Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1849 Latest Draft

Bill / Introduced Version Filed 02/06/2025

                            104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1849 Introduced 2/5/2025, by Sen. Mary Edly-Allen 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 10141 RLC 20213 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1849 Introduced 2/5/2025, by Sen. Mary Edly-Allen 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 10141 RLC 20213 b     LRB104 10141 RLC 20213 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1849 Introduced 2/5/2025, by Sen. Mary Edly-Allen 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
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 10141 RLC 20213 b     LRB104 10141 RLC 20213 b
    LRB104 10141 RLC 20213 b
A BILL FOR
SB1849LRB104 10141 RLC 20213 b   SB1849  LRB104 10141 RLC 20213 b
  SB1849  LRB104 10141 RLC 20213 b
1  AN ACT concerning criminal law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Criminal Code of 2012 is amended by
5  changing Sections 8-4, 9-1.2, 10-2, 11-1.30, 11-1.40, 12-3.05,
6  18-2, 18-4, and 19-6 as follows:
7  (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
8  Sec. 8-4. Attempt.
9  (a) Elements of the offense.
10  A person commits the offense of attempt when, with intent
11  to commit a specific offense, he or she does any act that
12  constitutes a substantial step toward the commission of that
13  offense.
14  (b) Impossibility.
15  It is not a defense to a charge of attempt that because of
16  a misapprehension of the circumstances it would have been
17  impossible for the accused to commit the offense attempted.
18  (c) Sentence.
19  A person convicted of attempt may be fined or imprisoned
20  or both not to exceed the maximum provided for the offense
21  attempted but, except for an attempt to commit the offense
22  defined in Section 33A-2 of this Code:
23  (1) the sentence for attempt to commit first degree

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1849 Introduced 2/5/2025, by Sen. Mary Edly-Allen 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
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 10141 RLC 20213 b     LRB104 10141 RLC 20213 b
    LRB104 10141 RLC 20213 b
A BILL FOR

 

 

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



    LRB104 10141 RLC 20213 b

 

 



 

  SB1849  LRB104 10141 RLC 20213 b


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1  murder is the sentence for a Class X felony, except that
2  (A) an attempt to commit first degree murder when
3  at least one of the aggravating factors specified in
4  clauses (iii), (iv), and (v) of subsection (a)(1)(c)
5  of Section 5-8-1 of the Unified Code of Corrections is
6  present is a Class X felony for which the sentence
7  shall be a term of imprisonment of not less than 20
8  years and not more than 80 years;
9  (B) an attempt to commit first degree murder while
10  armed with a firearm is a Class X felony for which up
11  to 15 years may shall be added to the term of
12  imprisonment imposed by the court if the person
13  committed the offense while personally armed with the
14  firearm and while personally displaying the firearm;
15  (C) an attempt to commit first degree murder
16  during which the person personally discharged a
17  firearm is a Class X felony for which up to 20 years
18  may shall be added to the term of imprisonment imposed
19  by the court;
20  (D) an attempt to commit first degree murder
21  during which the person personally discharged a
22  firearm that proximately caused great bodily harm,
23  permanent disability, permanent disfigurement, or
24  death to another person is a Class X felony for which
25  up to 25 years may or up to a term of natural life
26  shall be added to the term of imprisonment imposed by

 

 

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1  the court; and
2  (E) if the defendant proves by a preponderance of
3  the evidence at sentencing that, at the time of the
4  attempted murder, he or she was acting under a sudden
5  and intense passion resulting from serious provocation
6  by the individual whom the defendant endeavored to
7  kill, or another, and, had the individual the
8  defendant endeavored to kill died, the defendant would
9  have negligently or accidentally caused that death,
10  then the sentence for the attempted murder is the
11  sentence for a Class 1 felony;
12  (2) the sentence for attempt to commit a Class X
13  felony is the sentence for a Class 1 felony;
14  (3) the sentence for attempt to commit a Class 1
15  felony is the sentence for a Class 2 felony;
16  (4) the sentence for attempt to commit a Class 2
17  felony is the sentence for a Class 3 felony; and
18  (5) the sentence for attempt to commit any felony
19  other than those specified in items (1), (2), (3), and (4)
20  of this subsection (c) is the sentence for a Class A
21  misdemeanor.
22  (Source: P.A. 103-51, eff. 1-1-24.)
23  (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
24  Sec. 9-1.2. Intentional homicide of an unborn child.
25  (a) A person commits the offense of intentional homicide

 

 

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1  of an unborn child if, in performing acts which cause the death
2  of an unborn child, he without lawful justification:
3  (1) either intended to cause the death of or do great
4  bodily harm to the pregnant individual or unborn child or
5  knew that such acts would cause death or great bodily harm
6  to the pregnant individual or unborn child; or
7  (2) knew that his acts created a strong probability of
8  death or great bodily harm to the pregnant individual or
9  unborn child; and
10  (3) knew that the individual was pregnant.
11  (b) For purposes of this Section, (1) "unborn child" shall
12  mean any individual of the human species from the implantation
13  of an embryo until birth, and (2) "person" shall not include
14  the pregnant woman whose unborn child is killed.
15  (c) This Section shall not apply to acts which cause the
16  death of an unborn child if those acts were committed during
17  any abortion, as defined in Section 1-10 of the Reproductive
18  Health Act, to which the pregnant individual has consented.
19  This Section shall not apply to acts which were committed
20  pursuant to usual and customary standards of medical practice
21  during diagnostic testing or therapeutic treatment.
22  (d) Penalty. The sentence for intentional homicide of an
23  unborn child shall be the same as for first degree murder,
24  except that:
25  (1) (blank);
26  (2) if the person committed the offense while

 

 

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  SB1849 - 5 - LRB104 10141 RLC 20213 b
1  personally armed with a firearm, and while personally
2  displaying the firearm, up to 15 years may shall be added
3  to the term of imprisonment imposed by the court;
4  (3) if, during the commission of the offense, the
5  person personally discharged a firearm, up to 20 years may
6  shall be added to the term of imprisonment imposed by the
7  court;
8  (4) if, during the commission of the offense, the
9  person personally discharged a firearm that proximately
10  caused great bodily harm, permanent disability, permanent
11  disfigurement, or death to another person, up to 25 years
12  may or up to a term of natural life shall be added to the
13  term of imprisonment imposed by the court.
14  (e) The provisions of this Act shall not be construed to
15  prohibit the prosecution of any person under any other
16  provision of law.
17  (Source: P.A. 103-51, eff. 1-1-24.)
18  (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
19  Sec. 10-2. Aggravated kidnaping.
20  (a) A person commits the offense of aggravated kidnaping
21  when he or she commits kidnapping and:
22  (1) kidnaps with the intent to obtain ransom from the
23  person kidnaped or from any other person;
24  (2) takes as his or her victim a child under the age of
25  13 years, or a person with a severe or profound

