Rep. Dennis M. Reboletti
Filed: 3/11/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 1927 




2 AMENDMENT NO. ______. Amend House Bill 1927 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Unified Code of Corrections is amended by 
5changing Sections 5-4.5-20 and 5-8-1 as follows:

6 (730 ILCS 5/5-4.5-20)
7 Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first 
8degree murder:
9 (a) TERM. The defendant shall be sentenced to imprisonment 
10or, if appropriate, death under Section 9-1 of the Criminal 
11Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). 
12Imprisonment shall be for a determinate term of (1) not less 
13than 20 years and not more than 60 years; (2) not less than 60 
14years and not more than 100 years as provided in subsection 
15(c-5) of Section 5-8-1 (730 ILCS 5/5-8-1) or when an extended 
16term is imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) 
 
 
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1natural life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).

2 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
3shall not be imposed.

4 (c) IMPACT INCARCERATION. The impact incarceration program 
5or the county impact incarceration program is not an authorized 
6disposition.

7 (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
8probation or conditional discharge shall not be imposed.

9 (e) FINE. Fines may be imposed as provided in Section 
105-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

11 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
12concerning restitution.

13 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
14be concurrent or consecutive as provided in Section 5-8-4 (730 
15ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

16 (h) DRUG COURT. Drug court is not an authorized 
17disposition.

18 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
19ILCS 5/5-4.5-100) concerning no credit for time spent in home 
20detention prior to judgment.

21 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
22for rules and regulations for sentence credit.

23 (k) ELECTRONIC HOME DETENTION. Electronic home detention 
24is not an authorized disposition, except in limited 
25circumstances as provided in Section 5-8A-3 (730 ILCS 
265/5-8A-3).

 
 
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1 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
2provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or 
3mandatory supervised release term shall be 3 years upon release 
4from imprisonment.


5(Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)



6 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)


7 Sec. 5-8-1. Natural life imprisonment; enhancements for 
8use of a firearm; mandatory supervised release terms. 

9 (a) Except as otherwise provided in the statute defining 
10the offense or in Article 4.5 of Chapter V, a
sentence of 
11imprisonment for a felony shall be a determinate sentence set 
12by
the court under this Section, according to the following 
13limitations:


14  (1) for first degree murder,


15   (a) (blank),


16   (b) if a trier of fact finds beyond a reasonable

17 doubt that the murder was accompanied by exceptionally

18 brutal or heinous behavior indicative of wanton 
19 cruelty or, except as set forth
in subsection (a)(1)(c) 
20 of this Section, that any of the aggravating factors

21 listed in subsection (b) or (b-5) of Section 9-1 of the 
22 Criminal Code of 1961 or the Criminal Code of 2012 are

23 present, the court may sentence the defendant to a term 
24 of natural life
imprisonment, or


25   (c) the court shall sentence the defendant to a 
 
 
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1 term of natural life
imprisonment when the death 
2 penalty is not imposed if the defendant,


3    (i) has previously been convicted of first 
4 degree murder under
any state or federal law, or


5    (ii) is a person who, at the time of the 
6 commission of the murder,
had attained the age of 
7 17 or more and is found guilty of murdering an

8 individual under 12 years of age; or, irrespective 
9 of the defendant's age at
the time of the 
10 commission of the offense, is found guilty of 
11 murdering more
than one victim, or


12    (iii) is found guilty of murdering a peace 
13 officer, fireman, or emergency management worker 
14 when
the peace officer, fireman, or emergency 
15 management worker was killed in the course of 
16 performing his
official duties, or to prevent the 
17 peace officer or fireman from
performing his 
18 official duties, or in retaliation for the peace 
19 officer,
fireman, or emergency management worker 
20 from performing his official duties, and the 
21 defendant knew or should
have known that the 
22 murdered individual was a peace officer, fireman, 
23 or emergency management worker, or


24    (iv) is found guilty of murdering an employee 
25 of an institution or
facility of the Department of 
26 Corrections, or any similar local
correctional 
 
 
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1 agency, when the employee was killed in the course 
2 of
performing his official duties, or to prevent 
3 the employee from performing
his official duties, 
4 or in retaliation for the employee performing his

5 official duties, or


6    (v) is found guilty of murdering an emergency 
7 medical
technician - ambulance, emergency medical 
8 technician - intermediate, emergency
medical 
9 technician - paramedic, ambulance driver or other 
10 medical assistance or
first aid person while 
11 employed by a municipality or other governmental 
12 unit
when the person was killed in the course of 
13 performing official duties or
to prevent the 
14 person from performing official duties or in 
15 retaliation
for performing official duties and the 
16 defendant knew or should have known
that the 
17 murdered individual was an emergency medical 
18 technician - ambulance,
emergency medical 
19 technician - intermediate, emergency medical

20 technician - paramedic, ambulance driver, or other 
21 medical
assistant or first aid personnel, or


22    (vi) (blank), or is a person who, at the time 
23 of the commission of the murder,
had not attained 
24 the age of 17, and is found guilty of murdering a 
25 person under
12 years of age and the murder is 
26 committed during the course of aggravated
criminal 
 
 
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1 sexual assault, criminal sexual assault, or 
2 aggravated kidnaping,
or


3    (vii) is found guilty of first degree murder 
4 and the murder was
committed by reason of any 
5 person's activity as a community policing 
6 volunteer
or to prevent any person from engaging in 
7 activity as a community policing
volunteer. For 
8 the purpose of this Section, "community policing 
9 volunteer"
has the meaning ascribed to it in 
10 Section 2-3.5 of the Criminal Code of 2012.


