98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5927
 
Introduced , by Rep. Dennis M. Reboletti
 
SYNOPSIS AS INTRODUCED:



See Index

 Amends the Unified Code of Corrections concerning the sentence for first degree murder. Provides that if the defendant had not attained the age of 18 at the time of the commission of the murder, but is found guilty of first degree murder and certain aggravating factors are present, the court shall sentence the defendant to a term of imprisonment of not less than 60 years and not more than 100 years, or to a term of natural life imprisonment. Eliminates provision that requires the court to sentence a defendant to a term of natural life imprisonment if the defendant 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. Eliminates provision that requires the court to sentence a defendant to a term of natural life imprisonment if the defendant 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 assault, criminal sexual assault, or aggravated kidnaping. Provides that if and only if the Illinois Supreme Court determines the sentencing requirements set forth by the United States Supreme Court in Miller v. Alabama are to be applied retroactively, then the Prisoner Review Board may conduct a hearing on any prisoner serving a sentence of natural life imprisonment if the prisoner was under 18 years of age at the time of the commission of the offense. Provides that if the Prisoner Review Board, by a majority vote of the full Board, determines that the sentencing requirements of Miller v. Alabama apply to the prisoner, the Board shall consider specified factors in recommending to the Governor, in exercise of his or her powers under Section 12 of Article V of the Illinois Constitution to grant commutations, after conviction, for all offenses on such terms as
he or she thinks proper, the time to be served by the prisoner that the Board deems appropriate. Provides that the Governor may delegate his or her authority to commute the sentence of a prisoner to whom Miller v. Alabama applies to the Prisoner Review Board on any terms as he or she thinks proper. Effective immediately.



LRB098 16356 RLC 51418 b


 
 
A BILL FOR
 


HB5927LRB098 16356 RLC 51418 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 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:


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

20 date of this amendatory Act of 1977, and who are eligible 
21 for parole;


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

2 violations of parole, and revoke
parole for those sentenced 
3 under the law in effect prior to this amendatory
Act of 
4 1977; provided that the decision to parole and the 
5 conditions of
parole for all prisoners who were sentenced 
6 for first degree murder or who
received a minimum sentence 
7 of 20 years or more under the law in effect
prior to 
8 February 1, 1978 shall be determined by a majority vote of 
9 the
Prisoner Review Board. One representative supporting 
10 parole and one representative opposing parole will be 
11 allowed to speak. Their comments shall be limited to making 
12 corrections and filling in omissions to the Board's 
13 presentation and discussion;


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

17 supervised release, impose sanctions for violations of 
18 mandatory
supervised release, and revoke mandatory 
19 supervised release for those
sentenced under the law in 
20 effect after the effective date of this
amendatory Act of 
21 1977;

22  (3.5) hear by at least one member and through a panel 
23 of at least 3 members decide, the conditions of mandatory 
24 supervised release and the time of discharge from mandatory 
25 supervised release, to impose sanctions for violations of 
26 mandatory supervised release and revoke mandatory 
 
 
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1 supervised release for those serving extended supervised 
2 release terms pursuant to paragraph (4) of subsection (d) 
3 of Section 5-8-1;

4  (3.6) hear by at least one member and through a panel 
5 of at least 3 members decide, the time of aftercare 
6 release, the conditions of aftercare release and the time 
7 of discharge from aftercare release, impose sanctions for 
8 violations of aftercare release, and revoke aftercare 
9 release for those adjudicated delinquent under the 
10 Juvenile Court Act of 1987; 

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

26 empowered to review the Department's decision with respect 
 
 
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1 to the loss of
30 days of sentence credit for any prisoner 
2 or to increase any penalty
beyond the length requested by 
3 the Department;


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

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


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

12 recommendations to the Governor;


13  (7) comply with the requirements of the Open Parole 
14 Hearings Act;


