Illinois 2025-2026 Regular Session

Illinois House Bill HB0005 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0005 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-4.5-105 Amends the Unified Code of Corrections. Provides that, on or after the effective date of the amendatory Act, when a person commits an offense and the person is under 21 years of age at the time of the commission of the offense, the court, at the sentencing hearing, shall consider certain additional factors in mitigation in determining the appropriate sentence. Provides, that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions, the court shall impose a sentence of not less than 40 years of imprisonment. Provides that, in addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense. LRB104 03393 RLC 13415 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0005 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-4.5-105 730 ILCS 5/5-4.5-105 Amends the Unified Code of Corrections. Provides that, on or after the effective date of the amendatory Act, when a person commits an offense and the person is under 21 years of age at the time of the commission of the offense, the court, at the sentencing hearing, shall consider certain additional factors in mitigation in determining the appropriate sentence. Provides, that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions, the court shall impose a sentence of not less than 40 years of imprisonment. Provides that, in addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense. LRB104 03393 RLC 13415 b LRB104 03393 RLC 13415 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0005 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3	3	730 ILCS 5/5-4.5-105 730 ILCS 5/5-4.5-105
4	4	730 ILCS 5/5-4.5-105
5	5	Amends the Unified Code of Corrections. Provides that, on or after the effective date of the amendatory Act, when a person commits an offense and the person is under 21 years of age at the time of the commission of the offense, the court, at the sentencing hearing, shall consider certain additional factors in mitigation in determining the appropriate sentence. Provides, that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions, the court shall impose a sentence of not less than 40 years of imprisonment. Provides that, in addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense.
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11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Unified Code of Corrections is amended by
15	15	5 changing Section 5-4.5-105 as follows:
16	16	6 (730 ILCS 5/5-4.5-105)
17	17	7 Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF
18	18	8 21 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
19	19	9 (a) On or after January 1, 2016 (the effective date of
20	20	10 Public Act 99-69 and before the effective date of this
21	21	11 amendatory Act of the 104th General Assembly), when a person
22	22	12 commits an offense and the person is under 18 years of age at
23	23	13 the time of the commission of the offense, the court, at the
24	24	14 sentencing hearing conducted under Section 5-4-1, shall
25	25	15 consider the following additional factors in mitigation in
26	26	16 determining the appropriate sentence:
27	27	17 (1) the person's age, impetuosity, and level of
28	28	18 maturity at the time of the offense, including the ability
29	29	19 to consider risks and consequences of behavior, and the
30	30	20 presence of cognitive or developmental disability, or
31	31	21 both, if any;
32	32	22 (2) whether the person was subjected to outside
33	33	23 pressure, including peer pressure, familial pressure, or
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0005 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
38	38	730 ILCS 5/5-4.5-105 730 ILCS 5/5-4.5-105
39	39	730 ILCS 5/5-4.5-105
40	40	Amends the Unified Code of Corrections. Provides that, on or after the effective date of the amendatory Act, when a person commits an offense and the person is under 21 years of age at the time of the commission of the offense, the court, at the sentencing hearing, shall consider certain additional factors in mitigation in determining the appropriate sentence. Provides, that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions, the court shall impose a sentence of not less than 40 years of imprisonment. Provides that, in addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense.
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68	68	1 negative influences;
69	69	2 (3) the person's family, home environment, educational
70	70	3 and social background, including any history of parental
71	71	4 neglect, domestic or sexual violence, sexual exploitation,
72	72	5 physical abuse, or other childhood trauma including
73	73	6 adverse childhood experiences (or ACEs);
74	74	7 (4) the person's potential for rehabilitation or
75	75	8 evidence of rehabilitation, or both;
76	76	9 (5) the circumstances of the offense;
77	77	10 (6) the person's degree of participation and specific
78	78	11 role in the offense, including the level of planning by
79	79	12 the defendant before the offense;
80	80	13 (7) whether the person was able to meaningfully
81	81	14 participate in his or her defense;
82	82	15 (8) the person's prior juvenile or criminal history;
83	83	16 (9) the person's involvement in the child welfare
84	84	17 system;
85	85	18 (10) involvement of the person in the community;
86	86	19 (11) if a comprehensive mental health evaluation of
87	87	20 the person was conducted by a qualified mental health
88	88	21 professional, the outcome of the evaluation; and
89	89	22 (12) any other information the court finds relevant
90	90	23 and reliable, including an expression of remorse, if
91	91	24 appropriate. However, if the person, on advice of counsel
92	92	25 chooses not to make a statement, the court shall not
93	93	26 consider a lack of an expression of remorse as an
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104	104	1 aggravating factor.
