Bill Amendment: IL HB5037 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FIREARM USED TO COMMIT CRIME

Status: 2025-01-07 - Session Sine Die [HB5037 Detail]

Download: Illinois-2023-HB5037-House_Amendment_001.html

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Rep. Kelly M. Cassidy

Filed: 2/28/2024

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AMENDMENT TO HOUSE BILL 5037
AMENDMENT NO. ______. Amend House Bill 5037 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Sections 8-4, 9-1.2, 10-2, 11-1.30, 11-1.40, 12-3.05,
18-2, 18-4, and 19-6 as follows:
(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
Sec. 8-4. Attempt.
(a) Elements of the offense.
A person commits the offense of attempt when, with intent
to commit a specific offense, he or she does any act that
constitutes a substantial step toward the commission of that
offense.
(b) Impossibility.
It is not a defense to a charge of attempt that because of
a misapprehension of the circumstances it would have been

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impossible for the accused to commit the offense attempted.
(c) Sentence.
A person convicted of attempt may be fined or imprisoned
or both not to exceed the maximum provided for the offense
attempted but, except for an attempt to commit the offense
defined in Section 33A-2 of this Code:
(1) the sentence for attempt to commit first degree
murder is the sentence for a Class X felony, except that
(A) an attempt to commit first degree murder when
at least one of the aggravating factors specified in
clauses (iii), (iv), and (v) of subsection (a)(1)(c)
of Section 5-8-1 of the Unified Code of Corrections is
present is a Class X felony for which the sentence
shall be a term of imprisonment of not less than 20
years and not more than 80 years;
(B) an attempt to commit first degree murder while
armed with a firearm is a Class X felony for which up
to 15 years may shall be added to the term of
imprisonment imposed by the court if the person
committed the offense while personally armed with the
firearm and while personally displaying the firearm;
(C) an attempt to commit first degree murder
during which the person personally discharged a
firearm is a Class X felony for which up to 20 years
may shall be added to the term of imprisonment imposed
by the court;

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(D) an attempt to commit first degree murder
during which the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person is a Class X felony for which
up to 25 years may or up to a term of natural life
shall be added to the term of imprisonment imposed by
the court; and
(E) if the defendant proves by a preponderance of
the evidence at sentencing that, at the time of the
attempted murder, he or she was acting under a sudden
and intense passion resulting from serious provocation
by the individual whom the defendant endeavored to
kill, or another, and, had the individual the
defendant endeavored to kill died, the defendant would
have negligently or accidentally caused that death,
then the sentence for the attempted murder is the
sentence for a Class 1 felony;
(2) the sentence for attempt to commit a Class X
felony is the sentence for a Class 1 felony;
(3) the sentence for attempt to commit a Class 1
felony is the sentence for a Class 2 felony;
(4) the sentence for attempt to commit a Class 2
felony is the sentence for a Class 3 felony; and
(5) the sentence for attempt to commit any felony
other than those specified in items (1), (2), (3), and (4)

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of this subsection (c) is the sentence for a Class A
misdemeanor.
(Source: P.A. 103-51, eff. 1-1-24.)
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional homicide of an unborn child.
(a) A person commits the offense of intentional homicide
of an unborn child if, in performing acts which cause the death
of an unborn child, he without lawful justification:
(1) either intended to cause the death of or do great
bodily harm to the pregnant individual or unborn child or
knew that such acts would cause death or great bodily harm
to the pregnant individual or unborn child; or
(2) knew that his acts created a strong probability of
death or great bodily harm to the pregnant individual or
unborn child; and
(3) knew that the individual was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from the implantation
of an embryo until birth, and (2) "person" shall not include
the pregnant woman whose unborn child is killed.
(c) This Section shall not apply to acts which cause the
death of an unborn child if those acts were committed during
any abortion, as defined in Section 1-10 of the Reproductive
Health Act, to which the pregnant individual has consented.
This Section shall not apply to acts which were committed

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pursuant to usual and customary standards of medical practice
during diagnostic testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an
unborn child shall be the same as for first degree murder,
except that:
(1) (blank);
(2) if the person committed the offense while
personally armed with a firearm, and while personally
displaying the firearm, up to 15 years may shall be added
to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm, up to 20 years may
shall be added to the term of imprisonment imposed by the
court;
(4) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, up to 25 years
may or up to a term of natural life shall be added to the
term of imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to
prohibit the prosecution of any person under any other
provision of law.
(Source: P.A. 103-51, eff. 1-1-24.)
(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)