 

 

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  SB1849 - 6 - LRB104 10141 RLC 20213 b
1  intellectual disability;
2  (3) inflicts great bodily harm, other than by the
3  discharge of a firearm, or commits another felony upon his
4  or her victim;
5  (4) wears a hood, robe, or mask or conceals his or her
6  identity;
7  (5) commits the offense of kidnaping while armed with
8  a dangerous weapon, other than a firearm, as defined in
9  Section 33A-1 of this Code;
10  (6) commits the offense of kidnaping while armed with
11  a firearm;
12  (7) during the commission of the offense of kidnaping,
13  personally discharges a firearm; or
14  (8) during the commission of the offense of kidnaping,
15  personally discharges a firearm that proximately causes
16  great bodily harm, permanent disability, permanent
17  disfigurement, or death to another person.
18  As used in this Section, "ransom" includes money, benefit,
19  or other valuable thing or concession.
20  (b) Sentence. Aggravated kidnaping in violation of
21  paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
22  Class X felony. A violation of subsection (a)(6) is a Class X
23  felony for which up to 15 years may shall be added to the term
24  of imprisonment imposed by the court, if the person committed
25  the offense while personally armed with a firearm, and while
26  personally displaying the firearm. A violation of subsection

 

 

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1  (a)(7) is a Class X felony for which up to 20 years may shall
2  be added to the term of imprisonment imposed by the court. A
3  violation of subsection (a)(8) is a Class X felony for which up
4  to 25 years may or up to a term of natural life shall be added
5  to the term of imprisonment imposed by the court. An offender
6  under the age of 18 years at the time of the commission of
7  aggravated kidnaping in violation of paragraphs (1) through
8  (8) of subsection (a) shall be sentenced under Section
9  5-4.5-105 of the Unified Code of Corrections.
10  A person who has attained the age of 18 years at the time
11  of the commission of the offense and who is convicted of a
12  second or subsequent offense of aggravated kidnaping shall be
13  sentenced to a term of natural life imprisonment; except that
14  a sentence of natural life imprisonment shall not be imposed
15  under this Section unless the second or subsequent offense was
16  committed after conviction on the first offense. An offender
17  under the age of 18 years at the time of the commission of the
18  second or subsequent offense shall be sentenced under Section
19  5-4.5-105 of the Unified Code of Corrections.
20  (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
21  99-642, eff. 7-28-16.)
22  (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
23  Sec. 11-1.30. Aggravated Criminal Sexual Assault.
24  (a) A person commits aggravated criminal sexual assault if
25  that person commits criminal sexual assault and any of the

 

 

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  SB1849 - 8 - LRB104 10141 RLC 20213 b
1  following aggravating circumstances exist during the
2  commission of the offense or, for purposes of paragraph (7),
3  occur as part of the same course of conduct as the commission
4  of the offense:
5  (1) the person displays, threatens to use, or uses a
6  dangerous weapon, other than a firearm, or any other
7  object fashioned or used in a manner that leads the
8  victim, under the circumstances, reasonably to believe
9  that the object is a dangerous weapon;
10  (2) the person causes bodily harm to the victim,
11  except as provided in paragraph (10);
12  (3) the person acts in a manner that threatens or
13  endangers the life of the victim or any other person;
14  (4) the person commits the criminal sexual assault
15  during the course of committing or attempting to commit
16  any other felony;
17  (5) the victim is 60 years of age or older;
18  (6) the victim is a person with a physical disability;
19  (7) the person delivers (by injection, inhalation,
20  ingestion, transfer of possession, or any other means) any
21  controlled substance to the victim without the victim's
22  consent or by threat or deception for other than medical
23  purposes;
24  (8) the person is armed with a firearm;
25  (9) the person personally discharges a firearm during
26  the commission of the offense; or

 

 

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1  (10) the person personally discharges a firearm during
2  the commission of the offense, and that discharge
3  proximately causes great bodily harm, permanent
4  disability, permanent disfigurement, or death to another
5  person.
6  (b) A person commits aggravated criminal sexual assault if
7  that person is under 17 years of age and: (i) commits an act of
8  sexual penetration with a victim who is under 9 years of age;
9  or (ii) commits an act of sexual penetration with a victim who
10  is at least 9 years of age but under 13 years of age and the
11  person uses force or threat of force to commit the act.
12  (c) A person commits aggravated criminal sexual assault if
13  that person commits an act of sexual penetration with a victim
14  who is a person with a severe or profound intellectual
15  disability.
16  (d) Sentence.
17  (1) Aggravated criminal sexual assault in violation of
18  paragraph (2), (3), (4), (5), (6), or (7) of subsection
19  (a) or in violation of subsection (b) or (c) is a Class X
20  felony. A violation of subsection (a)(1) is a Class X
21  felony for which 10 years shall be added to the term of
22  imprisonment imposed by the court. A violation of
23  subsection (a)(8) is a Class X felony for which up to 15
24  years may shall be added to the term of imprisonment
25  imposed by the court, if the person committed the offense
26  while personally armed with a firearm, and while

 

 

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1  personally displaying the firearm. A violation of
2  subsection (a)(9) is a Class X felony for which up to 20
3  years may shall be added to the term of imprisonment
4  imposed by the court. A violation of subsection (a)(10) is
5  a Class X felony for which up to 25 years may or up to a
6  term of natural life imprisonment shall be added to the
7  term of imprisonment imposed by the court. An offender
8  under the age of 18 years at the time of the commission of
9  aggravated criminal sexual assault in violation of
10  paragraphs (1) through (10) of subsection (a) shall be
11  sentenced under Section 5-4.5-105 of the Unified Code of
12  Corrections.
13  (2) A person who has attained the age of 18 years at
14  the time of the commission of the offense and who is
15  convicted of a second or subsequent offense of aggravated
16  criminal sexual assault, or who is convicted of the
17  offense of aggravated criminal sexual assault after having
18  previously been convicted of the offense of criminal
19  sexual assault or the offense of predatory criminal sexual
20  assault of a child, or who is convicted of the offense of
21  aggravated criminal sexual assault after having previously
22  been convicted under the laws of this or any other state of
23  an offense that is substantially equivalent to the offense
24  of criminal sexual assault, the offense of aggravated
25  criminal sexual assault or the offense of predatory
26  criminal sexual assault of a child, shall be sentenced to

 

 

