Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2585 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 SB2585 Introduced 5/19/2023, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED: 720 ILCS 5/9-1 from Ch. 38, par. 9-1 720 ILCS 5/12-2 from Ch. 38, par. 12-2 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Amends the Criminal Code of 2012. For purposes of Code provisions that make it a crime or an aggravating factor to commit an offense against police officers while they are performing their official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty. Amends the Unified Code of Corrections. For purposes of a Code provision that establishes a sentence enhancement for the murder of a peace officer in the course of performing his or her official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty. LRB103 32533 JDS 62107 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2585 Introduced 5/19/2023, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED: 720 ILCS 5/9-1 from Ch. 38, par. 9-1 720 ILCS 5/12-2 from Ch. 38, par. 12-2 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/9-1 from Ch. 38, par. 9-1 720 ILCS 5/12-2 from Ch. 38, par. 12-2 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Amends the Criminal Code of 2012. For purposes of Code provisions that make it a crime or an aggravating factor to commit an offense against police officers while they are performing their official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty. Amends the Unified Code of Corrections. For purposes of a Code provision that establishes a sentence enhancement for the murder of a peace officer in the course of performing his or her official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty. LRB103 32533 JDS 62107 b LRB103 32533 JDS 62107 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2585 Introduced 5/19/2023, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/9-1 from Ch. 38, par. 9-1 720 ILCS 5/12-2 from Ch. 38, par. 12-2 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/9-1 from Ch. 38, par. 9-1 720 ILCS 5/12-2 from Ch. 38, par. 12-2 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
4	4	720 ILCS 5/9-1 from Ch. 38, par. 9-1
5	5	720 ILCS 5/12-2 from Ch. 38, par. 12-2
6	6	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
7	7	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
8	8	Amends the Criminal Code of 2012. For purposes of Code provisions that make it a crime or an aggravating factor to commit an offense against police officers while they are performing their official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty. Amends the Unified Code of Corrections. For purposes of a Code provision that establishes a sentence enhancement for the murder of a peace officer in the course of performing his or her official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty.
9	9	LRB103 32533 JDS 62107 b LRB103 32533 JDS 62107 b
10	10	LRB103 32533 JDS 62107 b
11	11	A BILL FOR
12	12	SB2585LRB103 32533 JDS 62107 b SB2585 LRB103 32533 JDS 62107 b
13	13	SB2585 LRB103 32533 JDS 62107 b
14	14	1 AN ACT concerning criminal law.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Criminal Code of 2012 is amended by
18	18	5 changing Sections 9-1, 12-2, and 12-3.05 as follows:
19	19	6 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
20	20	7 Sec. 9-1. First degree murder; death penalties;
21	21	8 exceptions; separate hearings; proof; findings; appellate
22	22	9 procedures; reversals.
23	23	10 (a) A person who kills an individual without lawful
24	24	11 justification commits first degree murder if, in performing
25	25	12 the acts which cause the death:
26	26	13 (1) he or she either intends to kill or do great bodily
27	27	14 harm to that individual or another, or knows that such
28	28	15 acts will cause death to that individual or another; or
29	29	16 (2) he or she knows that such acts create a strong
30	30	17 probability of death or great bodily harm to that
31	31	18 individual or another; or
32	32	19 (3) he or she, acting alone or with one or more
33	33	20 participants, commits or attempts to commit a forcible
34	34	21 felony other than second degree murder, and in the course
35	35	22 of or in furtherance of such crime or flight therefrom, he
36	36	23 or she or another participant causes the death of a
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2585 Introduced 5/19/2023, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED:
41	41	720 ILCS 5/9-1 from Ch. 38, par. 9-1 720 ILCS 5/12-2 from Ch. 38, par. 12-2 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/9-1 from Ch. 38, par. 9-1 720 ILCS 5/12-2 from Ch. 38, par. 12-2 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
42	42	720 ILCS 5/9-1 from Ch. 38, par. 9-1
43	43	720 ILCS 5/12-2 from Ch. 38, par. 12-2
44	44	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
45	45	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
46	46	Amends the Criminal Code of 2012. For purposes of Code provisions that make it a crime or an aggravating factor to commit an offense against police officers while they are performing their official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty. Amends the Unified Code of Corrections. For purposes of a Code provision that establishes a sentence enhancement for the murder of a peace officer in the course of performing his or her official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty.
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49	49	A BILL FOR
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55	55	720 ILCS 5/9-1 from Ch. 38, par. 9-1
56	56	720 ILCS 5/12-2 from Ch. 38, par. 12-2
57	57	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
58	58	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
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77	77	1 person.
78	78	2 (b) Aggravating Factors. A defendant who at the time of
79	79	3 the commission of the offense has attained the age of 18 or
80	80	4 more and who has been found guilty of first degree murder may
81	81	5 be sentenced to death if:
82	82	6 (1) the murdered individual was a peace officer or
83	83	7 fireman killed in the course of performing his or her
84	84	8 official duties, including, without limitation, traveling
85	85	9 to or from his or her place of duty, to prevent the
86	86	10 performance of his or her official duties, or in
87	87	11 retaliation for performing his or her official duties, and
88	88	12 the defendant knew or should have known that the murdered
89	89	13 individual was a peace officer or fireman; or
90	90	14 (2) the murdered individual was an employee of an
91	91	15 institution or facility of the Department of Corrections,
92	92	16 or any similar local correctional agency, killed in the
93	93	17 course of performing his or her official duties, to
94	94	18 prevent the performance of his or her official duties, or
95	95	19 in retaliation for performing his or her official duties,
96	96	20 or the murdered individual was an inmate at such
97	97	21 institution or facility and was killed on the grounds
98	98	22 thereof, or the murdered individual was otherwise present
99	99	23 in such institution or facility with the knowledge and
100	100	24 approval of the chief administrative officer thereof; or
101	101	25 (3) the defendant has been convicted of murdering two
102	102	26 or more individuals under subsection (a) of this Section
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113	113	1 or under any law of the United States or of any state which
114	114	2 is substantially similar to subsection (a) of this Section
115	115	3 regardless of whether the deaths occurred as the result of
116	116	4 the same act or of several related or unrelated acts so
117	117	5 long as the deaths were the result of either an intent to
118	118	6 kill more than one person or of separate acts which the
119	119	7 defendant knew would cause death or create a strong
120	120	8 probability of death or great bodily harm to the murdered
121	121	9 individual or another; or
122	122	10 (4) the murdered individual was killed as a result of
123	123	11 the hijacking of an airplane, train, ship, bus, or other
124	124	12 public conveyance; or
125	125	13 (5) the defendant committed the murder pursuant to a
126	126	14 contract, agreement, or understanding by which he or she
127	127	15 was to receive money or anything of value in return for
128	128	16 committing the murder or procured another to commit the
129	129	17 murder for money or anything of value; or
130	130	18 (6) the murdered individual was killed in the course
131	131	19 of another felony if:
132	132	20 (a) the murdered individual:
133	133	21 (i) was actually killed by the defendant, or
134	134	22 (ii) received physical injuries personally
135	135	23 inflicted by the defendant substantially
136	136	24 contemporaneously with physical injuries caused by
137	137	25 one or more persons for whose conduct the
138	138	26 defendant is legally accountable under Section 5-2
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149	149	1 of this Code, and the physical injuries inflicted
150	150	2 by either the defendant or the other person or
151	151	3 persons for whose conduct he is legally
152	152	4 accountable caused the death of the murdered
153	153	5 individual; and
154	154	6 (b) in performing the acts which caused the death
155	155	7 of the murdered individual or which resulted in
156	156	8 physical injuries personally inflicted by the
157	157	9 defendant on the murdered individual under the
158	158	10 circumstances of subdivision (ii) of subparagraph (a)
159	159	11 of paragraph (6) of subsection (b) of this Section,
160	160	12 the defendant acted with the intent to kill the
161	161	13 murdered individual or with the knowledge that his
162	162	14 acts created a strong probability of death or great
163	163	15 bodily harm to the murdered individual or another; and
164	164	16 (c) the other felony was an inherently violent
165	165	17 crime or the attempt to commit an inherently violent
166	166	18 crime. In this subparagraph (c), "inherently violent
167	167	19 crime" includes, but is not limited to, armed robbery,
168	168	20 robbery, predatory criminal sexual assault of a child,
169	169	21 aggravated criminal sexual assault, aggravated
170	170	22 kidnapping, aggravated vehicular hijacking, aggravated
171	171	23 arson, aggravated stalking, residential burglary, and
172	172	24 home invasion; or
