Illinois 2025-2026 Regular Session

Illinois House Bill HB1835 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1835 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 720 ILCS 5/8-4 from Ch. 38, par. 8-4720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2720 ILCS 5/10-2 from Ch. 38, par. 10-2720 ILCS 5/11-1.30 was 720 ILCS 5/12-14720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1720 ILCS 5/12-3.05 was 720 ILCS 5/12-4720 ILCS 5/18-2 from Ch. 38, par. 18-2720 ILCS 5/18-4720 ILCS 5/19-6 was 720 ILCS 5/12-11730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm. Provides that the penalty for aggravated criminal sexual assault in which the defendant personally discharged the firearm in the commission of the offense is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court and up to 25 years may be added (rather than 25 years or up to a term of natural life imprisonment shall be added) to the term of imprisonment imposed by the court if the discharge proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person; Provides that the penalty for home invasion is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court if the defendant personally discharged a firearm during the commission of the offense. LRB104 07318 RLC 17357 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1835 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 720 ILCS 5/8-4 from Ch. 38, par. 8-4720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2720 ILCS 5/10-2 from Ch. 38, par. 10-2720 ILCS 5/11-1.30 was 720 ILCS 5/12-14720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1720 ILCS 5/12-3.05 was 720 ILCS 5/12-4720 ILCS 5/18-2 from Ch. 38, par. 18-2720 ILCS 5/18-4720 ILCS 5/19-6 was 720 ILCS 5/12-11730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/8-4 from Ch. 38, par. 8-4 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2 720 ILCS 5/10-2 from Ch. 38, par. 10-2 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14 720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/18-2 from Ch. 38, par. 18-2 720 ILCS 5/18-4 720 ILCS 5/19-6 was 720 ILCS 5/12-11 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm. Provides that the penalty for aggravated criminal sexual assault in which the defendant personally discharged the firearm in the commission of the offense is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court and up to 25 years may be added (rather than 25 years or up to a term of natural life imprisonment shall be added) to the term of imprisonment imposed by the court if the discharge proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person; Provides that the penalty for home invasion is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court if the defendant personally discharged a firearm during the commission of the offense. LRB104 07318 RLC 17357 b LRB104 07318 RLC 17357 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1835 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/8-4 from Ch. 38, par. 8-4720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2720 ILCS 5/10-2 from Ch. 38, par. 10-2720 ILCS 5/11-1.30 was 720 ILCS 5/12-14720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1720 ILCS 5/12-3.05 was 720 ILCS 5/12-4720 ILCS 5/18-2 from Ch. 38, par. 18-2720 ILCS 5/18-4720 ILCS 5/19-6 was 720 ILCS 5/12-11730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/8-4 from Ch. 38, par. 8-4 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2 720 ILCS 5/10-2 from Ch. 38, par. 10-2 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14 720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/18-2 from Ch. 38, par. 18-2 720 ILCS 5/18-4 720 ILCS 5/19-6 was 720 ILCS 5/12-11 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
4	4	720 ILCS 5/8-4 from Ch. 38, par. 8-4
5	5	720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
6	6	720 ILCS 5/10-2 from Ch. 38, par. 10-2
7	7	720 ILCS 5/11-1.30 was 720 ILCS 5/12-14
8	8	720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1
9	9	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
10	10	720 ILCS 5/18-2 from Ch. 38, par. 18-2
11	11	720 ILCS 5/18-4
12	12	720 ILCS 5/19-6 was 720 ILCS 5/12-11
13	13	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
14	14	Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm. Provides that the penalty for aggravated criminal sexual assault in which the defendant personally discharged the firearm in the commission of the offense is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court and up to 25 years may be added (rather than 25 years or up to a term of natural life imprisonment shall be added) to the term of imprisonment imposed by the court if the discharge proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person; Provides that the penalty for home invasion is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court if the defendant personally discharged a firearm during the commission of the offense.
15	15	LRB104 07318 RLC 17357 b LRB104 07318 RLC 17357 b
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17	17	A BILL FOR
18	18	HB1835LRB104 07318 RLC 17357 b HB1835 LRB104 07318 RLC 17357 b
19	19	HB1835 LRB104 07318 RLC 17357 b
20	20	1 AN ACT concerning criminal law.
21	21	2 Be it enacted by the People of the State of Illinois,
22	22	3 represented in the General Assembly:
23	23	4 Section 5. The Criminal Code of 2012 is amended by
24	24	5 changing Sections 8-4, 9-1.2, 10-2, 11-1.30, 11-1.40, 12-3.05,
25	25	6 18-2, 18-4, and 19-6 as follows:
26	26	7 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
27	27	8 Sec. 8-4. Attempt.
28	28	9 (a) Elements of the offense.
29	29	10 A person commits the offense of attempt when, with intent
30	30	11 to commit a specific offense, he or she does any act that
31	31	12 constitutes a substantial step toward the commission of that
32	32	13 offense.
33	33	14 (b) Impossibility.
34	34	15 It is not a defense to a charge of attempt that because of
35	35	16 a misapprehension of the circumstances it would have been
36	36	17 impossible for the accused to commit the offense attempted.
37	37	18 (c) Sentence.
38	38	19 A person convicted of attempt may be fined or imprisoned
39	39	20 or both not to exceed the maximum provided for the offense
40	40	21 attempted but, except for an attempt to commit the offense
41	41	22 defined in Section 33A-2 of this Code:
42	42	23 (1) the sentence for attempt to commit first degree
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46	46	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1835 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
47	47	720 ILCS 5/8-4 from Ch. 38, par. 8-4720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2720 ILCS 5/10-2 from Ch. 38, par. 10-2720 ILCS 5/11-1.30 was 720 ILCS 5/12-14720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1720 ILCS 5/12-3.05 was 720 ILCS 5/12-4720 ILCS 5/18-2 from Ch. 38, par. 18-2720 ILCS 5/18-4720 ILCS 5/19-6 was 720 ILCS 5/12-11730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 720 ILCS 5/8-4 from Ch. 38, par. 8-4 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2 720 ILCS 5/10-2 from Ch. 38, par. 10-2 720 ILCS 5/11-1.30 was 720 ILCS 5/12-14 720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/18-2 from Ch. 38, par. 18-2 720 ILCS 5/18-4 720 ILCS 5/19-6 was 720 ILCS 5/12-11 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
48	48	720 ILCS 5/8-4 from Ch. 38, par. 8-4
49	49	720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
50	50	720 ILCS 5/10-2 from Ch. 38, par. 10-2
51	51	720 ILCS 5/11-1.30 was 720 ILCS 5/12-14
52	52	720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1
53	53	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
54	54	720 ILCS 5/18-2 from Ch. 38, par. 18-2
55	55	720 ILCS 5/18-4
56	56	720 ILCS 5/19-6 was 720 ILCS 5/12-11
57	57	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
58	58	Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm. Provides that the penalty for aggravated criminal sexual assault in which the defendant personally discharged the firearm in the commission of the offense is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court and up to 25 years may be added (rather than 25 years or up to a term of natural life imprisonment shall be added) to the term of imprisonment imposed by the court if the discharge proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person; Provides that the penalty for home invasion is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court if the defendant personally discharged a firearm during the commission of the offense.
59	59	LRB104 07318 RLC 17357 b LRB104 07318 RLC 17357 b
60	60	LRB104 07318 RLC 17357 b
61	61	A BILL FOR
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67	67	720 ILCS 5/8-4 from Ch. 38, par. 8-4
68	68	720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
69	69	720 ILCS 5/10-2 from Ch. 38, par. 10-2
70	70	720 ILCS 5/11-1.30 was 720 ILCS 5/12-14
71	71	720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1
72	72	720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
73	73	720 ILCS 5/18-2 from Ch. 38, par. 18-2
74	74	720 ILCS 5/18-4
75	75	720 ILCS 5/19-6 was 720 ILCS 5/12-11
76	76	730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
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95	95	1 murder is the sentence for a Class X felony, except that
96	96	2 (A) an attempt to commit first degree murder when
97	97	3 at least one of the aggravating factors specified in
98	98	4 clauses (iii), (iv), and (v) of subsection (a)(1)(c)
99	99	5 of Section 5-8-1 of the Unified Code of Corrections is
100	100	6 present is a Class X felony for which the sentence
101	101	7 shall be a term of imprisonment of not less than 20
102	102	8 years and not more than 80 years;
103	103	9 (B) an attempt to commit first degree murder while
104	104	10 armed with a firearm is a Class X felony for which up
105	105	11 to 15 years may shall be added to the term of
106	106	12 imprisonment imposed by the court if the person
107	107	13 committed the offense while personally armed with the
108	108	14 firearm and while personally displaying the firearm;
109	109	15 (C) an attempt to commit first degree murder
110	110	16 during which the person personally discharged a
111	111	17 firearm is a Class X felony for which up to 20 years
112	112	18 may shall be added to the term of imprisonment imposed
113	113	19 by the court;
114	114	20 (D) an attempt to commit first degree murder
115	115	21 during which the person personally discharged a
116	116	22 firearm that proximately caused great bodily harm,
117	117	23 permanent disability, permanent disfigurement, or
118	118	24 death to another person is a Class X felony for which
119	119	25 up to 25 years may or up to a term of natural life
120	120	26 shall be added to the term of imprisonment imposed by
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131	131	1 the court; and
132	132	2 (E) if the defendant proves by a preponderance of
133	133	3 the evidence at sentencing that, at the time of the
134	134	4 attempted murder, he or she was acting under a sudden
135	135	5 and intense passion resulting from serious provocation
136	136	6 by the individual whom the defendant endeavored to
137	137	7 kill, or another, and, had the individual the
138	138	8 defendant endeavored to kill died, the defendant would
139	139	9 have negligently or accidentally caused that death,
140	140	10 then the sentence for the attempted murder is the
141	141	11 sentence for a Class 1 felony;
142	142	12 (2) the sentence for attempt to commit a Class X
143	143	13 felony is the sentence for a Class 1 felony;
144	144	14 (3) the sentence for attempt to commit a Class 1
145	145	15 felony is the sentence for a Class 2 felony;
146	146	16 (4) the sentence for attempt to commit a Class 2
147	147	17 felony is the sentence for a Class 3 felony; and
148	148	18 (5) the sentence for attempt to commit any felony
149	149	19 other than those specified in items (1), (2), (3), and (4)
150	150	20 of this subsection (c) is the sentence for a Class A
151	151	21 misdemeanor.
152	152	22 (Source: P.A. 103-51, eff. 1-1-24.)
153	153	23 (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
154	154	24 Sec. 9-1.2. Intentional homicide of an unborn child.
