Bill Text: IL HB0005 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that, on or after the effective date of the amendatory Act, when a person commits an offense and the person is under 21 years of age at the time of the commission of the offense, the court, at the sentencing hearing, shall consider certain additional factors in mitigation in determining the appropriate sentence. Provides, that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions, the court shall impose a sentence of not less than 40 years of imprisonment. Provides that, in addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-09 - Referred to Rules Committee [HB0005 Detail]

Download: Illinois-2025-HB0005-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0005 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-4.5-105
Amends the Unified Code of Corrections. Provides that, on or after the effective date of the amendatory Act, when a person commits an offense and the person is under 21 years of age at the time of the commission of the offense, the court, at the sentencing hearing, shall consider certain additional factors in mitigation in determining the appropriate sentence. Provides, that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions, the court shall impose a sentence of not less than 40 years of imprisonment. Provides that, in addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 5-4.5-105 as follows:
(730 ILCS 5/5-4.5-105)
Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF
21 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
(a) On or after January 1, 2016 (the effective date of
Public Act 99-69 and before the effective date of this
amendatory Act of the 104th General Assembly), when a person
commits an offense and the person is under 18 years of age at
the time of the commission of the offense, the court, at the
sentencing hearing conducted under Section 5-4-1, shall
consider the following additional factors in mitigation in
determining the appropriate sentence:
(1) the person's age, impetuosity, and level of
maturity at the time of the offense, including the ability
to consider risks and consequences of behavior, and the
presence of cognitive or developmental disability, or
both, if any;
(2) whether the person was subjected to outside
pressure, including peer pressure, familial pressure, or

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negative influences;
(3) the person's family, home environment, educational
and social background, including any history of parental
neglect, domestic or sexual violence, sexual exploitation,
physical abuse, or other childhood trauma including
adverse childhood experiences (or ACEs);
(4) the person's potential for rehabilitation or
evidence of rehabilitation, or both;
(5) the circumstances of the offense;
(6) the person's degree of participation and specific
role in the offense, including the level of planning by
the defendant before the offense;
(7) whether the person was able to meaningfully
participate in his or her defense;
(8) the person's prior juvenile or criminal history;
(9) the person's involvement in the child welfare
system;
(10) involvement of the person in the community;
(11) if a comprehensive mental health evaluation of
the person was conducted by a qualified mental health
professional, the outcome of the evaluation; and
(12) any other information the court finds relevant
and reliable, including an expression of remorse, if
appropriate. However, if the person, on advice of counsel
chooses not to make a statement, the court shall not
consider a lack of an expression of remorse as an

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aggravating factor.
(a-5) On or after the effective date of this amendatory
Act of the 104th General Assembly, when a person commits an
offense and the person is under 21 years of age at the time of
the commission of the offense, the court, at the sentencing
hearing conducted under Section 5-4-1, shall consider the
following additional factors in mitigation in determining the
appropriate sentence:
(1) the person's age, impetuosity, and level of
maturity at the time of the offense, including the ability
to consider risks and consequences of behavior, and the
presence of cognitive or developmental disability, or
both, if any;
(2) whether the person was subjected to outside
pressure, including peer pressure, familial pressure, or
negative influences;
(3) the person's family, home environment, educational
and social background, including any history of parental
neglect, physical abuse, or other childhood trauma;
(4) the person's potential for rehabilitation or
evidence of rehabilitation, or both;
(5) the circumstances of the offense;
(6) the person's degree of participation and specific
role in the offense, including the level of planning by
the defendant before the offense;
(7) whether the person was able to meaningfully

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participate in his or her defense;
(8) the person's prior juvenile or criminal history;
and
(9) any other information the court finds relevant and
reliable, including an expression of remorse, if
appropriate. However, if the person, on advice of counsel
chooses not to make a statement, the court shall not
consider a lack of an expression of remorse as an
aggravating factor.
(b) The trial judge shall specify on the record its
consideration of the factors under subsection (a) of this
Section.
(c) Notwithstanding any other provision of law, if the
court determines by clear and convincing evidence that the
individual against whom the person is convicted of committing
the offense previously committed a crime under Section 10-9,
Section 11-1.20, Section 11-1.30, Section 11-1.40, Section
11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5,
Section 11-6.6, Section 11-9.1, Section 11-14.3, Section
11-14.4 or Section 11-18.1 of the Criminal Code of 2012
against the person within 3 years before the offense in which
the person was convicted, the court may, in its discretion:
(1) transfer the person to juvenile court for
sentencing under Section 5-710 of the Juvenile Court Act
of 1987;
(2) depart from any mandatory minimum sentence,

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maximum sentence, or sentencing enhancement; or
(3) suspend any portion of an otherwise applicable
sentence.
(d) Subsection (c) shall be construed as prioritizing the
successful treatment and rehabilitation of persons under 18
years of age who are sex crime victims who commit acts of
violence against their abusers. It is the General Assembly's
intent that these persons be viewed as victims and provided
treatment and services in the community and in the juvenile or
family court system.
(e) Except as provided in subsections (f) and (g), the
court may sentence the defendant to any disposition authorized
for the class of the offense of which he or she was found
guilty as described in Article 4.5 of this Code, and may, in
its discretion, decline to impose any otherwise applicable
sentencing enhancement based upon firearm possession,
possession with personal discharge, or possession with
personal discharge that proximately causes great bodily harm,
permanent disability, permanent disfigurement, or death to
another person.
(f) Notwithstanding any other provision of law, if the
defendant is under 18 at the time of the commission of the
offense and convicted of first degree murder and would
otherwise be subject to sentencing under clause (iii), (iv),
(v), or (vii) of subparagraph (c) of paragraph (1) of
subsection (a) of Section 5-8-1 of this Code based on the

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