173	173	25 (7) the murdered individual was under 12 years of age
174	174	26 and the death resulted from exceptionally brutal or
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185	185	1 heinous behavior indicative of wanton cruelty; or
186	186	2 (8) the defendant committed the murder with intent to
187	187	3 prevent the murdered individual from testifying or
188	188	4 participating in any criminal investigation or prosecution
189	189	5 or giving material assistance to the State in any
190	190	6 investigation or prosecution, either against the defendant
191	191	7 or another; or the defendant committed the murder because
192	192	8 the murdered individual was a witness in any prosecution
193	193	9 or gave material assistance to the State in any
194	194	10 investigation or prosecution, either against the defendant
195	195	11 or another; for purposes of this paragraph (8),
196	196	12 "participating in any criminal investigation or
197	197	13 prosecution" is intended to include those appearing in the
198	198	14 proceedings in any capacity such as trial judges,
199	199	15 prosecutors, defense attorneys, investigators, witnesses,
200	200	16 or jurors; or
201	201	17 (9) the defendant, while committing an offense
202	202	18 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
203	203	19 407 or 407.1 or subsection (b) of Section 404 of the
204	204	20 Illinois Controlled Substances Act, or while engaged in a
205	205	21 conspiracy or solicitation to commit such offense,
206	206	22 intentionally killed an individual or counseled,
207	207	23 commanded, induced, procured or caused the intentional
208	208	24 killing of the murdered individual; or
209	209	25 (10) the defendant was incarcerated in an institution
210	210	26 or facility of the Department of Corrections at the time
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221	221	1 of the murder, and while committing an offense punishable
222	222	2 as a felony under Illinois law, or while engaged in a
223	223	3 conspiracy or solicitation to commit such offense,
224	224	4 intentionally killed an individual or counseled,
225	225	5 commanded, induced, procured or caused the intentional
226	226	6 killing of the murdered individual; or
227	227	7 (11) the murder was committed in a cold, calculated
228	228	8 and premeditated manner pursuant to a preconceived plan,
229	229	9 scheme or design to take a human life by unlawful means,
230	230	10 and the conduct of the defendant created a reasonable
231	231	11 expectation that the death of a human being would result
232	232	12 therefrom; or
233	233	13 (12) the murdered individual was an emergency medical
234	234	14 technician - ambulance, emergency medical technician -
235	235	15 intermediate, emergency medical technician - paramedic,
236	236	16 ambulance driver, or other medical assistance or first aid
237	237	17 personnel, employed by a municipality or other
238	238	18 governmental unit, killed in the course of performing his
239	239	19 official duties, to prevent the performance of his
240	240	20 official duties, or in retaliation for performing his
241	241	21 official duties, and the defendant knew or should have
242	242	22 known that the murdered individual was an emergency
243	243	23 medical technician - ambulance, emergency medical
244	244	24 technician - intermediate, emergency medical technician -
245	245	25 paramedic, ambulance driver, or other medical assistance
246	246	26 or first aid personnel; or
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257	257	1 (13) the defendant was a principal administrator,
258	258	2 organizer, or leader of a calculated criminal drug
259	259	3 conspiracy consisting of a hierarchical position of
260	260	4 authority superior to that of all other members of the
261	261	5 conspiracy, and the defendant counseled, commanded,
262	262	6 induced, procured, or caused the intentional killing of
263	263	7 the murdered person; or
264	264	8 (14) the murder was intentional and involved the
265	265	9 infliction of torture. For the purpose of this Section
266	266	10 torture means the infliction of or subjection to extreme
267	267	11 physical pain, motivated by an intent to increase or
268	268	12 prolong the pain, suffering or agony of the victim; or
269	269	13 (15) the murder was committed as a result of the
270	270	14 intentional discharge of a firearm by the defendant from a
271	271	15 motor vehicle and the victim was not present within the
272	272	16 motor vehicle; or
273	273	17 (16) the murdered individual was 60 years of age or
274	274	18 older and the death resulted from exceptionally brutal or
275	275	19 heinous behavior indicative of wanton cruelty; or
276	276	20 (17) the murdered individual was a person with a
277	277	21 disability and the defendant knew or should have known
278	278	22 that the murdered individual was a person with a
279	279	23 disability. For purposes of this paragraph (17), "person
280	280	24 with a disability" means a person who suffers from a
281	281	25 permanent physical or mental impairment resulting from
282	282	26 disease, an injury, a functional disorder, or a congenital
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293	293	1 condition that renders the person incapable of adequately
294	294	2 providing for his or her own health or personal care; or
295	295	3 (18) the murder was committed by reason of any
296	296	4 person's activity as a community policing volunteer or to
297	297	5 prevent any person from engaging in activity as a
298	298	6 community policing volunteer; or
299	299	7 (19) the murdered individual was subject to an order
300	300	8 of protection and the murder was committed by a person
301	301	9 against whom the same order of protection was issued under
302	302	10 the Illinois Domestic Violence Act of 1986; or
303	303	11 (20) the murdered individual was known by the
304	304	12 defendant to be a teacher or other person employed in any
305	305	13 school and the teacher or other employee is upon the
306	306	14 grounds of a school or grounds adjacent to a school, or is
307	307	15 in any part of a building used for school purposes; or
308	308	16 (21) the murder was committed by the defendant in
309	309	17 connection with or as a result of the offense of terrorism
310	310	18 as defined in Section 29D-14.9 of this Code; or
311	311	19 (22) the murdered individual was a member of a
312	312	20 congregation engaged in prayer or other religious
313	313	21 activities at a church, synagogue, mosque, or other
314	314	22 building, structure, or place used for religious worship.
315	315	23 (b-5) Aggravating Factor; Natural Life Imprisonment. A
316	316	24 defendant who has been found guilty of first degree murder and
317	317	25 who at the time of the commission of the offense had attained
318	318	26 the age of 18 years or more may be sentenced to natural life
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329	329	1 imprisonment if (i) the murdered individual was a physician,
330	330	2 physician assistant, psychologist, nurse, or advanced practice
331	331	3 registered nurse, (ii) the defendant knew or should have known
332	332	4 that the murdered individual was a physician, physician
333	333	5 assistant, psychologist, nurse, or advanced practice
334	334	6 registered nurse, and (iii) the murdered individual was killed
335	335	7 in the course of acting in his or her capacity as a physician,
336	336	8 physician assistant, psychologist, nurse, or advanced practice
337	337	9 registered nurse, or to prevent him or her from acting in that
338	338	10 capacity, or in retaliation for his or her acting in that
339	339	11 capacity.
340	340	12 (c) Consideration of factors in Aggravation and
341	341	13 Mitigation.
342	342	14 The court shall consider, or shall instruct the jury to
343	343	15 consider any aggravating and any mitigating factors which are
344	344	16 relevant to the imposition of the death penalty. Aggravating
345	345	17 factors may include but need not be limited to those factors
346	346	18 set forth in subsection (b). Mitigating factors may include
347	347	19 but need not be limited to the following:
348	348	20 (1) the defendant has no significant history of prior
349	349	21 criminal activity;
350	350	22 (2) the murder was committed while the defendant was
351	351	23 under the influence of extreme mental or emotional
352	352	24 disturbance, although not such as to constitute a defense
353	353	25 to prosecution;
354	354	26 (3) the murdered individual was a participant in the
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365	365	1 defendant's homicidal conduct or consented to the
366	366	2 homicidal act;
367	367	3 (4) the defendant acted under the compulsion of threat
368	368	4 or menace of the imminent infliction of death or great
369	369	5 bodily harm;
370	370	6 (5) the defendant was not personally present during
371	371	7 commission of the act or acts causing death;
372	372	8 (6) the defendant's background includes a history of
373	373	9 extreme emotional or physical abuse;
374	374	10 (7) the defendant suffers from a reduced mental
375	375	11 capacity.
376	376	12 Provided, however, that an action that does not otherwise
377	377	13 mitigate first degree murder cannot qualify as a mitigating
378	378	14 factor for first degree murder because of the discovery,
379	379	15 knowledge, or disclosure of the victim's sexual orientation as
380	380	16 defined in Section 1-103 of the Illinois Human Rights Act.
381	381	17 (d) Separate sentencing hearing.
382	382	18 Where requested by the State, the court shall conduct a
383	383	19 separate sentencing proceeding to determine the existence of
384	384	20 factors set forth in subsection (b) and to consider any
385	385	21 aggravating or mitigating factors as indicated in subsection
386	386	22 (c). The proceeding shall be conducted:
387	387	23 (1) before the jury that determined the defendant's
388	388	24 guilt; or
389	389	25 (2) before a jury impanelled for the purpose of the
390	390	26 proceeding if:
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401	401	1 A. the defendant was convicted upon a plea of
402	402	2 guilty; or
403	403	3 B. the defendant was convicted after a trial
404	404	4 before the court sitting without a jury; or
405	405	5 C. the court for good cause shown discharges the
406	406	6 jury that determined the defendant's guilt; or
407	407	7 (3) before the court alone if the defendant waives a
408	408	8 jury for the separate proceeding.