11   For purposes of clause (v), "emergency medical 
12 technician - ambulance",
"emergency medical technician -
13  intermediate", "emergency medical technician -

14 paramedic", have the meanings ascribed to them in the 
15 Emergency Medical
Services (EMS) Systems Act, or .

16   (c-5) if the defendant had not attained the age of 
17 18 at the time of the commission of the murder, but is 
18 found guilty of first degree murder and any of the 
19 factors listed in subsection (c) of this Section are 
20 present, the court shall sentence the defendant to a 
21 term of imprisonment of not less than 60 years and not 
22 more than 100 years, or to a term of natural life 
23 imprisonment, or 

24   (d) (i) if the person committed the offense while 
25 armed with a
firearm, 15 years shall be added to 
26 the term of imprisonment imposed by the
court;


 
 
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1    (ii) if, during the commission of the offense, 
2 the person
personally discharged a firearm, 20 
3 years shall be added to the term of
imprisonment 
4 imposed by the court;


5    (iii) if, during the commission of the 
6 offense, the person
personally discharged a 
7 firearm that proximately caused great bodily harm,

8 permanent disability, permanent disfigurement, or 
9 death to another person, 25
years or up to a term 
10 of natural life shall be added to the term of

11 imprisonment imposed by the court.


12  (2) (blank);


13  (2.5) for a person convicted under the circumstances 
14 described in subdivision (b)(1)(B) of Section 11-1.20 or

15 paragraph (3) of subsection (b) of Section 12-13, 
16 subdivision (d)(2) of Section 11-1.30 or paragraph (2) of 
17 subsection
(d) of Section 12-14, subdivision (b)(1.2) of 
18 Section 11-1.40 or paragraph (1.2) of subsection (b) of

19 Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or 
20 paragraph (2) of subsection (b) of Section 12-14.1
of the 
21 Criminal Code of 1961 or the Criminal Code of 2012, the 
22 sentence shall be a term of natural life
imprisonment.

23 (b) (Blank).

24 (c) (Blank).

25 (d) Subject to
earlier termination under Section 3-3-8, the 
26parole or mandatory
supervised release term shall be written as 
 
 
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1part of the sentencing order and shall be as follows:


2  (1) for first degree murder or a Class X felony except 
3 for the offenses of predatory criminal sexual assault of a 
4 child, aggravated criminal sexual assault, and criminal 
5 sexual assault if committed on or after the effective date 
6 of this amendatory Act of the 94th General Assembly and 
7 except for the offense of aggravated child pornography 
8 under Section 11-20.1B, 11-20.3, or 11-20.1 with 
9 sentencing under subsection (c-5) of Section 11-20.1 of the 
10 Criminal Code of 1961 or the Criminal Code of 2012, if 
11 committed on or after January 1, 2009, 3 years;


12  (2) for a Class 1 felony or a Class 2 felony except for 
13 the offense of criminal sexual assault if committed on or 
14 after the effective date of this amendatory Act of the 94th 
15 General Assembly and except for the offenses of manufacture 
16 and dissemination of child pornography under clauses 
17 (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
18 of 1961 or the Criminal Code of 2012, if committed on or 
19 after January 1, 2009, 2 years;


20  (3) for a Class 3 felony or a Class 4 felony, 1 year;


21  (4) for defendants who commit the offense of predatory 
22 criminal sexual assault of a child, aggravated criminal 
23 sexual assault, or criminal sexual assault, on or after the 
24 effective date of this amendatory Act of the 94th General 
25 Assembly, or who commit the offense of aggravated child 
26 pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
 
 
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1 with sentencing under subsection (c-5) of Section 11-20.1 
2 of the Criminal Code of 1961 or the Criminal Code of 2012, 
3 manufacture of child pornography, or dissemination of 
4 child pornography after January 1, 2009, the term of 
5 mandatory supervised release shall range from a minimum of 
6 3 years to a maximum of the natural life of the defendant;


7  (5) if the victim is under 18 years of age, for a 
8 second or subsequent
offense of aggravated criminal sexual 
9 abuse or felony criminal sexual abuse,
4 years, at least 
10 the first 2 years of which the defendant shall serve in an

11 electronic home detention program under Article 8A of 
12 Chapter V of this Code;
 
13  (6) for a felony domestic battery, aggravated domestic 
14 battery, stalking, aggravated stalking, and a felony 
15 violation of an order of protection, 4 years. 
16 (e) (Blank).

17 (f) (Blank).

18(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 
1996-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. 
207-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, 
21eff. 1-1-13; 97-1150, eff. 1-25-13.)".