Subject Index Sentencing

On Oct. 20, 2022, the Illinois Supreme Court held that a defendant’s first felony committed at 17 years old was not a qualifying offense for class X sentencing.

On Sept. 30, 2022, the First District of the Illinois Appellate Court held that the resentencing judge abused his discretion when he imposed a longer sentence upon the defendant than the government and state agreed on.

On Mar. 9, 2022, the Third District of the Illinois Appellate Court held that a guilty plea waives a challenge to a de facto life sentence.

On Oct. 12, 2021, the First District of the Illinois Appellate Court reversed a trial court’s judgment that a juvenile was an armed habitual criminal.

On Sept. 13, 2021, the Fifth District of the Illinois Appellate Court held that a trial court’s application of a new Illinois parole statute to an 80-year sentence is constitutionally valid.

On Aug. 11, 2021, the Fourth District of the Illinois Appellate Court affirmed a circuit court’s judgment to impose a natural-life sentence.

On May 26, 2021, the Fifth District of the Illinois Appellate Court held that a 55-year sentence does not violate Eighth Amendment rights.

On Jan. 29, 2021, the Third District of the Illinois Appellate Court held that a defense counsel’s failure to inform the defendant of the defendant’s class X sentencing eligibility constitutes ineffective assistance.

The defendant, with a prior burglary conviction, pleaded guilty to burglary and theft, but then failed to appear at his sentencing hearing. The trial court sentenced the defendant in abstentia to six years of prison.

The Fourth District Appellate Court reversed and remanded a case with instructions for a new sentencing hearing.

A felon convicted of unlawful use or possession of a firearm shall be sentenced to a term of imprisonment not less than 7 years but not more than 14 years.

The Illinois Supreme Court held that a prior juvenile adjudication is the equivalent of a prior conviction for purposes of extended-term sentencing.

Busse's sentence of 12 years in state penitentiary for burglary committed in a school was overturned as excessive.

A proposed amendment to the Uniform Code of Corrections would allow certain youth offenders to petition for sentencing review.

The Unified Code of Corrections was amended to ensure mental illness will be weighed in favor of withholding or minimizing a prison sentence.

On February 19, 2016, the Supreme Court of Illinois held that enhanced sentencing under the Habitual Criminal Act does not affect whether a sentence for aggravated vehicular hijacking with a dangerous weapon other than a firearm ("AVH/DW") violates the Proportionate Penalties Clause of the Illinois Constitution.

On December 3, 2015, the Supreme Court of Illinois reversed a circuit court's order and held that section 24-1.6(a)(1), (a)(3)(C) of the Aggravated Unlawful Use of a Weapon (AUUW) statute does not violate the Proportionate Penalties Clause of the Illinois Constitution or the Equal Protection clauses of the United States and Illinois Constitutions.

With the popularity of flash mobs - and flash mob criminal groups - on the rise in recent years, the legislature added mob action to the list of factors that a court may consider in order to impose an extended term sentence. 730 ILCS 5/5-5-3.2.

Illinois lawmakers have amended the Criminal Code of 1961 to raise the fine when imposing absolute liability on a person who committed a misdemeanor offense that is not punishable by incarceration (720 ILCS 5/4-9).

The Alcoholism and Other Drug Abuse and Dependency Act has been amended and expanded to allow not only addicts or alcoholics convicted of a crime but also first-time misdemeanor violators of the Use of Intoxicating Compounds Act to choose to receive treatment under the supervision of a designated licensed program. (20 ILCS 301/40-5; 720 ILCS 690/4).

Illinois lawmakers have abolished the death penalty in Illinois and all existing sentences may not be imposed. (725 ILCS 5/119-1 new). All monies previously held in the Capital Litigation Trust Fund are now to be used to provide services for families of the victims of homicide and to provide training for law enforcement personnel.

 Penalties for theft have been adjusted by Illinois lawmakers to increase the value of property covered by minimum misdemeanor and felony sentencing. 720 ILCS 5/16-1.