Bill Text: IL SB1858 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012 and the Unified Code of Corrections. Eliminates mandatory sentences of natural life imprisonment for persons convicted of offenses committed before they attain 18 years of age. Provides that a person who was under 18 years of age at the time of an offense, may, after serving 15 years of his or her sentence of either life imprisonment or a term of 40 years or longer of imprisonment, submit a motion in the circuit court of the county in which he or she was originally sentenced for resentencing. Provides that the petitioner shall be eligible to file a second motion for resentencing not sooner than 10 years or longer than 20 years as determined by the court at the first resentencing hearing. Provides that the petitioner may file a motion seeking leave for resentencing upon reaching the age of 60. Establishes procedures and factors that the court shall use in considering the motion. Provides that on or after the effective date of the amendatory Act, when a person was under 18 years of age at the time of the commission of an offense, the court, at the sentencing hearing, shall consider specified factors in determining the appropriate sentence. Provides that no retroactive resentencing hearing shall be conducted until one year after the effective date of the amendatory Act. Provides that within one year of the effective date of the amendatory Act, the Illinois Juvenile Justice Commission shall present the General Assembly with evidence-based findings regarding the effects of sentencing minors as adults. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1858 Detail]

Download: Illinois-2013-SB1858-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1858 Introduced 2/15/2013, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
See Index
Amends the Criminal Code of 2012 and the Unified Code of Corrections. Eliminates mandatory sentences of natural life imprisonment for persons convicted of offenses committed before they attain 18 years of age. Provides that a person who was under 18 years of age at the time of an offense, may, after serving 15 years of his or her sentence of either life imprisonment or a term of 40 years or longer of imprisonment, submit a motion in the circuit court of the county in which he or she was originally sentenced for resentencing. Provides that the petitioner shall be eligible to file a second motion for resentencing not sooner than 10 years or longer than 20 years as determined by the court at the first resentencing hearing. Provides that the petitioner may file a motion seeking leave for resentencing upon reaching the age of 60. Establishes procedures and factors that the court shall use in considering the motion. Provides that on or after the effective date of the amendatory Act, when a person was under 18 years of age at the time of the commission of an offense, the court, at the sentencing hearing, shall consider specified factors in determining the appropriate sentence. Provides that no retroactive resentencing hearing shall be conducted until one year after the effective date of the amendatory Act. Provides that within one year of the effective date of the amendatory Act, the Illinois Juvenile Justice Commission shall present the General Assembly with evidence-based findings regarding the effects of sentencing minors as adults. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
SB1858 LRB098 06111 RLC 40633 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Sections 10-2, 11-1.20, 11-1.30, 11-1.40, 12-33, 29D-14.9, and
29D-35 as follows:
(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
Sec. 10-2. Aggravated kidnaping.
(a) A person commits the offense of aggravated kidnaping
when he or she commits kidnapping and:
(1) kidnaps with the intent to obtain ransom from the
person kidnaped or from any other person;
(2) takes as his or her victim a child under the age of
13 years, or a severely or profoundly intellectually
disabled person;
(3) inflicts great bodily harm, other than by the
discharge of a firearm, or commits another felony upon his
or her victim;
(4) wears a hood, robe, or mask or conceals his or her
identity;
(5) commits the offense of kidnaping while armed with a
dangerous weapon, other than a firearm, as defined in
Section 33A-1 of this Code;

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(6) commits the offense of kidnaping while armed with a
firearm;
(7) during the commission of the offense of kidnaping,
personally discharges a firearm; or
(8) during the commission of the offense of kidnaping,
personally discharges a firearm that proximately causes
great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
As used in this Section, "ransom" includes money, benefit,
or other valuable thing or concession.
(b) Sentence. Aggravated kidnaping in violation of
paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
Class X felony. A violation of subsection (a)(6) is a Class X
felony for which 15 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection
(a)(7) is a Class X felony for which 20 years shall be added to
the term of imprisonment imposed by the court. A violation of
subsection (a)(8) is a Class X felony for which 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court. An offender under the age of
18 years at the time of the commission of aggravated kidnaping
in violation of paragraphs (1) through (8) of subsection (a)
commits a Class X felony and shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
A person who has attained the age of 18 years at the time
of the commission of the offense and who is convicted of a

