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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by changing |
5 | | Sections 9-1, 12-2, 12-3.05, and 24-1 as follows:
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6 | | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) |
7 | | Sec. 9-1. First degree murder; death penalties; |
8 | | exceptions; separate
hearings; proof; findings; appellate |
9 | | procedures; reversals. First degree Murder - Death penalties - |
10 | | Exceptions - Separate
Hearings - Proof - Findings - Appellate |
11 | | procedures - Reversals.
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12 | | (a) A person who kills an individual without lawful |
13 | | justification commits
first degree murder if, in performing the |
14 | | acts which cause the death:
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15 | | (1) he either intends to kill or do great bodily harm |
16 | | to that
individual or another, or knows that such acts will |
17 | | cause death to that
individual or another; or
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18 | | (2) he knows that such acts create a strong probability |
19 | | of death or
great bodily harm to that individual or |
20 | | another; or
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21 | | (3) he is attempting or committing a forcible felony |
22 | | other than
second degree murder.
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23 | | (b) Aggravating Factors. A defendant who at the time of the
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1 | | commission of the offense has attained the age of 18 or more |
2 | | and who has
been found guilty of first degree murder may be |
3 | | sentenced to death if:
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4 | | (1) the murdered individual was a peace officer or |
5 | | fireman killed in
the course of performing his official |
6 | | duties, to prevent the performance
of his official duties, |
7 | | or in retaliation for performing his official
duties, and |
8 | | the defendant knew or
should have known that the murdered |
9 | | individual was a peace officer or
fireman; or
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10 | | (2) the murdered individual was an employee of an |
11 | | institution or
facility of the Department of Corrections, |
12 | | or any similar local
correctional agency, killed in the |
13 | | course of performing his official
duties, to prevent the |
14 | | performance of his official duties, or in
retaliation for |
15 | | performing his official duties, or the murdered
individual |
16 | | was an inmate at such institution or facility and was |
17 | | killed on the
grounds thereof, or the murdered individual |
18 | | was otherwise present in such
institution or facility with |
19 | | the knowledge and approval of the chief
administrative |
20 | | officer thereof; or
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21 | | (3) the defendant has been convicted of murdering two |
22 | | or more
individuals under subsection (a) of this Section or |
23 | | under any law of the
United States or of any state which is |
24 | | substantially similar to
subsection (a) of this Section |
25 | | regardless of whether the deaths
occurred as the result of |
26 | | the same act or of several related or
unrelated acts so |
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1 | | long as the deaths were the result of either an intent
to |
2 | | kill more than one person or of separate acts which
the |
3 | | defendant knew would cause death or create a strong |
4 | | probability of
death or great bodily harm to the murdered |
5 | | individual or another; or
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6 | | (4) the murdered individual was killed as a result of |
7 | | the
hijacking of an airplane, train, ship, bus or other |
8 | | public conveyance; or
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9 | | (5) the defendant committed the murder pursuant to a |
10 | | contract,
agreement or understanding by which he was to |
11 | | receive money or anything
of value in return for committing |
12 | | the murder or procured another to
commit the murder for |
13 | | money or anything of value; or
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14 | | (6) the murdered individual was killed in the course of |
15 | | another felony if:
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16 | | (a) the murdered individual:
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17 | | (i) was actually killed by the defendant, or
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18 | | (ii) received physical injuries personally |
19 | | inflicted by the defendant
substantially |
20 | | contemporaneously with physical injuries caused by |
21 | | one or
more persons for whose conduct the defendant |
22 | | is legally accountable under
Section 5-2 of this |
23 | | Code, and the physical injuries inflicted by |
24 | | either
the defendant or the other person or persons |
25 | | for whose conduct he is legally
accountable caused |
26 | | the death of the murdered individual; and
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1 | | (b) in performing the acts which caused the death |
2 | | of the murdered
individual or which resulted in |
3 | | physical injuries personally inflicted by
the |
4 | | defendant on the murdered individual under the |
5 | | circumstances of
subdivision (ii) of subparagraph (a) |
6 | | of paragraph (6) of subsection (b) of
this Section, the |
7 | | defendant acted with the intent to kill the murdered
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8 | | individual or with the knowledge that his acts created |
9 | | a strong probability
of death or great bodily harm to |
10 | | the murdered individual or another; and
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11 | | (c) the other felony was an inherently violent |
12 | | crime
or the attempt to commit an inherently
violent |
13 | | crime.
In this subparagraph (c), "inherently violent |
14 | | crime" includes, but is not
limited to, armed robbery, |
15 | | robbery, predatory criminal sexual assault of a
child,
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16 | | aggravated criminal sexual assault, aggravated |
17 | | kidnapping, aggravated vehicular
hijacking,
aggravated |
18 | | arson, aggravated stalking, residential burglary, and |
19 | | home
invasion; or
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20 | | (7) the murdered individual was under 12 years of age |
21 | | and the
death resulted from exceptionally brutal or heinous |
22 | | behavior indicative of
wanton cruelty; or
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23 | | (8) the defendant committed the murder with intent to
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24 | | prevent the murdered individual from testifying or |
25 | | participating in any
criminal investigation or prosecution
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26 | | or giving material assistance to the State in any |
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1 | | investigation or
prosecution, either against the defendant |
2 | | or another; or the defendant
committed the murder because |
3 | | the murdered individual was a witness in any
prosecution or |
4 | | gave material assistance to the State in any investigation
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5 | | or prosecution, either against the defendant or another;
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6 | | for purposes of this paragraph (8), "participating in any |
7 | | criminal
investigation
or prosecution" is intended to |
8 | | include those appearing in the proceedings in
any capacity |
9 | | such as trial judges, prosecutors, defense attorneys,
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10 | | investigators, witnesses, or jurors; or
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11 | | (9) the defendant, while committing an offense |
12 | | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, |
13 | | 407 or 407.1 or subsection (b) of
Section
404 of the |
14 | | Illinois Controlled Substances Act, or while engaged in a
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15 | | conspiracy or solicitation to commit such offense, |
16 | | intentionally killed an
individual or counseled, |
17 | | commanded, induced, procured or caused the
intentional |
18 | | killing of the murdered individual; or
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19 | | (10) the defendant was incarcerated in an institution |
20 | | or facility of
the Department of Corrections at the time of |
21 | | the murder, and while
committing an offense punishable as a |
22 | | felony under Illinois law, or while
engaged in a conspiracy |
23 | | or solicitation to commit such offense,
intentionally |
24 | | killed an individual or counseled, commanded, induced,
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25 | | procured or caused the intentional killing of the murdered |
26 | | individual; or
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1 | | (11) the murder was committed in a cold, calculated and |
2 | | premeditated
manner pursuant to a preconceived plan, |
3 | | scheme or design to take a human
life by unlawful means, |
4 | | and the conduct of the defendant created a
reasonable |
5 | | expectation that the death of a human being would result
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6 | | therefrom; or
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7 | | (12) the murdered individual was an emergency medical |
8 | | technician -
ambulance, emergency medical technician - |
9 | | intermediate, emergency medical
technician - paramedic, |
10 | | ambulance driver, or
other medical assistance or first aid |
11 | | personnel, employed by a municipality
or other |
12 | | governmental unit, killed in the course of performing his |
13 | | official
duties, to prevent the performance of his official |
14 | | duties, or in retaliation
for performing his official |
15 | | duties, and the defendant knew or should have
known that |
16 | | the murdered individual was an emergency medical |
17 | | technician -
ambulance, emergency medical technician - |
18 | | intermediate, emergency medical
technician - paramedic, |
19 | | ambulance driver, or
other medical assistance or first aid |
20 | | personnel; or
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21 | | (13) the defendant was a principal administrator, |
22 | | organizer, or leader
of a calculated criminal drug |
23 | | conspiracy consisting of a hierarchical position
of |
24 | | authority superior to that of all other members of the |
25 | | conspiracy, and the
defendant counseled, commanded, |
26 | | induced, procured, or caused the intentional
killing of the |
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1 | | murdered person;
or
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2 | | (14) the murder was intentional and involved the |
3 | | infliction of torture.