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Sec. 10-2. Aggravated kidnaping.
(a) A person commits the offense of aggravated kidnaping
when he or she commits kidnapping and:
(1) kidnaps with the intent to obtain ransom from the
person kidnaped or from any other person;
(2) takes as his or her victim a child under the age of
13 years, or a person with a severe or profound
intellectual disability;
(3) inflicts great bodily harm, other than by the
discharge of a firearm, or commits another felony upon his
or her victim;
(4) wears a hood, robe, or mask or conceals his or her
identity;
(5) commits the offense of kidnaping while armed with
a dangerous weapon, other than a firearm, as defined in
Section 33A-1 of this Code;
(6) commits the offense of kidnaping while armed with
a firearm;
(7) during the commission of the offense of kidnaping,
personally discharges a firearm; or
(8) during the commission of the offense of kidnaping,
personally discharges a firearm that proximately causes
great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
As used in this Section, "ransom" includes money, benefit,
or other valuable thing or concession.

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(b) Sentence. Aggravated kidnaping in violation of
paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
Class X felony. A violation of subsection (a)(6) is a Class X
felony for which up to 15 years may shall be added to the term
of imprisonment imposed by the court, if the person committed
the offense while personally armed with a firearm, and while
personally displaying the firearm. A violation of subsection
(a)(7) is a Class X felony for which up to 20 years may shall
be added to the term of imprisonment imposed by the court. A
violation of subsection (a)(8) is a Class X felony for which up
to 25 years may or up to a term of natural life shall be added
to the term of imprisonment imposed by the court. An offender
under the age of 18 years at the time of the commission of
aggravated kidnaping in violation of paragraphs (1) through
(8) of subsection (a) shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
A person who has attained the age of 18 years at the time
of the commission of the offense and who is convicted of a
second or subsequent offense of aggravated kidnaping shall be
sentenced to a term of natural life imprisonment; except that
a sentence of natural life imprisonment shall not be imposed
under this Section unless the second or subsequent offense was
committed after conviction on the first offense. An offender
under the age of 18 years at the time of the commission of the
second or subsequent offense shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.

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(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16.)
(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
Sec. 11-1.30. Aggravated Criminal Sexual Assault.
(a) A person commits aggravated criminal sexual assault if
that person commits criminal sexual assault and any of the
following aggravating circumstances exist during the
commission of the offense or, for purposes of paragraph (7),
occur as part of the same course of conduct as the commission
of the offense:
(1) the person displays, threatens to use, or uses a
dangerous weapon, other than a firearm, or any other
object fashioned or used in a manner that leads the
victim, under the circumstances, reasonably to believe
that the object is a dangerous weapon;
(2) the person causes bodily harm to the victim,
except as provided in paragraph (10);
(3) the person acts in a manner that threatens or
endangers the life of the victim or any other person;
(4) the person commits the criminal sexual assault
during the course of committing or attempting to commit
any other felony;
(5) the victim is 60 years of age or older;
(6) the victim is a person with a physical disability;
(7) the person delivers (by injection, inhalation,

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ingestion, transfer of possession, or any other means) any
controlled substance to the victim without the victim's
consent or by threat or deception for other than medical
purposes;
(8) the person is armed with a firearm;
(9) the person personally discharges a firearm during
the commission of the offense; or
(10) the person personally discharges a firearm during
the commission of the offense, and that discharge
proximately causes great bodily harm, permanent
disability, permanent disfigurement, or death to another
person.
(b) A person commits aggravated criminal sexual assault if
that person is under 17 years of age and: (i) commits an act of
sexual penetration with a victim who is under 9 years of age;
or (ii) commits an act of sexual penetration with a victim who
is at least 9 years of age but under 13 years of age and the
person uses force or threat of force to commit the act.
(c) A person commits aggravated criminal sexual assault if
that person commits an act of sexual penetration with a victim
who is a person with a severe or profound intellectual
disability.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation of
paragraph (2), (3), (4), (5), (6), or (7) of subsection
(a) or in violation of subsection (b) or (c) is a Class X

