093_HB0213

 
                                     LRB093 04416 RLC 04466 b

 1        AN ACT to abolish the death penalty.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 3.  The Department of State  Police  Law  of  the
 5    Civil  Administrative Code of Illinois is amended by changing
 6    Section 2605-40 as follows:

 7        (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
 8        Sec.  2605-40.  Division  of  Forensic   Services.    The
 9    Division  of  Forensic  Services shall exercise the following
10    functions:
11             (1)  Exercise the rights, powers, and duties  vested
12        by  law  in the Department by the Criminal Identification
13        Act.
14             (2)  Exercise the rights, powers, and duties  vested
15        by law in the Department by Section 2605-300 of this Law.
16             (3)  Provide  assistance  to  local  law enforcement
17        agencies through  training,  management,  and  consultant
18        services.
19             (4)  (Blank).
20             (5)  Exercise  other  duties that may be assigned by
21        the Director in order to fulfill the responsibilities and
22        achieve the purposes of the Department.
23             (6)  Establish  and  operate  a   forensic   science
24        laboratory  system,  including  a  forensic toxicological
25        laboratory service, for the purpose of testing  specimens
26        submitted  by coroners and other law enforcement officers
27        in their efforts to determine whether alcohol, drugs,  or
28        poisonous or other toxic substances have been involved in
29        deaths,  accidents,  or  illness.  Forensic toxicological
30        laboratories  shall  be   established   in   Springfield,
31        Chicago, and elsewhere in the State as needed.
 
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 1             (7)  (Blank).  Subject  to  specific  appropriations
 2        made  for  these  purposes,  establish  and  coordinate a
 3        system for  providing  accurate  and  expedited  forensic
 4        science  and  other investigative and laboratory services
 5        to local  law  enforcement  agencies  and  local  State's
 6        Attorneys  in  aid  of  the  investigation  and  trial of
 7        capital cases.
 8    (Source: P.A.  90-130,  eff.  1-1-98;  91-239,  eff.  1-1-00;
 9    91-589, eff. 1-1-00; 91-760, eff. 1-1-01.)

10        Section 5.  The Criminal Identification Act is amended by
11    changing Section 2.1 as follows:

12        (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
13        Sec.  2.1.   For  the purpose of maintaining complete and
14    accurate criminal records of the Department of State  Police,
15    it  is  necessary  for all policing bodies of this State, the
16    clerk of  the  circuit  court,  the  Illinois  Department  of
17    Corrections, the sheriff of each county, and State's Attorney
18    of each county to submit certain criminal arrest, charge, and
19    disposition  information  to the Department for filing at the
20    earliest time possible. Unless  otherwise  noted  herein,  it
21    shall  be  the duty of all policing bodies of this State, the
22    clerk of  the  circuit  court,  the  Illinois  Department  of
23    Corrections,  the  sheriff  of  each  county, and the State's
24    Attorney  of  each  county  to  report  such  information  as
25    provided in  this  Section,  both  in  the  form  and  manner
26    required by the Department and within 30 days of the criminal
27    history event. Specifically:
28        (a)  Arrest Information.  All agencies making arrests for
29    offenses  which  are  required  by  statute  to be collected,
30    maintained or disseminated by the Department of State  Police
31    shall  be  responsible for furnishing daily to the Department
32    fingerprints, charges and descriptions of all persons who are
 
                            -3-      LRB093 04416 RLC 04466 b
 1    arrested for such offenses.  All  such  agencies  shall  also
 2    notify  the  Department  of  all  decisions  by the arresting
 3    agency not  to  refer  such  arrests  for  prosecution.  With
 4    approval of the Department, an agency making such arrests may
 5    enter  into  arrangements with other agencies for the purpose
 6    of  furnishing   daily   such   fingerprints,   charges   and
 7    descriptions to the Department upon its behalf.
 8        (b)  Charge  Information.  The  State's  Attorney of each
 9    county shall notify the Department of all charges  filed  and
10    all  petitions  filed  alleging  that  a minor is delinquent,
11    including all those added subsequent to the filing of a case,
12    and whether charges were not filed in  cases  for  which  the
13    Department  has  received information required to be reported
14    pursuant to paragraph (a) of this Section. With  approval  of
15    the   Department,   the   State's  Attorney  may  enter  into
16    arrangements  with  other  agencies  for   the   purpose   of
17    furnishing the information required by this subsection (b) to
18    the Department upon the State's Attorney's behalf.
19        (c)  Disposition  Information.  The  clerk of the circuit
20    court of each county shall furnish  the  Department,  in  the
21    form and manner required by the Supreme Court, with all final
22    dispositions  of  cases for which the Department has received
23    information required to be reported pursuant to paragraph (a)
24    or (d) of this Section. Such information shall  include,  for
25    each  charge,  all  (1) judgments of not guilty, judgments of
26    guilty  including  the  sentence  pronounced  by  the  court,
27    findings that a minor is delinquent  and  any  sentence  made
28    based  on  those  findings,  discharges and dismissals in the
29    court; (2) reviewing court orders filed with the clerk of the
30    circuit court which reverse or remand a  reported  conviction
31    or  findings  that  a  minor  is delinquent or that vacate or
32    modify a sentence or sentence made following a trial  that  a
33    minor  is  delinquent;  (3) continuances to a date certain in
34    furtherance of an order of supervision granted under  Section
 
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 1    5-6-1  of  the  Unified  Code  of  Corrections or an order of
 2    probation granted under Section 10 of  the  Cannabis  Control
 3    Act,  Section  410 of the Illinois Controlled Substances Act,
 4    Section 12-4.3 of the Criminal Code of 1961,  Section  10-102
 5    of  the  Illinois  Alcoholism  and Other Drug Dependency Act,
 6    Section 40-10 of the Alcoholism  and  Other  Drug  Abuse  and
 7    Dependency  Act,  Section  10  of the Steroid Control Act, or
 8    Section 5-615 of the Juvenile Court  Act  of  1987;  and  (4)
 9    judgments  or court orders terminating or revoking a sentence
10    to or  juvenile  disposition  of  probation,  supervision  or
11    conditional  discharge  and  any  resentencing  or  new court
12    orders  entered  by  a  juvenile  court   relating   to   the
13    disposition  of  a  minor's  case involving delinquency after
14    such revocation.
15        (d)  Fingerprints After Sentencing.
16             (1) After the court pronounces sentence, sentences a
17        minor following a trial in which a minor was found to  be
18        delinquent  or issues an order of supervision or an order
19        of probation granted under Section  10  of  the  Cannabis
20        Control  Act,  Section  410  of  the  Illinois Controlled
21        Substances Act, Section 12-4.3 of the  Criminal  Code  of
22        1961, Section 10-102 of the Illinois Alcoholism and Other
23        Drug  Dependency Act, Section 40-10 of the Alcoholism and
24        Other Drug Abuse and Dependency Act, Section  10  of  the
25        Steroid  Control  Act,  or  Section 5-615 of the Juvenile
26        Court Act of 1987 for any offense which  is  required  by
27        statute  to  be collected, maintained, or disseminated by
28        the Department of State Police, the State's  Attorney  of
29        each   county   shall  ask  the  court  to  order  a  law
30        enforcement agency to fingerprint immediately all persons
31        appearing before the court who have not  previously  been
32        fingerprinted for the same case. The court shall so order
33        the  requested  fingerprinting, if it determines that any
34        such person has not previously been fingerprinted for the
 
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 1        same case. The law enforcement agency shall  submit  such
 2        fingerprints to the Department daily.
 3             (2)  After  the court pronounces sentence or makes a
 4        disposition of a case following a finding of  delinquency
 5        for  any  offense  which is not required by statute to be
 6        collected, maintained, or disseminated by the  Department
 7        of  State  Police,  the  prosecuting attorney may ask the
 8        court to order a law enforcement  agency  to  fingerprint
 9        immediately  all  persons  appearing before the court who
10        have not previously been fingerprinted for the same case.
11        The court may so order the requested  fingerprinting,  if
12        it  determines  that  any  so  sentenced  person  has not
13        previously been fingerprinted for the same case.  The law
14        enforcement agency may retain such  fingerprints  in  its
15        files.
16        (e)  Corrections  Information. The Illinois Department of
17    Corrections and the sheriff of each county shall furnish  the
18    Department  with  all  information  concerning  the  receipt,
19    escape,   execution   before   the  effective  date  of  this
20    amendatory Act of the 93rd General Assembly, death,  release,
21    pardon,   parole,   commutation   of  sentence,  granting  of
22    executive clemency or discharge of an individual who has been
23    sentenced or  committed  to  the  agency's  custody  for  any
24    offenses  which  are  mandated  by  statute  to be collected,
25    maintained or disseminated by the Department of State Police.
26    For an individual who has been charged with any such  offense
27    and  who  escapes  from custody or dies while in custody, all
28    information concerning  the  receipt  and  escape  or  death,
29    whichever  is  appropriate, shall also be so furnished to the
30    Department.
31    (Source: P.A. 90-590, eff. 1-1-00.)

32        (30 ILCS 105/5.518 rep.)
33        Section  10.   The  State  Finance  Act  is  amended   by
 
                            -6-      LRB093 04416 RLC 04466 b
 1    repealing Section 5.518 on July 1, 2003.

 2        Section  15.   The  Counties  Code is amended by changing
 3    Sections 3-9005 and 3-4011 as follows:

 4        (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
 5        Sec. 3-9005.  Powers and duties of State's attorney.
 6        (a)  The duty of each State's attorney shall be:
 7             (1)  To commence and prosecute all  actions,  suits,
 8        indictments  and prosecutions, civil and criminal, in the
 9        circuit court for his county, in which the people of  the
10        State or county may be concerned.
11             (2)  To    prosecute   all   forfeited   bonds   and
12        recognizances, and all actions and  proceedings  for  the
13        recovery of debts, revenues, moneys, fines, penalties and
14        forfeitures  accruing  to  the State or his county, or to
15        any school district or road district in his county; also,
16        to prosecute all suits in his county against railroad  or
17        transportation  companies, which may be prosecuted in the
18        name of the People of the State of Illinois.
19             (3)  To  commence  and  prosecute  all  actions  and
20        proceedings brought by any county officer in his official
21        capacity.
22             (4)  To defend all actions and  proceedings  brought
23        against  his  county,  or  against  any  county  or State
24        officer, in his official capacity, within his county.
25             (5)  To  attend  the  examination  of  all   persons
26        brought  before  any  judge  on  habeas  corpus, when the
27        prosecution is in his county.
28             (6)  To attend before judges and  prosecute  charges
29        of  felony  or  misdemeanor,  for  which  the offender is
30        required to be recognized to appear  before  the  circuit
31        court, when in his power so to do.
32             (7)  To  give his opinion, without fee or reward, to
 
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 1        any county officer in his county, upon  any  question  or
 2        law  relating  to  any criminal or other matter, in which
 3        the people or the county may be concerned.
 4             (8)  To assist the attorney general whenever it  may
 5        be  necessary,  and in cases of appeal from his county to
 6        the Supreme Court,  to  which  it  is  the  duty  of  the
 7        attorney general to attend, he shall furnish the attorney
 8        general  at least 10 days before such is due to be filed,
 9        a manuscript of a proposed statement, brief and  argument
10        to be printed and filed on behalf of the people, prepared
11        in  accordance  with  the  rules  of  the  Supreme Court.
12        However, if such brief, argument or other document is due
13        to be filed by law or order of court within this  10  day
14        period,  then  the State's attorney shall furnish such as
15        soon as may be reasonable.
16             (9)  To pay all moneys received  by  him  in  trust,
17        without  delay,  to the officer who by law is entitled to
18        the custody thereof.
19             (10)  To notify, by first  class  mail,  complaining
20        witnesses  of  the  ultimate  disposition  of  the  cases
21        arising from an indictment or an information.
22             (11)  To  perform  such  other and further duties as
23        may, from time to time, be enjoined on him by law.
24             (12)  To appear in all proceedings by collectors  of
25        taxes  against delinquent taxpayers for judgments to sell
26        real estate, and see that all the  necessary  preliminary
27        steps  have been legally taken to make the judgment legal
28        and binding.
29        (b)  The State's  Attorney  of  each  county  shall  have
30    authority  to  appoint  one  or more special investigators to
31    serve  subpoenas,  make  return  of   process   and   conduct
32    investigations  which  assist  the  State's  Attorney  in the
33    performance of his duties.  A special investigator shall  not
34    carry firearms except with permission of the State's Attorney
 
