HB 5771 — CD CORR-SENTENCING

HB5771 EngrossedEnrolled LRB099 16804 RLC 41151 b AN ACT concerning criminal law.

HB5771 EngrossedEnrolled - 2 - LRB099 16804 RLC 41151 b (3) the person's family, home environment, educational and social background, including any history of parental neglect, physical abuse, or other childhood trauma;

(b) Except as provided in subsection (c), the court may sentence the defendant to any disposition authorized for the class of the offense of which he or she was found guilty as described in Article 4.5 of this Code, and may, in its discretion, decline to impose any otherwise applicable sentencing enhancement based upon firearm possession, possession with personal discharge, or possession with HB5771 EngrossedEnrolled - 3 - LRB099 16804 RLC 41151 b personal discharge that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(1) for first degree murder, (a) (blank), HB5771 EngrossedEnrolled - 4 - LRB099 16804 RLC 41151 b (b) if a trier of fact finds beyond a reasonable doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subsection (b) or (b-5) of Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 are present, the court may sentence the defendant, subject to Section 5-4.5-105, to a term of natural life imprisonment, or (c) the court shall sentence the defendant to a term of natural life imprisonment if the defendant, at the time of the commission of the murder, had attained the age of 18, and (i) has previously been convicted of first degree murder under any state or federal law, or (ii) is found guilty of murdering more than one victim, or (iii) is found guilty of murdering a peace officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker HB5771 EngrossedEnrolled - 5 - LRB099 16804 RLC 41151 b from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or (iv) is found guilty of murdering an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course 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 HB5771 EngrossedEnrolled - 6 - LRB099 16804 RLC 41151 b technician - paramedic, ambulance driver, or other medical assistant or first aid personnel, or (vi) (blank), or (vii) is found guilty of first degree murder and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer.

(iii) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, HB5771 EngrossedEnrolled - 7 - LRB099 16804 RLC 41151 b permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.

(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 HB5771 EngrossedEnrolled - 8 - LRB099 16804 RLC 41151 b of this amendatory Act of the 94th General Assembly and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 3 years;

(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 HB5771 EngrossedEnrolled - 9 - LRB099 16804 RLC 41151 b 3 years to a maximum of the natural life of the defendant;