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felony. A violation of subsection (a)(1) is a Class X
felony for which 10 years shall be added to the term of
imprisonment imposed by the court. A violation of
subsection (a)(8) is a Class X felony for which up to 15
years may shall be added to the term of imprisonment
imposed by the court, if the person committed the offense
while personally armed with a firearm, and while
personally displaying the firearm. A violation of
subsection (a)(9) is a Class X felony for which up to 20
years may shall be added to the term of imprisonment
imposed by the court. A violation of subsection (a)(10) is
a Class X felony for which up to 25 years may or up to a
term of natural life imprisonment shall be added to the
term of imprisonment imposed by the court. An offender
under the age of 18 years at the time of the commission of
aggravated criminal sexual assault in violation of
paragraphs (1) through (10) of subsection (a) shall be
sentenced under Section 5-4.5-105 of the Unified Code of
Corrections.
(2) A person who has attained the age of 18 years at
the time of the commission of the offense and who is
convicted of a second or subsequent offense of aggravated
criminal sexual assault, or who is convicted of the
offense of aggravated criminal sexual assault after having
previously been convicted of the offense of criminal
sexual assault or the offense of predatory criminal sexual

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assault of a child, or who is convicted of the offense of
aggravated criminal sexual assault after having previously
been convicted under the laws of this or any other state of
an offense that is substantially equivalent to the offense
of criminal sexual assault, the offense of aggravated
criminal sexual assault or the offense of predatory
criminal sexual assault of a child, shall be sentenced to
a term of natural life imprisonment. The commission of the
second or subsequent offense is required to have been
after the initial conviction for this paragraph (2) to
apply. An offender under the age of 18 years at the time of
the commission of the offense covered by this paragraph
(2) shall be sentenced under Section 5-4.5-105 of the
Unified Code of Corrections.
(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16.)
(720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
Sec. 11-1.40. Predatory criminal sexual assault of a
child.
(a) A person commits predatory criminal sexual assault of
a child if that person is 17 years of age or older, and commits
an act of contact, however slight, between the sex organ or
anus of one person and the part of the body of another for the
purpose of sexual gratification or arousal of the victim or
the accused, or an act of sexual penetration, and:

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(1) the victim is under 13 years of age; or
(2) the victim is under 13 years of age and that
person:
(A) is armed with a firearm;
(B) personally discharges a firearm during the
commission of the offense;
(C) causes great bodily harm to the victim that:
(i) results in permanent disability; or
(ii) is life threatening; or
(D) delivers (by injection, inhalation, ingestion,
transfer of possession, or any other means) any
controlled substance to the victim without the
victim's consent or by threat or deception, for other
than medical purposes.
(b) Sentence.
(1) A person convicted of a violation of subsection
(a)(1) commits a Class X felony, for which the person
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 60 years. A person convicted
of a violation of subsection (a)(2)(A) commits a Class X
felony for which up to 15 years may shall be added to the
term of imprisonment imposed by the court, if the person
committed the offense while personally armed with a
firearm, and while personally displaying the firearm. A
person convicted of a violation of subsection (a)(2)(B)
commits a Class X felony for which up to 20 years may shall

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be added to the term of imprisonment imposed by the court.
A person who has attained the age of 18 years at the time
of the commission of the offense and who is convicted of a
violation of subsection (a)(2)(C) commits a Class X felony
for which the person shall be sentenced to a term of
imprisonment of not less than 50 years or up to a term of
natural life imprisonment. An offender under the age of 18
years at the time of the commission of predatory criminal
sexual assault of a child in violation of subsections
(a)(1), (a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be
sentenced under Section 5-4.5-105 of the Unified Code of
Corrections.
(1.1) A person convicted of a violation of subsection
(a)(2)(D) commits a Class X felony for which the person
shall be sentenced to a term of imprisonment of not less
than 50 years and not more than 60 years. An offender under
the age of 18 years at the time of the commission of
predatory criminal sexual assault of a child in violation
of subsection (a)(2)(D) shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
(1.2) A person who has attained the age of 18 years at
the time of the commission of the offense and convicted of
predatory criminal sexual assault of a child committed
against 2 or more persons regardless of whether the
offenses occurred as the result of the same act or of
several related or unrelated acts shall be sentenced to a