For
the purpose of this Section |
4 | | torture means the infliction of or subjection to
extreme |
5 | | physical pain, motivated by an intent to increase or |
6 | | prolong the pain,
suffering or agony of the victim; or
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7 | | (15) the murder was committed as a result of the |
8 | | intentional discharge
of a firearm by the defendant from a |
9 | | motor vehicle and the victim was not
present within the |
10 | | motor vehicle; or
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11 | | (16) the murdered individual was 60 years of age or |
12 | | older and the death
resulted
from exceptionally brutal or |
13 | | heinous behavior indicative of wanton cruelty; or
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14 | | (17) the murdered individual was a person with a |
15 | | disability and the defendant knew
or
should have known that |
16 | | the murdered individual was a person with a disability. For |
17 | | purposes of
this paragraph (17), "person with a disability" |
18 | | means a person who suffers from a
permanent physical or |
19 | | mental impairment resulting from disease, an injury,
a |
20 | | functional disorder, or a congenital condition that |
21 | | renders the person
incapable of
adequately providing for |
22 | | his or her own health or personal care; or
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23 | | (18) the murder was committed by reason of any person's |
24 | | activity as a
community policing volunteer or to prevent |
25 | | any person from engaging in activity
as a community |
26 | | policing volunteer; or
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1 | | (19) the murdered individual was subject to an order of |
2 | | protection and the
murder was committed by a person against |
3 | | whom the same order of protection was
issued under the |
4 | | Illinois Domestic Violence Act of 1986; or
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5 | | (20) the murdered individual was known by the defendant |
6 | | to be a teacher or
other person employed in any school and |
7 | | the teacher or other employee is upon
the grounds of a |
8 | | school or grounds adjacent to a school, or is in any part |
9 | | of a
building used for school purposes; or
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10 | | (21) the murder was committed by the defendant in |
11 | | connection with or as
a
result of the offense of terrorism |
12 | | as defined in Section 29D-14.9 of this
Code ; or .
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13 | | (22) the murdered individual was a member of a |
14 | | congregation engaged in prayer or other religious |
15 | | activities at a church, synagogue, mosque, or other |
16 | | building, structure, or place used for religious worship. |
17 | | (b-5) Aggravating Factor; Natural Life Imprisonment. A |
18 | | defendant who has been found guilty of first degree murder and |
19 | | who at the time of the commission of the offense had attained |
20 | | the age of 18 years or more may be sentenced to natural life |
21 | | imprisonment if
(i) the murdered individual was a physician, |
22 | | physician assistant, psychologist, nurse, or advanced practice |
23 | | registered nurse, (ii) the defendant knew or should have
known |
24 | | that the murdered individual was a physician, physician |
25 | | assistant, psychologist, nurse, or advanced practice |
26 | | registered nurse, and (iii) the murdered individual was killed |
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1 | | in the course of acting in his or her capacity as a physician, |
2 | | physician assistant, psychologist, nurse, or advanced practice |
3 | | registered nurse, or to prevent him or her from acting in that |
4 | | capacity, or in retaliation
for his or her acting in that |
5 | | capacity. |
6 | | (c) Consideration of factors in Aggravation and |
7 | | Mitigation.
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8 | | The court shall consider, or shall instruct the jury to |
9 | | consider any
aggravating and any mitigating factors which are |
10 | | relevant to the
imposition of the death penalty. Aggravating |
11 | | factors may include but
need not be limited to those factors |
12 | | set forth in subsection (b).
Mitigating factors may include but |
13 | | need not be limited to the following:
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14 | | (1) the defendant has no significant history of prior |
15 | | criminal
activity;
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16 | | (2) the murder was committed while the defendant was |
17 | | under
the influence of extreme mental or emotional |
18 | | disturbance, although not such
as to constitute a defense |
19 | | to prosecution;
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20 | | (3) the murdered individual was a participant in the
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21 | | defendant's homicidal conduct or consented to the |
22 | | homicidal act;
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23 | | (4) the defendant acted under the compulsion of threat |
24 | | or
menace of the imminent infliction of death or great |
25 | | bodily harm;
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26 | | (5) the defendant was not personally present during
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1 | | commission of the act or acts causing death;
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2 | | (6) the defendant's background includes a history of |
3 | | extreme emotional
or physical abuse;
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4 | | (7) the defendant suffers from a reduced mental |
5 | | capacity.
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6 | | Provided, however, that an action that does not otherwise |
7 | | mitigate first degree murder cannot qualify as a mitigating |
8 | | factor for first degree murder because of the discovery, |
9 | | knowledge, or disclosure of the victim's sexual orientation as |
10 | | defined in Section 1-103 of the Illinois Human Rights Act. |
11 | | (d) Separate sentencing hearing.
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12 | | Where requested by the State, the court shall conduct a |
13 | | separate
sentencing proceeding to determine the existence of |
14 | | factors set forth in
subsection (b) and to consider any |
15 | | aggravating or mitigating factors as
indicated in subsection |
16 | | (c). The proceeding shall be conducted:
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17 | | (1) before the jury that determined the defendant's |
18 | | guilt; or
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19 | | (2) before a jury impanelled for the purpose of the |
20 | | proceeding if:
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21 | | A. the defendant was convicted upon a plea of |
22 | | guilty; or
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23 | | B. the defendant was convicted after a trial before |
24 | | the court
sitting without a jury; or
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25 | | C. the court for good cause shown discharges the |
26 | | jury that
determined the defendant's guilt; or
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1 | | (3) before the court alone if the defendant waives a |
2 | | jury
for the separate proceeding.
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3 | | (e) Evidence and Argument.
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4 | | During the proceeding any information relevant to any of |
5 | | the factors
set forth in subsection (b) may be presented by |
6 | | either the State or the
defendant under the rules governing the |
7 | | admission of evidence at
criminal trials. Any information |
8 | | relevant to any additional aggravating
factors or any |
9 | | mitigating factors indicated in subsection (c) may be
presented |
10 | | by the State or defendant regardless of its admissibility
under |
11 | | the rules governing the admission of evidence at criminal |
12 | | trials.