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1  a term of natural life imprisonment. The commission of the
2  second or subsequent offense is required to have been
3  after the initial conviction for this paragraph (2) to
4  apply. An offender under the age of 18 years at the time of
5  the commission of the offense covered by this paragraph
6  (2) shall be sentenced under Section 5-4.5-105 of the
7  Unified Code of Corrections.
8  (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
9  99-642, eff. 7-28-16.)
10  (720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
11  Sec. 11-1.40. Predatory criminal sexual assault of a
12  child.
13  (a) A person commits predatory criminal sexual assault of
14  a child if that person is 17 years of age or older, and commits
15  an act of contact, however slight, between the sex organ or
16  anus of one person and the part of the body of another for the
17  purpose of sexual gratification or arousal of the victim or
18  the accused, or an act of sexual penetration, and:
19  (1) the victim is under 13 years of age; or
20  (2) the victim is under 13 years of age and that
21  person:
22  (A) is armed with a firearm;
23  (B) personally discharges a firearm during the
24  commission of the offense;
25  (C) causes great bodily harm to the victim that:

 

 

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1  (i) results in permanent disability; or
2  (ii) is life threatening; or
3  (D) delivers (by injection, inhalation, ingestion,
4  transfer of possession, or any other means) any
5  controlled substance to the victim without the
6  victim's consent or by threat or deception, for other
7  than medical purposes.
8  (b) Sentence.
9  (1) A person convicted of a violation of subsection
10  (a)(1) commits a Class X felony, for which the person
11  shall be sentenced to a term of imprisonment of not less
12  than 6 years and not more than 60 years. A person convicted
13  of a violation of subsection (a)(2)(A) commits a Class X
14  felony for which up to 15 years may shall be added to the
15  term of imprisonment imposed by the court, if the person
16  committed the offense while personally armed with a
17  firearm, and while personally displaying the firearm. A
18  person convicted of a violation of subsection (a)(2)(B)
19  commits a Class X felony for which up to 20 years may shall
20  be added to the term of imprisonment imposed by the court.
21  A person who has attained the age of 18 years at the time
22  of the commission of the offense and who is convicted of a
23  violation of subsection (a)(2)(C) commits a Class X felony
24  for which the person shall be sentenced to a term of
25  imprisonment of not less than 50 years or up to a term of
26  natural life imprisonment. An offender under the age of 18

 

 

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1  years at the time of the commission of predatory criminal
2  sexual assault of a child in violation of subsections
3  (a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be
4  sentenced under Section 5-4.5-105 of the Unified Code of
5  Corrections.
6  (1.1) A person convicted of a violation of subsection
7  (a)(2)(D) commits a Class X felony for which the person
8  shall be sentenced to a term of imprisonment of not less
9  than 50 years and not more than 60 years. An offender under
10  the age of 18 years at the time of the commission of
11  predatory criminal sexual assault of a child in violation
12  of subsection (a)(2)(D) shall be sentenced under Section
13  5-4.5-105 of the Unified Code of Corrections.
14  (1.2) A person who has attained the age of 18 years at
15  the time of the commission of the offense and convicted of
16  predatory criminal sexual assault of a child committed
17  against 2 or more persons regardless of whether the
18  offenses occurred as the result of the same act or of
19  several related or unrelated acts shall be sentenced to a
20  term of natural life imprisonment and an offender under
21  the age of 18 years at the time of the commission of the
22  offense shall be sentenced under Section 5-4.5-105 of the
23  Unified Code of Corrections.
24  (2) A person who has attained the age of 18 years at
25  the time of the commission of the offense and who is
26  convicted of a second or subsequent offense of predatory

 

 

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1  criminal sexual assault of a child, or who is convicted of
2  the offense of predatory criminal sexual assault of a
3  child after having previously been convicted of the
4  offense of criminal sexual assault or the offense of
5  aggravated criminal sexual assault, or who is convicted of
6  the offense of predatory criminal sexual assault of a
7  child after having previously been convicted under the
8  laws of this State or any other state of an offense that is
9  substantially equivalent to the offense of predatory
10  criminal sexual assault of a child, the offense of
11  aggravated criminal sexual assault or the offense of
12  criminal sexual assault, shall be sentenced to a term of
13  natural life imprisonment. The commission of the second or
14  subsequent offense is required to have been after the
15  initial conviction for this paragraph (2) to apply. An
16  offender under the age of 18 years at the time of the
17  commission of the offense covered by this paragraph (2)
18  shall be sentenced under Section 5-4.5-105 of the Unified
19  Code of Corrections.
20  (Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14;
21  98-903, eff. 8-15-14; 99-69, eff. 1-1-16.)
22  (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
23  Sec. 12-3.05. Aggravated battery.
24  (a) Offense based on injury. A person commits aggravated
25  battery when, in committing a battery, other than by the

 

 

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1  discharge of a firearm, he or she knowingly does any of the
2  following:
3  (1) Causes great bodily harm or permanent disability
4  or disfigurement.
5  (2) Causes severe and permanent disability, great
6  bodily harm, or disfigurement by means of a caustic or
7  flammable substance, a poisonous gas, a deadly biological
8  or chemical contaminant or agent, a radioactive substance,
9  or a bomb or explosive compound.
10  (3) Causes great bodily harm or permanent disability
11  or disfigurement to an individual whom the person knows to
12  be a peace officer, community policing volunteer, fireman,
13  private security officer, correctional institution
14  employee, or Department of Human Services employee
15  supervising or controlling sexually dangerous persons or
16  sexually violent persons:
17  (i) performing his or her official duties;
18  (ii) battered to prevent performance of his or her
19  official duties; or
20  (iii) battered in retaliation for performing his
21  or her official duties.
22  (4) Causes great bodily harm or permanent disability
23  or disfigurement to an individual 60 years of age or
24  older.
25  (5) Strangles another individual.
26  (b) Offense based on injury to a child or person with an

 

 

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1  intellectual disability. A person who is at least 18 years of
2  age commits aggravated battery when, in committing a battery,
3  he or she knowingly and without legal justification by any
4  means:
5  (1) causes great bodily harm or permanent disability
6  or disfigurement to any child under the age of 13 years, or
7  to any person with a severe or profound intellectual
8  disability; or
9  (2) causes bodily harm or disability or disfigurement
10  to any child under the age of 13 years or to any person
11  with a severe or profound intellectual disability.
12  (c) Offense based on location of conduct. A person commits
13  aggravated battery when, in committing a battery, other than
14  by the discharge of a firearm, he or she is or the person
15  battered is on or about a public way, public property, a public
16  place of accommodation or amusement, a sports venue, or a
17  domestic violence shelter, or in a church, synagogue, mosque,
18  or other building, structure, or place used for religious
19  worship.
20  (d) Offense based on status of victim. A person commits
21  aggravated battery when, in committing a battery, other than
22  by discharge of a firearm, he or she knows the individual
23  battered to be any of the following:
24  (1) A person 60 years of age or older.
25  (2) A person who is pregnant or has a physical
26  disability.

