Bill Text: IL SB1948 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1948 Detail]
Download: Illinois-2013-SB1948-Amended.html
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1 | AMENDMENT TO SENATE BILL 1948
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2 | AMENDMENT NO. ______. Amend Senate Bill 1948 by replacing | ||||||
3 | the title with the following: | ||||||
4 | "AN ACT concerning criminal law, which may be referred to | ||||||
5 | as Chelsea's Law."; and
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6 | by replacing everything after the enacting clause with the | ||||||
7 | following:
| ||||||
8 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
9 | changing Sections 9-1 and 11-1.40 as follows:
| ||||||
10 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
11 | Sec. 9-1. First degree Murder - Death penalties - | ||||||
12 | Exceptions - Separate
Hearings - Proof - Findings - Appellate | ||||||
13 | procedures - Reversals.
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14 | (a) A person who kills an individual without lawful | ||||||
15 | justification commits
first degree murder if, in performing the |
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1 | acts which cause the death:
| ||||||
2 | (1) he either intends to kill or do great bodily harm | ||||||
3 | to that
individual or another, or knows that such acts will | ||||||
4 | cause death to that
individual or another; or
| ||||||
5 | (2) he knows that such acts create a strong probability | ||||||
6 | of death or
great bodily harm to that individual or | ||||||
7 | another; or
| ||||||
8 | (3) he is attempting or committing a forcible felony | ||||||
9 | other than
second degree murder.
| ||||||
10 | (b) Aggravating Factors. A defendant who at the time of the
| ||||||
11 | commission of the offense has attained the age of 18 or more | ||||||
12 | and who has
been found guilty of first degree murder may be | ||||||
13 | sentenced to death if:
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14 | (1) the murdered individual was a peace officer or | ||||||
15 | fireman killed in
the course of performing his official | ||||||
16 | duties, to prevent the performance
of his official duties, | ||||||
17 | or in retaliation for performing his official
duties, and | ||||||
18 | the defendant knew or
should have known that the murdered | ||||||
19 | individual was a peace officer or
fireman; or
| ||||||
20 | (2) the murdered individual was an employee of an | ||||||
21 | institution or
facility of the Department of Corrections, | ||||||
22 | or any similar local
correctional agency, killed in the | ||||||
23 | course of performing his official
duties, to prevent the | ||||||
24 | performance of his official duties, or in
retaliation for | ||||||
25 | performing his official duties, or the murdered
individual | ||||||
26 | was an inmate at such institution or facility and was |
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1 | killed on the
grounds thereof, or the murdered individual | ||||||
2 | was otherwise present in such
institution or facility with | ||||||
3 | the knowledge and approval of the chief
administrative | ||||||
4 | officer thereof; or
| ||||||
5 | (3) the defendant has been convicted of murdering two | ||||||
6 | or more
individuals under subsection (a) of this Section or | ||||||
7 | under any law of the
United States or of any state which is | ||||||
8 | substantially similar to
subsection (a) of this Section | ||||||
9 | regardless of whether the deaths
occurred as the result of | ||||||
10 | the same act or of several related or
unrelated acts so | ||||||
11 | long as the deaths were the result of either an intent
to | ||||||
12 | kill more than one person or of separate acts which
the | ||||||
13 | defendant knew would cause death or create a strong | ||||||
14 | probability of
death or great bodily harm to the murdered | ||||||
15 | individual or another; or
| ||||||
16 | (4) the murdered individual was killed as a result of | ||||||
17 | the
hijacking of an airplane, train, ship, bus or other | ||||||
18 | public conveyance; or
| ||||||
19 | (5) the defendant committed the murder pursuant to a | ||||||
20 | contract,
agreement or understanding by which he was to | ||||||
21 | receive money or anything
of value in return for committing | ||||||
22 | the murder or procured another to
commit the murder for | ||||||
23 | money or anything of value; or
| ||||||
24 | (6) the murdered individual was killed in the course of | ||||||
25 | another felony if:
| ||||||
26 | (a) the murdered individual:
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1 | (i) was actually killed by the defendant, or
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2 | (ii) received physical injuries personally | ||||||
3 | inflicted by the defendant
substantially | ||||||
4 | contemporaneously with physical injuries caused by | ||||||
5 | one or
more persons for whose conduct the defendant | ||||||
6 | is legally accountable under
Section 5-2 of this | ||||||
7 | Code, and the physical injuries inflicted by | ||||||
8 | either
the defendant or the other person or persons | ||||||
9 | for whose conduct he is legally
accountable caused | ||||||
10 | the death of the murdered individual; and
| ||||||
11 | (b) in performing the acts which caused the death | ||||||
12 | of the murdered
individual or which resulted in | ||||||
13 | physical injuries personally inflicted by
the | ||||||
14 | defendant on the murdered individual under the | ||||||
15 | circumstances of
subdivision (ii) of subparagraph (a) | ||||||
16 | of paragraph (6) of subsection (b) of
this Section, the | ||||||
17 | defendant acted with the intent to kill the murdered
| ||||||
18 | individual or with the knowledge that his acts created | ||||||
19 | a strong probability
of death or great bodily harm to | ||||||
20 | the murdered individual or another; and
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21 | (c) the other felony was an inherently violent | ||||||
22 | crime
or the attempt to commit an inherently
violent | ||||||
23 | crime.
