Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2809 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 SB2809 Introduced 1/17/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life imprisonment for first degree murder if the defendant, at the time of the commission of the murder, had attained the age of 18, and is found guilty of the first degree murder of a child under the age of 5 who is determined by the court, upon testimony of a physician, to have died from abusive head trauma caused by the defendant. Provides that "abusive head trauma" includes shaken baby syndrome. Defines "abusive head trauma" and shaken baby syndrome". LRB103 35618 RLC 65692 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2809 Introduced 1/17/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life imprisonment for first degree murder if the defendant, at the time of the commission of the murder, had attained the age of 18, and is found guilty of the first degree murder of a child under the age of 5 who is determined by the court, upon testimony of a physician, to have died from abusive head trauma caused by the defendant. Provides that "abusive head trauma" includes shaken baby syndrome. Defines "abusive head trauma" and shaken baby syndrome". LRB103 35618 RLC 65692 b LRB103 35618 RLC 65692 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2809 Introduced 1/17/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
3	3	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
4	4	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
5	5	Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life imprisonment for first degree murder if the defendant, at the time of the commission of the murder, had attained the age of 18, and is found guilty of the first degree murder of a child under the age of 5 who is determined by the court, upon testimony of a physician, to have died from abusive head trauma caused by the defendant. Provides that "abusive head trauma" includes shaken baby syndrome. Defines "abusive head trauma" and shaken baby syndrome".
6	6	LRB103 35618 RLC 65692 b LRB103 35618 RLC 65692 b
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8	8	A BILL FOR
9	9	SB2809LRB103 35618 RLC 65692 b SB2809 LRB103 35618 RLC 65692 b
10	10	SB2809 LRB103 35618 RLC 65692 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Unified Code of Corrections is amended by
15	15	5 changing Section 5-8-1 as follows:
16	16	6 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
17	17	7 (Text of Section before amendment by P.A. 103-51)
18	18	8 Sec. 5-8-1. Natural life imprisonment; enhancements for
19	19	9 use of a firearm; mandatory supervised release terms.
20	20	10 (a) Except as otherwise provided in the statute defining
21	21	11 the offense or in Article 4.5 of Chapter V, a sentence of
22	22	12 imprisonment for a felony shall be a determinate sentence set
23	23	13 by the court under this Section, subject to Section 5-4.5-115
24	24	14 of this Code, according to the following limitations:
25	25	15 (1) for first degree murder,
26	26	16 (a) (blank),
27	27	17 (b) if a trier of fact finds beyond a reasonable
28	28	18 doubt that the murder was accompanied by exceptionally
29	29	19 brutal or heinous behavior indicative of wanton
30	30	20 cruelty or, except as set forth in subsection
31	31	21 (a)(1)(c) of this Section, that any of the aggravating
32	32	22 factors listed in subsection (b) or (b-5) of Section
33	33	23 9-1 of the Criminal Code of 1961 or the Criminal Code
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2809 Introduced 1/17/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
38	38	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
39	39	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
40	40	Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life imprisonment for first degree murder if the defendant, at the time of the commission of the murder, had attained the age of 18, and is found guilty of the first degree murder of a child under the age of 5 who is determined by the court, upon testimony of a physician, to have died from abusive head trauma caused by the defendant. Provides that "abusive head trauma" includes shaken baby syndrome. Defines "abusive head trauma" and shaken baby syndrome".
41	41	LRB103 35618 RLC 65692 b LRB103 35618 RLC 65692 b
42	42	LRB103 35618 RLC 65692 b
43	43	A BILL FOR
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68	68	1 of 2012 are present, the court may sentence the
69	69	2 defendant, subject to Section 5-4.5-105, to a term of
70	70	3 natural life imprisonment, or
71	71	4 (c) the court shall sentence the defendant to a
72	72	5 term of natural life imprisonment if the defendant, at
73	73	6 the time of the commission of the murder, had attained
74	74	7 the age of 18, and:
75	75	8 (i) has previously been convicted of first
76	76	9 degree murder under any state or federal law, or
77	77	10 (ii) is found guilty of murdering more than
78	78	11 one victim, or
79	79	12 (iii) is found guilty of murdering a peace
80	80	13 officer, fireman, or emergency management worker
81	81	14 when the peace officer, fireman, or emergency
82	82	15 management worker was killed in the course of
83	83	16 performing his official duties, or to prevent the
84	84	17 peace officer or fireman from performing his
85	85	18 official duties, or in retaliation for the peace
86	86	19 officer, fireman, or emergency management worker
87	87	20 from performing his official duties, and the
88	88	21 defendant knew or should have known that the
89	89	22 murdered individual was a peace officer, fireman,
90	90	23 or emergency management worker, or
91	91	24 (iv) is found guilty of murdering an employee
92	92	25 of an institution or facility of the Department of
93	93	26 Corrections, or any similar local correctional
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104	104	1 agency, when the employee was killed in the course
105	105	2 of performing his official duties, or to prevent
106	106	3 the employee from performing his official duties,
107	107	4 or in retaliation for the employee performing his
108	108	5 official duties, or
109	109	6 (v) is found guilty of murdering an emergency
110	110	7 medical technician - ambulance, emergency medical
111	111	8 technician - intermediate, emergency medical
112	112	9 technician - paramedic, ambulance driver or other
113	113	10 medical assistance or first aid person while
114	114	11 employed by a municipality or other governmental
115	115	12 unit when the person was killed in the course of
116	116	13 performing official duties or to prevent the
117	117	14 person from performing official duties or in
118	118	15 retaliation for performing official duties and the
119	119	16 defendant knew or should have known that the
120	120	17 murdered individual was an emergency medical
121	121	18 technician - ambulance, emergency medical
122	122	19 technician - intermediate, emergency medical
123	123	20 technician - paramedic, ambulance driver, or other
124	124	21 medical assistant or first aid personnel, or
125	125	22 (vi) (blank), or
126	126	23 (vii) is found guilty of first degree murder
127	127	24 and the murder was committed by reason of any
128	128	25 person's activity as a community policing
129	129	26 volunteer or to prevent any person from engaging
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140	140	1 in activity as a community policing volunteer. For
141	141	2 the purpose of this Section, "community policing
142	142	3 volunteer" has the meaning ascribed to it in
143	143	4 Section 2-3.5 of the Criminal Code of 2012.