409	409	9 (e) Evidence and Argument.
410	410	10 During the proceeding any information relevant to any of
411	411	11 the factors set forth in subsection (b) may be presented by
412	412	12 either the State or the defendant under the rules governing
413	413	13 the admission of evidence at criminal trials. Any information
414	414	14 relevant to any additional aggravating factors or any
415	415	15 mitigating factors indicated in subsection (c) may be
416	416	16 presented by the State or defendant regardless of its
417	417	17 admissibility under the rules governing the admission of
418	418	18 evidence at criminal trials. The State and the defendant shall
419	419	19 be given fair opportunity to rebut any information received at
420	420	20 the hearing.
421	421	21 (f) Proof.
422	422	22 The burden of proof of establishing the existence of any
423	423	23 of the factors set forth in subsection (b) is on the State and
424	424	24 shall not be satisfied unless established beyond a reasonable
425	425	25 doubt.
426	426	26 (g) Procedure - Jury.
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437	437	1 If at the separate sentencing proceeding the jury finds
438	438	2 that none of the factors set forth in subsection (b) exists,
439	439	3 the court shall sentence the defendant to a term of
440	440	4 imprisonment under Chapter V of the Unified Code of
441	441	5 Corrections. If there is a unanimous finding by the jury that
442	442	6 one or more of the factors set forth in subsection (b) exist,
443	443	7 the jury shall consider aggravating and mitigating factors as
444	444	8 instructed by the court and shall determine whether the
445	445	9 sentence of death shall be imposed. If the jury determines
446	446	10 unanimously, after weighing the factors in aggravation and
447	447	11 mitigation, that death is the appropriate sentence, the court
448	448	12 shall sentence the defendant to death. If the court does not
449	449	13 concur with the jury determination that death is the
450	450	14 appropriate sentence, the court shall set forth reasons in
451	451	15 writing including what facts or circumstances the court relied
452	452	16 upon, along with any relevant documents, that compelled the
453	453	17 court to non-concur with the sentence. This document and any
454	454	18 attachments shall be part of the record for appellate review.
455	455	19 The court shall be bound by the jury's sentencing
456	456	20 determination.
457	457	21 If after weighing the factors in aggravation and
458	458	22 mitigation, one or more jurors determines that death is not
459	459	23 the appropriate sentence, the court shall sentence the
460	460	24 defendant to a term of imprisonment under Chapter V of the
461	461	25 Unified Code of Corrections.
462	462	26 (h) Procedure - No Jury.
463	463
464	464
465	465
466	466
467	467
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469	469
470	470
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472	472	SB2585 - 13 - LRB103 32533 JDS 62107 b
473	473	1 In a proceeding before the court alone, if the court finds
474	474	2 that none of the factors found in subsection (b) exists, the
475	475	3 court shall sentence the defendant to a term of imprisonment
476	476	4 under Chapter V of the Unified Code of Corrections.
477	477	5 If the Court determines that one or more of the factors set
478	478	6 forth in subsection (b) exists, the Court shall consider any
479	479	7 aggravating and mitigating factors as indicated in subsection
480	480	8 (c). If the Court determines, after weighing the factors in
481	481	9 aggravation and mitigation, that death is the appropriate
482	482	10 sentence, the Court shall sentence the defendant to death.
483	483	11 If the court finds that death is not the appropriate
484	484	12 sentence, the court shall sentence the defendant to a term of
485	485	13 imprisonment under Chapter V of the Unified Code of
486	486	14 Corrections.
487	487	15 (h-5) Decertification as a capital case.
488	488	16 In a case in which the defendant has been found guilty of
489	489	17 first degree murder by a judge or jury, or a case on remand for
490	490	18 resentencing, and the State seeks the death penalty as an
491	491	19 appropriate sentence, on the court's own motion or the written
492	492	20 motion of the defendant, the court may decertify the case as a
493	493	21 death penalty case if the court finds that the only evidence
494	494	22 supporting the defendant's conviction is the uncorroborated
495	495	23 testimony of an informant witness, as defined in Section
496	496	24 115-21 of the Code of Criminal Procedure of 1963, concerning
497	497	25 the confession or admission of the defendant or that the sole
498	498	26 evidence against the defendant is a single eyewitness or
499	499
500	500
501	501
502	502
503	503
504	504	SB2585 - 13 - LRB103 32533 JDS 62107 b
505	505
506	506
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508	508	SB2585 - 14 - LRB103 32533 JDS 62107 b
509	509	1 single accomplice without any other corroborating evidence. If
510	510	2 the court decertifies the case as a capital case under either
511	511	3 of the grounds set forth above, the court shall issue a written
512	512	4 finding. The State may pursue its right to appeal the
513	513	5 decertification pursuant to Supreme Court Rule 604(a)(1). If
514	514	6 the court does not decertify the case as a capital case, the
515	515	7 matter shall proceed to the eligibility phase of the
516	516	8 sentencing hearing.
517	517	9 (i) Appellate Procedure.
518	518	10 The conviction and sentence of death shall be subject to
519	519	11 automatic review by the Supreme Court. Such review shall be in
520	520	12 accordance with rules promulgated by the Supreme Court. The
521	521	13 Illinois Supreme Court may overturn the death sentence, and
522	522	14 order the imposition of imprisonment under Chapter V of the
523	523	15 Unified Code of Corrections if the court finds that the death
524	524	16 sentence is fundamentally unjust as applied to the particular
525	525	17 case. If the Illinois Supreme Court finds that the death
526	526	18 sentence is fundamentally unjust as applied to the particular
527	527	19 case, independent of any procedural grounds for relief, the
528	528	20 Illinois Supreme Court shall issue a written opinion
529	529	21 explaining this finding.
530	530	22 (j) Disposition of reversed death sentence.
531	531	23 In the event that the death penalty in this Act is held to
532	532	24 be unconstitutional by the Supreme Court of the United States
533	533	25 or of the State of Illinois, any person convicted of first
534	534	26 degree murder shall be sentenced by the court to a term of
535	535
536	536
537	537
538	538
539	539
540	540	SB2585 - 14 - LRB103 32533 JDS 62107 b
541	541
542	542
543	543	SB2585- 15 -LRB103 32533 JDS 62107 b SB2585 - 15 - LRB103 32533 JDS 62107 b
544	544	SB2585 - 15 - LRB103 32533 JDS 62107 b
545	545	1 imprisonment under Chapter V of the Unified Code of
546	546	2 Corrections.
547	547	3 In the event that any death sentence pursuant to the
548	548	4 sentencing provisions of this Section is declared
549	549	5 unconstitutional by the Supreme Court of the United States or
550	550	6 of the State of Illinois, the court having jurisdiction over a
551	551	7 person previously sentenced to death shall cause the defendant
552	552	8 to be brought before the court, and the court shall sentence
553	553	9 the defendant to a term of imprisonment under Chapter V of the
554	554	10 Unified Code of Corrections.
555	555	11 (k) Guidelines for seeking the death penalty.
556	556	12 The Attorney General and State's Attorneys Association
557	557	13 shall consult on voluntary guidelines for procedures governing
558	558	14 whether or not to seek the death penalty. The guidelines do not
559	559	15 have the force of law and are only advisory in nature.
560	560	16 (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
561	561	17 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
562	562	18 7-1-21.)
563	563	19 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
564	564	20 Sec. 12-2. Aggravated assault.
565	565	21 (a) Offense based on location of conduct. A person commits
566	566	22 aggravated assault when he or she commits an assault against
567	567	23 an individual who is on or about a public way, public property,
568	568	24 a public place of accommodation or amusement, or a sports
569	569	25 venue, or in a church, synagogue, mosque, or other building,
570	570
571	571
572	572
573	573
574	574
575	575	SB2585 - 15 - LRB103 32533 JDS 62107 b
576	576
577	577
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579	579	SB2585 - 16 - LRB103 32533 JDS 62107 b
580	580	1 structure, or place used for religious worship.
581	581	2 (b) Offense based on status of victim. A person commits
582	582	3 aggravated assault when, in committing an assault, he or she
583	583	4 knows the individual assaulted to be any of the following:
584	584	5 (1) A person with a physical disability or a person 60
585	585	6 years of age or older and the assault is without legal
586	586	7 justification.
587	587	8 (2) A teacher or school employee upon school grounds
588	588	9 or grounds adjacent to a school or in any part of a
589	589	10 building used for school purposes.
590	590	11 (3) A park district employee upon park grounds or
591	591	12 grounds adjacent to a park or in any part of a building
592	592	13 used for park purposes.
