Illinois 2023-2024 Regular Session

Illinois House Bill HB5037 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5037 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 720 ILCS 5/8-4 from Ch. 38, par. 8-4720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2720 ILCS 5/10-2 from Ch. 38, par. 10-2720 ILCS 5/11-1.30 was 720 ILCS 5/12-14720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1720 ILCS 5/12-3.05 was 720 ILCS 5/12-4720 ILCS 5/18-2 from Ch. 38, par. 18-2720 ILCS 5/18-4720 ILCS 5/19-6 was 720 ILCS 5/12-11730 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 certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm. LRB103 37909 RLC 68041 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5037 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 720 ILCS 5/8-4 from Ch. 38, par. 8-4720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2720 ILCS 5/10-2 from Ch. 38, par. 10-2720 ILCS 5/11-1.30 was 720 ILCS 5/12-14720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1720 ILCS 5/12-3.05 was 720 ILCS 5/12-4720 ILCS 5/18-2 from Ch. 38, par. 18-2720 ILCS 5/18-4720 ILCS 5/19-6 was 720 ILCS 5/12-11730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/8-4 from Ch. 38, par. 8-4 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2 720 ILCS 5/10-2 from Ch. 38, par. 10-2 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14 720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/18-2 from Ch. 38, par. 18-2 720 ILCS 5/18-4 720 ILCS 5/19-6 was 720 ILCS 5/12-11 730 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 certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm. LRB103 37909 RLC 68041 b LRB103 37909 RLC 68041 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5037 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/8-4 from Ch. 38, par. 8-4720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2720 ILCS 5/10-2 from Ch. 38, par. 10-2720 ILCS 5/11-1.30 was 720 ILCS 5/12-14720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1720 ILCS 5/12-3.05 was 720 ILCS 5/12-4720 ILCS 5/18-2 from Ch. 38, par. 18-2720 ILCS 5/18-4720 ILCS 5/19-6 was 720 ILCS 5/12-11730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/8-4 from Ch. 38, par. 8-4 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2 720 ILCS 5/10-2 from Ch. 38, par. 10-2 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14 720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/18-2 from Ch. 38, par. 18-2 720 ILCS 5/18-4 720 ILCS 5/19-6 was 720 ILCS 5/12-11 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
4	4	720 ILCS 5/8-4 from Ch. 38, par. 8-4
5	5	720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
6	6	720 ILCS 5/10-2 from Ch. 38, par. 10-2
7	7	720 ILCS 5/11-1.30 was 720 ILCS 5/12-14
8	8	720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1
9	9	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
10	10	720 ILCS 5/18-2 from Ch. 38, par. 18-2
11	11	720 ILCS 5/18-4
12	12	720 ILCS 5/19-6 was 720 ILCS 5/12-11
13	13	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
14	14	Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm.
15	15	LRB103 37909 RLC 68041 b LRB103 37909 RLC 68041 b
16	16	LRB103 37909 RLC 68041 b
17	17	A BILL FOR
18	18	HB5037LRB103 37909 RLC 68041 b HB5037 LRB103 37909 RLC 68041 b
19	19	HB5037 LRB103 37909 RLC 68041 b
20	20	1 AN ACT concerning criminal law.
21	21	2 Be it enacted by the People of the State of Illinois,
22	22	3 represented in the General Assembly:
23	23	4 Section 5. The Criminal Code of 2012 is amended by
24	24	5 changing Sections 8-4, 9-1.2, 10-2, 11-1.30, 11-1.40, 12-3.05,
25	25	6 18-2, 18-4, and 19-6 as follows:
26	26	7 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
27	27	8 Sec. 8-4. Attempt.
28	28	9 (a) Elements of the offense.
29	29	10 A person commits the offense of attempt when, with intent
30	30	11 to commit a specific offense, he or she does any act that
31	31	12 constitutes a substantial step toward the commission of that
32	32	13 offense.
33	33	14 (b) Impossibility.
34	34	15 It is not a defense to a charge of attempt that because of
35	35	16 a misapprehension of the circumstances it would have been
36	36	17 impossible for the accused to commit the offense attempted.
37	37	18 (c) Sentence.
38	38	19 A person convicted of attempt may be fined or imprisoned
39	39	20 or both not to exceed the maximum provided for the offense
40	40	21 attempted but, except for an attempt to commit the offense
41	41	22 defined in Section 33A-2 of this Code:
42	42	23 (1) the sentence for attempt to commit first degree
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46	46	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5037 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
47	47	720 ILCS 5/8-4 from Ch. 38, par. 8-4720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2720 ILCS 5/10-2 from Ch. 38, par. 10-2720 ILCS 5/11-1.30 was 720 ILCS 5/12-14720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1720 ILCS 5/12-3.05 was 720 ILCS 5/12-4720 ILCS 5/18-2 from Ch. 38, par. 18-2720 ILCS 5/18-4720 ILCS 5/19-6 was 720 ILCS 5/12-11730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/8-4 from Ch. 38, par. 8-4 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2 720 ILCS 5/10-2 from Ch. 38, par. 10-2 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14 720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/18-2 from Ch. 38, par. 18-2 720 ILCS 5/18-4 720 ILCS 5/19-6 was 720 ILCS 5/12-11 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
48	48	720 ILCS 5/8-4 from Ch. 38, par. 8-4
49	49	720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
50	50	720 ILCS 5/10-2 from Ch. 38, par. 10-2
51	51	720 ILCS 5/11-1.30 was 720 ILCS 5/12-14
52	52	720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1
53	53	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
54	54	720 ILCS 5/18-2 from Ch. 38, par. 18-2
55	55	720 ILCS 5/18-4
56	56	720 ILCS 5/19-6 was 720 ILCS 5/12-11
57	57	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
58	58	Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm.
59	59	LRB103 37909 RLC 68041 b LRB103 37909 RLC 68041 b
60	60	LRB103 37909 RLC 68041 b
61	61	A BILL FOR
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67	67	720 ILCS 5/8-4 from Ch. 38, par. 8-4
68	68	720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
69	69	720 ILCS 5/10-2 from Ch. 38, par. 10-2
70	70	720 ILCS 5/11-1.30 was 720 ILCS 5/12-14
71	71	720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1
72	72	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
73	73	720 ILCS 5/18-2 from Ch. 38, par. 18-2
74	74	720 ILCS 5/18-4
75	75	720 ILCS 5/19-6 was 720 ILCS 5/12-11
76	76	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
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95	95	1 murder is the sentence for a Class X felony, except that
96	96	2 (A) an attempt to commit first degree murder when
97	97	3 at least one of the aggravating factors specified in
98	98	4 clauses (iii), (iv), and (v) of subsection (a)(1)(c)
99	99	5 of Section 5-8-1 of the Unified Code of Corrections is
100	100	6 present is a Class X felony for which the sentence
101	101	7 shall be a term of imprisonment of not less than 20
102	102	8 years and not more than 80 years;
103	103	9 (B) an attempt to commit first degree murder while
104	104	10 armed with a firearm is a Class X felony for which up
105	105	11 to 15 years may shall be added to the term of
106	106	12 imprisonment imposed by the court if the person
107	107	13 committed the offense while personally armed with the
108	108	14 firearm and while personally displaying the firearm;
109	109	15 (C) an attempt to commit first degree murder
110	110	16 during which the person personally discharged a
111	111	17 firearm is a Class X felony for which up to 20 years
112	112	18 may shall be added to the term of imprisonment imposed
113	113	19 by the court;
114	114	20 (D) an attempt to commit first degree murder
115	115	21 during which the person personally discharged a
116	116	22 firearm that proximately caused great bodily harm,
117	117	23 permanent disability, permanent disfigurement, or
118	118	24 death to another person is a Class X felony for which
119	119	25 up to 25 years may or up to a term of natural life
120	120	26 shall be added to the term of imprisonment imposed by
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131	131	1 the court; and
132	132	2 (E) if the defendant proves by a preponderance of
133	133	3 the evidence at sentencing that, at the time of the
134	134	4 attempted murder, he or she was acting under a sudden
135	135	5 and intense passion resulting from serious provocation
136	136	6 by the individual whom the defendant endeavored to
137	137	7 kill, or another, and, had the individual the
138	138	8 defendant endeavored to kill died, the defendant would
139	139	9 have negligently or accidentally caused that death,
140	140	10 then the sentence for the attempted murder is the
141	141	11 sentence for a Class 1 felony;
142	142	12 (2) the sentence for attempt to commit a Class X
143	143	13 felony is the sentence for a Class 1 felony;
144	144	14 (3) the sentence for attempt to commit a Class 1
145	145	15 felony is the sentence for a Class 2 felony;
146	146	16 (4) the sentence for attempt to commit a Class 2
147	147	17 felony is the sentence for a Class 3 felony; and
148	148	18 (5) the sentence for attempt to commit any felony
149	149	19 other than those specified in items (1), (2), (3), and (4)
150	150	20 of this subsection (c) is the sentence for a Class A
151	151	21 misdemeanor.
152	152	22 (Source: P.A. 103-51, eff. 1-1-24.)
153	153	23 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
154	154	24 Sec. 9-1.2. Intentional homicide of an unborn child.
155	155	25 (a) A person commits the offense of intentional homicide
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166	166	1 of an unborn child if, in performing acts which cause the death
167	167	2 of an unborn child, he without lawful justification:
168	168	3 (1) either intended to cause the death of or do great
169	169	4 bodily harm to the pregnant individual or unborn child or
170	170	5 knew that such acts would cause death or great bodily harm
171	171	6 to the pregnant individual or unborn child; or
172	172	7 (2) knew that his acts created a strong probability of
173	173	8 death or great bodily harm to the pregnant individual or
174	174	9 unborn child; and
175	175	10 (3) knew that the individual was pregnant.
176	176	11 (b) For purposes of this Section, (1) "unborn child" shall
177	177	12 mean any individual of the human species from the implantation
178	178	13 of an embryo until birth, and (2) "person" shall not include
179	179	14 the pregnant woman whose unborn child is killed.