In this subparagraph (c), "inherently violent | ||||||
24 | crime" includes, but is not
limited to, armed robbery, | ||||||
25 | robbery, predatory criminal sexual assault of a
child,
| ||||||
26 | aggravated criminal sexual assault, criminal sexual |
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1 | abuse, aggravated criminal sexual abuse, aggravated | ||||||
2 | kidnapping, aggravated vehicular
hijacking,
aggravated | ||||||
3 | arson, aggravated stalking, residential burglary, and | ||||||
4 | home
invasion; or
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5 | (7) the murdered individual was under 12 years of age | ||||||
6 | and the
death resulted from exceptionally brutal or heinous | ||||||
7 | behavior indicative of
wanton cruelty; or
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8 | (8) the defendant committed the murder with intent to
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9 | prevent the murdered individual from testifying or | ||||||
10 | participating in any
criminal investigation or prosecution
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11 | or giving material assistance to the State in any | ||||||
12 | investigation or
prosecution, either against the defendant | ||||||
13 | or another; or the defendant
committed the murder because | ||||||
14 | the murdered individual was a witness in any
prosecution or | ||||||
15 | gave material assistance to the State in any investigation
| ||||||
16 | or prosecution, either against the defendant or another;
| ||||||
17 | for purposes of this paragraph (8), "participating in any | ||||||
18 | criminal
investigation
or prosecution" is intended to | ||||||
19 | include those appearing in the proceedings in
any capacity | ||||||
20 | such as trial judges, prosecutors, defense attorneys,
| ||||||
21 | investigators, witnesses, or jurors; or
| ||||||
22 | (9) the defendant, while committing an offense | ||||||
23 | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||||||
24 | 407 or 407.1 or subsection (b) of
Section
404 of the | ||||||
25 | Illinois Controlled Substances Act, or while engaged in a
| ||||||
26 | conspiracy or solicitation to commit such offense, |
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1 | intentionally killed an
individual or counseled, | ||||||
2 | commanded, induced, procured or caused the
intentional | ||||||
3 | killing of the murdered individual; or
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4 | (10) the defendant was incarcerated in an institution | ||||||
5 | or facility of
the Department of Corrections at the time of | ||||||
6 | the murder, and while
committing an offense punishable as a | ||||||
7 | felony under Illinois law, or while
engaged in a conspiracy | ||||||
8 | or solicitation to commit such offense,
intentionally | ||||||
9 | killed an individual or counseled, commanded, induced,
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10 | procured or caused the intentional killing of the murdered | ||||||
11 | individual; or
| ||||||
12 | (11) the murder was committed in a cold, calculated and | ||||||
13 | premeditated
manner pursuant to a preconceived plan, | ||||||
14 | scheme or design to take a human
life by unlawful means, | ||||||
15 | and the conduct of the defendant created a
reasonable | ||||||
16 | expectation that the death of a human being would result
| ||||||
17 | therefrom; or
| ||||||
18 | (12) the murdered individual was an emergency medical | ||||||
19 | technician -
ambulance, emergency medical technician - | ||||||
20 | intermediate, emergency medical
technician - paramedic, | ||||||
21 | ambulance driver, or
other medical assistance or first aid | ||||||
22 | personnel, employed by a municipality
or other | ||||||
23 | governmental unit, killed in the course of performing his | ||||||
24 | official
duties, to prevent the performance of his official | ||||||
25 | duties, or in retaliation
for performing his official | ||||||
26 | duties, and the defendant knew or should have
known that |
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1 | the murdered individual was an emergency medical | ||||||
2 | technician -
ambulance, emergency medical technician - | ||||||
3 | intermediate, emergency medical
technician - paramedic, | ||||||
4 | ambulance driver, or
other medical assistance or first aid | ||||||
5 | personnel; or
| ||||||
6 | (13) the defendant was a principal administrator, | ||||||
7 | organizer, or leader
of a calculated criminal drug | ||||||
8 | conspiracy consisting of a hierarchical position
of | ||||||
9 | authority superior to that of all other members of the | ||||||
10 | conspiracy, and the
defendant counseled, commanded, | ||||||
11 | induced, procured, or caused the intentional
killing of the | ||||||
12 | murdered person;
or
| ||||||
13 | (14) the murder was intentional and involved the | ||||||
14 | infliction of torture.