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 1    and only while carrying appropriate identification indicating
 2    his employment and in the performance of his assigned duties.
 3        Subject   to   the   qualifications  set  forth  in  this
 4    subsection, special investigators shall be peace officers and
 5    shall have all the powers possessed  by  investigators  under
 6    the State's Attorneys Appellate Prosecutor's Act.
 7        No  special investigator employed by the State's Attorney
 8    shall have peace officer status  or  exercise  police  powers
 9    unless  he  or  she  successfully  completes the basic police
10    training course mandated and approved  by  the  Illinois  Law
11    Enforcement Training Standards Board or such board waives the
12    training  requirement by reason of the special investigator's
13    prior law enforcement experience or  training  or  both.  Any
14    State's  Attorney  appointing  a  special  investigator shall
15    consult with all  affected  local  police  agencies,  to  the
16    extent  consistent  with  the public interest, if the special
17    investigator  is  assigned  to  areas  within  that  agency's
18    jurisdiction.
19        Before a person is appointed as a  special  investigator,
20    his  fingerprints  shall  be  taken  and  transmitted  to the
21    Department of State Police.  The Department shall examine its
22    records and submit to the State's Attorney of the  county  in
23    which  the  investigator  seeks  appointment  any  conviction
24    information   concerning   the   person   on  file  with  the
25    Department.  No  person  shall  be  appointed  as  a  special
26    investigator if he has been convicted of a  felony  or  other
27    offense  involving  moral  turpitude.  A special investigator
28    shall be paid a salary and be reimbursed for actual  expenses
29    incurred in performing his assigned duties.  The county board
30    shall  approve the salary and actual expenses and appropriate
31    the salary and expenses in the manner prescribed  by  law  or
32    ordinance.
33        (c)  The  State's  Attorney  may request and receive from
34    employers, labor unions,  telephone  companies,  and  utility
 
                            -9-      LRB093 04416 RLC 04466 b
 1    companies  location  information  concerning putative fathers
 2    and noncustodial parents for the purpose  of  establishing  a
 3    child's  paternity or establishing, enforcing, or modifying a
 4    child support  obligation.   In  this  subsection,  "location
 5    information"   means   information  about  (i)  the  physical
 6    whereabouts of a putative father or noncustodial parent, (ii)
 7    the putative father or  noncustodial  parent's  employer,  or
 8    (iii)  the salary, wages, and other compensation paid and the
 9    health insurance coverage provided to the putative father  or
10    noncustodial parent by the employer of the putative father or
11    noncustodial parent or by a labor union of which the putative
12    father or noncustodial parent is a member.
13        (d)  For  each State fiscal year, the State's Attorney of
14    Cook County shall appear  before  the  General  Assembly  and
15    request appropriations to be made from the Capital Litigation
16    Trust  Fund  to  the  State  Treasurer  for  the  purpose  of
17    providing  assistance  in the prosecution of capital cases in
18    Cook County.  The State's  Attorney  may  appear  before  the
19    General  Assembly  at  other  times during the State's fiscal
20    year to request supplemental appropriations  from  the  Trust
21    Fund to the State Treasurer.
22        (e)  The  State's  Attorney  shall  have the authority to
23    enter into a written agreement with the Department of Revenue
24    for pursuit of civil liability under  Section  17-1a  of  the
25    Criminal  Code of 1961 against persons who have issued to the
26    Department  checks  or  other  orders  in  violation  of  the
27    provisions of paragraph (d) of subsection (B) of Section 17-1
28    of the Criminal Code of 1961, with the Department  to  retain
29    the  amount  owing  upon  the dishonored check or order along
30    with the dishonored  check  fee  imposed  under  the  Uniform
31    Penalty  and Interest Act, with the balance of damages, fees,
32    and costs collected under Section 17-1a of the Criminal  Code
33    of  1961  to  be  retained  by  the  State's  Attorney.   The
34    agreement  shall not affect the allocation of fines and costs
 
                            -10-     LRB093 04416 RLC 04466 b
 1    imposed in any criminal prosecution.
 2    (Source: P.A. 91-589, eff. 1-1-00; 92-492, eff. 1-1-02.)

 3        (55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)
 4        Sec. 3-4011.  Expenses and legal  services  for  indigent
 5    defendants  in  felony  cases.  It  shall  be the duty of the
 6    county  board  in  counties  containing  fewer  than  500,000
 7    inhabitants to appropriate a sufficient sum for  the  purpose
 8    of paying for the legal services necessarily rendered for the
 9    defense  of  indigent persons in felony cases, and for costs,
10    expenses and legal services necessary in the  prosecution  of
11    an  appeal  when  the  sentence is death and the sentence was
12    imposed before the effective date of this amendatory  Act  of
13    the  93rd  General  Assembly,  which  is  to be paid upon the
14    orders  of  a  court  of  competent  jurisdiction.  It  shall
15    likewise  be  the  duty  of  the  county  board  in  counties
16    containing fewer than 500,000 inhabitants  to  appropriate  a
17    sufficient  sum  for  the  payment  of out of pocket expenses
18    necessarily incurred by appointed counsel in the  prosecution
19    of  an appeal on behalf of an indigent incarcerated defendant
20    in felony cases. In such cases payment shall be made upon the
21    order of the reviewing court.
22    (Source: P.A. 86-962.)

23        (55 ILCS 5/3-4006.1 rep.)
24        Section  20.  The Counties Code is amended  by  repealing
25    Section 3-4006.1.

26        Section  25.   The  School  Code  is  amended by changing
27    Section 21-23b as follows:

28        (105 ILCS 5/21-23b) (from Ch. 122, par. 21-23b)
29        Sec. 21-23b.  Conviction of felony.
30        (a)  Whenever the holder of any certificate issued  under
 
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 1    this  Article  is  employed by the school board of any school
 2    district, including a  special  charter  district  or  school
 3    district organized under Article 34, and is convicted, either
 4    after a bench trial, trial by jury, or plea of guilty, of any
 5    offense   for  which  a  sentence  to  death  or  a  term  of
 6    imprisonment in a  penitentiary  for  one  year  or  more  is
 7    provided,  the  school  board shall promptly notify the State
 8    Board of Education in writing of the name of the  certificate
 9    holder, the fact of the conviction, and the name and location
10    of the court in which the conviction occurred.
11        (b)  Whenever  the  State  Board  of  Education  receives
12    notice  of  a  conviction  under  subsection (a) or otherwise
13    learns that any person who is a "teacher"  as  that  term  is
14    defined  in  Section  16-106 of the Illinois Pension Code has
15    been convicted, either after a bench trial, trial by jury, or
16    plea of guilty, of any offense for which a sentence to  death
17    or  a  term of imprisonment in a penitentiary for one year or
18    more is provided, the State Board of Education shall promptly
19    notify in writing the board  of  trustees  of  the  Teachers'
20    Retirement  System  of the State of Illinois and the board of
21    trustees  of  the  Public  School   Teachers'   Pension   and
22    Retirement  Fund  of  the  City of Chicago of the name of the
23    certificate holder or teacher, the fact  of  the  conviction,
24    the  name  and  location of the court in which the conviction
25    occurred, and the number assigned in that court to  the  case
26    in which the conviction occurred.
27    (Source: P.A. 87-1001.)

28        Section  30.   The Illinois Public Aid Code is amended by
29    changing Section 1-8 as follows:

30        (305 ILCS 5/1-8)
31        Sec. 1-8.  Fugitives ineligible.
32        (a)  The following persons are not eligible for aid under
 
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 1    this Code, or federal  food  stamps  or  federal  food  stamp
 2    benefits:
 3             (1)  A  person who has fled from the jurisdiction of
 4        any court of record of this or any other state or of  the
 5        United  States  to  avoid  prosecution for a felony or to
 6        avoid  giving  testimony  in  any   criminal   proceeding
 7        involving the alleged commission of a felony.
 8             (2)  A  person who has fled to avoid imprisonment in
 9        a correctional facility of this or any other state or the
10        United States for having committed a felony.
11             (3)  A person who has escaped  from  a  correctional
12        facility  of this or any other state or the United States
13        if the person was incarcerated  for  having  committed  a
14        felony.
15             (4)  A  person  who  is  violating  a  condition  of
16        probation or parole imposed under federal or State law.
17        In  this  Section,  "felony" means a violation of a penal
18    statute of this State for which  a  sentence  to  a  term  of
19    imprisonment  in  a  penitentiary  for  one  year  or more is
20    provided or a violation of a penal statute of  or  any  other
21    state  or  the United States for which a sentence to death or
22    to a term of imprisonment in a penitentiary for one  year  or
23    more is provided.
24        To  implement  this  Section, the Illinois Department may
25    exchange  necessary  information  with  an  appropriate   law
26    enforcement  agency  of  this or any other state, a political
27    subdivision of this or any other state, or the United States.
28        (b)  (Blank).
29    (Source: P.A. 92-111, eff. 1-1-02.)

30        Section 35.  The Criminal Code  of  1961  is  amended  by
31    changing  Sections  2-7, 7-10, 9-1, 9-1.2, 30-1, and 33B-1 as
32    follows:
 
                            -13-     LRB093 04416 RLC 04466 b
 1        (720 ILCS 5/2-7) (from Ch. 38, par. 2-7)
 2        Sec. 2-7. "Felony".
 3        "Felony" means an offense for which a sentence  to  death
 4    or  to  a term of imprisonment in a penitentiary for one year
 5    or more is provided.
 6    (Source: P.A. 77-2638.)

 7        (720 ILCS 5/7-10) (from Ch. 38, par. 7-10)
 8        Sec. 7-10. Execution of death sentence.
 9        A public officer who, in the  exercise  of  his  official
10    duty,  puts  a  person  to  death pursuant to a sentence of a
11    court of competent jurisdiction  made  before  the  effective
12    date  of this amendatory Act of the 93rd General Assembly, is
13    justified  if  he  acts  in  accordance  with  the   sentence
14    pronounced   and   the  law  prescribing  the  procedure  for
15    execution of a death sentence.
16    (Source: Laws 1961, p. 1983.)

17        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
18        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
19    Exceptions - Separate Hearings - Proof - Findings - Appellate
20    procedures - Reversals.
21        (a)  A person who  kills  an  individual  without  lawful
22    justification  commits  first degree murder if, in performing
23    the acts which cause the death:
24             (1)  he either intends to kill or  do  great  bodily
25        harm  to  that  individual or another, or knows that such
26        acts will cause death to that individual or another; or
27             (2)  he  knows  that  such  acts  create  a   strong
28        probability  of  death  or  great  bodily  harm  to  that
29        individual or another; or
30             (3)  he  is  attempting  or  committing  a  forcible
31        felony other than second degree murder.
32        (b)  Aggravating Factors.  A defendant who at the time of
 
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 1    the  commission  of the offense has attained the age of 18 or
 2    more and who has been found guilty of first degree murder may
 3    be sentenced to a term of natural life imprisonment death if:
 4             (1)  the murdered individual was a peace officer  or
 5        fireman  killed  in the course of performing his official
 6        duties,  to  prevent  the  performance  of  his  official
 7        duties, or in retaliation  for  performing  his  official
 8        duties,  and the defendant knew or should have known that
 9        the murdered individual was a peace officer  or  fireman;
10        or
11             (2)  the  murdered  individual was an employee of an
12        institution or facility of the Department of Corrections,
13        or any similar local correctional agency, killed  in  the
14        course  of performing his official duties, to prevent the
15        performance of his official duties, or in retaliation for
16        performing  his  official   duties,   or   the   murdered
17        individual  was an inmate at such institution or facility
18        and was killed on the grounds thereof,  or  the  murdered
19        individual  was  otherwise present in such institution or
20        facility with the knowledge and  approval  of  the  chief
21        administrative officer thereof; or
22             (3)  the  defendant  has been convicted of murdering
23        two or more individuals  under  subsection  (a)  of  this
24        Section  or  under any law of the United States or of any
25        state which is substantially similar to subsection (a) of
26        this Section regardless  of whether the  deaths  occurred
27        as  the  result  of the same act or of several related or
28        unrelated acts so long as the deaths were the  result  of
29        either  an  intent  to  kill  more  than one person or of
30        separate acts which the defendant knew would cause  death
31        or  create  a strong probability of death or great bodily
32        harm to the murdered individual or another; or
33             (4)  the murdered individual was killed as a  result
34        of  the  hijacking  of  an  airplane, train, ship, bus or
 