180	180	15 (c) This Section shall not apply to acts which cause the
181	181	16 death of an unborn child if those acts were committed during
182	182	17 any abortion, as defined in Section 1-10 of the Reproductive
183	183	18 Health Act, to which the pregnant individual has consented.
184	184	19 This Section shall not apply to acts which were committed
185	185	20 pursuant to usual and customary standards of medical practice
186	186	21 during diagnostic testing or therapeutic treatment.
187	187	22 (d) Penalty. The sentence for intentional homicide of an
188	188	23 unborn child shall be the same as for first degree murder,
189	189	24 except that:
190	190	25 (1) (blank);
191	191	26 (2) if the person committed the offense while
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202	202	1 personally armed with a firearm, and while personally
203	203	2 displaying the firearm, up to 15 years may shall be added
204	204	3 to the term of imprisonment imposed by the court;
205	205	4 (3) if, during the commission of the offense, the
206	206	5 person personally discharged a firearm, up to 20 years may
207	207	6 shall be added to the term of imprisonment imposed by the
208	208	7 court;
209	209	8 (4) if, during the commission of the offense, the
210	210	9 person personally discharged a firearm that proximately
211	211	10 caused great bodily harm, permanent disability, permanent
212	212	11 disfigurement, or death to another person, up to 25 years
213	213	12 may or up to a term of natural life shall be added to the
214	214	13 term of imprisonment imposed by the court.
215	215	14 (e) The provisions of this Act shall not be construed to
216	216	15 prohibit the prosecution of any person under any other
217	217	16 provision of law.
218	218	17 (Source: P.A. 103-51, eff. 1-1-24.)
219	219	18 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
220	220	19 Sec. 10-2. Aggravated kidnaping.
221	221	20 (a) A person commits the offense of aggravated kidnaping
222	222	21 when he or she commits kidnapping and:
223	223	22 (1) kidnaps with the intent to obtain ransom from the
224	224	23 person kidnaped or from any other person;
225	225	24 (2) takes as his or her victim a child under the age of
226	226	25 13 years, or a person with a severe or profound
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237	237	1 intellectual disability;
238	238	2 (3) inflicts great bodily harm, other than by the
239	239	3 discharge of a firearm, or commits another felony upon his
240	240	4 or her victim;
241	241	5 (4) wears a hood, robe, or mask or conceals his or her
242	242	6 identity;
243	243	7 (5) commits the offense of kidnaping while armed with
244	244	8 a dangerous weapon, other than a firearm, as defined in
245	245	9 Section 33A-1 of this Code;
246	246	10 (6) commits the offense of kidnaping while armed with
247	247	11 a firearm;
248	248	12 (7) during the commission of the offense of kidnaping,
249	249	13 personally discharges a firearm; or
250	250	14 (8) during the commission of the offense of kidnaping,
251	251	15 personally discharges a firearm that proximately causes
252	252	16 great bodily harm, permanent disability, permanent
253	253	17 disfigurement, or death to another person.
254	254	18 As used in this Section, "ransom" includes money, benefit,
255	255	19 or other valuable thing or concession.
256	256	20 (b) Sentence. Aggravated kidnaping in violation of
257	257	21 paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
258	258	22 Class X felony. A violation of subsection (a)(6) is a Class X
259	259	23 felony for which up to 15 years may shall be added to the term
260	260	24 of imprisonment imposed by the court, if the person committed
261	261	25 the offense while personally armed with a firearm, and while
262	262	26 personally displaying the firearm. A violation of subsection
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273	273	1 (a)(7) is a Class X felony for which up to 20 years may shall
274	274	2 be added to the term of imprisonment imposed by the court. A
275	275	3 violation of subsection (a)(8) is a Class X felony for which up
276	276	4 to 25 years may or up to a term of natural life shall be added
277	277	5 to the term of imprisonment imposed by the court. An offender
278	278	6 under the age of 18 years at the time of the commission of
279	279	7 aggravated kidnaping in violation of paragraphs (1) through
280	280	8 (8) of subsection (a) shall be sentenced under Section
281	281	9 5-4.5-105 of the Unified Code of Corrections.
282	282	10 A person who has attained the age of 18 years at the time
283	283	11 of the commission of the offense and who is convicted of a
284	284	12 second or subsequent offense of aggravated kidnaping shall be
285	285	13 sentenced to a term of natural life imprisonment; except that
286	286	14 a sentence of natural life imprisonment shall not be imposed
287	287	15 under this Section unless the second or subsequent offense was
288	288	16 committed after conviction on the first offense. An offender
289	289	17 under the age of 18 years at the time of the commission of the
290	290	18 second or subsequent offense shall be sentenced under Section
291	291	19 5-4.5-105 of the Unified Code of Corrections.
292	292	20 (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
293	293	21 99-642, eff. 7-28-16.)
294	294	22 (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
295	295	23 Sec. 11-1.30. Aggravated Criminal Sexual Assault.
296	296	24 (a) A person commits aggravated criminal sexual assault if
297	297	25 that person commits criminal sexual assault and any of the
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308	308	1 following aggravating circumstances exist during the
309	309	2 commission of the offense or, for purposes of paragraph (7),
310	310	3 occur as part of the same course of conduct as the commission
311	311	4 of the offense:
312	312	5 (1) the person displays, threatens to use, or uses a
313	313	6 dangerous weapon, other than a firearm, or any other
314	314	7 object fashioned or used in a manner that leads the
315	315	8 victim, under the circumstances, reasonably to believe
316	316	9 that the object is a dangerous weapon;
317	317	10 (2) the person causes bodily harm to the victim,
318	318	11 except as provided in paragraph (10);
319	319	12 (3) the person acts in a manner that threatens or
320	320	13 endangers the life of the victim or any other person;
321	321	14 (4) the person commits the criminal sexual assault
322	322	15 during the course of committing or attempting to commit
323	323	16 any other felony;
324	324	17 (5) the victim is 60 years of age or older;
325	325	18 (6) the victim is a person with a physical disability;
326	326	19 (7) the person delivers (by injection, inhalation,
327	327	20 ingestion, transfer of possession, or any other means) any
328	328	21 controlled substance to the victim without the victim's
329	329	22 consent or by threat or deception for other than medical
330	330	23 purposes;
331	331	24 (8) the person is armed with a firearm;
332	332	25 (9) the person personally discharges a firearm during
333	333	26 the commission of the offense; or
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344	344	1 (10) the person personally discharges a firearm during
345	345	2 the commission of the offense, and that discharge
346	346	3 proximately causes great bodily harm, permanent
347	347	4 disability, permanent disfigurement, or death to another
348	348	5 person.
349	349	6 (b) A person commits aggravated criminal sexual assault if
350	350	7 that person is under 17 years of age and: (i) commits an act of
351	351	8 sexual penetration with a victim who is under 9 years of age;
352	352	9 or (ii) commits an act of sexual penetration with a victim who
353	353	10 is at least 9 years of age but under 13 years of age and the
354	354	11 person uses force or threat of force to commit the act.
355	355	12 (c) A person commits aggravated criminal sexual assault if
356	356	13 that person commits an act of sexual penetration with a victim
357	357	14 who is a person with a severe or profound intellectual
358	358	15 disability.
359	359	16 (d) Sentence.
360	360	17 (1) Aggravated criminal sexual assault in violation of
361	361	18 paragraph (2), (3), (4), (5), (6), or (7) of subsection
362	362	19 (a) or in violation of subsection (b) or (c) is a Class X
363	363	20 felony. A violation of subsection (a)(1) is a Class X
364	364	21 felony for which 10 years shall be added to the term of
365	365	22 imprisonment imposed by the court. A violation of
366	366	23 subsection (a)(8) is a Class X felony for which up to 15
367	367	24 years may shall be added to the term of imprisonment
368	368	25 imposed by the court, if the person committed the offense
369	369	26 while personally armed with a firearm, and while
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380	380	1 personally displaying the firearm. A violation of
381	381	2 subsection (a)(9) is a Class X felony for which 20 years
382	382	3 shall be added to the term of imprisonment imposed by the
383	383	4 court. A violation of subsection (a)(10) is a Class X
384	384	5 felony for which 25 years or up to a term of natural life
385	385	6 imprisonment shall be added to the term of imprisonment
386	386	7 imposed by the court. An offender under the age of 18 years
387	387	8 at the time of the commission of aggravated criminal
388	388	9 sexual assault in violation of paragraphs (1) through (10)
389	389	10 of subsection (a) shall be sentenced under Section
390	390	11 5-4.5-105 of the Unified Code of Corrections.
391	391	12 (2) A person who has attained the age of 18 years at
392	392	13 the time of the commission of the offense and who is
393	393	14 convicted of a second or subsequent offense of aggravated
394	394	15 criminal sexual assault, or who is convicted of the
395	395	16 offense of aggravated criminal sexual assault after having
396	396	17 previously been convicted of the offense of criminal
397	397	18 sexual assault or the offense of predatory criminal sexual
398	398	19 assault of a child, or who is convicted of the offense of
399	399	20 aggravated criminal sexual assault after having previously
400	400	21 been convicted under the laws of this or any other state of
401	401	22 an offense that is substantially equivalent to the offense
402	402	23 of criminal sexual assault, the offense of aggravated
403	403	24 criminal sexual assault or the offense of predatory
404	404	25 criminal sexual assault of a child, shall be sentenced to
405	405	26 a term of natural life imprisonment. The commission of the
406	406
407	407
408	408
409	409
410	410
411	411	HB5037 - 10 - LRB103 37909 RLC 68041 b
412	412
413	413
414	414	HB5037- 11 -LRB103 37909 RLC 68041 b HB5037 - 11 - LRB103 37909 RLC 68041 b
415	415	HB5037 - 11 - LRB103 37909 RLC 68041 b
416	416	1 second or subsequent offense is required to have been
417	417	2 after the initial conviction for this paragraph (2) to
418	418	3 apply. An offender under the age of 18 years at the time of
419	419	4 the commission of the offense covered by this paragraph
420	420	5 (2) shall be sentenced under Section 5-4.5-105 of the
421	421	6 Unified Code of Corrections.