For
the purpose of this Section | ||||||
15 | torture means the infliction of or subjection to
extreme | ||||||
16 | physical pain, motivated by an intent to increase or | ||||||
17 | prolong the pain,
suffering or agony of the victim; or
| ||||||
18 | (15) the murder was committed as a result of the | ||||||
19 | intentional discharge
of a firearm by the defendant from a | ||||||
20 | motor vehicle and the victim was not
present within the | ||||||
21 | motor vehicle; or
| ||||||
22 | (16) the murdered individual was 60 years of age or | ||||||
23 | older and the death
resulted
from exceptionally brutal or | ||||||
24 | heinous behavior indicative of wanton cruelty; or
| ||||||
25 | (17) the murdered individual was a disabled person and | ||||||
26 | the defendant knew
or
should have known that the murdered |
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| |||||||
1 | individual was disabled. For purposes of
this paragraph | ||||||
2 | (17), "disabled person" means a person who suffers from a
| ||||||
3 | permanent physical or mental impairment resulting from | ||||||
4 | disease, an injury,
a functional disorder, or a congenital | ||||||
5 | condition that renders the person
incapable of
adequately | ||||||
6 | providing for his or her own health or personal care; or
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7 | (18) the murder was committed by reason of any person's | ||||||
8 | activity as a
community policing volunteer or to prevent | ||||||
9 | any person from engaging in activity
as a community | ||||||
10 | policing volunteer; or
| ||||||
11 | (19) the murdered individual was subject to an order of | ||||||
12 | protection and the
murder was committed by a person against | ||||||
13 | whom the same order of protection was
issued under the | ||||||
14 | Illinois Domestic Violence Act of 1986; or
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15 | (20) the murdered individual was known by the defendant | ||||||
16 | to be a teacher or
other person employed in any school and | ||||||
17 | the teacher or other employee is upon
the grounds of a | ||||||
18 | school or grounds adjacent to a school, or is in any part | ||||||
19 | of a
building used for school purposes; or
| ||||||
20 | (21) the murder was committed by the defendant in | ||||||
21 | connection with or as
a
result of the offense of terrorism | ||||||
22 | as defined in Section 29D-14.9 of this
Code.
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23 | (b-5) Aggravating Factor; Natural Life Imprisonment. A | ||||||
24 | defendant who has been found guilty of first degree murder and | ||||||
25 | who at the time of the commission of the offense had attained | ||||||
26 | the age of 18 years or more may be sentenced to natural life |
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1 | imprisonment if
(i) the murdered individual was a physician, | ||||||
2 | physician assistant, psychologist, nurse, or advanced practice | ||||||
3 | nurse, (ii) the defendant knew or should have
known that the | ||||||
4 | murdered individual was a physician, physician assistant, | ||||||
5 | psychologist, nurse, or advanced practice nurse, and (iii) the | ||||||
6 | murdered individual was killed in the course of acting in his | ||||||
7 | or her capacity as a physician, physician assistant, | ||||||
8 | psychologist, nurse, or advanced practice nurse, or to prevent | ||||||
9 | him or her from acting in that capacity, or in retaliation
for | ||||||
10 | his or her acting in that capacity. | ||||||
11 | (c) Consideration of factors in Aggravation and | ||||||
12 | Mitigation.
| ||||||
13 | The court shall consider, or shall instruct the jury to | ||||||
14 | consider any
aggravating and any mitigating factors which are | ||||||
15 | relevant to the
imposition of the death penalty. Aggravating | ||||||
16 | factors may include but
need not be limited to those factors | ||||||
17 | set forth in subsection (b).
