Sen. William R. Haine
Filed: 3/4/2014
 
 


 




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1
AMENDMENT TO SENATE BILL 1008 




2 AMENDMENT NO. ______. Amend Senate Bill 1008 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Unified Code of Corrections is amended by 
5changing Sections 3-3-2, 3-3-13, 5-4.5-20, and 5-8-1 as 
6follows:




7 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)


8 Sec. 3-3-2. Powers and Duties. 

9 (a) The Parole and Pardon Board is abolished and the term 
10"Parole and
Pardon Board" as used in any law of Illinois, shall 
11read "Prisoner Review
Board." After the effective date of this 
12amendatory Act of 1977, the
Prisoner Review Board shall provide 
13by rule for the orderly transition of
all files, records, and 
14documents of the Parole and Pardon Board and for
such other 
15steps as may be necessary to effect an orderly transition and 
16shall:


 
 
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1  (1) hear by at least one member and through a panel of 
2 at least 3 members
decide, cases of prisoners
who were 
3 sentenced under the law in effect prior to the effective

4 date of this amendatory Act of 1977, and who are eligible 
5 for parole;


6  (2) hear by at least one member and through a panel of 
7 at least 3 members decide, the conditions of
parole and the 
8 time of discharge from parole, impose sanctions for

9 violations of parole, and revoke
parole for those sentenced 
10 under the law in effect prior to this amendatory
Act of 
11 1977; provided that the decision to parole and the 
12 conditions of
parole for all prisoners who were sentenced 
13 for first degree murder or who
received a minimum sentence 
14 of 20 years or more under the law in effect
prior to 
15 February 1, 1978 shall be determined by a majority vote of 
16 the
Prisoner Review Board. One representative supporting 
17 parole and one representative opposing parole will be 
18 allowed to speak. Their comments shall be limited to making 
19 corrections and filling in omissions to the Board's 
20 presentation and discussion;


21  (3) hear by at least one member and through a panel of 
22 at least 3 members decide, the conditions
of mandatory 
23 supervised release and the time of discharge from mandatory

24 supervised release, impose sanctions for violations of 
25 mandatory
supervised release, and revoke mandatory 
26 supervised release for those
sentenced under the law in 
 
 
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1 effect after the effective date of this
amendatory Act of 
2 1977;

3  (3.5) hear by at least one member and through a panel 
4 of at least 3 members decide, the conditions of mandatory 
5 supervised release and the time of discharge from mandatory 
6 supervised release, to impose sanctions for violations of 
7 mandatory supervised release and revoke mandatory 
8 supervised release for those serving extended supervised 
9 release terms pursuant to paragraph (4) of subsection (d) 
10 of Section 5-8-1;

11  (3.6) hear by at least one member and through a panel 
12 of at least 3 members decide, the time of aftercare 
13 release, the conditions of aftercare release and the time 
14 of discharge from aftercare release, impose sanctions for 
15 violations of aftercare release, and revoke aftercare 
16 release for those adjudicated delinquent under the 
17 Juvenile Court Act of 1987; 

18  (4) hear by at least one member and through a panel of 
19 at least 3
members,
decide cases brought by the Department 
20 of Corrections against a prisoner in
the custody of the 
21 Department for alleged violation of Department rules
with 
22 respect to sentence credits under Section 3-6-3 of this 
23 Code
in which the Department seeks to revoke sentence 
24 credits, if the amount
of time at issue exceeds 30 days or 
25 when, during any 12 month period, the
cumulative amount of 
26 credit revoked exceeds 30 days except where the
infraction 
 
 
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1 is committed or discovered within 60 days of scheduled 
2 release.
In such cases, the Department of Corrections may 
3 revoke up to 30 days of
sentence credit. The Board may 
4 subsequently approve the revocation of
additional sentence 
5 credit, if the Department seeks to revoke sentence credit 
6 in excess of thirty days. However, the Board shall not be

7 empowered to review the Department's decision with respect 
8 to the loss of
30 days of sentence credit for any prisoner 
9 or to increase any penalty
beyond the length requested by 
10 the Department;


11  (5) hear by at least one member and through a panel of 
12 at least 3
members decide, the
release dates for certain 
13 prisoners sentenced under the law in existence
prior to the 
14 effective date of this amendatory Act of 1977, in

15 accordance with Section 3-3-2.1 of this Code;


16  (6) hear by at least one member and through a panel of 
17 at least 3 members
decide, all requests for pardon, 
18 reprieve or commutation, and make confidential

19 recommendations to the Governor;


20  (7) comply with the requirements of the Open Parole 
21 Hearings Act;


22  (8) hear by at least one member and, through a panel of 
23 at least 3
members, decide cases brought by the Department 
24 of Corrections against a
prisoner in the custody of the 
25 Department for court dismissal of a frivolous
lawsuit 
26 pursuant to Section 3-6-3(d) of this Code in which the 
 
 
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1 Department seeks
to revoke up to 180 days of sentence 
2 credit, and if the prisoner has not
accumulated 180 days of 
3 sentence credit at the time of the dismissal, then
all 
4 sentence credit accumulated by the prisoner shall be 
5 revoked;


6  (9) hear by at least 3 members, and, through a panel of 
7 at least 3
members, decide whether to grant certificates of 
8 relief from
disabilities or certificates of good conduct as 
9 provided in Article 5.5 of
Chapter V;
10  (10) upon a petition by a person who has been convicted 
11 of a Class 3 or Class 4 felony and who meets the 
12 requirements of this paragraph, hear by at least 3 members 
13 and, with the unanimous vote of a panel of 3 members, issue 
14 a certificate of eligibility for sealing recommending that 
15 the court order the sealing of all official
records of the 
16 arresting authority, the circuit court clerk, and the 
17 Department of State Police concerning the arrest and 
18 conviction for the Class 3 or 4 felony. A person may not 
19 apply to the Board for a certificate of eligibility for 
20 sealing:
21   (A) until 5 years have elapsed since the expiration 
22 of his or her sentence;
23   (B) until 5 years have elapsed since any arrests or 
24 detentions by a law enforcement officer for an alleged 
25 violation of law, other than a petty offense, traffic 
26 offense, conservation offense, or local ordinance 
 
 
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1 offense;
2   (C) if convicted of a violation of the Cannabis 
3 Control Act, Illinois Controlled Substances Act, the 
4 Methamphetamine Control and Community Protection Act, 
5 the Methamphetamine Precursor Control Act, or the 
6 Methamphetamine Precursor Tracking Act unless the 
7 petitioner has completed a drug abuse program for the 
8 offense on which sealing is sought and provides proof 
9 that he or she has completed the program successfully;
10   (D) if convicted of:
11    (i) a sex offense described in Article 11 or 
12 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of 
13 the Criminal Code of 1961 or the Criminal Code of 
14 2012;
15    (ii) aggravated assault;
16    (iii) aggravated battery;
17    (iv) domestic battery;
18    (v) aggravated domestic battery;
19    (vi) violation of an order of protection;
20    (vii) an offense under the Criminal Code of 
21 1961 or the Criminal Code of 2012 involving a 
22 firearm; 
23    (viii) driving while under the influence of 
24 alcohol, other drug or drugs, intoxicating 
25 compound or compounds or any combination thereof;
26    (ix) aggravated driving while under the 
 
 
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1 influence of alcohol, other drug or drugs, 
2 intoxicating compound or compounds or any 
3 combination thereof; or
4    (x) any crime defined as a crime of violence 
5 under Section 2 of the Crime Victims Compensation 
6 Act.
7  If a person has applied to the Board for a certificate 
8 of eligibility for sealing and the Board denies the 
9 certificate, the person must wait at least 4 years before 
10 filing again or filing for pardon from the Governor unless 
11 the Chairman of the Prisoner Review Board grants a waiver.
12  The decision to issue or refrain from issuing a 
13 certificate of eligibility for sealing shall be at the 
14 Board's sole discretion, and shall not give rise to any 
15 cause of action against either the Board or its members.
16  The Board may only authorize the sealing of Class 3 and 
17 4 felony convictions of the petitioner from one information 
18 or indictment under this paragraph (10). A petitioner may 
19 only receive one certificate of eligibility for sealing 
20 under this provision for life; and

21  (11) upon a petition by a person who after having been 
22 convicted of a Class 3 or Class 4 felony thereafter served 
23 in the United States Armed Forces or National Guard of this 
24 or any other state and had received an honorable discharge 
25 from the United States Armed Forces or National Guard or 
26 who at the time of filing the petition is enlisted in the 
 