144	144	5 For purposes of clause (v), "emergency medical
145	145	6 technician - ambulance", "emergency medical technician -
146	146	7 intermediate", "emergency medical technician -
147	147	8 paramedic", have the meanings ascribed to them in the
148	148	9 Emergency Medical Services (EMS) Systems Act.
149	149	10 (d)(i) if the person committed the offense while
150	150	11 armed with a firearm, 15 years shall be added to
151	151	12 the term of imprisonment imposed by the court;
152	152	13 (ii) if, during the commission of the offense, the
153	153	14 person personally discharged a firearm, 20 years shall
154	154	15 be added to the term of imprisonment imposed by the
155	155	16 court;
156	156	17 (iii) if, during the commission of the offense,
157	157	18 the person personally discharged a firearm that
158	158	19 proximately caused great bodily harm, permanent
159	159	20 disability, permanent disfigurement, or death to
160	160	21 another person, 25 years or up to a term of natural
161	161	22 life shall be added to the term of imprisonment
162	162	23 imposed by the court.
163	163	24 (2) (blank);
164	164	25 (2.5) for a person who has attained the age of 18 years
165	165	26 at the time of the commission of the offense and who is
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176	176	1 convicted under the circumstances described in subdivision
177	177	2 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
178	178	3 subsection (b) of Section 12-13, subdivision (d)(2) of
179	179	4 Section 11-1.30 or paragraph (2) of subsection (d) of
180	180	5 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
181	181	6 paragraph (1.2) of subsection (b) of Section 12-14.1,
182	182	7 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
183	183	8 subsection (b) of Section 12-14.1 of the Criminal Code of
184	184	9 1961 or the Criminal Code of 2012, the sentence shall be a
185	185	10 term of natural life imprisonment.
186	186	11 (b) (Blank).
187	187	12 (c) (Blank).
188	188	13 (d) Subject to earlier termination under Section 3-3-8,
189	189	14 the parole or mandatory supervised release term shall be
190	190	15 written as part of the sentencing order and shall be as
191	191	16 follows:
192	192	17 (1) for first degree murder or for the offenses of
193	193	18 predatory criminal sexual assault of a child, aggravated
194	194	19 criminal sexual assault, and criminal sexual assault if
195	195	20 committed on or before December 12, 2005, 3 years;
196	196	21 (1.5) except as provided in paragraph (7) of this
197	197	22 subsection (d), for a Class X felony except for the
198	198	23 offenses of predatory criminal sexual assault of a child,
199	199	24 aggravated criminal sexual assault, and criminal sexual
200	200	25 assault if committed on or after December 13, 2005 (the
201	201	26 effective date of Public Act 94-715) and except for the
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212	212	1 offense of aggravated child pornography under Section
213	213	2 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
214	214	3 subsection (c-5) of Section 11-20.1 of the Criminal Code
215	215	4 of 1961 or the Criminal Code of 2012, if committed on or
216	216	5 after January 1, 2009, 18 months;
217	217	6 (2) except as provided in paragraph (7) of this
218	218	7 subsection (d), for a Class 1 felony or a Class 2 felony
219	219	8 except for the offense of criminal sexual assault if
220	220	9 committed on or after December 13, 2005 (the effective
221	221	10 date of Public Act 94-715) and except for the offenses of
222	222	11 manufacture and dissemination of child pornography under
223	223	12 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
224	224	13 Criminal Code of 1961 or the Criminal Code of 2012, if
225	225	14 committed on or after January 1, 2009, 12 months;
226	226	15 (3) except as provided in paragraph (4), (6), or (7)
227	227	16 of this subsection (d), for a Class 3 felony or a Class 4
228	228	17 felony, 6 months; no later than 45 days after the onset of
229	229	18 the term of mandatory supervised release, the Prisoner
230	230	19 Review Board shall conduct a discretionary discharge
231	231	20 review pursuant to the provisions of Section 3-3-8, which
232	232	21 shall include the results of a standardized risk and needs
