Rep. Dennis M. Reboletti
Filed: 4/12/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 1929 




2 AMENDMENT NO. ______. Amend House Bill 1929 by replacing 
3everything after the enacting clause with the following:


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



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

 
 
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1 doubt that the murder was accompanied by exceptionally

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

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

7 present, the court may sentence the defendant to a term 
8 of natural life
imprisonment, or


9   (c) the court shall sentence the defendant to a 
10 term of natural life
imprisonment when the death 
11 penalty is not imposed if the defendant,


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


14    (ii) is a person who, at the time of the 
15 commission of the murder,
had attained the age of 
16 18 or more and is found guilty of murdering an

17 individual under 12 years of age; or, irrespective 
18 of the defendant's age at
the time of the 
19 commission of the offense, is a person who, at the 
20 time of the commission of the murder,
had attained 
21 the age of 17 or more and is found guilty of 
22 murdering an
individual under 12 years of age; or, 
23 irrespective of the defendant's age at
the time of 
24 the commission of the offense, is found guilty of 
25 murdering more
than one victim, or


26    (iii) is found guilty of murdering a peace 
 
 
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1 officer, fireman, or emergency management worker 
2 when
the peace officer, fireman, or emergency 
3 management worker was killed in the course of 
4 performing his
official duties, or to prevent the 
5 peace officer or fireman from
performing his 
6 official duties, or in retaliation for the peace 
7 officer,
fireman, or emergency management worker 
8 from performing his official duties, and the 
9 defendant knew or should
have known that the 
10 murdered individual was a peace officer, fireman, 
11 or emergency management worker, or


12    (iv) is found guilty of murdering an employee 
13 of an institution or
facility of the Department of 
14 Corrections, or any similar local
correctional 
15 agency, when the employee was killed in the course 
16 of
performing his official duties, or to prevent 
17 the employee from performing
his official duties, 
18 or in retaliation for the employee performing his

19 official duties, or


20    (v) is found guilty of murdering an emergency 
21 medical
technician - ambulance, emergency medical 
22 technician - intermediate, emergency
medical 
23 technician - paramedic, ambulance driver or other 
24 medical assistance or
first aid person while 
25 employed by a municipality or other governmental 
26 unit
when the person was killed in the course of 
 
 
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1 performing official duties or
to prevent the 
2 person from performing official duties or in 
3 retaliation
for performing official duties and the 
4 defendant knew or should have known
that the 
5 murdered individual was an emergency medical 
6 technician - ambulance,
emergency medical 
7 technician - intermediate, emergency medical

8 technician - paramedic, ambulance driver, or other 
9 medical
assistant or first aid personnel, or


10    (vi) is a person who, at the time of the 
11 commission of the murder,
had not attained the age 
12 of 17, and is found guilty of murdering a person 
13 under
12 years of age and the murder is committed 
14 during the course of aggravated
criminal sexual 
15 assault, criminal sexual assault, or aggravated 
16 kidnaping,
or


17    (vii) is found guilty of first degree murder 
18 and the murder was
committed by reason of any 
19 person's activity as a community policing 
20 volunteer
or to prevent any person from engaging in 
21 activity as a community policing
volunteer. For 
22 the purpose of this Section, "community policing 
23 volunteer"
has the meaning ascribed to it in 
24 Section 2-3.5 of the Criminal Code of 2012.


25   For purposes of clause (v), "emergency medical 
26 technician - ambulance",
"emergency medical technician -
 
 
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1  intermediate", "emergency medical technician -

2 paramedic", have the meanings ascribed to them in the 
3 Emergency Medical
Services (EMS) Systems Act.


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


7    (ii) if, during the commission of the offense, 
8 the person
personally discharged a firearm, 20 
9 years shall be added to the term of
imprisonment 
10 imposed by the court;


11    (iii) if, during the commission of the 
12 offense, the person
personally discharged a 
13 firearm that proximately caused great bodily harm,

14 permanent disability, permanent disfigurement, or 
15 death to another person, 25
years or up to a term 
16 of natural life shall be added to the term of

17 imprisonment imposed by the court.


18  (2) (blank);


19  (2.5) for a person convicted under the circumstances 
20 described in subdivision (b)(1)(B) of Section 11-1.20 or

21 paragraph (3) of subsection (b) of Section 12-13, 
22 subdivision (d)(2) of Section 11-1.30 or paragraph (2) of 
23 subsection
(d) of Section 12-14, subdivision (b)(1.2) of 
24 Section 11-1.40 or paragraph (1.2) of subsection (b) of

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

3 (b) (Blank).

4 (c) (Blank).

5 (d) Subject to
earlier termination under Section 3-3-8, the 
6parole or mandatory
supervised release term shall be written as 
7part of the sentencing order and shall be as follows:


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


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


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


 
 
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1  (4) for defendants who commit the offense of predatory 
2 criminal sexual assault of a child, aggravated criminal 
3 sexual assault, or criminal sexual assault, on or after the 
4 effective date of this amendatory Act of the 94th General 
5 Assembly, or who commit the offense of aggravated child 
6 pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
7 with sentencing under subsection (c-5) of Section 11-20.1 
8 of the Criminal Code of 1961 or the Criminal Code of 2012, 
9 manufacture of child pornography, or dissemination of 
10 child pornography after January 1, 2009, the term of 
11 mandatory supervised release shall range from a minimum of 
12 3 years to a maximum of the natural life of the defendant;


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

17 electronic home detention program under Article 8A of 
18 Chapter V of this Code;
 
19  (6) for a felony domestic battery, aggravated domestic 
20 battery, stalking, aggravated stalking, and a felony 
21 violation of an order of protection, 4 years. 
22 (e) (Blank).

23 (f) (Blank).

24 (g) In People v. Wooters, 188 Ill. 2d 500 (1999), the 
25Illinois Supreme
Court declared that Public Act 89-203 violates 
26the single subject rule
of the Illinois Constitution (ILCON 
 
 
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1Art. IV, Sec. 8) by including certain
provisions relating to 
2mortgage foreclosure in a bill otherwise relating to
crime. It 
3is the purpose of this amendatory Act of the 98th General 
4Assembly to re-enact and modify the provision relating
to the 
5imposition of a mandatory term of natural life
imprisonment if 
6the defendant is found guilty of murdering an
individual under 
712 years of age. It is also the intent of this amendatory Act 
8to comply with the United States Supreme Court decision of 
9Miller v. Alabama which prohibits mandatory sentences of life 
10imprisonment without parole for murder where the defendant was 
11under 18 years of age at the time of the commission of the 
12offense. 
13(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 
1496-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. 
157-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, 
16eff. 1-1-13; 97-1150, eff. 1-25-13.)".