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second or subsequent offense of aggravated kidnaping shall be
sentenced to a term of natural life imprisonment; except that a
sentence of natural life imprisonment shall not be imposed
under this Section unless the second or subsequent offense was
committed after conviction on the first offense. An offender
under the age of 18 years at the time of the commission of the
second or subsequent offense shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
Sec. 11-1.20. Criminal Sexual Assault.
(a) A person commits criminal sexual assault if that person
commits an act of sexual penetration and:
(1) uses force or threat of force;
(2) knows that the victim is unable to understand the
nature of the act or is unable to give knowing consent;
(3) is a family member of the victim, and the victim is
under 18 years of age; or
(4) is 17 years of age or over and holds a position of
trust, authority, or supervision in relation to the victim,
and the victim is at least 13 years of age but under 18
years of age.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony, except
that:

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(A) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1)
or (a)(2) after having previously been convicted of the
offense of criminal sexual assault or the offense of
exploitation of a child, or who is convicted of the
offense of criminal sexual assault as defined in
paragraph (a)(1) or (a)(2) after having previously
been convicted under the laws of this State or any
other state of an offense that is substantially
equivalent to the offense of criminal sexual assault or
to the offense of exploitation of a child, commits a
Class X felony for which the person shall be sentenced
to a term of imprisonment of not less than 30 years and
not more than 60 years, except that where the person is
under the age of 18 years at the time of the offense,
he or she shall be sentenced under Section 5-4.5-105 of
the Unified Code of Corrections. The commission of the
second or subsequent offense is required to have been
after the initial conviction for this paragraph (A) to
apply.
(B) A person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted of the offense of criminal sexual assault as
defined in paragraph (a)(1) or (a)(2) after having
previously been convicted of the offense of aggravated
criminal sexual assault or the offense of predatory

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criminal sexual assault of a child, or who is convicted
of the offense of criminal sexual assault as defined in
paragraph (a)(1) or (a)(2) after having previously
been convicted under the laws of this State or any
other state of an offense that is substantially
equivalent to the offense of aggravated criminal
sexual assault or the offense of predatory criminal
sexual assault of a child shall be sentenced to a term
of natural life imprisonment. The commission of the
second or subsequent offense is required to have been
after the initial conviction for this paragraph (B) to
apply. An offender under the age of 18 years at the
time of the commission of the offense covered by this
subparagraph (B) shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
(C) A second or subsequent conviction for a
violation of paragraph (a)(3) or (a)(4) or under any
similar statute of this State or any other state for
any offense involving criminal sexual assault that is
substantially equivalent to or more serious than the
sexual assault prohibited under paragraph (a)(3) or
(a)(4) is a Class X felony.
(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)
(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
Sec. 11-1.30. Aggravated Criminal Sexual Assault.

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(a) A person commits aggravated criminal sexual assault if
that person commits criminal sexual assault and any of the
following aggravating circumstances exist during the
commission of the offense or, for purposes of paragraph (7),
occur as part of the same course of conduct as the commission
of the offense:
(1) the person displays, threatens to use, or uses a
dangerous weapon, other than a firearm, or any other object
fashioned or used in a manner that leads the victim, under
the circumstances, reasonably to believe that the object is
a dangerous weapon;
(2) the person causes bodily harm to the victim, except
as provided in paragraph (10);
(3) the person acts in a manner that threatens or
endangers the life of the victim or any other person;
(4) the person commits the criminal sexual assault
during the course of committing or attempting to commit any
other felony;
(5) the victim is 60 years of age or older;
(6) the victim is a physically handicapped person;
(7) the person delivers (by injection, inhalation,
ingestion, transfer of possession, or any other means) any
controlled substance to the victim without the victim's
consent or by threat or deception for other than medical
purposes;
(8) the person is armed with a firearm;