155	155	25 (a) A person commits the offense of intentional homicide
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166	166	1 of an unborn child if, in performing acts which cause the death
167	167	2 of an unborn child, he without lawful justification:
168	168	3 (1) either intended to cause the death of or do great
169	169	4 bodily harm to the pregnant individual or unborn child or
170	170	5 knew that such acts would cause death or great bodily harm
171	171	6 to the pregnant individual or unborn child; or
172	172	7 (2) knew that his acts created a strong probability of
173	173	8 death or great bodily harm to the pregnant individual or
174	174	9 unborn child; and
175	175	10 (3) knew that the individual was pregnant.
176	176	11 (b) For purposes of this Section, (1) "unborn child" shall
177	177	12 mean any individual of the human species from the implantation
178	178	13 of an embryo until birth, and (2) "person" shall not include
179	179	14 the pregnant woman whose unborn child is killed.
180	180	15 (c) This Section shall not apply to acts which cause the
181	181	16 death of an unborn child if those acts were committed during
182	182	17 any abortion, as defined in Section 1-10 of the Reproductive
183	183	18 Health Act, to which the pregnant individual has consented.
184	184	19 This Section shall not apply to acts which were committed
185	185	20 pursuant to usual and customary standards of medical practice
186	186	21 during diagnostic testing or therapeutic treatment.
187	187	22 (d) Penalty. The sentence for intentional homicide of an
188	188	23 unborn child shall be the same as for first degree murder,
189	189	24 except that:
190	190	25 (1) (blank);
191	191	26 (2) if the person committed the offense while
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202	202	1 personally armed with a firearm, and while personally
203	203	2 displaying the firearm, up to 15 years may shall be added
204	204	3 to the term of imprisonment imposed by the court;
205	205	4 (3) if, during the commission of the offense, the
206	206	5 person personally discharged a firearm, up to 20 years may
207	207	6 shall be added to the term of imprisonment imposed by the
208	208	7 court;
209	209	8 (4) if, during the commission of the offense, the
210	210	9 person personally discharged a firearm that proximately
211	211	10 caused great bodily harm, permanent disability, permanent
212	212	11 disfigurement, or death to another person, up to 25 years
213	213	12 may or up to a term of natural life shall be added to the
214	214	13 term of imprisonment imposed by the court.
215	215	14 (e) The provisions of this Act shall not be construed to
216	216	15 prohibit the prosecution of any person under any other
217	217	16 provision of law.
218	218	17 (Source: P.A. 103-51, eff. 1-1-24.)
219	219	18 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
220	220	19 Sec. 10-2. Aggravated kidnaping.
221	221	20 (a) A person commits the offense of aggravated kidnaping
222	222	21 when he or she commits kidnapping and:
223	223	22 (1) kidnaps with the intent to obtain ransom from the
224	224	23 person kidnaped or from any other person;
225	225	24 (2) takes as his or her victim a child under the age of
226	226	25 13 years, or a person with a severe or profound
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237	237	1 intellectual disability;
238	238	2 (3) inflicts great bodily harm, other than by the
239	239	3 discharge of a firearm, or commits another felony upon his
240	240	4 or her victim;
241	241	5 (4) wears a hood, robe, or mask or conceals his or her
242	242	6 identity;
243	243	7 (5) commits the offense of kidnaping while armed with
244	244	8 a dangerous weapon, other than a firearm, as defined in
245	245	9 Section 33A-1 of this Code;
246	246	10 (6) commits the offense of kidnaping while armed with
247	247	11 a firearm;
248	248	12 (7) during the commission of the offense of kidnaping,
249	249	13 personally discharges a firearm; or
250	250	14 (8) during the commission of the offense of kidnaping,
251	251	15 personally discharges a firearm that proximately causes
252	252	16 great bodily harm, permanent disability, permanent
253	253	17 disfigurement, or death to another person.
254	254	18 As used in this Section, "ransom" includes money, benefit,
255	255	19 or other valuable thing or concession.
256	256	20 (b) Sentence. Aggravated kidnaping in violation of
257	257	21 paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
258	258	22 Class X felony. A violation of subsection (a)(6) is a Class X
259	259	23 felony for which up to 15 years may shall be added to the term
260	260	24 of imprisonment imposed by the court, if the person committed
261	261	25 the offense while personally armed with a firearm, and while
262	262	26 personally displaying the firearm. A violation of subsection
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273	273	1 (a)(7) is a Class X felony for which up to 20 years may shall
274	274	2 be added to the term of imprisonment imposed by the court. A
275	275	3 violation of subsection (a)(8) is a Class X felony for which up
276	276	4 to 25 years may or up to a term of natural life shall be added
277	277	5 to the term of imprisonment imposed by the court. An offender
278	278	6 under the age of 18 years at the time of the commission of
279	279	7 aggravated kidnaping in violation of paragraphs (1) through
280	280	8 (8) of subsection (a) shall be sentenced under Section
281	281	9 5-4.5-105 of the Unified Code of Corrections.
282	282	10 A person who has attained the age of 18 years at the time
283	283	11 of the commission of the offense and who is convicted of a
284	284	12 second or subsequent offense of aggravated kidnaping shall be
285	285	13 sentenced to a term of natural life imprisonment; except that
286	286	14 a sentence of natural life imprisonment shall not be imposed
287	287	15 under this Section unless the second or subsequent offense was
288	288	16 committed after conviction on the first offense. An offender
289	289	17 under the age of 18 years at the time of the commission of the
290	290	18 second or subsequent offense shall be sentenced under Section
291	291	19 5-4.5-105 of the Unified Code of Corrections.
292	292	20 (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
293	293	21 99-642, eff. 7-28-16.)
294	294	22 (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
295	295	23 Sec. 11-1.30. Aggravated Criminal Sexual Assault.
296	296	24 (a) A person commits aggravated criminal sexual assault if
297	297	25 that person commits criminal sexual assault and any of the
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308	308	1 following aggravating circumstances exist during the
309	309	2 commission of the offense or, for purposes of paragraph (7),
310	310	3 occur as part of the same course of conduct as the commission
311	311	4 of the offense:
312	312	5 (1) the person displays, threatens to use, or uses a
313	313	6 dangerous weapon, other than a firearm, or any other
314	314	7 object fashioned or used in a manner that leads the
315	315	8 victim, under the circumstances, reasonably to believe
316	316	9 that the object is a dangerous weapon;
317	317	10 (2) the person causes bodily harm to the victim,
318	318	11 except as provided in paragraph (10);
319	319	12 (3) the person acts in a manner that threatens or
320	320	13 endangers the life of the victim or any other person;
321	321	14 (4) the person commits the criminal sexual assault
322	322	15 during the course of committing or attempting to commit
323	323	16 any other felony;
324	324	17 (5) the victim is 60 years of age or older;
325	325	18 (6) the victim is a person with a physical disability;
326	326	19 (7) the person delivers (by injection, inhalation,
327	327	20 ingestion, transfer of possession, or any other means) any
328	328	21 controlled substance to the victim without the victim's
329	329	22 consent or by threat or deception for other than medical
330	330	23 purposes;
331	331	24 (8) the person is armed with a firearm;
332	332	25 (9) the person personally discharges a firearm during
333	333	26 the commission of the offense; or
334	334
335	335
336	336
337	337
338	338
339	339	HB1835 - 8 - LRB104 07318 RLC 17357 b
340	340
341	341
342	342	HB1835- 9 -LRB104 07318 RLC 17357 b HB1835 - 9 - LRB104 07318 RLC 17357 b
343	343	HB1835 - 9 - LRB104 07318 RLC 17357 b
344	344	1 (10) the person personally discharges a firearm during
345	345	2 the commission of the offense, and that discharge
346	346	3 proximately causes great bodily harm, permanent
347	347	4 disability, permanent disfigurement, or death to another
348	348	5 person.
349	349	6 (b) A person commits aggravated criminal sexual assault if
350	350	7 that person is under 17 years of age and: (i) commits an act of
351	351	8 sexual penetration with a victim who is under 9 years of age;
352	352	9 or (ii) commits an act of sexual penetration with a victim who
353	353	10 is at least 9 years of age but under 13 years of age and the
354	354	11 person uses force or threat of force to commit the act.
355	355	12 (c) A person commits aggravated criminal sexual assault if
356	356	13 that person commits an act of sexual penetration with a victim
357	357	14 who is a person with a severe or profound intellectual
358	358	15 disability.
359	359	16 (d) Sentence.
360	360	17 (1) Aggravated criminal sexual assault in violation of
361	361	18 paragraph (2), (3), (4), (5), (6), or (7) of subsection
362	362	19 (a) or in violation of subsection (b) or (c) is a Class X
363	363	20 felony. A violation of subsection (a)(1) is a Class X
364	364	21 felony for which 10 years shall be added to the term of
365	365	22 imprisonment imposed by the court. A violation of
366	366	23 subsection (a)(8) is a Class X felony for which up to 15
367	367	24 years may shall be added to the term of imprisonment
368	368	25 imposed by the court, if the person committed the offense
369	369	26 while personally armed with a firearm, and while
370	370
371	371
372	372
373	373
374	374
375	375	HB1835 - 9 - LRB104 07318 RLC 17357 b
376	376
377	377
378	378	HB1835- 10 -LRB104 07318 RLC 17357 b HB1835 - 10 - LRB104 07318 RLC 17357 b
379	379	HB1835 - 10 - LRB104 07318 RLC 17357 b
380	380	1 personally displaying the firearm. A violation of
381	381	2 subsection (a)(9) is a Class X felony for which up to 20
382	382	3 years may shall be added to the term of imprisonment
383	383	4 imposed by the court. A violation of subsection (a)(10) is
384	384	5 a Class X felony for which up to 25 years may or up to a
385	385	6 term of natural life imprisonment shall be added to the
386	386	7 term of imprisonment imposed by the court. An offender
387	387	8 under the age of 18 years at the time of the commission of
388	388	9 aggravated criminal sexual assault in violation of
389	389	10 paragraphs (1) through (10) of subsection (a) shall be
390	390	11 sentenced under Section 5-4.5-105 of the Unified Code of
391	391	12 Corrections.
392	392	13 (2) A person who has attained the age of 18 years at
393	393	14 the time of the commission of the offense and who is
394	394	15 convicted of a second or subsequent offense of aggravated
395	395	16 criminal sexual assault, or who is convicted of the
396	396	17 offense of aggravated criminal sexual assault after having
397	397	18 previously been convicted of the offense of criminal
398	398	19 sexual assault or the offense of predatory criminal sexual
399	399	20 assault of a child, or who is convicted of the offense of
400	400	21 aggravated criminal sexual assault after having previously
401	401	22 been convicted under the laws of this or any other state of
402	402	23 an offense that is substantially equivalent to the offense
403	403	24 of criminal sexual assault, the offense of aggravated
404	404	25 criminal sexual assault or the offense of predatory
405	405	26 criminal sexual assault of a child, shall be sentenced to
406	406
407	407
408	408
409	409
410	410
411	411	HB1835 - 10 - LRB104 07318 RLC 17357 b
412	412
413	413
414	414	HB1835- 11 -LRB104 07318 RLC 17357 b HB1835 - 11 - LRB104 07318 RLC 17357 b
415	415	HB1835 - 11 - LRB104 07318 RLC 17357 b
416	416	1 a term of natural life imprisonment. The commission of the
417	417	2 second or subsequent offense is required to have been
418	418	3 after the initial conviction for this paragraph (2) to
419	419	4 apply. An offender under the age of 18 years at the time of
420	420	5 the commission of the offense covered by this paragraph
421	421	6 (2) shall be sentenced under Section 5-4.5-105 of the
422	422	7 Unified Code of Corrections.
