Bill Text: IL HB2989 | 2021-2022 | 102nd General Assembly | Engrossed

---

Bill Title: Amends the Unified Code of Corrections. Provides that when a person commits an offense and the person is under 21, rather than under 18, the court, at the sentencing hearing shall consider specified factors in mitigation in determining the appropriate sentence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-23 - Rule 19(a) / Re-referred to Rules Committee [HB2989 Detail]

Download: Illinois-2021-HB2989-Engrossed.html

---

HB2989 Engrossed LRB102 10284 KMF 15611 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 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) this amendatory Act of the 99th General
Assembly and before the effective date of this amendatory Act
of the 102nd 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

HB2989 Engrossed - 2 - LRB102 10284 KMF 15611 b
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
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.
(a-5) On or after the effective date of this amendatory
Act of the 102nd 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

HB2989 Engrossed - 3 - LRB102 10284 KMF 15611 b
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
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

HB2989 Engrossed - 4 - LRB102 10284 KMF 15611 b
chooses not to make a statement, the court shall not
consider a lack of an expression of remorse as an
aggravating factor.
(b) Except as provided in subsection (c), 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.
(c) 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
category of persons identified therein, the court shall impose
a sentence of not less than 40 years of imprisonment. 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 included in
subsection (d) of Section 5-8-1.
(Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875,

HB2989 Engrossed - 5 - LRB102 10284 KMF 15611 b
eff. 1-1-17.)