593	593	14 (4) A community policing volunteer, private security
594	594	15 officer, or utility worker:
595	595	16 (i) performing his or her official duties;
596	596	17 (ii) assaulted to prevent performance of his or
597	597	18 her official duties; or
598	598	19 (iii) assaulted in retaliation for performing his
599	599	20 or her official duties.
600	600	21 (4.1) A peace officer, fireman, emergency management
601	601	22 worker, or emergency medical services personnel:
602	602	23 (i) performing his or her official duties,
603	603	24 including, without limitation, traveling to or from
604	604	25 his or her place of duty;
605	605	26 (ii) assaulted to prevent performance of his or
606	606
607	607
608	608
609	609
610	610
611	611	SB2585 - 16 - LRB103 32533 JDS 62107 b
612	612
613	613
614	614	SB2585- 17 -LRB103 32533 JDS 62107 b SB2585 - 17 - LRB103 32533 JDS 62107 b
615	615	SB2585 - 17 - LRB103 32533 JDS 62107 b
616	616	1 her official duties; or
617	617	2 (iii) assaulted in retaliation for performing his
618	618	3 or her official duties.
619	619	4 (5) A correctional officer or probation officer:
620	620	5 (i) performing his or her official duties;
621	621	6 (ii) assaulted to prevent performance of his or
622	622	7 her official duties; or
623	623	8 (iii) assaulted in retaliation for performing his
624	624	9 or her official duties.
625	625	10 (6) A correctional institution employee, a county
626	626	11 juvenile detention center employee who provides direct and
627	627	12 continuous supervision of residents of a juvenile
628	628	13 detention center, including a county juvenile detention
629	629	14 center employee who supervises recreational activity for
630	630	15 residents of a juvenile detention center, or a Department
631	631	16 of Human Services employee, Department of Human Services
632	632	17 officer, or employee of a subcontractor of the Department
633	633	18 of Human Services supervising or controlling sexually
634	634	19 dangerous persons or sexually violent persons:
635	635	20 (i) performing his or her official duties;
636	636	21 (ii) assaulted to prevent performance of his or
637	637	22 her official duties; or
638	638	23 (iii) assaulted in retaliation for performing his
639	639	24 or her official duties.
640	640	25 (7) An employee of the State of Illinois, a municipal
641	641	26 corporation therein, or a political subdivision thereof,
642	642
643	643
644	644
645	645
646	646
647	647	SB2585 - 17 - LRB103 32533 JDS 62107 b
648	648
649	649
650	650	SB2585- 18 -LRB103 32533 JDS 62107 b SB2585 - 18 - LRB103 32533 JDS 62107 b
651	651	SB2585 - 18 - LRB103 32533 JDS 62107 b
652	652	1 performing his or her official duties.
653	653	2 (8) A transit employee performing his or her official
654	654	3 duties, or a transit passenger.
655	655	4 (9) A sports official or coach actively participating
656	656	5 in any level of athletic competition within a sports
657	657	6 venue, on an indoor playing field or outdoor playing
658	658	7 field, or within the immediate vicinity of such a facility
659	659	8 or field.
660	660	9 (10) A person authorized to serve process under
661	661	10 Section 2-202 of the Code of Civil Procedure or a special
662	662	11 process server appointed by the circuit court, while that
663	663	12 individual is in the performance of his or her duties as a
664	664	13 process server.
665	665	14 (c) Offense based on use of firearm, device, or motor
666	666	15 vehicle. A person commits aggravated assault when, in
667	667	16 committing an assault, he or she does any of the following:
668	668	17 (1) Uses a deadly weapon, an air rifle as defined in
669	669	18 Section 24.8-0.1 of this Act, or any device manufactured
670	670	19 and designed to be substantially similar in appearance to
671	671	20 a firearm, other than by discharging a firearm.
672	672	21 (2) Discharges a firearm, other than from a motor
673	673	22 vehicle.
674	674	23 (3) Discharges a firearm from a motor vehicle.
675	675	24 (4) Wears a hood, robe, or mask to conceal his or her
676	676	25 identity.
677	677	26 (5) Knowingly and without lawful justification shines
678	678
679	679
680	680
681	681
682	682
683	683	SB2585 - 18 - LRB103 32533 JDS 62107 b
684	684
685	685
686	686	SB2585- 19 -LRB103 32533 JDS 62107 b SB2585 - 19 - LRB103 32533 JDS 62107 b
687	687	SB2585 - 19 - LRB103 32533 JDS 62107 b
688	688	1 or flashes a laser gun sight or other laser device
689	689	2 attached to a firearm, or used in concert with a firearm,
690	690	3 so that the laser beam strikes near or in the immediate
691	691	4 vicinity of any person.
692	692	5 (6) Uses a firearm, other than by discharging the
693	693	6 firearm, against a peace officer, community policing
694	694	7 volunteer, fireman, private security officer, emergency
695	695	8 management worker, emergency medical services personnel,
696	696	9 employee of a police department, employee of a sheriff's
697	697	10 department, or traffic control municipal employee:
698	698	11 (i) performing his or her official duties,
699	699	12 including, without limitation, traveling to or from
700	700	13 his or her place of duty;
701	701	14 (ii) assaulted to prevent performance of his or
702	702	15 her official duties; or
703	703	16 (iii) assaulted in retaliation for performing his
704	704	17 or her official duties.
705	705	18 (7) Without justification operates a motor vehicle in
706	706	19 a manner which places a person, other than a person listed
707	707	20 in subdivision (b)(4), in reasonable apprehension of being
708	708	21 struck by the moving motor vehicle.
709	709	22 (8) Without justification operates a motor vehicle in
710	710	23 a manner which places a person listed in subdivision
711	711	24 (b)(4), in reasonable apprehension of being struck by the
712	712	25 moving motor vehicle.
713	713	26 (9) Knowingly video or audio records the offense with
714	714
715	715
716	716
717	717
718	718
719	719	SB2585 - 19 - LRB103 32533 JDS 62107 b
720	720
721	721
722	722	SB2585- 20 -LRB103 32533 JDS 62107 b SB2585 - 20 - LRB103 32533 JDS 62107 b
723	723	SB2585 - 20 - LRB103 32533 JDS 62107 b
724	724	1 the intent to disseminate the recording.
725	725	2 (d) Sentence. Aggravated assault as defined in subdivision
726	726	3 (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
727	727	4 (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
728	728	5 that aggravated assault as defined in subdivision (b)(4) and
729	729	6 (b)(7) is a Class 4 felony if a Category I, Category II, or
730	730	7 Category III weapon is used in the commission of the assault.
731	731	8 Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
732	732	9 (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
733	733	10 4 felony. Aggravated assault as defined in subdivision (c)(3)
734	734	11 or (c)(8) is a Class 3 felony.
735	735	12 (e) For the purposes of this Section, "Category I weapon",
736	736	13 "Category II weapon", and "Category III weapon" have the
737	737	14 meanings ascribed to those terms in Section 33A-1 of this
738	738	15 Code.
739	739	16 (Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
740	740	17 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
741	741	18 Sec. 12-3.05. Aggravated battery.
742	742	19 (a) Offense based on injury. A person commits aggravated
743	743	20 battery when, in committing a battery, other than by the
744	744	21 discharge of a firearm, he or she knowingly does any of the
745	745	22 following:
746	746	23 (1) Causes great bodily harm or permanent disability
747	747	24 or disfigurement.
748	748	25 (2) Causes severe and permanent disability, great
749	749
750	750
751	751
752	752
753	753
754	754	SB2585 - 20 - LRB103 32533 JDS 62107 b
755	755
756	756
757	757	SB2585- 21 -LRB103 32533 JDS 62107 b SB2585 - 21 - LRB103 32533 JDS 62107 b
758	758	SB2585 - 21 - LRB103 32533 JDS 62107 b
759	759	1 bodily harm, or disfigurement by means of a caustic or
760	760	2 flammable substance, a poisonous gas, a deadly biological
761	761	3 or chemical contaminant or agent, a radioactive substance,
762	762	4 or a bomb or explosive compound.
763	763	5 (3) Causes great bodily harm or permanent disability
764	764	6 or disfigurement to an individual whom the person knows to
765	765	7 be a peace officer, community policing volunteer, fireman,
766	766	8 private security officer, correctional institution
767	767	9 employee, or Department of Human Services employee
768	768	10 supervising or controlling sexually dangerous persons or
769	769	11 sexually violent persons:
770	770	12 (i) performing his or her official duties,
771	771	13 including, without limitation, traveling to or from
772	772	14 his or her place of duty;
773	773	15 (ii) battered to prevent performance of his or her
774	774	16 official duties; or
775	775	17 (iii) battered in retaliation for performing his
776	776	18 or her official duties.
777	777	19 (4) Causes great bodily harm or permanent disability
778	778	20 or disfigurement to an individual 60 years of age or
779	779	21 older.
