SB 3779

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Full Text of SB3779
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	SB3779 - 104th General Assembly
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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,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing 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
8use of a firearm; mandatory supervised release terms.
9    (a) Except as otherwise provided in the statute defining
10the offense or in Article 4.5 of Chapter V, a sentence of
11imprisonment for a felony shall be a determinate sentence set
12by the court under this Section, subject to Section 5-4.5-115
13of 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
		SB3779	- 2 -	LRB104 18963 RLC 32408 b
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	- 3 -	LRB104 18963 RLC 32408 b
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	- 4 -	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	- 5 -	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	- 6 -	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	- 7 -	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	- 8 -	LRB104 18963 RLC 32408 b
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	- 9 -	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	- 10 -	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	- 11 -	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	- 12 -	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,
20the parole or mandatory supervised release term shall be
21written as part of the sentencing order and shall be as
22follows:
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	- 13 -	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	- 14 -	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
		SB3779	- 15 -	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	- 16 -	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
16of Public Act 101-652: (i) the provisions of paragraph (3) of
17subsection (d) are effective on July 1, 2022 and shall apply to
18all individuals convicted on or after the effective date of
19paragraph (3) of subsection (d); and (ii) the provisions of
20paragraphs (1.5) and (2) of subsection (d) are effective on
21July 1, 2021 and shall apply to all individuals convicted on or
22after the effective date of paragraphs (1.5) and (2) of
23subsection (d).
24(Source: P.A. 103-51, eff. 1-1-24; 103-825, eff. 1-1-25;
25104-245, eff. 1-1-26; 104-417, eff. 8-15-25.)