423	423	8 (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
424	424	9 99-642, eff. 7-28-16.)
425	425	10 (720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
426	426	11 Sec. 11-1.40. Predatory criminal sexual assault of a
427	427	12 child.
428	428	13 (a) A person commits predatory criminal sexual assault of
429	429	14 a child if that person is 17 years of age or older, and commits
430	430	15 an act of contact, however slight, between the sex organ or
431	431	16 anus of one person and the part of the body of another for the
432	432	17 purpose of sexual gratification or arousal of the victim or
433	433	18 the accused, or an act of sexual penetration, and:
434	434	19 (1) the victim is under 13 years of age; or
435	435	20 (2) the victim is under 13 years of age and that
436	436	21 person:
437	437	22 (A) is armed with a firearm;
438	438	23 (B) personally discharges a firearm during the
439	439	24 commission of the offense;
440	440	25 (C) causes great bodily harm to the victim that:
441	441
442	442
443	443
444	444
445	445
446	446	HB1835 - 11 - LRB104 07318 RLC 17357 b
447	447
448	448
449	449	HB1835- 12 -LRB104 07318 RLC 17357 b HB1835 - 12 - LRB104 07318 RLC 17357 b
450	450	HB1835 - 12 - LRB104 07318 RLC 17357 b
451	451	1 (i) results in permanent disability; or
452	452	2 (ii) is life threatening; or
453	453	3 (D) delivers (by injection, inhalation, ingestion,
454	454	4 transfer of possession, or any other means) any
455	455	5 controlled substance to the victim without the
456	456	6 victim's consent or by threat or deception, for other
457	457	7 than medical purposes.
458	458	8 (b) Sentence.
459	459	9 (1) A person convicted of a violation of subsection
460	460	10 (a)(1) commits a Class X felony, for which the person
461	461	11 shall be sentenced to a term of imprisonment of not less
462	462	12 than 6 years and not more than 60 years. A person convicted
463	463	13 of a violation of subsection (a)(2)(A) commits a Class X
464	464	14 felony for which up to 15 years may shall be added to the
465	465	15 term of imprisonment imposed by the court, if the person
466	466	16 committed the offense while personally armed with a
467	467	17 firearm, and while personally displaying the firearm. A
468	468	18 person convicted of a violation of subsection (a)(2)(B)
469	469	19 commits a Class X felony for which up to 20 years may shall
470	470	20 be added to the term of imprisonment imposed by the court.
471	471	21 A person who has attained the age of 18 years at the time
472	472	22 of the commission of the offense and who is convicted of a
473	473	23 violation of subsection (a)(2)(C) commits a Class X felony
474	474	24 for which the person shall be sentenced to a term of
475	475	25 imprisonment of not less than 50 years or up to a term of
476	476	26 natural life imprisonment. An offender under the age of 18
477	477
478	478
479	479
480	480
481	481
482	482	HB1835 - 12 - LRB104 07318 RLC 17357 b
483	483
484	484
485	485	HB1835- 13 -LRB104 07318 RLC 17357 b HB1835 - 13 - LRB104 07318 RLC 17357 b
486	486	HB1835 - 13 - LRB104 07318 RLC 17357 b
487	487	1 years at the time of the commission of predatory criminal
488	488	2 sexual assault of a child in violation of subsections
489	489	3 (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be
490	490	4 sentenced under Section 5-4.5-105 of the Unified Code of
491	491	5 Corrections.
492	492	6 (1.1) A person convicted of a violation of subsection
493	493	7 (a)(2)(D) commits a Class X felony for which the person
494	494	8 shall be sentenced to a term of imprisonment of not less
495	495	9 than 50 years and not more than 60 years. An offender under
496	496	10 the age of 18 years at the time of the commission of
497	497	11 predatory criminal sexual assault of a child in violation
498	498	12 of subsection (a)(2)(D) shall be sentenced under Section
499	499	13 5-4.5-105 of the Unified Code of Corrections.
500	500	14 (1.2) A person who has attained the age of 18 years at
501	501	15 the time of the commission of the offense and convicted of
502	502	16 predatory criminal sexual assault of a child committed
503	503	17 against 2 or more persons regardless of whether the
504	504	18 offenses occurred as the result of the same act or of
505	505	19 several related or unrelated acts shall be sentenced to a
506	506	20 term of natural life imprisonment and an offender under
507	507	21 the age of 18 years at the time of the commission of the
508	508	22 offense shall be sentenced under Section 5-4.5-105 of the
509	509	23 Unified Code of Corrections.
510	510	24 (2) A person who has attained the age of 18 years at
511	511	25 the time of the commission of the offense and who is
512	512	26 convicted of a second or subsequent offense of predatory
513	513
514	514
515	515
516	516
517	517
518	518	HB1835 - 13 - LRB104 07318 RLC 17357 b
519	519
520	520
521	521	HB1835- 14 -LRB104 07318 RLC 17357 b HB1835 - 14 - LRB104 07318 RLC 17357 b
522	522	HB1835 - 14 - LRB104 07318 RLC 17357 b
523	523	1 criminal sexual assault of a child, or who is convicted of
524	524	2 the offense of predatory criminal sexual assault of a
525	525	3 child after having previously been convicted of the
526	526	4 offense of criminal sexual assault or the offense of
527	527	5 aggravated criminal sexual assault, or who is convicted of
528	528	6 the offense of predatory criminal sexual assault of a
529	529	7 child after having previously been convicted under the
530	530	8 laws of this State or any other state of an offense that is
531	531	9 substantially equivalent to the offense of predatory
532	532	10 criminal sexual assault of a child, the offense of
533	533	11 aggravated criminal sexual assault or the offense of
534	534	12 criminal sexual assault, shall be sentenced to a term of
535	535	13 natural life imprisonment. The commission of the second or
536	536	14 subsequent offense is required to have been after the
537	537	15 initial conviction for this paragraph (2) to apply. An
538	538	16 offender under the age of 18 years at the time of the
539	539	17 commission of the offense covered by this paragraph (2)
540	540	18 shall be sentenced under Section 5-4.5-105 of the Unified
541	541	19 Code of Corrections.
542	542	20 (Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14;
543	543	21 98-903, eff. 8-15-14; 99-69, eff. 1-1-16.)
544	544	22 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
545	545	23 Sec. 12-3.05. Aggravated battery.
546	546	24 (a) Offense based on injury. A person commits aggravated
547	547	25 battery when, in committing a battery, other than by the
548	548
549	549
550	550
551	551
552	552
553	553	HB1835 - 14 - LRB104 07318 RLC 17357 b
554	554
555	555
556	556	HB1835- 15 -LRB104 07318 RLC 17357 b HB1835 - 15 - LRB104 07318 RLC 17357 b
557	557	HB1835 - 15 - LRB104 07318 RLC 17357 b
558	558	1 discharge of a firearm, he or she knowingly does any of the
559	559	2 following:
560	560	3 (1) Causes great bodily harm or permanent disability
561	561	4 or disfigurement.
562	562	5 (2) Causes severe and permanent disability, great
563	563	6 bodily harm, or disfigurement by means of a caustic or
564	564	7 flammable substance, a poisonous gas, a deadly biological
565	565	8 or chemical contaminant or agent, a radioactive substance,
566	566	9 or a bomb or explosive compound.
567	567	10 (3) Causes great bodily harm or permanent disability
568	568	11 or disfigurement to an individual whom the person knows to
569	569	12 be a peace officer, community policing volunteer, fireman,
570	570	13 private security officer, correctional institution
571	571	14 employee, or Department of Human Services employee
572	572	15 supervising or controlling sexually dangerous persons or
573	573	16 sexually violent persons:
574	574	17 (i) performing his or her official duties;
575	575	18 (ii) battered to prevent performance of his or her
576	576	19 official duties; or
577	577	20 (iii) battered in retaliation for performing his
578	578	21 or her official duties.
579	579	22 (4) Causes great bodily harm or permanent disability
580	580	23 or disfigurement to an individual 60 years of age or
581	581	24 older.
582	582	25 (5) Strangles another individual.
583	583	26 (b) Offense based on injury to a child or person with an
584	584
585	585
586	586
587	587
588	588
589	589	HB1835 - 15 - LRB104 07318 RLC 17357 b
590	590
591	591
592	592	HB1835- 16 -LRB104 07318 RLC 17357 b HB1835 - 16 - LRB104 07318 RLC 17357 b
593	593	HB1835 - 16 - LRB104 07318 RLC 17357 b
594	594	1 intellectual disability. A person who is at least 18 years of
595	595	2 age commits aggravated battery when, in committing a battery,
596	596	3 he or she knowingly and without legal justification by any
597	597	4 means:
598	598	5 (1) causes great bodily harm or permanent disability
599	599	6 or disfigurement to any child under the age of 13 years, or
600	600	7 to any person with a severe or profound intellectual
601	601	8 disability; or
602	602	9 (2) causes bodily harm or disability or disfigurement
603	603	10 to any child under the age of 13 years or to any person
604	604	11 with a severe or profound intellectual disability.
605	605	12 (c) Offense based on location of conduct. A person commits
606	606	13 aggravated battery when, in committing a battery, other than
607	607	14 by the discharge of a firearm, he or she is or the person
608	608	15 battered is on or about a public way, public property, a public
609	609	16 place of accommodation or amusement, a sports venue, or a
610	610	17 domestic violence shelter, or in a church, synagogue, mosque,
611	611	18 or other building, structure, or place used for religious
612	612	19 worship.
613	613	20 (d) Offense based on status of victim. A person commits
614	614	21 aggravated battery when, in committing a battery, other than
615	615	22 by discharge of a firearm, he or she knows the individual
616	616	23 battered to be any of the following:
617	617	24 (1) A person 60 years of age or older.
618	618	25 (2) A person who is pregnant or has a physical
619	619	26 disability.
620	620
621	621
622	622
623	623
624	624
625	625	HB1835 - 16 - LRB104 07318 RLC 17357 b
626	626
627	627
628	628	HB1835- 17 -LRB104 07318 RLC 17357 b HB1835 - 17 - LRB104 07318 RLC 17357 b
629	629	HB1835 - 17 - LRB104 07318 RLC 17357 b
630	630	1 (3) A teacher or school employee upon school grounds
631	631	2 or grounds adjacent to a school or in any part of a
632	632	3 building used for school purposes.