The State and the defendant shall be given fair |
13 | | opportunity to rebut any
information received at the hearing.
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14 | | (f) Proof.
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15 | | The burden of proof of establishing the existence of any of |
16 | | the
factors set forth in subsection (b) is on the State and |
17 | | shall not be
satisfied unless established beyond a reasonable |
18 | | doubt.
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19 | | (g) Procedure - Jury.
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20 | | If at the separate sentencing proceeding the jury finds |
21 | | that none of
the factors set forth in subsection (b) exists, |
22 | | the court shall sentence
the defendant to a term of |
23 | | imprisonment under Chapter V of the Unified
Code of |
24 | | Corrections. If there is a unanimous finding by the jury that
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25 | | one or more of the factors set forth in subsection (b) exist, |
26 | | the jury
shall consider aggravating and mitigating factors as |
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1 | | instructed by the
court and shall determine whether the |
2 | | sentence of death shall be
imposed. If the jury determines |
3 | | unanimously, after weighing the factors in
aggravation and |
4 | | mitigation, that death is the appropriate sentence, the court |
5 | | shall sentence the defendant to death.
If the court does not |
6 | | concur with the jury determination that death is the
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7 | | appropriate sentence, the court shall set forth reasons in |
8 | | writing
including what facts or circumstances the court relied |
9 | | upon,
along with any relevant
documents, that compelled the |
10 | | court to non-concur with the sentence. This
document and any |
11 | | attachments shall be part of the record for appellate
review. |
12 | | The court shall be bound by the jury's sentencing |
13 | | determination.
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14 | | If after weighing the factors in aggravation and |
15 | | mitigation, one or more
jurors determines that death is not the |
16 | | appropriate sentence,
the
court shall sentence the defendant to |
17 | | a term of imprisonment under
Chapter V of the Unified Code of |
18 | | Corrections.
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19 | | (h) Procedure - No Jury.
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20 | | In a proceeding before the court alone, if the court finds |
21 | | that none
of the factors found in subsection (b) exists, the |
22 | | court shall sentence
the defendant to a term of imprisonment |
23 | | under Chapter V of the Unified
Code of Corrections.
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24 | | If the Court determines that one or more of the factors set |
25 | | forth in
subsection (b) exists, the Court shall consider any |
26 | | aggravating and
mitigating factors as indicated in subsection |
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1 | | (c). If the Court
determines, after weighing the factors in |
2 | | aggravation and mitigation, that
death is the appropriate |
3 | | sentence, the Court shall sentence the
defendant to death.
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4 | | If
the court finds that death is not the
appropriate |
5 | | sentence, the
court shall sentence the defendant to a term of |
6 | | imprisonment under
Chapter V of the Unified Code of |
7 | | Corrections.
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8 | | (h-5) Decertification as a capital case.
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9 | | In a case in which the defendant has been found guilty of |
10 | | first degree murder
by a judge or jury, or a case on remand for |
11 | | resentencing, and the State seeks
the death penalty as an |
12 | | appropriate
sentence,
on the court's own motion or the written |
13 | | motion of the defendant, the court
may decertify the case as a |
14 | | death penalty case if the court finds that the only
evidence |
15 | | supporting the defendant's conviction is the uncorroborated |
16 | | testimony
of an informant witness, as defined in Section 115-21 |
17 | | of the Code of Criminal
Procedure of 1963, concerning the |
18 | | confession or admission of the defendant or
that the sole |
19 | | evidence against the defendant is a single eyewitness or single
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20 | | accomplice without any other corroborating evidence.
If the |
21 | | court decertifies the case as a capital case
under either of |
22 | | the grounds set forth above, the court shall issue a
written |
23 | | finding. The State may pursue its right to appeal the |
24 | | decertification
pursuant to Supreme Court Rule 604(a)(1). If |
25 | | the court does not
decertify the case as a capital case, the |
26 | | matter shall proceed to the
eligibility phase of the sentencing |
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1 | | hearing.
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2 | | (i) Appellate Procedure.
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3 | | The conviction and sentence of death shall be subject to |
4 | | automatic
review by the Supreme Court. Such review shall be in |
5 | | accordance with
rules promulgated by the Supreme Court.
The |
6 | | Illinois Supreme Court may overturn the death sentence, and |
7 | | order the
imposition of imprisonment under Chapter V of the |
8 | | Unified Code of
Corrections if the court finds that the death |
9 | | sentence is fundamentally
unjust as applied to the particular |
10 | | case.
If the Illinois Supreme Court finds that the
death |
11 | | sentence is fundamentally unjust as applied to the particular |
12 | | case,
independent of any procedural grounds for relief, the |
13 | | Illinois Supreme Court
shall issue a written opinion explaining |
14 | | this finding.
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15 | | (j) Disposition of reversed death sentence.
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16 | | In the event that the death penalty in this Act is held to |
17 | | be
unconstitutional by the Supreme Court of the United States |
18 | | or of the
State of Illinois, any person convicted of first |
19 | | degree murder shall be
sentenced by the court to a term of |
20 | | imprisonment under Chapter V of the
Unified Code of |
21 | | Corrections.
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22 | | In the event that any death sentence pursuant to the |
23 | | sentencing
provisions of this Section is declared |
24 | | unconstitutional by the Supreme
Court of the United States or |
25 | | of the State of Illinois, the court having
jurisdiction over a |
26 | | person previously sentenced to death shall cause the
defendant |
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1 | | to be brought before the court, and the court shall sentence
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2 | | the defendant to a term of imprisonment under Chapter V of the
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3 | | Unified Code of Corrections.
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4 | | (k) Guidelines for seeking the death penalty.
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5 | | The Attorney General and
State's Attorneys Association |
6 | | shall consult on voluntary guidelines for
procedures governing |
7 | | whether or not to seek the death penalty. The guidelines
do not
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8 | | have the force of law and are only advisory in nature.
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9 | | (Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18; |
10 | | 100-513, eff. 1-1-18; revised 10-5-17.)
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11 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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12 | | Sec. 12-2. Aggravated assault.
