CD COR-RESTORE DEATH PENALTY

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3892

Introduced 2/6/2026, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.790
720 ILCS 5/9-1

from Ch. 38, par. 9-1
720 ILCS 5/11-1.20

was 720 ILCS 5/12-13
720 ILCS 5/11-1.30

was 720 ILCS 5/12-14
720 ILCS 5/11-1.40

was 720 ILCS 5/12-14.1
720 ILCS 5/11-1.50

was 720 ILCS 5/12-15
720 ILCS 5/11-1.60

was 720 ILCS 5/12-16
725 ILCS 5/119-1
730 ILCS 5/5-4.5-20
730 ILCS 5/5-8-1

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

Amends the State Finance Act. Changes the name of the Death Penalty
Abolition Fund to the Death Penalty Restoration Fund. Amends the Criminal
Code of 2012. Permits the imposition of the death penalty for first degree
murder, criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal sexual abuse, with
the exception of certain offenses committed by persons under 17 years of
age and those in which the victim is at least 13 years of age and under 17
years of age and the defendant is less than 5 years older than the victim,
or aggravated criminal sexual abuse. Amends the Code of Criminal Procedure
of 1963. Eliminates the provision that abolished the death penalty on July
1, 2011. Amends the Unified Code of Corrections to make conforming
changes.
LRB104 17925 RLC 31362 b

A BILL FOR

SB3892
LRB104 17925 RLC 31362 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 State Finance Act is amended by changing
5
Section 5.790 as follows:

6

(30 ILCS 105/5.790)
7

Sec. 5.790.
The Death Penalty
Restoration

Abolition
Fund.
8
(Source: P.A. 96-1543, eff. 7-1-11; 97-813, eff. 7-13-12.)

9

Section 10.
The Criminal Code of 2012 is amended by
10
changing Sections 9-1, 11-1.20, 11-1.30, 11-1.40, 11-1.50, and
11
11-1.60 as follows:

12

(720 ILCS 5/9-1)

(from Ch. 38, par. 9-1)
13

Sec. 9-1.
First degree murder.
14

(a) A person who kills an individual without lawful
15
justification commits first degree murder if, in performing
16
the acts which cause the death:
17

(1) he or she either intends to kill or do great bodily
18

harm to that individual or another, or knows that such
19

acts will cause death to that individual or another; or
20

(2) he or she knows that such acts create a strong
21

probability of death or great bodily harm to that

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LRB104 17925 RLC 31362 b
1

individual or another; or
2

(3) he or she, acting alone or with one or more
3

participants, commits or attempts to commit a forcible
4

felony other than second degree murder, and in the course
5

of or in furtherance of such crime or flight therefrom, he
6

or she or another participant causes the death of a
7

person.
8

(a-5) Sentence. A person convicted of first degree murder
9
may be sentenced to death. If a person convicted of first
10
degree murder is not sentenced to death, the person may be
11
sentenced to a term of imprisonment as provided in Chapter V of
12
the Unified Code of Corrections.

13

(b) (Blank).
14

(b-5) (Blank).
15

(c) (Blank).
16

(d) (Blank).
17

(e) (Blank).
18

(f) (Blank).
19

(g) (Blank).
20

(h) (Blank).
21

(h-5) (Blank).
22

(i) (Blank).
23

(j) (Blank).
24

(k) (Blank).
25
(Source: P.A. 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.)

SB3892
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LRB104 17925 RLC 31362 b
1

(720 ILCS 5/11-1.20)

(was 720 ILCS 5/12-13)
2

Sec. 11-1.20.
Criminal sexual assault.
3

(a) A person commits criminal sexual assault if that
4
person commits an act of sexual penetration and:
5

(1) uses force or threat of force;
6

(2) knows that the victim is unable to understand the
7

nature of the act or is unable to give knowing consent;
8

(3) is a family member of the victim, and the victim is
9

under 18 years of age; or
10

(4) is 17 years of age or over and holds a position of
11

trust, authority, or supervision in relation to the
12

victim, and the victim is at least 13 years of age but
13

under 18 years of age.
14

(b) Sentence.
15

(1) Criminal sexual assault is a Class 1 felony
for
16

which the person may be sentenced to death. If not
17

sentenced to death, the person shall be sentenced to a
18

term of imprisonment for a Class 1 felony
, except that:
19

(A) A person who is convicted of the offense of
20

criminal sexual assault as defined in paragraph (a)(1)
21

or (a)(2) after having previously been convicted of
22

the offense of criminal sexual assault or the offense
23

of exploitation of a child, or who is convicted of the
24

offense of criminal sexual assault as defined in
25

paragraph (a)(1) or (a)(2) after having previously
26

been convicted under the laws of this State or any

SB3892
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LRB104 17925 RLC 31362 b
1