422	422	7 (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
423	423	8 99-642, eff. 7-28-16.)
424	424	9 (720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
425	425	10 Sec. 11-1.40. Predatory criminal sexual assault of a
426	426	11 child.
427	427	12 (a) A person commits predatory criminal sexual assault of
428	428	13 a child if that person is 17 years of age or older, and commits
429	429	14 an act of contact, however slight, between the sex organ or
430	430	15 anus of one person and the part of the body of another for the
431	431	16 purpose of sexual gratification or arousal of the victim or
432	432	17 the accused, or an act of sexual penetration, and:
433	433	18 (1) the victim is under 13 years of age; or
434	434	19 (2) the victim is under 13 years of age and that
435	435	20 person:
436	436	21 (A) is armed with a firearm;
437	437	22 (B) personally discharges a firearm during the
438	438	23 commission of the offense;
439	439	24 (C) causes great bodily harm to the victim that:
440	440	25 (i) results in permanent disability; or
441	441
442	442
443	443
444	444
445	445
446	446	HB5037 - 11 - LRB103 37909 RLC 68041 b
447	447
448	448
449	449	HB5037- 12 -LRB103 37909 RLC 68041 b HB5037 - 12 - LRB103 37909 RLC 68041 b
450	450	HB5037 - 12 - LRB103 37909 RLC 68041 b
451	451	1 (ii) is life threatening; or
452	452	2 (D) delivers (by injection, inhalation, ingestion,
453	453	3 transfer of possession, or any other means) any
454	454	4 controlled substance to the victim without the
455	455	5 victim's consent or by threat or deception, for other
456	456	6 than medical purposes.
457	457	7 (b) Sentence.
458	458	8 (1) A person convicted of a violation of subsection
459	459	9 (a)(1) commits a Class X felony, for which the person
460	460	10 shall be sentenced to a term of imprisonment of not less
461	461	11 than 6 years and not more than 60 years. A person convicted
462	462	12 of a violation of subsection (a)(2)(A) commits a Class X
463	463	13 felony for which up to 15 years may shall be added to the
464	464	14 term of imprisonment imposed by the court, if the person
465	465	15 committed the offense while personally armed with a
466	466	16 firearm, and while personally displaying the firearm. A
467	467	17 person convicted of a violation of subsection (a)(2)(B)
468	468	18 commits a Class X felony for which up to 20 years may shall
469	469	19 be added to the term of imprisonment imposed by the court.
470	470	20 A person who has attained the age of 18 years at the time
471	471	21 of the commission of the offense and who is convicted of a
472	472	22 violation of subsection (a)(2)(C) commits a Class X felony
473	473	23 for which the person shall be sentenced to a term of
474	474	24 imprisonment of not less than 50 years or up to a term of
475	475	25 natural life imprisonment. An offender under the age of 18
476	476	26 years at the time of the commission of predatory criminal
477	477
478	478
479	479
480	480
481	481
482	482	HB5037 - 12 - LRB103 37909 RLC 68041 b
483	483
484	484
485	485	HB5037- 13 -LRB103 37909 RLC 68041 b HB5037 - 13 - LRB103 37909 RLC 68041 b
486	486	HB5037 - 13 - LRB103 37909 RLC 68041 b
487	487	1 sexual assault of a child in violation of subsections
488	488	2 (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be
489	489	3 sentenced under Section 5-4.5-105 of the Unified Code of
490	490	4 Corrections.
491	491	5 (1.1) A person convicted of a violation of subsection
492	492	6 (a)(2)(D) commits a Class X felony for which the person
493	493	7 shall be sentenced to a term of imprisonment of not less
494	494	8 than 50 years and not more than 60 years. An offender under
495	495	9 the age of 18 years at the time of the commission of
496	496	10 predatory criminal sexual assault of a child in violation
497	497	11 of subsection (a)(2)(D) shall be sentenced under Section
498	498	12 5-4.5-105 of the Unified Code of Corrections.
499	499	13 (1.2) A person who has attained the age of 18 years at
500	500	14 the time of the commission of the offense and convicted of
501	501	15 predatory criminal sexual assault of a child committed
502	502	16 against 2 or more persons regardless of whether the
503	503	17 offenses occurred as the result of the same act or of
504	504	18 several related or unrelated acts shall be sentenced to a
505	505	19 term of natural life imprisonment and an offender under
506	506	20 the age of 18 years at the time of the commission of the
507	507	21 offense shall be sentenced under Section 5-4.5-105 of the
508	508	22 Unified Code of Corrections.
509	509	23 (2) A person who has attained the age of 18 years at
510	510	24 the time of the commission of the offense and who is
511	511	25 convicted of a second or subsequent offense of predatory
512	512	26 criminal sexual assault of a child, or who is convicted of
513	513
514	514
515	515
516	516
517	517
518	518	HB5037 - 13 - LRB103 37909 RLC 68041 b
519	519
520	520
521	521	HB5037- 14 -LRB103 37909 RLC 68041 b HB5037 - 14 - LRB103 37909 RLC 68041 b
522	522	HB5037 - 14 - LRB103 37909 RLC 68041 b
523	523	1 the offense of predatory criminal sexual assault of a
524	524	2 child after having previously been convicted of the
525	525	3 offense of criminal sexual assault or the offense of
526	526	4 aggravated criminal sexual assault, or who is convicted of
527	527	5 the offense of predatory criminal sexual assault of a
528	528	6 child after having previously been convicted under the
529	529	7 laws of this State or any other state of an offense that is
530	530	8 substantially equivalent to the offense of predatory
531	531	9 criminal sexual assault of a child, the offense of
532	532	10 aggravated criminal sexual assault or the offense of
533	533	11 criminal sexual assault, shall be sentenced to a term of
534	534	12 natural life imprisonment. The commission of the second or
535	535	13 subsequent offense is required to have been after the
536	536	14 initial conviction for this paragraph (2) to apply. An
537	537	15 offender under the age of 18 years at the time of the
538	538	16 commission of the offense covered by this paragraph (2)
539	539	17 shall be sentenced under Section 5-4.5-105 of the Unified
540	540	18 Code of Corrections.
541	541	19 (Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14;
542	542	20 98-903, eff. 8-15-14; 99-69, eff. 1-1-16.)
543	543	21 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
544	544	22 Sec. 12-3.05. Aggravated battery.
545	545	23 (a) Offense based on injury. A person commits aggravated
546	546	24 battery when, in committing a battery, other than by the
547	547	25 discharge of a firearm, he or she knowingly does any of the
548	548
549	549
550	550
551	551
552	552
553	553	HB5037 - 14 - LRB103 37909 RLC 68041 b
554	554
555	555
556	556	HB5037- 15 -LRB103 37909 RLC 68041 b HB5037 - 15 - LRB103 37909 RLC 68041 b
557	557	HB5037 - 15 - LRB103 37909 RLC 68041 b
558	558	1 following:
559	559	2 (1) Causes great bodily harm or permanent disability
560	560	3 or disfigurement.
561	561	4 (2) Causes severe and permanent disability, great
562	562	5 bodily harm, or disfigurement by means of a caustic or
563	563	6 flammable substance, a poisonous gas, a deadly biological
564	564	7 or chemical contaminant or agent, a radioactive substance,
565	565	8 or a bomb or explosive compound.
566	566	9 (3) Causes great bodily harm or permanent disability
567	567	10 or disfigurement to an individual whom the person knows to
568	568	11 be a peace officer, community policing volunteer, fireman,
569	569	12 private security officer, correctional institution
570	570	13 employee, or Department of Human Services employee
571	571	14 supervising or controlling sexually dangerous persons or
572	572	15 sexually violent persons:
573	573	16 (i) performing his or her official duties;
574	574	17 (ii) battered to prevent performance of his or her
575	575	18 official duties; or
576	576	19 (iii) battered in retaliation for performing his
577	577	20 or her official duties.
578	578	21 (4) Causes great bodily harm or permanent disability
579	579	22 or disfigurement to an individual 60 years of age or
580	580	23 older.
581	581	24 (5) Strangles another individual.
582	582	25 (b) Offense based on injury to a child or person with an
583	583	26 intellectual disability. A person who is at least 18 years of
584	584
585	585
586	586
587	587
588	588
589	589	HB5037 - 15 - LRB103 37909 RLC 68041 b
590	590
591	591
592	592	HB5037- 16 -LRB103 37909 RLC 68041 b HB5037 - 16 - LRB103 37909 RLC 68041 b
593	593	HB5037 - 16 - LRB103 37909 RLC 68041 b
594	594	1 age commits aggravated battery when, in committing a battery,
595	595	2 he or she knowingly and without legal justification by any
596	596	3 means:
597	597	4 (1) causes great bodily harm or permanent disability
598	598	5 or disfigurement to any child under the age of 13 years, or
599	599	6 to any person with a severe or profound intellectual
600	600	7 disability; or
601	601	8 (2) causes bodily harm or disability or disfigurement
602	602	9 to any child under the age of 13 years or to any person
603	603	10 with a severe or profound intellectual disability.
604	604	11 (c) Offense based on location of conduct. A person commits
605	605	12 aggravated battery when, in committing a battery, other than
606	606	13 by the discharge of a firearm, he or she is or the person
607	607	14 battered is on or about a public way, public property, a public
608	608	15 place of accommodation or amusement, a sports venue, or a
609	609	16 domestic violence shelter, or in a church, synagogue, mosque,
610	610	17 or other building, structure, or place used for religious
611	611	18 worship.
612	612	19 (d) Offense based on status of victim. A person commits
613	613	20 aggravated battery when, in committing a battery, other than
614	614	21 by discharge of a firearm, he or she knows the individual
615	615	22 battered to be any of the following:
616	616	23 (1) A person 60 years of age or older.
617	617	24 (2) A person who is pregnant or has a physical
618	618	25 disability.