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13 | | (a) Offense based on location of conduct. A person commits |
14 | | aggravated assault when he or she commits an assault against an |
15 | | individual who is on or about a public way, public property, a |
16 | | public place of accommodation or amusement, or a sports venue , |
17 | | or in a church, synagogue, mosque, or other building, |
18 | | structure, or place used for religious worship . |
19 | | (b) Offense based on status of victim. A person commits |
20 | | aggravated assault when, in committing an assault, he or she |
21 | | knows the individual assaulted to be any of the following: |
22 | | (1) A person with a physical disability or a person 60 |
23 | | years of age or older and the assault is without legal |
24 | | justification. |
25 | | (2) A teacher or school employee upon school grounds or |
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1 | | grounds adjacent to a school or in any part of a building |
2 | | used for school purposes. |
3 | | (3) A park district employee upon park grounds or |
4 | | grounds adjacent to a park or in any part of a building |
5 | | used for park purposes. |
6 | | (4) A community policing volunteer, private security |
7 | | officer, or utility worker: |
8 | | (i) performing his or her official duties; |
9 | | (ii) assaulted to prevent performance of his or her |
10 | | official duties; or |
11 | | (iii) assaulted in retaliation for performing his |
12 | | or her official duties. |
13 | | (4.1) A peace officer, fireman, emergency management |
14 | | worker, or emergency medical services personnel: |
15 | | (i) performing his or her official duties; |
16 | | (ii) assaulted to prevent performance of his or her |
17 | | official duties; or |
18 | | (iii) assaulted in retaliation for performing his |
19 | | or her official duties. |
20 | | (5) A correctional officer or probation officer: |
21 | | (i) performing his or her official duties; |
22 | | (ii) assaulted to prevent performance of his or her |
23 | | official duties; or |
24 | | (iii) assaulted in retaliation for performing his |
25 | | or her official duties. |
26 | | (6) A correctional institution employee, a county |
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1 | | juvenile detention center employee who provides direct and |
2 | | continuous supervision of residents of a juvenile |
3 | | detention center, including a county juvenile detention |
4 | | center employee who supervises recreational activity for |
5 | | residents of a juvenile detention center, or a Department |
6 | | of Human Services employee, Department of Human Services |
7 | | officer, or employee of a subcontractor of the Department |
8 | | of Human Services supervising or controlling sexually |
9 | | dangerous persons or sexually violent persons: |
10 | | (i) performing his or her official duties; |
11 | | (ii) assaulted to prevent performance of his or her |
12 | | official duties; or |
13 | | (iii) assaulted in retaliation for performing his |
14 | | or her official duties. |
15 | | (7) An employee of the State of Illinois, a municipal |
16 | | corporation therein, or a political subdivision thereof, |
17 | | performing his or her official duties. |
18 | | (8) A transit employee performing his or her official |
19 | | duties, or a transit passenger. |
20 | | (9) A sports official or coach actively participating |
21 | | in any level of athletic competition within a sports venue, |
22 | | on an indoor playing field or outdoor playing field, or |
23 | | within the immediate vicinity of such a facility or field. |
24 | | (10) A person authorized to serve process under Section |
25 | | 2-202 of the Code of Civil Procedure or a special process |
26 | | server appointed by the circuit court, while that |
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| | SB0561 Engrossed | - 18 - | LRB100 04864 RLC 14874 b |
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1 | | individual is in the performance of his or her duties as a |
2 | | process server. |
3 | | (c) Offense based on use of firearm, device, or motor |
4 | | vehicle. A person commits aggravated assault when, in |
5 | | committing an assault, he or she does any of the following: |
6 | | (1) Uses a deadly weapon, an air rifle as defined in |
7 | | Section 24.8-0.1 of this Act, or any device manufactured |
8 | | and designed to be substantially similar in appearance to a |
9 | | firearm, other than by discharging a firearm. |
10 | | (2) Discharges a firearm, other than from a motor |
11 | | vehicle. |
12 | | (3) Discharges a firearm from a motor vehicle. |
13 | | (4) Wears a hood, robe, or mask to conceal his or her |
14 | | identity. |
15 | | (5) Knowingly and without lawful justification shines |
16 | | or flashes a laser gun sight or other laser device attached |
17 | | to a firearm, or used in concert with a firearm, so that |
18 | | the laser beam strikes near or in the immediate vicinity of |
19 | | any person. |
20 | | (6) Uses a firearm, other than by discharging the |
21 | | firearm, against a peace officer, community policing |
22 | | volunteer, fireman, private security officer, emergency |
23 | | management worker, emergency medical services personnel, |
24 | | employee of a police department, employee of a sheriff's |
25 | | department, or traffic control municipal employee: |
26 | | (i) performing his or her official duties; |
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1 | | (ii) assaulted to prevent performance of his or her |
2 | | official duties; or |
3 | | (iii) assaulted in retaliation for performing his |
4 | | or her official duties. |
5 | | (7) Without justification operates a motor vehicle in a |
6 | | manner which places a person, other than a person listed in |
7 | | subdivision (b)(4), in reasonable apprehension of being |
8 | | struck by the moving motor vehicle. |
9 | | (8) Without justification operates a motor vehicle in a |
10 | | manner which places a person listed in subdivision (b)(4), |
11 | | in reasonable apprehension of being struck by the moving |
12 | | motor vehicle. |
13 | | (9) Knowingly video or audio records the offense with |
14 | | the intent to disseminate the recording. |
15 | | (d) Sentence. Aggravated assault as defined in subdivision |
16 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), |
17 | | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that |
18 | | aggravated assault as defined in subdivision (b)(4) and (b)(7) |
19 | | is a Class 4 felony if a Category I, Category II, or Category |
20 | | III weapon is used in the commission of the assault. Aggravated |
21 | | assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), |
22 | | (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. |
23 | | Aggravated assault as defined in subdivision (c)(3) or (c)(8) |
24 | | is a Class 3 felony. |
25 | | (e) For the purposes of this Section, "Category I weapon", |
26 | | "Category II weapon, and "Category III weapon" have the |
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1 | | meanings ascribed to those terms in Section 33A-1 of this Code.
|
2 | | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, |
3 | | eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; |
4 | | 99-816, eff. 8-15-16.)
|
5 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
|
6 | | Sec. 12-3.05. Aggravated battery.