other state of an offense that is substantially
2

equivalent to the offense of criminal sexual assault
3

or to the offense of exploitation of a child, commits a
4

Class X felony for which the person shall be sentenced
5

to a term of imprisonment of not less than 30 years and
6

not more than 60 years, except that if the person is
7

under the age of 18 years at the time of the offense,
8

he or she shall be sentenced under Section 5-4.5-105
9

of the Unified Code of Corrections. The commission of
10

the second or subsequent offense is required to have
11

been after the initial conviction for this paragraph
12

(A) to apply.
13

(B) A person who has attained the age of 18 years
14

at the time of the commission of the offense and who is
15

convicted of the offense of criminal sexual assault as
16

defined in paragraph (a)(1) or (a)(2) after having
17

previously been convicted of the offense of aggravated
18

criminal sexual assault or the offense of predatory
19

criminal sexual assault of a child, or who is
20

convicted of the offense of criminal sexual assault as
21

defined in paragraph (a)(1) or (a)(2) after having
22

previously been convicted under the laws of this State
23

or any other state of an offense that is substantially
24

equivalent to the offense of aggravated criminal
25

sexual assault or the offense of predatory criminal
26

sexual assault of a child shall be sentenced to a term

SB3892
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LRB104 17925 RLC 31362 b
1

of natural life imprisonment. The commission of the
2

second or subsequent offense is required to have been
3

after the initial conviction for this paragraph (B) to
4

apply. An offender under the age of 18 years at the
5

time of the commission of the offense covered by this
6

subparagraph (B) shall be sentenced under Section
7

5-4.5-105 of the Unified Code of Corrections.
8

(C) A second or subsequent conviction for a
9

violation of paragraph (a)(3) or (a)(4) or under any
10

similar statute of this State or any other state for
11

any offense involving criminal sexual assault that is
12

substantially equivalent to or more serious than the
13

sexual assault prohibited under paragraph (a)(3) or
14

(a)(4) is a Class X felony.
15
(Source: P.A. 99-69, eff. 1-1-16
.)

16

(720 ILCS 5/11-1.30)

(was 720 ILCS 5/12-14)
17

Sec. 11-1.30.
Aggravated Criminal Sexual Assault.
18

(a) A person commits aggravated criminal sexual assault if
19
that person commits criminal sexual assault and any of the
20
following aggravating circumstances exist during the
21
commission of the offense or, for purposes of paragraph (7),
22
occur as part of the same course of conduct as the commission
23
of the offense:
24

(1) the person displays, threatens to use, or uses a
25

dangerous weapon, other than a firearm, or any other

SB3892
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LRB104 17925 RLC 31362 b
1

object fashioned or used in a manner that leads the
2

victim, under the circumstances, reasonably to believe
3

that the object is a dangerous weapon;
4

(2) the person causes bodily harm to the victim,
5

except as provided in paragraph (10);
6

(3) the person acts in a manner that threatens or
7

endangers the life of the victim or any other person;
8

(4) the person commits the criminal sexual assault
9

during the course of committing or attempting to commit
10

any other felony;
11

(5) the victim is 60 years of age or older;
12

(6) the victim is a person with a physical disability;
13

(7) the person delivers (by injection, inhalation,
14

ingestion, transfer of possession, or any other means) any
15

controlled substance to the victim without the victim's
16

consent or by threat or deception for other than medical
17

purposes;
18

(8) the person is armed with a firearm;
19

(9) the person personally discharges a firearm during
20

the commission of the offense; or
21

(10) the person personally discharges a firearm during
22

the commission of the offense, and that discharge
23

proximately causes great bodily harm, permanent
24

disability, permanent disfigurement, or death to another
25

person.
26

(b) A person commits aggravated criminal sexual assault if

SB3892
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LRB104 17925 RLC 31362 b
1
that person is under 17 years of age and: (i) commits an act of
2
sexual penetration with a victim who is under 9 years of age;
3
or (ii) commits an act of sexual penetration with a victim who
4
is at least 9 years of age but under 13 years of age and the
5
person uses force or threat of force to commit the act.
6

(c) A person commits aggravated criminal sexual assault if
7
that person commits an act of sexual penetration with a victim
8
who is a person with a severe or profound intellectual
9
disability.
10

(d) Sentence.
11

(0.05) A person convicted of aggravated criminal
12

sexual assault may be sentenced to death. If a person
13

convicted of aggravated criminal sexual assault is not
14

sentenced to death, the person shall be sentenced as
15

provided in paragraphs (1) and (2) of this subsection.

16

(1) Aggravated criminal sexual assault in violation of
17

paragraph (2), (3), (4), (5), (6), or (7) of subsection
18

(a) or in violation of subsection (b) or (c) is a Class X
19

felony. A violation of subsection (a)(1) is a Class X
20

felony for which 10 years shall be added to the term of
21

imprisonment imposed by the court. A violation of
22

subsection (a)(8) is a Class X felony for which 15 years
23

shall be added to the term of imprisonment imposed by the
24

court. A violation of subsection (a)(9) is a Class X
25

felony for which 20 years shall be added to the term of
26

imprisonment imposed by the court. A violation of

SB3892
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LRB104 17925 RLC 31362 b
1

subsection (a)(10) is a Class X felony for which 25 years
2

or up to a term of natural life imprisonment shall be added
3

to the term of imprisonment imposed by the court. An
4

offender under the age of 18 years at the time of the
5

commission of aggravated criminal sexual assault in
6

violation of paragraphs (1) through (10) of subsection (a)
7

shall be sentenced under Section 5-4.5-105 of the Unified
8

Code of Corrections.
9

(2) A person who has attained the age of 18 years at
10

the time of the commission of the offense and who is
11

convicted of a second or subsequent offense of aggravated
12

criminal sexual assault, or who is convicted of the
13

offense of aggravated criminal sexual assault after having
14

previously been convicted of the offense of criminal
15

sexual assault or the offense of predatory criminal sexual
16

assault of a child, or who is convicted of the offense of
17

aggravated criminal sexual assault after having previously
18

been convicted under the laws of this or any other state of
19

an offense that is substantially equivalent to the offense
20

of criminal sexual assault, the offense of aggravated
21

criminal sexual assault or the offense of predatory
22

criminal sexual assault of a child, shall be sentenced to
23

a term of natural life imprisonment. The commission of the
24

second or subsequent offense is required to have been
25

after the initial conviction for this paragraph (2) to
26

apply. An offender under the age of 18 years at the time of

SB3892
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LRB104 17925 RLC 31362 b
1

the commission of the offense covered by this paragraph
2

(2) shall be sentenced under Section 5-4.5-105 of the
3

Unified Code of Corrections.
4
(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15;
5
99-642, eff. 7-28-16.)

6

(720 ILCS 5/11-1.40)

(was 720 ILCS 5/12-14.1)
7

Sec. 11-1.40.
Predatory criminal sexual assault of a
8
child.
9

(a) A person commits predatory criminal sexual assault of
10
a child if that person is 17 years of age or older, and commits
11
an act of contact, however slight, between the sex organ or
12
anus of one person and the part of the body of another for the
13
purpose of sexual gratification or arousal of the victim or
14
the accused, or an act of sexual penetration, and:
15

(1) the victim is under 13 years of age; or
16

(2) the victim is under 13 years of age and that
17

person:
18

(A) is armed with a firearm;
19

(B) personally discharges a firearm during the
20

commission of the offense;
21

(C) causes great bodily harm to the victim that:
22

(i) results in permanent disability; or
23

(ii) is life threatening; or
24

(D) delivers (by injection, inhalation, ingestion,
25

transfer of possession, or any other means) any

SB3892
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LRB104 17925 RLC 31362 b
1

controlled substance to the victim without the
2

victim's consent or by threat or deception, for other
3

than medical purposes.
4

(b) Sentence.
5

(0.05) A person convicted of predatory criminal sexual
6

assault of a child may be sentenced to death. If a person
7

convicted of predatory criminal sexual assault of a child
8

is not sentenced to death, the person shall be sentenced
9

as provided in paragraphs (1), (1.1), (1.2), and (2) of
10

this subsection.
11

(1) A person convicted of a violation of subsection
12

(a)(1) commits a Class X felony, for which the person
13

shall be sentenced to a term of imprisonment of not less
14

than 6 years and not more than 60 years. A person convicted
15

of a violation of subsection (a)(2)(A) commits a Class X
16

felony for which 15 years shall be added to the term of
17

imprisonment imposed by the court. A person convicted of a
18

violation of subsection (a)(2)(B) commits a Class X felony
19

for which 20 years shall be added to the term of
20

imprisonment imposed by the court. A person who has
21

attained the age of 18 years at the time of the commission
22

of the offense and who is convicted of a violation of
23

subsection (a)(2)(C) commits a Class X felony for which
24

the person shall be sentenced to a term of imprisonment of
25

not less than 50 years or up to a term of natural life
26

imprisonment. An offender under the age of 18 years at the

SB3892
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LRB104 17925 RLC 31362 b
1

time of the commission of predatory criminal sexual
2

assault of a child in violation of subsections (a)(1),
3

(a)(2)(A), (a)(2)(B), and (a)(2)(C) shall be sentenced
4

under Section 5-4.5-105 of the Unified Code of
5

Corrections.
6

(1.1) A person convicted of a violation of subsection
7

(a)(2)(D) commits a Class X felony for which the person
8

shall be sentenced to a term of imprisonment of not less
9

than 50 years and not more than 60 years. An offender under
10

the age of 18 years at the time of the commission of
11

predatory criminal sexual assault of a child in violation
12

of subsection (a)(2)(D) shall be sentenced under Section
13

5-4.5-105 of the Unified Code of Corrections.
14

(1.2) A person who has attained the age of 18 years at
15

the time of the commission of the offense and convicted of
16

predatory criminal sexual assault of a child committed
17

against 2 or more persons regardless of whether the
18

offenses occurred as the result of the same act or of
19

several related or unrelated acts shall be sentenced to a
20

term of natural life imprisonment and an offender under
21

the age of 18 years at the time of the commission of the
22

offense shall be sentenced under Section 5-4.5-105 of the
23

Unified Code of Corrections.
24

(2) A person who has attained the age of 18 years at
25

the time of the commission of the offense and who is
26

convicted of a second or subsequent offense of predatory

SB3892
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LRB104 17925 RLC 31362 b
1

criminal sexual assault of a child, or who is convicted of
2

the offense of predatory criminal sexual assault of a
3

child after having previously been convicted of the
4

offense of criminal sexual assault or the offense of
5

aggravated criminal sexual assault, or who is convicted of
6

the offense of predatory criminal sexual assault of a
7

child after having previously been convicted under the
8

laws of this State or any other state of an offense that is
9

substantially equivalent to the offense of predatory
10

criminal sexual assault of a child, the offense of
11

aggravated criminal sexual assault or the offense of
12

criminal sexual assault, shall be sentenced to a term of
13

natural life imprisonment. The commission of the second or
14

subsequent offense is required to have been after the
15

initial conviction for this paragraph (2) to apply. An
16

offender under the age of 18 years at the time of the
17

commission of the offense covered by this paragraph (2)
18

shall be sentenced under Section 5-4.5-105 of the Unified
19

Code of Corrections.
20
(Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14;
21
98-903, eff. 8-15-14; 99-69, eff. 1-1-16
.)