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


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

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

26 records of the arresting authority, the circuit court 
 
 
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1 clerk, and the Department of State Police concerning the 
2 arrest and conviction for the Class 3 or 4 felony. A person 
3 may not apply to the Board for a certificate of eligibility 
4 for expungement:
5   (A) if convicted of:
6    (i) a sex offense described in Article 11 or 
7 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of 
8 the Criminal Code of 1961 or Criminal Code of 2012;
9    (ii) an offense under the Criminal Code of 1961 
10 or Criminal Code of 2012 involving a firearm; or
11    (iii) a crime of violence as defined in Section 
12 2 of the Crime Victims Compensation Act; or
13   (B) if the person has not served in the United 
14 States Armed Forces or National Guard of this or any 
15 other state or has not received an honorable discharge 
16 from the United States Armed Forces or National Guard 
17 of this or any other state or who at the time of the 
18 filing of the petition is serving in the United States 
19 Armed Forces or National Guard of this or any other 
20 state and has not completed one tour of duty.
21  If a person has applied to the Board for a certificate 
22 of eligibility for expungement and the Board denies the 
23 certificate, the person must wait at least 4 years before 
24 filing again or filing for a pardon with authorization for 
25 expungement from the Governor unless the Governor or 
26 Chairman of the Prisoner Review Board grants a waiver; and 
 
 
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1 . 
2  (12) if and only if the Illinois Supreme Court 
3 determines the sentencing requirements set forth by the 
4 United States Supreme Court in Miller v. Alabama, 132 S. 
5 Ct. 2455 (2012), are to be applied retroactively, hear and 
6 decide commutation, as provided in this paragraph, of a 
7 prisoner serving a sentence of natural life imprisonment if 
8 the prisoner was under 18 years of age at the time of the 
9 commission of the offense, and make confidential 
10 recommendations to the Governor. Notice of the hearing 
11 shall be given to the committing court, the State's 
12 Attorney of
the county where the conviction was had, and 
13 victim representative. At the hearing the prisoner may be 
14 represented by counsel. If the Board, by a majority vote of 
15 the full Board, determines that the sentencing 
16 requirements of Miller v. Alabama apply to the prisoner, 
17 the Board shall consider the following factors in 
18 recommending to the Governor the time to be served by the 
19 prisoner that the Board deems appropriate:
20   (A) the prisoner's chronological age and its 
21 hallmark features, among them, immaturity, 
22 impetuosity, and failure to appreciate risks and 
23 consequences at the time of the commission of the 
24 offense;
25   (B) the prisoner's family and home environment 
26 that surrounds him or her;
 
 
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1   (C) the circumstances of the homicide offense, 
2 including the extent of the prisoner's participation 
3 in the conduct and the way familial and peer pressures 
4 may have affected the prisoner;
5   (D) whether the prisoner might have been charged 
6 and convicted of a lesser offense if not for 
7 incompetencies associated with youth, for example, his 
8 or her inability to deal with police officers or 
9 prosecutors (including on a plea agreement) or his or 
10 her incapacity to assist his or her own attorneys; and
11   (E) whether natural life imprisonment disregards 
12 the possibility of rehabilitation even when the 
13 circumstances most suggest it. 
14 After hearing and full consideration of the above factors 
15the Board may, by a majority vote of the full Board, 
16confidentially recommend to the Governor:
17  (i) the sentence of natural life imprisonment imposed 
18 by the court to remain in effect;
19  (ii) commutation of sentence to a set term less than 
20 natural life; or
21  (iii) commutation of sentence to time served; and
22  (iv) if commutation is recommended any condition, 
23 including a term of mandatory supervised release upon 
24 release, the Board thinks proper.
25 The Governor shall decide each Board submitted prisoner 
26commutation application and communicate his or her decision to 
 
 
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1the Board which shall notify the prisoner. 
2 In the event a prisoner is granted a release, after the 
3Governor has communicated this decision to the Board, the Board 
4shall give written notice to the sheriff of the county from 
5which the offender was sentenced if the sheriff has requested 
6that clemency notice be given on a continuing basis. In cases 
7where arrest of the offender or the commission of the offense 
8took place in any municipality with a population of more than 
910,000 persons, the Board shall also give written notice to the 
10proper law enforcement agency for the municipality which has 
11requested clemency notice on a continuing basis. 
12 This paragraph (12) only applies to prisoners to whom 
13Miller v. Alabama applies retroactively on the date of the 
14Illinois Supreme Court decision. 
15 The Governor may delegate his or her authority to commute 
16the sentence of a prisoner described in this paragraph (12) to 
17the Board on any terms as he or she thinks proper. 
18 (a-5) The Prisoner Review Board, with the cooperation of 
19and in
coordination with the Department of Corrections and the 
20Department of Central
Management Services, shall implement a 
21pilot project in 3 correctional
institutions providing for the 
22conduct of hearings under paragraphs (1) and
(4)
of subsection 
23(a) of this Section through interactive video conferences.
The

24project shall be implemented within 6 months after the 
25effective date of this
amendatory Act of 1996. Within 6 months 
26after the implementation of the pilot
project, the Prisoner 
 
 
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1Review Board, with the cooperation of and in coordination
with 
2the Department of Corrections and the Department of Central 
3Management
Services, shall report to the Governor and the 
4General Assembly regarding the
use, costs, effectiveness, and 
5future viability of interactive video
conferences for Prisoner 
6Review Board hearings.

7 (b) Upon recommendation of the Department the Board may 
8restore sentence credit previously revoked.

9 (c) The Board shall cooperate with the Department in 
10promoting an
effective system of parole, aftercare release, and 
11mandatory supervised release.

12 (d) The Board shall promulgate rules for the conduct of its 
13work,
and the Chairman shall file a copy of such rules and any 
14amendments
thereto with the Director and with the Secretary of 
15State.

16 (e) The Board shall keep records of all of its official 
17actions and
shall make them accessible in accordance with law 
18and the rules of the
Board.

19 (f) The Board or one who has allegedly violated the 
20conditions of
his or her parole, aftercare release, or 
21mandatory supervised release may require by subpoena the

22attendance and testimony of witnesses and the production of 
23documentary
evidence relating to any matter under 
24investigation or hearing. The
Chairman of the Board may sign 
25subpoenas which shall be served by any
agent or public official 
26authorized by the Chairman of the Board, or by
any person 
 
 
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1lawfully authorized to serve a subpoena under the laws of the

2State of Illinois. The attendance of witnesses, and the 
3production of
documentary evidence, may be required from any 
4place in the State to a
hearing location in the State before 
5the Chairman of the Board or his or her
designated agent or 
6agents or any duly constituted Committee or
Subcommittee of the 
7Board. Witnesses so summoned shall be paid the same
fees and 
8mileage that are paid witnesses in the circuit courts of the

9State, and witnesses whose depositions are taken and the 
10persons taking
those depositions are each entitled to the same 
11fees as are paid for
like services in actions in the circuit 
12courts of the State. Fees and
mileage shall be vouchered for 
13payment when the witness is discharged
from further attendance.

14 In case of disobedience to a subpoena, the Board may 
15petition any
circuit court of the State for an order requiring 
16the attendance and
testimony of witnesses or the production of 
17documentary evidence or
both. A copy of such petition shall be 
18served by personal service or by
registered or certified mail 
19upon the person who has failed to obey the
subpoena, and such 
20person shall be advised in writing that a hearing
upon the 
21petition will be requested in a court room to be designated in

22such notice before the judge hearing motions or extraordinary 
23remedies
at a specified time, on a specified date, not less 
24than 10 nor more than
15 days after the deposit of the copy of 
25the written notice and petition
in the U.S. mails addressed to 
26the person at his last known address or
after the personal 
 
 
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1service of the copy of the notice and petition upon
such 
2person. The court upon the filing of such a petition, may order 
3the
person refusing to obey the subpoena to appear at an 
4investigation or
hearing, or to there produce documentary 
5evidence, if so ordered, or to
give evidence relative to the 
6subject matter of that investigation or
hearing. Any failure to 
7obey such order of the circuit court may be
punished by that 
8court as a contempt of court.