|
7 | | (a) Offense based on injury. A person commits aggravated |
8 | | battery when, in committing a battery, other than by the |
9 | | discharge of a firearm, he or she knowingly does any of the |
10 | | following: |
11 | | (1) Causes great bodily harm or permanent disability or |
12 | | disfigurement. |
13 | | (2) Causes severe and permanent disability, great |
14 | | bodily harm, or disfigurement by means of a caustic or |
15 | | flammable substance, a poisonous gas, a deadly biological |
16 | | or chemical contaminant or agent, a radioactive substance, |
17 | | or a bomb or explosive compound. |
18 | | (3) Causes great bodily harm or permanent disability or |
19 | | disfigurement to an individual whom the person knows to be |
20 | | a peace officer, community policing volunteer, fireman, |
21 | | private security officer, correctional institution |
22 | | employee, or Department of Human Services employee |
23 | | supervising or controlling sexually dangerous persons or |
24 | | sexually violent persons: |
25 | | (i) performing his or her official duties; |
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1 | | (ii) battered to prevent performance of his or her |
2 | | official duties; or |
3 | | (iii) battered in retaliation for performing his |
4 | | or her official duties. |
5 | | (4) Causes great bodily harm or permanent disability or |
6 | | disfigurement to an individual 60 years of age or older. |
7 | | (5) Strangles another individual. |
8 | | (b) Offense based on injury to a child or person with an |
9 | | intellectual disability. A person who is at least 18 years of |
10 | | age commits aggravated battery when, in committing a battery, |
11 | | he or she knowingly and without legal justification by any |
12 | | means: |
13 | | (1) causes great bodily harm or permanent disability or |
14 | | disfigurement to any child under the age of 13 years, or to |
15 | | any person with a severe or profound intellectual |
16 | | disability; or |
17 | | (2) causes bodily harm or disability or disfigurement |
18 | | to any child under the age of 13 years or to any person |
19 | | with a severe or profound intellectual disability. |
20 | | (c) Offense based on location of conduct. A person commits |
21 | | aggravated battery when, in committing a battery, other than by |
22 | | the discharge of a firearm, he or she is or the person battered |
23 | | is on or about a public way, public property, a public place of |
24 | | accommodation or amusement, a sports venue, or a domestic |
25 | | violence shelter , or in a church, synagogue, mosque, or other |
26 | | building, structure, or place used for religious worship . |
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1 | | (d) Offense based on status of victim. A person commits |
2 | | aggravated battery when, in committing a battery, other than by |
3 | | discharge of a firearm, he or she knows the individual battered |
4 | | to be any of the following: |
5 | | (1) A person 60 years of age or older. |
6 | | (2) A person who is pregnant or has a physical |
7 | | disability. |
8 | | (3) A teacher or school employee upon school grounds or |
9 | | grounds adjacent to a school or in any part of a building |
10 | | used for school purposes. |
11 | | (4) A peace officer, community policing volunteer, |
12 | | fireman, private security officer, correctional |
13 | | institution employee, or Department of Human Services |
14 | | employee supervising or controlling sexually dangerous |
15 | | persons or sexually violent persons: |
16 | | (i) performing his or her official duties; |
17 | | (ii) battered to prevent performance of his or her |
18 | | official duties; or |
19 | | (iii) battered in retaliation for performing his |
20 | | or her official duties. |
21 | | (5) A judge, emergency management worker, emergency |
22 | | medical services personnel, or utility worker: |
23 | | (i) performing his or her official duties; |
24 | | (ii) battered to prevent performance of his or her |
25 | | official duties; or |
26 | | (iii) battered in retaliation for performing his |
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1 | | or her official duties. |
2 | | (6) An officer or employee of the State of Illinois, a |
3 | | unit of local government, or a school district, while |
4 | | performing his or her official duties. |
5 | | (7) A transit employee performing his or her official |
6 | | duties, or a transit passenger. |
7 | | (8) A taxi driver on duty. |
8 | | (9) A merchant who detains the person for an alleged |
9 | | commission of retail theft under Section 16-26 of this Code |
10 | | and the person without legal justification by any means |
11 | | causes bodily harm to the merchant. |
12 | | (10) A person authorized to serve process under Section |
13 | | 2-202 of the Code of Civil Procedure or a special process |
14 | | server appointed by the circuit court while that individual |
15 | | is in the performance of his or her duties as a process |
16 | | server. |
17 | | (11) A nurse while in the performance of his or her |
18 | | duties as a nurse. |
19 | | (e) Offense based on use of a firearm. A person commits |
20 | | aggravated battery when, in committing a battery, he or she |
21 | | knowingly does any of the following: |
22 | | (1) Discharges a firearm, other than a machine gun or a |
23 | | firearm equipped with a silencer, and causes any injury to |
24 | | another person. |
25 | | (2) Discharges a firearm, other than a machine gun or a |
26 | | firearm equipped with a silencer, and causes any injury to |
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1 | | a person he or she knows to be a peace officer, community |
2 | | policing volunteer, person summoned by a police officer, |
3 | | fireman, private security officer, correctional |
4 | | institution employee, or emergency management worker: |
5 | | (i) performing his or her official duties; |
6 | | (ii) battered to prevent performance of his or her |
7 | | official duties; or |
8 | | (iii) battered in retaliation for performing his |
9 | | or her official duties. |
10 | | (3) Discharges a firearm, other than a machine gun or a |
11 | | firearm equipped with a silencer, and causes any injury to |
12 | | a person he or she knows to be emergency medical services |
13 | | personnel: |
14 | | (i) performing his or her official duties; |
15 | | (ii) battered to prevent performance of his or her |
16 | | official duties; or |
17 | | (iii) battered in retaliation for performing his |
18 | | or her official duties. |
19 | | (4) Discharges a firearm and causes any injury to a |
20 | | person he or she knows to be a teacher, a student in a |
21 | | school, or a school employee, and the teacher, student, or |
22 | | employee is upon school grounds or grounds adjacent to a |
23 | | school or in any part of a building used for school |
24 | | purposes. |
25 | | (5) Discharges a machine gun or a firearm equipped with |
26 | | a silencer, and causes any injury to another person. |
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1 | | (6) Discharges a machine gun or a firearm equipped with |
2 | | a silencer, and causes any injury to a person he or she |
3 | | knows to be a peace officer, community policing volunteer, |
4 | | person summoned by a police officer, fireman, private |
5 | | security officer, correctional institution employee or |
6 | | emergency management worker: |
7 | | (i) performing his or her official duties; |
8 | | (ii) battered to prevent performance of his or her |
9 | | official duties; or |
10 | | (iii) battered in retaliation for performing his |
11 | | or her official duties. |
12 | | (7) Discharges a machine gun or a firearm equipped with |
13 | | a silencer, and causes any injury to a person he or she |
14 | | knows to be emergency medical services personnel: |
15 | | (i) performing his or her official duties; |
16 | | (ii) battered to prevent performance of his or her |
17 | | official duties; or |
18 | | (iii) battered in retaliation for performing his |
19 | | or her official duties. |
20 | | (8) Discharges a machine gun or a firearm equipped with |