 

 

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1  (3) A teacher or school employee upon school grounds
2  or grounds adjacent to a school or in any part of a
3  building used for school purposes.
4  (4) A peace officer, community policing volunteer,
5  fireman, private security officer, correctional
6  institution employee, or Department of Human Services
7  employee supervising or controlling sexually dangerous
8  persons or sexually violent persons:
9  (i) performing his or her official duties;
10  (ii) battered to prevent performance of his or her
11  official duties; or
12  (iii) battered in retaliation for performing his
13  or her official duties.
14  (5) A judge, emergency management worker, emergency
15  medical services personnel, or utility worker:
16  (i) performing his or her official duties;
17  (ii) battered to prevent performance of his or her
18  official duties; or
19  (iii) battered in retaliation for performing his
20  or her official duties.
21  (6) An officer or employee of the State of Illinois, a
22  unit of local government, or a school district, while
23  performing his or her official duties.
24  (7) A transit employee performing his or her official
25  duties, or a transit passenger.
26  (8) A taxi driver on duty.

 

 

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1  (9) A merchant who detains the person for an alleged
2  commission of retail theft under Section 16-26 of this
3  Code and the person without legal justification by any
4  means causes bodily harm to the merchant.
5  (10) A person authorized to serve process under
6  Section 2-202 of the Code of Civil Procedure or a special
7  process server appointed by the circuit court while that
8  individual is in the performance of his or her duties as a
9  process server.
10  (11) A nurse while in the performance of his or her
11  duties as a nurse.
12  (12) A merchant: (i) while performing his or her
13  duties, including, but not limited to, relaying directions
14  for healthcare or safety from his or her supervisor or
15  employer or relaying health or safety guidelines,
16  recommendations, regulations, or rules from a federal,
17  State, or local public health agency; and (ii) during a
18  disaster declared by the Governor, or a state of emergency
19  declared by the mayor of the municipality in which the
20  merchant is located, due to a public health emergency and
21  for a period of 6 months after such declaration.
22  (e) Offense based on use of a firearm. A person commits
23  aggravated battery when, in committing a battery, he or she
24  knowingly does any of the following:
25  (1) Discharges a firearm, other than a machine gun or
26  a firearm equipped with a silencer, and causes any injury

 

 

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1  to another person.
2  (2) Discharges a firearm, other than a machine gun or
3  a firearm equipped with a silencer, and causes any injury
4  to a person he or she knows to be a peace officer,
5  community policing volunteer, person summoned by a police
6  officer, fireman, private security officer, correctional
7  institution employee, or emergency management worker:
8  (i) performing his or her official duties;
9  (ii) battered to prevent performance of his or her
10  official duties; or
11  (iii) battered in retaliation for performing his
12  or her official duties.
13  (3) Discharges a firearm, other than a machine gun or
14  a firearm equipped with a silencer, and causes any injury
15  to a person he or she knows to be emergency medical
16  services personnel:
17  (i) performing his or her official duties;
18  (ii) battered to prevent performance of his or her
19  official duties; or
20  (iii) battered in retaliation for performing his
21  or her official duties.
22  (4) Discharges a firearm and causes any injury to a
23  person he or she knows to be a teacher, a student in a
24  school, or a school employee, and the teacher, student, or
25  employee is upon school grounds or grounds adjacent to a
26  school or in any part of a building used for school

 

 

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1  purposes.
2  (5) Discharges a machine gun or a firearm equipped
3  with a silencer, and causes any injury to another person.
4  (6) Discharges a machine gun or a firearm equipped
5  with a silencer, and causes any injury to a person he or
6  she knows to be a peace officer, community policing
7  volunteer, person summoned by a police officer, fireman,
8  private security officer, correctional institution
9  employee or emergency management worker:
10  (i) performing his or her official duties;
11  (ii) battered to prevent performance of his or her
12  official duties; or
13  (iii) battered in retaliation for performing his
14  or her official duties.
15  (7) Discharges a machine gun or a firearm equipped
16  with a silencer, and causes any injury to a person he or
17  she knows to be emergency medical services personnel:
18  (i) performing his or her official duties;
19  (ii) battered to prevent performance of his or her
20  official duties; or
21  (iii) battered in retaliation for performing his
22  or her official duties.
23  (8) Discharges a machine gun or a firearm equipped
24  with a silencer, and causes any injury to a person he or
25  she knows to be a teacher, or a student in a school, or a
26  school employee, and the teacher, student, or employee is

 

 

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1  upon school grounds or grounds adjacent to a school or in
2  any part of a building used for school purposes.
3  (f) Offense based on use of a weapon or device. A person
4  commits aggravated battery when, in committing a battery, he
5  or she does any of the following:
6  (1) Uses a deadly weapon other than by discharge of a
7  firearm, or uses an air rifle as defined in Section
8  24.8-0.1 of this Code.
9  (2) Wears a hood, robe, or mask to conceal his or her
10  identity.
11  (3) Knowingly and without lawful justification shines
12  or flashes a laser gunsight or other laser device attached
13  to a firearm, or used in concert with a firearm, so that
14  the laser beam strikes upon or against the person of
15  another.
16  (4) Knowingly video or audio records the offense with
17  the intent to disseminate the recording.
18  (g) Offense based on certain conduct. A person commits
19  aggravated battery when, other than by discharge of a firearm,
20  he or she does any of the following:
21  (1) Violates Section 401 of the Illinois Controlled
22  Substances Act by unlawfully delivering a controlled
23  substance to another and any user experiences great bodily
24  harm or permanent disability as a result of the injection,
25  inhalation, or ingestion of any amount of the controlled
26  substance.

 

 

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1  (2) Knowingly administers to an individual or causes
2  him or her to take, without his or her consent or by threat
3  or deception, and for other than medical purposes, any
4  intoxicating, poisonous, stupefying, narcotic,
5  anesthetic, or controlled substance, or gives to another
6  person any food containing any substance or object
7  intended to cause physical injury if eaten.
8  (3) Knowingly causes or attempts to cause a
9  correctional institution employee or Department of Human
10  Services employee to come into contact with blood, seminal
11  fluid, urine, or feces by throwing, tossing, or expelling
12  the fluid or material, and the person is an inmate of a
13  penal institution or is a sexually dangerous person or
14  sexually violent person in the custody of the Department
15  of Human Services.
16  (h) Sentence. Unless otherwise provided, aggravated
17  battery is a Class 3 felony.
18  Aggravated battery as defined in subdivision (a)(4),
19  (d)(4), or (g)(3) is a Class 2 felony.
20  Aggravated battery as defined in subdivision (a)(3) or
21  (g)(1) is a Class 1 felony.
22  Aggravated battery as defined in subdivision (a)(1) is a
23  Class 1 felony when the aggravated battery was intentional and
24  involved the infliction of torture, as defined in paragraph
25  (10) of subsection (b-5) of Section 5-8-1 of the Unified Code
26  of Corrections, as the infliction of or subjection to extreme

 

 