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(9) the person personally discharges a firearm during
the commission of the offense; or
(10) the person personally discharges a firearm during
the commission of the offense, and that discharge
proximately causes great bodily harm, permanent
disability, permanent disfigurement, or death to another
person.
(b) A person commits aggravated criminal sexual assault if
that person is under 17 years of age and: (i) commits an act of
sexual penetration with a victim who is under 9 years of age;
or (ii) commits an act of sexual penetration with a victim who
is at least 9 years of age but under 13 years of age and the
person uses force or threat of force to commit the act.
(c) A person commits aggravated criminal sexual assault if
that person commits an act of sexual penetration with a victim
who is a severely or profoundly intellectually disabled person.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation of
paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
or in violation of subsection (b) or (c) is a Class X
felony. A violation of subsection (a)(1) is a Class X
felony for which 10 years shall be added to the term of
imprisonment imposed by the court. A violation of
subsection (a)(8) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(9) is a Class X felony

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for which 20 years shall be added to the term of
imprisonment imposed by the court. A violation of
subsection (a)(10) is a Class X felony for which 25 years
or up to a term of natural life imprisonment shall be added
to the term of imprisonment imposed by the court. An
offender under the age of 18 years at the time of the
commission of aggravated criminal sexual assault in
violation of paragraphs (1) through (10) of subsection (a)
commits a Class X felony and shall be sentenced under
Section 5-4.5-105 of the Unified Code of Corrections.
(2) A person who has attained the age of 18 years at
the time of the commission of the offense and who is
convicted of a second or subsequent offense of aggravated
criminal sexual assault, or who is convicted of the offense
of aggravated criminal sexual assault after having
previously been convicted of the offense of criminal sexual
assault or the offense of predatory criminal sexual assault
of a child, or who is convicted of the offense of
aggravated criminal sexual assault after having previously
been convicted under the laws of this or any other state of
an offense that is substantially equivalent to the offense
of criminal sexual assault, the offense of aggravated
criminal sexual assault or the offense of predatory
criminal sexual assault of a child, shall be sentenced to a
term of natural life imprisonment. The commission of the
second or subsequent offense is required to have been after

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the initial conviction for this paragraph (2) to apply. An
offender under the age of 18 years at the time of the
commission of the offense covered by this subparagraph (2)
shall be sentenced under Section 5-4.5-105 of the Unified
Code of Corrections.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
1-1-12; 97-1109, eff. 1-1-13.)
(720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
Sec. 11-1.40. Predatory criminal sexual assault of a child.
(a) A person commits predatory criminal sexual assault of a
child if that person commits an act of sexual penetration, is
17 years of age or older, and:
(1) the victim is under 13 years of age; or
(2) the victim is under 13 years of age and that
person:
(A) is armed with a firearm;
(B) personally discharges a firearm during the
commission of the offense;
(C) causes great bodily harm to the victim that:
(i) results in permanent disability; or
(ii) is life threatening; or
(D) delivers (by injection, inhalation, ingestion,
transfer of possession, or any other means) any
controlled substance to the victim without the
victim's consent or by threat or deception, for other

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than medical purposes.
(b) Sentence.
(1) A person convicted of a violation of subsection
(a)(1) commits a Class X felony, for which the person shall
be sentenced to a term of imprisonment of not less than 6
years and not more than 60 years. A person convicted of a
violation of subsection (a)(2)(A) commits a Class X felony
for which 15 years shall be added to the term of
imprisonment imposed by the court. A person convicted of a
violation of subsection (a)(2)(B) commits a Class X felony
for which 20 years shall be added to the term of
imprisonment imposed by the court. A person who has
attained the age of 18 years at the time of the commission
of the offense and who is convicted of a violation of
subsection (a)(2)(C) commits a Class X felony for which the
person shall be sentenced to a term of imprisonment of not
less than 50 years or up to a term of natural life
imprisonment. An offender under the age of 18 years at the
time of the commission of predatory criminal sexual assault
of a child in violation of subsections (a) (1), (a) (2)
(A), (a) (2) (B), and (a)(2)(C) commits a Class X felony
and shall be sentenced under Section 5-4.5-105 of the
Unified Code of Corrections.
(1.1) A person convicted of a violation of subsection
(a)(2)(D) commits a Class X felony for which the person
shall be sentenced to a term of imprisonment of not less

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than 50 years and not more than 60 years. An offender under
the age of 18 years at the time of the commission of
predatory criminal sexual assault of a child in violation
of subsection (a) (2) (D) commits a Class X felony and
shall be sentenced under Section 5-4.5-105 of the Unified
Code of Corrections.
(1.2) A person who has attained the age of 18 years at
the time of the commission of the offense and who is
convicted of predatory criminal sexual assault of a child
committed against 2 or more persons regardless of whether
the offenses occurred as the result of the same act or of
several related or unrelated acts shall be sentenced to a
term of natural life imprisonment and an offender under the
age of 18 years at the time of the commission of the
offense shall be sentenced under Section 5-4.5-105 of the
Unified Code of Corrections.
(2) A person who has attained the age of 18 years at
the time of the commission of the offense and who is
convicted of a second or subsequent offense of predatory
criminal sexual assault of a child, or who is convicted of
the offense of predatory criminal sexual assault of a child
after having previously been convicted of the offense of
criminal sexual assault or the offense of aggravated
criminal sexual assault, or who is convicted of the offense
of predatory criminal sexual assault of a child after
having previously been convicted under the laws of this

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State or any other state of an offense that is
substantially equivalent to the offense of predatory
criminal sexual assault of a child, the offense of
aggravated criminal sexual assault or the offense of
criminal sexual assault, shall be sentenced to a term of
natural life imprisonment. The commission of the second or
subsequent offense is required to have been after the
initial conviction for this paragraph (2) to apply. An
offender under the age of 18 years at the time of the
commission of the offense covered by this subparagraph (2)
shall be sentenced under Section 5-4.5-105 of the Unified
Code of Corrections.
(Source: P.A. 95-640, eff. 6-1-08; 96-1551, eff. 7-1-11.)
(720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
Sec. 12-33. Ritualized abuse of a child.
(a) A person commits ritualized abuse of a child when he or
she knowingly commits any of the following acts with, upon, or
in the presence of a child as part of a ceremony, rite or any
similar observance:
(1) actually or in simulation, tortures, mutilates, or
sacrifices any warm-blooded animal or human being;
(2) forces ingestion, injection or other application
of any narcotic, drug, hallucinogen or anaesthetic for the
purpose of dulling sensitivity, cognition, recollection
of, or resistance to any criminal activity;

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(3) forces ingestion, or external application, of
human or animal urine, feces, flesh, blood, bones, body
secretions, nonprescribed drugs or chemical compounds;
(4) involves the child in a mock, unauthorized or
unlawful marriage ceremony with another person or
representation of any force or deity, followed by sexual
contact with the child;
(5) places a living child into a coffin or open grave
containing a human corpse or remains;
(6) threatens death or serious harm to a child, his or
her parents, family, pets, or friends that instills a
well-founded fear in the child that the threat will be
carried out; or
(7) unlawfully dissects, mutilates, or incinerates a
human corpse.
(b) The provisions of this Section shall not be construed
to apply to:
(1) lawful agricultural, animal husbandry, food
preparation, or wild game hunting and fishing practices and
specifically the branding or identification of livestock;
(2) the lawful medical practice of male circumcision or
any ceremony related to male circumcision;
(3) any state or federally approved, licensed, or
funded research project; or
(4) the ingestion of animal flesh or blood in the
performance of a religious service or ceremony.