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term of natural life imprisonment and an offender under
the age of 18 years at the time of the commission of the
offense shall be sentenced under Section 5-4.5-105 of the
Unified Code of Corrections.
(2) A person who has attained the age of 18 years at
the time of the commission of the offense and who is
convicted of a second or subsequent offense of predatory
criminal sexual assault of a child, or who is convicted of
the offense of predatory criminal sexual assault of a
child after having previously been convicted of the
offense of criminal sexual assault or the offense of
aggravated criminal sexual assault, or who is convicted of
the offense of predatory criminal sexual assault of a
child after having previously been convicted under the
laws of this State or any other state of an offense that is
substantially equivalent to the offense of predatory
criminal sexual assault of a child, the offense of
aggravated criminal sexual assault or the offense of
criminal sexual assault, shall be sentenced to a term of
natural life imprisonment. The commission of the second or
subsequent offense is required to have been after the
initial conviction for this paragraph (2) to apply. An
offender under the age of 18 years at the time of the
commission of the offense covered by this paragraph (2)
shall be sentenced under Section 5-4.5-105 of the Unified
Code of Corrections.

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(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14;
98-903, eff. 8-15-14; 99-69, eff. 1-1-16.)
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the
discharge of a firearm, he or she knowingly does any of the
following:
(1) Causes great bodily harm or permanent disability
or disfigurement.
(2) Causes severe and permanent disability, great
bodily harm, or disfigurement by means of a caustic or
flammable substance, a poisonous gas, a deadly biological
or chemical contaminant or agent, a radioactive substance,
or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability
or disfigurement to an individual whom the person knows to
be a peace officer, community policing volunteer, fireman,
private security officer, correctional institution
employee, or Department of Human Services employee
supervising or controlling sexually dangerous persons or
sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or

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(iii) battered in retaliation for performing his
or her official duties.
(4) Causes great bodily harm or permanent disability
or disfigurement to an individual 60 years of age or
older.
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an
intellectual disability. A person who is at least 18 years of
age commits aggravated battery when, in committing a battery,
he or she knowingly and without legal justification by any
means:
(1) causes great bodily harm or permanent disability
or disfigurement to any child under the age of 13 years, or
to any person with a severe or profound intellectual
disability; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 13 years or to any person
with a severe or profound intellectual disability.
(c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than
by the discharge of a firearm, he or she is or the person
battered is on or about a public way, public property, a public
place of accommodation or amusement, a sports venue, or a
domestic violence shelter, or in a church, synagogue, mosque,
or other building, structure, or place used for religious
worship.

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(d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than
by discharge of a firearm, he or she knows the individual
battered to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical
disability.
(3) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a
building used for school purposes.
(4) A peace officer, community policing volunteer,
fireman, private security officer, correctional
institution employee, or Department of Human Services
employee supervising or controlling sexually dangerous
persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(5) A judge, emergency management worker, emergency
medical services personnel, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his

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or her official duties.
(6) An officer or employee of the State of Illinois, a
unit of local government, or a school district, while
performing his or her official duties.
(7) A transit employee performing his or her official
duties, or a transit passenger.
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged
commission of retail theft under Section 16-26 of this
Code and the person without legal justification by any
means causes bodily harm to the merchant.
(10) A person authorized to serve process under
Section 2-202 of the Code of Civil Procedure or a special
process server appointed by the circuit court while that
individual is in the performance of his or her duties as a
process server.
(11) A nurse while in the performance of his or her
duties as a nurse.
(12) A merchant: (i) while performing his or her
duties, including, but not limited to, relaying directions
for healthcare or safety from his or her supervisor or
employer or relaying health or safety guidelines,
recommendations, regulations, or rules from a federal,
State, or local public health agency; and (ii) during a
disaster declared by the Governor, or a state of emergency
declared by the mayor of the municipality in which the

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merchant is located, due to a public health emergency and
for a period of 6 months after such declaration.
(e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to another person.
(2) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to a person he or she knows to be a peace officer,
community policing volunteer, person summoned by a police
officer, fireman, private security officer, correctional
institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(3) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to a person he or she knows to be emergency medical
services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or

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(iii) battered in retaliation for performing his
or her official duties.
(4) Discharges a firearm and causes any injury to a
person he or she knows to be a teacher, a student in a
school, or a school employee, and the teacher, student, or
employee is upon school grounds or grounds adjacent to a
school or in any part of a building used for school
purposes.
(5) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a peace officer, community policing
volunteer, person summoned by a police officer, fireman,
private security officer, correctional institution
employee or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(7) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be emergency medical services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her

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official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(8) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a teacher, or a student in a school, or a
school employee, and the teacher, student, or employee is
upon school grounds or grounds adjacent to a school or in
any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he
or she does any of the following:
(1) Uses a deadly weapon other than by discharge of a
firearm, or uses an air rifle as defined in Section
24.8-0.1 of this Code.
(2) Wears a hood, robe, or mask to conceal his or her
identity.
(3) Knowingly and without lawful justification shines
or flashes a laser gunsight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes upon or against the person of
another.
(4) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,