9 Each member of the Board and any hearing officer designated 
10by the
Board shall have the power to administer oaths and to 
11take the testimony
of persons under oath.

12 (g) Except under subsection (a) of this Section, a majority 
13of the
members then appointed to the Prisoner Review Board 
14shall constitute a
quorum for the transaction of all business 
15of the Board.

16 (h) The Prisoner Review Board shall annually transmit to 
17the
Director a detailed report of its work for the preceding 
18calendar year.
The annual report shall also be transmitted to 
19the Governor for
submission to the Legislature.

20(Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13; 
2197-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff. 
221-1-14; revised 8-28-13.)





23 (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)



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

25 (a) Petitions seeking pardon, commutation, or reprieve 
 
 
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1shall be
addressed to the Governor and filed with the Prisoner 
2Review
Board. The petition shall be in writing and signed by 
3the
person under conviction or by a person on his behalf. It 
4shall
contain a brief history of the case, the reasons for 
5seeking
executive clemency, and other relevant information the 
6Board may require.

7 (a-5) After a petition has been denied by the Governor, the 
8Board may not
accept a repeat petition for executive clemency 
9for the same person until one
full year has elapsed from the 
10date of the denial. The Chairman of the Board
may waive the 
11one-year requirement if the petitioner offers in writing
new 
12information that was unavailable to the petitioner at the time

13of the filing of the prior petition and which the Chairman 
14determines to be
significant. The Chairman also may waive the 
15one-year
waiting period if the petitioner can show that a 
16change in circumstances of a
compelling humanitarian nature has 
17arisen since the denial of the prior
petition.

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

19the Board to the committing court and the state's attorney of

20the county where the conviction was had.

21 (c) The Board shall, if requested and upon due notice,
give 
22a hearing to each application, allowing representation by

23counsel, if desired, after which it shall confidentially
advise 
24the Governor by a written report of its recommendations
which 
25shall be determined by majority vote. The Board shall
meet to 
26consider such petitions no less than 4 times each
year.

 
 
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1 Application for executive clemency under this Section may 
2not be commenced
on behalf of a person who has been sentenced 
3to death without the written
consent of the defendant, unless 
4the defendant, because of a mental or
physical condition, is 
5incapable of asserting his or her own claim.

6 (d) The Governor shall decide each application and

7communicate his decision to the Board which shall notify the

8petitioner.

9 In the event a petitioner who has been convicted of a Class 
10X felony is
granted a release, after the Governor has 
11communicated such decision to
the Board, the Board shall give 
12written notice to the Sheriff of the county
from which the 
13offender was sentenced if such sheriff has requested that
such 
14notice be given on a continuing basis. In cases where arrest of 
15the
offender or the commission of the offense took place in any 
16municipality
with a population of more than 10,000 persons, the 
17Board shall also give
written notice to the proper law 
18enforcement agency for said municipality
which has requested 
19notice on a continuing basis.

20 (d-5) If and only if the Illinois Supreme Court determines 
21the sentencing requirements set forth by the United States 
22Supreme Court in Miller v. Alabama, 132 S. Ct. 2455 (2012), are 
23to be applied retroactively, then the Prisoner Review Board may 
24consider, without a petition, commutation of a prisoner serving 
25a sentence of natural life imprisonment if the prisoner was 
26under 18 years of age at the time of the commission of the 
 
 
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1offense and the Board, by a majority vote of the full Board, 
2determines the sentencing requirements of Miller v. Alabama 
3applies to the prisoner. The Board shall conduct a hearing and 
4make recommendations to the Governor as provided in paragraph 
5(12) of subsection (g) of Section 3-3-2 of this Code. 
6 (e) Nothing in this Section shall be construed to limit the 
7power of the
Governor under the constitution to grant a 
8reprieve, commutation of sentence,
or pardon.

