summary
Introduced
02/06/2025
02/06/2025
In Committee
02/06/2025
02/06/2025
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 Illinois criminal law to make certain firearm-related sentencing enhancements discretionary rather than mandatory. Specifically, for offenses such as attempted murder, intentional homicide of an unborn child, aggravated kidnapping, aggravated criminal sexual assault, home invasion, and armed robbery, the bill changes language so that additional prison terms for firearm use may be added "up to" a certain number of years, rather than "shall" be added. The bill introduces two key conditions for these potential sentence enhancements: the defendant must have been personally armed with the firearm and personally displaying it. Additionally, the bill removes provisions that previously allowed for a term of natural life imprisonment in certain firearm-related offense scenarios, giving judges more discretion in sentencing. The changes apply to various levels of firearm involvement, from simply being armed with a firearm to personally discharging a firearm that causes great bodily harm or death. By making these sentencing provisions more flexible, the bill aims to provide courts with greater latitude in determining appropriate punishments based on the specific circumstances of each case.
Sponsors (1)
Last Action
Referred to Assignments (on 02/06/2025)
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=1849&GAID=18&DocTypeID=SB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/SB/10400SB1849.htm |
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