Bill Text: IL SB2275 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012 and the Unified Code of Corrections. Changes and limits the aggravating factors for which a person convicted of first degree murder may be sentenced to death. Provides for aggravating factors in which a person may be sentenced to natural life imprisonment. Provides that some aggravating factors for which the defendant may have been sentenced to death before the effective date of the amendatory Act may only be considered in determining whether the defendant may be sentenced to natural life imprisonment. Repeals provision that abolishes the death penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2275 Detail]

Download: Illinois-2013-SB2275-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2275 Introduced 2/15/2013, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED:
720 ILCS 5/8-4 from Ch. 38, par. 8-4
720 ILCS 5/9-1 from Ch. 38, par. 9-1
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
725 ILCS 5/119-1 rep.
Amends the Criminal Code of 2012 and the Unified Code of Corrections. Changes and limits the aggravating factors for which a person convicted of first degree murder may be sentenced to death. Provides for aggravating factors in which a person may be sentenced to natural life imprisonment. Provides that some aggravating factors for which the defendant may have been sentenced to death before the effective date of the amendatory Act may only be considered in determining whether the defendant may be sentenced to natural life imprisonment. Repeals provision that abolishes the death penalty.
LRB098 09106 RLC 39243 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB2275 LRB098 09106 RLC 39243 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 Criminal Code of 2012 is amended by changing
Sections 8-4 and 9-1 as follows:
(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
Sec. 8-4. Attempt.
(a) Elements of the offense.
A person commits the offense of attempt when, with intent
to commit a specific offense, he or she does any act that
constitutes a substantial step toward the commission of that
offense.
(b) Impossibility.
It is not a defense to a charge of attempt that because of
a misapprehension of the circumstances it would have been
impossible for the accused to commit the offense attempted.
(c) Sentence.
A person convicted of attempt may be fined or imprisoned or
both not to exceed the maximum provided for the offense
attempted but, except for an attempt to commit the offense
defined in Section 33A-2 of this Code:
(1) the sentence for attempt to commit first degree
murder is the sentence for a Class X felony, except that

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(A) an attempt to commit first degree murder when
at least one of the aggravating factors specified in
paragraph paragraphs (1), (2), and (12) of subsection
(b) and in paragraph (1) of subsection (c) of Section
9-1 is present is a Class X felony for which the
sentence shall be a term of imprisonment of not less
than 20 years and not more than 80 years;
(B) an attempt to commit first degree murder while
armed with a firearm is a Class X felony for which 15
years shall be added to the term of imprisonment
imposed by the court;
(C) an attempt to commit first degree murder during
which the person personally discharged a firearm is a
Class X felony for which 20 years shall be added to the
term of imprisonment imposed by the court;
(D) an attempt to commit first degree murder during
which the person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person is a Class X felony for which 25 years
or up to a term of natural life shall be added to the
term of imprisonment imposed by the court; and
(E) if the defendant proves by a preponderance of
the evidence at sentencing that, at the time of the
attempted murder, he or she was acting under a sudden
and intense passion resulting from serious provocation

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by the individual whom the defendant endeavored to
kill, or another, and, had the individual the defendant
endeavored to kill died, the defendant would have
negligently or accidentally caused that death, then
the sentence for the attempted murder is the sentence
for a Class 1 felony;
(2) the sentence for attempt to commit a Class X felony
is the sentence for a Class 1 felony;
(3) the sentence for attempt to commit a Class 1 felony
is the sentence for a Class 2 felony;
(4) the sentence for attempt to commit a Class 2 felony
is the sentence for a Class 3 felony; and
(5) the sentence for attempt to commit any felony other
than those specified in items (1), (2), (3), and (4) of
this subsection (c) is the sentence for a Class A
misdemeanor.
(Source: P.A. 96-710, eff. 1-1-10.)
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree Murder - Death penalties -
Exceptions - Separate Hearings - Proof - Findings - Appellate
procedures - Reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing the
acts which cause the death:
(1) he either intends to kill or do great bodily harm

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to that individual or another, or knows that such acts will
cause death to that individual or another; or
(2) he knows that such acts create a strong probability
of death or great bodily harm to that individual or
another; or
(3) he is attempting or committing a forcible felony
other than second degree murder.
(b) Aggravating Factors; Death Penalty. A defendant who at
the time of the commission of the offense has attained the age
of 18 or more and who has been found guilty of first degree
murder may be sentenced to death if:
(1) the murdered individual was a peace officer or an
employee of an institution or facility of the Department of
Corrections, or any similar local correctional agency, or
fireman killed in the course of performing his or her
official duties, to prevent the performance of his or her
official duties, or in retaliation for performing his or
her official duties, and the defendant knew or should have
known that the murdered individual was a peace officer or
an employee of an institution or facility of the Department
of Corrections, or any similar local correctional agency or
fireman; or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, killed in the
course of performing his official duties, to prevent the