233	233	22 assessment tool administered by the Department of
234	234	23 Corrections; the changes to this paragraph (3) made by
235	235	24 this amendatory Act of the 102nd General Assembly apply to
236	236	25 all individuals released on mandatory supervised release
237	237	26 on or after the effective date of this amendatory Act of
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248	248	1 the 102nd General Assembly, including those individuals
249	249	2 whose sentences were imposed prior to the effective date
250	250	3 of this amendatory Act of the 102nd General Assembly;
251	251	4 (4) for defendants who commit the offense of predatory
252	252	5 criminal sexual assault of a child, aggravated criminal
253	253	6 sexual assault, or criminal sexual assault, on or after
254	254	7 December 13, 2005 (the effective date of Public Act
255	255	8 94-715), or who commit the offense of aggravated child
256	256	9 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
257	257	10 with sentencing under subsection (c-5) of Section 11-20.1
258	258	11 of the Criminal Code of 1961 or the Criminal Code of 2012,
259	259	12 manufacture of child pornography, or dissemination of
260	260	13 child pornography after January 1, 2009, the term of
261	261	14 mandatory supervised release shall range from a minimum of
262	262	15 3 years to a maximum of the natural life of the defendant;
263	263	16 (5) if the victim is under 18 years of age, for a
264	264	17 second or subsequent offense of aggravated criminal sexual
265	265	18 abuse or felony criminal sexual abuse, 4 years, at least
266	266	19 the first 2 years of which the defendant shall serve in an
267	267	20 electronic monitoring or home detention program under
268	268	21 Article 8A of Chapter V of this Code;
269	269	22 (6) for a felony domestic battery, aggravated domestic
270	270	23 battery, stalking, aggravated stalking, and a felony
271	271	24 violation of an order of protection, 4 years;
272	272	25 (7) for any felony described in paragraph (a)(2)(ii),
273	273	26 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
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284	284	1 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
285	285	2 3-6-3 of the Unified Code of Corrections requiring an
286	286	3 inmate to serve a minimum of 85% of their court-imposed
287	287	4 sentence, except for the offenses of predatory criminal
288	288	5 sexual assault of a child, aggravated criminal sexual
289	289	6 assault, and criminal sexual assault if committed on or
290	290	7 after December 13, 2005 (the effective date of Public Act
291	291	8 94-715) and except for the offense of aggravated child
292	292	9 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
293	293	10 with sentencing under subsection (c-5) of Section 11-20.1
294	294	11 of the Criminal Code of 1961 or the Criminal Code of 2012,
295	295	12 if committed on or after January 1, 2009 and except as
296	296	13 provided in paragraph (4) or paragraph (6) of this
297	297	14 subsection (d), the term of mandatory supervised release
298	298	15 shall be as follows:
299	299	16 (A) Class X felony, 3 years;
300	300	17 (B) Class 1 or Class 2 felonies, 2 years;
301	301	18 (C) Class 3 or Class 4 felonies, 1 year.
302	302	19 (e) (Blank).
303	303	20 (f) (Blank).
304	304	21 (g) Notwithstanding any other provisions of this Act and
305	305	22 of Public Act 101-652: (i) the provisions of paragraph (3) of
306	306	23 subsection (d) are effective on July 1, 2022 and shall apply to
307	307	24 all individuals convicted on or after the effective date of
308	308	25 paragraph (3) of subsection (d); and (ii) the provisions of
309	309	26 paragraphs (1.5) and (2) of subsection (d) are effective on
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320	320	1 July 1, 2021 and shall apply to all individuals convicted on or
321	321	2 after the effective date of paragraphs (1.5) and (2) of
322	322	3 subsection (d).
323	323	4 (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
324	324	5 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
325	325	6 1-7-22; 102-1104, eff. 12-6-22.)
326	326	7 (Text of Section after amendment by P.A. 103-51)
327	327	8 Sec. 5-8-1. Natural life imprisonment; enhancements for
328	328	9 use of a firearm; mandatory supervised release terms.