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1  physical pain, motivated by an intent to increase or prolong
2  the pain, suffering, or agony of the victim.
3  Aggravated battery as defined in subdivision (a)(1) is a
4  Class 2 felony when the person causes great bodily harm or
5  permanent disability to an individual whom the person knows to
6  be a member of a congregation engaged in prayer or other
7  religious activities at a church, synagogue, mosque, or other
8  building, structure, or place used for religious worship.
9  Aggravated battery under subdivision (a)(5) is a Class 1
10  felony if:
11  (A) the person used or attempted to use a dangerous
12  instrument while committing the offense;
13  (B) the person caused great bodily harm or permanent
14  disability or disfigurement to the other person while
15  committing the offense; or
16  (C) the person has been previously convicted of a
17  violation of subdivision (a)(5) under the laws of this
18  State or laws similar to subdivision (a)(5) of any other
19  state.
20  Aggravated battery as defined in subdivision (e)(1) is a
21  Class X felony.
22  Aggravated battery as defined in subdivision (a)(2) is a
23  Class X felony for which a person shall be sentenced to a term
24  of imprisonment of a minimum of 6 years and a maximum of 45
25  years.
26  Aggravated battery as defined in subdivision (e)(5) is a

 

 

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1  Class X felony for which a person shall be sentenced to a term
2  of imprisonment of a minimum of 12 years and a maximum of 45
3  years.
4  Aggravated battery as defined in subdivision (e)(2),
5  (e)(3), or (e)(4) is a Class X felony for which a person shall
6  be sentenced to a term of imprisonment of a minimum of 15 years
7  and a maximum of 60 years.
8  Aggravated battery as defined in subdivision (e)(6),
9  (e)(7), or (e)(8) is a Class X felony for which a person shall
10  be sentenced to a term of imprisonment of a minimum of 20 years
11  and a maximum of 60 years.
12  Aggravated battery as defined in subdivision (b)(1) is a
13  Class X felony, except that:
14  (1) if the person committed the offense while
15  personally armed with a firearm, and while personally
16  displaying the firearm, up to 15 years may shall be added
17  to the term of imprisonment imposed by the court;
18  (2) if, during the commission of the offense, the
19  person personally discharged a firearm, up to 20 years may
20  shall be added to the term of imprisonment imposed by the
21  court;
22  (3) if, during the commission of the offense, the
23  person personally discharged a firearm that proximately
24  caused great bodily harm, permanent disability, permanent
25  disfigurement, or death to another person, up to 25 years
26  may or up to a term of natural life shall be added to the

 

 

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1  term of imprisonment imposed by the court.
2  (i) Definitions. In this Section:
3  "Building or other structure used to provide shelter" has
4  the meaning ascribed to "shelter" in Section 1 of the Domestic
5  Violence Shelters Act.
6  "Domestic violence" has the meaning ascribed to it in
7  Section 103 of the Illinois Domestic Violence Act of 1986.
8  "Domestic violence shelter" means any building or other
9  structure used to provide shelter or other services to victims
10  or to the dependent children of victims of domestic violence
11  pursuant to the Illinois Domestic Violence Act of 1986 or the
12  Domestic Violence Shelters Act, or any place within 500 feet
13  of such a building or other structure in the case of a person
14  who is going to or from such a building or other structure.
15  "Firearm" has the meaning provided under Section 1.1 of
16  the Firearm Owners Identification Card Act, and does not
17  include an air rifle as defined by Section 24.8-0.1 of this
18  Code.
19  "Machine gun" has the meaning ascribed to it in Section
20  24-1 of this Code.
21  "Merchant" has the meaning ascribed to it in Section
22  16-0.1 of this Code.
23  "Strangle" means intentionally impeding the normal
24  breathing or circulation of the blood of an individual by
25  applying pressure on the throat or neck of that individual or
26  by blocking the nose or mouth of that individual.

 

 

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1  (Source: P.A. 103-51, eff. 1-1-24.)
2  (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
3  Sec. 18-2. Armed robbery.
4  (a) A person commits armed robbery when he or she violates
5  Section 18-1; and
6  (1) he or she carries on or about his or her person or
7  is otherwise armed with a dangerous weapon other than a
8  firearm; or
9  (2) he or she carries on or about his or her person or
10  is otherwise armed with a firearm; or
11  (3) he or she, during the commission of the offense,
12  personally discharges a firearm; or
13  (4) he or she, during the commission of the offense,
14  personally discharges a firearm that proximately causes
15  great bodily harm, permanent disability, permanent
16  disfigurement, or death to another person.
17  (b) Sentence.
18  Armed robbery in violation of subsection (a)(1) is a Class
19  X felony. A violation of subsection (a)(2) is a Class X felony
20  for which up to 15 years may shall be added to the term of
21  imprisonment imposed by the court, if the person committed the
22  offense while personally armed with a firearm, and while
23  personally displaying the firearm. A violation of subsection
24  (a)(3) is a Class X felony for which up to 20 years may shall
25  be added to the term of imprisonment imposed by the court. A

 

 

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1  violation of subsection (a)(4) is a Class X felony for which up
2  to 25 years may or up to a term of natural life shall be added
3  to the term of imprisonment imposed by the court.
4  (Source: P.A. 91-404, eff. 1-1-00.)
5  (720 ILCS 5/18-4)
6  Sec. 18-4. Aggravated vehicular hijacking.
7  (a) A person commits aggravated vehicular hijacking when
8  he or she violates Section 18-3; and
9  (1) the person from whose immediate presence the motor
10  vehicle is taken is a person with a physical disability or
11  a person 60 years of age or over; or
12  (2) a person under 16 years of age is a passenger in
13  the motor vehicle at the time of the offense; or
14  (3) he or she carries on or about his or her person, or
15  is otherwise armed with a dangerous weapon, other than a
16  firearm; or
17  (4) he or she carries on or about his or her person or
18  is otherwise armed with a firearm; or
19  (5) he or she, during the commission of the offense,
20  personally discharges a firearm; or
21  (6) he or she, during the commission of the offense,
22  personally discharges a firearm that proximately causes
23  great bodily harm, permanent disability, permanent
24  disfigurement, or death to another person.
25  (b) Sentence. Aggravated vehicular hijacking in violation

 

 