619	619	26 (3) A teacher or school employee upon school grounds
620	620
621	621
622	622
623	623
624	624
625	625	HB5037 - 16 - LRB103 37909 RLC 68041 b
626	626
627	627
628	628	HB5037- 17 -LRB103 37909 RLC 68041 b HB5037 - 17 - LRB103 37909 RLC 68041 b
629	629	HB5037 - 17 - LRB103 37909 RLC 68041 b
630	630	1 or grounds adjacent to a school or in any part of a
631	631	2 building used for school purposes.
632	632	3 (4) A peace officer, community policing volunteer,
633	633	4 fireman, private security officer, correctional
634	634	5 institution employee, or Department of Human Services
635	635	6 employee supervising or controlling sexually dangerous
636	636	7 persons or sexually violent persons:
637	637	8 (i) performing his or her official duties;
638	638	9 (ii) battered to prevent performance of his or her
639	639	10 official duties; or
640	640	11 (iii) battered in retaliation for performing his
641	641	12 or her official duties.
642	642	13 (5) A judge, emergency management worker, emergency
643	643	14 medical services personnel, or utility worker:
644	644	15 (i) performing his or her official duties;
645	645	16 (ii) battered to prevent performance of his or her
646	646	17 official duties; or
647	647	18 (iii) battered in retaliation for performing his
648	648	19 or her official duties.
649	649	20 (6) An officer or employee of the State of Illinois, a
650	650	21 unit of local government, or a school district, while
651	651	22 performing his or her official duties.
652	652	23 (7) A transit employee performing his or her official
653	653	24 duties, or a transit passenger.
654	654	25 (8) A taxi driver on duty.
655	655	26 (9) A merchant who detains the person for an alleged
656	656
657	657
658	658
659	659
660	660
661	661	HB5037 - 17 - LRB103 37909 RLC 68041 b
662	662
663	663
664	664	HB5037- 18 -LRB103 37909 RLC 68041 b HB5037 - 18 - LRB103 37909 RLC 68041 b
665	665	HB5037 - 18 - LRB103 37909 RLC 68041 b
666	666	1 commission of retail theft under Section 16-26 of this
667	667	2 Code and the person without legal justification by any
668	668	3 means causes bodily harm to the merchant.
669	669	4 (10) A person authorized to serve process under
670	670	5 Section 2-202 of the Code of Civil Procedure or a special
671	671	6 process server appointed by the circuit court while that
672	672	7 individual is in the performance of his or her duties as a
673	673	8 process server.
674	674	9 (11) A nurse while in the performance of his or her
675	675	10 duties as a nurse.
676	676	11 (12) A merchant: (i) while performing his or her
677	677	12 duties, including, but not limited to, relaying directions
678	678	13 for healthcare or safety from his or her supervisor or
679	679	14 employer or relaying health or safety guidelines,
680	680	15 recommendations, regulations, or rules from a federal,
681	681	16 State, or local public health agency; and (ii) during a
682	682	17 disaster declared by the Governor, or a state of emergency
683	683	18 declared by the mayor of the municipality in which the
684	684	19 merchant is located, due to a public health emergency and
685	685	20 for a period of 6 months after such declaration.
686	686	21 (e) Offense based on use of a firearm. A person commits
687	687	22 aggravated battery when, in committing a battery, he or she
688	688	23 knowingly does any of the following:
689	689	24 (1) Discharges a firearm, other than a machine gun or
690	690	25 a firearm equipped with a silencer, and causes any injury
691	691	26 to another person.
692	692
693	693
694	694
695	695
696	696
697	697	HB5037 - 18 - LRB103 37909 RLC 68041 b
698	698
699	699
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701	701	HB5037 - 19 - LRB103 37909 RLC 68041 b
702	702	1 (2) Discharges a firearm, other than a machine gun or
703	703	2 a firearm equipped with a silencer, and causes any injury
704	704	3 to a person he or she knows to be a peace officer,
705	705	4 community policing volunteer, person summoned by a police
706	706	5 officer, fireman, private security officer, correctional
707	707	6 institution employee, or emergency management worker:
708	708	7 (i) performing his or her official duties;
709	709	8 (ii) battered to prevent performance of his or her
710	710	9 official duties; or
711	711	10 (iii) battered in retaliation for performing his
712	712	11 or her official duties.
713	713	12 (3) Discharges a firearm, other than a machine gun or
714	714	13 a firearm equipped with a silencer, and causes any injury
715	715	14 to a person he or she knows to be emergency medical
716	716	15 services personnel:
717	717	16 (i) performing his or her official duties;
718	718	17 (ii) battered to prevent performance of his or her
719	719	18 official duties; or
720	720	19 (iii) battered in retaliation for performing his
721	721	20 or her official duties.
722	722	21 (4) Discharges a firearm and causes any injury to a
723	723	22 person he or she knows to be a teacher, a student in a
724	724	23 school, or a school employee, and the teacher, student, or
725	725	24 employee is upon school grounds or grounds adjacent to a
726	726	25 school or in any part of a building used for school
727	727	26 purposes.
728	728
729	729
730	730
731	731
732	732
733	733	HB5037 - 19 - LRB103 37909 RLC 68041 b
734	734
735	735
736	736	HB5037- 20 -LRB103 37909 RLC 68041 b HB5037 - 20 - LRB103 37909 RLC 68041 b
737	737	HB5037 - 20 - LRB103 37909 RLC 68041 b
738	738	1 (5) Discharges a machine gun or a firearm equipped
739	739	2 with a silencer, and causes any injury to another person.
740	740	3 (6) Discharges a machine gun or a firearm equipped
741	741	4 with a silencer, and causes any injury to a person he or
742	742	5 she knows to be a peace officer, community policing
743	743	6 volunteer, person summoned by a police officer, fireman,
744	744	7 private security officer, correctional institution
745	745	8 employee or emergency management worker:
746	746	9 (i) performing his or her official duties;
747	747	10 (ii) battered to prevent performance of his or her
748	748	11 official duties; or
749	749	12 (iii) battered in retaliation for performing his
750	750	13 or her official duties.
751	751	14 (7) Discharges a machine gun or a firearm equipped
752	752	15 with a silencer, and causes any injury to a person he or
753	753	16 she knows to be emergency medical services personnel:
754	754	17 (i) performing his or her official duties;
755	755	18 (ii) battered to prevent performance of his or her
756	756	19 official duties; or
757	757	20 (iii) battered in retaliation for performing his
758	758	21 or her official duties.
759	759	22 (8) Discharges a machine gun or a firearm equipped
760	760	23 with a silencer, and causes any injury to a person he or
761	761	24 she knows to be a teacher, or a student in a school, or a
762	762	25 school employee, and the teacher, student, or employee is
763	763	26 upon school grounds or grounds adjacent to a school or in
764	764
765	765
766	766
767	767
768	768
769	769	HB5037 - 20 - LRB103 37909 RLC 68041 b
770	770
771	771
772	772	HB5037- 21 -LRB103 37909 RLC 68041 b HB5037 - 21 - LRB103 37909 RLC 68041 b
773	773	HB5037 - 21 - LRB103 37909 RLC 68041 b
774	774	1 any part of a building used for school purposes.
775	775	2 (f) Offense based on use of a weapon or device. A person
776	776	3 commits aggravated battery when, in committing a battery, he
777	777	4 or she does any of the following:
778	778	5 (1) Uses a deadly weapon other than by discharge of a
779	779	6 firearm, or uses an air rifle as defined in Section
780	780	7 24.8-0.1 of this Code.
781	781	8 (2) Wears a hood, robe, or mask to conceal his or her
782	782	9 identity.
783	783	10 (3) Knowingly and without lawful justification shines
784	784	11 or flashes a laser gunsight or other laser device attached
785	785	12 to a firearm, or used in concert with a firearm, so that
786	786	13 the laser beam strikes upon or against the person of
787	787	14 another.
788	788	15 (4) Knowingly video or audio records the offense with
789	789	16 the intent to disseminate the recording.
790	790	17 (g) Offense based on certain conduct. A person commits
791	791	18 aggravated battery when, other than by discharge of a firearm,
792	792	19 he or she does any of the following:
793	793	20 (1) Violates Section 401 of the Illinois Controlled
794	794	21 Substances Act by unlawfully delivering a controlled
795	795	22 substance to another and any user experiences great bodily
796	796	23 harm or permanent disability as a result of the injection,
797	797	24 inhalation, or ingestion of any amount of the controlled
798	798	25 substance.
799	799	26 (2) Knowingly administers to an individual or causes
800	800
801	801
802	802
803	803
804	804
805	805	HB5037 - 21 - LRB103 37909 RLC 68041 b
806	806
807	807
808	808	HB5037- 22 -LRB103 37909 RLC 68041 b HB5037 - 22 - LRB103 37909 RLC 68041 b
809	809	HB5037 - 22 - LRB103 37909 RLC 68041 b
810	810	1 him or her to take, without his or her consent or by threat
811	811	2 or deception, and for other than medical purposes, any
812	812	3 intoxicating, poisonous, stupefying, narcotic,
813	813	4 anesthetic, or controlled substance, or gives to another
814	814	5 person any food containing any substance or object
815	815	6 intended to cause physical injury if eaten.
816	816	7 (3) Knowingly causes or attempts to cause a
817	817	8 correctional institution employee or Department of Human
818	818	9 Services employee to come into contact with blood, seminal
819	819	10 fluid, urine, or feces by throwing, tossing, or expelling
820	820	11 the fluid or material, and the person is an inmate of a
821	821	12 penal institution or is a sexually dangerous person or
822	822	13 sexually violent person in the custody of the Department
823	823	14 of Human Services.
824	824	15 (h) Sentence. Unless otherwise provided, aggravated
825	825	16 battery is a Class 3 felony.
826	826	17 Aggravated battery as defined in subdivision (a)(4),
827	827	18 (d)(4), or (g)(3) is a Class 2 felony.
828	828	19 Aggravated battery as defined in subdivision (a)(3) or
829	829	20 (g)(1) is a Class 1 felony.