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(b-5) For the purposes of this Section, "child" means any
person under 18 years of age.
(c) Ritualized abuse of a child is a Class 1 felony for a
first offense. A second or subsequent conviction for ritualized
abuse of a child is a Class X felony for which an the offender
who has attained the age of 18 years at the time of the
commission of the offense may be sentenced to a term of natural
life imprisonment and an offender under the age of 18 years at
the time of the commission of the offense shall be sentenced
under Section 5-4.5-105 of the Unified Code of Corrections.
(d) (Blank).
(Source: P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/29D-14.9) (was 720 ILCS 5/29D-30)
Sec. 29D-14.9. Terrorism.
(a) A person commits the offense of terrorism when, with
the intent to intimidate or coerce a significant portion of a
civilian population:
(1) he or she knowingly commits a terrorist act as
defined in Section 29D-10(1) of this Code within this
State; or
(2) he or she, while outside this State, knowingly
commits a terrorist act as defined in Section 29D-10(1) of
this Code that takes effect within this State or produces
substantial detrimental effects within this State.
(b) Sentence. Terrorism is a Class X felony. If no deaths

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are caused by the terrorist act, the sentence shall be a term
of 20 years to natural life imprisonment; if the terrorist act
caused the death of one or more persons, however, a mandatory
term of natural life imprisonment shall be the sentence if the
death penalty is not imposed and the person has attained the
age of 18 years at the time of the commission of the offense.
An offender under the age of 18 years at the time of the
commission of the offense shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 96-710, eff. 1-1-10.)
(720 ILCS 5/29D-35)
Sec. 29D-35. Hindering prosecution of terrorism.
(a) A person commits the offense of hindering prosecution
of terrorism when he or she renders criminal assistance to a
person who has committed terrorism as defined in Section
29D-14.9 or caused a catastrophe as defined in Section 29D-15.1
of this Code when he or she knows that the person to whom he or
she rendered criminal assistance engaged in an act of terrorism
or caused a catastrophe.
(b) Hindering prosecution of terrorism is a Class X felony,
the sentence for which shall be a term of 20 years to natural
life imprisonment if no death was caused by the act of
terrorism committed by the person to whom the defendant
rendered criminal assistance and a mandatory term of natural
life imprisonment if death was caused by the act of terrorism

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committed by the person to whom the defendant rendered criminal
assistance. An offender under the age of 18 years at the time
of the commission of the offense shall be sentenced under
Section 5-4.5-105 of the Unified Code of Corrections.
(Source: P.A. 96-710, eff. 1-1-10.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 5-4.5-95 and 5-8-1 and by adding Section
5-4.5-105 as follows:
(730 ILCS 5/5-4.5-95)
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
(a) HABITUAL CRIMINALS.
(1) Every person who has been twice convicted in any
state or federal court of an offense that contains the same
elements as an offense now (the date of the offense
committed after the 2 prior convictions) classified in
Illinois as a Class X felony, criminal sexual assault,
aggravated kidnapping, or first degree murder, and who is
thereafter convicted of a Class X felony, criminal sexual
assault, or first degree murder, committed after the 2
prior convictions, shall be adjudged an habitual criminal.
(2) The 2 prior convictions need not have been for the
same offense.
(3) Any convictions that result from or are connected
with the same transaction, or result from offenses

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committed at the same time, shall be counted for the
purposes of this Section as one conviction.
(4) This Section does not apply unless each of the
following requirements are satisfied:
(A) The third offense was committed after July 3,
1980.
(B) The third offense was committed within 20 years
of the date that judgment was entered on the first
conviction; provided, however, that time spent in
custody shall not be counted.
(C) The third offense was committed after
conviction on the second offense.
(D) The second offense was committed after
conviction on the first offense.
(5) Anyone who, having attained the age of 18 at the
time of the third offense, is Except when the death penalty
is imposed, anyone adjudged an habitual criminal shall be
sentenced to a term of natural life imprisonment.
(6) A prior conviction shall not be alleged in the
indictment, and no evidence or other disclosure of that
conviction shall be presented to the court or the jury
during the trial of an offense set forth in this Section
unless otherwise permitted by the issues properly raised in
that trial. After a plea or verdict or finding of guilty
and before sentence is imposed, the prosecutor may file
with the court a verified written statement signed by the