                            -15-     LRB093 04416 RLC 04466 b
 1        other public conveyance; or
 2             (5)  the defendant committed the murder pursuant  to
 3        a contract, agreement or understanding by which he was to
 4        receive   money  or  anything  of  value  in  return  for
 5        committing the murder or procured another to  commit  the
 6        murder for money or anything of value; or
 7             (6)  the  murdered  individual  was  killed  in  the
 8        course of another felony if:
 9                  (a)  the murdered individual:
10                       (i)  was actually killed by the defendant,
11                  or
12                       (ii)  received      physical      injuries
13                  personally    inflicted    by   the   defendant
14                  substantially contemporaneously  with  physical
15                  injuries  caused  by  one  or  more persons for
16                  whose  conduct   the   defendant   is   legally
17                  accountable under Section 5-2 of this Code, and
18                  the  physical  injuries inflicted by either the
19                  defendant or the other person  or  persons  for
20                  whose  conduct he is legally accountable caused
21                  the death of the murdered individual; and
22                  (b)  in performing the acts  which  caused  the
23             death  of  the murdered individual or which resulted
24             in physical injuries  personally  inflicted  by  the
25             defendant  on  the  murdered  individual  under  the
26             circumstances  of  subdivision  (ii) of subparagraph
27             (a) of paragraph  (6)  of  subsection  (b)  of  this
28             Section, the defendant acted with the intent to kill
29             the  murdered  individual or with the knowledge that
30             his acts created a strong probability  of  death  or
31             great  bodily  harm  to  the  murdered individual or
32             another; and
33                  (c)  the other felony was one of the following:
34             armed robbery, armed  violence,  robbery,  predatory
 
                            -16-     LRB093 04416 RLC 04466 b
 1             criminal  sexual  assault  of  a  child,  aggravated
 2             criminal   sexual  assault,  aggravated  kidnapping,
 3             aggravated vehicular hijacking, forcible  detention,
 4             arson,   aggravated   arson,   aggravated  stalking,
 5             burglary,  residential  burglary,   home   invasion,
 6             calculated  criminal  drug  conspiracy as defined in
 7             Section 405 of the  Illinois  Controlled  Substances
 8             Act,  streetgang criminal drug conspiracy as defined
 9             in  Section  405.2  of   the   Illinois   Controlled
10             Substances  Act, or the attempt to commit any of the
11             felonies listed in this subsection (c); or
12             (7)  the murdered individual was under 12  years  of
13        age  and  the death resulted from exceptionally brutal or
14        heinous behavior indicative of wanton cruelty; or
15             (8)  the defendant committed the murder with  intent
16        to prevent the murdered individual from testifying in any
17        criminal prosecution or giving material assistance to the
18        State in any investigation or prosecution, either against
19        the  defendant or another; or the defendant committed the
20        murder because the murdered individual was a  witness  in
21        any  prosecution or gave material assistance to the State
22        in any investigation or prosecution, either  against  the
23        defendant or another; or
24             (9)  the  defendant,  while  committing  an  offense
25        punishable  under Sections 401, 401.1, 401.2, 405, 405.2,
26        407 or 407.1 or subsection (b)  of  Section  404  of  the
27        Illinois Controlled Substances Act, or while engaged in a
28        conspiracy   or  solicitation  to  commit  such  offense,
29        intentionally  killed   an   individual   or   counseled,
30        commanded,  induced,  procured  or caused the intentional
31        killing of the murdered individual; or
32             (10)  the   defendant   was   incarcerated   in   an
33        institution or facility of the Department of  Corrections
34        at  the  time  of  the  murder,  and  while committing an
 
                            -17-     LRB093 04416 RLC 04466 b
 1        offense punishable as a felony  under  Illinois  law,  or
 2        while  engaged  in a conspiracy or solicitation to commit
 3        such  offense,  intentionally  killed  an  individual  or
 4        counseled, commanded, induced,  procured  or  caused  the
 5        intentional killing of the murdered individual; or
 6             (11)  the murder was committed in a cold, calculated
 7        and  premeditated manner pursuant to a preconceived plan,
 8        scheme or design to take a human life by unlawful  means,
 9        and  the  conduct  of  the defendant created a reasonable
10        expectation that the death of a human being would  result
11        therefrom; or
12             (12)  the   murdered  individual  was  an  emergency
13        medical  technician  -   ambulance,   emergency   medical
14        technician - intermediate, emergency medical technician -
15        paramedic,  ambulance driver, or other medical assistance
16        or first aid personnel, employed  by  a  municipality  or
17        other   governmental   unit,  killed  in  the  course  of
18        performing  his   official   duties,   to   prevent   the
19        performance of his official duties, or in retaliation for
20        performing his official duties, and the defendant knew or
21        should  have  known  that  the murdered individual was an
22        emergency  medical  technician  -  ambulance,   emergency
23        medical  technician  -  intermediate,  emergency  medical
24        technician   -  paramedic,  ambulance  driver,  or  other
25        medical assistance or first aid personnel; or
26             (13)  the defendant was a  principal  administrator,
27        organizer,  or  leader  of  a  calculated  criminal  drug
28        conspiracy  consisting  of  a  hierarchical  position  of
29        authority  superior  to  that of all other members of the
30        conspiracy,  and  the  defendant  counseled,   commanded,
31        induced,  procured,  or caused the intentional killing of
32        the murdered person; or
33             (14)  the murder was intentional  and  involved  the
34        infliction  of  torture.  For the purpose of this Section
 
                            -18-     LRB093 04416 RLC 04466 b
 1        torture means the infliction of or subjection to  extreme
 2        physical  pain,  motivated  by  an  intent to increase or
 3        prolong the pain, suffering or agony of the victim; or
 4             (15)  the murder was committed as a  result  of  the
 5        intentional  discharge of a firearm by the defendant from
 6        a motor vehicle and the victim was not present within the
 7        motor vehicle; or
 8             (16)  the murdered individual was 60 years of age or
 9        older and the death resulted from exceptionally brutal or
10        heinous behavior indicative of wanton cruelty; or
11             (17)  the murdered individual was a disabled  person
12        and  the  defendant  knew  or  should have known that the
13        murdered individual was disabled.  For purposes  of  this
14        paragraph  (17),  "disabled  person"  means  a person who
15        suffers from a permanent physical  or  mental  impairment
16        resulting from disease, an injury, a functional disorder,
17        or   a  congenital  condition  that  renders  the  person
18        incapable of adequately providing  for  his  or  her  own
19        health or personal care; or
20             (18)  the  murder  was  committed  by  reason of any
21        person's activity as a community policing volunteer or to
22        prevent  any  person  from  engaging  in  activity  as  a
23        community policing volunteer; or
24             (19)  the murdered  individual  was  subject  to  an
25        order  of  protection  and  the murder was committed by a
26        person against whom the  same  order  of  protection  was
27        issued  under the Illinois Domestic Violence Act of 1986;
28        or
29             (20)  the  murdered  individual  was  known  by  the
30        defendant to be a teacher or other person employed in any
31        school and the teacher or  other  employee  is  upon  the
32        grounds  of  a school or grounds adjacent to a school, or
33        is in any part of a building used for school purposes; or
34             (21)  the murder was committed by the  defendant  in
 
                            -19-     LRB093 04416 RLC 04466 b
 1        connection  with  or  as  a  result  of  the  offense  of
 2        terrorism as defined in Section 29D-30 of this Code.
 3          (c)  (Blank).  Consideration  of factors in Aggravation
 4    and Mitigation.
 5        The court shall consider, or shall instruct the  jury  to
 6    consider any aggravating and any mitigating factors which are
 7    relevant to the imposition of the death penalty.  Aggravating
 8    factors  may include but need not be limited to those factors
 9    set forth in subsection (b). Mitigating factors  may  include
10    but need not be limited to the following:
11             (1)  the  defendant  has  no  significant history of
12        prior criminal activity;
13             (2)  the murder was committed  while  the  defendant
14        was  under  the  influence of extreme mental or emotional
15        disturbance, although not such as to constitute a defense
16        to prosecution;
17             (3)  the murdered individual was  a  participant  in
18        the  defendant's  homicidal  conduct  or consented to the
19        homicidal act;
20             (4)  the defendant acted  under  the  compulsion  of
21        threat  or  menace of the imminent infliction of death or
22        great bodily harm;
23             (5)  the defendant was not personally present during
24        commission of the act or acts causing death.
25        (d)  (Blank). Separate sentencing hearing.
26        Where requested by the State, the court shall  conduct  a
27    separate  sentencing proceeding to determine the existence of
28    factors set forth in  subsection  (b)  and  to  consider  any
29    aggravating  or mitigating factors as indicated in subsection
30    (c).  The proceeding shall be conducted:
31             (1)  before the jury that determined the defendant's
32        guilt; or
33             (2)  before a jury impanelled for the purpose of the
34        proceeding if:
 
                            -20-     LRB093 04416 RLC 04466 b
 1                  A.  the defendant was convicted upon a plea  of
 2             guilty; or
 3                  B.  the  defendant  was convicted after a trial
 4             before the court sitting without a jury; or
 5                  C.  the court for good cause  shown  discharges
 6             the jury that determined the defendant's guilt; or
 7             (3)  before  the court alone if the defendant waives
 8        a jury for the separate proceeding.
 9        (e)  (Blank). Evidence and Argument.
10        During the proceeding any information relevant to any  of
11    the  factors  set forth in subsection (b) may be presented by
12    either the State or the defendant under the  rules  governing
13    the   admission   of   evidence   at  criminal  trials.   Any
14    information relevant to any additional aggravating factors or
15    any mitigating factors indicated in  subsection  (c)  may  be
16    presented  by  the  State  or  defendant  regardless  of  its
17    admissibility  under  the  rules  governing  the admission of
18    evidence at criminal trials.  The  State  and  the  defendant
19    shall  be  given  fair  opportunity  to rebut any information
20    received at the hearing.
21        (f)  Blank). Proof.
22        The burden of proof of establishing the existence of  any
23    of  the  factors  set forth in subsection (b) is on the State
24    and shall  not  be  satisfied  unless  established  beyond  a
25    reasonable doubt.
26        (g)  (Blank). Procedure - Jury.
27        If  at  the separate sentencing proceeding the jury finds
28    that none of the factors set forth in subsection (b)  exists,
29    the   court  shall  sentence  the  defendant  to  a  term  of
30    imprisonment  under  Chapter  V  of  the  Unified   Code   of
31    Corrections.   If  there  is  a unanimous finding by the jury
32    that one or more of the factors set forth in  subsection  (b)
33    exist,  the  jury  shall  consider aggravating and mitigating
34    factors as  instructed  by  the  court  and  shall  determine
 
                            -21-     LRB093 04416 RLC 04466 b
 1    whether  the sentence of death shall be imposed.  If the jury
 2    determines unanimously that there are no  mitigating  factors
 3    sufficient  to preclude the imposition of the death sentence,
 4    the court shall sentence the defendant to death.
 5        Unless the jury  unanimously  finds  that  there  are  no
 6    mitigating  factors  sufficient to preclude the imposition of
 7    the death sentence the court shall sentence the defendant  to
 8    a term of imprisonment under Chapter V of the Unified Code of
 9    Corrections.
10        (h)  (Blank). Procedure - No Jury.
11        In  a  proceeding  before  the  court alone, if the court
12    finds that none  of  the  factors  found  in  subsection  (b)
13    exists,  the  court shall sentence the defendant to a term of
14    imprisonment  under  Chapter  V  of   the  Unified  Code   of
15    Corrections.
16        If  the  Court determines that one or more of the factors
17    set forth in subsection (b) exists, the Court shall  consider
18    any  aggravating  and  mitigating  factors  as  indicated  in
19    subsection  (c).   If  the Court determines that there are no
20    mitigating factors sufficient to preclude the  imposition  of
21    the death sentence, the Court shall sentence the defendant to
22    death.
23        Unless  the  court  finds  that  there  are no mitigating
24    factors sufficient to preclude the imposition of the sentence
25    of death, the court shall sentence the defendant to a term of
26    imprisonment  under  Chapter  V  of  the  Unified   Code   of
27    Corrections.
28        (i)  (Blank). Appellate Procedure.
29        The  conviction and sentence of death shall be subject to
30    automatic review by the Supreme Court.  Such review shall  be
31    in accordance with rules promulgated by the Supreme Court.
32        (j)  (Blank). Disposition of reversed death sentence.
33        In  the  event that the death penalty in this Act is held
34    to be unconstitutional by the Supreme  Court  of  the  United
 
                            -22-     LRB093 04416 RLC 04466 b
 1    States  or  of the State of Illinois, any person convicted of
 2    first degree murder shall be sentenced by the court to a term
 3    of imprisonment under  Chapter  V  of  the  Unified  Code  of
 4    Corrections.
 5        In  the  event  that  any  death sentence pursuant to the
 6    sentencing   provisions   of   this   Section   is   declared
 7    unconstitutional by the Supreme Court of the United States or
 8    of the State of Illinois, the court having jurisdiction  over
 9    a  person  previously  sentenced  to  death  shall  cause the
10    defendant to be brought before the court, and the court shall
11    sentence the  defendant  to  a  term  of  imprisonment  under
12    Chapter V of the Unified Code of Corrections.
13    (Source: P.A. 91-357,  eff.  7-29-99;  91-434,  eff.  1-1-00;
14    92-854, eff. 12-5-02.)