22

(720 ILCS 5/11-1.50)

(was 720 ILCS 5/12-15)
23

Sec. 11-1.50.
Criminal sexual abuse.
24

(a) A person commits criminal sexual abuse if that person:

25

(1) commits an act of sexual conduct by the use of

SB3892
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LRB104 17925 RLC 31362 b
1

force or threat of force; or

2

(2) commits an act of sexual conduct and knows that
3

the victim is unable to understand the nature of the act or
4

is unable to give knowing consent.
5

(b) A person commits criminal sexual abuse if that person
6
is under 17 years of age and commits an act of sexual
7
penetration or sexual conduct with a victim who is at least 9
8
years of age but under 17 years of age.
9

(c) A person commits criminal sexual abuse if that person
10
commits an act of sexual penetration or sexual conduct with a
11
victim who is at least 13 years of age but under 17 years of
12
age and the person is less than 5 years older than the victim.
13

(d) Sentence. Criminal sexual abuse for a violation of
14
subsection (b) or (c) of this Section is a Class A misdemeanor.
15
A person convicted of criminal sexual abuse under paragraph
16
(1) or (2) of subsection (a) may be sentenced to death. If not
17
sentenced to death, criminal

Criminal
sexual abuse for a
18
violation of paragraph (1) or (2) of subsection (a) of this
19
Section is a Class 4 felony. A second or subsequent conviction
20
for a violation of subsection (a) of this Section
, if not
21
sentenced to death,
is a Class 2 felony. For purposes of this
22
Section it is a second or subsequent conviction if the accused
23
has at any time been convicted under this Section or under any
24
similar statute of this State or any other state for any
25
offense involving sexual abuse or sexual assault that is
26
substantially equivalent to or more serious than the sexual

SB3892
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LRB104 17925 RLC 31362 b
1
abuse prohibited under this Section.
2
(Source: P.A. 96-1551, eff. 7-1-11
.)

3

(720 ILCS 5/11-1.60)

(was 720 ILCS 5/12-16)
4

Sec. 11-1.60.
Aggravated criminal sexual abuse.
5

(a) A person commits aggravated criminal sexual abuse if
6
that person commits criminal sexual abuse and any of the
7
following aggravating circumstances exist (i) during the
8
commission of the offense or (ii) for purposes of paragraph
9
(7), as part of the same course of conduct as the commission of
10
the offense:
11

(1) the person displays, threatens to use, or uses a
12

dangerous weapon or any other object fashioned or used in
13

a manner that leads the victim, under the circumstances,
14

reasonably to believe that the object is a dangerous
15

weapon;
16

(2) the person causes bodily harm to the victim;
17

(3) the victim is 60 years of age or older;
18

(4) the victim is a person with a physical disability;
19

(5) the person acts in a manner that threatens or
20

endangers the life of the victim or any other person;
21

(6) the person commits the criminal sexual abuse
22

during the course of committing or attempting to commit
23

any other felony; or
24

(7) the person delivers (by injection, inhalation,
25

ingestion, transfer of possession, or any other means) any

SB3892
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LRB104 17925 RLC 31362 b
1

controlled substance to the victim for other than medical
2

purposes without the victim's consent or by threat or
3

deception.
4

(b) A person commits aggravated criminal sexual abuse if
5
that person commits an act of sexual conduct with a victim who
6
is under 18 years of age and the person is a family member.
7

(c) A person commits aggravated criminal sexual abuse if:
8

(1) that person is 17 years of age or over and: (i)
9

commits an act of sexual conduct with a victim who is under
10

13 years of age; or (ii) commits an act of sexual conduct
11

with a victim who is at least 13 years of age but under 17
12

years of age and the person uses force or threat of force
13

to commit the act; or
14

(2) that person is under 17 years of age and: (i)
15

commits an act of sexual conduct with a victim who is under
16

9 years of age; or (ii) commits an act of sexual conduct
17

with a victim who is at least 9 years of age but under 17
18

years of age and the person uses force or threat of force
19

to commit the act.
20

(d) A person commits aggravated criminal sexual abuse if
21
that person commits an act of sexual penetration or sexual
22
conduct with a victim who is at least 13 years of age but under
23
17 years of age and the person is at least 5 years older than
24
the victim.
25

(e) A person commits aggravated criminal sexual abuse if
26
that person commits an act of sexual conduct with a victim who

SB3892
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LRB104 17925 RLC 31362 b
1
is a person with a severe or profound intellectual disability.
2

(f) A person commits aggravated criminal sexual abuse if
3
that person commits an act of sexual conduct with a victim who
4
is but under 18 years of age and the person is 17 years of age
5
or over and holds a position of trust, authority, or
6
supervision in relation to the victim.
7

(g) Sentence.
A person convicted of aggravated criminal
8
sexual abuse may be sentenced to death. If not sentenced to
9
death, a person convicted of aggravated

Aggravated
criminal
10
sexual abuse for a violation of subsection (a), (b), (c), (d)
11
or (e) of this Section is a Class 2 felony.
If not sentenced to
12
death a person convicted of aggravated

Aggravated
criminal
13
sexual abuse for a violation of subsection (f) of this Section
14
is a Class 1 felony.
15
(Source: P.A. 102-567, eff. 1-1-22
.)

