CRIM CD&CORR-FIREARM SENTENCE

Amends the Criminal Code of 2012. Provides that various added sentences of imprisonment for committing offenses while armed with a firearm or by personally discharging a firearm are discretionary and constitute the maximum sentences that may be imposed by the court. House Committee Amendment No. 1 Deletes reference to: 720 ILCS 5/8-4 from Ch. 38, par. 8-4 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2 720 ILCS 5/10-2 from Ch. 38, par. 10-2 720 ILCS 5/11-1.40 was 720 ILCS 5/12-14.1 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 720 ILCS 5/18-2 from Ch. 38, par. 18-2 720 ILCS 5/18-4 720 ILCS 5/19-6 was 720 ILCS 5/12-11 720 ILCS 5/33A-3 from Ch. 38, par. 33A-3 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 Adds reference to: 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that in imposing sentences of imprisonment for certain violations of the Criminal Code of 2012, the court may, in its discretion, decline to impose or impose a term of years less than any otherwise applicable sentencing enhancement based upon firearm possession, possession with personal discharge, or possession with personal discharge that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person. Provides that in the exercise of this discretion the court shall consider specified factors. House Floor Amendment No. 2 Deletes reference to: 730 ILCS 5/5-4-1 Adds reference to: 730 ILCS 5/5-4.5-105 Replaces everything after the enacting clause. Amends the Unified Code of Corrections. Provides that when a person commits an offense and the person is under 21, rather than under 18, the court, at the sentencing hearing shall consider specified factors in mitigation in determining the appropriate sentence. House Floor Amendment No. 3 Provides that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions based on the category of persons identified therein, the court shall impose a sentence of not less than 40 years of imprisonment. Provides that, in addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense. Fiscal Note (Admin Office of the Illinois Courts) HB 2989 amends the Criminal Code of 2012, making various statutory sentencing provisions discretionary rather than mandatory. Based on a review of the bill, it has been determined that the proposed legislation would have no fiscal impact on the state appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any, the bill would have on local judicial budgets. House Floor Amendment No. 4 Provides that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions based on the category of persons identified therein, the court shall impose a sentence of not less than 40 years of imprisonment. Provides that, in addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense.