summary
Introduced
01/28/2025
01/28/2025
In Committee
01/29/2025
01/29/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Criminal Code of 2012 and the Unified Code of Corrections. Provides that certain offenses for which the use of a firearm requires the court to add 15 years, 20 years, or 25 years or up to a term of natural life to the sentence, makes the additional sentences discretionary with the court. Deletes provisions that permit the court in those cases to impose a term of natural life imprisonment upon the defendant. Provides that the court may impose the additional sentences only if the defendant was personally armed with the firearm and was personally displaying the firearm. Provides that the penalty for aggravated criminal sexual assault in which the defendant personally discharged the firearm in the commission of the offense is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court and up to 25 years may be added (rather than 25 years or up to a term of natural life imprisonment shall be added) to the term of imprisonment imposed by the court if the discharge proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person; Provides that the penalty for home invasion is a Class X felony for which up to 20 years may (rather than 20 years shall) be added to the term of imprisonment imposed by the court if the defendant personally discharged a firearm during the commission of the offense.
AI Summary
This bill modifies several sections of the Illinois Criminal Code and Unified Code of Corrections by changing how additional prison sentences are applied for firearm-related offenses. The key provisions include making certain sentence enhancements for firearm use discretionary rather than mandatory, and limiting these additional sentences to cases where the defendant was personally armed with a firearm and personally displayed it. Specifically, the bill changes language from "shall" to "may" for adding years to prison sentences in various criminal scenarios, such as aggravated criminal sexual assault, home invasion, armed robbery, and other serious felonies. The additional prison time ranges from 15 to 25 years depending on the specific circumstances, such as personally discharging a firearm or causing great bodily harm. The bill also removes provisions that previously allowed for a term of natural life imprisonment in these cases, giving judges more flexibility in sentencing. These changes apply to multiple sections of criminal law, including offenses involving weapons, sexual crimes, and violent felonies, with the goal of providing more judicial discretion in sentencing while still maintaining serious penalties for firearm-related crimes.
Sponsors (1)
Last Action
Referred to Rules Committee (on 01/29/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1835&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB1835.htm |
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