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State's Attorney concerning any former conviction of an
offense set forth in this Section rendered against the
defendant. The court shall then cause the defendant to be
brought before it; shall inform the defendant of the
allegations of the statement so filed, and of his or her
right to a hearing before the court on the issue of that
former conviction and of his or her right to counsel at
that hearing; and unless the defendant admits such
conviction, shall hear and determine the issue, and shall
make a written finding thereon. If a sentence has
previously been imposed, the court may vacate that sentence
and impose a new sentence in accordance with this Section.
(7) A duly authenticated copy of the record of any
alleged former conviction of an offense set forth in this
Section shall be prima facie evidence of that former
conviction; and a duly authenticated copy of the record of
the defendant's final release or discharge from probation
granted, or from sentence and parole supervision (if any)
imposed pursuant to that former conviction, shall be prima
facie evidence of that release or discharge.
(8) Any claim that a previous conviction offered by the
prosecution is not a former conviction of an offense set
forth in this Section because of the existence of any
exceptions described in this Section, is waived unless duly
raised at the hearing on that conviction, or unless the
prosecution's proof shows the existence of the exceptions

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described in this Section.
(9) If the person so convicted shows to the
satisfaction of the court before whom that conviction was
had that he or she was released from imprisonment, upon
either of the sentences upon a pardon granted for the
reason that he or she was innocent, that conviction and
sentence shall not be considered under this Section.
(b) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having twice
been convicted in any state or federal court of an offense that
contains the same elements as an offense now (the date the
Class 1 or Class 2 felony was committed) classified in Illinois
as a Class 2 or greater Class felony and those charges are
separately brought and tried and arise out of different series
of acts, that defendant shall be sentenced as a Class X
offender. This subsection does not apply unless:
(1) the first felony was committed after February 1,
1978 (the effective date of Public Act 80-1099);
(2) the second felony was committed after conviction on
the first; and
(3) the third felony was committed after conviction on
the second.
A person sentenced as a Class X offender under this
subsection (b) is not eligible to apply for treatment as a
condition of probation as provided by Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS

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301/40-10).
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-105 new)
Sec. 5-4.5-105. SENTENCING AND RESENTENCING OF INDIVIDUALS
UNDER THE AGE OF 18 AT THE TIME OF THE COMMISSION OF AN
OFFENSE.
(a) On or after the effective date of this amendatory Act
of the 98th General Assembly, when a person commits an offense
and the person is under 18 years of age at the time of the
commission of the offense, the court, at the sentencing hearing
conducted under Section 5-4-1, shall consider the following
additional factors in determining the appropriate sentence:
(1) the petitioner's age, impetuosity, and level of
maturity at the time of the offense, including the ability
to consider risks and consequences of behavior;
(2) the petitioner's susceptibility to outside
pressure, including peer pressure, familial pressure, or
negative influences, at the time of the offense;
(3) the petitioner's family, home environment, and
social background, including any history of parental
neglect, physical abuse, or other childhood trauma;
(4) the petitioner's potential for rehabilitation or
evidence of rehabilitation, or both;
(5) the circumstances of the offense;
(6) the petitioner's degree of participation and

