Bill Text: IL HB5532 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: Amends the Unified Code of Corrections. Provides that a mandatory supervised release term shall not be imposed and shall not be written as part of the sentencing order for a Class 4 felony, other than for an offense that constitutes domestic violence as defined in the Illinois Domestic Violence Act of 1986.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5532 Detail]

Download: Illinois-2017-HB5532-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5532 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
Amends the Unified Code of Corrections. Provides that a mandatory supervised release term shall not be imposed and shall not be written as part of the sentencing order for a Class 4 felony, other than for an offense that constitutes domestic violence as defined in the Illinois Domestic Violence Act of 1986.
LRB100 16775 RLC 31915 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB5532 LRB100 16775 RLC 31915 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 5-8-1 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
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, subject

HB5532 - 2 - LRB100 16775 RLC 31915 b
to Section 5-4.5-105, to a term of natural life
imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than one
victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
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

HB5532 - 3 - LRB100 16775 RLC 31915 b
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
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), 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

HB5532 - 4 - LRB100 16775 RLC 31915 b
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 -
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 who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted under the circumstances described in subdivision

HB5532 - 5 - LRB100 16775 RLC 31915 b
(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 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, if required by
this subsection (d), 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

HB5532 - 6 - LRB100 16775 RLC 31915 b
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;
(3.5) for a Class 4 felony which constitutes an offense
involving domestic violence as defined in Section 103 of
the Illinois Domestic Violence Act of 1986, other than an
offense listed in paragraph (6) of this subsection (d), one
year;
(4) for defendants who commit the offense of predatory
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

HB5532 - 7 - LRB100 16775 RLC 31915 b
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 monitoring or 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.
A mandatory supervised release term shall not be imposed
and shall not be written as part of the sentencing order for a
Class 4 felony, other than for an offense listed in this
subsection (d).
(e) (Blank).
(f) (Blank).
(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431,
eff. 8-25-17.)