329	329	10 (a) Except as otherwise provided in the statute defining
330	330	11 the offense or in Article 4.5 of Chapter V, a sentence of
331	331	12 imprisonment for a felony shall be a determinate sentence set
332	332	13 by the court under this Section, subject to Section 5-4.5-115
333	333	14 of this Code, according to the following limitations:
334	334	15 (1) for first degree murder,
335	335	16 (a) (blank),
336	336	17 (b) if a trier of fact finds beyond a reasonable
337	337	18 doubt that the murder was accompanied by exceptionally
338	338	19 brutal or heinous behavior indicative of wanton
339	339	20 cruelty or, except as set forth in subsection
340	340	21 (a)(1)(c) of this Section, that any of the aggravating
341	341	22 factors listed in subparagraph (b-5) are present, the
342	342	23 court may sentence the defendant, subject to Section
343	343	24 5-4.5-105, to a term of natural life imprisonment, or
344	344	25 (b-5) A defendant who at the time of the
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355	355	1 commission of the offense has attained the age of 18 or
356	356	2 more and who has been found guilty of first degree
357	357	3 murder may be sentenced to a term of natural life
358	358	4 imprisonment if:
359	359	5 (1) the murdered individual was an inmate at
360	360	6 an institution or facility of the Department of
361	361	7 Corrections, or any similar local correctional
362	362	8 agency and was killed on the grounds thereof, or
363	363	9 the murdered individual was otherwise present in
364	364	10 such institution or facility with the knowledge
365	365	11 and approval of the chief administrative officer
366	366	12 thereof;
367	367	13 (2) the murdered individual was killed as a
368	368	14 result of the hijacking of an airplane, train,
369	369	15 ship, bus, or other public conveyance;
370	370	16 (3) the defendant committed the murder
371	371	17 pursuant to a contract, agreement, or
372	372	18 understanding by which he or she was to receive
373	373	19 money or anything of value in return for
374	374	20 committing the murder or procured another to
375	375	21 commit the murder for money or anything of value;
376	376	22 (4) the murdered individual was killed in the
377	377	23 course of another felony if:
378	378	24 (A) the murdered individual:
379	379	25 (i) was actually killed by the
380	380	26 defendant, or
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391	391	1 (ii) received physical injuries
392	392	2 personally inflicted by the defendant
393	393	3 substantially contemporaneously with
394	394	4 physical injuries caused by one or more
395	395	5 persons for whose conduct the defendant is
396	396	6 legally accountable under Section 5-2 of
397	397	7 this Code, and the physical injuries
398	398	8 inflicted by either the defendant or the
399	399	9 other person or persons for whose conduct
400	400	10 he is legally accountable caused the death
401	401	11 of the murdered individual; and (B) in
402	402	12 performing the acts which caused the death
403	403	13 of the murdered individual or which
404	404	14 resulted in physical injuries personally
405	405	15 inflicted by the defendant on the murdered
406	406	16 individual under the circumstances of
407	407	17 subdivision (ii) of clause (A) of this
408	408	18 clause (4), the defendant acted with the
409	409	19 intent to kill the murdered individual or
410	410	20 with the knowledge that his or her acts
411	411	21 created a strong probability of death or
412	412	22 great bodily harm to the murdered
413	413	23 individual or another; and
414	414	24 (B) in performing the acts which caused
415	415	25 the death of the murdered individual or which
416	416	26 resulted in physical injuries personally
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427	427	1 inflicted by the defendant on the murdered
428	428	2 individual under the circumstances of
429	429	3 subdivision (ii) of clause (A) of this clause
430	430	4 (4), the defendant acted with the intent to
431	431	5 kill the murdered individual or with the
432	432	6 knowledge that his or her acts created a
433	433	7 strong probability of death or great bodily
434	434	8 harm to the murdered individual or another;
435	435	9 and
436	436	10 (C) the other felony was an inherently
437	437	11 violent crime or the attempt to commit an
438	438	12 inherently violent crime. In this clause (C),
439	439	13 "inherently violent crime" includes, but is
440	440	14 not limited to, armed robbery, robbery,
441	441	15 predatory criminal sexual assault of a child,
442	442	16 aggravated criminal sexual assault, aggravated
443	443	17 kidnapping, aggravated vehicular hijacking,
444	444	18 aggravated arson, aggravated stalking,
445	445	19 residential burglary, and home invasion;
446	446	20 (5) the defendant committed the murder with
447	447	21 intent to prevent the murdered individual from
448	448	22 testifying or participating in any criminal
449	449	23 investigation or prosecution or giving material
450	450	24 assistance to the State in any investigation or
451	451	25 prosecution, either against the defendant or
452	452	26 another; or the defendant committed the murder
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463	463	1 because the murdered individual was a witness in
464	464	2 any prosecution or gave material assistance to the
465	465	3 State in any investigation or prosecution, either
466	466	4 against the defendant or another; for purposes of
467	467	5 this clause (5), "participating in any criminal
468	468	6 investigation or prosecution" is intended to
469	469	7 include those appearing in the proceedings in any