830	830	21 Aggravated battery as defined in subdivision (a)(1) is a
831	831	22 Class 1 felony when the aggravated battery was intentional and
832	832	23 involved the infliction of torture, as defined in paragraph
833	833	24 (10) of subsection (b-5) of Section 5-8-1 of the Unified Code
834	834	25 of Corrections, as the infliction of or subjection to extreme
835	835	26 physical pain, motivated by an intent to increase or prolong
836	836
837	837
838	838
839	839
840	840
841	841	HB5037 - 22 - LRB103 37909 RLC 68041 b
842	842
843	843
844	844	HB5037- 23 -LRB103 37909 RLC 68041 b HB5037 - 23 - LRB103 37909 RLC 68041 b
845	845	HB5037 - 23 - LRB103 37909 RLC 68041 b
846	846	1 the pain, suffering, or agony of the victim.
847	847	2 Aggravated battery as defined in subdivision (a)(1) is a
848	848	3 Class 2 felony when the person causes great bodily harm or
849	849	4 permanent disability to an individual whom the person knows to
850	850	5 be a member of a congregation engaged in prayer or other
851	851	6 religious activities at a church, synagogue, mosque, or other
852	852	7 building, structure, or place used for religious worship.
853	853	8 Aggravated battery under subdivision (a)(5) is a Class 1
854	854	9 felony if:
855	855	10 (A) the person used or attempted to use a dangerous
856	856	11 instrument while committing the offense;
857	857	12 (B) the person caused great bodily harm or permanent
858	858	13 disability or disfigurement to the other person while
859	859	14 committing the offense; or
860	860	15 (C) the person has been previously convicted of a
861	861	16 violation of subdivision (a)(5) under the laws of this
862	862	17 State or laws similar to subdivision (a)(5) of any other
863	863	18 state.
864	864	19 Aggravated battery as defined in subdivision (e)(1) is a
865	865	20 Class X felony.
866	866	21 Aggravated battery as defined in subdivision (a)(2) is a
867	867	22 Class X felony for which a person shall be sentenced to a term
868	868	23 of imprisonment of a minimum of 6 years and a maximum of 45
869	869	24 years.
870	870	25 Aggravated battery as defined in subdivision (e)(5) is a
871	871	26 Class X felony for which a person shall be sentenced to a term
872	872
873	873
874	874
875	875
876	876
877	877	HB5037 - 23 - LRB103 37909 RLC 68041 b
878	878
879	879
880	880	HB5037- 24 -LRB103 37909 RLC 68041 b HB5037 - 24 - LRB103 37909 RLC 68041 b
881	881	HB5037 - 24 - LRB103 37909 RLC 68041 b
882	882	1 of imprisonment of a minimum of 12 years and a maximum of 45
883	883	2 years.
884	884	3 Aggravated battery as defined in subdivision (e)(2),
885	885	4 (e)(3), or (e)(4) is a Class X felony for which a person shall
886	886	5 be sentenced to a term of imprisonment of a minimum of 15 years
887	887	6 and a maximum of 60 years.
888	888	7 Aggravated battery as defined in subdivision (e)(6),
889	889	8 (e)(7), or (e)(8) is a Class X felony for which a person shall
890	890	9 be sentenced to a term of imprisonment of a minimum of 20 years
891	891	10 and a maximum of 60 years.
892	892	11 Aggravated battery as defined in subdivision (b)(1) is a
893	893	12 Class X felony, except that:
894	894	13 (1) if the person committed the offense while
895	895	14 personally armed with a firearm, and while personally
896	896	15 displaying the firearm, up to 15 years may shall be added
897	897	16 to the term of imprisonment imposed by the court;
898	898	17 (2) if, during the commission of the offense, the
899	899	18 person personally discharged a firearm, up to 20 years may
900	900	19 shall be added to the term of imprisonment imposed by the
901	901	20 court;
902	902	21 (3) if, during the commission of the offense, the
903	903	22 person personally discharged a firearm that proximately
904	904	23 caused great bodily harm, permanent disability, permanent
905	905	24 disfigurement, or death to another person, up to 25 years
906	906	25 may or up to a term of natural life shall be added to the
907	907	26 term of imprisonment imposed by the court.
908	908
909	909
910	910
911	911
912	912
913	913	HB5037 - 24 - LRB103 37909 RLC 68041 b
914	914
915	915
916	916	HB5037- 25 -LRB103 37909 RLC 68041 b HB5037 - 25 - LRB103 37909 RLC 68041 b
917	917	HB5037 - 25 - LRB103 37909 RLC 68041 b
918	918	1 (i) Definitions. In this Section:
919	919	2 "Building or other structure used to provide shelter" has
920	920	3 the meaning ascribed to "shelter" in Section 1 of the Domestic
921	921	4 Violence Shelters Act.
922	922	5 "Domestic violence" has the meaning ascribed to it in
923	923	6 Section 103 of the Illinois Domestic Violence Act of 1986.
924	924	7 "Domestic violence shelter" means any building or other
925	925	8 structure used to provide shelter or other services to victims
926	926	9 or to the dependent children of victims of domestic violence
927	927	10 pursuant to the Illinois Domestic Violence Act of 1986 or the
928	928	11 Domestic Violence Shelters Act, or any place within 500 feet
929	929	12 of such a building or other structure in the case of a person
930	930	13 who is going to or from such a building or other structure.
931	931	14 "Firearm" has the meaning provided under Section 1.1 of
932	932	15 the Firearm Owners Identification Card Act, and does not
933	933	16 include an air rifle as defined by Section 24.8-0.1 of this
934	934	17 Code.
935	935	18 "Machine gun" has the meaning ascribed to it in Section
936	936	19 24-1 of this Code.
937	937	20 "Merchant" has the meaning ascribed to it in Section
938	938	21 16-0.1 of this Code.
939	939	22 "Strangle" means intentionally impeding the normal
940	940	23 breathing or circulation of the blood of an individual by
941	941	24 applying pressure on the throat or neck of that individual or
942	942	25 by blocking the nose or mouth of that individual.
943	943	26 (Source: P.A. 103-51, eff. 1-1-24.)
944	944
945	945
946	946
947	947
948	948
949	949	HB5037 - 25 - LRB103 37909 RLC 68041 b
950	950
951	951
952	952	HB5037- 26 -LRB103 37909 RLC 68041 b HB5037 - 26 - LRB103 37909 RLC 68041 b
953	953	HB5037 - 26 - LRB103 37909 RLC 68041 b
954	954	1 (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
955	955	2 Sec. 18-2. Armed robbery.
956	956	3 (a) A person commits armed robbery when he or she violates
957	957	4 Section 18-1; and
958	958	5 (1) he or she carries on or about his or her person or
959	959	6 is otherwise armed with a dangerous weapon other than a
960	960	7 firearm; or
961	961	8 (2) he or she carries on or about his or her person or
962	962	9 is otherwise armed with a firearm; or
963	963	10 (3) he or she, during the commission of the offense,
964	964	11 personally discharges a firearm; or
965	965	12 (4) he or she, during the commission of the offense,
966	966	13 personally discharges a firearm that proximately causes
967	967	14 great bodily harm, permanent disability, permanent
968	968	15 disfigurement, or death to another person.
969	969	16 (b) Sentence.
970	970	17 Armed robbery in violation of subsection (a)(1) is a Class
971	971	18 X felony. A violation of subsection (a)(2) is a Class X felony
972	972	19 for which up to 15 years may shall be added to the term of
973	973	20 imprisonment imposed by the court, if the person committed the
974	974	21 offense while personally armed with a firearm, and while
975	975	22 personally displaying the firearm. A violation of subsection
976	976	23 (a)(3) is a Class X felony for which up to 20 years may shall
977	977	24 be added to the term of imprisonment imposed by the court. A
978	978	25 violation of subsection (a)(4) is a Class X felony for which up
979	979
980	980
981	981
982	982
983	983
984	984	HB5037 - 26 - LRB103 37909 RLC 68041 b
985	985
986	986
987	987	HB5037- 27 -LRB103 37909 RLC 68041 b HB5037 - 27 - LRB103 37909 RLC 68041 b
988	988	HB5037 - 27 - LRB103 37909 RLC 68041 b
989	989	1 to 25 years may or up to a term of natural life shall be added
990	990	2 to the term of imprisonment imposed by the court.
991	991	3 (Source: P.A. 91-404, eff. 1-1-00.)
992	992	4 (720 ILCS 5/18-4)
993	993	5 Sec. 18-4. Aggravated vehicular hijacking.
994	994	6 (a) A person commits aggravated vehicular hijacking when
995	995	7 he or she violates Section 18-3; and
996	996	8 (1) the person from whose immediate presence the motor
997	997	9 vehicle is taken is a person with a physical disability or
998	998	10 a person 60 years of age or over; or
999	999	11 (2) a person under 16 years of age is a passenger in
1000	1000	12 the motor vehicle at the time of the offense; or
1001	1001	13 (3) he or she carries on or about his or her person, or
1002	1002	14 is otherwise armed with a dangerous weapon, other than a
1003	1003	15 firearm; or
1004	1004	16 (4) he or she carries on or about his or her person or
1005	1005	17 is otherwise armed with a firearm; or
1006	1006	18 (5) he or she, during the commission of the offense,
1007	1007	19 personally discharges a firearm; or
1008	1008	20 (6) he or she, during the commission of the offense,
1009	1009	21 personally discharges a firearm that proximately causes
1010	1010	22 great bodily harm, permanent disability, permanent
1011	1011	23 disfigurement, or death to another person.
1012	1012	24 (b) Sentence. Aggravated vehicular hijacking in violation
1013	1013	25 of subsections (a)(1) or (a)(2) is a Class X felony. A
1014	1014
1015	1015
1016	1016
1017	1017
1018	1018
1019	1019	HB5037 - 27 - LRB103 37909 RLC 68041 b
1020	1020
1021	1021
1022	1022	HB5037- 28 -LRB103 37909 RLC 68041 b HB5037 - 28 - LRB103 37909 RLC 68041 b
1023	1023	HB5037 - 28 - LRB103 37909 RLC 68041 b
1024	1024	1 violation of subsection (a)(3) is a Class X felony for which a
1025	1025	2 term of imprisonment of not less than 7 years shall be imposed.