633	633	4 (4) A peace officer, community policing volunteer,
634	634	5 fireman, private security officer, correctional
635	635	6 institution employee, or Department of Human Services
636	636	7 employee supervising or controlling sexually dangerous
637	637	8 persons or sexually violent persons:
638	638	9 (i) performing his or her official duties;
639	639	10 (ii) battered to prevent performance of his or her
640	640	11 official duties; or
641	641	12 (iii) battered in retaliation for performing his
642	642	13 or her official duties.
643	643	14 (5) A judge, emergency management worker, emergency
644	644	15 medical services personnel, or utility worker:
645	645	16 (i) performing his or her official duties;
646	646	17 (ii) battered to prevent performance of his or her
647	647	18 official duties; or
648	648	19 (iii) battered in retaliation for performing his
649	649	20 or her official duties.
650	650	21 (6) An officer or employee of the State of Illinois, a
651	651	22 unit of local government, or a school district, while
652	652	23 performing his or her official duties.
653	653	24 (7) A transit employee performing his or her official
654	654	25 duties, or a transit passenger.
655	655	26 (8) A taxi driver on duty.
656	656
657	657
658	658
659	659
660	660
661	661	HB1835 - 17 - LRB104 07318 RLC 17357 b
662	662
663	663
664	664	HB1835- 18 -LRB104 07318 RLC 17357 b HB1835 - 18 - LRB104 07318 RLC 17357 b
665	665	HB1835 - 18 - LRB104 07318 RLC 17357 b
666	666	1 (9) A merchant who detains the person for an alleged
667	667	2 commission of retail theft under Section 16-26 of this
668	668	3 Code and the person without legal justification by any
669	669	4 means causes bodily harm to the merchant.
670	670	5 (10) A person authorized to serve process under
671	671	6 Section 2-202 of the Code of Civil Procedure or a special
672	672	7 process server appointed by the circuit court while that
673	673	8 individual is in the performance of his or her duties as a
674	674	9 process server.
675	675	10 (11) A nurse while in the performance of his or her
676	676	11 duties as a nurse.
677	677	12 (12) A merchant: (i) while performing his or her
678	678	13 duties, including, but not limited to, relaying directions
679	679	14 for healthcare or safety from his or her supervisor or
680	680	15 employer or relaying health or safety guidelines,
681	681	16 recommendations, regulations, or rules from a federal,
682	682	17 State, or local public health agency; and (ii) during a
683	683	18 disaster declared by the Governor, or a state of emergency
684	684	19 declared by the mayor of the municipality in which the
685	685	20 merchant is located, due to a public health emergency and
686	686	21 for a period of 6 months after such declaration.
687	687	22 (e) Offense based on use of a firearm. A person commits
688	688	23 aggravated battery when, in committing a battery, he or she
689	689	24 knowingly does any of the following:
690	690	25 (1) Discharges a firearm, other than a machine gun or
691	691	26 a firearm equipped with a silencer, and causes any injury
692	692
693	693
694	694
695	695
696	696
697	697	HB1835 - 18 - LRB104 07318 RLC 17357 b
698	698
699	699
700	700	HB1835- 19 -LRB104 07318 RLC 17357 b HB1835 - 19 - LRB104 07318 RLC 17357 b
701	701	HB1835 - 19 - LRB104 07318 RLC 17357 b
702	702	1 to another person.
703	703	2 (2) Discharges a firearm, other than a machine gun or
704	704	3 a firearm equipped with a silencer, and causes any injury
705	705	4 to a person he or she knows to be a peace officer,
706	706	5 community policing volunteer, person summoned by a police
707	707	6 officer, fireman, private security officer, correctional
708	708	7 institution employee, or emergency management worker:
709	709	8 (i) performing his or her official duties;
710	710	9 (ii) battered to prevent performance of his or her
711	711	10 official duties; or
712	712	11 (iii) battered in retaliation for performing his
713	713	12 or her official duties.
714	714	13 (3) Discharges a firearm, other than a machine gun or
715	715	14 a firearm equipped with a silencer, and causes any injury
716	716	15 to a person he or she knows to be emergency medical
717	717	16 services personnel:
718	718	17 (i) performing his or her official duties;
719	719	18 (ii) battered to prevent performance of his or her
720	720	19 official duties; or
721	721	20 (iii) battered in retaliation for performing his
722	722	21 or her official duties.
723	723	22 (4) Discharges a firearm and causes any injury to a
724	724	23 person he or she knows to be a teacher, a student in a
725	725	24 school, or a school employee, and the teacher, student, or
726	726	25 employee is upon school grounds or grounds adjacent to a
727	727	26 school or in any part of a building used for school
728	728
729	729
730	730
731	731
732	732
733	733	HB1835 - 19 - LRB104 07318 RLC 17357 b
734	734
735	735
736	736	HB1835- 20 -LRB104 07318 RLC 17357 b HB1835 - 20 - LRB104 07318 RLC 17357 b
737	737	HB1835 - 20 - LRB104 07318 RLC 17357 b
738	738	1 purposes.
739	739	2 (5) Discharges a machine gun or a firearm equipped
740	740	3 with a silencer, and causes any injury to another person.
741	741	4 (6) Discharges a machine gun or a firearm equipped
742	742	5 with a silencer, and causes any injury to a person he or
743	743	6 she knows to be a peace officer, community policing
744	744	7 volunteer, person summoned by a police officer, fireman,
745	745	8 private security officer, correctional institution
746	746	9 employee or emergency management worker:
747	747	10 (i) performing his or her official duties;
748	748	11 (ii) battered to prevent performance of his or her
749	749	12 official duties; or
750	750	13 (iii) battered in retaliation for performing his
751	751	14 or her official duties.
752	752	15 (7) Discharges a machine gun or a firearm equipped
753	753	16 with a silencer, and causes any injury to a person he or
754	754	17 she knows to be emergency medical services personnel:
755	755	18 (i) performing his or her official duties;
756	756	19 (ii) battered to prevent performance of his or her
757	757	20 official duties; or
758	758	21 (iii) battered in retaliation for performing his
759	759	22 or her official duties.
760	760	23 (8) Discharges a machine gun or a firearm equipped
761	761	24 with a silencer, and causes any injury to a person he or
762	762	25 she knows to be a teacher, or a student in a school, or a
763	763	26 school employee, and the teacher, student, or employee is
764	764
765	765
766	766
767	767
768	768
769	769	HB1835 - 20 - LRB104 07318 RLC 17357 b
770	770
771	771
772	772	HB1835- 21 -LRB104 07318 RLC 17357 b HB1835 - 21 - LRB104 07318 RLC 17357 b
773	773	HB1835 - 21 - LRB104 07318 RLC 17357 b
774	774	1 upon school grounds or grounds adjacent to a school or in
775	775	2 any part of a building used for school purposes.
776	776	3 (f) Offense based on use of a weapon or device. A person
777	777	4 commits aggravated battery when, in committing a battery, he
778	778	5 or she does any of the following:
779	779	6 (1) Uses a deadly weapon other than by discharge of a
780	780	7 firearm, or uses an air rifle as defined in Section
781	781	8 24.8-0.1 of this Code.
782	782	9 (2) Wears a hood, robe, or mask to conceal his or her
783	783	10 identity.
784	784	11 (3) Knowingly and without lawful justification shines
785	785	12 or flashes a laser gunsight or other laser device attached
786	786	13 to a firearm, or used in concert with a firearm, so that
787	787	14 the laser beam strikes upon or against the person of
788	788	15 another.
789	789	16 (4) Knowingly video or audio records the offense with
790	790	17 the intent to disseminate the recording.
791	791	18 (g) Offense based on certain conduct. A person commits
792	792	19 aggravated battery when, other than by discharge of a firearm,
793	793	20 he or she does any of the following:
794	794	21 (1) Violates Section 401 of the Illinois Controlled
795	795	22 Substances Act by unlawfully delivering a controlled
796	796	23 substance to another and any user experiences great bodily
797	797	24 harm or permanent disability as a result of the injection,
798	798	25 inhalation, or ingestion of any amount of the controlled
799	799	26 substance.
800	800
801	801
802	802
803	803
804	804
805	805	HB1835 - 21 - LRB104 07318 RLC 17357 b
806	806
807	807
808	808	HB1835- 22 -LRB104 07318 RLC 17357 b HB1835 - 22 - LRB104 07318 RLC 17357 b
809	809	HB1835 - 22 - LRB104 07318 RLC 17357 b
810	810	1 (2) Knowingly administers to an individual or causes
811	811	2 him or her to take, without his or her consent or by threat
812	812	3 or deception, and for other than medical purposes, any
813	813	4 intoxicating, poisonous, stupefying, narcotic,
814	814	5 anesthetic, or controlled substance, or gives to another
815	815	6 person any food containing any substance or object
816	816	7 intended to cause physical injury if eaten.
817	817	8 (3) Knowingly causes or attempts to cause a
818	818	9 correctional institution employee or Department of Human
819	819	10 Services employee to come into contact with blood, seminal
820	820	11 fluid, urine, or feces by throwing, tossing, or expelling
821	821	12 the fluid or material, and the person is an inmate of a
822	822	13 penal institution or is a sexually dangerous person or
823	823	14 sexually violent person in the custody of the Department
824	824	15 of Human Services.
825	825	16 (h) Sentence. Unless otherwise provided, aggravated
826	826	17 battery is a Class 3 felony.
827	827	18 Aggravated battery as defined in subdivision (a)(4),
828	828	19 (d)(4), or (g)(3) is a Class 2 felony.
829	829	20 Aggravated battery as defined in subdivision (a)(3) or
830	830	21 (g)(1) is a Class 1 felony.
831	831	22 Aggravated battery as defined in subdivision (a)(1) is a
832	832	23 Class 1 felony when the aggravated battery was intentional and
833	833	24 involved the infliction of torture, as defined in paragraph
834	834	25 (10) of subsection (b-5) of Section 5-8-1 of the Unified Code
835	835	26 of Corrections, as the infliction of or subjection to extreme
836	836
837	837
838	838
839	839
840	840
841	841	HB1835 - 22 - LRB104 07318 RLC 17357 b
842	842
843	843
844	844	HB1835- 23 -LRB104 07318 RLC 17357 b HB1835 - 23 - LRB104 07318 RLC 17357 b
845	845	HB1835 - 23 - LRB104 07318 RLC 17357 b
846	846	1 physical pain, motivated by an intent to increase or prolong
847	847	2 the pain, suffering, or agony of the victim.
848	848	3 Aggravated battery as defined in subdivision (a)(1) is a
849	849	4 Class 2 felony when the person causes great bodily harm or
850	850	5 permanent disability to an individual whom the person knows to
851	851	6 be a member of a congregation engaged in prayer or other
852	852	7 religious activities at a church, synagogue, mosque, or other
853	853	8 building, structure, or place used for religious worship.