Mitigating factors may include but | ||||||
18 | need not be limited to the following:
| ||||||
19 | (1) the defendant has no significant history of prior | ||||||
20 | criminal
activity;
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21 | (2) the murder was committed while the defendant was | ||||||
22 | under
the influence of extreme mental or emotional | ||||||
23 | disturbance, although not such
as to constitute a defense | ||||||
24 | to prosecution;
| ||||||
25 | (3) the murdered individual was a participant in the
| ||||||
26 | defendant's homicidal conduct or consented to the |
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| |||||||
1 | homicidal act;
| ||||||
2 | (4) the defendant acted under the compulsion of threat | ||||||
3 | or
menace of the imminent infliction of death or great | ||||||
4 | bodily harm;
| ||||||
5 | (5) the defendant was not personally present during
| ||||||
6 | commission of the act or acts causing death;
| ||||||
7 | (6) the defendant's background includes a history of | ||||||
8 | extreme emotional
or physical abuse;
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9 | (7) the defendant suffers from a reduced mental | ||||||
10 | capacity.
| ||||||
11 | (d) Separate sentencing hearing.
| ||||||
12 | Where requested by the State, the court shall conduct a | ||||||
13 | separate
sentencing proceeding to determine the existence of | ||||||
14 | factors set forth in
subsection (b) and to consider any | ||||||
15 | aggravating or mitigating factors as
indicated in subsection | ||||||
16 | (c). The proceeding shall be conducted:
| ||||||
17 | (1) before the jury that determined the defendant's | ||||||
18 | guilt; or
| ||||||
19 | (2) before a jury impanelled for the purpose of the | ||||||
20 | proceeding if:
| ||||||
21 | A. the defendant was convicted upon a plea of | ||||||
22 | guilty; or
| ||||||
23 | B. the defendant was convicted after a trial before | ||||||
24 | the court
sitting without a jury; or
| ||||||
25 | C. the court for good cause shown discharges the | ||||||
26 | jury that
determined the defendant's guilt; or
|
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1 | (3) before the court alone if the defendant waives a | ||||||
2 | jury
for the separate proceeding.
| ||||||
3 | (e) Evidence and Argument.
| ||||||
4 | During the proceeding any information relevant to any of | ||||||
5 | the factors
set forth in subsection (b) may be presented by | ||||||
6 | either the State or the
defendant under the rules governing the | ||||||
7 | admission of evidence at
criminal trials. Any information | ||||||
8 | relevant to any additional aggravating
factors or any | ||||||
9 | mitigating factors indicated in subsection (c) may be
presented | ||||||
10 | by the State or defendant regardless of its admissibility
under | ||||||
11 | the rules governing the admission of evidence at criminal | ||||||
12 | trials.
The State and the defendant shall be given fair | ||||||
13 | opportunity to rebut any
information received at the hearing.
| ||||||
14 | (f) Proof.
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15 | The burden of proof of establishing the existence of any of | ||||||
16 | the
factors set forth in subsection (b) is on the State and | ||||||
17 | shall not be
satisfied unless established beyond a reasonable | ||||||
18 | doubt.
| ||||||
19 | (g) Procedure - Jury.
| ||||||
20 | If at the separate sentencing proceeding the jury finds | ||||||
21 | that none of
the factors set forth in subsection (b) exists, | ||||||
22 | the court shall sentence
the defendant to a term of | ||||||
23 | imprisonment under Chapter V of the Unified
Code of | ||||||
24 | Corrections. If there is a unanimous finding by the jury that
| ||||||
25 | one or more of the factors set forth in subsection (b) exist, | ||||||
26 | the jury
shall consider aggravating and mitigating factors as |
| |||||||
| |||||||
1 | instructed by the
court and shall determine whether the | ||||||
2 | sentence of death shall be
imposed. If the jury determines | ||||||
3 | unanimously, after weighing the factors in
aggravation and | ||||||
4 | mitigation, that death is the appropriate sentence, the court | ||||||
5 | shall sentence the defendant to death.