105	105	2 (a-5) On or after the effective date of this amendatory
106	106	3 Act of the 104th General Assembly, when a person commits an
107	107	4 offense and the person is under 21 years of age at the time of
108	108	5 the commission of the offense, the court, at the sentencing
109	109	6 hearing conducted under Section 5-4-1, shall consider the
110	110	7 following additional factors in mitigation in determining the
111	111	8 appropriate sentence:
112	112	9 (1) the person's age, impetuosity, and level of
113	113	10 maturity at the time of the offense, including the ability
114	114	11 to consider risks and consequences of behavior, and the
115	115	12 presence of cognitive or developmental disability, or
116	116	13 both, if any;
117	117	14 (2) whether the person was subjected to outside
118	118	15 pressure, including peer pressure, familial pressure, or
119	119	16 negative influences;
120	120	17 (3) the person's family, home environment, educational
121	121	18 and social background, including any history of parental
122	122	19 neglect, physical abuse, or other childhood trauma;
123	123	20 (4) the person's potential for rehabilitation or
124	124	21 evidence of rehabilitation, or both;
125	125	22 (5) the circumstances of the offense;
126	126	23 (6) the person's degree of participation and specific
127	127	24 role in the offense, including the level of planning by
128	128	25 the defendant before the offense;
129	129	26 (7) whether the person was able to meaningfully
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140	140	1 participate in his or her defense;
141	141	2 (8) the person's prior juvenile or criminal history;
142	142	3 and
143	143	4 (9) any other information the court finds relevant and
144	144	5 reliable, including an expression of remorse, if
145	145	6 appropriate. However, if the person, on advice of counsel
146	146	7 chooses not to make a statement, the court shall not
147	147	8 consider a lack of an expression of remorse as an
148	148	9 aggravating factor.
149	149	10 (b) The trial judge shall specify on the record its
150	150	11 consideration of the factors under subsection (a) of this
151	151	12 Section.
152	152	13 (c) Notwithstanding any other provision of law, if the
153	153	14 court determines by clear and convincing evidence that the
154	154	15 individual against whom the person is convicted of committing
155	155	16 the offense previously committed a crime under Section 10-9,
156	156	17 Section 11-1.20, Section 11-1.30, Section 11-1.40, Section
157	157	18 11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5,
158	158	19 Section 11-6.6, Section 11-9.1, Section 11-14.3, Section
159	159	20 11-14.4 or Section 11-18.1 of the Criminal Code of 2012
160	160	21 against the person within 3 years before the offense in which
161	161	22 the person was convicted, the court may, in its discretion:
162	162	23 (1) transfer the person to juvenile court for
163	163	24 sentencing under Section 5-710 of the Juvenile Court Act
164	164	25 of 1987;
165	165	26 (2) depart from any mandatory minimum sentence,
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176	176	1 maximum sentence, or sentencing enhancement; or
177	177	2 (3) suspend any portion of an otherwise applicable
178	178	3 sentence.
179	179	4 (d) Subsection (c) shall be construed as prioritizing the
180	180	5 successful treatment and rehabilitation of persons under 18
181	181	6 years of age who are sex crime victims who commit acts of
182	182	7 violence against their abusers. It is the General Assembly's
183	183	8 intent that these persons be viewed as victims and provided
184	184	9 treatment and services in the community and in the juvenile or
185	185	10 family court system.
186	186	11 (e) Except as provided in subsections (f) and (g), the
187	187	12 court may sentence the defendant to any disposition authorized
188	188	13 for the class of the offense of which he or she was found
189	189	14 guilty as described in Article 4.5 of this Code, and may, in
190	190	15 its discretion, decline to impose any otherwise applicable
191	191	16 sentencing enhancement based upon firearm possession,
192	192	17 possession with personal discharge, or possession with
193	193	18 personal discharge that proximately causes great bodily harm,
194	194	19 permanent disability, permanent disfigurement, or death to
195	195	20 another person.
196	196	21 (f) Notwithstanding any other provision of law, if the
197	197	22 defendant is under 18 at the time of the commission of the
198	198	23 offense and convicted of first degree murder and would
199	199	24 otherwise be subject to sentencing under clause (iii), (iv),
200	200	25 (v), or (vii) of subparagraph (c) of paragraph (1) of
201	201	26 subsection (a) of Section 5-8-1 of this Code based on the
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