780	780	22 (5) Strangles another individual.
781	781	23 (b) Offense based on injury to a child or person with an
782	782	24 intellectual disability. A person who is at least 18 years of
783	783	25 age commits aggravated battery when, in committing a battery,
784	784	26 he or she knowingly and without legal justification by any
785	785
786	786
787	787
788	788
789	789
790	790	SB2585 - 21 - LRB103 32533 JDS 62107 b
791	791
792	792
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794	794	SB2585 - 22 - LRB103 32533 JDS 62107 b
795	795	1 means:
796	796	2 (1) causes great bodily harm or permanent disability
797	797	3 or disfigurement to any child under the age of 13 years, or
798	798	4 to any person with a severe or profound intellectual
799	799	5 disability; or
800	800	6 (2) causes bodily harm or disability or disfigurement
801	801	7 to any child under the age of 13 years or to any person
802	802	8 with a severe or profound intellectual disability.
803	803	9 (c) Offense based on location of conduct. A person commits
804	804	10 aggravated battery when, in committing a battery, other than
805	805	11 by the discharge of a firearm, he or she is or the person
806	806	12 battered is on or about a public way, public property, a public
807	807	13 place of accommodation or amusement, a sports venue, or a
808	808	14 domestic violence shelter, or in a church, synagogue, mosque,
809	809	15 or other building, structure, or place used for religious
810	810	16 worship.
811	811	17 (d) Offense based on status of victim. A person commits
812	812	18 aggravated battery when, in committing a battery, other than
813	813	19 by discharge of a firearm, he or she knows the individual
814	814	20 battered to be any of the following:
815	815	21 (1) A person 60 years of age or older.
816	816	22 (2) A person who is pregnant or has a physical
817	817	23 disability.
818	818	24 (3) A teacher or school employee upon school grounds
819	819	25 or grounds adjacent to a school or in any part of a
820	820	26 building used for school purposes.
821	821
822	822
823	823
824	824
825	825
826	826	SB2585 - 22 - LRB103 32533 JDS 62107 b
827	827
828	828
829	829	SB2585- 23 -LRB103 32533 JDS 62107 b SB2585 - 23 - LRB103 32533 JDS 62107 b
830	830	SB2585 - 23 - LRB103 32533 JDS 62107 b
831	831	1 (4) A peace officer, community policing volunteer,
832	832	2 fireman, private security officer, correctional
833	833	3 institution employee, or Department of Human Services
834	834	4 employee supervising or controlling sexually dangerous
835	835	5 persons or sexually violent persons:
836	836	6 (i) performing his or her official duties,
837	837	7 including, without limitation, traveling to or from
838	838	8 his or her place of duty;
839	839	9 (ii) battered to prevent performance of his or her
840	840	10 official duties; or
841	841	11 (iii) battered in retaliation for performing his
842	842	12 or her official duties.
843	843	13 (5) A judge, emergency management worker, emergency
844	844	14 medical services personnel, or utility worker:
845	845	15 (i) performing his or her official duties;
846	846	16 (ii) battered to prevent performance of his or her
847	847	17 official duties; or
848	848	18 (iii) battered in retaliation for performing his
849	849	19 or her official duties.
850	850	20 (6) An officer or employee of the State of Illinois, a
851	851	21 unit of local government, or a school district, while
852	852	22 performing his or her official duties.
853	853	23 (7) A transit employee performing his or her official
854	854	24 duties, or a transit passenger.
855	855	25 (8) A taxi driver on duty.
856	856	26 (9) A merchant who detains the person for an alleged
857	857
858	858
859	859
860	860
861	861
862	862	SB2585 - 23 - LRB103 32533 JDS 62107 b
863	863
864	864
865	865	SB2585- 24 -LRB103 32533 JDS 62107 b SB2585 - 24 - LRB103 32533 JDS 62107 b
866	866	SB2585 - 24 - LRB103 32533 JDS 62107 b
867	867	1 commission of retail theft under Section 16-26 of this
868	868	2 Code and the person without legal justification by any
869	869	3 means causes bodily harm to the merchant.
870	870	4 (10) A person authorized to serve process under
871	871	5 Section 2-202 of the Code of Civil Procedure or a special
872	872	6 process server appointed by the circuit court while that
873	873	7 individual is in the performance of his or her duties as a
874	874	8 process server.
875	875	9 (11) A nurse while in the performance of his or her
876	876	10 duties as a nurse.
877	877	11 (12) A merchant: (i) while performing his or her
878	878	12 duties, including, but not limited to, relaying directions
879	879	13 for healthcare or safety from his or her supervisor or
880	880	14 employer or relaying health or safety guidelines,
881	881	15 recommendations, regulations, or rules from a federal,
882	882	16 State, or local public health agency; and (ii) during a
883	883	17 disaster declared by the Governor, or a state of emergency
884	884	18 declared by the mayor of the municipality in which the
885	885	19 merchant is located, due to a public health emergency and
886	886	20 for a period of 6 months after such declaration.
887	887	21 (e) Offense based on use of a firearm. A person commits
888	888	22 aggravated battery when, in committing a battery, he or she
889	889	23 knowingly does any of the following:
890	890	24 (1) Discharges a firearm, other than a machine gun or
891	891	25 a firearm equipped with a silencer, and causes any injury
892	892	26 to another person.
893	893
894	894
895	895
896	896
897	897
898	898	SB2585 - 24 - LRB103 32533 JDS 62107 b
899	899
900	900
901	901	SB2585- 25 -LRB103 32533 JDS 62107 b SB2585 - 25 - LRB103 32533 JDS 62107 b
902	902	SB2585 - 25 - LRB103 32533 JDS 62107 b
903	903	1 (2) Discharges a firearm, other than a machine gun or
904	904	2 a firearm equipped with a silencer, and causes any injury
905	905	3 to a person he or she knows to be a peace officer,
906	906	4 community policing volunteer, person summoned by a police
907	907	5 officer, fireman, private security officer, correctional
908	908	6 institution employee, or emergency management worker:
909	909	7 (i) performing his or her official duties,
910	910	8 including, without limitation, traveling to or from
911	911	9 his or her place of duty;
912	912	10 (ii) battered to prevent performance of his or her
913	913	11 official duties; or
914	914	12 (iii) battered in retaliation for performing his
915	915	13 or her official duties.
916	916	14 (3) Discharges a firearm, other than a machine gun or
917	917	15 a firearm equipped with a silencer, and causes any injury
918	918	16 to a person he or she knows to be emergency medical
919	919	17 services personnel:
920	920	18 (i) performing his or her official duties;
921	921	19 (ii) battered to prevent performance of his or her
922	922	20 official duties; or
923	923	21 (iii) battered in retaliation for performing his
924	924	22 or her official duties.
925	925	23 (4) Discharges a firearm and causes any injury to a
926	926	24 person he or she knows to be a teacher, a student in a
927	927	25 school, or a school employee, and the teacher, student, or
928	928	26 employee is upon school grounds or grounds adjacent to a
929	929
930	930
931	931
932	932
933	933
934	934	SB2585 - 25 - LRB103 32533 JDS 62107 b
935	935
936	936
937	937	SB2585- 26 -LRB103 32533 JDS 62107 b SB2585 - 26 - LRB103 32533 JDS 62107 b
938	938	SB2585 - 26 - LRB103 32533 JDS 62107 b
939	939	1 school or in any part of a building used for school
940	940	2 purposes.
941	941	3 (5) Discharges a machine gun or a firearm equipped
942	942	4 with a silencer, and causes any injury to another person.
943	943	5 (6) Discharges a machine gun or a firearm equipped
944	944	6 with a silencer, and causes any injury to a person he or
945	945	7 she knows to be a peace officer, community policing
946	946	8 volunteer, person summoned by a police officer, fireman,
947	947	9 private security officer, correctional institution
948	948	10 employee or emergency management worker:
949	949	11 (i) performing his or her official duties,
950	950	12 including, without limitation, traveling to or from
951	951	13 his or her place of duty;
952	952	14 (ii) battered to prevent performance of his or her
953	953	15 official duties; or
954	954	16 (iii) battered in retaliation for performing his
955	955	17 or her official duties.
956	956	18 (7) Discharges a machine gun or a firearm equipped
957	957	19 with a silencer, and causes any injury to a person he or
958	958	20 she knows to be emergency medical services personnel:
959	959	21 (i) performing his or her official duties;
960	960	22 (ii) battered to prevent performance of his or her
961	961	23 official duties; or
962	962	24 (iii) battered in retaliation for performing his
963	963	25 or her official duties.