21 | | a silencer, and causes any injury to a person he or she |
22 | | knows to be a teacher, or a student in a school, or a |
23 | | school employee, and the teacher, student, or employee is |
24 | | upon school grounds or grounds adjacent to a school or in |
25 | | any part of a building used for school purposes. |
26 | | (f) Offense based on use of a weapon or device. A person |
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1 | | commits aggravated battery when, in committing a battery, he or |
2 | | she does any of the following: |
3 | | (1) Uses a deadly weapon other than by discharge of a |
4 | | firearm, or uses an air rifle as defined in Section |
5 | | 24.8-0.1 of this Code. |
6 | | (2) Wears a hood, robe, or mask to conceal his or her |
7 | | identity. |
8 | | (3) Knowingly and without lawful justification shines |
9 | | or flashes a laser gunsight or other laser device attached |
10 | | to a firearm, or used in concert with a firearm, so that |
11 | | the laser beam strikes upon or against the person of |
12 | | another. |
13 | | (4) Knowingly video or audio records the offense with |
14 | | the intent to disseminate the recording. |
15 | | (g) Offense based on certain conduct. A person commits |
16 | | aggravated battery when, other than by discharge of a firearm, |
17 | | he or she does any of the following: |
18 | | (1) Violates Section 401 of the Illinois Controlled |
19 | | Substances Act by unlawfully delivering a controlled |
20 | | substance to another and any user experiences great bodily |
21 | | harm or permanent disability as a result of the injection, |
22 | | inhalation, or ingestion of any amount of the controlled |
23 | | substance. |
24 | | (2) Knowingly administers to an individual or causes |
25 | | him or her to take, without his or her consent or by threat |
26 | | or deception, and for other than medical purposes, any |
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1 | | intoxicating, poisonous, stupefying, narcotic, anesthetic, |
2 | | or controlled substance, or gives to another person any |
3 | | food containing any substance or object intended to cause |
4 | | physical injury if eaten. |
5 | | (3) Knowingly causes or attempts to cause a |
6 | | correctional institution employee or Department of Human |
7 | | Services employee to come into contact with blood, seminal |
8 | | fluid, urine, or feces by throwing, tossing, or expelling |
9 | | the fluid or material, and the person is an inmate of a |
10 | | penal institution or is a sexually dangerous person or |
11 | | sexually violent person in the custody of the Department of |
12 | | Human Services. |
13 | | (h) Sentence. Unless otherwise provided, aggravated |
14 | | battery is a Class 3 felony. |
15 | | Aggravated battery as defined in subdivision (a)(4), |
16 | | (d)(4), or (g)(3) is a Class 2 felony. |
17 | | Aggravated battery as defined in subdivision (a)(3) or |
18 | | (g)(1) is a Class 1 felony. |
19 | | Aggravated battery as defined in subdivision (a)(1) is a |
20 | | Class 1 felony when the aggravated battery was intentional and |
21 | | involved the infliction of torture, as defined in paragraph |
22 | | (14) of subsection (b) of Section 9-1 of this Code, as the |
23 | | infliction of or subjection to extreme physical pain, motivated |
24 | | by an intent to increase or prolong the pain, suffering, or |
25 | | agony of the victim. |
26 | | Aggravated battery as defined in subdivision (a)(1) is a |
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1 | | Class 1 felony when the person causes great bodily harm or |
2 | | permanent disability to an individual whom the person knows to |
3 | | be a member of a congregation engaged in prayer or other |
4 | | religious activities at a church, synagogue, mosque, or other |
5 | | building, structure, or place used for religious worship. |
6 | | Aggravated battery under subdivision (a)(5) is a
Class 1 |
7 | | felony if: |
8 | | (A) the person used or attempted to use a dangerous
|
9 | | instrument while committing the offense; or |
10 | | (B) the person caused great bodily harm or
permanent |
11 | | disability or disfigurement to the other
person while |
12 | | committing the offense; or |
13 | | (C) the person has been previously convicted of a
|
14 | | violation of subdivision (a)(5) under the laws of this
|
15 | | State or laws similar to subdivision (a)(5) of any other
|
16 | | state. |
17 | | Aggravated battery as defined in subdivision (e)(1) is a |
18 | | Class X felony. |
19 | | Aggravated battery as defined in subdivision (a)(2) is a |
20 | | Class X felony for which a person shall be sentenced to a term |
21 | | of imprisonment of a minimum of 6 years and a maximum of 45 |
22 | | years. |
23 | | Aggravated battery as defined in subdivision (e)(5) is a |
24 | | Class X felony for which a person shall be sentenced to a term |
25 | | of imprisonment of a minimum of 12 years and a maximum of 45 |
26 | | years. |
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1 | | Aggravated battery as defined in subdivision (e)(2), |
2 | | (e)(3), or (e)(4) is a Class X felony for which a person shall |
3 | | be sentenced to a term of imprisonment of a minimum of 15 years |
4 | | and a maximum of 60 years. |
5 | | Aggravated battery as defined in subdivision (e)(6), |
6 | | (e)(7), or (e)(8) is a Class X felony for which a person shall |
7 | | be sentenced to a term of imprisonment of a minimum of 20 years |
8 | | and a maximum of 60 years. |
9 | | Aggravated battery as defined in subdivision (b)(1) is a |
10 | | Class X felony, except that: |
11 | | (1) if the person committed the offense while armed |
12 | | with a firearm, 15 years shall be added to the term of |
13 | | imprisonment imposed by the court; |
14 | | (2) if, during the commission of the offense, the |
15 | | person personally discharged a firearm, 20 years shall be |
16 | | added to the term of imprisonment imposed by the court; |
17 | | (3) if, during the commission of the offense, the |
18 | | person personally discharged a firearm that proximately |
19 | | caused great bodily harm, permanent disability, permanent |
20 | | disfigurement, or death to another person, 25 years or up |
21 | | to a term of natural life shall be added to the term of |
22 | | imprisonment imposed by the court. |
23 | | (i) Definitions. For the purposes of this Section: |
24 | | "Building or other structure used to provide shelter" has |
25 | | the meaning ascribed to "shelter" in Section 1 of the Domestic |
26 | | Violence Shelters Act. |
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1 | | "Domestic violence" has the meaning ascribed to it in |
2 | | Section 103 of the Illinois Domestic Violence Act of 1986. |
3 | | "Domestic violence shelter" means any building or other |
4 | | structure used to provide shelter or other services to victims |
5 | | or to the dependent children of victims of domestic violence |
6 | | pursuant to the Illinois Domestic Violence Act of 1986 or the |
7 | | Domestic Violence Shelters Act, or any place within 500 feet of |
8 | | such a building or other structure in the case of a person who |
9 | | is going to or from such a building or other structure. |
10 | | "Firearm" has the meaning provided under Section 1.1
of the |
11 | | Firearm Owners Identification Card Act, and does
not include an |
12 | | air rifle as defined by Section 24.8-0.1 of this Code. |
13 | | "Machine gun" has the meaning ascribed to it in Section |
14 | | 24-1 of this Code. |
15 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 |
16 | | of this Code. |
17 | | "Strangle" means
intentionally impeding the normal |
18 | | breathing or circulation of the blood of an individual by |
19 | | applying pressure on the throat
or neck of that individual or |
20 | | by blocking the nose or mouth of
that individual.
|
21 | | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, |
22 | | eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
|
23 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
|
24 | | Sec. 24-1. Unlawful use of weapons.
