Bill Text: IL HB1929 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the organization of the Department of Corrections and the Department of Juvenile Justice.

Sponsorship: Bipartisan Bill

Status: (Failed) 2014-12-03 - Session Sine Die [HB1929 Detail]

Download: Illinois-2013-HB1929-Amended.html

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Sen. Kirk W. Dillard

Filed: 5/2/2013

09800HB1929sam001 LRB098 07508 RLC 45027 a
AMENDMENT TO HOUSE BILL 1929
AMENDMENT NO. ______. Amend House Bill 1929 by replacing
everything after the enacting clause with the following:
"Section 5. 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, according to the following
limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable

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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 to a term
of natural life imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment when the death
penalty is not imposed if the defendant,
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of
18 or more and (1) is found guilty of murdering an
individual under 12 years of age, or (2) is a
person who, at the time of the commission of the
murder, had attained the age of 17 or more and is
found guilty of murdering an individual under 12
years of age; or, irrespective of the defendant's
age at the time of the commission of the offense,
is found guilty of murdering more than one victim,
or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker

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when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, 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
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

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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). is a person who, at the time of
the commission of the murder, had not attained the
age of 17, and is found guilty of murdering a
person under 12 years of age and the murder is
committed during the course of aggravated criminal
sexual assault, criminal sexual assault, or
aggravated kidnaping, 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
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 -

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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 convicted under the circumstances
described in subdivision (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

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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 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 the effective date
of this amendatory Act of the 94th General Assembly 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, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the 94th
General Assembly 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, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory

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criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, 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 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.
(e) (Blank).
(f) (Blank).
(g) In People v. Wooters, 188 Ill. 2d 500 (1999), the
Illinois Supreme Court declared that Public Act 89-203 violates
the single subject rule of the Illinois Constitution (Article
IV, Section 8(d)) by including certain provisions relating to

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mortgage foreclosure in a bill otherwise relating to crime. It
is the purpose of this amendatory Act of the 98th General
Assembly to re-enact and modify the provision relating to the
imposition of a mandatory term of natural life imprisonment if
the defendant is found guilty of murdering an individual under
12 years of age. It is also the intent of this amendatory Act
to comply with the United States Supreme Court decision of
Miller v. Alabama, 132 S.Ct. 2455 (2012), which prohibits
mandatory sentences of life imprisonment without parole for
murder where the defendant was under 18 years of age at the
time of the commission of the offense.
(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.
7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109,
eff. 1-1-13; 97-1150, eff. 1-25-13.)".