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performance of his official duties, or in retaliation for
performing his official duties, or the murdered individual
was an inmate at such institution or facility and was
killed on the grounds thereof, or the murdered individual
was otherwise present in such institution or facility with
the knowledge and approval of the chief administrative
officer thereof; or
(2) (3) the defendant has been convicted of murdering 2
two or more individuals under subsection (a) of this
Section or under any law of the United States or of any
state which is substantially similar to subsection (a) of
this Section regardless of whether the deaths occurred as
the result of the same act or of several related or
unrelated acts so long as the deaths were the result of
either an intent to kill more than one person or of
separate acts which the defendant knew would cause death or
create a strong probability of death or great bodily harm
to the murdered individual or another; or
(3) the murdered individual was under 12 years of age
and the death resulted from exceptionally brutal or heinous
behavior indicative of wanton cruelty; or
(4) the defendant committed the murder with intent to
prevent the murdered individual from testifying or
participating in any criminal investigation or prosecution
or giving material assistance to the State in any
investigation or prosecution, either against the defendant

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or another; or the defendant committed the murder because
the murdered individual was a witness in any prosecution or
gave material assistance to the State in any investigation
or prosecution, either against the defendant or another;
for purposes of this paragraph (4), "participating in any
criminal investigation or prosecution" is intended to
include those appearing in the proceedings in any capacity
such as trial judges, prosecutors, defense attorneys,
investigators, witnesses, or jurors.
(c) Aggravating Factors; Natural Life Imprisonment. A
defendant who at the time of the commission of the offense has
attained the age of 18 or more and who has been found guilty of
first degree murder may be sentenced to natural life
imprisonment if:
(1) the murdered individual was an inmate of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, and was killed on
the grounds thereof, or the murdered individual was
otherwise present in such institution or facility with the
knowledge and approval of the chief administrative officer
thereof; or
(2) (4) the murdered individual was killed as a result
of the hijacking of an airplane, train, ship, bus or other
public conveyance; or
(3) (5) the defendant committed the murder pursuant to
a contract, agreement or understanding by which he was to

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receive money or anything of value in return for committing
the murder or procured another to commit the murder for
money or anything of value; or
(4) (6) the murdered individual was killed in the
course of another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant, or
(ii) received physical injuries personally
inflicted by the defendant substantially
contemporaneously with physical injuries caused by
one or more persons for whose conduct the defendant
is legally accountable under Section 5-2 of this
Code, and the physical injuries inflicted by
either the defendant or the other person or persons
for whose conduct he or she is legally accountable
caused the death of the murdered individual; and
(b) in performing the acts which caused the death
of the murdered individual or which resulted in
physical injuries personally inflicted by the
defendant on the murdered individual under the
circumstances of subdivision (ii) of subparagraph (a)
of paragraph (4) (6) of subsection (c) (b) of this
Section, the defendant acted with the intent to kill
the murdered individual or with the knowledge that his
acts created a strong probability of death or great
bodily harm to the murdered individual or another; and

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(c) the other felony was an inherently violent
crime or the attempt to commit an inherently violent
crime. In this subparagraph (c), "inherently violent
crime" includes, but is not limited to, armed robbery,
robbery, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated
kidnapping, aggravated vehicular hijacking, aggravated
arson, aggravated stalking, residential burglary, and
home invasion; or
(7) the murdered individual was under 12 years of age
and the death resulted from exceptionally brutal or heinous
behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent to
prevent the murdered individual from testifying or
participating in any criminal investigation or prosecution
or giving material assistance to the State in any
investigation or prosecution, either against the defendant
or another; or the defendant committed the murder because
the murdered individual was a witness in any prosecution or
gave material assistance to the State in any investigation
or prosecution, either against the defendant or another;
for purposes of this paragraph (8), "participating in any
criminal investigation or prosecution" is intended to
include those appearing in the proceedings in any capacity
such as trial judges, prosecutors, defense attorneys,
investigators, witnesses, or jurors; or