|
25 | | (a) A person commits the offense of unlawful use of weapons |
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1 | | when
he knowingly:
|
2 | | (1) Sells, manufactures, purchases, possesses or |
3 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
4 | | sand-bag, metal knuckles or other knuckle weapon |
5 | | regardless of its composition, throwing star,
or any knife, |
6 | | commonly referred to as a switchblade knife, which has a
|
7 | | blade that opens automatically by hand pressure applied to |
8 | | a button,
spring or other device in the handle of the |
9 | | knife, or a ballistic knife,
which is a device that propels |
10 | | a knifelike blade as a projectile by means
of a coil |
11 | | spring, elastic material or compressed gas; or
|
12 | | (2) Carries or possesses with intent to use the same |
13 | | unlawfully
against another, a dagger, dirk, billy, |
14 | | dangerous knife, razor,
stiletto, broken bottle or other |
15 | | piece of glass, stun gun or taser or
any other dangerous or |
16 | | deadly weapon or instrument of like character; or
|
17 | | (2.5) Carries or possesses with intent to use the same |
18 | | unlawfully against another, any firearm, knife, or other |
19 | | dangerous weapon, in any school, church, synagogue, |
20 | | mosque, or other building, structure, or place used for |
21 | | religious worship; or |
22 | | (3) Carries on or about his person or in any vehicle, a |
23 | | tear gas gun
projector or bomb or any object containing |
24 | | noxious liquid gas or
substance, other than an object |
25 | | containing a non-lethal noxious liquid gas
or substance |
26 | | designed solely for personal defense carried by a person 18
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1 | | years of age or older; or
|
2 | | (4) Carries or possesses in any vehicle or concealed on |
3 | | or about his
person except when on his land or in his own |
4 | | abode, legal dwelling, or fixed place of
business, or on |
5 | | the land or in the legal dwelling of another person as an |
6 | | invitee with that person's permission, any pistol, |
7 | | revolver, stun gun or taser or other firearm, except
that
|
8 | | this subsection (a) (4) does not apply to or affect |
9 | | transportation of weapons
that meet one of the following |
10 | | conditions:
|
11 | | (i) are broken down in a non-functioning state; or
|
12 | | (ii) are not immediately accessible; or
|
13 | | (iii) are unloaded and enclosed in a case, firearm |
14 | | carrying box,
shipping box, or other container by a |
15 | | person who has been issued a currently
valid Firearm |
16 | | Owner's
Identification Card; or |
17 | | (iv) are carried or possessed in accordance with |
18 | | the Firearm Concealed Carry Act by a person who has |
19 | | been issued a currently valid license under the Firearm |
20 | | Concealed Carry Act; or
|
21 | | (5) Sets a spring gun; or
|
22 | | (6) Possesses any device or attachment of any kind |
23 | | designed, used or
intended for use in silencing the report |
24 | | of any firearm; or
|
25 | | (7) Sells, manufactures, purchases, possesses or |
26 | | carries:
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1 | | (i) a machine gun, which shall be defined for the |
2 | | purposes of this
subsection as any weapon,
which |
3 | | shoots, is designed to shoot, or can be readily |
4 | | restored to shoot,
automatically more than one shot |
5 | | without manually reloading by a single
function of the |
6 | | trigger, including the frame or receiver
of any such |
7 | | weapon, or sells, manufactures, purchases, possesses, |
8 | | or
carries any combination of parts designed or |
9 | | intended for
use in converting any weapon into a |
10 | | machine gun, or any combination or
parts from which a |
11 | | machine gun can be assembled if such parts are in the
|
12 | | possession or under the control of a person;
|
13 | | (ii) any rifle having one or
more barrels less than |
14 | | 16 inches in length or a shotgun having one or more
|
15 | | barrels less than 18 inches in length or any weapon |
16 | | made from a rifle or
shotgun, whether by alteration, |
17 | | modification, or otherwise, if such a weapon
as |
18 | | modified has an overall length of less than 26 inches; |
19 | | or
|
20 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
21 | | other container containing an
explosive substance of |
22 | | over one-quarter ounce for like purposes, such
as, but |
23 | | not limited to, black powder bombs and Molotov |
24 | | cocktails or
artillery projectiles; or
|
25 | | (8) Carries or possesses any firearm, stun gun or taser |
26 | | or other
deadly weapon in any place which is licensed to |
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1 | | sell intoxicating
beverages, or at any public gathering |
2 | | held pursuant to a license issued
by any governmental body |
3 | | or any public gathering at which an admission
is charged, |
4 | | excluding a place where a showing, demonstration or lecture
|
5 | | involving the exhibition of unloaded firearms is |
6 | | conducted.
|
7 | | This subsection (a)(8) does not apply to any auction or |
8 | | raffle of a firearm
held pursuant to
a license or permit |
9 | | issued by a governmental body, nor does it apply to persons
|
10 | | engaged
in firearm safety training courses; or
|
11 | | (9) Carries or possesses in a vehicle or on or about |
12 | | his person any
pistol, revolver, stun gun or taser or |
13 | | firearm or ballistic knife, when
he is hooded, robed or |
14 | | masked in such manner as to conceal his identity; or
|
15 | | (10) Carries or possesses on or about his person, upon |
16 | | any public street,
alley, or other public lands within the |
17 | | corporate limits of a city, village
or incorporated town, |
18 | | except when an invitee thereon or therein, for the
purpose |
19 | | of the display of such weapon or the lawful commerce in |
20 | | weapons, or
except when on his land or in his own abode, |
21 | | legal dwelling, or fixed place of business, or on the land |
22 | | or in the legal dwelling of another person as an invitee |
23 | | with that person's permission, any
pistol, revolver, stun |
24 | | gun or taser or other firearm, except that this
subsection |
25 | | (a) (10) does not apply to or affect transportation of |
26 | | weapons that
meet one of the following conditions:
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1 | | (i) are broken down in a non-functioning state; or
|
2 | | (ii) are not immediately accessible; or
|
3 | | (iii) are unloaded and enclosed in a case, firearm |
4 | | carrying box,
shipping box, or other container by a |
5 | | person who has been issued a currently
valid Firearm |
6 | | Owner's
Identification Card; or
|
7 | | (iv) are carried or possessed in accordance with |
8 | | the Firearm Concealed Carry Act by a person who has |
9 | | been issued a currently valid license under the Firearm |
10 | | Concealed Carry Act. |
11 | | A "stun gun or taser", as used in this paragraph (a) |
12 | | means (i) any device
which is powered by electrical |
13 | | charging units, such as, batteries, and
which fires one or |
14 | | several barbs attached to a length of wire and
which, upon |
15 | | hitting a human, can send out a current capable of |
16 | | disrupting
the person's nervous system in such a manner as |
17 | | to render him incapable of
normal functioning or (ii) any |
18 | | device which is powered by electrical
charging units, such |
19 | | as batteries, and which, upon contact with a human or
|
20 | | clothing worn by a human, can send out current capable of |
21 | | disrupting
the person's nervous system in such a manner as |
22 | | to render him incapable
of normal functioning; or
|
23 | | (11) Sells, manufactures or purchases any explosive |
24 | | bullet. For purposes
of this paragraph (a) "explosive |
25 | | bullet" means the projectile portion of
an ammunition |
26 | | cartridge which contains or carries an explosive charge |
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1 | | which
will explode upon contact with the flesh of a human |
2 | | or an animal.
"Cartridge" means a tubular metal case having |
3 | | a projectile affixed at the
front thereof and a cap or |
4 | | primer at the rear end thereof, with the
propellant |
5 | | contained in such tube between the projectile and the cap; |
6 | | or
|
7 | | (12) (Blank); or
|
8 | | (13) Carries or possesses on or about his or her person |
9 | | while in a building occupied by a unit of government, a |
10 | | billy club, other weapon of like character, or other |
11 | | instrument of like character intended for use as a weapon. |
12 | | For the purposes of this Section, "billy club" means a |
13 | | short stick or club commonly carried by police officers |
14 | | which is either telescopic or constructed of a solid piece |
15 | | of wood or other man-made material. |
16 | | (b) Sentence. A person convicted of a violation of |
17 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
|
18 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
19 | | Class A
misdemeanor.
