been
2727 16 impossible for the accused to commit the offense attempted.
2828 17 (c) Sentence.
2929 18 A person convicted of attempt may be fined or imprisoned
3030 19 or both not to exceed the maximum provided for the offense
3131 20 attempted but, except for an attempt to commit the offense
3232 21 defined in Section 33A-2 of this Code:
3333 22 (1) the sentence for attempt to commit first degree
3434 23 murder is the sentence for a Class X felony, except that
3535
3636
3737
3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3324 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3939 720 ILCS 5/8-4 from Ch. 38, par. 8-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/8-4 from Ch. 38, par. 8-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
4040 720 ILCS 5/8-4 from Ch. 38, par. 8-4
4141 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
4242 Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that specified firearm sentencing enhancements are discretionary.
4343 LRB103 30248 RLC 56676 b LRB103 30248 RLC 56676 b
4444 LRB103 30248 RLC 56676 b
4545 A BILL FOR
4646
4747
4848
4949
5050
5151 720 ILCS 5/8-4 from Ch. 38, par. 8-4
5252 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
5353
5454
5555
5656 LRB103 30248 RLC 56676 b
5757
5858
5959
6060
6161
6262
6363
6464
6565
6666 HB3324 LRB103 30248 RLC 56676 b
6767
6868
6969 HB3324- 2 -LRB103 30248 RLC 56676 b HB3324 - 2 - LRB103 30248 RLC 56676 b
7070 HB3324 - 2 - LRB103 30248 RLC 56676 b
7171 1 (A) an attempt to commit first degree murder when
7272 2 at least one of the aggravating factors specified in
7373 3 paragraphs (1), (2), and (12) of subsection (b) of
7474 4 Section 9-1 is present is a Class X felony for which
7575 5 the sentence shall be a term of imprisonment of not
7676 6 less than 20 years and not more than 80 years;
7777 7 (B) an attempt to commit first degree murder while
7878 8 armed with a firearm is a Class X felony for which 15
7979 9 years may shall be added to the term of imprisonment
8080 10 imposed by the court;
8181 11 (C) an attempt to commit first degree murder
8282 12 during which the person personally discharged a
8383 13 firearm is a Class X felony for which 20 years may
8484 14 shall be added to the term of imprisonment imposed by
8585 15 the court;
8686 16 (D) an attempt to commit first degree murder
8787 17 during which the person personally discharged a
8888 18 firearm that proximately caused great bodily harm,
8989 19 permanent disability, permanent disfigurement, or
9090 20 death to another person is a Class X felony for which
9191 21 25 years or up to a term of natural life may shall be
9292 22 added to the term of imprisonment imposed by the
9393 23 court; and
9494 24 (E) if the defendant proves by a preponderance of
9595 25 the evidence at sentencing that, at the time of the
9696 26 attempted murder, he or she was acting under a sudden
9797
9898
9999
100100
101101
102102 HB3324 - 2 - LRB103 30248 RLC 56676 b
103103
104104
105105 HB3324- 3 -LRB103 30248 RLC 56676 b HB3324 - 3 - LRB103 30248 RLC 56676 b
106106 HB3324 - 3 - LRB103 30248 RLC 56676 b
107107 1 and intense passion resulting from serious provocation
108108 2 by the individual whom the defendant endeavored to
109109 3 kill, or another, and, had the individual the
110110 4 defendant endeavored to kill died, the defendant would
111111 5 have negligently or accidentally caused that death,
112112 6 then the sentence for the attempted murder is the
113113 7 sentence for a Class 1 felony;
114114 8 (2) the sentence for attempt to commit a Class X
115115 9 felony is the sentence for a Class 1 felony;
116116 10 (3) the sentence for attempt to commit a Class 1
117117 11 felony is the sentence for a Class 2 felony;
118118 12 (4) the sentence for attempt to commit a Class 2
119119 13 felony is the sentence for a Class 3 felony; and
120120 14 (5) the sentence for attempt to commit any felony
121121 15 other than those specified in items (1), (2), (3), and (4)
122122 16 of this subsection (c) is the sentence for a Class A
123123 17 misdemeanor.
124124 18 (Source: P.A. 96-710, eff. 1-1-10.)
125125 19 Section 10. The Unified Code of Corrections is amended by
126126 20 changing Section 5-8-1 as follows:
127127 21 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
128128 22 Sec. 5-8-1. Natural life imprisonment; enhancements for
129129 23 use of a firearm; mandatory supervised release terms.