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(5) (9) the defendant, while committing an offense
punishable under Sections 401, 401.1, 401.2, 405, 405.2,
407 or 407.1 or subsection (b) of Section 404 of the
Illinois Controlled Substances Act, or while engaged in a
conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(6) (10) the defendant was incarcerated in an
institution or facility of the Department of Corrections at
the time of the murder, and while committing an offense
punishable as a felony under Illinois law, or while engaged
in a conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(7) (11) the murder was committed in a cold, calculated
and premeditated manner pursuant to a preconceived plan,
scheme or design to take a human life by unlawful means,
and the conduct of the defendant created a reasonable
expectation that the death of a human being would result
therefrom; or
(8) (12) the murdered individual was an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, fireman, or other medical

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assistance or first aid personnel, employed by a
municipality or other governmental unit, killed in the
course of performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his 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, fireman, or
other medical assistance or first aid personnel; or
(9) (13) the defendant was a principal administrator,
organizer, or leader of a calculated criminal drug
conspiracy consisting of a hierarchical position of
authority superior to that of all other members of the
conspiracy, and the defendant counseled, commanded,
induced, procured, or caused the intentional killing of the
murdered person; or
(10) (14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section
torture means the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or
prolong the pain, suffering or agony of the victim; or
(11) (15) the murder was committed as a result of the
intentional discharge of a firearm by the defendant from a
motor vehicle and the victim was not present within the
motor vehicle; or

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(12) (16) the murdered individual was 60 years of age
or older and the death resulted from exceptionally brutal
or heinous behavior indicative of wanton cruelty; or
(13) (17) the murdered individual was a disabled person
and the defendant knew or should have known that the
murdered individual was disabled. For purposes of this
paragraph (17), "disabled person" means a person who
suffers from a permanent physical or mental impairment
resulting from disease, an injury, a functional disorder,
or a congenital condition that renders the person incapable
of adequately providing for his or her own health or
personal care; or
(14) (18) 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; or
(15) (19) the murdered individual was subject to an
order of protection and the murder was committed by a
person against whom the same order of protection was issued
under the Illinois Domestic Violence Act of 1986; or
(16) (20) the murdered individual was known by the
defendant to be a teacher or other person employed in any
school and the teacher or other employee is upon the
grounds of a school or grounds adjacent to a school, or is
in any part of a building used for school purposes; or
(17) (21) the murder was committed by the defendant in

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connection with or as a result of the offense of terrorism
as defined in Section 29D-14.9 of this Code; or .
(18) (b-5) Aggravating Factor; Natural Life
Imprisonment. A defendant who has been found guilty of
first degree murder and who at the time of the commission
of the offense had attained the age of 18 years or more may
be sentenced to natural life imprisonment if (i) the
murdered individual was: (i) a physician, physician
assistant, psychologist, nurse, or advanced practice
nurse, (ii) a person whom the defendant knew or should have
known that the murdered individual was a physician,
physician assistant, psychologist, nurse, or advanced
practice nurse, and (iii) the murdered individual was
killed in the course of acting in his or her capacity as a
physician, physician assistant, psychologist, nurse, or
advanced practice nurse, or to prevent him or her from
acting in that capacity, or in retaliation for his or her
acting in that capacity; or .
(19) the murdered individual was a public official and
was killed because of his or her status as a public
official. For purposes of this paragraph (19), "public
official" means a person who is elected to office in
accordance with a statute or who is appointed to an office
which is established, and the qualifications and duties of
which are prescribed, by statute, to discharge a public
duty for the State or any of its political subdivisions or

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in the case of an elective office any person who has filed
the required documents for nomination or election to such
office.
(d) (c) Consideration of factors in Aggravation and
Mitigation.
The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors
set forth in subsection (b). Mitigating factors may include but
need not be limited to the following:
(1) the defendant has no significant history of prior
criminal activity;
(2) the murder was committed while the defendant was
under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in the
defendant's homicidal conduct or consented to the
homicidal act;
(4) the defendant acted under the compulsion of threat
or menace of the imminent infliction of death or great
bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death;
(6) the defendant's background includes a history of

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extreme emotional or physical abuse;
(7) the defendant suffers from a reduced mental
capacity.
(e) (d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a
separate sentencing proceeding to determine the existence of
factors set forth in subsection (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
A. the defendant was convicted upon a plea of
guilty; or
B. the defendant was convicted after a trial before
the court sitting without a jury; or
C. the court for good cause shown discharges the
jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives a
jury for the separate proceeding.
(f) (e) Evidence and Argument.
During the proceeding any information relevant to any of
the factors set forth in subsection (b) may be presented by
either the State or the defendant under the rules governing the
admission of evidence at criminal trials. Any information