964	964	26 (8) Discharges a machine gun or a firearm equipped
965	965
966	966
967	967
968	968
969	969
970	970	SB2585 - 26 - LRB103 32533 JDS 62107 b
971	971
972	972
973	973	SB2585- 27 -LRB103 32533 JDS 62107 b SB2585 - 27 - LRB103 32533 JDS 62107 b
974	974	SB2585 - 27 - LRB103 32533 JDS 62107 b
975	975	1 with a silencer, and causes any injury to a person he or
976	976	2 she knows to be a teacher, or a student in a school, or a
977	977	3 school employee, and the teacher, student, or employee is
978	978	4 upon school grounds or grounds adjacent to a school or in
979	979	5 any part of a building used for school purposes.
980	980	6 (f) Offense based on use of a weapon or device. A person
981	981	7 commits aggravated battery when, in committing a battery, he
982	982	8 or she does any of the following:
983	983	9 (1) Uses a deadly weapon other than by discharge of a
984	984	10 firearm, or uses an air rifle as defined in Section
985	985	11 24.8-0.1 of this Code.
986	986	12 (2) Wears a hood, robe, or mask to conceal his or her
987	987	13 identity.
988	988	14 (3) Knowingly and without lawful justification shines
989	989	15 or flashes a laser gunsight or other laser device attached
990	990	16 to a firearm, or used in concert with a firearm, so that
991	991	17 the laser beam strikes upon or against the person of
992	992	18 another.
993	993	19 (4) Knowingly video or audio records the offense with
994	994	20 the intent to disseminate the recording.
995	995	21 (g) Offense based on certain conduct. A person commits
996	996	22 aggravated battery when, other than by discharge of a firearm,
997	997	23 he or she does any of the following:
998	998	24 (1) Violates Section 401 of the Illinois Controlled
999	999	25 Substances Act by unlawfully delivering a controlled
1000	1000	26 substance to another and any user experiences great bodily
1001	1001
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006	SB2585 - 27 - LRB103 32533 JDS 62107 b
1007	1007
1008	1008
1009	1009	SB2585- 28 -LRB103 32533 JDS 62107 b SB2585 - 28 - LRB103 32533 JDS 62107 b
1010	1010	SB2585 - 28 - LRB103 32533 JDS 62107 b
1011	1011	1 harm or permanent disability as a result of the injection,
1012	1012	2 inhalation, or ingestion of any amount of the controlled
1013	1013	3 substance.
1014	1014	4 (2) Knowingly administers to an individual or causes
1015	1015	5 him or her to take, without his or her consent or by threat
1016	1016	6 or deception, and for other than medical purposes, any
1017	1017	7 intoxicating, poisonous, stupefying, narcotic,
1018	1018	8 anesthetic, or controlled substance, or gives to another
1019	1019	9 person any food containing any substance or object
1020	1020	10 intended to cause physical injury if eaten.
1021	1021	11 (3) Knowingly causes or attempts to cause a
1022	1022	12 correctional institution employee or Department of Human
1023	1023	13 Services employee to come into contact with blood, seminal
1024	1024	14 fluid, urine, or feces by throwing, tossing, or expelling
1025	1025	15 the fluid or material, and the person is an inmate of a
1026	1026	16 penal institution or is a sexually dangerous person or
1027	1027	17 sexually violent person in the custody of the Department
1028	1028	18 of Human Services.
1029	1029	19 (h) Sentence. Unless otherwise provided, aggravated
1030	1030	20 battery is a Class 3 felony.
1031	1031	21 Aggravated battery as defined in subdivision (a)(4),
1032	1032	22 (d)(4), or (g)(3) is a Class 2 felony.
1033	1033	23 Aggravated battery as defined in subdivision (a)(3) or
1034	1034	24 (g)(1) is a Class 1 felony.
1035	1035	25 Aggravated battery as defined in subdivision (a)(1) is a
1036	1036	26 Class 1 felony when the aggravated battery was intentional and
1037	1037
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042	SB2585 - 28 - LRB103 32533 JDS 62107 b
1043	1043
1044	1044
1045	1045	SB2585- 29 -LRB103 32533 JDS 62107 b SB2585 - 29 - LRB103 32533 JDS 62107 b
1046	1046	SB2585 - 29 - LRB103 32533 JDS 62107 b
1047	1047	1 involved the infliction of torture, as defined in paragraph
1048	1048	2 (14) of subsection (b) of Section 9-1 of this Code, as the
1049	1049	3 infliction of or subjection to extreme physical pain,
1050	1050	4 motivated by an intent to increase or prolong the pain,
1051	1051	5 suffering, or agony of the victim.
1052	1052	6 Aggravated battery as defined in subdivision (a)(1) is a
1053	1053	7 Class 2 felony when the person causes great bodily harm or
1054	1054	8 permanent disability to an individual whom the person knows to
1055	1055	9 be a member of a congregation engaged in prayer or other
1056	1056	10 religious activities at a church, synagogue, mosque, or other
1057	1057	11 building, structure, or place used for religious worship.
1058	1058	12 Aggravated battery under subdivision (a)(5) is a Class 1
1059	1059	13 felony if:
1060	1060	14 (A) the person used or attempted to use a dangerous
1061	1061	15 instrument while committing the offense;
1062	1062	16 (B) the person caused great bodily harm or permanent
1063	1063	17 disability or disfigurement to the other person while
1064	1064	18 committing the offense; or
1065	1065	19 (C) the person has been previously convicted of a
1066	1066	20 violation of subdivision (a)(5) under the laws of this
1067	1067	21 State or laws similar to subdivision (a)(5) of any other
1068	1068	22 state.
1069	1069	23 Aggravated battery as defined in subdivision (e)(1) is a
1070	1070	24 Class X felony.
1071	1071	25 Aggravated battery as defined in subdivision (a)(2) is a
1072	1072	26 Class X felony for which a person shall be sentenced to a term
1073	1073
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078	SB2585 - 29 - LRB103 32533 JDS 62107 b
1079	1079
1080	1080
1081	1081	SB2585- 30 -LRB103 32533 JDS 62107 b SB2585 - 30 - LRB103 32533 JDS 62107 b
1082	1082	SB2585 - 30 - LRB103 32533 JDS 62107 b
1083	1083	1 of imprisonment of a minimum of 6 years and a maximum of 45
1084	1084	2 years.
1085	1085	3 Aggravated battery as defined in subdivision (e)(5) is a
1086	1086	4 Class X felony for which a person shall be sentenced to a term
1087	1087	5 of imprisonment of a minimum of 12 years and a maximum of 45
1088	1088	6 years.
1089	1089	7 Aggravated battery as defined in subdivision (e)(2),
1090	1090	8 (e)(3), or (e)(4) is a Class X felony for which a person shall
1091	1091	9 be sentenced to a term of imprisonment of a minimum of 15 years
1092	1092	10 and a maximum of 60 years.
1093	1093	11 Aggravated battery as defined in subdivision (e)(6),
1094	1094	12 (e)(7), or (e)(8) is a Class X felony for which a person shall
1095	1095	13 be sentenced to a term of imprisonment of a minimum of 20 years
1096	1096	14 and a maximum of 60 years.
1097	1097	15 Aggravated battery as defined in subdivision (b)(1) is a
1098	1098	16 Class X felony, except that:
1099	1099	17 (1) if the person committed the offense while armed
1100	1100	18 with a firearm, 15 years shall be added to the term of
1101	1101	19 imprisonment imposed by the court;
1102	1102	20 (2) if, during the commission of the offense, the
1103	1103	21 person personally discharged a firearm, 20 years shall be
1104	1104	22 added to the term of imprisonment imposed by the court;
1105	1105	23 (3) if, during the commission of the offense, the
1106	1106	24 person personally discharged a firearm that proximately
1107	1107	25 caused great bodily harm, permanent disability, permanent
1108	1108	26 disfigurement, or death to another person, 25 years or up
1109	1109
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114	SB2585 - 30 - LRB103 32533 JDS 62107 b
1115	1115
1116	1116
1117	1117	SB2585- 31 -LRB103 32533 JDS 62107 b SB2585 - 31 - LRB103 32533 JDS 62107 b
1118	1118	SB2585 - 31 - LRB103 32533 JDS 62107 b
1119	1119	1 to a term of natural life shall be added to the term of
1120	1120	2 imprisonment imposed by the court.
1121	1121	3 (i) Definitions. In this Section:
1122	1122	4 "Building or other structure used to provide shelter" has
1123	1123	5 the meaning ascribed to "shelter" in Section 1 of the Domestic
1124	1124	6 Violence Shelters Act.
1125	1125	7 "Domestic violence" has the meaning ascribed to it in
1126	1126	8 Section 103 of the Illinois Domestic Violence Act of 1986.