If the court does not | ||||||
6 | concur with the jury determination that death is the
| ||||||
7 | appropriate sentence, the court shall set forth reasons in | ||||||
8 | writing
including what facts or circumstances the court relied | ||||||
9 | upon,
along with any relevant
documents, that compelled the | ||||||
10 | court to non-concur with the sentence. This
document and any | ||||||
11 | attachments shall be part of the record for appellate
review. | ||||||
12 | The court shall be bound by the jury's sentencing | ||||||
13 | determination.
| ||||||
14 | If after weighing the factors in aggravation and | ||||||
15 | mitigation, one or more
jurors determines that death is not the | ||||||
16 | appropriate sentence,
the
court shall sentence the defendant to | ||||||
17 | a term of imprisonment under
Chapter V of the Unified Code of | ||||||
18 | Corrections.
| ||||||
19 | (h) Procedure - No Jury.
| ||||||
20 | In a proceeding before the court alone, if the court finds | ||||||
21 | that none
of the factors found in subsection (b) exists, the | ||||||
22 | court shall sentence
the defendant to a term of imprisonment | ||||||
23 | under Chapter V of the Unified
Code of Corrections.
| ||||||
24 | If the Court determines that one or more of the factors set | ||||||
25 | forth in
subsection (b) exists, the Court shall consider any | ||||||
26 | aggravating and
mitigating factors as indicated in subsection |
| |||||||
| |||||||
1 | (c). If the Court
determines, after weighing the factors in | ||||||
2 | aggravation and mitigation, that
death is the appropriate | ||||||
3 | sentence, the Court shall sentence the
defendant to death.
| ||||||
4 | If
the court finds that death is not the
appropriate | ||||||
5 | sentence, the
court shall sentence the defendant to a term of | ||||||
6 | imprisonment under
Chapter V of the Unified Code of | ||||||
7 | Corrections.
| ||||||
8 | (h-5) Decertification as a capital case.
| ||||||
9 | In a case in which the defendant has been found guilty of | ||||||
10 | first degree murder
by a judge or jury, or a case on remand for | ||||||
11 | resentencing, and the State seeks
the death penalty as an | ||||||
12 | appropriate
sentence,
on the court's own motion or the written | ||||||
13 | motion of the defendant, the court
may decertify the case as a | ||||||
14 | death penalty case if the court finds that the only
evidence | ||||||
15 | supporting the defendant's conviction is the uncorroborated | ||||||
16 | testimony
of an informant witness, as defined in Section 115-21 | ||||||
17 | of the Code of Criminal
Procedure of 1963, concerning the | ||||||
18 | confession or admission of the defendant or
that the sole | ||||||
19 | evidence against the defendant is a single eyewitness or single
| ||||||
20 | accomplice without any other corroborating evidence.
If the | ||||||
21 | court decertifies the case as a capital case
under either of | ||||||
22 | the grounds set forth above, the court shall issue a
written | ||||||
23 | finding. The State may pursue its right to appeal the | ||||||
24 | decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||||||
25 | the court does not
decertify the case as a capital case, the | ||||||
26 | matter shall proceed to the
eligibility phase of the sentencing |
| |||||||
| |||||||
1 | hearing.
| ||||||
2 | (i) Appellate Procedure.
| ||||||
3 | The conviction and sentence of death shall be subject to | ||||||
4 | automatic
review by the Supreme Court. Such review shall be in | ||||||
5 | accordance with
rules promulgated by the Supreme Court.
The | ||||||
6 | Illinois Supreme Court may overturn the death sentence, and | ||||||
7 | order the
imposition of imprisonment under Chapter V of the | ||||||
8 | Unified Code of
Corrections if the court finds that the death | ||||||
9 | sentence is fundamentally
unjust as applied to the particular | ||||||
10 | case.
If the Illinois Supreme Court finds that the
death | ||||||
11 | sentence is fundamentally unjust as applied to the particular | ||||||
12 | case,
independent of any procedural grounds for relief, the | ||||||
13 | Illinois Supreme Court
shall issue a written opinion explaining | ||||||
14 | this finding.
| ||||||
15 | (j) Disposition of reversed death sentence.
| ||||||
16 | In the event that the death penalty in this Act is held to | ||||||
17 | be
unconstitutional by the Supreme Court of the United States | ||||||
18 | or of the
State of Illinois, any person convicted of first | ||||||
19 | degree murder shall be
sentenced by the court to a term of | ||||||
20 | imprisonment under Chapter V of the
Unified Code of | ||||||
21 | Corrections.
| ||||||
22 | In the event that any death sentence pursuant to the | ||||||
23 | sentencing
provisions of this Section is declared | ||||||
24 | unconstitutional by the Supreme
Court of the United States or | ||||||
25 | of the State of Illinois, the court having
jurisdiction over a | ||||||
26 | person previously sentenced to death shall cause the
defendant |
| |||||||
| |||||||
1 | to be brought before the court, and the court shall sentence
| ||||||
2 | the defendant to a term of imprisonment under Chapter V of the
| ||||||
3 | Unified Code of Corrections.