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relevant to any additional aggravating factors or any
mitigating factors indicated in subsection (c) may be presented
by the State or defendant regardless of its admissibility under
the rules governing the admission of evidence at criminal
trials. The State and the defendant shall be given fair
opportunity to rebut any information received at the hearing.
(g) (f) Proof.
The burden of proof of establishing the existence of any of
the factors set forth in subsection (b) is on the State and
shall not be satisfied unless established beyond a reasonable
doubt.
(h) (g) Procedure - Jury.
If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (b) exists,
the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury that
one or more of the factors set forth in subsection (b) exist,
the jury shall consider aggravating and mitigating factors as
instructed by the court and shall determine whether the
sentence of death shall be imposed. If the jury determines
unanimously, after weighing the factors in aggravation and
mitigation, that death is the appropriate sentence, the court
shall sentence the defendant to death. If the court does not
concur with the jury determination that death is the
appropriate sentence, the court shall set forth reasons in

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writing including what facts or circumstances the court relied
upon, along with any relevant documents, that compelled the
court to non-concur with the sentence. This document and any
attachments shall be part of the record for appellate review.
The court shall be bound by the jury's sentencing
determination.
If after weighing the factors in aggravation and
mitigation, one or more jurors determines that death is not the
appropriate sentence, the court shall sentence the defendant to
a term of imprisonment under Chapter V of the Unified Code of
Corrections.
(i) (h) Procedure - No Jury.
In a proceeding before the court alone, if the court finds
that none of the factors found in subsection (b) exists, the
court shall sentence the defendant to a term of imprisonment
under Chapter V of the Unified Code of Corrections.
If the Court determines that one or more of the factors set
forth in subsection (b) exists, the Court shall consider any
aggravating and mitigating factors as indicated in subsection
(c). If the Court determines, after weighing the factors in
aggravation and mitigation, that death is the appropriate
sentence, the Court shall sentence the defendant to death.
If the court finds that death is not the appropriate
sentence, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.

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(j) (h-5) Decertification as a capital case.
In a case in which the defendant has been found guilty of
first degree murder by a judge or jury, or a case on remand for
resentencing, and the State seeks the death penalty as an
appropriate sentence, on the court's own motion or the written
motion of the defendant, the court may decertify the case as a
death penalty case if the court finds that the only evidence
supporting the defendant's conviction is the uncorroborated
testimony of an informant witness, as defined in Section 115-21
of the Code of Criminal Procedure of 1963, concerning the
confession or admission of the defendant or that the sole
evidence against the defendant is a single eyewitness or single
accomplice without any other corroborating evidence. If the
court decertifies the case as a capital case under either of
the grounds set forth above, the court shall issue a written
finding. The State may pursue its right to appeal the
decertification pursuant to Supreme Court Rule 604(a)(1). If
the court does not decertify the case as a capital case, the
matter shall proceed to the eligibility phase of the sentencing
hearing.
(k) (i) Appellate Procedure.
The conviction and sentence of death shall be subject to
automatic review by the Supreme Court. Such review shall be in
accordance with rules promulgated by the Supreme Court. The
Illinois Supreme Court may overturn the death sentence, and
order the imposition of imprisonment under Chapter V of the

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Unified Code of Corrections if the court finds that the death
sentence is fundamentally unjust as applied to the particular
case. If the Illinois Supreme Court finds that the death
sentence is fundamentally unjust as applied to the particular
case, independent of any procedural grounds for relief, the
Illinois Supreme Court shall issue a written opinion explaining
this finding.
(l) (j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held to
be unconstitutional by the Supreme Court of the United States
or of the State of Illinois, any person convicted of first
degree murder shall be sentenced by the court to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
In the event that any death sentence pursuant to the
sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over a
person previously sentenced to death shall cause the defendant
to be brought before the court, and the court shall sentence
the defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections.
(m) (k) Guidelines for seeking the death penalty.
The Attorney General and State's Attorneys Association
shall consult on voluntary guidelines for procedures governing
whether or not to seek the death penalty. The guidelines do not

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have the force of law and are only advisory in nature.
(Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
Section 10. 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 (c) (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

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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
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
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

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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
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) 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

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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 -
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

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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
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

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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
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

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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).
(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.)
(725 ILCS 5/119-1 rep.)
Section 15. The Code of Criminal Procedure of 1963 is
amended by repealing Section 119-1.