854	854	9 Aggravated battery under subdivision (a)(5) is a Class 1
855	855	10 felony if:
856	856	11 (A) the person used or attempted to use a dangerous
857	857	12 instrument while committing the offense;
858	858	13 (B) the person caused great bodily harm or permanent
859	859	14 disability or disfigurement to the other person while
860	860	15 committing the offense; or
861	861	16 (C) the person has been previously convicted of a
862	862	17 violation of subdivision (a)(5) under the laws of this
863	863	18 State or laws similar to subdivision (a)(5) of any other
864	864	19 state.
865	865	20 Aggravated battery as defined in subdivision (e)(1) is a
866	866	21 Class X felony.
867	867	22 Aggravated battery as defined in subdivision (a)(2) is a
868	868	23 Class X felony for which a person shall be sentenced to a term
869	869	24 of imprisonment of a minimum of 6 years and a maximum of 45
870	870	25 years.
871	871	26 Aggravated battery as defined in subdivision (e)(5) is a
872	872
873	873
874	874
875	875
876	876
877	877	HB1835 - 23 - LRB104 07318 RLC 17357 b
878	878
879	879
880	880	HB1835- 24 -LRB104 07318 RLC 17357 b HB1835 - 24 - LRB104 07318 RLC 17357 b
881	881	HB1835 - 24 - LRB104 07318 RLC 17357 b
882	882	1 Class X felony for which a person shall be sentenced to a term
883	883	2 of imprisonment of a minimum of 12 years and a maximum of 45
884	884	3 years.
885	885	4 Aggravated battery as defined in subdivision (e)(2),
886	886	5 (e)(3), or (e)(4) is a Class X felony for which a person shall
887	887	6 be sentenced to a term of imprisonment of a minimum of 15 years
888	888	7 and a maximum of 60 years.
889	889	8 Aggravated battery as defined in subdivision (e)(6),
890	890	9 (e)(7), or (e)(8) is a Class X felony for which a person shall
891	891	10 be sentenced to a term of imprisonment of a minimum of 20 years
892	892	11 and a maximum of 60 years.
893	893	12 Aggravated battery as defined in subdivision (b)(1) is a
894	894	13 Class X felony, except that:
895	895	14 (1) if the person committed the offense while
896	896	15 personally armed with a firearm, and while personally
897	897	16 displaying the firearm, up to 15 years may shall be added
898	898	17 to the term of imprisonment imposed by the court;
899	899	18 (2) if, during the commission of the offense, the
900	900	19 person personally discharged a firearm, up to 20 years may
901	901	20 shall be added to the term of imprisonment imposed by the
902	902	21 court;
903	903	22 (3) if, during the commission of the offense, the
904	904	23 person personally discharged a firearm that proximately
905	905	24 caused great bodily harm, permanent disability, permanent
906	906	25 disfigurement, or death to another person, up to 25 years
907	907	26 may or up to a term of natural life shall be added to the
908	908
909	909
910	910
911	911
912	912
913	913	HB1835 - 24 - LRB104 07318 RLC 17357 b
914	914
915	915
916	916	HB1835- 25 -LRB104 07318 RLC 17357 b HB1835 - 25 - LRB104 07318 RLC 17357 b
917	917	HB1835 - 25 - LRB104 07318 RLC 17357 b
918	918	1 term of imprisonment imposed by the court.
919	919	2 (i) Definitions. In this Section:
920	920	3 "Building or other structure used to provide shelter" has
921	921	4 the meaning ascribed to "shelter" in Section 1 of the Domestic
922	922	5 Violence Shelters Act.
923	923	6 "Domestic violence" has the meaning ascribed to it in
924	924	7 Section 103 of the Illinois Domestic Violence Act of 1986.
925	925	8 "Domestic violence shelter" means any building or other
926	926	9 structure used to provide shelter or other services to victims
927	927	10 or to the dependent children of victims of domestic violence
928	928	11 pursuant to the Illinois Domestic Violence Act of 1986 or the
929	929	12 Domestic Violence Shelters Act, or any place within 500 feet
930	930	13 of such a building or other structure in the case of a person
931	931	14 who is going to or from such a building or other structure.
932	932	15 "Firearm" has the meaning provided under Section 1.1 of
933	933	16 the Firearm Owners Identification Card Act, and does not
934	934	17 include an air rifle as defined by Section 24.8-0.1 of this
935	935	18 Code.
936	936	19 "Machine gun" has the meaning ascribed to it in Section
937	937	20 24-1 of this Code.
938	938	21 "Merchant" has the meaning ascribed to it in Section
939	939	22 16-0.1 of this Code.
940	940	23 "Strangle" means intentionally impeding the normal
941	941	24 breathing or circulation of the blood of an individual by
942	942	25 applying pressure on the throat or neck of that individual or
943	943	26 by blocking the nose or mouth of that individual.
944	944
945	945
946	946
947	947
948	948
949	949	HB1835 - 25 - LRB104 07318 RLC 17357 b
950	950
951	951
952	952	HB1835- 26 -LRB104 07318 RLC 17357 b HB1835 - 26 - LRB104 07318 RLC 17357 b
953	953	HB1835 - 26 - LRB104 07318 RLC 17357 b
954	954	1 (Source: P.A. 103-51, eff. 1-1-24.)
955	955	2 (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
956	956	3 Sec. 18-2. Armed robbery.
957	957	4 (a) A person commits armed robbery when he or she violates
958	958	5 Section 18-1; and
959	959	6 (1) he or she carries on or about his or her person or
960	960	7 is otherwise armed with a dangerous weapon other than a
961	961	8 firearm; or
962	962	9 (2) he or she carries on or about his or her person or
963	963	10 is otherwise armed with a firearm; or
964	964	11 (3) he or she, during the commission of the offense,
965	965	12 personally discharges a firearm; or
966	966	13 (4) he or she, during the commission of the offense,
967	967	14 personally discharges a firearm that proximately causes
968	968	15 great bodily harm, permanent disability, permanent
969	969	16 disfigurement, or death to another person.
970	970	17 (b) Sentence.
971	971	18 Armed robbery in violation of subsection (a)(1) is a Class
972	972	19 X felony. A violation of subsection (a)(2) is a Class X felony
973	973	20 for which up to 15 years may shall be added to the term of
974	974	21 imprisonment imposed by the court, if the person committed the
975	975	22 offense while personally armed with a firearm, and while
976	976	23 personally displaying the firearm. A violation of subsection
977	977	24 (a)(3) is a Class X felony for which up to 20 years may shall
978	978	25 be added to the term of imprisonment imposed by the court. A
979	979
980	980
981	981
982	982
983	983
984	984	HB1835 - 26 - LRB104 07318 RLC 17357 b
985	985
986	986
987	987	HB1835- 27 -LRB104 07318 RLC 17357 b HB1835 - 27 - LRB104 07318 RLC 17357 b
988	988	HB1835 - 27 - LRB104 07318 RLC 17357 b
989	989	1 violation of subsection (a)(4) is a Class X felony for which up
990	990	2 to 25 years may or up to a term of natural life shall be added
991	991	3 to the term of imprisonment imposed by the court.
992	992	4 (Source: P.A. 91-404, eff. 1-1-00.)
993	993	5 (720 ILCS 5/18-4)
994	994	6 Sec. 18-4. Aggravated vehicular hijacking.
995	995	7 (a) A person commits aggravated vehicular hijacking when
996	996	8 he or she violates Section 18-3; and
997	997	9 (1) the person from whose immediate presence the motor
998	998	10 vehicle is taken is a person with a physical disability or
999	999	11 a person 60 years of age or over; or
1000	1000	12 (2) a person under 16 years of age is a passenger in
1001	1001	13 the motor vehicle at the time of the offense; or
1002	1002	14 (3) he or she carries on or about his or her person, or
1003	1003	15 is otherwise armed with a dangerous weapon, other than a
1004	1004	16 firearm; or
1005	1005	17 (4) he or she carries on or about his or her person or
1006	1006	18 is otherwise armed with a firearm; or
1007	1007	19 (5) he or she, during the commission of the offense,
1008	1008	20 personally discharges a firearm; or
1009	1009	21 (6) he or she, during the commission of the offense,
1010	1010	22 personally discharges a firearm that proximately causes
1011	1011	23 great bodily harm, permanent disability, permanent
1012	1012	24 disfigurement, or death to another person.
1013	1013	25 (b) Sentence. Aggravated vehicular hijacking in violation
1014	1014
1015	1015
1016	1016
1017	1017
1018	1018
1019	1019	HB1835 - 27 - LRB104 07318 RLC 17357 b
1020	1020
1021	1021
1022	1022	HB1835- 28 -LRB104 07318 RLC 17357 b HB1835 - 28 - LRB104 07318 RLC 17357 b
1023	1023	HB1835 - 28 - LRB104 07318 RLC 17357 b
1024	1024	1 of subsections (a)(1) or (a)(2) is a Class X felony. A
1025	1025	2 violation of subsection (a)(3) is a Class X felony for which a
1026	1026	3 term of imprisonment of not less than 7 years shall be imposed.
1027	1027	4 A violation of subsection (a)(4) is a Class X felony for which
1028	1028	5 up to 15 years may shall be added to the term of imprisonment
1029	1029	6 imposed by the court, if the person committed the offense
1030	1030	7 while personally armed with a firearm, and while personally
1031	1031	8 displaying the firearm. A violation of subsection (a)(5) is a
1032	1032	9 Class X felony for which up to 20 years may shall be added to
1033	1033	10 the term of imprisonment imposed by the court. A violation of
1034	1034	11 subsection (a)(6) is a Class X felony for which up to 25 years
1035	1035	12 may or up to a term of natural life shall be added to the term
1036	1036	13 of imprisonment imposed by the court.
1037	1037	14 (Source: P.A. 99-143, eff. 7-27-15.)
1038	1038	15 (720 ILCS 5/19-6) (was 720 ILCS 5/12-11)
1039	1039	16 Sec. 19-6. Home Invasion.