470	470	8 capacity such as trial judges, prosecutors,
471	471	9 defense attorneys, investigators, witnesses, or
472	472	10 jurors;
473	473	11 (6) the defendant, while committing an offense
474	474	12 punishable under Section 401, 401.1, 401.2, 405,
475	475	13 405.2, 407 or 407.1 or subsection (b) of Section
476	476	14 404 of the Illinois Controlled Substances Act, or
477	477	15 while engaged in a conspiracy or solicitation to
478	478	16 commit such offense, intentionally killed an
479	479	17 individual or counseled, commanded, induced,
480	480	18 procured or caused the intentional killing of the
481	481	19 murdered individual;
482	482	20 (7) the defendant was incarcerated in an
483	483	21 institution or facility of the Department of
484	484	22 Corrections at the time of the murder, and while
485	485	23 committing an offense punishable as a felony under
486	486	24 Illinois law, or while engaged in a conspiracy or
487	487	25 solicitation to commit such offense, intentionally
488	488	26 killed an individual or counseled, commanded,
489	489
490	490
491	491
492	492
493	493
494	494	SB2809 - 13 - LRB103 35618 RLC 65692 b
495	495
496	496
497	497	SB2809- 14 -LRB103 35618 RLC 65692 b SB2809 - 14 - LRB103 35618 RLC 65692 b
498	498	SB2809 - 14 - LRB103 35618 RLC 65692 b
499	499	1 induced, procured or caused the intentional
500	500	2 killing of the murdered individual;
501	501	3 (8) the murder was committed in a cold,
502	502	4 calculated and premeditated manner pursuant to a
503	503	5 preconceived plan, scheme or design to take a
504	504	6 human life by unlawful means, and the conduct of
505	505	7 the defendant created a reasonable expectation
506	506	8 that the death of a human being would result
507	507	9 therefrom;
508	508	10 (9) the defendant was a principal
509	509	11 administrator, organizer, or leader of a
510	510	12 calculated criminal drug conspiracy consisting of
511	511	13 a hierarchical position of authority superior to
512	512	14 that of all other members of the conspiracy, and
513	513	15 the defendant counseled, commanded, induced,
514	514	16 procured, or caused the intentional killing of the
515	515	17 murdered person;
516	516	18 (10) the murder was intentional and involved
517	517	19 the infliction of torture. For the purpose of this
518	518	20 clause (10), torture means the infliction of or
519	519	21 subjection to extreme physical pain, motivated by
520	520	22 an intent to increase or prolong the pain,
521	521	23 suffering or agony of the victim;
522	522	24 (11) the murder was committed as a result of
523	523	25 the intentional discharge of a firearm by the
524	524	26 defendant from a motor vehicle and the victim was
525	525
526	526
527	527
528	528
529	529
530	530	SB2809 - 14 - LRB103 35618 RLC 65692 b
531	531
532	532
533	533	SB2809- 15 -LRB103 35618 RLC 65692 b SB2809 - 15 - LRB103 35618 RLC 65692 b
534	534	SB2809 - 15 - LRB103 35618 RLC 65692 b
535	535	1 not present within the motor vehicle;
536	536	2 (12) the murdered individual was a person with
537	537	3 a disability and the defendant knew or should have
538	538	4 known that the murdered individual was a person
539	539	5 with a disability. For purposes of this clause
540	540	6 (12), "person with a disability" means a person
541	541	7 who suffers from a permanent physical or mental
542	542	8 impairment resulting from disease, an injury, a
543	543	9 functional disorder, or a congenital condition
544	544	10 that renders the person incapable of adequately
545	545	11 providing for his or her own health or personal
546	546	12 care;
547	547	13 (13) the murdered individual was subject to an
548	548	14 order of protection and the murder was committed
549	549	15 by a person against whom the same order of
550	550	16 protection was issued under the Illinois Domestic
551	551	17 Violence Act of 1986;
552	552	18 (14) the murdered individual was known by the
553	553	19 defendant to be a teacher or other person employed
554	554	20 in any school and the teacher or other employee is
555	555	21 upon the grounds of a school or grounds adjacent
556	556	22 to a school, or is in any part of a building used
557	557	23 for school purposes;
558	558	24 (15) the murder was committed by the defendant
559	559	25 in connection with or as a result of the offense of
560	560	26 terrorism as defined in Section 29D-14.9 of this
561	561
562	562
563	563
564	564
565	565
566	566	SB2809 - 15 - LRB103 35618 RLC 65692 b
567	567
568	568
569	569	SB2809- 16 -LRB103 35618 RLC 65692 b SB2809 - 16 - LRB103 35618 RLC 65692 b
570	570	SB2809 - 16 - LRB103 35618 RLC 65692 b
571	571	1 Code;
572	572	2 (16) the murdered individual was a member of a
573	573	3 congregation engaged in prayer or other religious
574	574	4 activities at a church, synagogue, mosque, or
575	575	5 other building, structure, or place used for
576	576	6 religious worship; or
577	577	7 (17)(i) the murdered individual was a
578	578	8 physician, physician assistant, psychologist,
579	579	9 nurse, or advanced practice registered nurse;
580	580	10 (ii) the defendant knew or should have known
581	581	11 that the murdered individual was a physician,
582	582	12 physician assistant, psychologist, nurse, or
583	583	13 advanced practice registered nurse; and
584	584	14 (iii) the murdered individual was killed in
585	585	15 the course of acting in his or her capacity as a
586	586	16 physician, physician assistant, psychologist,
587	587	17 nurse, or advanced practice registered nurse, or
588	588	18 to prevent him or her from acting in that
589	589	19 capacity, or in retaliation for his or her acting
590	590	20 in that capacity.