 
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1 United States Armed Forces or National Guard of this or any 
2 other state and served one tour of duty and who meets the 
3 requirements of this paragraph, hear by at least 3 members 
4 and, with the unanimous vote of a panel of 3 members, issue 
5 a certificate of eligibility for expungement recommending 
6 that the court order the expungement of all official

7 records of the arresting authority, the circuit court 
8 clerk, and the Department of State Police concerning the 
9 arrest and conviction for the Class 3 or 4 felony. A person 
10 may not apply to the Board for a certificate of eligibility 
11 for expungement:
12   (A) if convicted of:
13    (i) a sex offense described in Article 11 or 
14 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of 
15 the Criminal Code of 1961 or Criminal Code of 2012;
16    (ii) an offense under the Criminal Code of 1961 
17 or Criminal Code of 2012 involving a firearm; or
18    (iii) a crime of violence as defined in Section 
19 2 of the Crime Victims Compensation Act; or
20   (B) if the person has not served in the United 
21 States Armed Forces or National Guard of this or any 
22 other state or has not received an honorable discharge 
23 from the United States Armed Forces or National Guard 
24 of this or any other state or who at the time of the 
25 filing of the petition is serving in the United States 
26 Armed Forces or National Guard of this or any other 
 
 
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1 state and has not completed one tour of duty.
2  If a person has applied to the Board for a certificate 
3 of eligibility for expungement and the Board denies the 
4 certificate, the person must wait at least 4 years before 
5 filing again or filing for a pardon with authorization for 
6 expungement from the Governor unless the Governor or 
7 Chairman of the Prisoner Review Board grants a waiver; and 
8 . 
9  (12) if and only if the Illinois Supreme Court 
10 determines the sentencing requirements set forth by the 
11 United States Supreme Court in Miller v. Alabama, 132 S. 
12 Ct. 2455 (2012), are to be applied retroactively, hear and 
13 decide commutation, as provided in this paragraph, of a 
14 prisoner serving a sentence of natural life imprisonment if 
15 the prisoner was under 18 years of age at the time of the 
16 commission of the offense, and make confidential 
17 recommendations to the Governor. Notice of the hearing 
18 shall be given to the committing court, the State's 
19 Attorney of
the county where the conviction was had, and 
20 victim representative. At the hearing the prisoner may be 
21 represented by counsel. If the Board, by a majority vote of 
22 the full Board, determines that the sentencing 
23 requirements of Miller v. Alabama apply to the prisoner, 
24 the Board shall consider the following factors in 
25 recommending to the Governor the time to be served by the 
26 prisoner that the Board deems appropriate:
 
 
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1   (A) the prisoner's chronological age and its 
2 hallmark features, among them, immaturity, 
3 impetuosity, and failure to appreciate risks and 
4 consequences at the time of the commission of the 
5 offense;
6   (B) the prisoner's family and home environment 
7 that surrounds him or her;
8   (C) the circumstances of the homicide offense, 
9 including the extent of the prisoner's participation 
10 in the conduct and the way familial and peer pressures 
11 may have affected the prisoner;
12   (D) whether the prisoner might have been charged 
13 and convicted of a lesser offense if not for 
14 incompetencies associated with youth, for example, his 
15 or her inability to deal with police officers or 
16 prosecutors (including on a plea agreement) or his or 
17 her incapacity to assist his or her own attorneys; and
18   (E) whether natural life imprisonment disregards 
19 the possibility of rehabilitation even when the 
20 circumstances most suggest it. 
21 After hearing and full consideration of the above factors 
22the Board may, by a majority vote of the full Board, 
23confidentially recommend to the Governor:
24  (i) the sentence of natural life imprisonment imposed 
25 by the court to remain in effect;
26  (ii) commutation of sentence to a set term less than 
 
