Bill Text: IL SB1042 | 2011-2012 | 97th General Assembly | Amended

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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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Sen. William R. Haine

Filed: 4/11/2011

09700SB1042sam001 LRB097 04746 RLC 54393 a
AMENDMENT TO SENATE BILL 1042
AMENDMENT NO. ______. Amend Senate Bill 1042 by replacing
everything after the enacting clause with the following:
"Section 1. Purpose.
(a) The General Assembly finds and declares that:
(1) Public Act 89-203, effective July 21, 1995,
contained provisions amending the Criminal Code of 1961 and
the Unified Code of Corrections. Public Act 89-203 also
contained other provisions, including revisions to the
Vehicle Code, the Counties Code, and the Code of Civil
Procedure.
(2) On November 18, 1999, the Illinois Supreme Court,
in People v. Wooters, 1999, 243 Ill. Dec. 33, 188 Ill.2d
500, 722 N.E.2d 1102 ruled that Public Act 89-203 violates
the single subject clause of the Illinois Constitution
(Article IV, Section 8 (d)) and was unconstitutional in its
entirety.

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(3) The provisions of Public Act 89-203 amending
Section 5-8-1 of the Unified Code of Corrections is of
vital concern to the people of this State and legislative
action concerning that provision of Public Act 89-203 is
necessary.
(b) The purpose of this Act is to re-enact the provisions
of Section 5-8-1 of the Unified Code of Corrections of Public
Act 89-203, including subsequent amendments. This re-enactment
is intended to remove any question as to the validity or
content of those provisions.
(c) This Act re-enacts the provisions of Section 5-8-1 of
the Unified Code of Corrections added by Public Act 89-203,
including subsequent amendments, to remove any question as to
the validity or content of those provisions; it is not intended
to supersede any other Public Act that amends the text of the
Sections as set forth in this Act. The material is shown as
existing text (i.e., without underscoring).
Section 5. The Unified Code of Corrections is amended by
reenacting Section 5-8-1 as follows:
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
(Text of Section after amendment by P.A. 96-1551)
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

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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, 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 (a)(1)(c)
of this Section, that any of the aggravating factors
listed in subsection (b) or (b-5) of Section 9-1 of the
Criminal Code of 1961 are present, the court may
sentence the defendant to a term of natural life
imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment when the death
penalty is not imposed if the defendant,
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of
17 or more and is found guilty of murdering an
individual under 12 years of age; or, irrespective
of the defendant's age at the time of the
commission of the offense, is found guilty of

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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
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

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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) is a person who, at the time of the
commission of the murder, had not attained the age
of 17, and is found guilty of murdering a person
under 12 years of age and the murder is committed
during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated
kidnaping, 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 1961.

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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
armed with a firearm, 15 years 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, 20
years 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, 25 years 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 convicted under the circumstances
described in subdivision (b)(1)(B) of Section 11-1.20 or
paragraph (3) of 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

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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, 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 as
follows:
(1) for first degree murder or 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 the effective date
of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.1B or 11-20.3 of the Criminal Code of
1961, if committed on or after January 1, 2009, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the 94th
General Assembly 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, if committed on or after January 1, 2009, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory

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criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography, 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 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.
(e) (Blank).
(f) (Blank).
(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff.
7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. 7-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".