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1  of subsections (a)(1) or (a)(2) is a Class X felony. A
2  violation of subsection (a)(3) is a Class X felony for which a
3  term of imprisonment of not less than 7 years shall be imposed.
4  A violation of subsection (a)(4) is a Class X felony for which
5  up to 15 years may shall be added to the term of imprisonment
6  imposed by the court, if the person committed the offense
7  while personally armed with a firearm, and while personally
8  displaying the firearm. A violation of subsection (a)(5) is a
9  Class X felony for which up to 20 years may shall be added to
10  the term of imprisonment imposed by the court. A violation of
11  subsection (a)(6) is a Class X felony for which up to 25 years
12  may or up to a term of natural life shall be added to the term
13  of imprisonment imposed by the court.
14  (Source: P.A. 99-143, eff. 7-27-15.)
15  (720 ILCS 5/19-6) (was 720 ILCS 5/12-11)
16  Sec. 19-6. Home Invasion.
17  (a) A person who is not a peace officer acting in the line
18  of duty commits home invasion when without authority he or she
19  knowingly enters the dwelling place of another when he or she
20  knows or has reason to know that one or more persons is present
21  or he or she knowingly enters the dwelling place of another and
22  remains in the dwelling place until he or she knows or has
23  reason to know that one or more persons is present or who
24  falsely represents himself or herself, including but not
25  limited to, falsely representing himself or herself to be a

 

 

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1  representative of any unit of government or a construction,
2  telecommunications, or utility company, for the purpose of
3  gaining entry to the dwelling place of another when he or she
4  knows or has reason to know that one or more persons are
5  present and
6  (1) While armed with a dangerous weapon, other than a
7  firearm, uses force or threatens the imminent use of force
8  upon any person or persons within the dwelling place
9  whether or not injury occurs, or
10  (2) Intentionally causes any injury, except as
11  provided in subsection (a)(5), to any person or persons
12  within the dwelling place, or
13  (3) While armed with a firearm uses force or threatens
14  the imminent use of force upon any person or persons
15  within the dwelling place whether or not injury occurs, or
16  (4) Uses force or threatens the imminent use of force
17  upon any person or persons within the dwelling place
18  whether or not injury occurs and during the commission of
19  the offense personally discharges a firearm, or
20  (5) Personally discharges a firearm that proximately
21  causes great bodily harm, permanent disability, permanent
22  disfigurement, or death to another person within the
23  dwelling place, or
24  (6) Commits, against any person or persons within that
25  dwelling place, a violation of Section 11-1.20, 11-1.30,
26  11-1.40, 11-1.50, or 11-1.60 of this Code.

 

 

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1  (b) It is an affirmative defense to a charge of home
2  invasion that the accused who knowingly enters the dwelling
3  place of another and remains in the dwelling place until he or
4  she knows or has reason to know that one or more persons is
5  present either immediately leaves the premises or surrenders
6  to the person or persons lawfully present therein without
7  either attempting to cause or causing serious bodily injury to
8  any person present therein.
9  (c) Sentence. Home invasion in violation of subsection
10  (a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of
11  subsection (a)(3) is a Class X felony for which up to 15 years
12  may shall be added to the term of imprisonment imposed by the
13  court, if the person committed the offense while personally
14  armed with a firearm, and while personally displaying the
15  firearm. A violation of subsection (a)(4) is a Class X felony
16  for which up to 20 years may shall be added to the term of
17  imprisonment imposed by the court. A violation of subsection
18  (a)(5) is a Class X felony for which up to 25 years may or up
19  to a term of natural life shall be added to the term of
20  imprisonment imposed by the court.
21  (d) For purposes of this Section, "dwelling place of
22  another" includes a dwelling place where the defendant
23  maintains a tenancy interest but from which the defendant has
24  been barred by a divorce decree, judgment of dissolution of
25  marriage, order of protection, or other court order.
26  (Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11;

 

 

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1  97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
2  Section 10. The Unified Code of Corrections is amended by
3  changing Section 5-8-1 as follows:
4  (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
5  Sec. 5-8-1. Natural life imprisonment; enhancements for
6  use of a firearm; mandatory supervised release terms.
7  (a) Except as otherwise provided in the statute defining
8  the offense or in Article 4.5 of Chapter V, a sentence of
9  imprisonment for a felony shall be a determinate sentence set
10  by the court under this Section, subject to Section 5-4.5-115
11  of this Code, according to the following limitations:
12  (1) for first degree murder,
13  (a) (blank),
14  (b) if a trier of fact finds beyond a reasonable
15  doubt that the murder was accompanied by exceptionally
16  brutal or heinous behavior indicative of wanton
17  cruelty or, except as set forth in subsection
18  (a)(1)(c) of this Section, that any of the aggravating
19  factors listed in subparagraph (b-5) are present, the
20  court may sentence the defendant, subject to Section
21  5-4.5-105, to a term of natural life imprisonment, or
22  (b-5) a A defendant who at the time of the
23  commission of the offense has attained the age of 18 or
24  more and who has been found guilty of first degree

 

 

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1  murder may be sentenced to a term of natural life
2  imprisonment if:
3  (1) the murdered individual was an inmate at
4  an institution or facility of the Department of
5  Corrections, or any similar local correctional
6  agency and was killed on the grounds thereof, or
7  the murdered individual was otherwise present in
8  such institution or facility with the knowledge
9  and approval of the chief administrative officer
10  thereof;
11  (2) the murdered individual was killed as a
12  result of the hijacking of an airplane, train,
13  ship, bus, or other public conveyance;
14  (3) the defendant committed the murder
15  pursuant to a contract, agreement, or
16  understanding by which he or she was to receive
17  money or anything of value in return for
18  committing the murder or procured another to
19  commit the murder for money or anything of value;
20  (4) the murdered individual was killed in the
21  course of another felony if:
22  (A) the murdered individual:
23  (i) was actually killed by the
24  defendant, or
25  (ii) received physical injuries
26  personally inflicted by the defendant

 

 

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1  substantially contemporaneously with
2  physical injuries caused by one or more
3  persons for whose conduct the defendant is
4  legally accountable under Section 5-2 of
5  this Code, and the physical injuries
6  inflicted by either the defendant or the
7  other person or persons for whose conduct
8  he is legally accountable caused the death
9  of the murdered individual; and (B) in
10  performing the acts which caused the death
11  of the murdered individual or which
12  resulted in physical injuries personally
13  inflicted by the defendant on the murdered
14  individual under the circumstances of
15  subdivision (ii) of clause (A) of this
16  clause (4), the defendant acted with the
17  intent to kill the murdered individual or
18  with the knowledge that his or her acts
19  created a strong probability of death or
20  great bodily harm to the murdered
21  individual or another; and
22  (B) in performing the acts which caused
23  the death of the murdered individual or which
24  resulted in physical injuries personally
25  inflicted by the defendant on the murdered
26  individual under the circumstances of

 

 

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1  subdivision (ii) of clause (A) of this clause
2  (4), the defendant acted with the intent to
3  kill the murdered individual or with the
4  knowledge that his or her acts created a
5  strong probability of death or great bodily
6  harm to the murdered individual or another;
7  and
8  (C) the other felony was an inherently
9  violent crime or the attempt to commit an
10  inherently violent crime. In this clause (C),
11  "inherently violent crime" includes, but is
12  not limited to, armed robbery, robbery,
13  predatory criminal sexual assault of a child,
14  aggravated criminal sexual assault, aggravated
15  kidnapping, aggravated vehicular hijacking,
16  aggravated arson, aggravated stalking,
17  residential burglary, and home invasion;
18  (5) the defendant committed the murder with
19  intent to prevent the murdered individual from
20  testifying or participating in any criminal
21  investigation or prosecution or giving material
22  assistance to the State in any investigation or
23  prosecution, either against the defendant or
24  another; or the defendant committed the murder
25  because the murdered individual was a witness in
26  any prosecution or gave material assistance to the