 
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1 natural life; or
2  (iii) commutation of sentence to time served; and
3  (iv) if commutation is recommended any condition, 
4 including a term of mandatory supervised release upon 
5 release, the Board thinks proper.
6 The Governor shall decide each Board submitted prisoner 
7commutation application and communicate his or her decision to 
8the Board which shall notify the prisoner. 
9 In the event a prisoner is granted a release, after the 
10Governor has communicated this decision to the Board, the Board 
11shall give written notice to the sheriff of the county from 
12which the offender was sentenced if the sheriff has requested 
13that clemency notice be given on a continuing basis. In cases 
14where arrest of the offender or the commission of the offense 
15took place in any municipality with a population of more than 
1610,000 persons, the Board shall also give written notice to the 
17proper law enforcement agency for the municipality which has 
18requested clemency notice on a continuing basis. 
19 This paragraph (12) only applies to prisoners to whom 
20Miller v. Alabama applies retroactively on the date of the 
21Illinois Supreme Court decision. 
22 The Governor may delegate his or her authority to commute 
23the sentence of a prisoner described in this paragraph (12) to 
24the Board on any terms as he or she thinks proper. 
25 (a-5) The Prisoner Review Board, with the cooperation of 
26and in
coordination with the Department of Corrections and the 
 
 
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1Department of Central
Management Services, shall implement a 
2pilot project in 3 correctional
institutions providing for the 
3conduct of hearings under paragraphs (1) and
(4)
of subsection 
4(a) of this Section through interactive video conferences.
The

5project shall be implemented within 6 months after the 
6effective date of this
amendatory Act of 1996. Within 6 months 
7after the implementation of the pilot
project, the Prisoner 
8Review Board, with the cooperation of and in coordination
with 
9the Department of Corrections and the Department of Central 
10Management
Services, shall report to the Governor and the 
11General Assembly regarding the
use, costs, effectiveness, and 
12future viability of interactive video
conferences for Prisoner 
13Review Board hearings.

14 (b) Upon recommendation of the Department the Board may 
15restore sentence credit previously revoked.

16 (c) The Board shall cooperate with the Department in 
17promoting an
effective system of parole, aftercare release, and 
18mandatory supervised release.

19 (d) The Board shall promulgate rules for the conduct of its 
20work,
and the Chairman shall file a copy of such rules and any 
21amendments
thereto with the Director and with the Secretary of 
22State.

23 (e) The Board shall keep records of all of its official 
24actions and
shall make them accessible in accordance with law 
25and the rules of the
Board.

26 (f) The Board or one who has allegedly violated the 
 
 
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1conditions of
his or her parole, aftercare release, or 
2mandatory supervised release may require by subpoena the

3attendance and testimony of witnesses and the production of 
4documentary
evidence relating to any matter under 
5investigation or hearing. The
Chairman of the Board may sign 
6subpoenas which shall be served by any
agent or public official 
7authorized by the Chairman of the Board, or by
any person 
8lawfully authorized to serve a subpoena under the laws of the

9State of Illinois. The attendance of witnesses, and the 
10production of
documentary evidence, may be required from any 
11place in the State to a
hearing location in the State before 
12the Chairman of the Board or his or her
designated agent or 
13agents or any duly constituted Committee or
Subcommittee of the 
14Board. Witnesses so summoned shall be paid the same
fees and 
15mileage that are paid witnesses in the circuit courts of the

16State, and witnesses whose depositions are taken and the 
17persons taking
those depositions are each entitled to the same 
18fees as are paid for
like services in actions in the circuit 
19courts of the State. Fees and
mileage shall be vouchered for 
20payment when the witness is discharged
from further attendance.

21 In case of disobedience to a subpoena, the Board may 
22petition any
circuit court of the State for an order requiring 
23the attendance and
testimony of witnesses or the production of 
24documentary evidence or
both. A copy of such petition shall be 
25served by personal service or by
registered or certified mail 
26upon the person who has failed to obey the
subpoena, and such 
 
 
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1person shall be advised in writing that a hearing
upon the 
2petition will be requested in a court room to be designated in

3such notice before the judge hearing motions or extraordinary 
4remedies
at a specified time, on a specified date, not less 
5than 10 nor more than
15 days after the deposit of the copy of 
6the written notice and petition
in the U.S. mails addressed to 
7the person at his last known address or
after the personal 
8service of the copy of the notice and petition upon
such 
9person. The court upon the filing of such a petition, may order 
10the
person refusing to obey the subpoena to appear at an 
11investigation or
hearing, or to there produce documentary 
12evidence, if so ordered, or to
give evidence relative to the 
13subject matter of that investigation or
hearing. Any failure to 
14obey such order of the circuit court may be
punished by that 
15court as a contempt of court.

16 Each member of the Board and any hearing officer designated 
17by the
Board shall have the power to administer oaths and to 
18take the testimony
of persons under oath.