15        (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
16        Sec. 9-1.2.  Intentional Homicide of an Unborn Child.
17        (a)  A person commits the offense of intentional homicide
18    of  an  unborn  child  if, in performing acts which cause the
19    death of an unborn child, he without lawful justification:
20             (1)  either intended to cause the  death  of  or  do
21        great  bodily  harm  to  the pregnant woman or her unborn
22        child or knew that such acts would cause death  or  great
23        bodily harm to the pregnant woman or her unborn child; or
24             (2)  he   knew   that  his  acts  created  a  strong
25        probability of death or great bodily harm to the pregnant
26        woman or her unborn child; and
27             (3)  he knew that the woman was pregnant.
28        (b)  For purposes of this  Section,  (1)  "unborn  child"
29    shall   mean   any  individual  of  the  human  species  from
30    fertilization until birth, and (2) "person" shall not include
31    the pregnant woman whose unborn child is killed.
32        (c)  This Section shall not apply to acts which cause the
33    death of an unborn child if those acts were committed  during
 
                            -23-     LRB093 04416 RLC 04466 b
 1    any  abortion,  as  defined  in  Section  2  of  the Illinois
 2    Abortion Law of 1975, as amended, to which the pregnant woman
 3    has consented.  This Section shall not apply  to  acts  which
 4    were  committed  pursuant to usual and customary standards of
 5    medical practice during  diagnostic  testing  or  therapeutic
 6    treatment.
 7        (d)  Penalty.   The  sentence for intentional homicide of
 8    an unborn child shall be the same as for first degree murder,
 9    except that:
10             (1)  (Blank); the death penalty may not be imposed;
11             (2)  if the person committed the offense while armed
12        with a firearm, 15 years shall be added to  the  term  of
13        imprisonment imposed by the court;
14             (3)  if,  during  the commission of the offense, the
15        person personally discharged a firearm, 20 years shall be
16        added to the term of imprisonment imposed by the court;
17             (4)  if, during the commission of the  offense,  the
18        person  personally  discharged a firearm that proximately
19        caused great bodily harm, permanent disability, permanent
20        disfigurement, or death to another person, 25 years or up
21        to a term of natural life shall be added to the  term  of
22        imprisonment imposed by the court.
23        (e)  The provisions of this Act shall not be construed to
24    prohibit  the  prosecution  of  any  person  under  any other
25    provision of law.
26    (Source: P.A. 91-404, eff. 1-1-00.)

27        (720 ILCS 5/30-1) (from Ch. 38, par. 30-1)
28        Sec. 30-1. Treason. (a) A person owing allegiance to this
29    State commits treason when he or she knowingly:
30             (1)  Levies war against this State; or
31             (2)  Adheres to the enemies of  this  State,  giving
32    them aid or comfort.
33        (b)  No  person may be convicted of treason except on the
 
                            -24-     LRB093 04416 RLC 04466 b
 1    testimony of 2 witnesses to the same overt  act,  or  on  his
 2    confession in open court.
 3        (c)  Sentence.  Treason  is a Class X felony for which an
 4    offender may be sentenced to death under Section 5-5-3 of the
 5    Unified Code of Corrections.
 6    (Source: P.A. 80-1099.)

 7        (720 ILCS 5/33B-1) (from Ch. 38, par. 33B-1)
 8        Sec.  33B-1.   (a)   Every  person  who  has  been  twice
 9    convicted in any state or federal court of  an  offense  that
10    contains  the  same  elements as an offense now classified in
11    Illinois as  a  Class  X  felony,  criminal  sexual  assault,
12    aggravated  kidnapping    or  first  degree  murder,  and  is
13    thereafter  convicted  of  a  Class X felony, criminal sexual
14    assault or first degree murder, committed after the  2  prior
15    convictions, shall be adjudged an habitual criminal.
16        (b)  The  2  prior convictions need not have been for the
17    same offense.
18        (c)  Any convictions which result from or  are  connected
19    with  the same transaction, or result from offenses committed
20    at the same time, shall be counted for the purposes  of  this
21    Section as one conviction.
22        (d)  This  Article  shall  not  apply  unless each of the
23    following requirements are satisfied:
24             (1)  the  third  offense  was  committed  after  the
25        effective date of this Act;
26             (2)  the third offense was committed within 20 years
27        of the date  that  judgment  was  entered  on  the  first
28        conviction, provided, however, that time spent in custody
29        shall not be counted;
30             (3)  the   third   offense   was   committed   after
31        conviction on the second offense;
32             (4)  the   second   offense   was   committed  after
33        conviction on the first offense.
 
                            -25-     LRB093 04416 RLC 04466 b
 1        (e)  Except when the death  penalty  is  imposed,  Anyone
 2    adjudged  an  habitual  criminal  shall  be sentenced to life
 3    imprisonment.
 4    (Source: P.A. 88-677, eff. 12-15-94.)

 5        Section 40.  The  Cannabis  Control  Act  is  amended  by
 6    changing Section 9 as follows:

 7        (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
 8        Sec.  9.   (a)  Any  person  who  engages in a calculated
 9    criminal cannabis conspiracy, as defined in  subsection  (b),
10    is  guilty  of  a  Class  3  felony,  and fined not more than
11    $200,000 and shall be subject to the  forfeitures  prescribed
12    in subsection (c); except that, if any person engages in such
13    offense  after  one  or  more  prior  convictions  under this
14    Section, Section 4 (d), Section 5 (d), Section 8 (d)  or  any
15    law  of  the  United  States  or  of  any  State  relating to
16    cannabis, or controlled substances as defined in the Illinois
17    Controlled Substances  Act,  in  addition  to  the  fine  and
18    forfeiture  authorized above, he shall be guilty of a Class 1
19    felony for which an offender may not be sentenced to death.
20        (b)  For purposes of this section, a person engages in  a
21    calculated criminal cannabis conspiracy when:
22        (1)  he  violates  Section  4 (d), 4 (e), 5 (d), 5 (e), 8
23    (c) or 8 (d) of this Act; and
24        (2)  such violation is a part of a conspiracy  undertaken
25    or carried on with 2 or more other persons; and
26        (3)  he obtains anything of value greater than $500 from,
27    or   organizes,   directs   or  finances  such  violation  or
28    conspiracy.
29        (c)  Any person who is convicted under  this  Section  of
30    engaging  in  a calculated criminal cannabis conspiracy shall
31    forfeit to the State of Illinois:
32        (1)  the receipts obtained by him in such conspiracy; and
 
                            -26-     LRB093 04416 RLC 04466 b
 1        (2)  any of his interests in,  claims  against,  receipts
 2    from, or property or rights of any kind affording a source of
 3    influence over, such conspiracy.
 4        (d)  The   circuit  court  may  enter  such  injunctions,
 5    restraining orders, directions, or prohibitions, or take such
 6    other  actions,  including  the  acceptance  of  satisfactory
 7    performance bonds, in connection with  any  property,  claim,
 8    receipt,  right or other interest subject to forfeiture under
 9    this Section, as it deems proper.
10    (Source: P.A. 84-1233.)

11        Section  45.  The Code of Criminal Procedure of  1963  is
12    amended  by  changing  Sections  104-26, 113-3, 114-5, 115-4,
13    115-4.1, 119-5, 121-13, 122-1, 122-2.1 and 122-4 as follows:

14        (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
15        Sec.  104-26.   Disposition   of   Defendants   suffering
16    disabilities.
17        (a)  A  defendant  convicted  following a trial conducted
18    under the provisions of Section 104-22 shall not be sentenced
19    before a  written  presentence  report  of  investigation  is
20    presented  to  and  considered by the court.  The presentence
21    report shall be prepared pursuant to  Sections  5-3-2,  5-3-3
22    and  5-3-4  of  the  Unified  Code  of Corrections, as now or
23    hereafter amended, and shall include a  physical  and  mental
24    examination  unless the court finds that the reports of prior
25    physical and mental examinations conducted pursuant  to  this
26    Article  are  adequate  and  recent enough so that additional
27    examinations would be unnecessary.
28        (b)  (Blank). A defendant  convicted  following  a  trial
29    under  Section  104-22  shall  not  be  subject  to the death
30    penalty.
31        (c)  A  defendant  convicted  following  a  trial   under
32    Section 104-22 shall be sentenced according to the procedures
 
                            -27-     LRB093 04416 RLC 04466 b
 1    and   dispositions  authorized  under  the  Unified  Code  of
 2    Corrections, as now or  hereafter  amended,  subject  to  the
 3    following provisions:
 4             (1)  The  court  shall  not  impose  a  sentence  of
 5        imprisonment upon the offender if the court believes that
 6        because  of  his  disability  a  sentence of imprisonment
 7        would not serve the ends of justice and the interests  of
 8        society   and   the  offender  or  that  because  of  his
 9        disability a sentence of imprisonment would  subject  the
10        offender to excessive hardship.  In addition to any other
11        conditions  of  a  sentence  of  conditional discharge or
12        probation the court may require that the offender undergo
13        treatment  appropriate  to   his   mental   or   physical
14        condition.
15             (2)  After  imposing a sentence of imprisonment upon
16        an offender who has a mental disability,  the  court  may
17        remand  him  to  the  custody  of the Department of Human
18        Services and order a hearing to be conducted pursuant  to
19        the  provisions  of  the  Mental Health and Developmental
20        Disabilities Code, as now or hereafter amended.   If  the
21        offender is committed following such hearing, he shall be
22        treated in the same manner as any other civilly committed
23        patient  for  all  purposes  except  as  provided in this
24        Section.  If the defendant is not committed  pursuant  to
25        such  hearing,  he  shall  be  remanded to the sentencing
26        court for disposition according to the sentence imposed.
27             (3)  If the court imposes a sentence of imprisonment
28        upon an offender who has a mental disability but does not
29        proceed under subparagraph (2) of paragraph (c)  of  this
30        Section,  it shall order the Department of Corrections to
31        proceed pursuant to Section 3-8-5 of the Unified Code  of
32        Corrections, as now or hereafter amended.
33             (4)  If the court imposes a sentence of imprisonment
34        upon  an  offender  who has a physical disability, it may
 
                            -28-     LRB093 04416 RLC 04466 b
 1        authorize the Department  of  Corrections  to  place  the
 2        offender in a public or private facility which is able to
 3        provide  care  or treatment for the offender's disability
 4        and which agrees to do so.
 5             (5)  When an offender is placed with the  Department
 6        of   Human  Services  or  another  facility  pursuant  to
 7        subparagraph (2)  or  (4)  of  this  paragraph  (c),  the
 8        Department  or  private  facility  shall not discharge or
 9        allow the offender  to  be  at  large  in  the  community
10        without  prior approval of the court. If the defendant is
11        placed  in  the  custody  of  the  Department  of   Human
12        Services,  the  defendant  shall  be  placed  in a secure
13        setting  unless  the  court  determines  that  there  are
14        compelling reasons why such placement is  not  necessary.
15        The offender shall accrue good time and shall be eligible
16        for  parole  in the same manner as if he were serving his
17        sentence within the Department of Corrections.  When  the
18        offender  no  longer  requires  hospitalization, care, or
19        treatment,  the  Department  of  Human  Services  or  the
20        facility shall transfer him,  if  his  sentence  has  not
21        expired,   to  the  Department  of  Corrections.   If  an
22        offender is transferred to the Department of Corrections,
23        the Department of Human Services shall  transfer  to  the
24        Department  of Corrections all related records pertaining
25        to length of  custody  and  treatment  services  provided
26        during the time the offender was held.
27             (6)  The  Department of Corrections shall notify the
28        Department of Human Services or a facility  in  which  an
29        offender  has been placed pursuant to subparagraph (2) or
30        (4) of paragraph (c) of this Section of the expiration of
31        his sentence.  Thereafter, an offender in the  Department
32        of  Human  Services shall continue to be treated pursuant
33        to his commitment order and shall be considered a civilly
34        committed patient for all purposes  including  discharge.
 
                            -29-     LRB093 04416 RLC 04466 b
 1        An offender who is in a facility pursuant to subparagraph
 2        (4) of paragraph (c) of this Section shall be informed by
 3        the facility of the expiration of his sentence, and shall
 4        either  consent  to  the  continuation  of  his  care  or
 5        treatment by the facility or shall be discharged.
 6    (Source: P.A. 89-507, eff. 7-1-97.)