1026	1026	3 A violation of subsection (a)(4) is a Class X felony for which
1027	1027	4 up to 15 years may shall be added to the term of imprisonment
1028	1028	5 imposed by the court, if the person committed the offense
1029	1029	6 while personally armed with a firearm, and while personally
1030	1030	7 displaying the firearm. A violation of subsection (a)(5) is a
1031	1031	8 Class X felony for which up to 20 years may shall be added to
1032	1032	9 the term of imprisonment imposed by the court. A violation of
1033	1033	10 subsection (a)(6) is a Class X felony for which up to 25 years
1034	1034	11 may or up to a term of natural life shall be added to the term
1035	1035	12 of imprisonment imposed by the court.
1036	1036	13 (Source: P.A. 99-143, eff. 7-27-15.)
1037	1037	14 (720 ILCS 5/19-6) (was 720 ILCS 5/12-11)
1038	1038	15 Sec. 19-6. Home Invasion.
1039	1039	16 (a) A person who is not a peace officer acting in the line
1040	1040	17 of duty commits home invasion when without authority he or she
1041	1041	18 knowingly enters the dwelling place of another when he or she
1042	1042	19 knows or has reason to know that one or more persons is present
1043	1043	20 or he or she knowingly enters the dwelling place of another and
1044	1044	21 remains in the dwelling place until he or she knows or has
1045	1045	22 reason to know that one or more persons is present or who
1046	1046	23 falsely represents himself or herself, including but not
1047	1047	24 limited to, falsely representing himself or herself to be a
1048	1048	25 representative of any unit of government or a construction,
1049	1049
1050	1050
1051	1051
1052	1052
1053	1053
1054	1054	HB5037 - 28 - LRB103 37909 RLC 68041 b
1055	1055
1056	1056
1057	1057	HB5037- 29 -LRB103 37909 RLC 68041 b HB5037 - 29 - LRB103 37909 RLC 68041 b
1058	1058	HB5037 - 29 - LRB103 37909 RLC 68041 b
1059	1059	1 telecommunications, or utility company, for the purpose of
1060	1060	2 gaining entry to the dwelling place of another when he or she
1061	1061	3 knows or has reason to know that one or more persons are
1062	1062	4 present and
1063	1063	5 (1) While armed with a dangerous weapon, other than a
1064	1064	6 firearm, uses force or threatens the imminent use of force
1065	1065	7 upon any person or persons within the dwelling place
1066	1066	8 whether or not injury occurs, or
1067	1067	9 (2) Intentionally causes any injury, except as
1068	1068	10 provided in subsection (a)(5), to any person or persons
1069	1069	11 within the dwelling place, or
1070	1070	12 (3) While armed with a firearm uses force or threatens
1071	1071	13 the imminent use of force upon any person or persons
1072	1072	14 within the dwelling place whether or not injury occurs, or
1073	1073	15 (4) Uses force or threatens the imminent use of force
1074	1074	16 upon any person or persons within the dwelling place
1075	1075	17 whether or not injury occurs and during the commission of
1076	1076	18 the offense personally discharges a firearm, or
1077	1077	19 (5) Personally discharges a firearm that proximately
1078	1078	20 causes great bodily harm, permanent disability, permanent
1079	1079	21 disfigurement, or death to another person within the
1080	1080	22 dwelling place, or
1081	1081	23 (6) Commits, against any person or persons within that
1082	1082	24 dwelling place, a violation of Section 11-1.20, 11-1.30,
1083	1083	25 11-1.40, 11-1.50, or 11-1.60 of this Code.
1084	1084	26 (b) It is an affirmative defense to a charge of home
1085	1085
1086	1086
1087	1087
1088	1088
1089	1089
1090	1090	HB5037 - 29 - LRB103 37909 RLC 68041 b
1091	1091
1092	1092
1093	1093	HB5037- 30 -LRB103 37909 RLC 68041 b HB5037 - 30 - LRB103 37909 RLC 68041 b
1094	1094	HB5037 - 30 - LRB103 37909 RLC 68041 b
1095	1095	1 invasion that the accused who knowingly enters the dwelling
1096	1096	2 place of another and remains in the dwelling place until he or
1097	1097	3 she knows or has reason to know that one or more persons is
1098	1098	4 present either immediately leaves the premises or surrenders
1099	1099	5 to the person or persons lawfully present therein without
1100	1100	6 either attempting to cause or causing serious bodily injury to
1101	1101	7 any person present therein.
1102	1102	8 (c) Sentence. Home invasion in violation of subsection
1103	1103	9 (a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of
1104	1104	10 subsection (a)(3) is a Class X felony for which up to 15 years
1105	1105	11 may shall be added to the term of imprisonment imposed by the
1106	1106	12 court. A violation of subsection (a)(4) is a Class X felony for
1107	1107	13 which 20 years shall be added to the term of imprisonment
1108	1108	14 imposed by the court, if the person committed the offense
1109	1109	15 while personally armed with a firearm, and while personally
1110	1110	16 displaying the firearm. A violation of subsection (a)(5) is a
1111	1111	17 Class X felony for which up to 25 years may or up to a term of
1112	1112	18 natural life shall be added to the term of imprisonment
1113	1113	19 imposed by the court.
1114	1114	20 (d) For purposes of this Section, "dwelling place of
1115	1115	21 another" includes a dwelling place where the defendant
1116	1116	22 maintains a tenancy interest but from which the defendant has
1117	1117	23 been barred by a divorce decree, judgment of dissolution of
1118	1118	24 marriage, order of protection, or other court order.
1119	1119	25 (Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11;
1120	1120	26 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
1121	1121
1122	1122
1123	1123
1124	1124
1125	1125
1126	1126	HB5037 - 30 - LRB103 37909 RLC 68041 b
1127	1127
1128	1128
1129	1129	HB5037- 31 -LRB103 37909 RLC 68041 b HB5037 - 31 - LRB103 37909 RLC 68041 b
1130	1130	HB5037 - 31 - LRB103 37909 RLC 68041 b
1131	1131	1 Section 10. The Unified Code of Corrections is amended by
1132	1132	2 changing Section 5-8-1 as follows:
1133	1133	3 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
1134	1134	4 Sec. 5-8-1. Natural life imprisonment; enhancements for
1135	1135	5 use of a firearm; mandatory supervised release terms.
1136	1136	6 (a) Except as otherwise provided in the statute defining
1137	1137	7 the offense or in Article 4.5 of Chapter V, a sentence of
1138	1138	8 imprisonment for a felony shall be a determinate sentence set
1139	1139	9 by the court under this Section, subject to Section 5-4.5-115
1140	1140	10 of this Code, according to the following limitations:
1141	1141	11 (1) for first degree murder,
1142	1142	12 (a) (blank),
1143	1143	13 (b) if a trier of fact finds beyond a reasonable
1144	1144	14 doubt that the murder was accompanied by exceptionally
1145	1145	15 brutal or heinous behavior indicative of wanton
1146	1146	16 cruelty or, except as set forth in subsection
1147	1147	17 (a)(1)(c) of this Section, that any of the aggravating
1148	1148	18 factors listed in subparagraph (b-5) are present, the
1149	1149	19 court may sentence the defendant, subject to Section
1150	1150	20 5-4.5-105, to a term of natural life imprisonment, or
1151	1151	21 (b-5) A defendant who at the time of the
1152	1152	22 commission of the offense has attained the age of 18 or
1153	1153	23 more and who has been found guilty of first degree
1154	1154	24 murder may be sentenced to a term of natural life
1155	1155
1156	1156
1157	1157
1158	1158
1159	1159
1160	1160	HB5037 - 31 - LRB103 37909 RLC 68041 b
1161	1161
1162	1162
1163	1163	HB5037- 32 -LRB103 37909 RLC 68041 b HB5037 - 32 - LRB103 37909 RLC 68041 b
1164	1164	HB5037 - 32 - LRB103 37909 RLC 68041 b
1165	1165	1 imprisonment if:
1166	1166	2 (1) the murdered individual was an inmate at
1167	1167	3 an institution or facility of the Department of
1168	1168	4 Corrections, or any similar local correctional
1169	1169	5 agency and was killed on the grounds thereof, or
1170	1170	6 the murdered individual was otherwise present in
1171	1171	7 such institution or facility with the knowledge
1172	1172	8 and approval of the chief administrative officer
1173	1173	9 thereof;
1174	1174	10 (2) the murdered individual was killed as a
1175	1175	11 result of the hijacking of an airplane, train,
1176	1176	12 ship, bus, or other public conveyance;
1177	1177	13 (3) the defendant committed the murder
1178	1178	14 pursuant to a contract, agreement, or
1179	1179	15 understanding by which he or she was to receive
1180	1180	16 money or anything of value in return for
1181	1181	17 committing the murder or procured another to
1182	1182	18 commit the murder for money or anything of value;
1183	1183	19 (4) the murdered individual was killed in the
1184	1184	20 course of another felony if:
1185	1185	21 (A) the murdered individual:
1186	1186	22 (i) was actually killed by the
1187	1187	23 defendant, or
1188	1188	24 (ii) received physical injuries
1189	1189	25 personally inflicted by the defendant
1190	1190	26 substantially contemporaneously with
1191	1191
1192	1192
1193	1193
1194	1194
1195	1195
1196	1196	HB5037 - 32 - LRB103 37909 RLC 68041 b
1197	1197
1198	1198
1199	1199	HB5037- 33 -LRB103 37909 RLC 68041 b HB5037 - 33 - LRB103 37909 RLC 68041 b
1200	1200	HB5037 - 33 - LRB103 37909 RLC 68041 b
1201	1201	1 physical injuries caused by one or more
1202	1202	2 persons for whose conduct the defendant is