591	591	21 (c) the court shall sentence the defendant to a
592	592	22 term of natural life imprisonment if the defendant, at
593	593	23 the time of the commission of the murder, had attained
594	594	24 the age of 18, and:
595	595	25 (i) has previously been convicted of first
596	596	26 degree murder under any state or federal law, or
597	597
598	598
599	599
600	600
601	601
602	602	SB2809 - 16 - LRB103 35618 RLC 65692 b
603	603
604	604
605	605	SB2809- 17 -LRB103 35618 RLC 65692 b SB2809 - 17 - LRB103 35618 RLC 65692 b
606	606	SB2809 - 17 - LRB103 35618 RLC 65692 b
607	607	1 (ii) is found guilty of murdering more than
608	608	2 one victim, or
609	609	3 (iii) is found guilty of murdering a peace
610	610	4 officer, fireman, or emergency management worker
611	611	5 when the peace officer, fireman, or emergency
612	612	6 management worker was killed in the course of
613	613	7 performing his official duties, or to prevent the
614	614	8 peace officer or fireman from performing his
615	615	9 official duties, or in retaliation for the peace
616	616	10 officer, fireman, or emergency management worker
617	617	11 from performing his official duties, and the
618	618	12 defendant knew or should have known that the
619	619	13 murdered individual was a peace officer, fireman,
620	620	14 or emergency management worker, or
621	621	15 (iv) is found guilty of murdering an employee
622	622	16 of an institution or facility of the Department of
623	623	17 Corrections, or any similar local correctional
624	624	18 agency, when the employee was killed in the course
625	625	19 of performing his official duties, or to prevent
626	626	20 the employee from performing his official duties,
627	627	21 or in retaliation for the employee performing his
628	628	22 official duties, or
629	629	23 (v) is found guilty of murdering an emergency
630	630	24 medical technician - ambulance, emergency medical
631	631	25 technician - intermediate, emergency medical
632	632	26 technician - paramedic, ambulance driver or other
633	633
634	634
635	635
636	636
637	637
638	638	SB2809 - 17 - LRB103 35618 RLC 65692 b
639	639
640	640
641	641	SB2809- 18 -LRB103 35618 RLC 65692 b SB2809 - 18 - LRB103 35618 RLC 65692 b
642	642	SB2809 - 18 - LRB103 35618 RLC 65692 b
643	643	1 medical assistance or first aid person while
644	644	2 employed by a municipality or other governmental
645	645	3 unit when the person was killed in the course of
646	646	4 performing official duties or to prevent the
647	647	5 person from performing official duties or in
648	648	6 retaliation for performing official duties and the
649	649	7 defendant knew or should have known that the
650	650	8 murdered individual was an emergency medical
651	651	9 technician - ambulance, emergency medical
652	652	10 technician - intermediate, emergency medical
653	653	11 technician - paramedic, ambulance driver, or other
654	654	12 medical assistant or first aid personnel, or
655	655	13 (vi) (blank), or
656	656	14 (vii) is found guilty of first degree murder
657	657	15 and the murder was committed by reason of any
658	658	16 person's activity as a community policing
659	659	17 volunteer or to prevent any person from engaging
660	660	18 in activity as a community policing volunteer. For
661	661	19 the purpose of this Section, "community policing
662	662	20 volunteer" has the meaning ascribed to it in
663	663	21 Section 2-3.5 of the Criminal Code of 2012, or
664	664	22 (viii) is found guilty of the first degree
665	665	23 murder of a child under the age of 5 who is
666	666	24 determined by the court, upon testimony of a
667	667	25 physician, to have died from abusive head trauma
668	668	26 caused by the defendant.
669	669
670	670
671	671
672	672
673	673
674	674	SB2809 - 18 - LRB103 35618 RLC 65692 b
675	675
676	676
677	677	SB2809- 19 -LRB103 35618 RLC 65692 b SB2809 - 19 - LRB103 35618 RLC 65692 b
678	678	SB2809 - 19 - LRB103 35618 RLC 65692 b
679	679	1 As used in clause (viii):
680	680	2 "Abusive head trauma" means a head injury that is
681	681	3 caused by shaking, throwing, hitting, slamming, or
682	682	4 jerking. "Abusive head trauma" includes shaken baby
683	683	5 syndrome.