 7        (725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
 8        Sec.  113-3.   (a)  Every  person charged with an offense
 9    shall be allowed counsel before pleading to the  charge.   If
10    the  defendant  desires counsel and has been unable to obtain
11    same before arraignment  the  court  shall  recess  court  or
12    continue  the cause for a reasonable time to permit defendant
13    to obtain counsel and consult with him before pleading to the
14    charge. If the accused is a dissolved corporation, and is not
15    represented by counsel, the court may,  in  the  interest  of
16    justice,  appoint  as  counsel  a  licensed  attorney of this
17    State.
18        (b)  In all cases, except where the  penalty  is  a  fine
19    only,  if the court determines that the defendant is indigent
20    and desires counsel, the Public Defender shall  be  appointed
21    as  counsel.  If there is no Public Defender in the county or
22    if the defendant  requests  counsel  other  than  the  Public
23    Defender and the court finds that the rights of the defendant
24    will be prejudiced by the appointment of the Public Defender,
25    the court shall appoint as counsel a licensed attorney at law
26    of this State, except that in a county having a population of
27    2,000,000  1,000,000  or  more  the  Public Defender shall be
28    appointed as counsel  in  all  misdemeanor  cases  where  the
29    defendant  is  indigent  and  desires counsel unless the case
30    involves multiple defendants, in which  case  the  court  may
31    appoint  counsel  other  than  the  Public  Defender  for the
32    additional defendants. The court shall require  an  affidavit
33    signed by any defendant who requests court-appointed counsel.
 
                            -30-     LRB093 04416 RLC 04466 b
 1    Such  affidavit  shall  be  in  the  form  established by the
 2    Supreme Court containing sufficient information to  ascertain
 3    the  assets and liabilities of that defendant.  The Court may
 4    direct the Clerk of the Circuit Court to assist the defendant
 5    in the completion of the affidavit.  Any person who knowingly
 6    files such affidavit containing false information  concerning
 7    his  assets  and   liabilities  shall be liable to the county
 8    where the case, in which such false affidavit  is  filed,  is
 9    pending  for the reasonable value of the services rendered by
10    the public defender or other court-appointed counsel  in  the
11    case  to  the  extent  that  such  services  were unjustly or
12    falsely procured.
13        (c)  Upon  the  filing  with  the  court  of  a  verified
14    statement of services rendered  the  court  shall  order  the
15    county  treasurer of the county of trial to pay counsel other
16    than the Public Defender a reasonable fee.  The  court  shall
17    consider   all  relevant  circumstances,  including  but  not
18    limited to the time spent while court is  in  session,  other
19    time  spent  in  representing  the  defendant,  and  expenses
20    reasonably   incurred   by   counsel.   In  counties  with  a
21    population greater than 2,000,000, the court shall order  the
22    county  treasurer of the county of trial to pay counsel other
23    than the Public Defender a reasonable fee stated in the order
24    and based upon a rate of compensation of not  more  than  $40
25    for  each  hour  spent while court is in session and not more
26    than  $30  for  each  hour  otherwise  spent  representing  a
27    defendant, and such compensation shall not  exceed  $150  for
28    each  defendant represented in misdemeanor cases and $1250 in
29    felony cases, in addition to expenses reasonably incurred  as
30    hereinafter   in  this  Section  provided,  except  that,  in
31    extraordinary circumstances, payment in excess of the  limits
32    herein  stated  may be made if the trial court certifies that
33    such payment is necessary to provide  fair  compensation  for
34    protracted  representation.   A trial court may entertain the
 
                            -31-     LRB093 04416 RLC 04466 b
 1    filing of this verified statement before the  termination  of
 2    the  cause,  and  may  order  the provisional payment of sums
 3    during the pendency of the cause.
 4        (d)  (Blank).  In capital cases, in addition to  counsel,
 5    if  the  court  determines that the defendant is indigent the
 6    court may, upon the filing  with  the  court  of  a  verified
 7    statement of services rendered, order the county Treasurer of
 8    the  county  of  trial  to pay necessary expert witnesses for
 9    defendant reasonable compensation stated in the order not  to
10    exceed $250 for each defendant.
11        (e)  If  the  court  in  any  county  having a population
12    greater  than  2,000,000  1,000,000   determines   that   the
13    defendant is indigent the court may, upon the filing with the
14    court  of  a  verified  statement of such expenses, order the
15    county treasurer of the county of  trial,  in  such  counties
16    having  a  population greater than 2,000,000 1,000,000 to pay
17    the general expenses of the trial incurred by  the  defendant
18    not to exceed $50 for each defendant.
19        (f)  (Blank).  The provisions of this Section relating to
20    appointment  of counsel, compensation of counsel, and payment
21    of  expenses  in  capital  cases  apply   except   when   the
22    compensation  and  expenses  are  being  provided  under  the
23    Capital Crimes Litigation Act.
24    (Source: P.A. 91-589, eff. 1-1-00.)

25        (725 ILCS 5/114-5) (from Ch. 38, par. 114-5)
26        Sec. 114-5.  Substitution of judge.
27        (a)  Within  10  days  after  a  cause involving only one
28    defendant has been placed on the trial call of  a  judge  the
29    defendant may move the court in writing for a substitution of
30    that  judge  on  the  ground that such judge is so prejudiced
31    against him that he cannot receive a  fair  trial.  Upon  the
32    filing of such a motion the court shall proceed no further in
33    the cause but shall transfer it to another judge not named in
 
                            -32-     LRB093 04416 RLC 04466 b
 1    the  motion.   The  defendant  may  name  only  one  judge as
 2    prejudiced, pursuant to this subsection;  provided,  however,
 3    that  in  a  case  in  which the offense charged is a Class X
 4    felony or may be punished by death or life imprisonment,  the
 5    defendant may name two judges as prejudiced.
 6        (b)  Within   24   hours  after  a  motion  is  made  for
 7    substitution of judge in a  cause  with  multiple  defendants
 8    each  defendant  shall  have  the right to move in accordance
 9    with subsection (a) of this Section for a substitution of one
10    judge. The total number of judges named as prejudiced by  all
11    defendants  shall  not exceed the total number of defendants.
12    The first motion for substitution of judge in  a  cause  with
13    multiple  defendants  shall  be made within 10 days after the
14    cause has been placed on the trial call of a judge.
15        (c)  Within 10 days after a cause has been placed on  the
16    trial call of a judge the State may move the court in writing
17    for  a  substitution  of  that  judge on the ground that such
18    judge is prejudiced against the State.  Upon  the  filing  of
19    such a motion the court shall proceed no further in the cause
20    but  shall  transfer  it  to  another  judge not named in the
21    motion.  The State may name only  one  judge  as  prejudiced,
22    pursuant to this subsection.
23        (d)  In  addition  to  the provisions of subsections (a),
24    (b) and (c) of this Section the State or  any  defendant  may
25    move  at  any  time  for  substitution  of  judge  for cause,
26    supported by affidavit. Upon the  filing  of  such  motion  a
27    hearing  shall  be  conducted  as  soon as possible after its
28    filing by a judge not named in the motion; provided, however,
29    that the judge named in the motion need not testify, but  may
30    submit  an  affidavit  if the judge wishes.  If the motion is
31    allowed, the case shall be assigned to a judge not  named  in
32    the  motion.   If  the  motion  is  denied  the case shall be
33    assigned back to the judge named in the motion.
34    (Source: P.A. 84-1428.)
 
                            -33-     LRB093 04416 RLC 04466 b
 1        (725 ILCS 5/115-4) (from Ch. 38, par. 115-4)
 2        Sec. 115-4.  Trial by Court and Jury.)  (a) Questions  of
 3    law  shall  be  decided by the court and questions of fact by
 4    the jury.
 5        (b)  The jury shall consist of 12 members.
 6        (c)  Upon request the parties shall be furnished  with  a
 7    list of prospective jurors with their addresses if known.
 8        (d)  Each  party  may  challenge  jurors  for cause. If a
 9    prospective juror has a physical impairment, the court  shall
10    consider  such  prospective  juror's  ability to perceive and
11    appreciate the evidence  when  considering  a  challenge  for
12    cause.
13        (e)  A   defendant   tried  alone  shall  be  allowed  20
14    peremptory  challenges  in  a  capital  case,  10  peremptory
15    challenges  in  a  case  in  which  the  punishment  may   be
16    imprisonment  in  the penitentiary, and 5 in all other cases;
17    except that, in a single trial of more  than  one  defendant,
18    each defendant shall be allowed 12 peremptory challenges in a
19    capital  case, 6 peremptory challenges in a case in which the
20    punishment may be imprisonment in the penitentiary, and 3  in
21    all  other  cases.  If several charges against a defendant or
22    defendants are consolidated for trial, each  defendant  shall
23    be  allowed peremptory challenges upon one charge only, which
24    single charge shall be  the  charge  against  that  defendant
25    authorizing the greatest maximum penalty.  The State shall be
26    allowed  the  same  number of peremptory challenges as all of
27    the defendants.
28        (f)  After examination by the court  the  jurors  may  be
29    examined,  passed  upon,  accepted  and  tendered by opposing
30    counsel as provided by Supreme Court rules.
31        (g)  After the jury is impaneled and sworn the court  may
32    direct the selection of 2 alternate jurors who shall take the
33    same  oath  as the regular jurors.  Each party shall have one
34    additional peremptory challenge for each alternate juror.  If
 
                            -34-     LRB093 04416 RLC 04466 b
 1    before the final submission of a cause a member of  the  jury
 2    dies  or  is  discharged he shall be replaced by an alternate
 3    juror in the order of selection.
 4        (h)  A trial by the court and jury shall be conducted  in
 5    the  presence  of the defendant unless he waives the right to
 6    be present.
 7        (i)  After arguments of counsel the court shall  instruct
 8    the jury as to the law.
 9        (j)  Unless  the affirmative defense of insanity has been
10    presented during the trial, the jury shall return  a  general
11    verdict  as  to  each  offense charged.  When the affirmative
12    defense of insanity has been presented during the trial,  the
13    court  shall  provide  the jury not only with general verdict
14    forms but also with a special verdict form of not  guilty  by
15    reason  of  insanity, as to each offense charged, and in such
16    event the court shall separately instruct  the  jury  that  a
17    special  verdict  of  not guilty by reason of insanity may be
18    returned instead  of  a  general  verdict  but  such  special
19    verdict  requires  a  unanimous  finding by the jury that the
20    defendant committed the acts charged but at the time  of  the
21    commission  of  those  acts the defendant was insane.  In the
22    event of a verdict of not guilty by  reason  of  insanity,  a
23    hearing  shall  be  held  pursuant  to  the Mental Health and
24    Developmental Disabilities  Code  to  determine  whether  the
25    defendant  is  subject  to  involuntary  admission.  When the
26    affirmative defense of insanity has been presented during the
27    trial, the court, where warranted by the evidence, shall also
28    provide the jury with a special verdict form  of  guilty  but
29    mentally ill, as to each offense charged and shall separately
30    instruct  the  jury  that  a  special  verdict  of guilty but
31    mentally ill may be returned instead of  a  general  verdict,
32    but that such special verdict requires a unanimous finding by
33    the  jury  that: (1) the State has proven beyond a reasonable
34    doubt that the defendant is guilty of  the  offense  charged;
 
                            -35-     LRB093 04416 RLC 04466 b
 1    and  (2)  the  defendant  has failed to prove his insanity as
 2    required in subsection (b) of Section  3-2  of  the  Criminal
 3    Code of 1961, as amended, and subsections (a), (b) and (e) of
 4    Section 6-2 of the Criminal Code of 1961, as amended; and (3)
 5    the  defendant  has proven by a preponderance of the evidence
 6    that he was mentally ill, as defined in subsections  (c)  and
 7    (d)  of Section 6-2 of the Criminal Code of 1961, as amended,
 8    at the time of the offense.
 9        (k)  When, at the close of the State's evidence or at the
10    close of all of the evidence, the evidence is insufficient to
11    support a finding or verdict of guilty the court may  and  on
12    motion  of  the  defendant shall make a finding or direct the
13    jury to return a verdict of not guilty, enter a  judgment  of
14    acquittal and discharge the defendant.
15        (l)  When  the  jury  retires  to consider its verdict an
16    officer of the court shall be appointed to keep them together
17    and to prevent conversation between the  jurors  and  others;
18    however, if any juror is deaf, the jury may be accompanied by
19    and may communicate with a court-appointed interpreter during
20    its  deliberations.  Upon  agreement  between  the  State and
21    defendant or his counsel the jury may seal  and  deliver  its
22    verdict  to the clerk of the court, separate, and then return
23    such verdict in open court at its next session.
24        (m)  In the trial of an a capital or other  offense,  any
25    juror  who  is  a  member  of  a panel or jury which has been
26    impaneled and sworn  as  a  panel  or  as  a  jury  shall  be
27    permitted  to  separate  from  other such jurors during every
28    period of adjournment to a later day, until final  submission
29    of  the  cause  to the jury for determination, except that no
30    such separation shall be permitted in  any  trial  after  the
31    court,  upon motion by the defendant or the State or upon its
32    own  motion,  finds  a  probability  that  prejudice  to  the
33    defendant or to the State will result from such separation.
34        (n)  The members of the jury shall be  entitled  to  take
 
                            -36-     LRB093 04416 RLC 04466 b
 1    notes  during  the  trial,  and  the sheriff of the county in
 2    which the jury is sitting shall  provide  them  with  writing
 3    materials   for   this  purpose.   Such  notes  shall  remain
 4    confidential, and shall be destroyed by the sheriff after the
 5    verdict has been returned or a mistrial declared.
 6        (o)  A defendant tried by the court and jury  shall  only
 7    be  found  guilty, guilty but mentally ill, not guilty or not
 8    guilty by reason of insanity, upon the unanimous  verdict  of
 9    the jury.
10    (Source: P.A. 86-392.)

