Bill Text: IL SB2585 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. For purposes of Code provisions that make it a crime or an aggravating factor to commit an offense against police officers while they are performing their official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty. Amends the Unified Code of Corrections. For purposes of a Code provision that establishes a sentence enhancement for the murder of a peace officer in the course of performing his or her official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-05-19 - Referred to Assignments [SB2585 Detail]

Download: Illinois-2023-SB2585-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2585 Introduced 5/19/2023, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED:
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/12-2 from Ch. 38, par. 12-2
720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
Amends the Criminal Code of 2012. For purposes of Code provisions that make it a crime or an aggravating factor to commit an offense against police officers while they are performing their official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty. Amends the Unified Code of Corrections. For purposes of a Code provision that establishes a sentence enhancement for the murder of a peace officer in the course of performing his or her official duties, specifies that the term "official duties" includes, without limitation, traveling to or from a place of duty.
LRB103 32533 JDS 62107 b
A BILL FOR
SB2585 LRB103 32533 JDS 62107 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Sections 9-1, 12-2, and 12-3.05 as follows:
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree murder; death penalties;
exceptions; separate hearings; proof; findings; appellate
procedures; reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing
the acts which cause the death:
(1) he or she either intends to kill or do great bodily
harm to that individual or another, or knows that such
acts will cause death to that individual or another; or
(2) he or she knows that such acts create a strong
probability of death or great bodily harm to that
individual or another; or
(3) he or she, acting alone or with one or more
participants, commits or attempts to commit a forcible
felony other than second degree murder, and in the course
of or in furtherance of such crime or flight therefrom, he
or she or another participant causes the death of a

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person.
(b) Aggravating Factors. 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 death if:
(1) the murdered individual was a peace officer or
fireman killed in the course of performing his or her
official duties, including, without limitation, traveling
to or from his or her place of duty, to prevent the
performance of his or her official duties, or in
retaliation for performing his or her official duties, and
the defendant knew or should have known that the murdered
individual was a peace officer or fireman; or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, killed in the
course of performing his or her official duties, to
prevent the performance of his or her official duties, or
in retaliation for performing his or her official duties,
or the murdered individual was an inmate at such
institution or facility 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; or
(3) the defendant has been convicted of murdering two
or more individuals under subsection (a) of this Section

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or under any law of the United States or of any state which
is substantially similar to subsection (a) of this Section
regardless of whether the deaths occurred as the result of
the same act or of several related or unrelated acts so
long as the deaths were the result of either an intent to
kill more than one person or of separate acts which the
defendant knew would cause death or create a strong
probability of death or great bodily harm to the murdered
individual or another; or
(4) the murdered individual was killed as a result of
the hijacking of an airplane, train, ship, bus, or other
public conveyance; or
(5) 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; or
(6) 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

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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 subparagraph (a)
of paragraph (6) of subsection (b) of this Section,
the defendant acted with the intent to kill the
murdered individual or with the knowledge that his
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 subparagraph (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; or
(7) the murdered individual was under 12 years of age
and the death resulted from exceptionally brutal or

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heinous behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent to
prevent the murdered individual from 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 paragraph (8),
"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; or
(9) the defendant, while committing an offense
punishable under Sections 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; or
(10) the defendant was incarcerated in an institution
or facility of the Department of Corrections at the time

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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; or
(11) 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; or
(12) the murdered individual was an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel, employed by a municipality or other
governmental unit, killed in the course of performing his
official duties, to prevent the performance of his
official duties, or in retaliation for performing his
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 assistance
or first aid personnel; or

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(13) 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; or
(14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section
torture means 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; or
(15) 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; or
(16) the murdered individual was 60 years of age or
older and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(17) 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 paragraph (17), "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

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condition that renders the person incapable of adequately
providing for his or her own health or personal care; or
(18) 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; or
(19) 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; or
(20) 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 to a school, or is
in any part of a building used for school purposes; or
(21) 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; or
(22) 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.
(b-5) Aggravating Factor; Natural Life Imprisonment. A
defendant who has been found guilty of first degree murder and
who at the time of the commission of the offense had attained
the age of 18 years or more may be sentenced to natural life

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imprisonment if (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) Consideration of factors in Aggravation and
Mitigation.
The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors
set forth in subsection (b). Mitigating factors may include
but need not be limited to the following:
(1) the defendant has no significant history of prior
criminal activity;
(2) the murder was committed while the defendant was
under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in the

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defendant's homicidal conduct or consented to the
homicidal act;
(4) the defendant acted under the compulsion of threat
or menace of the imminent infliction of death or great
bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death;
(6) the defendant's background includes a history of
extreme emotional or physical abuse;
(7) the defendant suffers from a reduced mental
capacity.
Provided, however, that an action that does not otherwise
mitigate first degree murder cannot qualify as a mitigating
factor for first degree murder because of the discovery,
knowledge, or disclosure of the victim's sexual orientation as
defined in Section 1-103 of the Illinois Human Rights Act.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a
separate sentencing proceeding to determine the existence of
factors set forth in subsection (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:

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A. the defendant was convicted upon a plea of
guilty; or
B. the defendant was convicted after a trial
before the court sitting without a jury; or
C. the court for good cause shown discharges the
jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives a
jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of
the factors set forth in subsection (b) may be presented by
either the State or the defendant under the rules governing
the admission of evidence at criminal trials. Any information
relevant to any additional aggravating factors or any
mitigating factors indicated in subsection (c) may be
presented by the State or defendant regardless of its
admissibility under the rules governing the admission of
evidence at criminal trials. The State and the defendant shall
be given fair opportunity to rebut any information received at
the hearing.
(f) Proof.
The burden of proof of establishing the existence of any
of the factors set forth in subsection (b) is on the State and
shall not be satisfied unless established beyond a reasonable
doubt.
(g) Procedure - Jury.

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If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (b) exists,
the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury that
one or more of the factors set forth in subsection (b) exist,
the jury shall consider aggravating and mitigating factors as
instructed by the court and shall determine whether the
sentence of death shall be imposed. If the jury determines
unanimously, after weighing the factors in aggravation and
mitigation, that death is the appropriate sentence, the court
shall sentence the defendant to death. If the court does not
concur with the jury determination that death is the
appropriate sentence, the court shall set forth reasons in
writing including what facts or circumstances the court relied
upon, along with any relevant documents, that compelled the
court to non-concur with the sentence. This document and any
attachments shall be part of the record for appellate review.
The court shall be bound by the jury's sentencing
determination.
If after weighing the factors in aggravation and
mitigation, one or more jurors determines that death is not
the appropriate sentence, the court shall sentence the
defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections.
(h) Procedure - No Jury.

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In a proceeding before the court alone, if the court finds
that none of the factors found in subsection (b) exists, the
court shall sentence the defendant to a term of imprisonment
under Chapter V of the Unified Code of Corrections.
If the Court determines that one or more of the factors set
forth in subsection (b) exists, the Court shall consider any
aggravating and mitigating factors as indicated in subsection
(c). If the Court determines, after weighing the factors in
aggravation and mitigation, that death is the appropriate
sentence, the Court shall sentence the defendant to death.
If the court finds that death is not the appropriate
sentence, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
(h-5) Decertification as a capital case.
In a case in which the defendant has been found guilty of
first degree murder by a judge or jury, or a case on remand for
resentencing, and the State seeks the death penalty as an
appropriate sentence, on the court's own motion or the written
motion of the defendant, the court may decertify the case as a
death penalty case if the court finds that the only evidence
supporting the defendant's conviction is the uncorroborated
testimony of an informant witness, as defined in Section
115-21 of the Code of Criminal Procedure of 1963, concerning
the confession or admission of the defendant or that the sole
evidence against the defendant is a single eyewitness or

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single accomplice without any other corroborating evidence. If
the court decertifies the case as a capital case under either
of the grounds set forth above, the court shall issue a written
finding. The State may pursue its right to appeal the
decertification pursuant to Supreme Court Rule 604(a)(1). If
the court does not decertify the case as a capital case, the
matter shall proceed to the eligibility phase of the
sentencing hearing.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to
automatic review by the Supreme Court. Such review shall be in
accordance with rules promulgated by the Supreme Court. The
Illinois Supreme Court may overturn the death sentence, and
order the imposition of imprisonment under Chapter V of the
Unified Code of Corrections if the court finds that the death
sentence is fundamentally unjust as applied to the particular
case. If the Illinois Supreme Court finds that the death
sentence is fundamentally unjust as applied to the particular
case, independent of any procedural grounds for relief, the
Illinois Supreme Court shall issue a written opinion
explaining this finding.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held to
be unconstitutional by the Supreme Court of the United States
or of the State of Illinois, any person convicted of first
degree murder shall be sentenced by the court to a term of

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imprisonment under Chapter V of the Unified Code of
Corrections.
In the event that any death sentence pursuant to the
sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over a
person previously sentenced to death shall cause the defendant
to be brought before the court, and the court shall sentence
the defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections.
(k) Guidelines for seeking the death penalty.
The Attorney General and State's Attorneys Association
shall consult on voluntary guidelines for procedures governing
whether or not to seek the death penalty. The guidelines do not
have the force of law and are only advisory in nature.
(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
7-1-21.)
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits
aggravated assault when he or she commits an assault against
an individual who is on or about a public way, public property,
a public place of accommodation or amusement, or a sports
venue, or in a church, synagogue, mosque, or other building,

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structure, or place used for religious worship.
(b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
(1) A person with a physical disability or a person 60
years of age or older and the assault is without legal
justification.
(2) 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.
(3) A park district employee upon park grounds or
grounds adjacent to a park or in any part of a building
used for park purposes.
(4) A community policing volunteer, private security
officer, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(4.1) A peace officer, fireman, emergency management
worker, or emergency medical services personnel:
(i) performing his or her official duties,
including, without limitation, traveling to or from
his or her place of duty;
(ii) assaulted to prevent performance of his or