| ||||||
4 | (k) Guidelines for seeking the death penalty.
| ||||||
5 | The Attorney General and
State's Attorneys Association | ||||||
6 | shall consult on voluntary guidelines for
procedures governing | ||||||
7 | whether or not to seek the death penalty. The guidelines
do not
| ||||||
8 | have the force of law and are only advisory in nature.
| ||||||
9 | (Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
| ||||||
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 child.
| ||||||
12 | (a) A person commits predatory criminal sexual assault of a | ||||||
13 | child if that person commits an act of sexual penetration, is | ||||||
14 | 17 years of age or older, and: | ||||||
15 | (1) the victim is under 14 13 years of age; or | ||||||
16 | (2) the victim is under 14 13 years of age and that | ||||||
17 | person: | ||||||
18 | (A) is armed with a firearm; | ||||||
19 | (B) (blank); personally discharges a firearm | ||||||
20 | during the commission of the offense; | ||||||
21 | (C) causes great bodily harm to the victim that: | ||||||
22 | (i) results in permanent disability; or | ||||||
23 | (ii) is life threatening; or | ||||||
24 | (D) delivers (by injection, inhalation, ingestion, | ||||||
25 | transfer of possession, or any other means) any |
| |||||||
| |||||||
1 | controlled substance to the victim without the | ||||||
2 | victim's consent or by threat or deception, for other | ||||||
3 | than medical purposes.
| ||||||
4 | (b) Sentence.
| ||||||
5 | (1) A person convicted of a violation of subsection | ||||||
6 | (a)(1)
commits a Class X felony, for which the person shall | ||||||
7 | be sentenced to a term of imprisonment of not less than 10 | ||||||
8 | 6 years and not more than 60 years unless the offense is | ||||||
9 | committed against a child who was under 10 years of age at | ||||||
10 | the time of the commission of the offense in which case the | ||||||
11 | person shall be sentenced to a term of natural life | ||||||
12 | imprisonment .
A person convicted of a violation of | ||||||
13 | subsection (a)(2)(A) commits a Class X
felony for which 15 | ||||||
14 | years shall be added to the term of imprisonment imposed by
| ||||||
15 | the court. A person convicted of a violation of subsection | ||||||
16 | (a)(2)(B) commits a
Class X felony for which 20 years shall | ||||||
17 | be added to the term of imprisonment
imposed by the court. | ||||||
18 | A person convicted of a violation of subsection (a)(2) | ||||||
19 | (a)(2)(C)
commits a Class X felony for which the person | ||||||
20 | shall be sentenced to a term of
imprisonment of not less | ||||||
21 | than 50 years or up to a term of natural life
imprisonment.
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22 | (1.1) (Blank). A person convicted of a violation of | ||||||
23 | subsection (a)(2)(D) commits a
Class X felony for which the | ||||||
24 | person
shall be
sentenced to a
term of imprisonment of not | ||||||
25 | less than 50 years and not more than 60 years.
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26 | (1.2) A person convicted of predatory criminal sexual |
| |||||||
| |||||||
1 | assault of a child
committed
against 2 or more persons | ||||||
2 | regardless of whether the offenses occurred as the
result | ||||||
3 | of the same act or of several related or unrelated acts | ||||||
4 | shall be
sentenced to a term of natural life imprisonment.
| ||||||
5 | (2) A person who is convicted of a second or subsequent | ||||||
6 | offense of
predatory criminal sexual assault of a child, or | ||||||
7 | who is convicted of the
offense of
predatory criminal | ||||||
8 | sexual assault of a child after having previously been
| ||||||
9 | convicted of the offense of criminal sexual assault or the | ||||||
10 | offense of
aggravated criminal sexual assault, or who is | ||||||
11 | convicted of the offense of
predatory criminal sexual | ||||||
12 | assault of a child after having previously been
convicted | ||||||
13 | under the laws of this State
or any other state of an | ||||||
14 | offense that is substantially equivalent to the
offense
of | ||||||
15 | predatory criminal sexual assault of a child, the offense | ||||||
16 | of aggravated
criminal sexual assault or the offense of | ||||||
17 | criminal sexual assault, shall be
sentenced to a term of | ||||||
18 | natural life imprisonment.
The commission of the second or | ||||||
19 | subsequent offense is required to have been
after the | ||||||
20 | initial conviction for this paragraph (2) to apply.
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21 | (Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11 .)".
|