CD CORR-MURDER-SHAKEN BABY

Illinois General Assembly - Full Text of SB3779

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3779

Introduced 2/5/2026, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-8-1

from Ch. 38, par. 1005-8-1

Amends the Unified Code of Corrections. Provides that the court shall
sentence the defendant to a term of natural life imprisonment for first
degree murder if the defendant, at the time of the commission of the
murder, had attained the age of 18, and is found guilty of the first degree
murder of a child under the age of 5 who is determined by the court, upon
testimony of a physician, to have died from abusive head trauma caused by
the defendant. Provides that "abusive head trauma" includes shaken baby
syndrome. Defines "abusive head trauma" and "shaken baby syndrome".
LRB104 18963 RLC 32408 b

A BILL FOR

SB3779
LRB104 18963 RLC 32408 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Unified Code of Corrections is amended by
5
changing Section 5-8-1 as follows:

6

(730 ILCS 5/5-8-1)

(from Ch. 38, par. 1005-8-1)
7

Sec. 5-8-1.
Natural life imprisonment; enhancements for
8
use of a firearm; mandatory supervised release terms.
9

(a) Except as otherwise provided in the statute defining
10
the offense or in Article 4.5 of Chapter V, a sentence of
11
imprisonment for a felony shall be a determinate sentence set
12
by the court under this Section, subject to Section 5-4.5-115
13
of this Code, according to the following limitations:
14

(1) for first degree murder,
15

(a) (blank),
16

(b) if a trier of fact finds beyond a reasonable
17

doubt that the murder was accompanied by exceptionally
18

brutal or heinous behavior indicative of wanton
19

cruelty or, except as set forth in subsection
20

(a)(1)(c) of this Section, that any of the aggravating
21

factors listed in subparagraph (b-5) are present, the
22

court may sentence the defendant, subject to Section
23

5-4.5-105, to a term of natural life imprisonment, or

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1

(b-5) a defendant who at the time of the
2

commission of the offense has attained the age of 18 or
3

more and who has been found guilty of first degree
4

murder may be sentenced to a term of natural life
5

imprisonment if:
6

(1) the murdered individual was an inmate at
7

an institution or facility of the Department of
8

Corrections, or any similar local correctional
9

agency and was killed on the grounds thereof, or
10

the murdered individual was otherwise present in
11

such institution or facility with the knowledge
12

and approval of the chief administrative officer
13

thereof;
14

(2) the murdered individual was killed as a
15

result of the hijacking of an airplane, train,
16

ship, bus, or other public conveyance;
17

(3) the defendant committed the murder
18

pursuant to a contract, agreement, or
19

understanding by which he or she was to receive
20

money or anything of value in return for
21

committing the murder or procured another to
22

commit the murder for money or anything of value;
23

(4) the murdered individual was killed in the
24

course of another felony if:
25

(A) the murdered individual:
26

(i) was actually killed by the

SB3779
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1

defendant, or
2

(ii) received physical injuries
3

personally inflicted by the defendant
4

substantially contemporaneously with
5

physical injuries caused by one or more
6

persons for whose conduct the defendant is
7

legally accountable under Section 5-2 of
8

this Code, and the physical injuries
9

inflicted by either the defendant or the
10

other person or persons for whose conduct
11

he is legally accountable caused the death
12

of the murdered individual; and (B) in
13

performing the acts which caused the death
14

of the murdered individual or which
15

resulted in physical injuries personally
16

inflicted by the defendant on the murdered
17

individual under the circumstances of
18

subdivision (ii) of clause (A) of this
19

clause (4), the defendant acted with the
20

intent to kill the murdered individual or
21

with the knowledge that his or her acts
22

created a strong probability of death or
23

great bodily harm to the murdered
24

individual or another; and
25

(B) in performing the acts which caused
26

the death of the murdered individual or which

SB3779
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LRB104 18963 RLC 32408 b
1

resulted in physical injuries personally
2

inflicted by the defendant on the murdered
3

individual under the circumstances of
4

subdivision (ii) of clause (A) of this clause
5

(4), the defendant acted with the intent to
6

kill the murdered individual or with the
7

knowledge that his or her acts created a
8

strong probability of death or great bodily
9

harm to the murdered individual or another;
10

and
11

(C) the other felony was an inherently
12

violent crime or the attempt to commit an
13

inherently violent crime. In this clause (C),
14

"inherently violent crime" includes, but is
15

not limited to, armed robbery, robbery,
16

predatory criminal sexual assault of a child,
17

aggravated criminal sexual assault, aggravated
18

kidnapping, aggravated vehicular hijacking,
19

aggravated arson, aggravated stalking,
20

residential burglary, and home invasion;
21

(5) the defendant committed the murder with
22

intent to prevent the murdered individual from
23

testifying or participating in any criminal
24

investigation or prosecution or giving material
25

assistance to the State in any investigation or
26

prosecution, either against the defendant or

SB3779
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LRB104 18963 RLC 32408 b
1

another; or the defendant committed the murder
2

because the murdered individual was a witness in
3

any prosecution or gave material assistance to the
4

State in any investigation or prosecution, either
5

against the defendant or another; for purposes of
6

this clause (5), "participating in any criminal
7

investigation or prosecution" is intended to
8

include those appearing in the proceedings in any
9

capacity such as trial judges, prosecutors,
10

defense attorneys, investigators, witnesses, or
11

jurors;
12

(6) the defendant, while committing an offense
13

punishable under Section 401, 401.1, 401.2, 405,
14

405.2, 407, or 407.1 or subsection (b) of Section
15

404 of the Illinois Controlled Substances Act, or
16

while engaged in a conspiracy or solicitation to
17

commit such offense, intentionally killed an
18

individual or counseled, commanded, induced,
19

procured, or caused the intentional killing of the
20

murdered individual;
21

(7) the defendant was incarcerated in an
22

institution or facility of the Department of
23

Corrections at the time of the murder, and while
24

committing an offense punishable as a felony under
25

Illinois law, or while engaged in a conspiracy or
26

solicitation to commit such offense, intentionally

SB3779
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LRB104 18963 RLC 32408 b
1

killed an individual or counseled, commanded,
2

induced, procured, or caused the intentional
3

killing of the murdered individual;
4

(8) the murder was committed in a cold,
5

calculated and premeditated manner pursuant to a
6

preconceived plan, scheme, or design to take a
7

human life by unlawful means, and the conduct of
8

the defendant created a reasonable expectation
9

that the death of a human being would result
10

therefrom;
11

(9) the defendant was a principal
12

administrator, organizer, or leader of a
13

calculated criminal drug conspiracy consisting of
14

a hierarchical position of authority superior to
15

that of all other members of the conspiracy, and
16

the defendant counseled, commanded, induced,
17

procured, or caused the intentional killing of the
18

murdered person;
19

(10) the murder was intentional and involved
20

the infliction of torture. For the purpose of this
21

clause (10), torture means the infliction of or
22

subjection to extreme physical pain, motivated by
23

an intent to increase or prolong the pain,
24

suffering, or agony of the victim;
25

(11) the murder was committed as a result of
26

the intentional discharge of a firearm by the

SB3779
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LRB104 18963 RLC 32408 b
1

defendant from a motor vehicle and the victim was
2

not present within the motor vehicle;
3

(12) the murdered individual was a person with
4

a disability and the defendant knew or should have
5

known that the murdered individual was a person
6

with a disability. For purposes of this clause
7

(12), "person with a disability" means a person
8

who suffers from a permanent physical or mental
9

impairment resulting from disease, an injury, a
10

functional disorder, or a congenital condition
11

that renders the person incapable of adequately
12

providing for his or her own health or personal
13

care;
14

(13) the murdered individual was subject to an
15

order of protection and the murder was committed
16

by a person against whom the same order of
17

protection was issued under the Illinois Domestic
18

Violence Act of 1986;
19

(14) the murdered individual was known by the
20

defendant to be a teacher or other person employed
21

in any school and the teacher or other employee is
22

upon the grounds of a school or grounds adjacent
23

to a school, or is in any part of a building used
24

for school purposes;
25

(15) the murder was committed by the defendant
26

in connection with or as a result of the offense of

SB3779
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1

terrorism as defined in Section 29D-14.9 of this
2

Code;
3

(16) the murdered individual was a member of a
4

congregation engaged in prayer or other religious
5

activities at a church, synagogue, mosque, or
6

other building, structure, or place used for
7

religious worship; or
8

(17)(i) the murdered individual was a
9

physician, physician assistant, psychologist,
10

nurse, or advanced practice registered nurse;
11

(ii) the defendant knew or should have known
12

that the murdered individual was a physician,
13

physician assistant, psychologist, nurse, or
14

advanced practice registered nurse; and
15

(iii) the murdered individual was killed in
16

the course of acting in his or her capacity as a
17

physician, physician assistant, psychologist,
18

nurse, or advanced practice registered nurse, or
19

to prevent him or her from acting in that
20

capacity, or in retaliation for his or her acting
21

in that capacity.
22

(c) the court shall sentence the defendant to a
23

term of natural life imprisonment if the defendant, at
24

the time of the commission of the murder, had attained
25

the age of 18, and:
26

(i) has previously been convicted of first

SB3779
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LRB104 18963 RLC 32408 b
1

degree murder under any state or federal law, or
2

(ii) is found guilty of murdering more than
3

one victim, or
4

(iii) is found guilty of murdering a peace
5

officer, fireman, or emergency management worker
6

when the peace officer, fireman, or emergency
7

management worker was killed in the course of
8

performing his official duties, or to prevent the
9

peace officer or fireman from performing his
10

official duties, or in retaliation for the peace
11

officer, fireman, or emergency management worker
12

from performing his official duties, and the
13

defendant knew or should have known that the
14

murdered individual was a peace officer, fireman,
15

or emergency management worker, or
16

(iv) is found guilty of murdering an employee
17

of an institution or facility of the Department of
18

Corrections, or any similar local correctional
19

agency, when the employee was killed in the course
20

of performing his official duties, or to prevent
21

the employee from performing his official duties,
22

or in retaliation for the employee performing his
23

official duties, or
24

(v) is found guilty of murdering an emergency
25

medical technician - ambulance, emergency medical
26

technician - intermediate, emergency medical

SB3779
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LRB104 18963 RLC 32408 b
1

technician - paramedic, ambulance driver, or other
2

medical assistance or first aid person while
3

employed by a municipality or other governmental
4

unit when the person was killed in the course of
5

performing official duties or to prevent the
6

person from performing official duties or in
7

retaliation for performing official duties and the
8

defendant knew or should have known that the
9

murdered individual was an emergency medical
10

technician - ambulance, emergency medical
11

technician - intermediate, emergency medical
12

technician - paramedic, ambulance driver, or other
13

medical assistant or first aid personnel, or
14

(vi) (blank), or
15

(vii) is found guilty of first degree murder
16

and the murder was committed by reason of any
17

person's activity as a community policing
18

volunteer or to prevent any person from engaging
19

in activity as a community policing volunteer. For
20

the purpose of this Section, "community policing
21

volunteer" has the meaning ascribed to it in
22

Section 2-3.5 of the Criminal Code of 2012
, or

.
23

(viii) is found guilty of the first degree
24

murder of a child under the age of 5 who is
25

determined by the court, upon testimony of a
26

physician, to have died from abusive head trauma

SB3779
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LRB104 18963 RLC 32408 b
1

caused by the defendant.

2

As used in clause (viii):
3

"Abusive head trauma" means a head injury that is
4

caused by shaking, throwing, hitting, slamming, or
5

jerking. "Abusive head trauma" includes shaken baby
6

syndrome.
7

"Shaken baby syndrome" means a severe form of head
8

injury that occurs when an infant or young child is
9

shaken or thrown forcibly enough to cause the brain to
10

rebound against the skull.

11

For purposes of clause (v), "emergency medical
12

technician - ambulance", "emergency medical technician -
13

intermediate", and "emergency medical technician -
14

paramedic" have the meanings ascribed to them in the
15

Emergency Medical Services (EMS) Systems Act.
16

(d)(i) if the person committed the offense while
17

armed with a firearm, 15 years shall be added to
18

the term of imprisonment imposed by the court;
19

(ii) if, during the commission of the offense, the
20

person personally discharged a firearm, 20 years shall
21

be added to the term of imprisonment imposed by the
22

court;
23

(iii) if, during the commission of the offense,
24

the person personally discharged a firearm that
25

proximately caused great bodily harm, permanent
26

disability, permanent disfigurement, or death to

SB3779
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LRB104 18963 RLC 32408 b
1

another person, 25 years or up to a term of natural
2

life shall be added to the term of imprisonment
3

imposed by the court.
4

(2) (blank);
5

(2.5) for a person who has attained the age of 18 years
6

at the time of the commission of the offense and who is
7

convicted under the circumstances described in subdivision
8

(b)(1)(B) of Section 11-1.20 or paragraph (3) of
9

subsection (b) of Section 12-13, subdivision (d)(2) of
10

Section 11-1.30 or paragraph (2) of subsection (d) of
11

Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
12

paragraph (1.2) of subsection (b) of Section 12-14.1,
13

subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
14

subsection (b) of Section 12-14.1 of the Criminal Code of
15

1961 or the Criminal Code of 2012, the sentence shall be a
16

term of natural life imprisonment.
17

(b) (Blank).
18

(c) (Blank).
19

(d) Subject to earlier termination under Section 3-3-8,
20
the parole or mandatory supervised release term shall be
21
written as part of the sentencing order and shall be as
22
follows:
23

(1) for first degree murder or for the offenses of
24

predatory criminal sexual assault of a child, aggravated
25

criminal sexual assault, and criminal sexual assault if
26

committed on or before December 12, 2005, 3 years;

SB3779
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LRB104 18963 RLC 32408 b
1

(1.5) except as provided in paragraph (7) of this
2

subsection (d), for a Class X felony except for the
3

offenses of predatory criminal sexual assault of a child,
4

aggravated criminal sexual assault, and criminal sexual
5

assault if committed on or after December 13, 2005 (the
6

effective date of Public Act 94-715) and except for the
7

offense of aggravated child pornography under Section
8

11-20.1B, 11-20.3, or 11-20.1 with sentencing under
9

subsection (c-5) of Section 11-20.1 of the Criminal Code
10

of 1961 or the Criminal Code of 2012, if committed on or
11

after January 1, 2009, and except for the offense of
12

obscene depiction of a purported child with sentencing
13

under subsection (d) of Section 11-20.4 of the Criminal
14

Code of 2012, 18 months;
15

(2) except as provided in paragraph (7) of this
16

subsection (d), for a Class 1 felony or a Class 2 felony
17

except for the offense of criminal sexual assault if
18

committed on or after December 13, 2005 (the effective
19

date of Public Act 94-715) and except for the offenses of
20

manufacture and dissemination of child sexual abuse
21

material under clauses (a)(1) and (a)(2) of Section
22

11-20.1 of the Criminal Code of 1961 or the Criminal Code
23

of 2012, if committed on or after January 1, 2009, and
24

except for the offense of obscene depiction of a purported
25

child under paragraph (2) of subsection (b) of Section
26

11-20.4 of the Criminal Code of 2012, 12 months;

SB3779
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LRB104 18963 RLC 32408 b
1

(3) except as provided in paragraph (4), (6), or (7)
2

of this subsection (d), for a Class 3 felony or a Class 4
3

felony, 6 months; no later than 45 days after the onset of
4

the term of mandatory supervised release, the Prisoner
5

Review Board shall conduct a discretionary discharge
6

review pursuant to the provisions of Section 3-3-8, which
7

shall include the results of a standardized risk and needs
8

assessment tool administered by the Department of
9

Corrections; the changes to this paragraph (3) made by
10

Public Act 102-1104 apply to all individuals released on
11

mandatory supervised release on or after December 6, 2022
12

(the effective date of Public Act 102-1104), including
13

those individuals whose sentences were imposed prior to
14

December 6, 2022 (the effective date of Public Act
15

102-1104);
16

(4) for defendants who commit the offense of predatory
17

criminal sexual assault of a child, aggravated criminal
18

sexual assault, or criminal sexual assault, on or after
19

December 13, 2005 (the effective date of Public Act
20

94-715), or who commit the offense of aggravated child
21

pornography under Section 11-20.1B, 11-20.3, or 11-20.1
22

with sentencing under subsection (c-5) of Section 11-20.1
23

of the Criminal Code of 1961 or the Criminal Code of 2012,
24

manufacture of child sexual abuse material, or
25

dissemination of child sexual abuse material after January
26

1, 2009, or who commit the offense of obscene depiction of

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LRB104 18963 RLC 32408 b
1

a purported child under paragraph (2) of subsection (b) of
2

Section 11-20.4 of the Criminal Code of 2012 or who commit
3

the offense of obscene depiction of a purported child with
4

sentencing under subsection (d) of Section 11-20.4 of the
5

Criminal Code of 2012, the term of mandatory supervised
6

release shall range from a minimum of 3 years to a maximum
7

of the natural life of the defendant;
8

(5) if the victim is under 18 years of age, for a
9

second or subsequent offense of aggravated criminal sexual
10

abuse or felony criminal sexual abuse, 4 years, at least
11

the first 2 years of which the defendant shall serve in an
12

electronic monitoring or home detention program under
13

Article 8A of Chapter V of this Code;
14

(6) for a felony domestic battery, aggravated domestic
15

battery, stalking, aggravated stalking, and a felony
16

violation of an order of protection, 4 years;
17

(7) for any felony described in paragraph (a)(2)(ii),
18

(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
19

(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
20

3-6-3 of the Unified Code of Corrections requiring an
21

inmate to serve a minimum of 85% of their court-imposed
22

sentence, except for the offenses of predatory criminal
23

sexual assault of a child, aggravated criminal sexual
24

assault, and criminal sexual assault if committed on or
25

after December 13, 2005 (the effective date of Public Act
26

94-715) and except for the offense of aggravated child

SB3779
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LRB104 18963 RLC 32408 b
1

pornography under Section 11-20.1B, 11-20.3, or 11-20.1
2

with sentencing under subsection (c-5) of Section 11-20.1
3

of the Criminal Code of 1961 or the Criminal Code of 2012,
4

if committed on or after January 1, 2009, and except for
5

the offense of obscene depiction of a purported child with
6

sentencing under subsection (d) of Section 11-20.4 of the
7

Criminal Code of 2012, and except as provided in paragraph
8

(4) or paragraph (6) of this subsection (d), the term of
9

mandatory supervised release shall be as follows:
10

(A) Class X felony, 3 years;
11

(B) Class 1 or Class 2 felonies, 2 years;
12

(C) Class 3 or Class 4 felonies, 1 year.
13

(e) (Blank).
14

(f) (Blank).
15

(g) Notwithstanding any other provisions of this Act and
16
of Public Act 101-652: (i) the provisions of paragraph (3) of
17
subsection (d) are effective on July 1, 2022 and shall apply to
18
all individuals convicted on or after the effective date of
19
paragraph (3) of subsection (d); and (ii) the provisions of
20
paragraphs (1.5) and (2) of subsection (d) are effective on
21
July 1, 2021 and shall apply to all individuals convicted on or
22
after the effective date of paragraphs (1.5) and (2) of
23
subsection (d).
24
(Source: P.A. 103-51, eff. 1-1-24; 103-825, eff. 1-1-25;
25
104-245, eff. 1-1-26; 104-417, eff. 8-15-25
.)

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