1040	1040	17 (a) A person who is not a peace officer acting in the line
1041	1041	18 of duty commits home invasion when without authority he or she
1042	1042	19 knowingly enters the dwelling place of another when he or she
1043	1043	20 knows or has reason to know that one or more persons is present
1044	1044	21 or he or she knowingly enters the dwelling place of another and
1045	1045	22 remains in the dwelling place until he or she knows or has
1046	1046	23 reason to know that one or more persons is present or who
1047	1047	24 falsely represents himself or herself, including but not
1048	1048	25 limited to, falsely representing himself or herself to be a
1049	1049
1050	1050
1051	1051
1052	1052
1053	1053
1054	1054	HB1835 - 28 - LRB104 07318 RLC 17357 b
1055	1055
1056	1056
1057	1057	HB1835- 29 -LRB104 07318 RLC 17357 b HB1835 - 29 - LRB104 07318 RLC 17357 b
1058	1058	HB1835 - 29 - LRB104 07318 RLC 17357 b
1059	1059	1 representative of any unit of government or a construction,
1060	1060	2 telecommunications, or utility company, for the purpose of
1061	1061	3 gaining entry to the dwelling place of another when he or she
1062	1062	4 knows or has reason to know that one or more persons are
1063	1063	5 present and
1064	1064	6 (1) While armed with a dangerous weapon, other than a
1065	1065	7 firearm, uses force or threatens the imminent use of force
1066	1066	8 upon any person or persons within the dwelling place
1067	1067	9 whether or not injury occurs, or
1068	1068	10 (2) Intentionally causes any injury, except as
1069	1069	11 provided in subsection (a)(5), to any person or persons
1070	1070	12 within the dwelling place, or
1071	1071	13 (3) While armed with a firearm uses force or threatens
1072	1072	14 the imminent use of force upon any person or persons
1073	1073	15 within the dwelling place whether or not injury occurs, or
1074	1074	16 (4) Uses force or threatens the imminent use of force
1075	1075	17 upon any person or persons within the dwelling place
1076	1076	18 whether or not injury occurs and during the commission of
1077	1077	19 the offense personally discharges a firearm, or
1078	1078	20 (5) Personally discharges a firearm that proximately
1079	1079	21 causes great bodily harm, permanent disability, permanent
1080	1080	22 disfigurement, or death to another person within the
1081	1081	23 dwelling place, or
1082	1082	24 (6) Commits, against any person or persons within that
1083	1083	25 dwelling place, a violation of Section 11-1.20, 11-1.30,
1084	1084	26 11-1.40, 11-1.50, or 11-1.60 of this Code.
1085	1085
1086	1086
1087	1087
1088	1088
1089	1089
1090	1090	HB1835 - 29 - LRB104 07318 RLC 17357 b
1091	1091
1092	1092
1093	1093	HB1835- 30 -LRB104 07318 RLC 17357 b HB1835 - 30 - LRB104 07318 RLC 17357 b
1094	1094	HB1835 - 30 - LRB104 07318 RLC 17357 b
1095	1095	1 (b) It is an affirmative defense to a charge of home
1096	1096	2 invasion that the accused who knowingly enters the dwelling
1097	1097	3 place of another and remains in the dwelling place until he or
1098	1098	4 she knows or has reason to know that one or more persons is
1099	1099	5 present either immediately leaves the premises or surrenders
1100	1100	6 to the person or persons lawfully present therein without
1101	1101	7 either attempting to cause or causing serious bodily injury to
1102	1102	8 any person present therein.
1103	1103	9 (c) Sentence. Home invasion in violation of subsection
1104	1104	10 (a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of
1105	1105	11 subsection (a)(3) is a Class X felony for which up to 15 years
1106	1106	12 may shall be added to the term of imprisonment imposed by the
1107	1107	13 court, if the person committed the offense while personally
1108	1108	14 armed with a firearm, and while personally displaying the
1109	1109	15 firearm. A violation of subsection (a)(4) is a Class X felony
1110	1110	16 for which up to 20 years may shall be added to the term of
1111	1111	17 imprisonment imposed by the court. A violation of subsection
1112	1112	18 (a)(5) is a Class X felony for which up to 25 years may or up
1113	1113	19 to a term of natural life shall be added to the term of
1114	1114	20 imprisonment imposed by the court.
1115	1115	21 (d) For purposes of this Section, "dwelling place of
1116	1116	22 another" includes a dwelling place where the defendant
1117	1117	23 maintains a tenancy interest but from which the defendant has
1118	1118	24 been barred by a divorce decree, judgment of dissolution of
1119	1119	25 marriage, order of protection, or other court order.
1120	1120	26 (Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11;
1121	1121
1122	1122
1123	1123
1124	1124
1125	1125
1126	1126	HB1835 - 30 - LRB104 07318 RLC 17357 b
1127	1127
1128	1128
1129	1129	HB1835- 31 -LRB104 07318 RLC 17357 b HB1835 - 31 - LRB104 07318 RLC 17357 b
1130	1130	HB1835 - 31 - LRB104 07318 RLC 17357 b
1131	1131	1 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
1132	1132	2 Section 10. The Unified Code of Corrections is amended by
1133	1133	3 changing Section 5-8-1 as follows:
1134	1134	4 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
1135	1135	5 Sec. 5-8-1. Natural life imprisonment; enhancements for
1136	1136	6 use of a firearm; mandatory supervised release terms.
1137	1137	7 (a) Except as otherwise provided in the statute defining
1138	1138	8 the offense or in Article 4.5 of Chapter V, a sentence of
1139	1139	9 imprisonment for a felony shall be a determinate sentence set
1140	1140	10 by the court under this Section, subject to Section 5-4.5-115
1141	1141	11 of this Code, according to the following limitations:
1142	1142	12 (1) for first degree murder,
1143	1143	13 (a) (blank),
1144	1144	14 (b) if a trier of fact finds beyond a reasonable
1145	1145	15 doubt that the murder was accompanied by exceptionally
1146	1146	16 brutal or heinous behavior indicative of wanton
1147	1147	17 cruelty or, except as set forth in subsection
1148	1148	18 (a)(1)(c) of this Section, that any of the aggravating
1149	1149	19 factors listed in subparagraph (b-5) are present, the
1150	1150	20 court may sentence the defendant, subject to Section
1151	1151	21 5-4.5-105, to a term of natural life imprisonment, or
1152	1152	22 (b-5) a A defendant who at the time of the
1153	1153	23 commission of the offense has attained the age of 18 or
1154	1154	24 more and who has been found guilty of first degree
1155	1155
1156	1156
1157	1157
1158	1158
1159	1159
1160	1160	HB1835 - 31 - LRB104 07318 RLC 17357 b
1161	1161
1162	1162
1163	1163	HB1835- 32 -LRB104 07318 RLC 17357 b HB1835 - 32 - LRB104 07318 RLC 17357 b
1164	1164	HB1835 - 32 - LRB104 07318 RLC 17357 b
1165	1165	1 murder may be sentenced to a term of natural life
1166	1166	2 imprisonment if:
1167	1167	3 (1) the murdered individual was an inmate at
1168	1168	4 an institution or facility of the Department of
1169	1169	5 Corrections, or any similar local correctional
1170	1170	6 agency and was killed on the grounds thereof, or
1171	1171	7 the murdered individual was otherwise present in
1172	1172	8 such institution or facility with the knowledge
1173	1173	9 and approval of the chief administrative officer
1174	1174	10 thereof;
1175	1175	11 (2) the murdered individual was killed as a
1176	1176	12 result of the hijacking of an airplane, train,
1177	1177	13 ship, bus, or other public conveyance;
1178	1178	14 (3) the defendant committed the murder
1179	1179	15 pursuant to a contract, agreement, or
1180	1180	16 understanding by which he or she was to receive
1181	1181	17 money or anything of value in return for
1182	1182	18 committing the murder or procured another to
1183	1183	19 commit the murder for money or anything of value;
1184	1184	20 (4) the murdered individual was killed in the
1185	1185	21 course of another felony if:
1186	1186	22 (A) the murdered individual:
1187	1187	23 (i) was actually killed by the
1188	1188	24 defendant, or
1189	1189	25 (ii) received physical injuries
1190	1190	26 personally inflicted by the defendant
1191	1191
1192	1192
1193	1193
1194	1194
1195	1195
1196	1196	HB1835 - 32 - LRB104 07318 RLC 17357 b
1197	1197
1198	1198
1199	1199	HB1835- 33 -LRB104 07318 RLC 17357 b HB1835 - 33 - LRB104 07318 RLC 17357 b
1200	1200	HB1835 - 33 - LRB104 07318 RLC 17357 b
1201	1201	1 substantially contemporaneously with
1202	1202	2 physical injuries caused by one or more
1203	1203	3 persons for whose conduct the defendant is
1204	1204	4 legally accountable under Section 5-2 of
1205	1205	5 this Code, and the physical injuries
1206	1206	6 inflicted by either the defendant or the
1207	1207	7 other person or persons for whose conduct
1208	1208	8 he is legally accountable caused the death
1209	1209	9 of the murdered individual; and (B) in
1210	1210	10 performing the acts which caused the death
1211	1211	11 of the murdered individual or which
1212	1212	12 resulted in physical injuries personally
1213	1213	13 inflicted by the defendant on the murdered
1214	1214	14 individual under the circumstances of
1215	1215	15 subdivision (ii) of clause (A) of this
1216	1216	16 clause (4), the defendant acted with the
1217	1217	17 intent to kill the murdered individual or
1218	1218	18 with the knowledge that his or her acts
1219	1219	19 created a strong probability of death or
1220	1220	20 great bodily harm to the murdered
1221	1221	21 individual or another; and
1222	1222	22 (B) in performing the acts which caused
1223	1223	23 the death of the murdered individual or which
1224	1224	24 resulted in physical injuries personally
1225	1225	25 inflicted by the defendant on the murdered
1226	1226	26 individual under the circumstances of
1227	1227
1228	1228
1229	1229
1230	1230
1231	1231
1232	1232	HB1835 - 33 - LRB104 07318 RLC 17357 b
1233	1233
1234	1234
1235	1235	HB1835- 34 -LRB104 07318 RLC 17357 b HB1835 - 34 - LRB104 07318 RLC 17357 b
1236	1236	HB1835 - 34 - LRB104 07318 RLC 17357 b
1237	1237	1 subdivision (ii) of clause (A) of this clause
1238	1238	2 (4), the defendant acted with the intent to
1239	1239	3 kill the murdered individual or with the
1240	1240	4 knowledge that his or her acts created a
1241	1241	5 strong probability of death or great bodily
1242	1242	6 harm to the murdered individual or another;
1243	1243	7 and
1244	1244	8 (C) the other felony was an inherently
1245	1245	9 violent crime or the attempt to commit an
1246	1246	10 inherently violent crime. In this clause (C),
1247	1247	11 "inherently violent crime" includes, but is
1248	1248	12 not limited to, armed robbery, robbery,
1249	1249	13 predatory criminal sexual assault of a child,
1250	1250	14 aggravated criminal sexual assault, aggravated
1251	1251	15 kidnapping, aggravated vehicular hijacking,
1252	1252	16 aggravated arson, aggravated stalking,
1253	1253	17 residential burglary, and home invasion;
1254	1254	18 (5) the defendant committed the murder with