684	684	6 "Shaken baby syndrome" means a severe form of head
685	685	7 injury that occurs when an infant or young child is
686	686	8 shaken or thrown forcibly enough to cause the brain to
687	687	9 rebound against the skull.
688	688	10 For purposes of clause (v), "emergency medical
689	689	11 technician - ambulance", "emergency medical technician -
690	690	12 intermediate", "emergency medical technician -
691	691	13 paramedic", have the meanings ascribed to them in the
692	692	14 Emergency Medical Services (EMS) Systems Act.
693	693	15 (d)(i) if the person committed the offense while
694	694	16 armed with a firearm, 15 years shall be added to
695	695	17 the term of imprisonment imposed by the court;
696	696	18 (ii) if, during the commission of the offense, the
697	697	19 person personally discharged a firearm, 20 years shall
698	698	20 be added to the term of imprisonment imposed by the
699	699	21 court;
700	700	22 (iii) if, during the commission of the offense,
701	701	23 the person personally discharged a firearm that
702	702	24 proximately caused great bodily harm, permanent
703	703	25 disability, permanent disfigurement, or death to
704	704	26 another person, 25 years or up to a term of natural
705	705
706	706
707	707
708	708
709	709
710	710	SB2809 - 19 - LRB103 35618 RLC 65692 b
711	711
712	712
713	713	SB2809- 20 -LRB103 35618 RLC 65692 b SB2809 - 20 - LRB103 35618 RLC 65692 b
714	714	SB2809 - 20 - LRB103 35618 RLC 65692 b
715	715	1 life shall be added to the term of imprisonment
716	716	2 imposed by the court.
717	717	3 (2) (blank);
718	718	4 (2.5) for a person who has attained the age of 18 years
719	719	5 at the time of the commission of the offense and who is
720	720	6 convicted under the circumstances described in subdivision
721	721	7 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
722	722	8 subsection (b) of Section 12-13, subdivision (d)(2) of
723	723	9 Section 11-1.30 or paragraph (2) of subsection (d) of
724	724	10 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
725	725	11 paragraph (1.2) of subsection (b) of Section 12-14.1,
726	726	12 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
727	727	13 subsection (b) of Section 12-14.1 of the Criminal Code of
728	728	14 1961 or the Criminal Code of 2012, the sentence shall be a
729	729	15 term of natural life imprisonment.
730	730	16 (b) (Blank).
731	731	17 (c) (Blank).
732	732	18 (d) Subject to earlier termination under Section 3-3-8,
733	733	19 the parole or mandatory supervised release term shall be
734	734	20 written as part of the sentencing order and shall be as
735	735	21 follows:
736	736	22 (1) for first degree murder or for the offenses of
737	737	23 predatory criminal sexual assault of a child, aggravated
738	738	24 criminal sexual assault, and criminal sexual assault if
739	739	25 committed on or before December 12, 2005, 3 years;
740	740	26 (1.5) except as provided in paragraph (7) of this
741	741
742	742
743	743
744	744
745	745
746	746	SB2809 - 20 - LRB103 35618 RLC 65692 b
747	747
748	748
749	749	SB2809- 21 -LRB103 35618 RLC 65692 b SB2809 - 21 - LRB103 35618 RLC 65692 b
750	750	SB2809 - 21 - LRB103 35618 RLC 65692 b
751	751	1 subsection (d), for a Class X felony except for the
752	752	2 offenses of predatory criminal sexual assault of a child,
753	753	3 aggravated criminal sexual assault, and criminal sexual
754	754	4 assault if committed on or after December 13, 2005 (the
755	755	5 effective date of Public Act 94-715) and except for the
756	756	6 offense of aggravated child pornography under Section
757	757	7 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
758	758	8 subsection (c-5) of Section 11-20.1 of the Criminal Code
759	759	9 of 1961 or the Criminal Code of 2012, if committed on or
760	760	10 after January 1, 2009, 18 months;
761	761	11 (2) except as provided in paragraph (7) of this
762	762	12 subsection (d), for a Class 1 felony or a Class 2 felony
763	763	13 except for the offense of criminal sexual assault if
764	764	14 committed on or after December 13, 2005 (the effective
765	765	15 date of Public Act 94-715) and except for the offenses of
766	766	16 manufacture and dissemination of child pornography under
767	767	17 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
768	768	18 Criminal Code of 1961 or the Criminal Code of 2012, if
769	769	19 committed on or after January 1, 2009, 12 months;
770	770	20 (3) except as provided in paragraph (4), (6), or (7)
771	771	21 of this subsection (d), for a Class 3 felony or a Class 4
772	772	22 felony, 6 months; no later than 45 days after the onset of
773	773	23 the term of mandatory supervised release, the Prisoner
774	774	24 Review Board shall conduct a discretionary discharge
775	775	25 review pursuant to the provisions of Section 3-3-8, which