19 (g) Except under subsection (a) of this Section, a majority 
20of the
members then appointed to the Prisoner Review Board 
21shall constitute a
quorum for the transaction of all business 
22of the Board.

23 (h) The Prisoner Review Board shall annually transmit to 
24the
Director a detailed report of its work for the preceding 
25calendar year.
The annual report shall also be transmitted to 
26the Governor for
submission to the Legislature.

 
 
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1(Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13; 
297-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff. 
31-1-14; revised 8-28-13.)





4 (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)



5 Sec. 3-3-13. Procedure for Executive Clemency. 

6 (a) Petitions seeking pardon, commutation, or reprieve 
7shall be
addressed to the Governor and filed with the Prisoner 
8Review
Board. The petition shall be in writing and signed by 
9the
person under conviction or by a person on his behalf. It 
10shall
contain a brief history of the case, the reasons for 
11seeking
executive clemency, and other relevant information the 
12Board may require.

13 (a-5) After a petition has been denied by the Governor, the 
14Board may not
accept a repeat petition for executive clemency 
15for the same person until one
full year has elapsed from the 
16date of the denial. The Chairman of the Board
may waive the 
17one-year requirement if the petitioner offers in writing
new 
18information that was unavailable to the petitioner at the time

19of the filing of the prior petition and which the Chairman 
20determines to be
significant. The Chairman also may waive the 
21one-year
waiting period if the petitioner can show that a 
22change in circumstances of a
compelling humanitarian nature has 
23arisen since the denial of the prior
petition.

24 (b) Notice of the proposed application shall be given by

25the Board to the committing court and the state's attorney of

 
 
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1the county where the conviction was had.

2 (c) The Board shall, if requested and upon due notice,
give 
3a hearing to each application, allowing representation by

4counsel, if desired, after which it shall confidentially
advise 
5the Governor by a written report of its recommendations
which 
6shall be determined by majority vote. The Board shall
meet to 
7consider such petitions no less than 4 times each
year.

8 Application for executive clemency under this Section may 
9not be commenced
on behalf of a person who has been sentenced 
10to death without the written
consent of the defendant, unless 
11the defendant, because of a mental or
physical condition, is 
12incapable of asserting his or her own claim.

13 (d) The Governor shall decide each application and

14communicate his decision to the Board which shall notify the

15petitioner.

16 In the event a petitioner who has been convicted of a Class 
17X felony is
granted a release, after the Governor has 
18communicated such decision to
the Board, the Board shall give 
19written notice to the Sheriff of the county
from which the 
20offender was sentenced if such sheriff has requested that
such 
21notice be given on a continuing basis. In cases where arrest of 
22the
offender or the commission of the offense took place in any 
23municipality
with a population of more than 10,000 persons, the 
24Board shall also give
written notice to the proper law 
25enforcement agency for said municipality
which has requested 
26notice on a continuing basis.

 
 
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1 (d-5) If and only if the Illinois Supreme Court determines 
2the sentencing requirements set forth by the United States 
3Supreme Court in Miller v. Alabama, 132 S. Ct. 2455 (2012), are 
4to be applied retroactively, then the Prisoner Review Board may 
5consider, without a petition, commutation of a prisoner serving 
6a sentence of natural life imprisonment if the prisoner was 
7under 18 years of age at the time of the commission of the 
8offense and the Board, by a majority vote of the full Board, 
9determines the sentencing requirements of Miller v. Alabama 
10applies to the prisoner. The Board shall conduct a hearing and 
11make recommendations to the Governor as provided in paragraph 
12(12) of subsection (g) of Section 3-3-2 of this Code. 
13 (e) Nothing in this Section shall be construed to limit the 
14power of the
Governor under the constitution to grant a 
15reprieve, commutation of sentence,
or pardon.

16(Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)


17 (730 ILCS 5/5-4.5-20)
18 Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first 
19degree murder:
20 (a) TERM. The defendant shall be sentenced to imprisonment 
21or, if appropriate, death under Section 9-1 of the Criminal 
22Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). 
23Imprisonment shall be for a determinate term of (1) not less 
24than 20 years and not more than 60 years; (2) not less than 60 
25years and not more than 100 years as provided in subsection 
 
 
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1(c-5) of Section 5-8-1 (730 ILCS 5/5-8-1) or when an extended 
2term is imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) 
3natural life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).

