Bill Text: IL SB1042 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the short title.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-01-08 - Session Sine Die [SB1042 Detail]
Download: Illinois-2011-SB1042-Amended.html
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1 | AMENDMENT TO SENATE BILL 1042
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2 | AMENDMENT NO. ______. Amend Senate Bill 1042 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Purpose. | ||||||
5 | (a) The General Assembly finds and declares that: | ||||||
6 | (1) Public Act 89-203, effective July 21, 1995, | ||||||
7 | contained provisions amending the Criminal Code of 1961 and | ||||||
8 | the Unified Code of Corrections. Public Act 89-203 also | ||||||
9 | contained other provisions, including revisions to the | ||||||
10 | Vehicle Code, the Counties Code, and the Code of Civil | ||||||
11 | Procedure. | ||||||
12 | (2) On November 18, 1999, the Illinois Supreme Court, | ||||||
13 | in People v. Wooters, 1999, 243 Ill. Dec. 33, 188 Ill.2d | ||||||
14 | 500, 722 N.E.2d 1102 ruled that Public Act 89-203 violates | ||||||
15 | the single subject clause of the Illinois Constitution | ||||||
16 | (Article IV, Section 8 (d)) and was unconstitutional in its | ||||||
17 | entirety. |
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1 | (3) The provisions of Public Act 89-203 amending | ||||||
2 | Section 5-8-1 of the Unified Code of Corrections is of | ||||||
3 | vital concern to the people of this State and legislative | ||||||
4 | action concerning that provision of Public Act 89-203 is | ||||||
5 | necessary.
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6 | (b) The purpose of this Act is to re-enact the provisions | ||||||
7 | of Section 5-8-1 of the Unified Code of Corrections of Public | ||||||
8 | Act 89-203, including subsequent amendments. This re-enactment | ||||||
9 | is intended to remove any question as to the validity or | ||||||
10 | content of those provisions. | ||||||
11 | (c) This Act re-enacts the provisions of Section 5-8-1 of | ||||||
12 | the Unified Code of Corrections added by Public Act 89-203, | ||||||
13 | including subsequent amendments, to remove any question as to | ||||||
14 | the validity or content of those provisions; it is not intended | ||||||
15 | to supersede any other Public Act that amends the text of the | ||||||
16 | Sections as set forth in this Act. The material is shown as | ||||||
17 | existing text (i.e., without underscoring).
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18 | Section 5. The Unified Code of Corrections is amended by | ||||||
19 | reenacting Section 5-8-1 as follows:
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20 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) | ||||||
21 | (Text of Section after amendment by P.A. 96-1551 ) | ||||||
22 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
23 | use of a firearm; mandatory supervised release terms.
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24 | (a) Except as otherwise provided in the statute defining |
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1 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
2 | imprisonment for a felony shall be a determinate sentence set | ||||||
3 | by
the court under this Section, according to the following | ||||||
4 | limitations:
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5 | (1) for first degree murder,
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6 | (a) (blank),
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7 | (b) if a trier of fact finds beyond a reasonable
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8 | doubt that the murder was accompanied by exceptionally
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9 | brutal or heinous behavior indicative of wanton | ||||||
10 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
11 | of this Section, that any of the aggravating factors
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12 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
13 | Criminal Code of 1961 are
present, the court may | ||||||
14 | sentence the defendant to a term of natural life
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15 | imprisonment, or
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16 | (c) the court shall sentence the defendant to a | ||||||
17 | term of natural life
imprisonment when the death | ||||||
18 | penalty is not imposed if the defendant,
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19 | (i) has previously been convicted of first | ||||||
20 | degree murder under
any state or federal law, or
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21 | (ii) is a person who, at the time of the | ||||||
22 | commission of the murder,
had attained the age of | ||||||
23 | 17 or more and is found guilty of murdering an
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24 | individual under 12 years of age; or, irrespective | ||||||
25 | of the defendant's age at
the time of the | ||||||
26 | commission of the offense, is found guilty of |
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1 | murdering more
than one victim, or
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2 | (iii) is found guilty of murdering a peace | ||||||
3 | officer, fireman, or emergency management worker | ||||||
4 | when
the peace officer, fireman, or emergency | ||||||
5 | management worker was killed in the course of | ||||||
6 | performing his
official duties, or to prevent the | ||||||
7 | peace officer or fireman from
performing his | ||||||
8 | official duties, or in retaliation for the peace | ||||||
9 | officer,
fireman, or emergency management worker | ||||||
10 | from performing his official duties, and the | ||||||
11 | defendant knew or should
have known that the | ||||||
12 | murdered individual was a peace officer, fireman, | ||||||
13 | or emergency management worker, or
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14 | (iv) is found guilty of murdering an employee | ||||||
15 | of an institution or
facility of the Department of | ||||||
16 | Corrections, or any similar local
correctional | ||||||
17 | agency, when the employee was killed in the course | ||||||
18 | of
performing his official duties, or to prevent | ||||||
19 | the employee from performing
his official duties, | ||||||
20 | or in retaliation for the employee performing his
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21 | official duties, or
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22 | (v) is found guilty of murdering an emergency | ||||||
23 | medical
technician - ambulance, emergency medical | ||||||
24 | technician - intermediate, emergency
medical | ||||||
25 | technician - paramedic, ambulance driver or other | ||||||
26 | medical assistance or
first aid person while |
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1 | employed by a municipality or other governmental | ||||||
2 | unit
when the person was killed in the course of | ||||||
3 | performing official duties or
to prevent the | ||||||
4 | person from performing official duties or in | ||||||
5 | retaliation
for performing official duties and the | ||||||
6 | defendant knew or should have known
that the | ||||||
7 | murdered individual was an emergency medical | ||||||
8 | technician - ambulance,
emergency medical | ||||||
9 | technician - intermediate, emergency medical
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10 | technician - paramedic, ambulance driver, or other | ||||||
11 | medical
assistant or first aid personnel, or
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12 | (vi) is a person who, at the time of the | ||||||
13 | commission of the murder,
had not attained the age | ||||||
14 | of 17, and is found guilty of murdering a person | ||||||
15 | under
12 years of age and the murder is committed | ||||||
16 | during the course of aggravated
criminal sexual | ||||||
17 | assault, criminal sexual assault, or aggravated | ||||||
18 | kidnaping,
or
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19 | (vii) is found guilty of first degree murder | ||||||
20 | and the murder was
committed by reason of any | ||||||
21 | person's activity as a community policing | ||||||
22 | volunteer
or to prevent any person from engaging in | ||||||
23 | activity as a community policing
volunteer. For | ||||||
24 | the purpose of this Section, "community policing | ||||||
25 | volunteer"
has the meaning ascribed to it in | ||||||
26 | Section 2-3.5 of the Criminal Code of 1961.