 

 

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1  State in any investigation or prosecution, either
2  against the defendant or another; for purposes of
3  this clause (5), "participating in any criminal
4  investigation or prosecution" is intended to
5  include those appearing in the proceedings in any
6  capacity such as trial judges, prosecutors,
7  defense attorneys, investigators, witnesses, or
8  jurors;
9  (6) the defendant, while committing an offense
10  punishable under Section 401, 401.1, 401.2, 405,
11  405.2, 407, or 407.1 or subsection (b) of Section
12  404 of the Illinois Controlled Substances Act, or
13  while engaged in a conspiracy or solicitation to
14  commit such offense, intentionally killed an
15  individual or counseled, commanded, induced,
16  procured, or caused the intentional killing of the
17  murdered individual;
18  (7) the defendant was incarcerated in an
19  institution or facility of the Department of
20  Corrections at the time of the murder, and while
21  committing an offense punishable as a felony under
22  Illinois law, or while engaged in a conspiracy or
23  solicitation to commit such offense, intentionally
24  killed an individual or counseled, commanded,
25  induced, procured, or caused the intentional
26  killing of the murdered individual;

 

 

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1  (8) the murder was committed in a cold,
2  calculated and premeditated manner pursuant to a
3  preconceived plan, scheme, or design to take a
4  human life by unlawful means, and the conduct of
5  the defendant created a reasonable expectation
6  that the death of a human being would result
7  therefrom;
8  (9) the defendant was a principal
9  administrator, organizer, or leader of a
10  calculated criminal drug conspiracy consisting of
11  a hierarchical position of authority superior to
12  that of all other members of the conspiracy, and
13  the defendant counseled, commanded, induced,
14  procured, or caused the intentional killing of the
15  murdered person;
16  (10) the murder was intentional and involved
17  the infliction of torture. For the purpose of this
18  clause (10), torture means the infliction of or
19  subjection to extreme physical pain, motivated by
20  an intent to increase or prolong the pain,
21  suffering, or agony of the victim;
22  (11) the murder was committed as a result of
23  the intentional discharge of a firearm by the
24  defendant from a motor vehicle and the victim was
25  not present within the motor vehicle;
26  (12) the murdered individual was a person with

 

 

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1  a disability and the defendant knew or should have
2  known that the murdered individual was a person
3  with a disability. For purposes of this clause
4  (12), "person with a disability" means a person
5  who suffers from a permanent physical or mental
6  impairment resulting from disease, an injury, a
7  functional disorder, or a congenital condition
8  that renders the person incapable of adequately
9  providing for his or her own health or personal
10  care;
11  (13) the murdered individual was subject to an
12  order of protection and the murder was committed
13  by a person against whom the same order of
14  protection was issued under the Illinois Domestic
15  Violence Act of 1986;
16  (14) the murdered individual was known by the
17  defendant to be a teacher or other person employed
18  in any school and the teacher or other employee is
19  upon the grounds of a school or grounds adjacent
20  to a school, or is in any part of a building used
21  for school purposes;
22  (15) the murder was committed by the defendant
23  in connection with or as a result of the offense of
24  terrorism as defined in Section 29D-14.9 of this
25  Code;
26  (16) the murdered individual was a member of a

 

 

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1  congregation engaged in prayer or other religious
2  activities at a church, synagogue, mosque, or
3  other building, structure, or place used for
4  religious worship; or
5  (17)(i) the murdered individual was a
6  physician, physician assistant, psychologist,
7  nurse, or advanced practice registered nurse;
8  (ii) the defendant knew or should have known
9  that the murdered individual was a physician,
10  physician assistant, psychologist, nurse, or
11  advanced practice registered nurse; and
12  (iii) the murdered individual was killed in
13  the course of acting in his or her capacity as a
14  physician, physician assistant, psychologist,
15  nurse, or advanced practice registered nurse, or
16  to prevent him or her from acting in that
17  capacity, or in retaliation for his or her acting
18  in that capacity.
19  (c) the court shall sentence the defendant to a
20  term of natural life imprisonment if the defendant, at
21  the time of the commission of the murder, had attained
22  the age of 18, and:
23  (i) has previously been convicted of first
24  degree murder under any state or federal law, or
25  (ii) is found guilty of murdering more than
26  one victim, or

 

 

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1  (iii) is found guilty of murdering a peace
2  officer, fireman, or emergency management worker
3  when the peace officer, fireman, or emergency
4  management worker was killed in the course of
5  performing his official duties, or to prevent the
6  peace officer or fireman from performing his
7  official duties, or in retaliation for the peace
8  officer, fireman, or emergency management worker
9  from performing his official duties, and the
10  defendant knew or should have known that the
11  murdered individual was a peace officer, fireman,
12  or emergency management worker, or
13  (iv) is found guilty of murdering an employee
14  of an institution or facility of the Department of
15  Corrections, or any similar local correctional
16  agency, when the employee was killed in the course
17  of performing his official duties, or to prevent
18  the employee from performing his official duties,
19  or in retaliation for the employee performing his
20  official duties, or
21  (v) is found guilty of murdering an emergency
22  medical technician - ambulance, emergency medical
23  technician - intermediate, emergency medical
24  technician - paramedic, ambulance driver, or other
25  medical assistance or first aid person while
26  employed by a municipality or other governmental

 

 

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1  unit when the person was killed in the course of
2  performing official duties or to prevent the
3  person from performing official duties or in
4  retaliation for performing official duties and the
5  defendant knew or should have known that the
6  murdered individual was an emergency medical
7  technician - ambulance, emergency medical
8  technician - intermediate, emergency medical
9  technician - paramedic, ambulance driver, or other
10  medical assistant or first aid personnel, or
11  (vi) (blank), or
12  (vii) is found guilty of first degree murder
13  and the murder was committed by reason of any
14  person's activity as a community policing
15  volunteer or to prevent any person from engaging
16  in activity as a community policing volunteer. For
17  the purpose of this Section, "community policing
18  volunteer" has the meaning ascribed to it in
19  Section 2-3.5 of the Criminal Code of 2012.
20  For purposes of clause (v), "emergency medical
21  technician - ambulance", "emergency medical technician -
22  intermediate", and "emergency medical technician -
23  paramedic", have the meanings ascribed to them in the
24  Emergency Medical Services (EMS) Systems Act.
25  (d)(i) if the person committed the offense while
26  personally armed with a firearm, and while