16

Section 15.
The Code of Criminal Procedure of 1963 is
17
amended by changing Section 119-1 as follows:

18

(725 ILCS 5/119-1)
19

Sec. 119-1.
Death penalty
restored

abolished
.
20

(a)
(Blank).

Beginning on July 1, 2011 (the effective date
21
of Public Act 96-1543), notwithstanding any other law to the
22
contrary, the death penalty is abolished and a sentence to
23
death may not be imposed.

24

(b) The Death Penalty
Restoration

Abolition
Fund, a

SB3892
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LRB104 17925 RLC 31362 b
1
special fund in the State treasury, shall be expended by the
2
Illinois Criminal Justice Information Authority for services
3
for families of victims of homicide or murder and for training
4
of law enforcement personnel.
5
(Source: P.A. 104-2, eff. 6-16-25.)

6

Section 20.
The Unified Code of Corrections is amended by
7
changing Sections 5-4.5-20 and 5-8-1 as follows:

8

(730 ILCS 5/5-4.5-20)
9

Sec. 5-4.5-20.
FIRST DEGREE MURDER; SENTENCE.
For first
10
degree murder:
11

(a) TERM.
The defendant may be sentenced to death. If not
12
sentenced to death, the

The
defendant shall be sentenced to
13
imprisonment under Section 9-1 of the Criminal Code of 1961 or
14
the Criminal Code of 2012. Imprisonment shall be for a
15
determinate term, subject to Section 5-4.5-115 of this Code,
16
of (1) not less than 20 years and not more than 60 years; (2)
17
not less than 60 years and not more than 100 years when an
18
extended term is imposed under Section 5-8-2; or (3) natural
19
life as provided in Section 5-8-1.
20

(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
21
shall not be imposed.
22

(c) IMPACT INCARCERATION. The impact incarceration program
23
or the county impact incarceration program is not an
24
authorized disposition.

SB3892
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LRB104 17925 RLC 31362 b
1

(d) PROBATION; CONDITIONAL DISCHARGE. A period of
2
probation or conditional discharge shall not be imposed.
3

(e) FINE. Fines may be imposed as provided in Section
4
5-4.5-50(b).
5

(f) RESTITUTION. See Section 5-5-6 concerning restitution.
6

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
7
be concurrent or consecutive as provided in Section 5-8-4 and
8
Section 5-4.5-50.
9

(h) DRUG COURT. Drug court is not an authorized
10
disposition.
11

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100
12
concerning no credit for time spent in home detention prior to
13
judgment.
14

(j) SENTENCE CREDIT. See Section 3-6-3 for rules and
15
regulations for sentence credit.
16

(k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
17
monitoring and home detention are not authorized dispositions,
18
except in limited circumstances as provided in Section 5-8A-3.
19

(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
20
provided in Section 3-3-8, the parole or mandatory supervised
21
release term shall be 3 years upon release from imprisonment.
22
(Source: P.A. 103-51, eff. 1-1-24
.)

23

(730 ILCS 5/5-8-1)

(from Ch. 38, par. 1005-8-1)
24

Sec. 5-8-1.
Natural life imprisonment; enhancements for
25
use of a firearm; mandatory supervised release terms.

SB3892
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LRB104 17925 RLC 31362 b
1

(a) Except as otherwise provided in the statute defining
2
the offense or in Article 4.5 of Chapter V, a sentence of
3
imprisonment for a felony shall be a determinate sentence set
4
by the court under this Section, subject to Section 5-4.5-115
5
of this Code, according to the following limitations:
6

(1) for first degree murder,
7

(a) (blank),
8

(a-5) a sentence of death may be imposed. If the
9

sentence of death is not imposed, the person shall be
10

sentenced as provided in this Section or Section
11

5-4.5-20,

12

(b) if a trier of fact finds beyond a reasonable
13

doubt that the murder was accompanied by exceptionally
14

brutal or heinous behavior indicative of wanton
15

cruelty or, except as set forth in subsection
16

(a)(1)(c) of this Section, that any of the aggravating
17

factors listed in subparagraph (b-5) are present, the
18

court may sentence the defendant, subject to Section
19

5-4.5-105, to a term of natural life imprisonment, or
20

(b-5) a defendant who at the time of the
21

commission of the offense has attained the age of 18 or
22

more and who has been found guilty of first degree
23

murder may be sentenced to a term of natural life
24

imprisonment if:
25

(1) the murdered individual was an inmate at
26

an institution or facility of the Department of

SB3892
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LRB104 17925 RLC 31362 b
1

Corrections, or any similar local correctional
2

agency and was killed on the grounds thereof, or
3

the murdered individual was otherwise present in
4

such institution or facility with the knowledge
5

and approval of the chief administrative officer
6

thereof;
7

(2) the murdered individual was killed as a
8

result of the hijacking of an airplane, train,
9

ship, bus, or other public conveyance;
10

(3) the defendant committed the murder
11

pursuant to a contract, agreement, or
12

understanding by which he or she was to receive
13

money or anything of value in return for
14

committing the murder or procured another to
15

commit the murder for money or anything of value;
16

(4) the murdered individual was killed in the
17

course of another felony if:
18

(A) the murdered individual:
19

(i) was actually killed by the
20

defendant, or
21

(ii) received physical injuries
22

personally inflicted by the defendant
23

substantially contemporaneously with
24

physical injuries caused by one or more
25

persons for whose conduct the defendant is
26

legally accountable under Section 5-2 of

SB3892
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LRB104 17925 RLC 31362 b
1