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he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled
Substances Act by unlawfully delivering a controlled
substance to another and any user experiences great bodily
harm or permanent disability as a result of the injection,
inhalation, or ingestion of any amount of the controlled
substance.
(2) Knowingly administers to an individual or causes
him or her to take, without his or her consent or by threat
or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic,
anesthetic, or controlled substance, or gives to another
person any food containing any substance or object
intended to cause physical injury if eaten.
(3) Knowingly causes or attempts to cause a
correctional institution employee or Department of Human
Services employee to come into contact with blood, seminal
fluid, urine, or feces by throwing, tossing, or expelling
the fluid or material, and the person is an inmate of a
penal institution or is a sexually dangerous person or
sexually violent person in the custody of the Department
of Human Services.
(h) Sentence. Unless otherwise provided, aggravated
battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4),
(d)(4), or (g)(3) is a Class 2 felony.

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Aggravated battery as defined in subdivision (a)(3) or
(g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a
Class 1 felony when the aggravated battery was intentional and
involved the infliction of torture, as defined in paragraph
(10) of subsection (b-5) of Section 5-8-1 of the Unified Code
of Corrections, as the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or prolong
the pain, suffering, or agony of the victim.
Aggravated battery as defined in subdivision (a)(1) is a
Class 2 felony when the person causes great bodily harm or
permanent disability to an individual whom the person knows to
be a member of a congregation engaged in prayer or other
religious activities at a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
(A) the person used or attempted to use a dangerous
instrument while committing the offense;
(B) the person caused great bodily harm or permanent
disability or disfigurement to the other person while
committing the offense; or
(C) the person has been previously convicted of a
violation of subdivision (a)(5) under the laws of this
State or laws similar to subdivision (a)(5) of any other
state.

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Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 12 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
(1) if the person committed the offense while
personally armed with a firearm, and while personally
displaying the firearm, up to 15 years may shall be added
to the term of imprisonment imposed by the court;
(2) if, during the commission of the offense, the
person personally discharged a firearm, up to 20 years may

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shall be added to the term of imprisonment imposed by the
court;
(3) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, up to 25 years
may or up to a term of natural life shall be added to the
term of imprisonment imposed by the court.
(i) Definitions. In this Section:
"Building or other structure used to provide shelter" has
the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet
of such a building or other structure in the case of a person
who is going to or from such a building or other structure.
"Firearm" has the meaning provided under Section 1.1 of
the Firearm Owners Identification Card Act, and does not
include an air rifle as defined by Section 24.8-0.1 of this
Code.
"Machine gun" has the meaning ascribed to it in Section

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24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section
16-0.1 of this Code.
"Strangle" means intentionally impeding the normal
breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
(Source: P.A. 103-51, eff. 1-1-24.)
(720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
Sec. 18-2. Armed robbery.
(a) A person commits armed robbery when he or she violates
Section 18-1; and
(1) he or she carries on or about his or her person or
is otherwise armed with a dangerous weapon other than a
firearm; or
(2) he or she carries on or about his or her person or
is otherwise armed with a firearm; or
(3) he or she, during the commission of the offense,
personally discharges a firearm; or
(4) he or she, during the commission of the offense,
personally discharges a firearm that proximately causes
great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
(b) Sentence.
Armed robbery in violation of subsection (a)(1) is a Class

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X felony. A violation of subsection (a)(2) is a Class X felony
for which up to 15 years may shall be added to the term of
imprisonment imposed by the court, if the person committed the
offense while personally armed with a firearm, and while
personally displaying the firearm. A violation of subsection
(a)(3) is a Class X felony for which up to 20 years may shall
be added to the term of imprisonment imposed by the court. A
violation of subsection (a)(4) is a Class X felony for which up
to 25 years may or up to a term of natural life shall be added
to the term of imprisonment imposed by the court.
(Source: P.A. 91-404, eff. 1-1-00.)
(720 ILCS 5/18-4)
Sec. 18-4. Aggravated vehicular hijacking.
(a) A person commits aggravated vehicular hijacking when
he or she violates Section 18-3; and
(1) the person from whose immediate presence the motor
vehicle is taken is a person with a physical disability or
a person 60 years of age or over; or
(2) a person under 16 years of age is a passenger in
the motor vehicle at the time of the offense; or
(3) he or she carries on or about his or her person, or
is otherwise armed with a dangerous weapon, other than a
firearm; or
(4) he or she carries on or about his or her person or
is otherwise armed with a firearm; or

