Chapter III Firearm Enhancements: 15, 20, and 25 to Life.

• Library: Guide to Sentencing and Bond Hearings in Illinois (2018 Ed.)

Chapter III. FIREARM ENHANCEMENTS: 15, 20, AND 25 TO LIFE. Note: Effective January 1, 2016 all firearm enhancements are discretionary for offenders who are under 18 years of age at the time of the offense. Pub. Act 99-069 (enacting 730 ILCS 5/5-4.5-105).

Effective January 1, 2000 Unless Otherwise Noted

	15 YEARS	20 YEARS	25 YEARS - LIFE
First Degree Murder	Constitutional ***	Constitutional *	Constitutional *
Attempt First Degree Murder	Constitutional ***	Constitutional ***	Constitutional ***
Intentional Homicide of an Unborn Child	Constitutional ***	Constitutional ***	Constitutional ***
Aggravated Kidnapping	Constitutional Effective 10/23/07 *****	Constitutional ***	Constitutional ***
Home Invasion	Constitutional ****	Constitutional ***	Constitutional ***
Aggravated Battery of a Child	Constitutional ***	Constitutional ***	Constitutional ***
Aggravated Criminal Sexual Assault	Constitutional Effective 10/23/07 *****	Constitutional ***	Constitutional ***
Predatory Criminal Sexual Assault	Constitutional ***	Constitutional ***	No 25-Life for personal discharge causing GBH. (50-Life for GBH or threatening the Life)
Armed Robbery	Constitutional Effective 10/23/07 *****	Constitutional ***	Constitutional ***
Aggravated Vehicular Hijacking	Constitutional Effective 10/23/07 *****	Constitutional ***	Constitutional ***

* People v. Tamara Sawczenko-Dub, 345 Ill. App. 3d (1st Dist. 2003).

** People v. Harvey, 366 Ill. App. 3d 119 (1st Dist. 2006).

*** People v. Sharpe, 216 Ill. 2d 481 (2005).

**** People v. Hill, 199 Ill. 2d 440 (2002).

***** People v. Blair, 2013 IL 114122.

A. General Issues for Firearm Enhancements

Note: In 2015, the Illinois Supreme Court abolished the void sentence rule. People v. Castleberry, 2015 IL 116916. Be aware that this decision may affect appellate results for defendants who were sentenced illegally.

All firearm enhancements are now valid. People v. Blair, 2013 IL 114122. Though firearm enhancements are typically mandatory, be aware of the following circumstances.

Note: Effective January 1,2016 all firearm enhancements are discretionary for offenders who were under the age of 18 years at the time of the commission of the offense. Pub. Act 99-069 (enacting 730 ILCS 5/5-4.5-105).

See also People v. Harris, 2016 IL App (1st) 141744 where the Court held that the aggregate minimum sentence required in Harris' First Degree Murder and Attempt Murder convictions was unconstitutional as-applied to Harris because Harris had recently reached 18 years of age at the time of the incident, and that the 76-year mandatory minimum sentence which Harris received was actually a de facto life sentence. The court held that each component of that sentence was constitutional but that the total sentence violated the Rehabilitation Clause of the Illinois Constitution. The court remanded Harris for resentencing, ordering the trial court to consider mitigation before resentencing the defendant.

See also People v. Thomas, 2017 IL App (1st) 142557, where the Court declined to follow the opinion in Harris, finding that to do so would exceed the authority of the judiciary as establishing...