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specific role in the offense;
(7) whether the petitioner was able to meaningfully
participate in his or her defense;
(8) the petitioner's overall record of behavior while
incarcerated, including disciplinary history,
participation in educational and vocational programs
whenever available to the petitioner, including but not
limited to restorative justice programs, and extent of
cooperation with staff;
(9) the petitioner's likelihood of committing future
offenses, including the petitioner's likely
post-incarceration support system;
(10) the petitioner's prior juvenile or criminal
history; and
(11) any other information the court finds relevant and
reliable, including an expression of remorse, if
appropriate.
The court may sentence the defendant to any appropriate
sentence as provided by law, subject to subsection (b).
(b) Any person who was under 18 years of age at the time of
the commission of an offense may, after serving 15 years of his
or her sentence of either life imprisonment or a term of 40
years or longer of imprisonment, submit a motion for
resentencing in the circuit court of the county in which he or
she was originally sentenced. The procedure for resentencing
shall occur in the following manner:

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(1) The chief judge of the criminal division of the
circuit located in a county of 2,000,000 or more
inhabitants, or in counties under 2,000,000 inhabitants,
the chief judge of the circuit or a judge assigned by the
chief judge, in which the motion is filed, shall assign the
matter to any judge.
(2) Upon receipt of the motion and assignment to a
judge, the judge shall docket the petition. If the
petitioner is without counsel and alleges in the motion for
resentencing that he or she is without means to procure
counsel, he or she shall state whether or not he or she
wishes counsel to be appointed to represent him or her. If
appointment of counsel is requested, the court shall
appoint counsel if satisfied that the petitioner has no
means to procure counsel. The clerk of the circuit court
shall serve a copy of the motion to the State's Attorney of
that county or his or her representative.
(3) Upon receipt of the motion for resentencing, the
State's Attorney's Office shall provide the victim or his
or her family, or both, with a copy of the motion.
(4) The petitioner, if pro se, or his or her attorney
may amend the motion for resentencing.
(5) The State's Attorney must be afforded an
opportunity to respond to the motion and the court shall
provide the petitioner with the opportunity to reply.
(6) Within 90 days after the filing of the motion for

SB1858 - 23 - LRB098 06111 RLC 40633 b
resentencing, the court shall set the matter for a
resentencing hearing. This date may be extended by motion
of either party and at the court's discretion for good
cause shown.
(7) At the resentencing hearing, the court shall:
(A) consider the factors listed in paragraphs (1)
through (11) of subsection (a);
(B) consider the evidence, if any, received upon
the trial;
(C) consider any presentence reports;
(D) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(E) consider any additional evidence and
information offered by the parties in aggravation and
mitigation, including, but not limited to, scientific
evidence of recidivism;
(F) consider the petitioner's acceptance of
responsibility for the crime or expressions of
remorse, or both. However, nothing in this subsection
shall be construed against a petitioner who avers a
good faith claim of innocence;
(G) hear arguments as to sentencing alternatives;
(H) afford the petitioner the opportunity to make a
statement in his or her own behalf;
(I) afford the victim or families of victims of the

SB1858 - 24 - LRB098 06111 RLC 40633 b
crime, or both, for which the petitioner was originally
sentenced an opportunity to provide a victim impact
statement to the court. The court shall permit those
statements and may consider the live testimony of a
victim or a victim representative at its discretion.
(8) Following the resentencing hearing, the court may
re-sentence the petitioner to any appropriate sentence,
subject to paragraph (9). In resentencing the petitioner,
the court must make a finding detailing its consideration
of the factors listed in paragraph (7).
(9) The petitioner shall be eligible to file a second
motion for resentencing not sooner than 10 years or longer
than 20 years as determined by the court at the first
resentencing hearing. In considering the motion, the court
shall follow the procedure stated in this Section.
(10) The petitioner may file a motion seeking leave for
resentencing upon reaching the age of 60. The motion must
clearly set forth the need for resentencing, including the
efforts the petitioner has made towards rehabilitation and
his or her demonstrated maturity.
(A) Within 90 days after the filing of this motion,
the court shall examine the motion and enter an order
thereon. If the court determines the motion is
frivolous or is patently without merit, it shall deny
the motion in a written order, specifying the
underlying basis for its decision that continued