 

 

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1  personally displaying the firearm, up to 15 years
2  may shall be added to the term of imprisonment
3  imposed by the court;
4  (ii) if, during the commission of the offense, the
5  person personally discharged a firearm, up to 20 years
6  may shall be added to the term of imprisonment imposed
7  by the court;
8  (iii) if, during the commission of the offense,
9  the person personally discharged a firearm that
10  proximately caused great bodily harm, permanent
11  disability, permanent disfigurement, or death to
12  another person, up to 25 years may or up to a term of
13  natural life shall be added to the term of
14  imprisonment imposed by the court.
15  (2) (blank);
16  (2.5) for a person who has attained the age of 18 years
17  at the time of the commission of the offense and who is
18  convicted under the circumstances described in subdivision
19  (b)(1)(B) of Section 11-1.20 or paragraph (3) of
20  subsection (b) of Section 12-13, subdivision (d)(2) of
21  Section 11-1.30 or paragraph (2) of subsection (d) of
22  Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
23  paragraph (1.2) of subsection (b) of Section 12-14.1,
24  subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
25  subsection (b) of Section 12-14.1 of the Criminal Code of
26  1961 or the Criminal Code of 2012, the sentence shall be a

 

 

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1  term of natural life imprisonment.
2  (b) (Blank).
3  (c) (Blank).
4  (d) Subject to earlier termination under Section 3-3-8,
5  the parole or mandatory supervised release term shall be
6  written as part of the sentencing order and shall be as
7  follows:
8  (1) for first degree murder or for the offenses of
9  predatory criminal sexual assault of a child, aggravated
10  criminal sexual assault, and criminal sexual assault if
11  committed on or before December 12, 2005, 3 years;
12  (1.5) except as provided in paragraph (7) of this
13  subsection (d), for a Class X felony except for the
14  offenses of predatory criminal sexual assault of a child,
15  aggravated criminal sexual assault, and criminal sexual
16  assault if committed on or after December 13, 2005 (the
17  effective date of Public Act 94-715) and except for the
18  offense of aggravated child pornography under Section
19  11-20.1B, 11-20.3, or 11-20.1 with sentencing under
20  subsection (c-5) of Section 11-20.1 of the Criminal Code
21  of 1961 or the Criminal Code of 2012, if committed on or
22  after January 1, 2009, and except for the offense of
23  obscene depiction of a purported child with sentencing
24  under subsection (d) of Section 11-20.4 of the Criminal
25  Code of 2012, 18 months;
26  (2) except as provided in paragraph (7) of this

 

 

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1  subsection (d), for a Class 1 felony or a Class 2 felony
2  except for the offense of criminal sexual assault if
3  committed on or after December 13, 2005 (the effective
4  date of Public Act 94-715) and except for the offenses of
5  manufacture and dissemination of child pornography under
6  clauses (a)(1) and (a)(2) of Section 11-20.1 of the
7  Criminal Code of 1961 or the Criminal Code of 2012, if
8  committed on or after January 1, 2009, and except for the
9  offense of obscene depiction of a purported child under
10  paragraph (2) of subsection (b) of Section 11-20.4 of the
11  Criminal Code of 2012, 12 months;
12  (3) except as provided in paragraph (4), (6), or (7)
13  of this subsection (d), for a Class 3 felony or a Class 4
14  felony, 6 months; no later than 45 days after the onset of
15  the term of mandatory supervised release, the Prisoner
16  Review Board shall conduct a discretionary discharge
17  review pursuant to the provisions of Section 3-3-8, which
18  shall include the results of a standardized risk and needs
19  assessment tool administered by the Department of
20  Corrections; the changes to this paragraph (3) made by
21  Public Act 102-1104 this amendatory Act of the 102nd
22  General Assembly apply to all individuals released on
23  mandatory supervised release on or after December 6, 2022
24  (the effective date of Public Act 102-1104) this
25  amendatory Act of the 102nd General Assembly, including
26  those individuals whose sentences were imposed prior to

 

 

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1  December 6, 2022 (the effective date of Public Act
2  102-1104) this amendatory Act of the 102nd General
3  Assembly;
4  (4) for defendants who commit the offense of predatory
5  criminal sexual assault of a child, aggravated criminal
6  sexual assault, or criminal sexual assault, on or after
7  December 13, 2005 (the effective date of Public Act
8  94-715), or who commit the offense of aggravated child
9  pornography under Section 11-20.1B, 11-20.3, or 11-20.1
10  with sentencing under subsection (c-5) of Section 11-20.1
11  of the Criminal Code of 1961 or the Criminal Code of 2012,
12  manufacture of child pornography, or dissemination of
13  child pornography after January 1, 2009, or who commit the
14  offense of obscene depiction of a purported child under
15  paragraph (2) of subsection (b) of Section 11-20.4 of the
16  Criminal Code of 2012 or who commit the offense of obscene
17  depiction of a purported child with sentencing under
18  subsection (d) of Section 11-20.4 of the Criminal Code of
19  2012, the term of mandatory supervised release shall range
20  from a minimum of 3 years to a maximum of the natural life
21  of the defendant;
22  (5) if the victim is under 18 years of age, for a
23  second or subsequent offense of aggravated criminal sexual
24  abuse or felony criminal sexual abuse, 4 years, at least
25  the first 2 years of which the defendant shall serve in an
26  electronic monitoring or home detention program under

 

 

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1  Article 8A of Chapter V of this Code;
2  (6) for a felony domestic battery, aggravated domestic
3  battery, stalking, aggravated stalking, and a felony
4  violation of an order of protection, 4 years;
5  (7) for any felony described in paragraph (a)(2)(ii),
6  (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
7  (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
8  3-6-3 of the Unified Code of Corrections requiring an
9  inmate to serve a minimum of 85% of their court-imposed
10  sentence, except for the offenses of predatory criminal
11  sexual assault of a child, aggravated criminal sexual
12  assault, and criminal sexual assault if committed on or
13  after December 13, 2005 (the effective date of Public Act
14  94-715) and except for the offense of aggravated child
15  pornography under Section 11-20.1B, 11-20.3, or 11-20.1
16  with sentencing under subsection (c-5) of Section 11-20.1
17  of the Criminal Code of 1961 or the Criminal Code of 2012,
18  if committed on or after January 1, 2009, and except for
19  the offense of obscene depiction of a purported child with
20  sentencing under subsection (d) of Section 11-20.4 of the
21  Criminal Code of 2012, and except as provided in paragraph
22  (4) or paragraph (6) of this subsection (d), the term of
23  mandatory supervised release shall be as follows:
24  (A) Class X felony, 3 years;
25  (B) Class 1 or Class 2 felonies, 2 years;
26  (C) Class 3 or Class 4 felonies, 1 year.

 

 

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