this Code, and the physical injuries
2

inflicted by either the defendant or the
3

other person or persons for whose conduct
4

he is legally accountable caused the death
5

of the murdered individual; and (B) in
6

performing the acts which caused the death
7

of the murdered individual or which
8

resulted in physical injuries personally
9

inflicted by the defendant on the murdered
10

individual under the circumstances of
11

subdivision (ii) of clause (A) of this
12

clause (4), the defendant acted with the
13

intent to kill the murdered individual or
14

with the knowledge that his or her acts
15

created a strong probability of death or
16

great bodily harm to the murdered
17

individual or another; and
18

(B) in performing the acts which caused
19

the death of the murdered individual or which
20

resulted in physical injuries personally
21

inflicted by the defendant on the murdered
22

individual under the circumstances of
23

subdivision (ii) of clause (A) of this clause
24

(4), the defendant acted with the intent to
25

kill the murdered individual or with the
26

knowledge that his or her acts created a

SB3892
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LRB104 17925 RLC 31362 b
1

strong probability of death or great bodily
2

harm to the murdered individual or another;
3

and
4

(C) the other felony was an inherently
5

violent crime or the attempt to commit an
6

inherently violent crime. In this clause (C),
7

"inherently violent crime" includes, but is
8

not limited to, armed robbery, robbery,
9

predatory criminal sexual assault of a child,
10

aggravated criminal sexual assault, aggravated
11

kidnapping, aggravated vehicular hijacking,
12

aggravated arson, aggravated stalking,
13

residential burglary, and home invasion;
14

(5) the defendant committed the murder with
15

intent to prevent the murdered individual from
16

testifying or participating in any criminal
17

investigation or prosecution or giving material
18

assistance to the State in any investigation or
19

prosecution, either against the defendant or
20

another; or the defendant committed the murder
21

because the murdered individual was a witness in
22

any prosecution or gave material assistance to the
23

State in any investigation or prosecution, either
24

against the defendant or another; for purposes of
25

this clause (5), "participating in any criminal
26

investigation or prosecution" is intended to

SB3892
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LRB104 17925 RLC 31362 b
1

include those appearing in the proceedings in any
2

capacity such as trial judges, prosecutors,
3

defense attorneys, investigators, witnesses, or
4

jurors;
5

(6) the defendant, while committing an offense
6

punishable under Section 401, 401.1, 401.2, 405,
7

405.2, 407, or 407.1 or subsection (b) of Section
8

404 of the Illinois Controlled Substances Act, or
9

while engaged in a conspiracy or solicitation to
10

commit such offense, intentionally killed an
11

individual or counseled, commanded, induced,
12

procured, or caused the intentional killing of the
13

murdered individual;
14

(7) the defendant was incarcerated in an
15

institution or facility of the Department of
16

Corrections at the time of the murder, and while
17

committing an offense punishable as a felony under
18

Illinois law, or while engaged in a conspiracy or
19

solicitation to commit such offense, intentionally
20

killed an individual or counseled, commanded,
21

induced, procured, or caused the intentional
22

killing of the murdered individual;
23

(8) the murder was committed in a cold,
24

calculated and premeditated manner pursuant to a
25

preconceived plan, scheme, or design to take a
26

human life by unlawful means, and the conduct of

SB3892
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LRB104 17925 RLC 31362 b
1

the defendant created a reasonable expectation
2

that the death of a human being would result
3

therefrom;
4

(9) the defendant was a principal
5

administrator, organizer, or leader of a
6

calculated criminal drug conspiracy consisting of
7

a hierarchical position of authority superior to
8

that of all other members of the conspiracy, and
9

the defendant counseled, commanded, induced,
10

procured, or caused the intentional killing of the
11

murdered person;
12

(10) the murder was intentional and involved
13

the infliction of torture. For the purpose of this
14

clause (10), torture means the infliction of or
15

subjection to extreme physical pain, motivated by
16

an intent to increase or prolong the pain,
17

suffering, or agony of the victim;
18

(11) the murder was committed as a result of
19

the intentional discharge of a firearm by the
20

defendant from a motor vehicle and the victim was
21

not present within the motor vehicle;
22

(12) the murdered individual was a person with
23

a disability and the defendant knew or should have
24

known that the murdered individual was a person
25

with a disability. For purposes of this clause
26

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

SB3892
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LRB104 17925 RLC 31362 b
1

who suffers from a permanent physical or mental
2

impairment resulting from disease, an injury, a
3

functional disorder, or a congenital condition
4

that renders the person incapable of adequately
5

providing for his or her own health or personal
6

care;
7

(13) the murdered individual was subject to an
8

order of protection and the murder was committed
9

by a person against whom the same order of
10

protection was issued under the Illinois Domestic
11

Violence Act of 1986;
12

(14) the murdered individual was known by the
13

defendant to be a teacher or other person employed
14

in any school and the teacher or other employee is
15

upon the grounds of a school or grounds adjacent
16

to a school, or is in any part of a building used
17

for school purposes;
18

(15) the murder was committed by the defendant
19

in connection with or as a result of the offense of
20

terrorism as defined in Section 29D-14.9 of this
21

Code;
22

(16) the murdered individual was a member of a
23

congregation engaged in prayer or other religious
24

activities at a church, synagogue, mosque, or
25

other building, structure, or place used for
26

religious worship; or

SB3892
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LRB104 17925 RLC 31362 b
1

