Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0277 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0277 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life imprisonment for first degree murder if the defendant, at the time of the commission of the murder, had attained the age of 18, and is found guilty of the first degree murder of a child under the age of 5 who is determined by the court, upon testimony of a physician, to have died from abusive head trauma caused by the defendant. Provides that "abusive head trauma" includes shaken baby syndrome. Defines "abusive head trauma" and shaken baby syndrome". LRB104 03917 RLC 13941 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0277 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life imprisonment for first degree murder if the defendant, at the time of the commission of the murder, had attained the age of 18, and is found guilty of the first degree murder of a child under the age of 5 who is determined by the court, upon testimony of a physician, to have died from abusive head trauma caused by the defendant. Provides that "abusive head trauma" includes shaken baby syndrome. Defines "abusive head trauma" and shaken baby syndrome". LRB104 03917 RLC 13941 b LRB104 03917 RLC 13941 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0277 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
44 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
55 Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life imprisonment for first degree murder if the defendant, at the time of the commission of the murder, had attained the age of 18, and is found guilty of the first degree murder of a child under the age of 5 who is determined by the court, upon testimony of a physician, to have died from abusive head trauma caused by the defendant. Provides that "abusive head trauma" includes shaken baby syndrome. Defines "abusive head trauma" and shaken baby syndrome".
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Unified Code of Corrections is amended by
1515 5 changing Section 5-8-1 as follows:
1616 6 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
1717 7 Sec. 5-8-1. Natural life imprisonment; enhancements for
1818 8 use of a firearm; mandatory supervised release terms.
1919 9 (a) Except as otherwise provided in the statute defining
2020 10 the offense or in Article 4.5 of Chapter V, a sentence of
2121 11 imprisonment for a felony shall be a determinate sentence set
2222 12 by the court under this Section, subject to Section 5-4.5-115
2323 13 of this Code, according to the following limitations:
2424 14 (1) for first degree murder,
2525 15 (a) (blank),
2626 16 (b) if a trier of fact finds beyond a reasonable
2727 17 doubt that the murder was accompanied by exceptionally
2828 18 brutal or heinous behavior indicative of wanton
2929 19 cruelty or, except as set forth in subsection
3030 20 (a)(1)(c) of this Section, that any of the aggravating
3131 21 factors listed in subparagraph (b-5) are present, the
3232 22 court may sentence the defendant, subject to Section
3333 23 5-4.5-105, to a term of natural life imprisonment, or
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0277 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
3838 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
3939 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
4040 Amends the Unified Code of Corrections. Provides that the court shall sentence the defendant to a term of natural life imprisonment for first degree murder if the defendant, at the time of the commission of the murder, had attained the age of 18, and is found guilty of the first degree murder of a child under the age of 5 who is determined by the court, upon testimony of a physician, to have died from abusive head trauma caused by the defendant. Provides that "abusive head trauma" includes shaken baby syndrome. Defines "abusive head trauma" and shaken baby syndrome".
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6868 1 (b-5) a A defendant who at the time of the
6969 2 commission of the offense has attained the age of 18 or
7070 3 more and who has been found guilty of first degree
7171 4 murder may be sentenced to a term of natural life
7272 5 imprisonment if:
7373 6 (1) the murdered individual was an inmate at
7474 7 an institution or facility of the Department of
7575 8 Corrections, or any similar local correctional
7676 9 agency and was killed on the grounds thereof, or
7777 10 the murdered individual was otherwise present in
7878 11 such institution or facility with the knowledge
7979 12 and approval of the chief administrative officer
8080 13 thereof;
8181 14 (2) the murdered individual was killed as a
8282 15 result of the hijacking of an airplane, train,
8383 16 ship, bus, or other public conveyance;
8484 17 (3) the defendant committed the murder
8585 18 pursuant to a contract, agreement, or
8686 19 understanding by which he or she was to receive
8787 20 money or anything of value in return for
8888 21 committing the murder or procured another to
8989 22 commit the murder for money or anything of value;
9090 23 (4) the murdered individual was killed in the
9191 24 course of another felony if:
9292 25 (A) the murdered individual:
9393 26 (i) was actually killed by the
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104104 1 defendant, or
105105 2 (ii) received physical injuries
106106 3 personally inflicted by the defendant
107107 4 substantially contemporaneously with
108108 5 physical injuries caused by one or more
109109 6 persons for whose conduct the defendant is
110110 7 legally accountable under Section 5-2 of
111111 8 this Code, and the physical injuries
112112 9 inflicted by either the defendant or the
113113 10 other person or persons for whose conduct
114114 11 he is legally accountable caused the death
115115 12 of the murdered individual; and (B) in
116116 13 performing the acts which caused the death
117117 14 of the murdered individual or which
118118 15 resulted in physical injuries personally
119119 16 inflicted by the defendant on the murdered
120120 17 individual under the circumstances of
121121 18 subdivision (ii) of clause (A) of this
122122 19 clause (4), the defendant acted with the
123123 20 intent to kill the murdered individual or
124124 21 with the knowledge that his or her acts
125125 22 created a strong probability of death or
126126 23 great bodily harm to the murdered
127127 24 individual or another; and
128128 25 (B) in performing the acts which caused
129129 26 the death of the murdered individual or which
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140140 1 resulted in physical injuries personally
141141 2 inflicted by the defendant on the murdered
142142 3 individual under the circumstances of
143143 4 subdivision (ii) of clause (A) of this clause
144144 5 (4), the defendant acted with the intent to
145145 6 kill the murdered individual or with the
146146 7 knowledge that his or her acts created a
147147 8 strong probability of death or great bodily
148148 9 harm to the murdered individual or another;
149149 10 and
150150 11 (C) the other felony was an inherently
151151 12 violent crime or the attempt to commit an
152152 13 inherently violent crime. In this clause (C),
153153 14 "inherently violent crime" includes, but is
154154 15 not limited to, armed robbery, robbery,
155155 16 predatory criminal sexual assault of a child,
156156 17 aggravated criminal sexual assault, aggravated
157157 18 kidnapping, aggravated vehicular hijacking,
158158 19 aggravated arson, aggravated stalking,
159159 20 residential burglary, and home invasion;
160160 21 (5) the defendant committed the murder with
161161 22 intent to prevent the murdered individual from
162162 23 testifying or participating in any criminal
163163 24 investigation or prosecution or giving material
164164 25 assistance to the State in any investigation or
165165 26 prosecution, either against the defendant or
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176176 1 another; or the defendant committed the murder
177177 2 because the murdered individual was a witness in
178178 3 any prosecution or gave material assistance to the
179179 4 State in any investigation or prosecution, either
180180 5 against the defendant or another; for purposes of
181181 6 this clause (5), "participating in any criminal
182182 7 investigation or prosecution" is intended to
183183 8 include those appearing in the proceedings in any
184184 9 capacity such as trial judges, prosecutors,
185185 10 defense attorneys, investigators, witnesses, or
186186 11 jurors;
187187 12 (6) the defendant, while committing an offense
188188 13 punishable under Section 401, 401.1, 401.2, 405,
189189 14 405.2, 407, or 407.1 or subsection (b) of Section
190190 15 404 of the Illinois Controlled Substances Act, or
191191 16 while engaged in a conspiracy or solicitation to
192192 17 commit such offense, intentionally killed an
193193 18 individual or counseled, commanded, induced,
194194 19 procured, or caused the intentional killing of the
195195 20 murdered individual;
196196 21 (7) the defendant was incarcerated in an
197197 22 institution or facility of the Department of
198198 23 Corrections at the time of the murder, and while
199199 24 committing an offense punishable as a felony under
200200 25 Illinois law, or while engaged in a conspiracy or
201201 26 solicitation to commit such offense, intentionally
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212212 1 killed an individual or counseled, commanded,
213213 2 induced, procured, or caused the intentional
214214 3 killing of the murdered individual;
215215 4 (8) the murder was committed in a cold,
216216 5 calculated and premeditated manner pursuant to a
217217 6 preconceived plan, scheme, or design to take a
218218 7 human life by unlawful means, and the conduct of
219219 8 the defendant created a reasonable expectation
220220 9 that the death of a human being would result
221221 10 therefrom;
222222 11 (9) the defendant was a principal
223223 12 administrator, organizer, or leader of a
224224 13 calculated criminal drug conspiracy consisting of
225225 14 a hierarchical position of authority superior to
226226 15 that of all other members of the conspiracy, and
227227 16 the defendant counseled, commanded, induced,
228228 17 procured, or caused the intentional killing of the
229229 18 murdered person;
230230 19 (10) the murder was intentional and involved
231231 20 the infliction of torture. For the purpose of this
232232 21 clause (10), torture means the infliction of or
233233 22 subjection to extreme physical pain, motivated by
234234 23 an intent to increase or prolong the pain,
235235 24 suffering, or agony of the victim;
236236 25 (11) the murder was committed as a result of
237237 26 the intentional discharge of a firearm by the
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248248 1 defendant from a motor vehicle and the victim was
249249 2 not present within the motor vehicle;
250250 3 (12) the murdered individual was a person with
251251 4 a disability and the defendant knew or should have
252252 5 known that the murdered individual was a person
253253 6 with a disability. For purposes of this clause
254254 7 (12), "person with a disability" means a person
255255 8 who suffers from a permanent physical or mental
256256 9 impairment resulting from disease, an injury, a
257257 10 functional disorder, or a congenital condition
258258 11 that renders the person incapable of adequately
259259 12 providing for his or her own health or personal
260260 13 care;
261261 14 (13) the murdered individual was subject to an
262262 15 order of protection and the murder was committed
263263 16 by a person against whom the same order of
264264 17 protection was issued under the Illinois Domestic
265265 18 Violence Act of 1986;
266266 19 (14) the murdered individual was known by the
267267 20 defendant to be a teacher or other person employed
268268 21 in any school and the teacher or other employee is
269269 22 upon the grounds of a school or grounds adjacent
270270 23 to a school, or is in any part of a building used
271271 24 for school purposes;
272272 25 (15) the murder was committed by the defendant
273273 26 in connection with or as a result of the offense of
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284284 1 terrorism as defined in Section 29D-14.9 of this
285285 2 Code;
286286 3 (16) the murdered individual was a member of a
287287 4 congregation engaged in prayer or other religious
288288 5 activities at a church, synagogue, mosque, or
289289 6 other building, structure, or place used for
290290 7 religious worship; or
291291 8 (17)(i) the murdered individual was a
292292 9 physician, physician assistant, psychologist,
293293 10 nurse, or advanced practice registered nurse;
294294 11 (ii) the defendant knew or should have known
295295 12 that the murdered individual was a physician,
296296 13 physician assistant, psychologist, nurse, or
297297 14 advanced practice registered nurse; and
298298 15 (iii) the murdered individual was killed in
299299 16 the course of acting in his or her capacity as a
300300 17 physician, physician assistant, psychologist,
301301 18 nurse, or advanced practice registered nurse, or
302302 19 to prevent him or her from acting in that
303303 20 capacity, or in retaliation for his or her acting
304304 21 in that capacity.
305305 22 (c) the court shall sentence the defendant to a
306306 23 term of natural life imprisonment if the defendant, at
307307 24 the time of the commission of the murder, had attained
308308 25 the age of 18, and:
309309 26 (i) has previously been convicted of first
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320320 1 degree murder under any state or federal law, or
321321 2 (ii) is found guilty of murdering more than
322322 3 one victim, or
323323 4 (iii) is found guilty of murdering a peace
324324 5 officer, fireman, or emergency management worker
325325 6 when the peace officer, fireman, or emergency
326326 7 management worker was killed in the course of
327327 8 performing his official duties, or to prevent the
328328 9 peace officer or fireman from performing his
329329 10 official duties, or in retaliation for the peace
330330 11 officer, fireman, or emergency management worker
331331 12 from performing his official duties, and the
332332 13 defendant knew or should have known that the
333333 14 murdered individual was a peace officer, fireman,
334334 15 or emergency management worker, or
335335 16 (iv) is found guilty of murdering an employee
336336 17 of an institution or facility of the Department of
337337 18 Corrections, or any similar local correctional
338338 19 agency, when the employee was killed in the course
339339 20 of performing his official duties, or to prevent
340340 21 the employee from performing his official duties,
341341 22 or in retaliation for the employee performing his
342342 23 official duties, or
343343 24 (v) is found guilty of murdering an emergency
344344 25 medical technician - ambulance, emergency medical
345345 26 technician - intermediate, emergency medical
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356356 1 technician - paramedic, ambulance driver, or other
357357 2 medical assistance or first aid person while
358358 3 employed by a municipality or other governmental
359359 4 unit when the person was killed in the course of
360360 5 performing official duties or to prevent the
361361 6 person from performing official duties or in
362362 7 retaliation for performing official duties and the
363363 8 defendant knew or should have known that the
364364 9 murdered individual was an emergency medical
365365 10 technician - ambulance, emergency medical
366366 11 technician - intermediate, emergency medical
367367 12 technician - paramedic, ambulance driver, or other
368368 13 medical assistant or first aid personnel, or
369369 14 (vi) (blank), or
370370 15 (vii) is found guilty of first degree murder
371371 16 and the murder was committed by reason of any
372372 17 person's activity as a community policing
373373 18 volunteer or to prevent any person from engaging
374374 19 in activity as a community policing volunteer. For
375375 20 the purpose of this Section, "community policing
376376 21 volunteer" has the meaning ascribed to it in
377377 22 Section 2-3.5 of the Criminal Code of 2012, or
378378 23 (viii) is found guilty of the first degree
379379 24 murder of a child under the age of 5 who is
380380 25 determined by the court, upon testimony of a
381381 26 physician, to have died from abusive head trauma
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392392 1 caused by the defendant.
393393 2 As used in clause (viii):
394394 3 "Abusive head trauma" means a head injury that is
395395 4 caused by shaking, throwing, hitting, slamming, or
396396 5 jerking. "Abusive head trauma" includes shaken baby
397397 6 syndrome.
398398 7 "Shaken baby syndrome" means a severe form of head
399399 8 injury that occurs when an infant or young child is
400400 9 shaken or thrown forcibly enough to cause the brain to
401401 10 rebound against the skull.
402402 11 For purposes of clause (v), "emergency medical
403403 12 technician - ambulance", "emergency medical technician -
404404 13 intermediate", and "emergency medical technician -
405405 14 paramedic", have the meanings ascribed to them in the
406406 15 Emergency Medical Services (EMS) Systems Act.
407407 16 (d)(i) if the person committed the offense while
408408 17 armed with a firearm, 15 years shall be added to
409409 18 the term of imprisonment imposed by the court;
410410 19 (ii) if, during the commission of the offense, the
411411 20 person personally discharged a firearm, 20 years shall
412412 21 be added to the term of imprisonment imposed by the
413413 22 court;
414414 23 (iii) if, during the commission of the offense,
415415 24 the person personally discharged a firearm that
416416 25 proximately caused great bodily harm, permanent
417417 26 disability, permanent disfigurement, or death to
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428428 1 another person, 25 years or up to a term of natural
429429 2 life shall be added to the term of imprisonment
430430 3 imposed by the court.
431431 4 (2) (blank);
432432 5 (2.5) for a person who has attained the age of 18 years
433433 6 at the time of the commission of the offense and who is
434434 7 convicted under the circumstances described in subdivision
435435 8 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
436436 9 subsection (b) of Section 12-13, subdivision (d)(2) of
437437 10 Section 11-1.30 or paragraph (2) of subsection (d) of
438438 11 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
439439 12 paragraph (1.2) of subsection (b) of Section 12-14.1,
440440 13 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
441441 14 subsection (b) of Section 12-14.1 of the Criminal Code of
442442 15 1961 or the Criminal Code of 2012, the sentence shall be a
443443 16 term of natural life imprisonment.
444444 17 (b) (Blank).
445445 18 (c) (Blank).
446446 19 (d) Subject to earlier termination under Section 3-3-8,
447447 20 the parole or mandatory supervised release term shall be
448448 21 written as part of the sentencing order and shall be as
449449 22 follows:
450450 23 (1) for first degree murder or for the offenses of
451451 24 predatory criminal sexual assault of a child, aggravated
452452 25 criminal sexual assault, and criminal sexual assault if
453453 26 committed on or before December 12, 2005, 3 years;
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464464 1 (1.5) except as provided in paragraph (7) of this
465465 2 subsection (d), for a Class X felony except for the
466466 3 offenses of predatory criminal sexual assault of a child,
467467 4 aggravated criminal sexual assault, and criminal sexual
468468 5 assault if committed on or after December 13, 2005 (the
469469 6 effective date of Public Act 94-715) and except for the
470470 7 offense of aggravated child pornography under Section
471471 8 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
472472 9 subsection (c-5) of Section 11-20.1 of the Criminal Code
473473 10 of 1961 or the Criminal Code of 2012, if committed on or
474474 11 after January 1, 2009, and except for the offense of
475475 12 obscene depiction of a purported child with sentencing
476476 13 under subsection (d) of Section 11-20.4 of the Criminal
477477 14 Code of 2012, 18 months;
478478 15 (2) except as provided in paragraph (7) of this
479479 16 subsection (d), for a Class 1 felony or a Class 2 felony
480480 17 except for the offense of criminal sexual assault if
481481 18 committed on or after December 13, 2005 (the effective
482482 19 date of Public Act 94-715) and except for the offenses of
483483 20 manufacture and dissemination of child pornography under
484484 21 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
485485 22 Criminal Code of 1961 or the Criminal Code of 2012, if
486486 23 committed on or after January 1, 2009, and except for the
487487 24 offense of obscene depiction of a purported child under
488488 25 paragraph (2) of subsection (b) of Section 11-20.4 of the
489489 26 Criminal Code of 2012, 12 months;
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500500 1 (3) except as provided in paragraph (4), (6), or (7)
501501 2 of this subsection (d), for a Class 3 felony or a Class 4
502502 3 felony, 6 months; no later than 45 days after the onset of