1127	1127	9 "Domestic violence shelter" means any building or other
1128	1128	10 structure used to provide shelter or other services to victims
1129	1129	11 or to the dependent children of victims of domestic violence
1130	1130	12 pursuant to the Illinois Domestic Violence Act of 1986 or the
1131	1131	13 Domestic Violence Shelters Act, or any place within 500 feet
1132	1132	14 of such a building or other structure in the case of a person
1133	1133	15 who is going to or from such a building or other structure.
1134	1134	16 "Firearm" has the meaning provided under Section 1.1 of
1135	1135	17 the Firearm Owners Identification Card Act, and does not
1136	1136	18 include an air rifle as defined by Section 24.8-0.1 of this
1137	1137	19 Code.
1138	1138	20 "Machine gun" has the meaning ascribed to it in Section
1139	1139	21 24-1 of this Code.
1140	1140	22 "Merchant" has the meaning ascribed to it in Section
1141	1141	23 16-0.1 of this Code.
1142	1142	24 "Strangle" means intentionally impeding the normal
1143	1143	25 breathing or circulation of the blood of an individual by
1144	1144	26 applying pressure on the throat or neck of that individual or
1145	1145
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150	SB2585 - 31 - LRB103 32533 JDS 62107 b
1151	1151
1152	1152
1153	1153	SB2585- 32 -LRB103 32533 JDS 62107 b SB2585 - 32 - LRB103 32533 JDS 62107 b
1154	1154	SB2585 - 32 - LRB103 32533 JDS 62107 b
1155	1155	1 by blocking the nose or mouth of that individual.
1156	1156	2 (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
1157	1157	3 Section 10. The Unified Code of Corrections is amended by
1158	1158	4 changing Section 5-8-1 as follows:
1159	1159	5 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
1160	1160	6 Sec. 5-8-1. Natural life imprisonment; enhancements for
1161	1161	7 use of a firearm; mandatory supervised release terms.
1162	1162	8 (a) Except as otherwise provided in the statute defining
1163	1163	9 the offense or in Article 4.5 of Chapter V, a sentence of
1164	1164	10 imprisonment for a felony shall be a determinate sentence set
1165	1165	11 by the court under this Section, subject to Section 5-4.5-115
1166	1166	12 of this Code, according to the following limitations:
1167	1167	13 (1) for first degree murder,
1168	1168	14 (a) (blank),
1169	1169	15 (b) if a trier of fact finds beyond a reasonable
1170	1170	16 doubt that the murder was accompanied by exceptionally
1171	1171	17 brutal or heinous behavior indicative of wanton
1172	1172	18 cruelty or, except as set forth in subsection
1173	1173	19 (a)(1)(c) of this Section, that any of the aggravating
1174	1174	20 factors listed in subsection (b) or (b-5) of Section
1175	1175	21 9-1 of the Criminal Code of 1961 or the Criminal Code
1176	1176	22 of 2012 are present, the court may sentence the
1177	1177	23 defendant, subject to Section 5-4.5-105, to a term of
1178	1178	24 natural life imprisonment, or
1179	1179
1180	1180
1181	1181
1182	1182
1183	1183
1184	1184	SB2585 - 32 - LRB103 32533 JDS 62107 b
1185	1185
1186	1186
1187	1187	SB2585- 33 -LRB103 32533 JDS 62107 b SB2585 - 33 - LRB103 32533 JDS 62107 b
1188	1188	SB2585 - 33 - LRB103 32533 JDS 62107 b
1189	1189	1 (c) the court shall sentence the defendant to a
1190	1190	2 term of natural life imprisonment if the defendant, at
1191	1191	3 the time of the commission of the murder, had attained
1192	1192	4 the age of 18, and:
1193	1193	5 (i) has previously been convicted of first
1194	1194	6 degree murder under any state or federal law, or
1195	1195	7 (ii) is found guilty of murdering more than
1196	1196	8 one victim, or
1197	1197	9 (iii) is found guilty of murdering a peace
1198	1198	10 officer, fireman, or emergency management worker
1199	1199	11 when the peace officer, fireman, or emergency
1200	1200	12 management worker was killed in the course of
1201	1201	13 performing his or her official duties, including,
1202	1202	14 without limitation, traveling to or from his or
1203	1203	15 her place of duty, or to prevent the peace officer
1204	1204	16 or fireman from performing his official duties, or
1205	1205	17 in retaliation for the peace officer, fireman, or
1206	1206	18 emergency management worker from performing his
1207	1207	19 official duties, and the defendant knew or should
1208	1208	20 have known that the murdered individual was a
1209	1209	21 peace officer, fireman, or emergency management
1210	1210	22 worker, or
1211	1211	23 (iv) is found guilty of murdering an employee
1212	1212	24 of an institution or facility of the Department of
1213	1213	25 Corrections, or any similar local correctional
1214	1214	26 agency, when the employee was killed in the course
1215	1215
1216	1216
1217	1217
1218	1218
1219	1219
1220	1220	SB2585 - 33 - LRB103 32533 JDS 62107 b
1221	1221
1222	1222
1223	1223	SB2585- 34 -LRB103 32533 JDS 62107 b SB2585 - 34 - LRB103 32533 JDS 62107 b
1224	1224	SB2585 - 34 - LRB103 32533 JDS 62107 b
1225	1225	1 of performing his official duties, or to prevent
1226	1226	2 the employee from performing his official duties,
1227	1227	3 or in retaliation for the employee performing his
1228	1228	4 official duties, or
1229	1229	5 (v) is found guilty of murdering an emergency
1230	1230	6 medical technician - ambulance, emergency medical
1231	1231	7 technician - intermediate, emergency medical
1232	1232	8 technician - paramedic, ambulance driver or other
1233	1233	9 medical assistance or first aid person while
1234	1234	10 employed by a municipality or other governmental
1235	1235	11 unit when the person was killed in the course of
1236	1236	12 performing official duties or to prevent the
1237	1237	13 person from performing official duties or in
1238	1238	14 retaliation for performing official duties and the
1239	1239	15 defendant knew or should have known that the
1240	1240	16 murdered individual was an emergency medical
1241	1241	17 technician - ambulance, emergency medical
1242	1242	18 technician - intermediate, emergency medical
1243	1243	19 technician - paramedic, ambulance driver, or other
1244	1244	20 medical assistant or first aid personnel, or
1245	1245	21 (vi) (blank), or
1246	1246	22 (vii) is found guilty of first degree murder
1247	1247	23 and the murder was committed by reason of any
1248	1248	24 person's activity as a community policing
1249	1249	25 volunteer or to prevent any person from engaging
1250	1250	26 in activity as a community policing volunteer. For
1251	1251
1252	1252
1253	1253
1254	1254
1255	1255
1256	1256	SB2585 - 34 - LRB103 32533 JDS 62107 b
1257	1257
1258	1258
1259	1259	SB2585- 35 -LRB103 32533 JDS 62107 b SB2585 - 35 - LRB103 32533 JDS 62107 b
1260	1260	SB2585 - 35 - LRB103 32533 JDS 62107 b
1261	1261	1 the purpose of this Section, "community policing
1262	1262	2 volunteer" has the meaning ascribed to it in
1263	1263	3 Section 2-3.5 of the Criminal Code of 2012.
1264	1264	4 For purposes of clause (v), "emergency medical
1265	1265	5 technician - ambulance", "emergency medical technician -
1266	1266	6 intermediate", "emergency medical technician -
1267	1267	7 paramedic", have the meanings ascribed to them in the
1268	1268	8 Emergency Medical Services (EMS) Systems Act.
1269	1269	9 (d)(i) if the person committed the offense while
1270	1270	10 armed with a firearm, 15 years shall be added to
1271	1271	11 the term of imprisonment imposed by the court;
1272	1272	12 (ii) if, during the commission of the offense, the
1273	1273	13 person personally discharged a firearm, 20 years shall
1274	1274	14 be added to the term of imprisonment imposed by the
1275	1275	15 court;
1276	1276	16 (iii) if, during the commission of the offense,
1277	1277	17 the person personally discharged a firearm that
1278	1278	18 proximately caused great bodily harm, permanent
1279	1279	19 disability, permanent disfigurement, or death to
1280	1280	20 another person, 25 years or up to a term of natural
1281	1281	21 life shall be added to the term of imprisonment
1282	1282	22 imposed by the court.
1283	1283	23 (2) (blank);
1284	1284	24 (2.5) for a person who has attained the age of 18 years
1285	1285	25 at the time of the commission of the offense and who is
1286	1286	26 convicted under the circumstances described in subdivision
1287	1287
1288	1288
1289	1289
1290	1290
1291	1291
1292	1292	SB2585 - 35 - LRB103 32533 JDS 62107 b
1293	1293
1294	1294
1295	1295	SB2585- 36 -LRB103 32533 JDS 62107 b SB2585 - 36 - LRB103 32533 JDS 62107 b
1296	1296	SB2585 - 36 - LRB103 32533 JDS 62107 b
1297	1297	1 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
1298	1298	2 subsection (b) of Section 12-13, subdivision (d)(2) of
1299	1299	3 Section 11-1.30 or paragraph (2) of subsection (d) of
1300	1300	4 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
1301	1301	5 paragraph (1.2) of subsection (b) of Section 12-14.1,
1302	1302	6 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
1303	1303	7 subsection (b) of Section 12-14.1 of the Criminal Code of
1304	1304	8 1961 or the Criminal Code of 2012, the sentence shall be a
1305	1305	9 term of natural life imprisonment.