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(5) he or she, during the commission of the offense,
personally discharges a firearm; or
(6) he or she, during the commission of the offense,
personally discharges a firearm that proximately causes
great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
(b) Sentence. Aggravated vehicular hijacking in violation
of subsections (a)(1) or (a)(2) is a Class X felony. A
violation of subsection (a)(3) is a Class X felony for which a
term of imprisonment of not less than 7 years shall be imposed.
A violation of subsection (a)(4) is a Class X felony for which
up to 15 years may shall be added to the term of imprisonment
imposed by the court, if the person committed the offense
while personally armed with a firearm, and while personally
displaying the firearm. A violation of subsection (a)(5) is a
Class X felony for which up to 20 years may shall be added to
the term of imprisonment imposed by the court. A violation of
subsection (a)(6) is a Class X felony for which up to 25 years
may or up to a term of natural life shall be added to the term
of imprisonment imposed by the court.
(Source: P.A. 99-143, eff. 7-27-15.)
(720 ILCS 5/19-6) (was 720 ILCS 5/12-11)
Sec. 19-6. Home Invasion.
(a) A person who is not a peace officer acting in the line
of duty commits home invasion when without authority he or she

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knowingly enters the dwelling place of another when he or she
knows or has reason to know that one or more persons is present
or he or she knowingly enters the dwelling place of another and
remains in the dwelling place until he or she knows or has
reason to know that one or more persons is present or who
falsely represents himself or herself, including but not
limited to, falsely representing himself or herself to be a
representative of any unit of government or a construction,
telecommunications, or utility company, for the purpose of
gaining entry to the dwelling place of another when he or she
knows or has reason to know that one or more persons are
present and
(1) While armed with a dangerous weapon, other than a
firearm, uses force or threatens the imminent use of force
upon any person or persons within the dwelling place
whether or not injury occurs, or
(2) Intentionally causes any injury, except as
provided in subsection (a)(5), to any person or persons
within the dwelling place, or
(3) While armed with a firearm uses force or threatens
the imminent use of force upon any person or persons
within the dwelling place whether or not injury occurs, or
(4) Uses force or threatens the imminent use of force
upon any person or persons within the dwelling place
whether or not injury occurs and during the commission of
the offense personally discharges a firearm, or

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(5) Personally discharges a firearm that proximately
causes great bodily harm, permanent disability, permanent
disfigurement, or death to another person within the
dwelling place, or
(6) Commits, against any person or persons within that
dwelling place, a violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, or 11-1.60 of this Code.
(b) It is an affirmative defense to a charge of home
invasion that the accused who knowingly enters the dwelling
place of another and remains in the dwelling place until he or
she knows or has reason to know that one or more persons is
present either immediately leaves the premises or surrenders
to the person or persons lawfully present therein without
either attempting to cause or causing serious bodily injury to
any person present therein.
(c) Sentence. Home invasion in violation of subsection
(a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of
subsection (a)(3) is a Class X felony for which up to 15 years
may shall be added to the term of imprisonment imposed by the
court, if the person committed the offense while personally
armed with a firearm, and while personally displaying the
firearm. A violation of subsection (a)(4) is a Class X felony
for which up to 20 years may shall be added to the term of
imprisonment imposed by the court. A violation of subsection
(a)(5) is a Class X felony for which up to 25 years may or up
to a term of natural life shall be added to the term of

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imprisonment imposed by the court.
(d) For purposes of this Section, "dwelling place of
another" includes a dwelling place where the defendant
maintains a tenancy interest but from which the defendant has
been barred by a divorce decree, judgment of dissolution of
marriage, order of protection, or other court order.
(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11;
97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
Section 10. The Unified Code of Corrections is amended by
changing Section 5-8-1 as follows:
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, subject to Section 5-4.5-115
of this Code, according to the following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection

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(a)(1)(c) of this Section, that any of the aggravating
factors listed in subparagraph (b-5) are present, the
court may sentence the defendant, subject to Section
5-4.5-105, to a term of natural life imprisonment, or
(b-5) A defendant who at the time of the
commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree
murder may be sentenced to a term of natural life
imprisonment if:
(1) the murdered individual was an inmate at
an institution or facility of the Department of
Corrections, or any similar local correctional
agency and was killed on the grounds thereof, or
the murdered individual was otherwise present in
such institution or facility with the knowledge
and approval of the chief administrative officer
thereof;
(2) the murdered individual was killed as a
result of the hijacking of an airplane, train,
ship, bus, or other public conveyance;
(3) the defendant committed the murder
pursuant to a contract, agreement, or
understanding by which he or she was to receive
money or anything of value in return for
committing the murder or procured another to
commit the murder for money or anything of value;

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(4) the murdered individual was killed in the
course of another felony if:
(A) the murdered individual:
(i) was actually killed by the
defendant, or
(ii) received physical injuries
personally inflicted by the defendant
substantially contemporaneously with
physical injuries caused by one or more
persons for whose conduct the defendant is
legally accountable under Section 5-2 of
this Code, and the physical injuries
inflicted by either the defendant or the
other person or persons for whose conduct
he is legally accountable caused the death
of the murdered individual; and (B) in
performing the acts which caused the death
of the murdered individual or which
resulted in physical injuries personally
inflicted by the defendant on the murdered
individual under the circumstances of
subdivision (ii) of clause (A) of this
clause (4), the defendant acted with the
intent to kill the murdered individual or
with the knowledge that his or her acts
created a strong probability of death or

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great bodily harm to the murdered
individual or another; and
(B) in performing the acts which caused
the death of the murdered individual or which
resulted in physical injuries personally
inflicted by the defendant on the murdered
individual under the circumstances of
subdivision (ii) of clause (A) of this clause
(4), the defendant acted with the intent to
kill the murdered individual or with the
knowledge that his or her acts created a
strong probability of death or great bodily
harm to the murdered individual or another;
and
(C) the other felony was an inherently
violent crime or the attempt to commit an
inherently violent crime. In this clause (C),
"inherently violent crime" includes, but is
not limited to, armed robbery, robbery,
predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated
kidnapping, aggravated vehicular hijacking,
aggravated arson, aggravated stalking,
residential burglary, and home invasion;
(5) the defendant committed the murder with
intent to prevent the murdered individual from

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testifying or participating in any criminal
investigation or prosecution or giving material
assistance to the State in any investigation or
prosecution, either against the defendant or
another; or the defendant committed the murder
because the murdered individual was a witness in
any prosecution or gave material assistance to the
State in any investigation or prosecution, either
against the defendant or another; for purposes of
this clause (5), "participating in any criminal
investigation or prosecution" is intended to
include those appearing in the proceedings in any
capacity such as trial judges, prosecutors,
defense attorneys, investigators, witnesses, or
jurors;
(6) the defendant, while committing an offense
punishable under Section 401, 401.1, 401.2, 405,
405.2, 407 or 407.1 or subsection (b) of Section
404 of the Illinois Controlled Substances Act, or
while engaged in a conspiracy or solicitation to
commit such offense, intentionally killed an
individual or counseled, commanded, induced,
procured or caused the intentional killing of the
murdered individual;
(7) the defendant was incarcerated in an
institution or facility of the Department of

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Corrections at the time of the murder, and while
committing an offense punishable as a felony under
Illinois law, or while engaged in a conspiracy or
solicitation to commit such offense, intentionally
killed an individual or counseled, commanded,
induced, procured or caused the intentional
killing of the murdered individual;
(8) the murder was committed in a cold,
calculated and premeditated manner pursuant to a
preconceived plan, scheme or design to take a
human life by unlawful means, and the conduct of
the defendant created a reasonable expectation
that the death of a human being would result
therefrom;
(9) the defendant was a principal
administrator, organizer, or leader of a
calculated criminal drug conspiracy consisting of
a hierarchical position of authority superior to
that of all other members of the conspiracy, and
the defendant counseled, commanded, induced,
procured, or caused the intentional killing of the
murdered person;
(10) the murder was intentional and involved
the infliction of torture. For the purpose of this
clause (10), torture means the infliction of or
subjection to extreme physical pain, motivated by