503503 4 the term of mandatory supervised release, the Prisoner
504504 5 Review Board shall conduct a discretionary discharge
505505 6 review pursuant to the provisions of Section 3-3-8, which
506506 7 shall include the results of a standardized risk and needs
507507 8 assessment tool administered by the Department of
508508 9 Corrections; the changes to this paragraph (3) made by
509509 10 Public Act 102-1104 this amendatory Act of the 102nd
510510 11 General Assembly apply to all individuals released on
511511 12 mandatory supervised release on or after December 6, 2022
512512 13 (the effective date of Public Act 102-1104) this
513513 14 amendatory Act of the 102nd General Assembly, including
514514 15 those individuals whose sentences were imposed prior to
515515 16 December 6, 2022 (the effective date of Public Act
516516 17 102-1104) this amendatory Act of the 102nd General
517517 18 Assembly;
518518 19 (4) for defendants who commit the offense of predatory
519519 20 criminal sexual assault of a child, aggravated criminal
520520 21 sexual assault, or criminal sexual assault, on or after
521521 22 December 13, 2005 (the effective date of Public Act
522522 23 94-715), or who commit the offense of aggravated child
523523 24 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
524524 25 with sentencing under subsection (c-5) of Section 11-20.1
525525 26 of the Criminal Code of 1961 or the Criminal Code of 2012,
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536536 1 manufacture of child pornography, or dissemination of
537537 2 child pornography after January 1, 2009, or who commit the
538538 3 offense of obscene depiction of a purported child under
539539 4 paragraph (2) of subsection (b) of Section 11-20.4 of the
540540 5 Criminal Code of 2012 or who commit the offense of obscene
541541 6 depiction of a purported child with sentencing under
542542 7 subsection (d) of Section 11-20.4 of the Criminal Code of
543543 8 2012, the term of mandatory supervised release shall range
544544 9 from a minimum of 3 years to a maximum of the natural life
545545 10 of the defendant;
546546 11 (5) if the victim is under 18 years of age, for a
547547 12 second or subsequent offense of aggravated criminal sexual
548548 13 abuse or felony criminal sexual abuse, 4 years, at least
549549 14 the first 2 years of which the defendant shall serve in an
550550 15 electronic monitoring or home detention program under
551551 16 Article 8A of Chapter V of this Code;
552552 17 (6) for a felony domestic battery, aggravated domestic
553553 18 battery, stalking, aggravated stalking, and a felony
554554 19 violation of an order of protection, 4 years;
555555 20 (7) for any felony described in paragraph (a)(2)(ii),
556556 21 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
557557 22 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
558558 23 3-6-3 of the Unified Code of Corrections requiring an
559559 24 inmate to serve a minimum of 85% of their court-imposed
560560 25 sentence, except for the offenses of predatory criminal
561561 26 sexual assault of a child, aggravated criminal sexual
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572572 1 assault, and criminal sexual assault if committed on or
573573 2 after December 13, 2005 (the effective date of Public Act
574574 3 94-715) and except for the offense of aggravated child
575575 4 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
576576 5 with sentencing under subsection (c-5) of Section 11-20.1
577577 6 of the Criminal Code of 1961 or the Criminal Code of 2012,
578578 7 if committed on or after January 1, 2009, and except for
579579 8 the offense of obscene depiction of a purported child with
580580 9 sentencing under subsection (d) of Section 11-20.4 of the
581581 10 Criminal Code of 2012, and except as provided in paragraph
582582 11 (4) or paragraph (6) of this subsection (d), the term of
583583 12 mandatory supervised release shall be as follows:
584584 13 (A) Class X felony, 3 years;
585585 14 (B) Class 1 or Class 2 felonies, 2 years;
586586 15 (C) Class 3 or Class 4 felonies, 1 year.
587587 16 (e) (Blank).
588588 17 (f) (Blank).
589589 18 (g) Notwithstanding any other provisions of this Act and
590590 19 of Public Act 101-652: (i) the provisions of paragraph (3) of
591591 20 subsection (d) are effective on July 1, 2022 and shall apply to
592592 21 all individuals convicted on or after the effective date of
593593 22 paragraph (3) of subsection (d); and (ii) the provisions of
594594 23 paragraphs (1.5) and (2) of subsection (d) are effective on
595595 24 July 1, 2021 and shall apply to all individuals convicted on or
596596 25 after the effective date of paragraphs (1.5) and (2) of
597597 26 subsection (d).
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