A person convicted of a violation of |
20 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
21 | | person
convicted of a violation of subsection 24-1(a)(6) or |
22 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
23 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
24 | | Class 2 felony and shall be sentenced to a term of imprisonment |
25 | | of not less than 3 years and not more than 7 years, unless the |
26 | | weapon is possessed in the
passenger compartment of a motor |
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1 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
2 | | Code, or on the person, while the weapon is loaded, in which
|
3 | | case it shall be a Class X felony. A person convicted of a
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4 | | second or subsequent violation of subsection 24-1(a)(4), |
5 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
6 | | felony. A person convicted of a violation of subsection |
7 | | 24-1(a)(2.5) commits a Class 2 felony. The possession of each |
8 | | weapon in violation of this Section constitutes a single and |
9 | | separate violation.
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10 | | (c) Violations in specific places.
|
11 | | (1) A person who violates subsection 24-1(a)(6) or |
12 | | 24-1(a)(7) in any
school, regardless of the time of day or |
13 | | the time of year, in residential
property owned, operated |
14 | | or managed by a public housing agency or
leased by
a public |
15 | | housing agency as part of a scattered site or mixed-income
|
16 | | development, in a
public park, in a courthouse, on the real |
17 | | property comprising any school,
regardless of the
time of |
18 | | day or the time of year, on residential property owned, |
19 | | operated
or
managed by a public housing agency
or leased by |
20 | | a public housing agency as part of a scattered site or
|
21 | | mixed-income development,
on the real property comprising |
22 | | any
public park, on the real property comprising any |
23 | | courthouse, in any conveyance
owned, leased or contracted |
24 | | by a school to
transport students to or from school or a |
25 | | school related activity, in any conveyance
owned, leased, |
26 | | or contracted by a public transportation agency, or on any
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1 | | public way within 1,000 feet of the real property |
2 | | comprising any school,
public park, courthouse, public |
3 | | transportation facility, or residential property owned, |
4 | | operated, or managed
by a public housing agency
or leased |
5 | | by a public housing agency as part of a scattered site or
|
6 | | mixed-income development
commits a Class 2 felony and shall |
7 | | be sentenced to a term of imprisonment of not less than 3 |
8 | | years and not more than 7 years.
|
9 | | (1.5) A person who violates subsection 24-1(a)(4), |
10 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
11 | | time of day or the time of year,
in residential property |
12 | | owned, operated, or managed by a public
housing
agency
or |
13 | | leased by a public housing agency as part of a scattered |
14 | | site or
mixed-income development,
in
a public
park, in a |
15 | | courthouse, on the real property comprising any school, |
16 | | regardless
of the time of day or the time of year, on |
17 | | residential property owned,
operated, or managed by a |
18 | | public housing agency
or leased by a public housing agency |
19 | | as part of a scattered site or
mixed-income development,
on |
20 | | the real property
comprising any public park, on the real |
21 | | property comprising any courthouse, in
any conveyance |
22 | | owned, leased, or contracted by a school to transport |
23 | | students
to or from school or a school related activity, in |
24 | | any conveyance
owned, leased, or contracted by a public |
25 | | transportation agency, or on any public way within
1,000 |
26 | | feet of the real property comprising any school, public |
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1 | | park, courthouse,
public transportation facility, or |
2 | | residential property owned, operated, or managed by a |
3 | | public
housing agency
or leased by a public housing agency |
4 | | as part of a scattered site or
mixed-income development
|
5 | | commits a Class 3 felony.
|
6 | | (2) A person who violates subsection 24-1(a)(1), |
7 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
8 | | time of day or the time of year, in
residential property |
9 | | owned, operated or managed by a public housing
agency
or |
10 | | leased by a public housing agency as part of a scattered |
11 | | site or
mixed-income development,
in
a public park, in a |
12 | | courthouse, on the real property comprising any school,
|
13 | | regardless of the time of day or the time of year, on |
14 | | residential property
owned, operated or managed by a public |
15 | | housing agency
or leased by a public housing agency as part |
16 | | of a scattered site or
mixed-income development,
on the |
17 | | real property
comprising any public park, on the real |
18 | | property comprising any courthouse, in
any conveyance |
19 | | owned, leased or contracted by a school to transport |
20 | | students
to or from school or a school related activity, in |
21 | | any conveyance
owned, leased, or contracted by a public |
22 | | transportation agency, or on any public way within
1,000 |
23 | | feet of the real property comprising any school, public |
24 | | park, courthouse,
public transportation facility, or |
25 | | residential property owned, operated, or managed by a |
26 | | public
housing agency or leased by a public housing agency |
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1 | | as part of a scattered
site or mixed-income development |
2 | | commits a Class 4 felony. "Courthouse"
means any building |
3 | | that is used by the Circuit, Appellate, or Supreme Court of
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4 | | this State for the conduct of official business.
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5 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
6 | | (c) shall not
apply to law
enforcement officers or security |
7 | | officers of such school, college, or
university or to |
8 | | students carrying or possessing firearms for use in |
9 | | training
courses, parades, hunting, target shooting on |
10 | | school ranges, or otherwise with
the consent of school |
11 | | authorities and which firearms are transported unloaded
|
12 | | enclosed in a suitable case, box, or transportation |
13 | | package.
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14 | | (4) For the purposes of this subsection (c), "school" |
15 | | means any public or
private elementary or secondary school, |
16 | | community college, college, or
university.
|
17 | | (5) For the purposes of this subsection (c), "public |
18 | | transportation agency" means a public or private agency |
19 | | that provides for the transportation or conveyance of
|
20 | | persons by means available to the general public, except |
21 | | for transportation
by automobiles not used for conveyance |
22 | | of the general public as passengers; and "public |
23 | | transportation facility" means a terminal or other place
|
24 | | where one may obtain public transportation.
|
25 | | (d) The presence in an automobile other than a public |
26 | | omnibus of any
weapon, instrument or substance referred to in |
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1 | | subsection (a)(7) is
prima facie evidence that it is in the |
2 | | possession of, and is being
carried by, all persons occupying |
3 | | such automobile at the time such
weapon, instrument or |
4 | | substance is found, except under the following
circumstances: |
5 | | (i) if such weapon, instrument or instrumentality is
found upon |
6 | | the person of one of the occupants therein; or (ii) if such
|
7 | | weapon, instrument or substance is found in an automobile |
8 | | operated for
hire by a duly licensed driver in the due, lawful |
9 | | and proper pursuit of
his trade, then such presumption shall |
10 | | not apply to the driver.
|
11 | | (e) Exemptions. |
12 | | (1) Crossbows, Common or Compound bows and Underwater
|
13 | | Spearguns are exempted from the definition of ballistic |
14 | | knife as defined in
paragraph (1) of subsection (a) of this |
15 | | Section. |
16 | | (2) The provision of paragraph (1) of subsection (a) of |
17 | | this Section prohibiting the sale, manufacture, purchase, |
18 | | possession, or carrying of any knife, commonly referred to |
19 | | as a switchblade knife, which has a
blade that opens |
20 | | automatically by hand pressure applied to a button,
spring |
21 | | or other device in the handle of the knife, does not apply |
22 | | to a person who possesses a currently valid Firearm Owner's |
23 | | Identification Card previously issued in his or her name by |
24 | | the Department of State Police or to a person or an entity |
25 | | engaged in the business of selling or manufacturing |
26 | | switchblade knives.
|