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


10 (730 ILCS 5/5-4.5-20)
11 Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first 
12degree murder:
13 (a) TERM. The defendant shall be sentenced to imprisonment 
14or, if appropriate, death under Section 9-1 of the Criminal 
15Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). 
16Imprisonment shall be for a determinate term of (1) not less 
17than 20 years and not more than 60 years; (2) not less than 60 
18years and not more than 100 years as provided in subsection 
19(c-5) of Section 5-8-1 (730 ILCS 5/5-8-1) or when an extended 
20term is imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) 
21natural life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).

22 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
23shall not be imposed.

24 (c) IMPACT INCARCERATION. The impact incarceration program 
25or the county impact incarceration program is not an authorized 
 
 
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1disposition.

2 (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
3probation or conditional discharge shall not be imposed.

4 (e) FINE. Fines may be imposed as provided in Section 
55-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

6 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
7concerning restitution.

8 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
9be concurrent or consecutive as provided in Section 5-8-4 (730 
10ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

11 (h) DRUG COURT. Drug court is not an authorized 
12disposition.

13 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
14ILCS 5/5-4.5-100) concerning no credit for time spent in home 
15detention prior to judgment.

16 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
17for rules and regulations for sentence credit.

18 (k) ELECTRONIC HOME DETENTION. Electronic home detention 
19is not an authorized disposition, except in limited 
20circumstances as provided in Section 5-8A-3 (730 ILCS 
215/5-8A-3).

22 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
23provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or 
24mandatory supervised release term shall be 3 years upon release 
25from imprisonment.


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



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


2 Sec. 5-8-1. Natural life imprisonment; enhancements for 
3use of a firearm; mandatory supervised release terms. 

4 (a) Except as otherwise provided in the statute defining 
5the offense or in Article 4.5 of Chapter V, a
sentence of 
6imprisonment for a felony shall be a determinate sentence set 
7by
the court under this Section, according to the following 
8limitations:


9  (1) for first degree murder,


10   (a) (blank),


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

12 doubt that the murder was accompanied by exceptionally

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

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

18 present, the court may sentence the defendant to a term 
19 of natural life
imprisonment, or


20   (c) the court shall sentence the defendant to a 
21 term of natural life
imprisonment when the death 
22 penalty is not imposed if the defendant,


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


25    (ii) is a person who, at the time of the 
 
 
HB5927- 20 -LRB098 16356 RLC 51418 b


1 commission of the murder,
had attained the age of 
2 17 or more and is found guilty of murdering an

3 individual under 12 years of age; or, irrespective 
4 of the defendant's age at
the time of the 
5 commission of the offense, is found guilty of 
6 murdering more
than one victim, or


7    (iii) is found guilty of murdering a peace 
8 officer, fireman, or emergency management worker 
9 when
the peace officer, fireman, or emergency 
10 management worker was killed in the course of 
11 performing his
official duties, or to prevent the 
12 peace officer or fireman from
performing his 
13 official duties, or in retaliation for the peace 
14 officer,
fireman, or emergency management worker 
15 from performing his official duties, and the 
16 defendant knew or should
have known that the 
17 murdered individual was a peace officer, fireman, 
18 or emergency management worker, or


19    (iv) is found guilty of murdering an employee 
20 of an institution or
facility of the Department of 
21 Corrections, or any similar local
correctional 
22 agency, when the employee was killed in the course 
23 of
performing his official duties, or to prevent 
24 the employee from performing
his official duties, 
25 or in retaliation for the employee performing his

26 official duties, or


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

15 technician - paramedic, ambulance driver, or other 
16 medical
assistant or first aid personnel, or