(17)(i) the murdered individual was a
2

physician, physician assistant, psychologist,
3

nurse, or advanced practice registered nurse;
4

(ii) the defendant knew or should have known
5

that the murdered individual was a physician,
6

physician assistant, psychologist, nurse, or
7

advanced practice registered nurse; and
8

(iii) the murdered individual was killed in
9

the course of acting in his or her capacity as a
10

physician, physician assistant, psychologist,
11

nurse, or advanced practice registered nurse, or
12

to prevent him or her from acting in that
13

capacity, or in retaliation for his or her acting
14

in that capacity.
15

(c) the court shall sentence the defendant to a
16

term of natural life imprisonment if the defendant, at
17

the time of the commission of the murder, had attained
18

the age of 18, and:
19

(i) has previously been convicted of first
20

degree murder under any state or federal law, or
21

(ii) is found guilty of murdering more than
22

one victim, or
23

(iii) is found guilty of murdering a peace
24

officer, fireman, or emergency management worker
25

when the peace officer, fireman, or emergency
26

management worker was killed in the course of

SB3892
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LRB104 17925 RLC 31362 b
1

performing his official duties, or to prevent the
2

peace officer or fireman from performing his
3

official duties, or in retaliation for the peace
4

officer, fireman, or emergency management worker
5

from performing his official duties, and the
6

defendant knew or should have known that the
7

murdered individual was a peace officer, fireman,
8

or emergency management worker, or
9

(iv) is found guilty of murdering an employee
10

of an institution or facility of the Department of
11

Corrections, or any similar local correctional
12

agency, when the employee was killed in the course
13

of performing his official duties, or to prevent
14

the employee from performing his official duties,
15

or in retaliation for the employee performing his
16

official duties, or
17

(v) is found guilty of murdering an emergency
18

medical technician - ambulance, emergency medical
19

technician - intermediate, emergency medical
20

technician - paramedic, ambulance driver, or other
21

medical assistance or first aid person while
22

employed by a municipality or other governmental
23

unit when the person was killed in the course of
24

performing official duties or to prevent the
25

person from performing official duties or in
26

retaliation for performing official duties and the

SB3892
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LRB104 17925 RLC 31362 b
1

defendant knew or should have known that the
2

murdered individual was an emergency medical
3

technician - ambulance, emergency medical
4

technician - intermediate, emergency medical
5

technician - paramedic, ambulance driver, or other
6

medical assistant or first aid personnel, or
7

(vi) (blank), or
8

(vii) is found guilty of first degree murder
9

and the murder was committed by reason of any
10

person's activity as a community policing
11

volunteer or to prevent any person from engaging
12

in activity as a community policing volunteer. For
13

the purpose of this Section, "community policing
14

volunteer" has the meaning ascribed to it in
15

Section 2-3.5 of the Criminal Code of 2012.
16

For purposes of clause (v), "emergency medical
17

technician - ambulance", "emergency medical technician -
18

intermediate", and "emergency medical technician -
19

paramedic"have the meanings ascribed to them in the
20

Emergency Medical Services (EMS) Systems Act.
21

(d)(i) if the person committed the offense while
22

armed with a firearm, 15 years shall be added to
23

the term of imprisonment imposed by the court;
24

(ii) if, during the commission of the offense, the
25

person personally discharged a firearm, 20 years shall
26

be added to the term of imprisonment imposed by the

SB3892
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LRB104 17925 RLC 31362 b
1

court;
2

(iii) if, during the commission of the offense,
3

the person personally discharged a firearm that
4

proximately caused great bodily harm, permanent
5

disability, permanent disfigurement, or death to
6

another person, 25 years or up to a term of natural
7

life shall be added to the term of imprisonment
8

imposed by the court.
9

(2) (blank);
10

(2.5) for a person who has attained the age of 18 years
11

at the time of the commission of the offense and who is
12

convicted under the circumstances described in subdivision
13

(b)(1)(B) of Section 11-1.20 or paragraph (3) of
14

subsection (b) of Section 12-13, subdivision (d)(2) of
15

Section 11-1.30 or paragraph (2) of subsection (d) of
16

Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
17

paragraph (1.2) of subsection (b) of Section 12-14.1,
18

subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
19

subsection (b) of Section 12-14.1 of the Criminal Code of
20

1961 or the Criminal Code of 2012, the sentence shall be a
21

term of natural life imprisonment.
22

(b) (Blank).
23

(c) (Blank).
24

(d) Subject to earlier termination under Section 3-3-8,
25
the parole or mandatory supervised release term shall be
26
written as part of the sentencing order and shall be as

SB3892
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LRB104 17925 RLC 31362 b
1
follows:
2

