103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3324
 
Introduced , by Rep. Justin Slaughter
 
SYNOPSIS AS INTRODUCED:



    
720 ILCS 5/8-4 from Ch. 38, par. 8-4
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1

 Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that specified firearm sentencing enhancements are discretionary.



LRB103 30248 RLC 56676 b


 
 
A BILL FOR
 


HB3324LRB103 30248 RLC 56676 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by 
5changing Section 8-4 as follows:




6 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)


7 Sec. 8-4. Attempt. 

8 (a) Elements of the offense.

9 A person commits the offense of attempt when, with intent 
10to commit a specific
offense, he or she does any act that 
11constitutes a substantial step toward the
commission of that 
12offense.

13 (b) Impossibility.

14 It is not a defense to a charge of attempt that because of 
15a
misapprehension of the circumstances it would have been 
16impossible for
the accused to commit the offense attempted.

17 (c) Sentence.

18 A person convicted of attempt may be fined or imprisoned 
19or both
not to exceed the maximum provided for the offense 
20attempted but, except
for an attempt to commit the offense 
21defined in Section 33A-2 of this Code:



22  (1) the sentence for attempt to commit first degree 
23 murder is the
sentence for a Class X felony, except that


 
 
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1   (A) an attempt to commit first
degree murder when 
2 at least one of the aggravating factors specified in

3 paragraphs (1), (2), and (12) of subsection (b) of 
4 Section 9-1 is present is
a Class X felony for which 
5 the sentence shall be a term of imprisonment of
not 
6 less than 20 years and not more than 80 years;


7   (B) an attempt to commit first degree murder while 
8 armed with a
firearm is a Class X felony for which 15 
9 years may shall be added to the term of
imprisonment 
10 imposed by the court;


11   (C) an attempt to commit first degree murder 
12 during which the person
personally discharged a 
13 firearm is a Class X felony for which 20 years may

14 shall be added to the term of imprisonment imposed by 
15 the court;


16   (D) an attempt to commit first degree murder 
17 during which the person
personally discharged a 
18 firearm that proximately caused great bodily harm,

19 permanent disability, permanent disfigurement, or 
20 death to
another person is a Class X felony for which 
21 25 years or up to a term of
natural life may shall be 
22 added to the term of imprisonment imposed by the 
23 court; and

24   (E) if the defendant proves by a preponderance of 
25 the evidence at sentencing that, at the time of the 
26 attempted murder, he or she was acting under a sudden 
 
 
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1 and intense passion resulting from serious provocation 
2 by the individual whom the defendant endeavored to 
3 kill, or another, and, had the individual the 
4 defendant endeavored to kill died, the defendant would 
5 have negligently or accidentally caused that death, 
6 then the sentence for the attempted murder is the 
7 sentence for a Class 1 felony; 

8  (2) the sentence for attempt to commit a Class X 
9 felony is the sentence
for a Class 1 felony;


10  (3) the sentence for attempt to commit a Class 1 
11 felony is the sentence
for a Class 2 felony;


12  (4) the sentence for attempt to commit a Class 2 
13 felony is the sentence
for a Class 3 felony; and


14  (5) the sentence for attempt to commit any felony 
15 other than those
specified in items (1), (2), (3), and (4) 
16 of this subsection (c) is
the sentence for a Class A 
17 misdemeanor.

18(Source: P.A. 96-710, eff. 1-1-10.)


19 Section 10. The Unified Code of Corrections is amended by 
20changing Section 5-8-1 as follows:



21 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

22 Sec. 5-8-1. Natural life imprisonment; enhancements for 
23use of a firearm; mandatory supervised release terms. 

24 (a) Except as otherwise provided in the statute defining 
 
 
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1the offense or in Article 4.5 of Chapter V, a
sentence of 
2imprisonment for a felony shall be a determinate sentence set 
3by
the court under this Section, subject to Section 5-4.5-115 
4of this Code, according to the following limitations:

5  (1) for first degree murder,

6   (a) (blank),

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

8 doubt that the murder was accompanied by exceptionally

9 brutal or heinous behavior indicative of wanton 
10 cruelty or, except as set forth
in subsection 
11 (a)(1)(c) of this Section, that any of the aggravating 
12 factors
listed in subsection (b) or (b-5) of Section 
13 9-1 of the Criminal Code of 1961 or the Criminal Code 
14 of 2012 are
present, the court may sentence the 
15 defendant, subject to Section 5-4.5-105, to a term of 
16 natural life
imprisonment, or

17   (c) the court shall sentence the defendant to a 
18 term of natural life
imprisonment if the defendant, at 
19 the time of the commission of the murder, had attained 
20 the age of 18, and: 

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

23    (ii) is found guilty of murdering more
than 
24 one victim, or

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

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

18 official duties, or

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

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

9    (vi) (blank), or

10    (vii) is found guilty of first degree murder 
11 and the murder was
committed by reason of any 
12 person's activity as a community policing 
13 volunteer
or to prevent any person from engaging 
14 in activity as a community policing
volunteer. For 
15 the purpose of this Section, "community policing 
16 volunteer"
has the meaning ascribed to it in 
17 Section 2-3.5 of the Criminal Code of 2012.

18   For purposes of clause (v), "emergency medical 
19 technician - ambulance",
"emergency medical technician -
20  intermediate", "emergency medical technician -

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

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

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

4   (iii) if, during the commission of the offense, 
5 the person
personally discharged a firearm that 
6 proximately caused great bodily harm,
permanent 
7 disability, permanent disfigurement, or death to 
8 another person, 25
years or up to a term of natural 
9 life may shall be added to the term of
imprisonment 
10 imposed by the court.