11        (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
12        Sec. 115-4.1.  Absence of defendant.
13        (a)  When  a  defendant after arrest and an initial court
14    appearance for a non-capital felony or a  misdemeanor,  fails
15    to  appear  for  trial, at the request of the State and after
16    the  State  has  affirmatively  proven  through   substantial
17    evidence  that the defendant is willfully avoiding trial, the
18    court may commence trial in the  absence  of  the  defendant.
19    Absence of a defendant as specified in this Section shall not
20    be  a bar to indictment of a defendant, return of information
21    against a defendant, or arraignment of a  defendant  for  the
22    charge for which bail has been granted.  If a defendant fails
23    to  appear at arraignment, the court may enter a plea of "not
24    guilty" on his behalf.  If a defendant absents himself before
25    trial on a capital felony, trial may proceed as specified  in
26    this  Section  provided that the State certifies that it will
27    not seek a death sentence following conviction. Trial in  the
28    defendant's absence shall be by jury unless the defendant had
29    previously  waived  trial by jury.  The absent defendant must
30    be represented by retained or appointed counsel.  The  court,
31    at  the  conclusion  of all of the proceedings, may order the
32    clerk of the circuit court to pay counsel  such  sum  as  the
33    court  deems  reasonable,  from  any  bond  monies which were
 
                            -37-     LRB093 04416 RLC 04466 b
 1    posted by the defendant with the clerk, after the  clerk  has
 2    first  deducted  all  court  costs.   If trial had previously
 3    commenced in the presence of the defendant and the  defendant
 4    willfully  absents himself for two successive court days, the
 5    court  shall  proceed  to  trial.   All   procedural   rights
 6    guaranteed by the United States Constitution, Constitution of
 7    the State of Illinois, statutes of the State of Illinois, and
 8    rules  of court shall apply to the proceedings the same as if
 9    the defendant were  present  in  court  and  had  not  either
10    forfeited  his bail bond or escaped  from custody.  The court
11    may set the case for a trial which  may  be  conducted  under
12    this  Section  despite the failure of the defendant to appear
13    at the hearing at which the trial date  is  set.   When  such
14    trial  date  is set the clerk shall send to the defendant, by
15    certified mail at his last known  address  indicated  on  his
16    bond  slip,  notice  of  the  new date which has been set for
17    trial.   Such  notification  shall  be  required   when   the
18    defendant  was  not  personally  present in open court at the
19    time when the case was set for trial.
20        (b)  The absence of a defendant from  a  trial  conducted
21    pursuant  to  this  Section  does  not  operate  as  a bar to
22    concluding the trial, to a judgment of  conviction  resulting
23    therefrom, or to a final disposition of the trial in favor of
24    the defendant.
25        (c)  Upon  a verdict of not guilty, the court shall enter
26    judgment for the defendant.  Upon a verdict  of  guilty,  the
27    court  shall set a date for the hearing of post-trial motions
28    and shall hear such motion in the absence of  the  defendant.
29    If  post-trial motions are denied, the court shall proceed to
30    conduct a sentencing hearing and to impose  a  sentence  upon
31    the defendant.
32        (d)  A   defendant   who   is  absent  for  part  of  the
33    proceedings of trial, post-trial motions, or sentencing, does
34    not thereby forfeit his right to be present at all  remaining
 
                            -38-     LRB093 04416 RLC 04466 b
 1    proceedings.
 2        (e)  When  a defendant who in his absence has been either
 3    convicted  or  sentenced  or  both  convicted  and  sentenced
 4    appears before the court, he must be granted a new  trial  or
 5    new  sentencing  hearing  if the defendant can establish that
 6    his failure to appear in court was both without his fault and
 7    due to circumstances beyond  his  control.   A  hearing  with
 8    notice to the State's Attorney on the defendant's request for
 9    a  new  trial or a new sentencing hearing must be held before
10    any such request may be granted.  At any  such  hearing  both
11    the defendant and the State may present evidence.
12        (f)  If the court grants only the defendant's request for
13    a  new  sentencing  hearing,  then  a new sentencing  hearing
14    shall be held  in  accordance  with  the  provisions  of  the
15    Unified  Code  of Corrections.  At any such hearing, both the
16    defendant and the State may offer evidence of the defendant's
17    conduct during his period of absence  from  the  court.   The
18    court  may impose any sentence authorized by the Unified Code
19    of Corrections and is not in any way limited or restricted by
20    any sentence previously imposed.
21        (g)  A defendant whose motion under paragraph (e)  for  a
22    new  trial or new sentencing hearing has been denied may file
23    a notice of appeal therefrom.  Such notice may also include a
24    request for review of the judgment and sentence  not  vacated
25    by the trial court.
26    (Source: P.A. 90-787, eff. 8-14-98.)

27        (725 ILCS 5/119-5) (from Ch. 38, par. 119-5)
28        Sec. 119-5.  Execution of Death Sentence. On or after the
29    effective  date  of  this  amendatory Act of the 93rd General
30    Assembly no person may be executed in this State.
31             (a) (1)  A defendant sentenced  to  death  shall  be
32        executed  by  an  intravenous  administration of a lethal
33        quantity   of   an   ultrashort-acting   barbiturate   in
 
                            -39-     LRB093 04416 RLC 04466 b
 1        combination with a chemical paralytic agent and potassium
 2        chloride or other equally effective substances sufficient
 3        to cause death until death is pronounced  by  a  licensed
 4        physician  according  to  accepted  standards  of medical
 5        practice.
 6             (2)  If the execution of the sentence  of  death  as
 7        provided   in   paragraph   (1)   is   held   illegal  or
 8        unconstitutional  by  a  reviewing  court  of   competent
 9        jurisdiction,  the sentence of death shall be carried out
10        by electrocution.
11        (b)  In pronouncing the sentence of death the court shall
12    set the date of the execution which shall be not less than 60
13    nor more than 90 days from the date sentence is pronounced.
14        (c)  A  sentence  of  death  shall  be  executed   at   a
15    Department of Corrections facility.
16        (d)  The  warden of the penitentiary shall supervise such
17    execution, which shall be conducted  in  the  presence  of  6
18    witnesses  who  shall  certify the execution of the sentence.
19    The certification shall be filed with the clerk of the  court
20    that imposed the sentence.
21        (e)  The  identity  of executioners and other persons who
22    participate or perform ancillary functions  in  an  execution
23    and  information  contained  in  records  that would identify
24    those persons shall remain confidential, shall not be subject
25    to disclosure, and shall not be admissible as evidence or  be
26    discoverable in any action of any kind in any court or before
27    any  tribunal,  board, agency, or person. In order to protect
28    the confidentiality of persons participating in an execution,
29    the Director of Corrections may direct  that  the  Department
30    make payments in cash for such services.
31        (f)  The  amendatory changes to this Section made by this
32    amendatory Act of 1991 are severable under  Section  1.31  of
33    the Statute on Statutes.
34        (g)  Notwithstanding   any   other   provision   of  law,
 
                            -40-     LRB093 04416 RLC 04466 b
 1    assistance, participation in, or the performance of ancillary
 2    or other functions pursuant to this  Section,  including  but
 3    not  limited to the administration of the lethal substance or
 4    substances required by this Section, shall not  be  construed
 5    to constitute the practice of medicine.
 6        (h)  Notwithstanding  any  other  provision  of  law, any
 7    pharmacist  or  pharmaceutical  supplier  is  authorized   to
 8    dispense  drugs  to the Director of Corrections or his or her
 9    designee, without prescription, in order  to  carry  out  the
10    provisions of this Section.
11    (Source: P.A. 89-8, eff. 3-21-95.)

12        (725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
13        Sec. 121-13. Pauper Appeals.
14        (a)  In any case wherein the defendant was convicted of a
15    felony,  if  the  court determines that the defendant desires
16    counsel on appeal but is indigent the Public Defender or  the
17    State  Appellate  Defender  shall  be   appointed as counsel,
18    unless with the consent of the defendant and for  good  cause
19    shown,  the  court  may appoint counsel other than the Public
20    Defender or the State Appellate Defender.
21        (b)  In any case wherein the defendant was convicted of a
22    felony and a sentence of death was not imposed in  the  trial
23    court  the  reviewing court, upon petition of the defendant's
24    counsel made not more frequently than  every  60  days  after
25    appointment,  shall  determine  a  reasonable  amount  to  be
26    allowed an indigent defendant's counsel other than the Public
27    Defender or the State Appellate Defender for compensation and
28    reimbursement  of  expenditures  necessarily  incurred in the
29    prosecution  of  the  appeal  or  review  proceedings.    The
30    compensation  shall  not  exceed  $1500  in each case, except
31    that, in extraordinary circumstances, payment  in  excess  of
32    the  limits  herein stated may be made if the reviewing court
33    certifies that the  payment  is  necessary  to  provide  fair
 
                            -41-     LRB093 04416 RLC 04466 b
 1    compensation  for  protracted  representation.  The reviewing
 2    court shall enter an order directing the county treasurer  of
 3    the county where the case was tried to pay the amount allowed
 4    by  the  court. The reviewing court may order the provisional
 5    payment of sums during the pendency of the cause.
 6        (c)  In any case in which a sentence of death was imposed
 7    in  the  trial  court  before  the  effective  date  of  this
 8    amendatory Act of the  93rd  General  Assembly,  the  Supreme
 9    Court,  upon written petition of the defendant's counsel made
10    not  more  than  every  60  days  after  appointment,   shall
11    determine reasonable compensation for an indigent defendant's
12    attorneys on appeal. The compensation shall not exceed $2,000
13    in  each  case,  except that, in extraordinary circumstances,
14    payment in excess of the limits herein stated may be made  if
15    the  reviewing  court certifies that the payment is necessary
16    to provide fair compensation for  protracted  representation.
17    The  Supreme  Court shall enter an order directing the county
18    treasurer of the county where  the  case  was  tried  to  pay
19    compensation  and reimburse expenditures necessarily incurred
20    in the prosecution of the appeal or review proceedings.   The
21    Supreme  Court  may  order  the  provisional  payment of sums
22    during the pendency of the cause.
23    (Source: P.A. 86-318; 87-580.)

24        (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
25        Sec. 122-1. Petition in the trial court.
26        (a)  Any  person  imprisoned  in  the  penitentiary   who
27    asserts  that in the proceedings which resulted in his or her
28    conviction there was a  substantial  denial  of  his  or  her
29    rights  under the Constitution of the United States or of the
30    State of Illinois or both may institute  a  proceeding  under
31    this Article.
32        (b)  The proceeding shall be commenced by filing with the
33    clerk  of  the  court  in  which  the conviction took place a
 
                            -42-     LRB093 04416 RLC 04466 b
 1    petition  (together  with  a  copy   thereof)   verified   by
 2    affidavit.  Petitioner shall also serve another copy upon the
 3    State's  Attorney by any of the methods provided in Rule 7 of
 4    the Supreme Court.  The clerk shall docket the  petition  for
 5    consideration  by  the court pursuant to Section 122-2.1 upon
 6    his or her receipt thereof and bring the same promptly to the
 7    attention of the court.
 8        (c)  No proceedings under this Article shall be commenced
 9    more than 6 months after the denial of a petition  for  leave
10    to  appeal  or the date for filing such a petition if none is
11    filed or more than 45 days after the defendant files  his  or
12    her  brief  in the appeal of the sentence before the Illinois
13    Supreme Court (or more than 45 days after  the  deadline  for
14    the filing of the defendant's brief with the Illinois Supreme
15    Court  if  no  brief  is  filed)  or 3 years from the date of
16    conviction,  whichever  is  sooner,  unless  the   petitioner
17    alleges  facts  showing  that the delay was not due to his or
18    her culpable negligence.
19        (d)  A person seeking relief by filing a  petition  under
20    this Section must specify in the petition or its heading that
21    it  is  filed  under  this  Section.   A trial court that has
22    received a petition complaining of a conviction  or  sentence
23    that  fails to specify in the petition or its heading that it
24    is filed under this Section need not evaluate the petition to
25    determine whether it could otherwise have stated some grounds
26    for relief under this Article.
27        (e)  (Blank). A proceeding under this Article may not  be
28    commenced  on behalf of a defendant who has been sentenced to
29    death without the written consent of  the  defendant,  unless
30    the  defendant, because of a mental or physical condition, is
31    incapable of asserting his or her own claim.
32    (Source: P.A.  89-284,  eff.  1-1-96;  89-609,  eff.  1-1-97;
33    89-684, eff. 6-1-97; 90-14, eff. 7-1-97.)
 