4 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
5shall not be imposed.

6 (c) IMPACT INCARCERATION. The impact incarceration program 
7or the county impact incarceration program is not an authorized 
8disposition.

9 (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
10probation or conditional discharge shall not be imposed.

11 (e) FINE. Fines may be imposed as provided in Section 
125-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

13 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
14concerning restitution.

15 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
16be concurrent or consecutive as provided in Section 5-8-4 (730 
17ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

18 (h) DRUG COURT. Drug court is not an authorized 
19disposition.

20 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
21ILCS 5/5-4.5-100) concerning no credit for time spent in home 
22detention prior to judgment.

23 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
24for rules and regulations for sentence credit.

25 (k) ELECTRONIC HOME DETENTION. Electronic home detention 
26is not an authorized disposition, except in limited 
 
 
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1circumstances as provided in Section 5-8A-3 (730 ILCS 
25/5-8A-3).

3 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
4provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or 
5mandatory supervised release term shall be 3 years upon release 
6from imprisonment.


7(Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)



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


9 Sec. 5-8-1. Natural life imprisonment; enhancements for 
10use of a firearm; mandatory supervised release terms. 

11 (a) Except as otherwise provided in the statute defining 
12the offense or in Article 4.5 of Chapter V, a
sentence of 
13imprisonment for a felony shall be a determinate sentence set 
14by
the court under this Section, according to the following 
15limitations:


16  (1) for first degree murder,


17   (a) (blank),


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

19 doubt that the murder was accompanied by exceptionally

20 brutal or heinous behavior indicative of wanton 
21 cruelty or, except as set forth
in subsection (a)(1)(c) 
22 of this Section, that any of the aggravating factors

23 listed in subsection (b) or (b-5) of Section 9-1 of the 
24 Criminal Code of 1961 or the Criminal Code of 2012 are

25 present, the court may sentence the defendant to a term 
 
 
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1 of natural life
imprisonment, or


2   (c) the court shall sentence the defendant to a 
3 term of natural life
imprisonment when the death 
4 penalty is not imposed if the defendant,


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


7    (ii) is a person who, at the time of the 
8 commission of the murder,
had attained the age of 
9 17 or more and is found guilty of murdering an

10 individual under 12 years of age; or, irrespective 
11 of the defendant's age at
the time of the 
12 commission of the offense, is found guilty of 
13 murdering more
than one victim, or


14    (iii) is found guilty of murdering a peace 
15 officer, fireman, or emergency management worker 
16 when
the peace officer, fireman, or emergency 
17 management worker was killed in the course of 
18 performing his
official duties, or to prevent the 
19 peace officer or fireman from
performing his 
20 official duties, or in retaliation for the peace 
21 officer,
fireman, or emergency management worker 
22 from performing his official duties, and the 
23 defendant knew or should
have known that the 
24 murdered individual was a peace officer, fireman, 
25 or emergency management worker, or


26    (iv) is found guilty of murdering an employee 
 
 
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1 of an institution or
facility of the Department of 
2 Corrections, or any similar local
correctional 
3 agency, when the employee was killed in the course 
4 of
performing his official duties, or to prevent 
5 the employee from performing
his official duties, 
6 or in retaliation for the employee performing his

7 official duties, or


8    (v) is found guilty of murdering an emergency 
9 medical
technician - ambulance, emergency medical 
10 technician - intermediate, emergency
medical 
11 technician - paramedic, ambulance driver or other 
12 medical assistance or
first aid person while 
13 employed by a municipality or other governmental 
14 unit
when the person was killed in the course of 
15 performing official duties or
to prevent the 
16 person from performing official duties or in 
17 retaliation
for performing official duties and the 
18 defendant knew or should have known
that the 
19 murdered individual was an emergency medical 
20 technician - ambulance,
emergency medical 
21 technician - intermediate, emergency medical

22 technician - paramedic, ambulance driver, or other 
23 medical
assistant or first aid personnel, or


24    (vi) (blank), or is a person who, at the time 
25 of the commission of the murder,
had not attained 
26 the age of 17, and is found guilty of murdering a 
 
 
09800SB1008sam001- 22 -LRB098 05267 RLC 55983 a


1 person under
12 years of age and the murder is 
2 committed during the course of aggravated
criminal 
3 sexual assault, criminal sexual assault, or 
4 aggravated kidnaping,
or


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


13   For purposes of clause (v), "emergency medical 
14 technician - ambulance",
"emergency medical technician -
15  intermediate", "emergency medical technician -

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

18   (c-5) if the defendant had not attained the age of 
19 18 at the time of the commission of the murder, but is 
20 found guilty of first degree murder and any of the 
21 factors listed in subsection (c) of this Section are 
22 present, the court shall sentence the defendant to a 
23 term of imprisonment of not less than 60 years and not 
24 more than 100 years, or to a term of natural life 
25 imprisonment. 