11  (2) (blank);

12  (2.5) for a person who has attained the age of 18 years

13 at the time of the commission of the offense and
who is 
14 convicted under the circumstances described in subdivision 
15 (b)(1)(B) of Section 11-1.20 or
paragraph (3) of 
16 subsection (b) of Section 12-13, subdivision (d)(2) of 
17 Section 11-1.30 or paragraph (2) of subsection
(d) of 
18 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or 
19 paragraph (1.2) of subsection (b) of
Section 12-14.1, 
20 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of 
21 subsection (b) of Section 12-14.1
of the Criminal Code of 
22 1961 or the Criminal Code of 2012, the sentence shall be a 
23 term of natural life
imprisonment.

24 (b) (Blank).

25 (c) (Blank).

26 (d) Subject to
earlier termination under Section 3-3-8, 
 
 
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1the parole or mandatory
supervised release term shall be 
2written as part of the sentencing order and shall be as 
3follows:

4  (1) for first degree murder or for the offenses of 
5 predatory criminal sexual assault of a child, aggravated 
6 criminal sexual assault, and criminal sexual assault if 
7 committed on or before December 12, 2005, 3 years;

8  (1.5) except as provided in paragraph (7) of this 
9 subsection (d), for a Class X felony except for the 
10 offenses of predatory criminal sexual assault of a child, 
11 aggravated criminal sexual assault, and criminal sexual 
12 assault if committed on or after December 13, 2005 (the 
13 effective date of Public Act 94-715) and except for the 
14 offense of aggravated child pornography under Section 
15 11-20.1B, 11-20.3, or 11-20.1 with sentencing under 
16 subsection (c-5) of Section 11-20.1 of the Criminal Code 
17 of 1961 or the Criminal Code of 2012, if committed on or 
18 after January 1, 2009, 18 months; 
19  (2) except as provided in paragraph (7) of this 
20 subsection (d), for a Class 1 felony or a Class 2 felony 
21 except for the offense of criminal sexual assault if 
22 committed on or after December 13, 2005 (the effective 
23 date of Public Act 94-715) and except for the offenses of 
24 manufacture and dissemination of child pornography under 
25 clauses (a)(1) and (a)(2) of Section 11-20.1 of the 
26 Criminal Code of 1961 or the Criminal Code of 2012, if 
 
 
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1 committed on or after January 1, 2009, 12 months;

2  (3) except as provided in paragraph (4), (6), or (7) 
3 of this subsection (d), for a Class 3 felony or a Class 4 
4 felony, 6 months; no later than 45 days after the onset of 
5 the term of mandatory supervised release, the Prisoner 
6 Review Board shall conduct a discretionary discharge 
7 review pursuant to the provisions of Section 3-3-8, which 
8 shall include the results of a standardized risk and needs 
9 assessment tool administered by the Department of 
10 Corrections; the changes to this paragraph (3) made by 
11 this amendatory Act of the 102nd General Assembly apply to 
12 all individuals released on mandatory supervised release 
13 on or after the effective date of this amendatory Act of 
14 the 102nd General Assembly, including those individuals 
15 whose sentences were imposed prior to the effective date 
16 of this amendatory Act of the 102nd General Assembly;

17  (4) for defendants who commit the offense of predatory 
18 criminal sexual assault of a child, aggravated criminal 
19 sexual assault, or criminal sexual assault, on or after 
20 December 13, 2005 (the effective date of Public Act 
21 94-715), or who commit the offense of aggravated child 
22 pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
23 with sentencing under subsection (c-5) of Section 11-20.1 
24 of the Criminal Code of 1961 or the Criminal Code of 2012, 
25 manufacture of child pornography, or dissemination of 
26 child pornography after January 1, 2009, the term of 
 
 
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1 mandatory supervised release shall range from a minimum of 
2 3 years to a maximum of the natural life of the defendant;

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

7 electronic monitoring or home detention program under 
8 Article 8A of Chapter V of this Code;

9  (6) for a felony domestic battery, aggravated domestic 
10 battery, stalking, aggravated stalking, and a felony 
11 violation of an order of protection, 4 years; 
12  (7) for any felony described in paragraph (a)(2)(ii), 
13 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), 
14 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section 
15 3-6-3 of the Unified Code of Corrections requiring an 
16 inmate to serve a minimum of 85% of their court-imposed 
17 sentence, except for the offenses of predatory criminal 
18 sexual assault of a child, aggravated criminal sexual 
19 assault, and criminal sexual assault if committed on or 
20 after December 13, 2005 (the effective date of Public Act 
21 94-715) and except for the offense of aggravated child 
22 pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
23 with sentencing under subsection (c-5) of Section 11-20.1 
24 of the Criminal Code of 1961 or the Criminal Code of 2012, 
25 if committed on or after January 1, 2009 and except as 
26 provided in paragraph (4) or paragraph (6) of this 
 
 
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1 subsection (d), the term of mandatory supervised release 
2 shall be as follows:
3   (A) Class X felony, 3 years;
4   (B) Class 1 or Class 2 felonies, 2 years;
5   (C) Class 3 or Class 4 felonies, 1 year. 
6 (e) (Blank).

7 (f) (Blank).

8 (g) Notwithstanding any other provisions of this Act and 
9of Public Act 101-652: (i) the provisions of paragraph (3) of 
10subsection (d) are effective on July 1, 2022 and shall apply to 
11all individuals convicted on or after the effective date of 
12paragraph (3) of subsection (d); and (ii) the provisions of 
13paragraphs (1.5) and (2) of subsection (d) are effective on 
14July 1, 2021 and shall apply to all individuals convicted on or 
15after the effective date of paragraphs (1.5) and (2) of 
16subsection (d).
17(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; 
18102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. 
191-7-22; 102-1104, eff. 12-6-22.)