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1 | For purposes of clause (v), "emergency medical | ||||||
2 | technician - ambulance",
"emergency medical technician - | ||||||
3 | intermediate", "emergency medical technician -
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4 | paramedic", have the meanings ascribed to them in the | ||||||
5 | Emergency Medical
Services (EMS) Systems Act.
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6 | (d) (i) if the person committed the offense while | ||||||
7 | armed with a
firearm, 15 years shall be added to | ||||||
8 | the term of imprisonment imposed by the
court;
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9 | (ii) if, during the commission of the offense, | ||||||
10 | the person
personally discharged a firearm, 20 | ||||||
11 | years shall be added to the term of
imprisonment | ||||||
12 | imposed by the court;
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13 | (iii) if, during the commission of the | ||||||
14 | offense, the person
personally discharged a | ||||||
15 | firearm that proximately caused great bodily harm,
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16 | permanent disability, permanent disfigurement, or | ||||||
17 | death to another person, 25
years or up to a term | ||||||
18 | of natural life shall be added to the term of
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19 | imprisonment imposed by the court.
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20 | (2) (blank);
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21 | (2.5) for a person convicted under the circumstances | ||||||
22 | described in subdivision (b)(1)(B) of Section 11-1.20 or
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23 | paragraph (3) of subsection (b) of Section 12-13, | ||||||
24 | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | ||||||
25 | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | ||||||
26 | Section 11-1.40 or paragraph (1.2) of subsection (b) of
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1 | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | ||||||
2 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
3 | Criminal Code of 1961, the sentence shall be a term of | ||||||
4 | natural life
imprisonment.
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5 | (b) (Blank).
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6 | (c) (Blank).
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7 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
8 | parole or mandatory
supervised release term shall be as | ||||||
9 | follows:
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10 | (1) for first degree murder or a Class X felony except | ||||||
11 | for the offenses of predatory criminal sexual assault of a | ||||||
12 | child, aggravated criminal sexual assault, and criminal | ||||||
13 | sexual assault if committed on or after the effective date | ||||||
14 | of this amendatory Act of the 94th General Assembly and | ||||||
15 | except for the offense of aggravated child pornography | ||||||
16 | under Section 11-20.1B or 11-20.3 of the Criminal Code of | ||||||
17 | 1961, if committed on or after January 1, 2009, 3 years;
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18 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
19 | the offense of criminal sexual assault if committed on or | ||||||
20 | after the effective date of this amendatory Act of the 94th | ||||||
21 | General Assembly and except for the offenses of manufacture | ||||||
22 | and dissemination of child pornography under clauses | ||||||
23 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
24 | of 1961, if committed on or after January 1, 2009, 2 years;
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25 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
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26 | (4) for defendants who commit the offense of predatory |
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1 | criminal sexual assault of a child, aggravated criminal | ||||||
2 | sexual assault, or criminal sexual assault, on or after the | ||||||
3 | effective date of this amendatory Act of the 94th General | ||||||
4 | Assembly, or who commit the offense of aggravated child | ||||||
5 | pornography, manufacture of child pornography, or | ||||||
6 | dissemination of child pornography after January 1, 2009, | ||||||
7 | the term of mandatory supervised release shall range from a | ||||||
8 | minimum of 3 years to a maximum of the natural life of the | ||||||
9 | defendant;
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10 | (5) if the victim is under 18 years of age, for a | ||||||
11 | second or subsequent
offense of aggravated criminal sexual | ||||||
12 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
13 | the first 2 years of which the defendant shall serve in an
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14 | electronic home detention program under Article 8A of | ||||||
15 | Chapter V of this Code;
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16 | (6) for a felony domestic battery, aggravated domestic | ||||||
17 | battery, stalking, aggravated stalking, and a felony | ||||||
18 | violation of an order of protection, 4 years. | ||||||
19 | (e) (Blank).
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20 | (f) (Blank).
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21 | (Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09; | ||||||
22 | 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff. | ||||||
23 | 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. 7-1-11.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.".
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