130130 24 (a) Except as otherwise provided in the statute defining
131131
132132
133133
134134
135135
136136 HB3324 - 3 - LRB103 30248 RLC 56676 b
137137
138138
139139 HB3324- 4 -LRB103 30248 RLC 56676 b HB3324 - 4 - LRB103 30248 RLC 56676 b
140140 HB3324 - 4 - LRB103 30248 RLC 56676 b
141141 1 the offense or in Article 4.5 of Chapter V, a sentence of
142142 2 imprisonment for a felony shall be a determinate sentence set
143143 3 by the court under this Section, subject to Section 5-4.5-115
144144 4 of this Code, according to the following limitations:
145145 5 (1) for first degree murder,
146146 6 (a) (blank),
147147 7 (b) if a trier of fact finds beyond a reasonable
148148 8 doubt that the murder was accompanied by exceptionally
149149 9 brutal or heinous behavior indicative of wanton
150150 10 cruelty or, except as set forth in subsection
151151 11 (a)(1)(c) of this Section, that any of the aggravating
152152 12 factors listed in subsection (b) or (b-5) of Section
153153 13 9-1 of the Criminal Code of 1961 or the Criminal Code
154154 14 of 2012 are present, the court may sentence the
155155 15 defendant, subject to Section 5-4.5-105, to a term of
156156 16 natural life imprisonment, or
157157 17 (c) the court shall sentence the defendant to a
158158 18 term of natural life imprisonment if the defendant, at
159159 19 the time of the commission of the murder, had attained
160160 20 the age of 18, and:
161161 21 (i) has previously been convicted of first
162162 22 degree murder under any state or federal law, or
163163 23 (ii) is found guilty of murdering more than
164164 24 one victim, or
165165 25 (iii) is found guilty of murdering a peace
166166 26 officer, fireman, or emergency management worker
167167
168168
169169
170170
171171
172172 HB3324 - 4 - LRB103 30248 RLC 56676 b
173173
174174
175175 HB3324- 5 -LRB103 30248 RLC 56676 b HB3324 - 5 - LRB103 30248 RLC 56676 b
176176 HB3324 - 5 - LRB103 30248 RLC 56676 b
177177 1 when the peace officer, fireman, or emergency
178178 2 management worker was killed in the course of
179179 3 performing his official duties, or to prevent the
180180 4 peace officer or fireman from performing his
181181 5 official duties, or in retaliation for the peace
182182 6 officer, fireman, or emergency management worker
183183 7 from performing his official duties, and the
184184 8 defendant knew or should have known that the
185185 9 murdered individual was a peace officer, fireman,
186186 10 or emergency management worker, or
187187 11 (iv) is found guilty of murdering an employee
188188 12 of an institution or facility of the Department of
189189 13 Corrections, or any similar local correctional
190190 14 agency, when the employee was killed in the course
191191 15 of performing his official duties, or to prevent
192192 16 the employee from performing his official duties,
193193 17 or in retaliation for the employee performing his
194194 18 official duties, or
195195 19 (v) is found guilty of murdering an emergency
196196 20 medical technician - ambulance, emergency medical
197197 21 technician - intermediate, emergency medical
198198 22 technician - paramedic, ambulance driver or other
199199 23 medical assistance or first aid person while
200200 24 employed by a municipality or other governmental
201201 25 unit when the person was killed in the course of
202202 26 performing official duties or to prevent the
203203
204204
205205
206206
207207
208208 HB3324 - 5 - LRB103 30248 RLC 56676 b
209209
210210
211211 HB3324- 6 -LRB103 30248 RLC 56676 b HB3324 - 6 - LRB103 30248 RLC 56676 b
212212 HB3324 - 6 - LRB103 30248 RLC 56676 b
213213 1 person from performing official duties or in
214214 2 retaliation for performing official duties and the
215215 3 defendant knew or should have known that the
216216 4 murdered individual was an emergency medical
217217 5 technician - ambulance, emergency medical
218218 6 technician - intermediate, emergency medical
219219 7 technician - paramedic, ambulance driver, or other
220220 8 medical assistant or first aid personnel, or
221221 9 (vi) (blank), or
222222 10 (vii) is found guilty of first degree murder
223223 11 and the murder was committed by reason of any
224224 12 person's activity as a community policing
225225 13 volunteer or to prevent any person from engaging
226226 14 in activity as a community policing volunteer. For
227227 15 the purpose of this Section, "community policing
228228 16 volunteer" has the meaning ascribed to it in
229229 17 Section 2-3.5 of the Criminal Code of 2012.