1203	1203	3 legally accountable under Section 5-2 of
1204	1204	4 this Code, and the physical injuries
1205	1205	5 inflicted by either the defendant or the
1206	1206	6 other person or persons for whose conduct
1207	1207	7 he is legally accountable caused the death
1208	1208	8 of the murdered individual; and (B) in
1209	1209	9 performing the acts which caused the death
1210	1210	10 of the murdered individual or which
1211	1211	11 resulted in physical injuries personally
1212	1212	12 inflicted by the defendant on the murdered
1213	1213	13 individual under the circumstances of
1214	1214	14 subdivision (ii) of clause (A) of this
1215	1215	15 clause (4), the defendant acted with the
1216	1216	16 intent to kill the murdered individual or
1217	1217	17 with the knowledge that his or her acts
1218	1218	18 created a strong probability of death or
1219	1219	19 great bodily harm to the murdered
1220	1220	20 individual or another; and
1221	1221	21 (B) in performing the acts which caused
1222	1222	22 the death of the murdered individual or which
1223	1223	23 resulted in physical injuries personally
1224	1224	24 inflicted by the defendant on the murdered
1225	1225	25 individual under the circumstances of
1226	1226	26 subdivision (ii) of clause (A) of this clause
1227	1227
1228	1228
1229	1229
1230	1230
1231	1231
1232	1232	HB5037 - 33 - LRB103 37909 RLC 68041 b
1233	1233
1234	1234
1235	1235	HB5037- 34 -LRB103 37909 RLC 68041 b HB5037 - 34 - LRB103 37909 RLC 68041 b
1236	1236	HB5037 - 34 - LRB103 37909 RLC 68041 b
1237	1237	1 (4), the defendant acted with the intent to
1238	1238	2 kill the murdered individual or with the
1239	1239	3 knowledge that his or her acts created a
1240	1240	4 strong probability of death or great bodily
1241	1241	5 harm to the murdered individual or another;
1242	1242	6 and
1243	1243	7 (C) the other felony was an inherently
1244	1244	8 violent crime or the attempt to commit an
1245	1245	9 inherently violent crime. In this clause (C),
1246	1246	10 "inherently violent crime" includes, but is
1247	1247	11 not limited to, armed robbery, robbery,
1248	1248	12 predatory criminal sexual assault of a child,
1249	1249	13 aggravated criminal sexual assault, aggravated
1250	1250	14 kidnapping, aggravated vehicular hijacking,
1251	1251	15 aggravated arson, aggravated stalking,
1252	1252	16 residential burglary, and home invasion;
1253	1253	17 (5) the defendant committed the murder with
1254	1254	18 intent to prevent the murdered individual from
1255	1255	19 testifying or participating in any criminal
1256	1256	20 investigation or prosecution or giving material
1257	1257	21 assistance to the State in any investigation or
1258	1258	22 prosecution, either against the defendant or
1259	1259	23 another; or the defendant committed the murder
1260	1260	24 because the murdered individual was a witness in
1261	1261	25 any prosecution or gave material assistance to the
1262	1262	26 State in any investigation or prosecution, either
1263	1263
1264	1264
1265	1265
1266	1266
1267	1267
1268	1268	HB5037 - 34 - LRB103 37909 RLC 68041 b
1269	1269
1270	1270
1271	1271	HB5037- 35 -LRB103 37909 RLC 68041 b HB5037 - 35 - LRB103 37909 RLC 68041 b
1272	1272	HB5037 - 35 - LRB103 37909 RLC 68041 b
1273	1273	1 against the defendant or another; for purposes of
1274	1274	2 this clause (5), "participating in any criminal
1275	1275	3 investigation or prosecution" is intended to
1276	1276	4 include those appearing in the proceedings in any
1277	1277	5 capacity such as trial judges, prosecutors,
1278	1278	6 defense attorneys, investigators, witnesses, or
1279	1279	7 jurors;
1280	1280	8 (6) the defendant, while committing an offense
1281	1281	9 punishable under Section 401, 401.1, 401.2, 405,
1282	1282	10 405.2, 407 or 407.1 or subsection (b) of Section
1283	1283	11 404 of the Illinois Controlled Substances Act, or
1284	1284	12 while engaged in a conspiracy or solicitation to
1285	1285	13 commit such offense, intentionally killed an
1286	1286	14 individual or counseled, commanded, induced,
1287	1287	15 procured or caused the intentional killing of the
1288	1288	16 murdered individual;
1289	1289	17 (7) the defendant was incarcerated in an
1290	1290	18 institution or facility of the Department of
1291	1291	19 Corrections at the time of the murder, and while
1292	1292	20 committing an offense punishable as a felony under
1293	1293	21 Illinois law, or while engaged in a conspiracy or
1294	1294	22 solicitation to commit such offense, intentionally
1295	1295	23 killed an individual or counseled, commanded,
1296	1296	24 induced, procured or caused the intentional
1297	1297	25 killing of the murdered individual;
1298	1298	26 (8) the murder was committed in a cold,
1299	1299
1300	1300
1301	1301
1302	1302
1303	1303
1304	1304	HB5037 - 35 - LRB103 37909 RLC 68041 b
1305	1305
1306	1306
1307	1307	HB5037- 36 -LRB103 37909 RLC 68041 b HB5037 - 36 - LRB103 37909 RLC 68041 b
1308	1308	HB5037 - 36 - LRB103 37909 RLC 68041 b
1309	1309	1 calculated and premeditated manner pursuant to a
1310	1310	2 preconceived plan, scheme or design to take a
1311	1311	3 human life by unlawful means, and the conduct of
1312	1312	4 the defendant created a reasonable expectation
1313	1313	5 that the death of a human being would result
1314	1314	6 therefrom;
1315	1315	7 (9) the defendant was a principal
1316	1316	8 administrator, organizer, or leader of a
1317	1317	9 calculated criminal drug conspiracy consisting of
1318	1318	10 a hierarchical position of authority superior to
1319	1319	11 that of all other members of the conspiracy, and
1320	1320	12 the defendant counseled, commanded, induced,
1321	1321	13 procured, or caused the intentional killing of the
1322	1322	14 murdered person;
1323	1323	15 (10) the murder was intentional and involved
1324	1324	16 the infliction of torture. For the purpose of this
1325	1325	17 clause (10), torture means the infliction of or
1326	1326	18 subjection to extreme physical pain, motivated by
1327	1327	19 an intent to increase or prolong the pain,
1328	1328	20 suffering or agony of the victim;
1329	1329	21 (11) the murder was committed as a result of
1330	1330	22 the intentional discharge of a firearm by the
1331	1331	23 defendant from a motor vehicle and the victim was
1332	1332	24 not present within the motor vehicle;
1333	1333	25 (12) the murdered individual was a person with
1334	1334	26 a disability and the defendant knew or should have
1335	1335
1336	1336
1337	1337
1338	1338
1339	1339
1340	1340	HB5037 - 36 - LRB103 37909 RLC 68041 b
1341	1341
1342	1342
1343	1343	HB5037- 37 -LRB103 37909 RLC 68041 b HB5037 - 37 - LRB103 37909 RLC 68041 b
1344	1344	HB5037 - 37 - LRB103 37909 RLC 68041 b
1345	1345	1 known that the murdered individual was a person
1346	1346	2 with a disability. For purposes of this clause
1347	1347	3 (12), "person with a disability" means a person
1348	1348	4 who suffers from a permanent physical or mental
1349	1349	5 impairment resulting from disease, an injury, a
1350	1350	6 functional disorder, or a congenital condition
1351	1351	7 that renders the person incapable of adequately
1352	1352	8 providing for his or her own health or personal
1353	1353	9 care;
1354	1354	10 (13) the murdered individual was subject to an
1355	1355	11 order of protection and the murder was committed
1356	1356	12 by a person against whom the same order of
1357	1357	13 protection was issued under the Illinois Domestic
1358	1358	14 Violence Act of 1986;
1359	1359	15 (14) the murdered individual was known by the
1360	1360	16 defendant to be a teacher or other person employed
1361	1361	17 in any school and the teacher or other employee is
1362	1362	18 upon the grounds of a school or grounds adjacent
1363	1363	19 to a school, or is in any part of a building used
1364	1364	20 for school purposes;
1365	1365	21 (15) the murder was committed by the defendant
1366	1366	22 in connection with or as a result of the offense of
1367	1367	23 terrorism as defined in Section 29D-14.9 of this
1368	1368	24 Code;
1369	1369	25 (16) the murdered individual was a member of a
1370	1370	26 congregation engaged in prayer or other religious
1371	1371
1372	1372
1373	1373
1374	1374
1375	1375
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1377	1377
1378	1378
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1380	1380	HB5037 - 38 - LRB103 37909 RLC 68041 b
1381	1381	1 activities at a church, synagogue, mosque, or
1382	1382	2 other building, structure, or place used for
1383	1383	3 religious worship; or
1384	1384	4 (17)(i) the murdered individual was a
1385	1385	5 physician, physician assistant, psychologist,
1386	1386	6 nurse, or advanced practice registered nurse;
1387	1387	7 (ii) the defendant knew or should have known
1388	1388	8 that the murdered individual was a physician,
1389	1389	9 physician assistant, psychologist, nurse, or
1390	1390	10 advanced practice registered nurse; and
1391	1391	11 (iii) the murdered individual was killed in
1392	1392	12 the course of acting in his or her capacity as a
1393	1393	13 physician, physician assistant, psychologist,
1394	1394	14 nurse, or advanced practice registered nurse, or
1395	1395	15 to prevent him or her from acting in that
1396	1396	16 capacity, or in retaliation for his or her acting
1397	1397	17 in that capacity.