1255	1255	19 intent to prevent the murdered individual from
1256	1256	20 testifying or participating in any criminal
1257	1257	21 investigation or prosecution or giving material
1258	1258	22 assistance to the State in any investigation or
1259	1259	23 prosecution, either against the defendant or
1260	1260	24 another; or the defendant committed the murder
1261	1261	25 because the murdered individual was a witness in
1262	1262	26 any prosecution or gave material assistance to the
1263	1263
1264	1264
1265	1265
1266	1266
1267	1267
1268	1268	HB1835 - 34 - LRB104 07318 RLC 17357 b
1269	1269
1270	1270
1271	1271	HB1835- 35 -LRB104 07318 RLC 17357 b HB1835 - 35 - LRB104 07318 RLC 17357 b
1272	1272	HB1835 - 35 - LRB104 07318 RLC 17357 b
1273	1273	1 State in any investigation or prosecution, either
1274	1274	2 against the defendant or another; for purposes of
1275	1275	3 this clause (5), "participating in any criminal
1276	1276	4 investigation or prosecution" is intended to
1277	1277	5 include those appearing in the proceedings in any
1278	1278	6 capacity such as trial judges, prosecutors,
1279	1279	7 defense attorneys, investigators, witnesses, or
1280	1280	8 jurors;
1281	1281	9 (6) the defendant, while committing an offense
1282	1282	10 punishable under Section 401, 401.1, 401.2, 405,
1283	1283	11 405.2, 407, or 407.1 or subsection (b) of Section
1284	1284	12 404 of the Illinois Controlled Substances Act, or
1285	1285	13 while engaged in a conspiracy or solicitation to
1286	1286	14 commit such offense, intentionally killed an
1287	1287	15 individual or counseled, commanded, induced,
1288	1288	16 procured, or caused the intentional killing of the
1289	1289	17 murdered individual;
1290	1290	18 (7) the defendant was incarcerated in an
1291	1291	19 institution or facility of the Department of
1292	1292	20 Corrections at the time of the murder, and while
1293	1293	21 committing an offense punishable as a felony under
1294	1294	22 Illinois law, or while engaged in a conspiracy or
1295	1295	23 solicitation to commit such offense, intentionally
1296	1296	24 killed an individual or counseled, commanded,
1297	1297	25 induced, procured, or caused the intentional
1298	1298	26 killing of the murdered individual;
1299	1299
1300	1300
1301	1301
1302	1302
1303	1303
1304	1304	HB1835 - 35 - LRB104 07318 RLC 17357 b
1305	1305
1306	1306
1307	1307	HB1835- 36 -LRB104 07318 RLC 17357 b HB1835 - 36 - LRB104 07318 RLC 17357 b
1308	1308	HB1835 - 36 - LRB104 07318 RLC 17357 b
1309	1309	1 (8) the murder was committed in a cold,
1310	1310	2 calculated and premeditated manner pursuant to a
1311	1311	3 preconceived plan, scheme, or design to take a
1312	1312	4 human life by unlawful means, and the conduct of
1313	1313	5 the defendant created a reasonable expectation
1314	1314	6 that the death of a human being would result
1315	1315	7 therefrom;
1316	1316	8 (9) the defendant was a principal
1317	1317	9 administrator, organizer, or leader of a
1318	1318	10 calculated criminal drug conspiracy consisting of
1319	1319	11 a hierarchical position of authority superior to
1320	1320	12 that of all other members of the conspiracy, and
1321	1321	13 the defendant counseled, commanded, induced,
1322	1322	14 procured, or caused the intentional killing of the
1323	1323	15 murdered person;
1324	1324	16 (10) the murder was intentional and involved
1325	1325	17 the infliction of torture. For the purpose of this
1326	1326	18 clause (10), torture means the infliction of or
1327	1327	19 subjection to extreme physical pain, motivated by
1328	1328	20 an intent to increase or prolong the pain,
1329	1329	21 suffering, or agony of the victim;
1330	1330	22 (11) the murder was committed as a result of
1331	1331	23 the intentional discharge of a firearm by the
1332	1332	24 defendant from a motor vehicle and the victim was
1333	1333	25 not present within the motor vehicle;
1334	1334	26 (12) the murdered individual was a person with
1335	1335
1336	1336
1337	1337
1338	1338
1339	1339
1340	1340	HB1835 - 36 - LRB104 07318 RLC 17357 b
1341	1341
1342	1342
1343	1343	HB1835- 37 -LRB104 07318 RLC 17357 b HB1835 - 37 - LRB104 07318 RLC 17357 b
1344	1344	HB1835 - 37 - LRB104 07318 RLC 17357 b
1345	1345	1 a disability and the defendant knew or should have
1346	1346	2 known that the murdered individual was a person
1347	1347	3 with a disability. For purposes of this clause
1348	1348	4 (12), "person with a disability" means a person
1349	1349	5 who suffers from a permanent physical or mental
1350	1350	6 impairment resulting from disease, an injury, a
1351	1351	7 functional disorder, or a congenital condition
1352	1352	8 that renders the person incapable of adequately
1353	1353	9 providing for his or her own health or personal
1354	1354	10 care;
1355	1355	11 (13) the murdered individual was subject to an
1356	1356	12 order of protection and the murder was committed
1357	1357	13 by a person against whom the same order of
1358	1358	14 protection was issued under the Illinois Domestic
1359	1359	15 Violence Act of 1986;
1360	1360	16 (14) the murdered individual was known by the
1361	1361	17 defendant to be a teacher or other person employed
1362	1362	18 in any school and the teacher or other employee is
1363	1363	19 upon the grounds of a school or grounds adjacent
1364	1364	20 to a school, or is in any part of a building used
1365	1365	21 for school purposes;
1366	1366	22 (15) the murder was committed by the defendant
1367	1367	23 in connection with or as a result of the offense of
1368	1368	24 terrorism as defined in Section 29D-14.9 of this
1369	1369	25 Code;
1370	1370	26 (16) the murdered individual was a member of a
1371	1371
1372	1372
1373	1373
1374	1374
1375	1375
1376	1376	HB1835 - 37 - LRB104 07318 RLC 17357 b
1377	1377
1378	1378
1379	1379	HB1835- 38 -LRB104 07318 RLC 17357 b HB1835 - 38 - LRB104 07318 RLC 17357 b
1380	1380	HB1835 - 38 - LRB104 07318 RLC 17357 b
1381	1381	1 congregation engaged in prayer or other religious
1382	1382	2 activities at a church, synagogue, mosque, or
1383	1383	3 other building, structure, or place used for
1384	1384	4 religious worship; or
1385	1385	5 (17)(i) the murdered individual was a
1386	1386	6 physician, physician assistant, psychologist,
1387	1387	7 nurse, or advanced practice registered nurse;
1388	1388	8 (ii) the defendant knew or should have known
1389	1389	9 that the murdered individual was a physician,
1390	1390	10 physician assistant, psychologist, nurse, or
1391	1391	11 advanced practice registered nurse; and
1392	1392	12 (iii) the murdered individual was killed in
1393	1393	13 the course of acting in his or her capacity as a
1394	1394	14 physician, physician assistant, psychologist,
1395	1395	15 nurse, or advanced practice registered nurse, or
1396	1396	16 to prevent him or her from acting in that
1397	1397	17 capacity, or in retaliation for his or her acting
1398	1398	18 in that capacity.
1399	1399	19 (c) the court shall sentence the defendant to a
1400	1400	20 term of natural life imprisonment if the defendant, at
1401	1401	21 the time of the commission of the murder, had attained
1402	1402	22 the age of 18, and:
1403	1403	23 (i) has previously been convicted of first
1404	1404	24 degree murder under any state or federal law, or
1405	1405	25 (ii) is found guilty of murdering more than
1406	1406	26 one victim, or
1407	1407
1408	1408
1409	1409
1410	1410
1411	1411
1412	1412	HB1835 - 38 - LRB104 07318 RLC 17357 b
1413	1413
1414	1414
1415	1415	HB1835- 39 -LRB104 07318 RLC 17357 b HB1835 - 39 - LRB104 07318 RLC 17357 b
1416	1416	HB1835 - 39 - LRB104 07318 RLC 17357 b
1417	1417	1 (iii) is found guilty of murdering a peace
1418	1418	2 officer, fireman, or emergency management worker
1419	1419	3 when the peace officer, fireman, or emergency
1420	1420	4 management worker was killed in the course of
1421	1421	5 performing his official duties, or to prevent the
1422	1422	6 peace officer or fireman from performing his
1423	1423	7 official duties, or in retaliation for the peace
1424	1424	8 officer, fireman, or emergency management worker
1425	1425	9 from performing his official duties, and the
1426	1426	10 defendant knew or should have known that the
1427	1427	11 murdered individual was a peace officer, fireman,
1428	1428	12 or emergency management worker, or
1429	1429	13 (iv) is found guilty of murdering an employee
1430	1430	14 of an institution or facility of the Department of
1431	1431	15 Corrections, or any similar local correctional
1432	1432	16 agency, when the employee was killed in the course
1433	1433	17 of performing his official duties, or to prevent
1434	1434	18 the employee from performing his official duties,
1435	1435	19 or in retaliation for the employee performing his
1436	1436	20 official duties, or
1437	1437	21 (v) is found guilty of murdering an emergency
1438	1438	22 medical technician - ambulance, emergency medical
1439	1439	23 technician - intermediate, emergency medical
1440	1440	24 technician - paramedic, ambulance driver, or other
1441	1441	25 medical assistance or first aid person while
1442	1442	26 employed by a municipality or other governmental
1443	1443
1444	1444
1445	1445
1446	1446
1447	1447
1448	1448	HB1835 - 39 - LRB104 07318 RLC 17357 b
1449	1449
1450	1450
1451	1451	HB1835- 40 -LRB104 07318 RLC 17357 b HB1835 - 40 - LRB104 07318 RLC 17357 b
1452	1452	HB1835 - 40 - LRB104 07318 RLC 17357 b
1453	1453	1 unit when the person was killed in the course of
1454	1454	2 performing official duties or to prevent the
1455	1455	3 person from performing official duties or in
1456	1456	4 retaliation for performing official duties and the
1457	1457	5 defendant knew or should have known that the
1458	1458	6 murdered individual was an emergency medical
1459	1459	7 technician - ambulance, emergency medical
1460	1460	8 technician - intermediate, emergency medical
1461	1461	9 technician - paramedic, ambulance driver, or other
1462	1462	10 medical assistant or first aid personnel, or
1463	1463	11 (vi) (blank), or
1464	1464	12 (vii) is found guilty of first degree murder
1465	1465	13 and the murder was committed by reason of any
1466	1466	14 person's activity as a community policing
1467	1467	15 volunteer or to prevent any person from engaging
1468	1468	16 in activity as a community policing volunteer. For
1469	1469	17 the purpose of this Section, "community policing
1470	1470	18 volunteer" has the meaning ascribed to it in
1471	1471	19 Section 2-3.5 of the Criminal Code of 2012.
1472	1472	20 For purposes of clause (v), "emergency medical
1473	1473	21 technician - ambulance", "emergency medical technician -
1474	1474	22 intermediate", and "emergency medical technician -
1475	1475	23 paramedic", have the meanings ascribed to them in the
1476	1476	24 Emergency Medical Services (EMS) Systems Act.