                            -43-     LRB093 04416 RLC 04466 b
 1        (725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
 2        Sec.  122-2.1.  (a)  Within  90 days after the filing and
 3    docketing of each petition,  the  court  shall  examine  such
 4    petition and enter an order thereon pursuant to this Section.
 5             (1)  If  the  petitioner  is under sentence of death
 6        imposed before the effective date of this amendatory  Act
 7        of  the  93rd General Assembly and is without counsel and
 8        alleges that he is without means to procure  counsel,  he
 9        shall  state  whether  or  not  he  wishes  counsel to be
10        appointed to represent him.  If appointment of counsel is
11        so  requested,  the  court  shall  appoint   counsel   if
12        satisfied  that  the  petitioner  has no means to procure
13        counsel.
14             (2)  If the petitioner is sentenced to  imprisonment
15        and  the court determines the petition is frivolous or is
16        patently without merit, it shall dismiss the petition  in
17        a  written  order,  specifying  the  findings of fact and
18        conclusions of law it  made  in  reaching  its  decision.
19        Such  order of dismissal is a final judgment and shall be
20        served upon the petitioner by certified  mail  within  10
21        days of its entry.
22        (b)  If  the  petition  is not dismissed pursuant to this
23    Section, the court shall order the petition  to  be  docketed
24    for  further  consideration in accordance with Sections 122-4
25    through 122-6.
26        (c)  In considering a petition pursuant to this  Section,
27    the  court  may  examine  the court file of the proceeding in
28    which the petitioner was convicted, any action  taken  by  an
29    appellate  court  in  such  proceeding and any transcripts of
30    such proceeding.
31    (Source: P.A. 86-655; 87-904.)

32        (725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
33        Sec. 122-4. Pauper Petitions.  If  the  petition  is  not
 
                            -44-     LRB093 04416 RLC 04466 b
 1    dismissed  pursuant  to Section 122-2.1, and alleges that the
 2    petitioner is unable to pay the costs of the proceeding,  the
 3    court  may  order that the petitioner be permitted to proceed
 4    as a poor person and order a transcript  of  the  proceedings
 5    delivered  to  petitioner  in  accordance  with  Rule  of the
 6    Supreme Court.  If the  petitioner  is  without  counsel  and
 7    alleges that he is without means to procure counsel, he shall
 8    state  whether  or  not  he wishes counsel to be appointed to
 9    represent him.  If appointment of counsel  is  so  requested,
10    and  the  petition  is  not  dismissed  pursuant  to  Section
11    122-2.1,  the  court  shall appoint counsel if satisfied that
12    the petitioner has no means to procure counsel. A  petitioner
13    who  is  a  prisoner in an Illinois Department of Corrections
14    facility who files a pleading, motion, or other  filing  that
15    purports  to  be  a  legal  document  seeking post-conviction
16    relief under this Article against  the  State,  the  Illinois
17    Department  of Corrections, the Prisoner Review Board, or any
18    of their officers or employees in which  the  court  makes  a
19    specific  finding  that the pleading, motion, or other filing
20    that purports to be a legal document is frivolous  shall  not
21    proceed  as  a  poor  person and shall be liable for the full
22    payment of filing fees and actual court costs as provided  in
23    Article XXII of the Code of Civil Procedure.
24        A Circuit Court or the Illinois Supreme Court may appoint
25    the  State  Appellate  Defender  to  provide  post-conviction
26    representation  in  a  case  in  which  the  defendant was is
27    sentenced  to  death  before  the  effective  date  of   this
28    amendatory  Act  of  the 93rd General Assembly.  Any attorney
29    assigned by the Office of the  State  Appellate  Defender  to
30    provide    post-conviction    representation   for   indigent
31    defendants in cases in which a sentence of death was  imposed
32    in  the  trial  court may, from time to time submit bills and
33    time sheets to the Office of the State Appellate Defender for
34    payment of services rendered and  the  Office  of  the  State
 
                            -45-     LRB093 04416 RLC 04466 b
 1    Appellate  Defender  shall  pay bills from funds appropriated
 2    for this purpose in accordance with rules promulgated by  the
 3    State Appellate Defender.
 4        The  court,  at  the  conclusion  of the proceedings upon
 5    receipt  of  a  petition  by  the  appointed  counsel,  shall
 6    determine a reasonable  amount  to  be  allowed  an  indigent
 7    defendant's  counsel  other  than  the Public Defender or the
 8    State Appellate Defender for compensation  and  reimbursement
 9    of expenditures necessarily incurred in the proceedings.  The
10    compensation shall not exceed $500 in each case, except that,
11    in  extraordinary  circumstances,  payment  in  excess of the
12    limits herein stated may be made if the trial court certifies
13    that the payment is necessary to  provide  fair  compensation
14    for  protracted representation, and the amount is approved by
15    the chief judge of the circuit.  The  court  shall  enter  an
16    order  directing the county treasurer of the county where the
17    case was tried to pay  the  amount  thereby  allowed  by  the
18    court.   The  court may order the provisional payment of sums
19    during the pendency of the cause.
20    (Source: P.A. 90-505, eff. 8-19-97.)

21        Section 50.  The State Appellate Defender Act is  amended
22    by changing Sections 10 and 10.5 as follows:

23        (725 ILCS 105/10) (from Ch. 38, par. 208-10)
24        Sec. 10.  Powers and duties of State Appellate Defender.
25        (a)  The   State   Appellate   Defender  shall  represent
26    indigent persons on appeal in criminal and  delinquent  minor
27    proceedings,  when  appointed  to  do  so  by a court under a
28    Supreme Court Rule or law of this State.
29        (b)  The State Appellate Defender shall submit  a  budget
30    for the approval of the State Appellate Defender Commission.
31        (c)  The State Appellate Defender may:
32             (1)  maintain a panel of private attorneys available
 
                            -46-     LRB093 04416 RLC 04466 b
 1        to serve as counsel on a case basis;
 2             (2)  establish  programs,  alone  or  in conjunction
 3        with law schools, for the purpose of utilizing  volunteer
 4        law students as legal assistants;
 5             (3)  cooperate  and  consult  with  state  agencies,
 6        professional  associations,  and  other groups concerning
 7        the causes of criminal conduct,  the  rehabilitation  and
 8        correction  of  persons  charged  with  and  convicted of
 9        crime, the administration of criminal  justice,  and,  in
10        counties   of  less  than  1,000,000  population,  study,
11        design, develop  and  implement  model  systems  for  the
12        delivery  of  trial  level defender services, and make an
13        annual report to the General Assembly;
14             (4)  provide  investigative  services  to  appointed
15        counsel and county public defenders;
16             (5)  (blank). in cases in which a death sentence  is
17        an authorized disposition, provide trial counsel with the
18        assistance   of   expert  witnesses,  investigators,  and
19        mitigation specialists from  funds  appropriated  to  the
20        State Appellate Defender specifically for that purpose by
21        the  General  Assembly.   The  Office  of State Appellate
22        Defender shall not be appointed to serve as trial counsel
23        in capital cases.
24        (d)  (Blank). For  each  State  fiscal  year,  the  State
25    Appellate  Defender  shall appear before the General Assembly
26    and request  appropriations  to  be  made  from  the  Capital
27    Litigation  Trust Fund to the State Treasurer for the purpose
28    of providing defense assistance in capital cases  outside  of
29    Cook  County.  The State Appellate Defender may appear before
30    the General Assembly at other times during the State's fiscal
31    year to request supplemental appropriations  from  the  Trust
32    Fund to the State Treasurer.
33        (e)  The   requirement   for  reporting  to  the  General
34    Assembly shall be satisfied by filing copies  of  the  report
 
                            -47-     LRB093 04416 RLC 04466 b
 1    with  the  Speaker,  the Minority Leader and the Clerk of the
 2    House of Representatives  and  the  President,  the  Minority
 3    Leader  and  the  Secretary of the Senate and the Legislative
 4    Research Unit, as required by  Section  3.1  of  the  General
 5    Assembly  Organization  Act and filing such additional copies
 6    with the State Government Report Distribution Center for  the
 7    General  Assembly  as  is  required  under  paragraph  (t) of
 8    Section 7 of the State Library Act.
 9    (Source: P.A. 91-589, eff. 1-1-00.)

10        (725 ILCS 105/10.5)
11        Sec. 10.5.  Competitive bidding for appellate services.
12        (a)  The State Appellate  Defender  may,  to  the  extent
13    necessary  to  dispose  of  its  backlog of indigent criminal
14    appeals, institute a competitive bidding program under  which
15    contracts  for the services of attorneys in non-death penalty
16    criminal  appeals  are  awarded  to  the  lowest  responsible
17    bidder.
18        (b)  The State Appellate  Defender,  before  letting  out
19    bids for contracts for the services of attorneys to represent
20    indigent  defendants  on  appeal  in  criminal  cases,  shall
21    advertise  the  letting  of  the  bids  in  a  publication or
22    publications of  the  Illinois  State  Bar  Association,  the
23    Chicago  Daily  Law  Bulletin,  and  the Chicago Lawyer.  The
24    State Appellate Defender shall also advertise the letting  of
25    the  bids  in  newspapers  of  general  circulation  in major
26    municipalities  to  be  determined  by  the  State  Appellate
27    Defender.  The State Appellate Defender shall mail notices of
28    the letting of the bids to county and local bar associations.
29        (c)  Bids may be let in packages of one  to  5,  appeals.
30    Additional  cases  may  be assigned, in the discretion of the
31    State Appellate Defender, after a successful bidder completes
32    work on existing packages.
33        (d)  A bid for services of an attorney under this Section
 
                            -48-     LRB093 04416 RLC 04466 b
 1    shall be let only to an attorney licensed to practice law  in
 2    Illinois who has prior criminal appellate experience or to an
 3    attorney  who is a member or employee of a law firm which has
 4    at least one member with that experience. Prospective bidders
 5    must furnish legal writing samples that are deemed acceptable
 6    to the State Appellate Defender.
 7        (e)  An attorney who is awarded  a  contract  under  this
 8    Section shall communicate with each of his or her clients and
 9    shall file each initial brief before the due date established
10    by  Supreme  Court Rule or by the Appellate Court.  The State
11    Appellate Defender may  rescind  the  contract  for  attorney
12    services  and  may require the return of the record on appeal
13    if  the  contracted  attorney  fails  to  make   satisfactory
14    progress,  in  the  opinion  of the State Appellate Defender,
15    toward filing a brief.
16        (f)  Gross compensation for completing of a case shall be
17    $40 per hour but shall  not  exceed  $2,000  per  case.   The
18    contract shall specify the manner of payment.
19        (g)  (Blank).
20        (h)  (Blank).
21    (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.)

22        (725 ILCS 124/Act rep.)
23        Section   55.   The  Capital  Crimes  Litigation  Act  is
24    repealed on July 1, 2003.

25        Section 60.  The Uniform  Criminal  Extradiction  Act  is
26    amended by changing Section 5 as follows:

27        (725 ILCS 235/5) (from Ch. 38, par. 157-5)
28        Sec. 5. Exceptions.
29        This  act  does  not  apply  to  any person in this State
30    confined as mentally ill or, in need of mental treatment,  or
31    under sentence of death.
 
                            -49-     LRB093 04416 RLC 04466 b
 1    (Source: Laws 1963, p. 2171.)