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an intent to increase or prolong the pain,
suffering or agony of the victim;
(11) the murder was committed as a result of
the intentional discharge of a firearm by the
defendant from a motor vehicle and the victim was
not present within the motor vehicle;
(12) the murdered individual was a person with
a disability and the defendant knew or should have
known that the murdered individual was a person
with a disability. For purposes of this clause
(12), "person with a disability" means a person
who suffers from a permanent physical or mental
impairment resulting from disease, an injury, a
functional disorder, or a congenital condition
that renders the person incapable of adequately
providing for his or her own health or personal
care;
(13) the murdered individual was subject to an
order of protection and the murder was committed
by a person against whom the same order of
protection was issued under the Illinois Domestic
Violence Act of 1986;
(14) the murdered individual was known by the
defendant to be a teacher or other person employed
in any school and the teacher or other employee is
upon the grounds of a school or grounds adjacent

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to a school, or is in any part of a building used
for school purposes;
(15) the murder was committed by the defendant
in connection with or as a result of the offense of
terrorism as defined in Section 29D-14.9 of this
Code;
(16) the murdered individual was a member of a
congregation engaged in prayer or other religious
activities at a church, synagogue, mosque, or
other building, structure, or place used for
religious worship; or
(17)(i) the murdered individual was a
physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse;
(ii) the defendant knew or should have known
that the murdered individual was a physician,
physician assistant, psychologist, nurse, or
advanced practice registered nurse; and
(iii) the murdered individual was killed in
the course of acting in his or her capacity as a
physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse, or
to prevent him or her from acting in that
capacity, or in retaliation for his or her acting
in that capacity.
(c) the court shall sentence the defendant to a

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term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and:
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than
one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his

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official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) (blank), or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging
in activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.

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For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d)(i) if the person committed the offense while
personally armed with a firearm, and while
personally displaying the firearm, up to 15 years
may shall be added to the term of imprisonment
imposed by the court;
(ii) if, during the commission of the offense, the
person personally discharged a firearm, up to 20 years
may shall be added to the term of imprisonment imposed
by the court;
(iii) if, during the commission of the offense,
the person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person, up to 25 years may or up to a term of
natural life shall be added to the term of
imprisonment imposed by the court.
(2) (blank);
(2.5) for a person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted under the circumstances described in subdivision
(b)(1)(B) of Section 11-1.20 or paragraph (3) of

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subsection (b) of Section 12-13, subdivision (d)(2) of
Section 11-1.30 or paragraph (2) of subsection (d) of
Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
paragraph (1.2) of subsection (b) of Section 12-14.1,
subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
subsection (b) of Section 12-14.1 of the Criminal Code of
1961 or the Criminal Code of 2012, the sentence shall be a
term of natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8,
the parole or mandatory supervised release term shall be
written as part of the sentencing order and shall be as
follows:
(1) for first degree murder or for the offenses of
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, and criminal sexual assault if
committed on or before December 12, 2005, 3 years;
(1.5) except as provided in paragraph (7) of this
subsection (d), for a Class X felony except for the
offenses of predatory criminal sexual assault of a child,
aggravated criminal sexual assault, and criminal sexual
assault if committed on or after December 13, 2005 (the
effective date of Public Act 94-715) and except for the
offense of aggravated child pornography under Section
11-20.1B, 11-20.3, or 11-20.1 with sentencing under

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

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of this amendatory Act of the 102nd General Assembly;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after
December 13, 2005 (the effective date of Public Act
94-715), or who commit the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, the term of
mandatory supervised release shall range from a minimum of
3 years to a maximum of the natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under
Article 8A of Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years;
(7) for any felony described in paragraph (a)(2)(ii),
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
3-6-3 of the Unified Code of Corrections requiring an

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inmate to serve a minimum of 85% of their court-imposed
sentence, except for the offenses of predatory criminal
sexual assault of a child, aggravated criminal sexual
assault, and criminal sexual assault if committed on or
after December 13, 2005 (the effective date of Public Act
94-715) and except for the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
if committed on or after January 1, 2009 and except as
provided in paragraph (4) or paragraph (6) of this
subsection (d), the term of mandatory supervised release
shall be as follows:
(A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.
(e) (Blank).
(f) (Blank).
(g) Notwithstanding any other provisions of this Act and
of Public Act 101-652: (i) the provisions of paragraph (3) of
subsection (d) are effective on July 1, 2022 and shall apply to
all individuals convicted on or after the effective date of
paragraph (3) of subsection (d); and (ii) the provisions of
paragraphs (1.5) and (2) of subsection (d) are effective on
July 1, 2021 and shall apply to all individuals convicted on or
after the effective date of paragraphs (1.5) and (2) of

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