17    (vi) (blank), or is a person who, at the time 
18 of the commission of the murder,
had not attained 
19 the age of 17, and is found guilty of murdering a 
20 person under
12 years of age and the murder is 
21 committed during the course of aggravated
criminal 
22 sexual assault, criminal sexual assault, or 
23 aggravated kidnaping,
or


24    (vii) is found guilty of first degree murder 
25 and the murder was
committed by reason of any 
26 person's activity as a community policing 
 
 
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1 volunteer
or to prevent any person from engaging in 
2 activity as a community policing
volunteer. For 
3 the purpose of this Section, "community policing 
4 volunteer"
has the meaning ascribed to it in 
5 Section 2-3.5 of the Criminal Code of 2012.


6   For purposes of clause (v), "emergency medical 
7 technician - ambulance",
"emergency medical technician -
8  intermediate", "emergency medical technician -

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

11   (c-5) if the defendant had not attained the age of 
12 18 at the time of the commission of the murder, but is 
13 found guilty of first degree murder and any of the 
14 factors listed in subsection (c) of this Section are 
15 present, the court shall sentence the defendant to a 
16 term of imprisonment of not less than 60 years and not 
17 more than 100 years, or to a term of natural life 
18 imprisonment. 

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


22    (ii) if, during the commission of the offense, 
23 the person
personally discharged a firearm, 20 
24 years shall be added to the term of
imprisonment 
25 imposed by the court;


26    (iii) if, during the commission of the 
 
 
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1 offense, the person
personally discharged a 
2 firearm that proximately caused great bodily harm,

3 permanent disability, permanent disfigurement, or 
4 death to another person, 25
years or up to a term 
5 of natural life shall be added to the term of

6 imprisonment imposed by the court.


7  (2) (blank);


8  (2.5) for a person convicted under the circumstances 
9 described in subdivision (b)(1)(B) of Section 11-1.20 or

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

14 Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or 
15 paragraph (2) of subsection (b) of Section 12-14.1
of the 
16 Criminal Code of 1961 or the Criminal Code of 2012, the 
17 sentence shall be a term of natural life
imprisonment.

18 (b) (Blank).

19 (c) (Blank).

20 (d) Subject to
earlier termination under Section 3-3-8, the 
21parole or mandatory
supervised release term shall be written as 
22part of the sentencing order and shall be as follows:


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


7  (2) for a Class 1 felony or a Class 2 felony except for 
8 the offense of criminal sexual assault if committed on or 
9 after the effective date of this amendatory Act of the 94th 
10 General Assembly and except for the offenses of manufacture 
11 and dissemination of child pornography under clauses 
12 (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
13 of 1961 or the Criminal Code of 2012, if committed on or 
14 after January 1, 2009, 2 years;


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


16  (4) for defendants who commit the offense of predatory 
17 criminal sexual assault of a child, aggravated criminal 
18 sexual assault, or criminal sexual assault, on or after the 
19 effective date of this amendatory Act of the 94th General 
20 Assembly, or who commit the offense of aggravated child 
21 pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
22 with sentencing under subsection (c-5) of Section 11-20.1 
23 of the Criminal Code of 1961 or the Criminal Code of 2012, 
24 manufacture of child pornography, or dissemination of 
25 child pornography after January 1, 2009, the term of 
26 mandatory supervised release shall range from a minimum of 
 
 
HB5927- 25 -LRB098 16356 RLC 51418 b


1 3 years to a maximum of the natural life of the defendant;


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

6 electronic home detention program under Article 8A of 
7 Chapter V of this Code;
 
8  (6) for a felony domestic battery, aggravated domestic 
9 battery, stalking, aggravated stalking, and a felony 
10 violation of an order of protection, 4 years. 
11 (e) (Blank).

12 (f) (Blank).

13(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 
1496-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. 
157-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, 
16eff. 1-1-13; 97-1150, eff. 1-25-13.)



17 Section 99. Effective date. This Act takes effect upon 
18becoming law.

 
 
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1
INDEX

2
Statutes amended in order of appearance