776	776	26 shall include the results of a standardized risk and needs
777	777
778	778
779	779
780	780
781	781
782	782	SB2809 - 21 - LRB103 35618 RLC 65692 b
783	783
784	784
785	785	SB2809- 22 -LRB103 35618 RLC 65692 b SB2809 - 22 - LRB103 35618 RLC 65692 b
786	786	SB2809 - 22 - LRB103 35618 RLC 65692 b
787	787	1 assessment tool administered by the Department of
788	788	2 Corrections; the changes to this paragraph (3) made by
789	789	3 this amendatory Act of the 102nd General Assembly apply to
790	790	4 all individuals released on mandatory supervised release
791	791	5 on or after the effective date of this amendatory Act of
792	792	6 the 102nd General Assembly, including those individuals
793	793	7 whose sentences were imposed prior to the effective date
794	794	8 of this amendatory Act of the 102nd General Assembly;
795	795	9 (4) for defendants who commit the offense of predatory
796	796	10 criminal sexual assault of a child, aggravated criminal
797	797	11 sexual assault, or criminal sexual assault, on or after
798	798	12 December 13, 2005 (the effective date of Public Act
799	799	13 94-715), or who commit the offense of aggravated child
800	800	14 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
801	801	15 with sentencing under subsection (c-5) of Section 11-20.1
802	802	16 of the Criminal Code of 1961 or the Criminal Code of 2012,
803	803	17 manufacture of child pornography, or dissemination of
804	804	18 child pornography after January 1, 2009, the term of
805	805	19 mandatory supervised release shall range from a minimum of
806	806	20 3 years to a maximum of the natural life of the defendant;
807	807	21 (5) if the victim is under 18 years of age, for a
808	808	22 second or subsequent offense of aggravated criminal sexual
809	809	23 abuse or felony criminal sexual abuse, 4 years, at least
810	810	24 the first 2 years of which the defendant shall serve in an
811	811	25 electronic monitoring or home detention program under
812	812	26 Article 8A of Chapter V of this Code;
813	813
814	814
815	815
816	816
817	817
818	818	SB2809 - 22 - LRB103 35618 RLC 65692 b
819	819
820	820
821	821	SB2809- 23 -LRB103 35618 RLC 65692 b SB2809 - 23 - LRB103 35618 RLC 65692 b
822	822	SB2809 - 23 - LRB103 35618 RLC 65692 b
823	823	1 (6) for a felony domestic battery, aggravated domestic
824	824	2 battery, stalking, aggravated stalking, and a felony
825	825	3 violation of an order of protection, 4 years;
826	826	4 (7) for any felony described in paragraph (a)(2)(ii),
827	827	5 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
828	828	6 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
829	829	7 3-6-3 of the Unified Code of Corrections requiring an
830	830	8 inmate to serve a minimum of 85% of their court-imposed
831	831	9 sentence, except for the offenses of predatory criminal
832	832	10 sexual assault of a child, aggravated criminal sexual
833	833	11 assault, and criminal sexual assault if committed on or
834	834	12 after December 13, 2005 (the effective date of Public Act
835	835	13 94-715) and except for the offense of aggravated child
836	836	14 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
837	837	15 with sentencing under subsection (c-5) of Section 11-20.1
838	838	16 of the Criminal Code of 1961 or the Criminal Code of 2012,
839	839	17 if committed on or after January 1, 2009 and except as
840	840	18 provided in paragraph (4) or paragraph (6) of this
841	841	19 subsection (d), the term of mandatory supervised release
842	842	20 shall be as follows:
843	843	21 (A) Class X felony, 3 years;
844	844	22 (B) Class 1 or Class 2 felonies, 2 years;
845	845	23 (C) Class 3 or Class 4 felonies, 1 year.
846	846	24 (e) (Blank).
847	847	25 (f) (Blank).
848	848	26 (g) Notwithstanding any other provisions of this Act and
849	849
850	850
851	851
852	852
853	853
854	854	SB2809 - 23 - LRB103 35618 RLC 65692 b
855	855
856	856
857	857	SB2809- 24 -LRB103 35618 RLC 65692 b SB2809 - 24 - LRB103 35618 RLC 65692 b
858	858	SB2809 - 24 - LRB103 35618 RLC 65692 b
859	859	1 of Public Act 101-652: (i) the provisions of paragraph (3) of
860	860	2 subsection (d) are effective on July 1, 2022 and shall apply to
861	861	3 all individuals convicted on or after the effective date of
862	862	4 paragraph (3) of subsection (d); and (ii) the provisions of
863	863	5 paragraphs (1.5) and (2) of subsection (d) are effective on
864	864	6 July 1, 2021 and shall apply to all individuals convicted on or
865	865	7 after the effective date of paragraphs (1.5) and (2) of
866	866	8 subsection (d).
867	867	9 (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
868	868	10 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
869	869	11 1-1-24.)
870	870
871	871
872	872
873	873
874	874
875	875	SB2809 - 24 - LRB103 35618 RLC 65692 b