(1) for first degree murder or for the offenses of
3

predatory criminal sexual assault of a child, aggravated
4

criminal sexual assault, and criminal sexual assault if
5

committed on or before December 12, 2005, 3 years;
6

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

subsection (d), for a Class X felony except for the
8

offenses of predatory criminal sexual assault of a child,
9

aggravated criminal sexual assault, and criminal sexual
10

assault if committed on or after December 13, 2005 (the
11

effective date of Public Act 94-715) and except for the
12

offense of aggravated child pornography under Section
13

11-20.1B, 11-20.3, or 11-20.1 with sentencing under
14

subsection (c-5) of Section 11-20.1 of the Criminal Code
15

of 1961 or the Criminal Code of 2012, if committed on or
16

after January 1, 2009, and except for the offense of
17

obscene depiction of a purported child with sentencing
18

under subsection (d) of Section 11-20.4 of the Criminal
19

Code of 2012, 18 months;
20

(2) except as provided in paragraph (7) of this
21

subsection (d), for a Class 1 felony or a Class 2 felony
22

except for the offense of criminal sexual assault if
23

committed on or after December 13, 2005 (the effective
24

date of Public Act 94-715) and except for the offenses of
25

manufacture and dissemination of child sexual abuse
26

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

SB3892
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LRB104 17925 RLC 31362 b
1

11-20.1 of the Criminal Code of 1961 or the Criminal Code
2

of 2012, if committed on or after January 1, 2009, and
3

except for the offense of obscene depiction of a purported
4

child under paragraph (2) of subsection (b) of Section
5

11-20.4 of the Criminal Code of 2012, 12 months;
6

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

of this subsection (d), for a Class 3 felony or a Class 4
8

felony, 6 months; no later than 45 days after the onset of
9

the term of mandatory supervised release, the Prisoner
10

Review Board shall conduct a discretionary discharge
11

review pursuant to the provisions of Section 3-3-8, which
12

shall include the results of a standardized risk and needs
13

assessment tool administered by the Department of
14

Corrections; the changes to this paragraph (3) made by
15

Public Act 102-1104 apply to all individuals released on
16

mandatory supervised release on or after December 6, 2022
17

(the effective date of Public Act 102-1104), including
18

those individuals whose sentences were imposed prior to
19

December 6, 2022 (the effective date of Public Act
20

102-1104);
21

(4) for defendants who commit the offense of predatory
22

criminal sexual assault of a child, aggravated criminal
23

sexual assault, or criminal sexual assault, on or after
24

December 13, 2005 (the effective date of Public Act
25

94-715), or who commit the offense of aggravated child
26

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

SB3892
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LRB104 17925 RLC 31362 b
1

with sentencing under subsection (c-5) of Section 11-20.1
2

of the Criminal Code of 1961 or the Criminal Code of 2012,
3

manufacture of child sexual abuse material, or
4

dissemination of child sexual abuse material after January
5

1, 2009, or who commit the offense of obscene depiction of
6

a purported child under paragraph (2) of subsection (b) of
7

Section 11-20.4 of the Criminal Code of 2012 or who commit
8

the offense of obscene depiction of a purported child with
9

sentencing under subsection (d) of Section 11-20.4 of the
10

Criminal Code of 2012, the term of mandatory supervised
11

release shall range from a minimum of 3 years to a maximum
12

of the natural life of the defendant;
13

(5) if the victim is under 18 years of age, for a
14

second or subsequent offense of aggravated criminal sexual
15

abuse or felony criminal sexual abuse, 4 years, at least
16

the first 2 years of which the defendant shall serve in an
17

electronic monitoring or home detention program under
18

Article 8A of Chapter V of this Code;
19

(6) for a felony domestic battery, aggravated domestic
20

battery, stalking, aggravated stalking, and a felony
21

violation of an order of protection, 4 years;
22

(7) for any felony described in paragraph (a)(2)(ii),
23

(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
24

(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
25

3-6-3 of the Unified Code of Corrections requiring an
26

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

SB3892
- 33 -
LRB104 17925 RLC 31362 b
1

sentence, except for the offenses of predatory criminal
2

sexual assault of a child, aggravated criminal sexual
3

assault, and criminal sexual assault if committed on or
4

after December 13, 2005 (the effective date of Public Act
5

94-715) and except for the offense of aggravated child
6

pornography under Section 11-20.1B, 11-20.3, or 11-20.1
7

with sentencing under subsection (c-5) of Section 11-20.1
8

of the Criminal Code of 1961 or the Criminal Code of 2012,
9

if committed on or after January 1, 2009, and except for
10

the offense of obscene depiction of a purported child with
11

sentencing under subsection (d) of Section 11-20.4 of the
12

Criminal Code of 2012, and except as provided in paragraph
13

(4) or paragraph (6) of this subsection (d), the term of
14

mandatory supervised release shall be as follows:
15

(A) Class X felony, 3 years;
16

(B) Class 1 or Class 2 felonies, 2 years;
17

(C) Class 3 or Class 4 felonies, 1 year.
18

(e) (Blank).
19

(f) (Blank).
20

(g) Notwithstanding any other provisions of this Act and
21
of Public Act 101-652: (i) the provisions of paragraph (3) of
22
subsection (d) are effective on July 1, 2022 and shall apply to
23
all individuals convicted on or after the effective date of
24
paragraph (3) of subsection (d); and (ii) the provisions of
25
paragraphs (1.5) and (2) of subsection (d) are effective on
26
July 1, 2021 and shall apply to all individuals convicted on or

SB3892
- 34 -
LRB104 17925 RLC 31362 b
1
after the effective date of paragraphs (1.5) and (2) of
2
subsection (d).
3
(Source: P.A. 103-51, eff. 1-1-24; 103-825, eff. 1-1-25;
4
104-245, eff. 1-1-26; 104-417, eff. 8-15-25
.)

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