1306	1306	10 (b) (Blank).
1307	1307	11 (c) (Blank).
1308	1308	12 (d) Subject to earlier termination under Section 3-3-8,
1309	1309	13 the parole or mandatory supervised release term shall be
1310	1310	14 written as part of the sentencing order and shall be as
1311	1311	15 follows:
1312	1312	16 (1) for first degree murder or for the offenses of
1313	1313	17 predatory criminal sexual assault of a child, aggravated
1314	1314	18 criminal sexual assault, and criminal sexual assault if
1315	1315	19 committed on or before December 12, 2005, 3 years;
1316	1316	20 (1.5) except as provided in paragraph (7) of this
1317	1317	21 subsection (d), for a Class X felony except for the
1318	1318	22 offenses of predatory criminal sexual assault of a child,
1319	1319	23 aggravated criminal sexual assault, and criminal sexual
1320	1320	24 assault if committed on or after December 13, 2005 (the
1321	1321	25 effective date of Public Act 94-715) and except for the
1322	1322	26 offense of aggravated child pornography under Section
1323	1323
1324	1324
1325	1325
1326	1326
1327	1327
1328	1328	SB2585 - 36 - LRB103 32533 JDS 62107 b
1329	1329
1330	1330
1331	1331	SB2585- 37 -LRB103 32533 JDS 62107 b SB2585 - 37 - LRB103 32533 JDS 62107 b
1332	1332	SB2585 - 37 - LRB103 32533 JDS 62107 b
1333	1333	1 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
1334	1334	2 subsection (c-5) of Section 11-20.1 of the Criminal Code
1335	1335	3 of 1961 or the Criminal Code of 2012, if committed on or
1336	1336	4 after January 1, 2009, 18 months;
1337	1337	5 (2) except as provided in paragraph (7) of this
1338	1338	6 subsection (d), for a Class 1 felony or a Class 2 felony
1339	1339	7 except for the offense of criminal sexual assault if
1340	1340	8 committed on or after December 13, 2005 (the effective
1341	1341	9 date of Public Act 94-715) and except for the offenses of
1342	1342	10 manufacture and dissemination of child pornography under
1343	1343	11 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
1344	1344	12 Criminal Code of 1961 or the Criminal Code of 2012, if
1345	1345	13 committed on or after January 1, 2009, 12 months;
1346	1346	14 (3) except as provided in paragraph (4), (6), or (7)
1347	1347	15 of this subsection (d), for a Class 3 felony or a Class 4
1348	1348	16 felony, 6 months; no later than 45 days after the onset of
1349	1349	17 the term of mandatory supervised release, the Prisoner
1350	1350	18 Review Board shall conduct a discretionary discharge
1351	1351	19 review pursuant to the provisions of Section 3-3-8, which
1352	1352	20 shall include the results of a standardized risk and needs
1353	1353	21 assessment tool administered by the Department of
1354	1354	22 Corrections; the changes to this paragraph (3) made by
1355	1355	23 this amendatory Act of the 102nd General Assembly apply to
1356	1356	24 all individuals released on mandatory supervised release
1357	1357	25 on or after the effective date of this amendatory Act of
1358	1358	26 the 102nd General Assembly, including those individuals
1359	1359
1360	1360
1361	1361
1362	1362
1363	1363
1364	1364	SB2585 - 37 - LRB103 32533 JDS 62107 b
1365	1365
1366	1366
1367	1367	SB2585- 38 -LRB103 32533 JDS 62107 b SB2585 - 38 - LRB103 32533 JDS 62107 b
1368	1368	SB2585 - 38 - LRB103 32533 JDS 62107 b
1369	1369	1 whose sentences were imposed prior to the effective date
1370	1370	2 of this amendatory Act of the 102nd General Assembly;
1371	1371	3 (4) for defendants who commit the offense of predatory
1372	1372	4 criminal sexual assault of a child, aggravated criminal
1373	1373	5 sexual assault, or criminal sexual assault, on or after
1374	1374	6 December 13, 2005 (the effective date of Public Act
1375	1375	7 94-715), or who commit the offense of aggravated child
1376	1376	8 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
1377	1377	9 with sentencing under subsection (c-5) of Section 11-20.1
1378	1378	10 of the Criminal Code of 1961 or the Criminal Code of 2012,
1379	1379	11 manufacture of child pornography, or dissemination of
1380	1380	12 child pornography after January 1, 2009, the term of
1381	1381	13 mandatory supervised release shall range from a minimum of
1382	1382	14 3 years to a maximum of the natural life of the defendant;
1383	1383	15 (5) if the victim is under 18 years of age, for a
1384	1384	16 second or subsequent offense of aggravated criminal sexual
1385	1385	17 abuse or felony criminal sexual abuse, 4 years, at least
1386	1386	18 the first 2 years of which the defendant shall serve in an
1387	1387	19 electronic monitoring or home detention program under
1388	1388	20 Article 8A of Chapter V of this Code;
1389	1389	21 (6) for a felony domestic battery, aggravated domestic
1390	1390	22 battery, stalking, aggravated stalking, and a felony
1391	1391	23 violation of an order of protection, 4 years;
1392	1392	24 (7) for any felony described in paragraph (a)(2)(ii),
1393	1393	25 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
1394	1394	26 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
1395	1395
1396	1396
1397	1397
1398	1398
1399	1399
1400	1400	SB2585 - 38 - LRB103 32533 JDS 62107 b
1401	1401
1402	1402
1403	1403	SB2585- 39 -LRB103 32533 JDS 62107 b SB2585 - 39 - LRB103 32533 JDS 62107 b
1404	1404	SB2585 - 39 - LRB103 32533 JDS 62107 b
1405	1405	1 3-6-3 of the Unified Code of Corrections requiring an
1406	1406	2 inmate to serve a minimum of 85% of their court-imposed
1407	1407	3 sentence, except for the offenses of predatory criminal
1408	1408	4 sexual assault of a child, aggravated criminal sexual
1409	1409	5 assault, and criminal sexual assault if committed on or
1410	1410	6 after December 13, 2005 (the effective date of Public Act
1411	1411	7 94-715) and except for the offense of aggravated child
1412	1412	8 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
1413	1413	9 with sentencing under subsection (c-5) of Section 11-20.1
1414	1414	10 of the Criminal Code of 1961 or the Criminal Code of 2012,
1415	1415	11 if committed on or after January 1, 2009 and except as
1416	1416	12 provided in paragraph (4) or paragraph (6) of this
1417	1417	13 subsection (d), the term of mandatory supervised release
1418	1418	14 shall be as follows:
1419	1419	15 (A) Class X felony, 3 years;
1420	1420	16 (B) Class 1 or Class 2 felonies, 2 years;
1421	1421	17 (C) Class 3 or Class 4 felonies, 1 year.
1422	1422	18 (e) (Blank).
1423	1423	19 (f) (Blank).
1424	1424	20 (g) Notwithstanding any other provisions of this Act and
1425	1425	21 of Public Act 101-652: (i) the provisions of paragraph (3) of
1426	1426	22 subsection (d) are effective on July 1, 2022 and shall apply to
1427	1427	23 all individuals convicted on or after the effective date of
1428	1428	24 paragraph (3) of subsection (d); and (ii) the provisions of
1429	1429	25 paragraphs (1.5) and (2) of subsection (d) are effective on
1430	1430	26 July 1, 2021 and shall apply to all individuals convicted on or
1431	1431
1432	1432
1433	1433
1434	1434
1435	1435
1436	1436	SB2585 - 39 - LRB103 32533 JDS 62107 b
1437	1437
1438	1438
1439	1439	SB2585- 40 -LRB103 32533 JDS 62107 b SB2585 - 40 - LRB103 32533 JDS 62107 b
1440	1440	SB2585 - 40 - LRB103 32533 JDS 62107 b
1441	1441	1 after the effective date of paragraphs (1.5) and (2) of
1442	1442	2 subsection (d).
1443	1443	3 (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
1444	1444	4 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
1445	1445	5 1-7-22; 102-1104, eff. 12-6-22.)
1446	1446
1447	1447
1448	1448
1449	1449
1450	1450
1451	1451	SB2585 - 40 - LRB103 32533 JDS 62107 b