1398	1398	18 (c) the court shall sentence the defendant to a
1399	1399	19 term of natural life imprisonment if the defendant, at
1400	1400	20 the time of the commission of the murder, had attained
1401	1401	21 the age of 18, and:
1402	1402	22 (i) has previously been convicted of first
1403	1403	23 degree murder under any state or federal law, or
1404	1404	24 (ii) is found guilty of murdering more than
1405	1405	25 one victim, or
1406	1406	26 (iii) is found guilty of murdering a peace
1407	1407
1408	1408
1409	1409
1410	1410
1411	1411
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1413	1413
1414	1414
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1416	1416	HB5037 - 39 - LRB103 37909 RLC 68041 b
1417	1417	1 officer, fireman, or emergency management worker
1418	1418	2 when the peace officer, fireman, or emergency
1419	1419	3 management worker was killed in the course of
1420	1420	4 performing his official duties, or to prevent the
1421	1421	5 peace officer or fireman from performing his
1422	1422	6 official duties, or in retaliation for the peace
1423	1423	7 officer, fireman, or emergency management worker
1424	1424	8 from performing his official duties, and the
1425	1425	9 defendant knew or should have known that the
1426	1426	10 murdered individual was a peace officer, fireman,
1427	1427	11 or emergency management worker, or
1428	1428	12 (iv) is found guilty of murdering an employee
1429	1429	13 of an institution or facility of the Department of
1430	1430	14 Corrections, or any similar local correctional
1431	1431	15 agency, when the employee was killed in the course
1432	1432	16 of performing his official duties, or to prevent
1433	1433	17 the employee from performing his official duties,
1434	1434	18 or in retaliation for the employee performing his
1435	1435	19 official duties, or
1436	1436	20 (v) is found guilty of murdering an emergency
1437	1437	21 medical technician - ambulance, emergency medical
1438	1438	22 technician - intermediate, emergency medical
1439	1439	23 technician - paramedic, ambulance driver or other
1440	1440	24 medical assistance or first aid person while
1441	1441	25 employed by a municipality or other governmental
1442	1442	26 unit when the person was killed in the course of
1443	1443
1444	1444
1445	1445
1446	1446
1447	1447
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1449	1449
1450	1450
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1452	1452	HB5037 - 40 - LRB103 37909 RLC 68041 b
1453	1453	1 performing official duties or to prevent the
1454	1454	2 person from performing official duties or in
1455	1455	3 retaliation for performing official duties and the
1456	1456	4 defendant knew or should have known that the
1457	1457	5 murdered individual was an emergency medical
1458	1458	6 technician - ambulance, emergency medical
1459	1459	7 technician - intermediate, emergency medical
1460	1460	8 technician - paramedic, ambulance driver, or other
1461	1461	9 medical assistant or first aid personnel, or
1462	1462	10 (vi) (blank), or
1463	1463	11 (vii) is found guilty of first degree murder
1464	1464	12 and the murder was committed by reason of any
1465	1465	13 person's activity as a community policing
1466	1466	14 volunteer or to prevent any person from engaging
1467	1467	15 in activity as a community policing volunteer. For
1468	1468	16 the purpose of this Section, "community policing
1469	1469	17 volunteer" has the meaning ascribed to it in
1470	1470	18 Section 2-3.5 of the Criminal Code of 2012.
1471	1471	19 For purposes of clause (v), "emergency medical
1472	1472	20 technician - ambulance", "emergency medical technician -
1473	1473	21 intermediate", "emergency medical technician -
1474	1474	22 paramedic", have the meanings ascribed to them in the
1475	1475	23 Emergency Medical Services (EMS) Systems Act.
1476	1476	24 (d)(i) if the person committed the offense while
1477	1477	25 personally armed with a firearm, and while
1478	1478	26 personally displaying the firearm, up to 15 years
1479	1479
1480	1480
1481	1481
1482	1482
1483	1483
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1485	1485
1486	1486
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1488	1488	HB5037 - 41 - LRB103 37909 RLC 68041 b
1489	1489	1 may shall be added to the term of imprisonment
1490	1490	2 imposed by the court;
1491	1491	3 (ii) if, during the commission of the offense, the
1492	1492	4 person personally discharged a firearm, up to 20 years
1493	1493	5 may shall be added to the term of imprisonment imposed
1494	1494	6 by the court;
1495	1495	7 (iii) if, during the commission of the offense,
1496	1496	8 the person personally discharged a firearm that
1497	1497	9 proximately caused great bodily harm, permanent
1498	1498	10 disability, permanent disfigurement, or death to
1499	1499	11 another person, up to 25 years may or up to a term of
1500	1500	12 natural life shall be added to the term of
1501	1501	13 imprisonment imposed by the court.
1502	1502	14 (2) (blank);
1503	1503	15 (2.5) for a person who has attained the age of 18 years
1504	1504	16 at the time of the commission of the offense and who is
1505	1505	17 convicted under the circumstances described in subdivision
1506	1506	18 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
1507	1507	19 subsection (b) of Section 12-13, subdivision (d)(2) of
1508	1508	20 Section 11-1.30 or paragraph (2) of subsection (d) of
1509	1509	21 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
1510	1510	22 paragraph (1.2) of subsection (b) of Section 12-14.1,
1511	1511	23 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
1512	1512	24 subsection (b) of Section 12-14.1 of the Criminal Code of
1513	1513	25 1961 or the Criminal Code of 2012, the sentence shall be a
1514	1514	26 term of natural life imprisonment.
1515	1515
1516	1516
1517	1517
1518	1518
1519	1519
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1521	1521
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1525	1525	1 (b) (Blank).
1526	1526	2 (c) (Blank).
1527	1527	3 (d) Subject to earlier termination under Section 3-3-8,
1528	1528	4 the parole or mandatory supervised release term shall be
1529	1529	5 written as part of the sentencing order and shall be as
1530	1530	6 follows:
1531	1531	7 (1) for first degree murder or for the offenses of
1532	1532	8 predatory criminal sexual assault of a child, aggravated
1533	1533	9 criminal sexual assault, and criminal sexual assault if
1534	1534	10 committed on or before December 12, 2005, 3 years;
1535	1535	11 (1.5) except as provided in paragraph (7) of this
1536	1536	12 subsection (d), for a Class X felony except for the
1537	1537	13 offenses of predatory criminal sexual assault of a child,
1538	1538	14 aggravated criminal sexual assault, and criminal sexual
1539	1539	15 assault if committed on or after December 13, 2005 (the
1540	1540	16 effective date of Public Act 94-715) and except for the
1541	1541	17 offense of aggravated child pornography under Section
1542	1542	18 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
1543	1543	19 subsection (c-5) of Section 11-20.1 of the Criminal Code
1544	1544	20 of 1961 or the Criminal Code of 2012, if committed on or
1545	1545	21 after January 1, 2009, 18 months;
1546	1546	22 (2) except as provided in paragraph (7) of this
1547	1547	23 subsection (d), for a Class 1 felony or a Class 2 felony
1548	1548	24 except for the offense of criminal sexual assault if
1549	1549	25 committed on or after December 13, 2005 (the effective
1550	1550	26 date of Public Act 94-715) and except for the offenses of
1551	1551
1552	1552
1553	1553
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1557	1557
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1561	1561	1 manufacture and dissemination of child pornography under
1562	1562	2 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
1563	1563	3 Criminal Code of 1961 or the Criminal Code of 2012, if
1564	1564	4 committed on or after January 1, 2009, 12 months;
1565	1565	5 (3) except as provided in paragraph (4), (6), or (7)
1566	1566	6 of this subsection (d), for a Class 3 felony or a Class 4
1567	1567	7 felony, 6 months; no later than 45 days after the onset of
1568	1568	8 the term of mandatory supervised release, the Prisoner
1569	1569	9 Review Board shall conduct a discretionary discharge
1570	1570	10 review pursuant to the provisions of Section 3-3-8, which
1571	1571	11 shall include the results of a standardized risk and needs
1572	1572	12 assessment tool administered by the Department of
1573	1573	13 Corrections; the changes to this paragraph (3) made by
1574	1574	14 this amendatory Act of the 102nd General Assembly apply to
1575	1575	15 all individuals released on mandatory supervised release
1576	1576	16 on or after the effective date of this amendatory Act of
1577	1577	17 the 102nd General Assembly, including those individuals
1578	1578	18 whose sentences were imposed prior to the effective date
1579	1579	19 of this amendatory Act of the 102nd General Assembly;
1580	1580	20 (4) for defendants who commit the offense of predatory
1581	1581	21 criminal sexual assault of a child, aggravated criminal
1582	1582	22 sexual assault, or criminal sexual assault, on or after
1583	1583	23 December 13, 2005 (the effective date of Public Act
1584	1584	24 94-715), or who commit the offense of aggravated child
1585	1585	25 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
1586	1586	26 with sentencing under subsection (c-5) of Section 11-20.1
1587	1587
1588	1588
1589	1589
1590	1590
1591	1591
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1593	1593
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1597	1597	1 of the Criminal Code of 1961 or the Criminal Code of 2012,
1598	1598	2 manufacture of child pornography, or dissemination of
1599	1599	3 child pornography after January 1, 2009, the term of
1600	1600	4 mandatory supervised release shall range from a minimum of
1601	1601	5 3 years to a maximum of the natural life of the defendant;
1602	1602	6 (5) if the victim is under 18 years of age, for a
1603	1603	7 second or subsequent offense of aggravated criminal sexual
1604	1604	8 abuse or felony criminal sexual abuse, 4 years, at least
1605	1605	9 the first 2 years of which the defendant shall serve in an
1606	1606	10 electronic monitoring or home detention program under
1607	1607	11 Article 8A of Chapter V of this Code;
1608	1608	12 (6) for a felony domestic battery, aggravated domestic
1609	1609	13 battery, stalking, aggravated stalking, and a felony
1610	1610	14 violation of an order of protection, 4 years;
1611	1611	15 (7) for any felony described in paragraph (a)(2)(ii),
1612	1612	16 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
1613	1613	17 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
1614	1614	18 3-6-3 of the Unified Code of Corrections requiring an
1615	1615	19 inmate to serve a minimum of 85% of their court-imposed
1616	1616	20 sentence, except for the offenses of predatory criminal
1617	1617	21 sexual assault of a child, aggravated criminal sexual
1618	1618	22 assault, and criminal sexual assault if committed on or
1619	1619	23 after December 13, 2005 (the effective date of Public Act
1620	1620	24 94-715) and except for the offense of aggravated child
1621	1621	25 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
1622	1622	26 with sentencing under subsection (c-5) of Section 11-20.1
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