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her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(6) A correctional institution employee, a county
juvenile detention center employee who provides direct and
continuous supervision of residents of a juvenile
detention center, including a county juvenile detention
center employee who supervises recreational activity for
residents of a juvenile detention center, or a Department
of Human Services employee, Department of Human Services
officer, or employee of a subcontractor of the Department
of Human Services supervising or controlling sexually
dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) An employee of the State of Illinois, a municipal
corporation therein, or a political subdivision thereof,

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performing his or her official duties.
(8) A transit employee performing his or her official
duties, or a transit passenger.
(9) A sports official or coach actively participating
in any level of athletic competition within a sports
venue, on an indoor playing field or outdoor playing
field, or within the immediate vicinity of such a facility
or field.
(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.
(c) Offense based on use of firearm, device, or motor
vehicle. A person commits aggravated assault when, in
committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, an air rifle as defined in
Section 24.8-0.1 of this Act, or any device manufactured
and designed to be substantially similar in appearance to
a firearm, other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor
vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her
identity.
(5) Knowingly and without lawful justification shines

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or flashes a laser gun sight or other laser device
attached to a firearm, or used in concert with a firearm,
so that the laser beam strikes near or in the immediate
vicinity of any person.
(6) Uses a firearm, other than by discharging the
firearm, against a peace officer, community policing
volunteer, fireman, private security officer, emergency
management worker, emergency medical services personnel,
employee of a police department, employee of a sheriff's
department, or traffic control municipal employee:
(i) performing his or her official duties,
including, without limitation, traveling to or from
his or her place of duty;
(ii) assaulted to prevent performance of his or
her official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) Without justification operates a motor vehicle in
a manner which places a person, other than a person listed
in subdivision (b)(4), in reasonable apprehension of being
struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in
a manner which places a person listed in subdivision
(b)(4), in reasonable apprehension of being struck by the
moving motor vehicle.
(9) Knowingly video or audio records the offense with

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the intent to disseminate the recording.
(d) Sentence. Aggravated assault as defined in subdivision
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except
that aggravated assault as defined in subdivision (b)(4) and
(b)(7) is a Class 4 felony if a Category I, Category II, or
Category III weapon is used in the commission of the assault.
Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class
4 felony. Aggravated assault as defined in subdivision (c)(3)
or (c)(8) is a Class 3 felony.
(e) For the purposes of this Section, "Category I weapon",
"Category II weapon", and "Category III weapon" have the
meanings ascribed to those terms in Section 33A-1 of this
Code.
(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
(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

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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,
including, without limitation, traveling to or from
his or her place of duty;
(ii) battered to prevent performance of his or her
official duties; or
(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

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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.
(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.

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(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,
including, without limitation, traveling to or from
his or her place of duty;
(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
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

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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
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.

SB2585 - 25 - LRB103 32533 JDS 62107 b
(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,
including, without limitation, traveling to or from
his or her place of duty;
(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
(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

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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,
including, without limitation, traveling to or from
his or her place of duty;
(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
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(8) Discharges a machine gun or a firearm equipped

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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,
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

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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.
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

SB2585 - 29 - LRB103 32533 JDS 62107 b
involved the infliction of torture, as defined in paragraph
(14) of subsection (b) of Section 9-1 of this Code, 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.
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

SB2585 - 30 - LRB103 32533 JDS 62107 b
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 armed
with a firearm, 15 years 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, 20 years 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, 25 years or up

SB2585 - 31 - LRB103 32533 JDS 62107 b
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
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

SB2585 - 32 - LRB103 32533 JDS 62107 b
by blocking the nose or mouth of that individual.
(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
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
(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 or the Criminal Code
of 2012 are present, the court may sentence the
defendant, subject to Section 5-4.5-105, to a term of
natural life imprisonment, or

SB2585 - 33 - LRB103 32533 JDS 62107 b
(c) the court shall sentence the defendant to a
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 or her official duties, including,
without limitation, traveling to or from his or
her place of duty, 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

SB2585 - 34 - LRB103 32533 JDS 62107 b
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
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

SB2585 - 35 - LRB103 32533 JDS 62107 b
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.
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 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

SB2585 - 36 - LRB103 32533 JDS 62107 b
(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 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

SB2585 - 37 - LRB103 32533 JDS 62107 b
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, 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

SB2585 - 38 - LRB103 32533 JDS 62107 b
whose sentences were imposed prior to the effective date
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

SB2585 - 39 - LRB103 32533 JDS 62107 b
3-6-3 of the Unified Code of Corrections requiring an
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

SB2585 - 40 - LRB103 32533 JDS 62107 b
after the effective date of paragraphs (1.5) and (2) of
subsection (d).
(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
1-7-22; 102-1104, eff. 12-6-22.)