26   (d) (i) if the person committed the offense while 
 
 
09800SB1008sam001- 23 -LRB098 05267 RLC 55983 a


1 armed with a
firearm, 15 years shall be added to 
2 the term of imprisonment imposed by the
court;


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


7    (iii) if, during the commission of the 
8 offense, the person
personally discharged a 
9 firearm that proximately caused great bodily harm,

10 permanent disability, permanent disfigurement, or 
11 death to another person, 25
years or up to a term 
12 of natural life shall be added to the term of

13 imprisonment imposed by the court.


14  (2) (blank);


15  (2.5) for a person convicted under the circumstances 
16 described in subdivision (b)(1)(B) of Section 11-1.20 or

17 paragraph (3) of subsection (b) of Section 12-13, 
18 subdivision (d)(2) of Section 11-1.30 or paragraph (2) of 
19 subsection
(d) of Section 12-14, subdivision (b)(1.2) of 
20 Section 11-1.40 or paragraph (1.2) of subsection (b) of

21 Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or 
22 paragraph (2) of subsection (b) of Section 12-14.1
of the 
23 Criminal Code of 1961 or the Criminal Code of 2012, the 
24 sentence shall be a term of natural life
imprisonment.

25 (b) (Blank).

26 (c) (Blank).

 
 
09800SB1008sam001- 24 -LRB098 05267 RLC 55983 a


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


4  (1) for first degree murder or a Class X felony except 
5 for the offenses of predatory criminal sexual assault of a 
6 child, aggravated criminal sexual assault, and criminal 
7 sexual assault if committed on or after the effective date 
8 of this amendatory Act of the 94th General Assembly and 
9 except for the offense of aggravated child pornography 
10 under Section 11-20.1B, 11-20.3, or 11-20.1 with 
11 sentencing under subsection (c-5) of Section 11-20.1 of the 
12 Criminal Code of 1961 or the Criminal Code of 2012, if 
13 committed on or after January 1, 2009, 3 years;


14  (2) for a Class 1 felony or a Class 2 felony except for 
15 the offense of criminal sexual assault if committed on or 
16 after the effective date of this amendatory Act of the 94th 
17 General Assembly and except for the offenses of manufacture 
18 and dissemination of child pornography under clauses 
19 (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
20 of 1961 or the Criminal Code of 2012, if committed on or 
21 after January 1, 2009, 2 years;


22  (3) for a Class 3 felony or a Class 4 felony, 1 year;


23  (4) for defendants who commit the offense of predatory 
24 criminal sexual assault of a child, aggravated criminal 
25 sexual assault, or criminal sexual assault, on or after the 
26 effective date of this amendatory Act of the 94th General 
 
 
09800SB1008sam001- 25 -LRB098 05267 RLC 55983 a


1 Assembly, or who commit the offense of aggravated child 
2 pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
3 with sentencing under subsection (c-5) of Section 11-20.1 
4 of the Criminal Code of 1961 or the Criminal Code of 2012, 
5 manufacture of child pornography, or dissemination of 
6 child pornography after January 1, 2009, the term of 
7 mandatory supervised release shall range from a minimum of 
8 3 years to a maximum of the natural life of the defendant;


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

13 electronic home detention program under Article 8A of 
14 Chapter V of this Code;
 
15  (6) for a felony domestic battery, aggravated domestic 
16 battery, stalking, aggravated stalking, and a felony 
17 violation of an order of protection, 4 years. 
18 (e) (Blank).

19 (f) (Blank).

20(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 
2196-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. 
227-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, 
23eff. 1-1-13; 97-1150, eff. 1-25-13.)



24 Section 99. Effective date. This Act takes effect upon 
25becoming law.".