SB1858 - 25 - LRB098 06111 RLC 40633 b
incarceration is appropriate and necessary. The order
is a final judgment and shall be served upon the
petitioner by certified mail within 10 days of its
entry.
(B) If the petition is not dismissed under
subparagraph (A), the court shall order the motion for
resentencing to be docketed for further consideration
in accordance with the procedure stated in this
Section.
(C) In considering a motion under this paragraph
(14), the court may examine the court file of the
proceeding in which the petitioner was convicted, any
action taken by an appellate court in that proceeding,
any transcripts of that proceeding, and any transcript
or court documents from previous proceedings under
this Section.
(11) This Section shall operate retroactively to
provide any person incarcerated for a crime committed when
he or she was under the age of 18 years and serving life
imprisonment or a term of 40 years or more of imprisonment
and committed before the effective date of this amendatory
Act of the 98th General Assembly with the opportunity to
file a motion for resentencing under this Section under the
terms provided in this Section. No retroactive
resentencing hearing shall be conducted under this Section
until one year after the effective date of this amendatory

SB1858 - 26 - LRB098 06111 RLC 40633 b
Act of the 98th General Assembly.
(12) Notwithstanding anything else to the contrary in
this Section, nothing in this Section shall be construed to
delay parole or mandatory supervised release consideration
for petitioners who, prior to the effective date of this
amendatory Act of the 98th General Assembly, are or will be
eligible for release earlier than this Section provides.
(13) Within one year of the effective date of this
amendatory Act of the 98th General Assembly, the Illinois
Juvenile Justice Commission shall present the General
Assembly with evidence-based findings regarding the
effects of sentencing minors as adults.
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, according to the following
limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton

SB1858 - 27 - LRB098 06111 RLC 40633 b
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 the limitations found in 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 when the death
penalty is not imposed 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 a person who, at the time of the
commission of the murder, had attained the age of
17 or more and is found guilty of murdering an
individual under 12 years of age; or, irrespective
of the defendant's age at the time of the
commission of the offense, is found guilty of
murdering more than one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the

SB1858 - 28 - LRB098 06111 RLC 40633 b
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
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

SB1858 - 29 - LRB098 06111 RLC 40633 b
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) (blank), or 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, or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d) (i) if the person committed the offense while

SB1858 - 30 - LRB098 06111 RLC 40633 b
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20
years shall be added to the term of imprisonment
imposed by the court;
(iii) if, during the commission of the
offense, the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term
of natural life shall be added to the term of
imprisonment imposed by the court.
(2) (blank);
(2.5) for a person convicted under the circumstances
described in subdivision (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection (b) of Section 12-13,
subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
subsection (d) of Section 12-14, subdivision (b)(1.2) of
Section 11-1.40 or paragraph (1.2) of subsection (b) of
Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or
paragraph (2) of subsection (b) of Section 12-14.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, the
sentence shall be a term of natural life imprisonment.
(b) (Blank).
(c) (Blank).

SB1858 - 31 - LRB098 06111 RLC 40633 b
(d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be written as
part of the sentencing order and shall be as follows:
(1) for first degree murder or a Class X felony except
for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal
sexual assault if committed on or after the effective date
of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.1B, 11-20.3, or 11-20.1 with
sentencing under subsection (c-5) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the 94th
General Assembly and except for the offenses of manufacture
and dissemination of child pornography under clauses
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
of 1961 or the Criminal Code of 2012, if committed on or
after January 1, 2009, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General

SB1858 - 32 - LRB098 06111 RLC 40633 b
Assembly, or who commit the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, the term of
mandatory supervised release shall range from a minimum of
3 years to a maximum of the natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic home detention program under Article 8A of
Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank).
(f) (Blank).
(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.
7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109,
eff. 1-1-13; 97-1150, eff. 1-25-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.
SB1858 - 33 - LRB098 06111 RLC 40633 b
INDEX
Statutes amended in order of appearance