230230 18 For purposes of clause (v), "emergency medical
231231 19 technician - ambulance", "emergency medical technician -
232232 20 intermediate", "emergency medical technician -
233233 21 paramedic", have the meanings ascribed to them in the
234234 22 Emergency Medical Services (EMS) Systems Act.
235235 23 (d)(i) if the person committed the offense while
236236 24 armed with a firearm, 15 years may shall be added
237237 25 to the term of imprisonment imposed by the court;
238238 26 (ii) if, during the commission of the offense, the
239239
240240
241241
242242
243243
244244 HB3324 - 6 - LRB103 30248 RLC 56676 b
245245
246246
247247 HB3324- 7 -LRB103 30248 RLC 56676 b HB3324 - 7 - LRB103 30248 RLC 56676 b
248248 HB3324 - 7 - LRB103 30248 RLC 56676 b
249249 1 person personally discharged a firearm, 20 years may
250250 2 shall be added to the term of imprisonment imposed by
251251 3 the court;
252252 4 (iii) if, during the commission of the offense,
253253 5 the person personally discharged a firearm that
254254 6 proximately caused great bodily harm, permanent
255255 7 disability, permanent disfigurement, or death to
256256 8 another person, 25 years or up to a term of natural
257257 9 life may shall be added to the term of imprisonment
258258 10 imposed by the court.
259259 11 (2) (blank);
260260 12 (2.5) for a person who has attained the age of 18 years
261261 13 at the time of the commission of the offense and who is
262262 14 convicted under the circumstances described in subdivision
263263 15 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
264264 16 subsection (b) of Section 12-13, subdivision (d)(2) of
265265 17 Section 11-1.30 or paragraph (2) of subsection (d) of
266266 18 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
267267 19 paragraph (1.2) of subsection (b) of Section 12-14.1,
268268 20 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
269269 21 subsection (b) of Section 12-14.1 of the Criminal Code of
270270 22 1961 or the Criminal Code of 2012, the sentence shall be a
271271 23 term of natural life imprisonment.
272272 24 (b) (Blank).
273273 25 (c) (Blank).
274274 26 (d) Subject to earlier termination under Section 3-3-8,
275275
276276
277277
278278
279279
280280 HB3324 - 7 - LRB103 30248 RLC 56676 b
281281
282282
283283 HB3324- 8 -LRB103 30248 RLC 56676 b HB3324 - 8 - LRB103 30248 RLC 56676 b
284284 HB3324 - 8 - LRB103 30248 RLC 56676 b
285285 1 the parole or mandatory supervised release term shall be
286286 2 written as part of the sentencing order and shall be as
287287 3 follows:
288288 4 (1) for first degree murder or for the offenses of
289289 5 predatory criminal sexual assault of a child, aggravated
290290 6 criminal sexual assault, and criminal sexual assault if
291291 7 committed on or before December 12, 2005, 3 years;
292292 8 (1.5) except as provided in paragraph (7) of this
293293 9 subsection (d), for a Class X felony except for the
294294 10 offenses of predatory criminal sexual assault of a child,
295295 11 aggravated criminal sexual assault, and criminal sexual
296296 12 assault if committed on or after December 13, 2005 (the
297297 13 effective date of Public Act 94-715) and except for the
298298 14 offense of aggravated child pornography under Section
299299 15 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
300300 16 subsection (c-5) of Section 11-20.1 of the Criminal Code
301301 17 of 1961 or the Criminal Code of 2012, if committed on or
302302 18 after January 1, 2009, 18 months;
303303 19 (2) except as provided in paragraph (7) of this
304304 20 subsection (d), for a Class 1 felony or a Class 2 felony
305305 21 except for the offense of criminal sexual assault if
306306 22 committed on or after December 13, 2005 (the effective
307307 23 date of Public Act 94-715) and except for the offenses of
308308 24 manufacture and dissemination of child pornography under
309309 25 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
310310 26 Criminal Code of 1961 or the Criminal Code of 2012, if
311311
312312
313313
314314
315315
316316 HB3324 - 8 - LRB103 30248 RLC 56676 b
317317
318318
319319 HB3324- 9 -LRB103 30248 RLC 56676 b HB3324 - 9 - LRB103 30248 RLC 56676 b
320320 HB3324 - 9 - LRB103 30248 RLC 56676 b
321321 1 committed on or after January 1, 2009, 12 months;
322322 2 (3) except as provided in paragraph (4), (6), or (7)
323323 3 of this subsection (d), for a Class 3 felony or a Class 4
324324 4 felony, 6 months; no later than 45 days after the onset of
325325 5 the term of mandatory supervised release, the Prisoner
326326 6 Review Board shall conduct a discretionary discharge
327327 7 review pursuant to the provisions of Section 3-3-8, which
328328 8 shall include the results of a standardized risk and needs
329329 9 assessment tool administered by the Department of
330330 10 Corrections; the changes to this paragraph (3) made by
331331 11 this amendatory Act of the 102nd General Assembly apply to
332332 12 all individuals released on mandatory supervised release
333333 13 on or after the effective date of this amendatory Act of
334334 14 the 102nd General Assembly, including those individuals
335335 15 whose sentences were imposed prior to the effective date
336336 16 of this amendatory Act of the 102nd General Assembly;
337337 17 (4) for defendants who commit the offense of predatory
338338 18 criminal sexual assault of a child, aggravated criminal
339339 19 sexual assault, or criminal sexual assault, on or after
340340 20 December 13, 2005 (the effective date of Public Act
341341 21 94-715), or who commit the offense of aggravated child
342342 22 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
343343 23 with sentencing under subsection (c-5) of Section 11-20.1
344344 24 of the Criminal Code of 1961 or the Criminal Code of 2012,
345345 25 manufacture of child pornography, or dissemination of
346346 26 child pornography after January 1, 2009, the term of
347347
348348
349349
350350
351351
352352 HB3324 - 9 - LRB103 30248 RLC 56676 b
353353
354354
355355 HB3324- 10 -LRB103 30248 RLC 56676 b HB3324 - 10 - LRB103 30248 RLC 56676 b
356356 HB3324 - 10 - LRB103 30248 RLC 56676 b
357357 1 mandatory supervised release shall range from a minimum of
358358 2 3 years to a maximum of the natural life of the defendant;
359359 3 (5) if the victim is under 18 years of age, for a
360360 4 second or subsequent offense of aggravated criminal sexual
361361 5 abuse or felony criminal sexual abuse, 4 years, at least
362362 6 the first 2 years of which the defendant shall serve in an
363363 7 electronic monitoring or home detention program under
364364 8 Article 8A of Chapter V of this Code;
365365 9 (6) for a felony domestic battery, aggravated domestic
366366 10 battery, stalking, aggravated stalking, and a felony
367367 11 violation of an order of protection, 4 years;
368368 12 (7) for any felony described in paragraph (a)(2)(ii),
369369 13 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
370370 14 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
371371 15 3-6-3 of the Unified Code of Corrections requiring an
372372 16 inmate to serve a minimum of 85% of their court-imposed
373373 17 sentence, except for the offenses of predatory criminal
374374 18 sexual assault of a child, aggravated criminal sexual
375375 19 assault, and criminal sexual assault if committed on or
376376 20 after December 13, 2005 (the effective date of Public Act
377377 21 94-715) and except for the offense of aggravated child
378378 22 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
379379 23 with sentencing under subsection (c-5) of Section 11-20.1
380380 24 of the Criminal Code of 1961 or the Criminal Code of 2012,
381381 25 if committed on or after January 1, 2009 and except as
382382 26 provided in paragraph (4) or paragraph (6) of this
383383
384384
385385
386386
387387
388388 HB3324 - 10 - LRB103 30248 RLC 56676 b
389389
390390
391391 HB3324- 11 -LRB103 30248 RLC 56676 b HB3324 - 11 - LRB103 30248 RLC 56676 b
392392 HB3324 - 11 - LRB103 30248 RLC 56676 b
393393 1 subsection (d), the term of mandatory supervised release
394394 2 shall be as follows:
395395 3 (A) Class X felony, 3 years;
396396 4 (B) Class 1 or Class 2 felonies, 2 years;
397397 5 (C) Class 3 or Class 4 felonies, 1 year.
398398 6 (e) (Blank).
399399 7 (f) (Blank).
400400 8 (g) Notwithstanding any other provisions of this Act and
401401 9 of Public Act 101-652: (i) the provisions of paragraph (3) of
402402 10 subsection (d) are effective on July 1, 2022 and shall apply to
403403 11 all individuals convicted on or after the effective date of
404404 12 paragraph (3) of subsection (d); and (ii) the provisions of
405405 13 paragraphs (1.5) and (2) of subsection (d) are effective on
406406 14 July 1, 2021 and shall apply to all individuals convicted on or
407407 15 after the effective date of paragraphs (1.5) and (2) of
408408 16 subsection (d).
409409 17 (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
410410 18 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
411411 19 1-7-22; 102-1104, eff. 12-6-22.)
412412
413413
414414
415415
416416
417417 HB3324 - 11 - LRB103 30248 RLC 56676 b