1477	1477	25 (d)(i) if the person committed the offense while
1478	1478	26 personally armed with a firearm, and while
1479	1479
1480	1480
1481	1481
1482	1482
1483	1483
1484	1484	HB1835 - 40 - LRB104 07318 RLC 17357 b
1485	1485
1486	1486
1487	1487	HB1835- 41 -LRB104 07318 RLC 17357 b HB1835 - 41 - LRB104 07318 RLC 17357 b
1488	1488	HB1835 - 41 - LRB104 07318 RLC 17357 b
1489	1489	1 personally displaying the firearm, up to 15 years
1490	1490	2 may shall be added to the term of imprisonment
1491	1491	3 imposed by the court;
1492	1492	4 (ii) if, during the commission of the offense, the
1493	1493	5 person personally discharged a firearm, up to 20 years
1494	1494	6 may shall be added to the term of imprisonment imposed
1495	1495	7 by the court;
1496	1496	8 (iii) if, during the commission of the offense,
1497	1497	9 the person personally discharged a firearm that
1498	1498	10 proximately caused great bodily harm, permanent
1499	1499	11 disability, permanent disfigurement, or death to
1500	1500	12 another person, up to 25 years may or up to a term of
1501	1501	13 natural life shall be added to the term of
1502	1502	14 imprisonment imposed by the court.
1503	1503	15 (2) (blank);
1504	1504	16 (2.5) for a person who has attained the age of 18 years
1505	1505	17 at the time of the commission of the offense and who is
1506	1506	18 convicted under the circumstances described in subdivision
1507	1507	19 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
1508	1508	20 subsection (b) of Section 12-13, subdivision (d)(2) of
1509	1509	21 Section 11-1.30 or paragraph (2) of subsection (d) of
1510	1510	22 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
1511	1511	23 paragraph (1.2) of subsection (b) of Section 12-14.1,
1512	1512	24 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
1513	1513	25 subsection (b) of Section 12-14.1 of the Criminal Code of
1514	1514	26 1961 or the Criminal Code of 2012, the sentence shall be a
1515	1515
1516	1516
1517	1517
1518	1518
1519	1519
1520	1520	HB1835 - 41 - LRB104 07318 RLC 17357 b
1521	1521
1522	1522
1523	1523	HB1835- 42 -LRB104 07318 RLC 17357 b HB1835 - 42 - LRB104 07318 RLC 17357 b
1524	1524	HB1835 - 42 - LRB104 07318 RLC 17357 b
1525	1525	1 term of natural life imprisonment.
1526	1526	2 (b) (Blank).
1527	1527	3 (c) (Blank).
1528	1528	4 (d) Subject to earlier termination under Section 3-3-8,
1529	1529	5 the parole or mandatory supervised release term shall be
1530	1530	6 written as part of the sentencing order and shall be as
1531	1531	7 follows:
1532	1532	8 (1) for first degree murder or for the offenses of
1533	1533	9 predatory criminal sexual assault of a child, aggravated
1534	1534	10 criminal sexual assault, and criminal sexual assault if
1535	1535	11 committed on or before December 12, 2005, 3 years;
1536	1536	12 (1.5) except as provided in paragraph (7) of this
1537	1537	13 subsection (d), for a Class X felony except for the
1538	1538	14 offenses of predatory criminal sexual assault of a child,
1539	1539	15 aggravated criminal sexual assault, and criminal sexual
1540	1540	16 assault if committed on or after December 13, 2005 (the
1541	1541	17 effective date of Public Act 94-715) and except for the
1542	1542	18 offense of aggravated child pornography under Section
1543	1543	19 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
1544	1544	20 subsection (c-5) of Section 11-20.1 of the Criminal Code
1545	1545	21 of 1961 or the Criminal Code of 2012, if committed on or
1546	1546	22 after January 1, 2009, and except for the offense of
1547	1547	23 obscene depiction of a purported child with sentencing
1548	1548	24 under subsection (d) of Section 11-20.4 of the Criminal
1549	1549	25 Code of 2012, 18 months;
1550	1550	26 (2) except as provided in paragraph (7) of this
1551	1551
1552	1552
1553	1553
1554	1554
1555	1555
1556	1556	HB1835 - 42 - LRB104 07318 RLC 17357 b
1557	1557
1558	1558
1559	1559	HB1835- 43 -LRB104 07318 RLC 17357 b HB1835 - 43 - LRB104 07318 RLC 17357 b
1560	1560	HB1835 - 43 - LRB104 07318 RLC 17357 b
1561	1561	1 subsection (d), for a Class 1 felony or a Class 2 felony
1562	1562	2 except for the offense of criminal sexual assault if
1563	1563	3 committed on or after December 13, 2005 (the effective
1564	1564	4 date of Public Act 94-715) and except for the offenses of
1565	1565	5 manufacture and dissemination of child pornography under
1566	1566	6 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
1567	1567	7 Criminal Code of 1961 or the Criminal Code of 2012, if
1568	1568	8 committed on or after January 1, 2009, and except for the
1569	1569	9 offense of obscene depiction of a purported child under
1570	1570	10 paragraph (2) of subsection (b) of Section 11-20.4 of the
1571	1571	11 Criminal Code of 2012, 12 months;
1572	1572	12 (3) except as provided in paragraph (4), (6), or (7)
1573	1573	13 of this subsection (d), for a Class 3 felony or a Class 4
1574	1574	14 felony, 6 months; no later than 45 days after the onset of
1575	1575	15 the term of mandatory supervised release, the Prisoner
1576	1576	16 Review Board shall conduct a discretionary discharge
1577	1577	17 review pursuant to the provisions of Section 3-3-8, which
1578	1578	18 shall include the results of a standardized risk and needs
1579	1579	19 assessment tool administered by the Department of
1580	1580	20 Corrections; the changes to this paragraph (3) made by
1581	1581	21 Public Act 102-1104 this amendatory Act of the 102nd
1582	1582	22 General Assembly apply to all individuals released on
1583	1583	23 mandatory supervised release on or after December 6, 2022
1584	1584	24 (the effective date of Public Act 102-1104) this
1585	1585	25 amendatory Act of the 102nd General Assembly, including
1586	1586	26 those individuals whose sentences were imposed prior to
1587	1587
1588	1588
1589	1589
1590	1590
1591	1591
1592	1592	HB1835 - 43 - LRB104 07318 RLC 17357 b
1593	1593
1594	1594
1595	1595	HB1835- 44 -LRB104 07318 RLC 17357 b HB1835 - 44 - LRB104 07318 RLC 17357 b
1596	1596	HB1835 - 44 - LRB104 07318 RLC 17357 b
1597	1597	1 December 6, 2022 (the effective date of Public Act
1598	1598	2 102-1104) this amendatory Act of the 102nd General
1599	1599	3 Assembly;
1600	1600	4 (4) for defendants who commit the offense of predatory
1601	1601	5 criminal sexual assault of a child, aggravated criminal
1602	1602	6 sexual assault, or criminal sexual assault, on or after
1603	1603	7 December 13, 2005 (the effective date of Public Act
1604	1604	8 94-715), or who commit the offense of aggravated child
1605	1605	9 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
1606	1606	10 with sentencing under subsection (c-5) of Section 11-20.1
1607	1607	11 of the Criminal Code of 1961 or the Criminal Code of 2012,
1608	1608	12 manufacture of child pornography, or dissemination of
1609	1609	13 child pornography after January 1, 2009, or who commit the
1610	1610	14 offense of obscene depiction of a purported child under
1611	1611	15 paragraph (2) of subsection (b) of Section 11-20.4 of the
1612	1612	16 Criminal Code of 2012 or who commit the offense of obscene
1613	1613	17 depiction of a purported child with sentencing under
1614	1614	18 subsection (d) of Section 11-20.4 of the Criminal Code of
1615	1615	19 2012, the term of mandatory supervised release shall range
1616	1616	20 from a minimum of 3 years to a maximum of the natural life
1617	1617	21 of the defendant;
1618	1618	22 (5) if the victim is under 18 years of age, for a
1619	1619	23 second or subsequent offense of aggravated criminal sexual
1620	1620	24 abuse or felony criminal sexual abuse, 4 years, at least
1621	1621	25 the first 2 years of which the defendant shall serve in an
1622	1622	26 electronic monitoring or home detention program under
1623	1623
1624	1624
1625	1625
1626	1626
1627	1627
1628	1628	HB1835 - 44 - LRB104 07318 RLC 17357 b
1629	1629
1630	1630
1631	1631	HB1835- 45 -LRB104 07318 RLC 17357 b HB1835 - 45 - LRB104 07318 RLC 17357 b
1632	1632	HB1835 - 45 - LRB104 07318 RLC 17357 b
1633	1633	1 Article 8A of Chapter V of this Code;
1634	1634	2 (6) for a felony domestic battery, aggravated domestic
1635	1635	3 battery, stalking, aggravated stalking, and a felony
1636	1636	4 violation of an order of protection, 4 years;
1637	1637	5 (7) for any felony described in paragraph (a)(2)(ii),
1638	1638	6 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
1639	1639	7 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
1640	1640	8 3-6-3 of the Unified Code of Corrections requiring an
1641	1641	9 inmate to serve a minimum of 85% of their court-imposed
1642	1642	10 sentence, except for the offenses of predatory criminal
1643	1643	11 sexual assault of a child, aggravated criminal sexual
1644	1644	12 assault, and criminal sexual assault if committed on or
1645	1645	13 after December 13, 2005 (the effective date of Public Act
1646	1646	14 94-715) and except for the offense of aggravated child
1647	1647	15 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
1648	1648	16 with sentencing under subsection (c-5) of Section 11-20.1
1649	1649	17 of the Criminal Code of 1961 or the Criminal Code of 2012,
1650	1650	18 if committed on or after January 1, 2009, and except for
1651	1651	19 the offense of obscene depiction of a purported child with
1652	1652	20 sentencing under subsection (d) of Section 11-20.4 of the
1653	1653	21 Criminal Code of 2012, and except as provided in paragraph
1654	1654	22 (4) or paragraph (6) of this subsection (d), the term of
1655	1655	23 mandatory supervised release shall be as follows:
1656	1656	24 (A) Class X felony, 3 years;
1657	1657	25 (B) Class 1 or Class 2 felonies, 2 years;
1658	1658	26 (C) Class 3 or Class 4 felonies, 1 year.
1659	1659
1660	1660
1661	1661
1662	1662
1663	1663
1664	1664	HB1835 - 45 - LRB104 07318 RLC 17357 b
1665	1665
1666	1666
1667	1667	HB1835- 46 -LRB104 07318 RLC 17357 b HB1835 - 46 - LRB104 07318 RLC 17357 b
1668	1668	HB1835 - 46 - LRB104 07318 RLC 17357 b
1669	1669
1670	1670
1671	1671
1672	1672
1673	1673
1674	1674	HB1835 - 46 - LRB104 07318 RLC 17357 b