 2        Section  65.   The Unified Code of Corrections is amended
 3    by changing Sections 3-3-13,  3-8-10,  3-6-3,  5-1-9,  5-4-1,
 4    5-5-3, 5-8-1, 5-8-4, and 5-8-5 as follows:

 5        (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
 6        Sec. 3-3-13.  Procedure for Executive Clemency.
 7        (a)  Petitions  seeking  pardon, commutation, or reprieve
 8    shall be  addressed  to  the  Governor  and  filed  with  the
 9    Prisoner  Review Board.  The petition shall be in writing and
10    signed by the person under conviction or by a person  on  his
11    behalf.  It  shall  contain  a brief history of the case, the
12    reasons for seeking executive clemency,  and  other  relevant
13    information the Board may require.
14        (a-5)  After  a petition has been denied by the Governor,
15    the Board may not accept  a  repeat  petition  for  executive
16    clemency  for the same person until one full year has elapsed
17    from the date of the denial.  The Chairman of the  Board  may
18    waive  the  one-year  requirement if the petitioner offers in
19    writing  new  information  that  was   unavailable   to   the
20    petitioner  at  the  time of the filing of the prior petition
21    and which the Chairman determines  to  be  significant.   The
22    Chairman  also  may  waive the one-year waiting period if the
23    petitioner can show that  a  change  in  circumstances  of  a
24    compelling humanitarian nature has arisen since the denial of
25    the prior petition.
26        (b)  Notice of the proposed application shall be given by
27    the Board to the committing court and the state's attorney of
28    the county where the conviction was had.
29        (c)  The  Board  shall, if requested and upon due notice,
30    give a hearing to each application,  allowing  representation
31    by  counsel,  if desired, after which it shall confidentially
32    advise  the   Governor   by   a   written   report   of   its
 
                            -50-     LRB093 04416 RLC 04466 b
 1    recommendations  which  shall be determined by majority vote.
 2    The Board shall meet to consider such petitions no less  than
 3    4 times each year.
 4        Application for executive clemency under this Section may
 5    not be commenced on behalf of a person who has been sentenced
 6    to death without the written consent of the defendant, unless
 7    the  defendant, because of a mental or physical condition, is
 8    incapable of asserting his or her own claim.
 9        (d)  The  Governor  shall  decide  each  application  and
10    communicate his decision to the Board which shall notify  the
11    petitioner.
12        In  the  event  a  petitioner who has been convicted of a
13    Class X felony is granted a release, after the  Governor  has
14    communicated such decision to the Board, the Board shall give
15    written  notice  to  the Sheriff of the county from which the
16    offender was sentenced if such  sheriff  has  requested  that
17    such  notice  be  given on a continuing basis. In cases where
18    arrest of the offender or the commission of the offense  took
19    place  in  any  municipality  with  a population of more than
20    10,000 persons, the Board shall also give written  notice  to
21    the proper law enforcement agency for said municipality which
22    has requested notice on a continuing basis.
23        (e)  Nothing  in this Section shall be construed to limit
24    the power of the Governor under the constitution to  grant  a
25    reprieve, commutation of sentence, or pardon.
26    (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)

27        (730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10)
28        Sec.  3-8-10.  Intrastate  Detainers.  Except for persons
29    sentenced to death, Subsection (b), (c) and  (e)  of  Section
30    103-5  of  the  Code of Criminal Procedure of 1963 shall also
31    apply to persons committed to any institution or facility  or
32    program  of  the  Illinois Department of Corrections who have
33    untried complaints, charges or  indictments  pending  in  any
 
                            -51-     LRB093 04416 RLC 04466 b
 1    county  of  this  State, and such person shall include in the
 2    demand under subsection (b), a  statement  of  the  place  of
 3    present  commitment,  the  term,  and length of the remaining
 4    term, the charges pending against him or her to be tried  and
 5    the  county of the charges, and the demand shall be addressed
 6    to the state's attorney of the county  where  he  or  she  is
 7    charged  with a copy to the clerk of that court and a copy to
 8    the  chief  administrative  officer  of  the  Department   of
 9    Corrections  institution  or  facility  to which he or she is
10    committed.  The  state's  attorney  shall  then  procure  the
11    presence of the defendant for trial in his county  by  habeas
12    corpus.  Additional  time may be granted by the court for the
13    process of bringing and serving an order of habeas corpus  ad
14    prosequendum.  In the event that the person is not brought to
15    trial within the allotted time, then the charge for which  he
16    or she has requested a speedy trial shall be dismissed.
17    (Source: P.A. 83-346.)

18        (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
19        Sec. 3-6-3.  Rules and Regulations for Early Release.
20             (a) (1)  The   Department   of   Corrections   shall
21        prescribe  rules and regulations for the early release on
22        account of good  conduct  of  persons  committed  to  the
23        Department  which  shall  be  subject  to  review  by the
24        Prisoner Review Board.
25             (2)  The rules  and  regulations  on  early  release
26        shall  provide,  with respect to offenses committed on or
27        after June 19, 1998, the following:
28                  (i)  that a prisoner who is serving a  term  of
29             imprisonment  for  first  degree  murder  or for the
30             offense of terrorism shall receive no  good  conduct
31             credit  and  shall serve the entire sentence imposed
32             by the court;
33                  (ii)  that a prisoner serving  a  sentence  for
 
                            -52-     LRB093 04416 RLC 04466 b
 1             attempt  to commit first degree murder, solicitation
 2             of  murder,  solicitation  of   murder   for   hire,
 3             intentional  homicide  of an unborn child, predatory
 4             criminal  sexual  assault  of  a  child,  aggravated
 5             criminal sexual assault,  criminal  sexual  assault,
 6             aggravated  kidnapping,   aggravated  battery with a
 7             firearm, heinous battery, aggravated  battery  of  a
 8             senior  citizen,  or  aggravated  battery of a child
 9             shall receive no more than 4.5 days of good  conduct
10             credit  for  each  month  of  his or her sentence of
11             imprisonment; and
12                  (iii)  that a prisoner serving a  sentence  for
13             home  invasion,  armed robbery, aggravated vehicular
14             hijacking, aggravated discharge  of  a  firearm,  or
15             armed  violence with a category I weapon or category
16             II weapon, when the court has  made  and  entered  a
17             finding,  pursuant  to  subsection  (c-1) of Section
18             5-4-1 of this Code,  that  the  conduct  leading  to
19             conviction  for  the  enumerated offense resulted in
20             great bodily harm to a victim, shall receive no more
21             than 4.5 days of good conduct credit for each  month
22             of his or her sentence of imprisonment.
23             (2.1)  For all offenses, other than those enumerated
24        in  subdivision  (a)(2)  committed  on  or after June 19,
25        1998, and other than the offense of reckless homicide  as
26        defined  in subsection (e) of Section 9-3 of the Criminal
27        Code of 1961 committed on or after January 1,  1999,  the
28        rules  and  regulations shall provide that a prisoner who
29        is serving a term of imprisonment shall receive  one  day
30        of  good  conduct  credit  for  each  day  of  his or her
31        sentence of imprisonment or  recommitment  under  Section
32        3-3-9.  Each  day  of good conduct credit shall reduce by
33        one  day  the  prisoner's  period  of   imprisonment   or
34        recommitment under Section 3-3-9.
 
                            -53-     LRB093 04416 RLC 04466 b
 1             (2.2)  A  prisoner  serving  a  term of natural life
 2        imprisonment or a prisoner  who  has  been  sentenced  to
 3        death shall receive no good conduct credit.
 4             (2.3)  The  rules  and  regulations on early release
 5        shall provide that a prisoner who is serving  a  sentence
 6        for  reckless  homicide  as  defined in subsection (e) of
 7        Section 9-3 of the Criminal Code of 1961 committed on  or
 8        after January 1, 1999 shall receive no more than 4.5 days
 9        of  good  conduct  credit  for  each  month of his or her
10        sentence of imprisonment.
11             (2.4)  The rules and regulations  on  early  release
12        shall  provide with respect to the offenses of aggravated
13        battery with a machine gun or a firearm equipped with any
14        device or attachment designed or used for  silencing  the
15        report  of a firearm or aggravated discharge of a machine
16        gun or a firearm equipped with any device  or  attachment
17        designed  or  used for silencing the report of a firearm,
18        committed  on  or  after  the  effective  date  of   this
19        amendatory  Act  of  1999,  that  a  prisoner  serving  a
20        sentence  for any of these offenses shall receive no more
21        than 4.5 days of good conduct credit for  each  month  of
22        his or her sentence of imprisonment.
23             (2.5)  The  rules  and  regulations on early release
24        shall provide that a prisoner who is serving  a  sentence
25        for  aggravated arson committed on or after the effective
26        date of this amendatory Act of the 92nd General  Assembly
27        shall  receive  no  more  than  4.5  days of good conduct
28        credit  for  each  month  of  his  or  her  sentence   of
29        imprisonment.
30             (3)  The  rules  and  regulations shall also provide
31        that the Director may award up  to  180  days  additional
32        good  conduct  credit for meritorious service in specific
33        instances as the Director deems proper;  except  that  no
34        more  than 90 days of good conduct credit for meritorious
 
                            -54-     LRB093 04416 RLC 04466 b
 1        service shall be awarded to any prisoner who is serving a
 2        sentence for conviction of first degree murder,  reckless
 3        homicide  while  under  the  influence  of alcohol or any
 4        other drug, aggravated kidnapping, kidnapping,  predatory
 5        criminal  sexual  assault of a child, aggravated criminal
 6        sexual assault, criminal sexual assault,  deviate  sexual
 7        assault,  aggravated  criminal  sexual  abuse, aggravated
 8        indecent liberties with a child, indecent liberties  with
 9        a  child,  child pornography, heinous battery, aggravated
10        battery of a spouse, aggravated battery of a spouse  with
11        a  firearm,  stalking,  aggravated  stalking,  aggravated
12        battery  of  a child, endangering the life or health of a
13        child, cruelty to  a  child,  or  narcotic  racketeering.
14        Notwithstanding  the  foregoing,  good conduct credit for
15        meritorious service shall not be awarded on a sentence of
16        imprisonment imposed for conviction of: (i)  one  of  the
17        offenses   enumerated  in  subdivision  (a)(2)  when  the
18        offense is committed on or  after  June  19,  1998,  (ii)
19        reckless homicide as defined in subsection (e) of Section
20        9-3  of  the  Criminal  Code  of 1961 when the offense is
21        committed on or after January 1, 1999, (iii) one  of  the
22        offenses  enumerated  in  subdivision  (a)(2.4)  when the
23        offense is committed on or after the  effective  date  of
24        this  amendatory  Act  of  1999, or (iv) aggravated arson
25        when the offense is committed on or after  the  effective
26        date of this amendatory Act of the 92nd General Assembly.
27             (4)  The  rules  and  regulations shall also provide
28        that the good conduct  credit  accumulated  and  retained
29        under  paragraph  (2.1) of subsection (a) of this Section
30        by any inmate during specific periods of  time  in  which
31        such  inmate  is  engaged  full-time  in  substance abuse
32        programs,   correctional   industry    assignments,    or
33        educational  programs  provided  by  the Department under
34        this  paragraph  (4)  and  satisfactorily  completes  the
 
                            -55-     LRB093 04416 RLC 04466 b
 1        assigned program as determined by the  standards  of  the
 2        Department,  shall  be multiplied by a factor of 1.25 for
 3        program participation before August 11, 1993 and 1.50 for
 4        program participation on or after that date. However,  no
 5        inmate  shall be eligible for the additional good conduct
 6        credit under this paragraph (4) while assigned to a  boot
 7        camp,  mental health unit, or electronic detention, or if
 8        convicted of an offense enumerated in paragraph (a)(2) of
 9        this Section that is committed on or after June 19, 1998,
10        or if  convicted  of  reckless  homicide  as  defined  in
11        subsection  (e)  of  Section  9-3 of the Criminal Code of
12        1961 if the offense is committed on or after  January  1,
13        1999,  or  if  convicted  of  an  offense  enumerated  in
14        paragraph  (a)(2.4)  of this Section that is committed on
15        or after the effective date of  this  amendatory  Act  of
16        1999,  or first degree murder, a Class X felony, criminal
17        sexual assault, felony criminal sexual abuse,  aggravated
18        criminal sexual abuse, aggravated battery with a firearm,
19        or any predecessor or successor offenses with the same or
20        substantially the same elements, or any inchoate offenses
21        relating  to  the foregoing offenses.  No inmate shall be
22        eligible for the additional  good  conduct  credit  under
23        this  paragraph  (4)  who  (i)  has  previously  received
24        increased  good  conduct  credit under this paragraph (4)
25        and has subsequently been convicted of a felony, or  (ii)
26        has  previously  served  more  than one prior sentence of
27        imprisonment  for  a  felony  in  an  adult  correctional
28        facility.
29             Educational,   vocational,   substance   abuse   and
30        correctional industry programs under which  good  conduct
31        credit may be increased under this paragraph (4) shall be
32        evaluated  by  the  Department on the basis of documented
33        standards.  The Department shall report  the  results  of
34        these   evaluations  to  the  Governor  and  the  General
 
                            -56-     LRB093 04416 RLC 04466 b
 1        Assembly by September 30th of  each  year.   The  reports
 2        shall  include data relating to the recidivism rate among
 3        program participants.
 4             Availability of these programs shall be  subject  to
 5        the  limits  of  fiscal  resources  appropriated  by  the
 6        General  Assembly  for  these purposes.  Eligible inmates
 7        who are denied immediate admission shall be placed  on  a
 8        waiting   list   under   criteria   established   by  the
 9        Department. The inability of any inmate to become engaged
10        in any such programs by reason  of  insufficient  program
11        resources  or  for any other reason established under the
12        rules and regulations of  the  Department  shall  not  be
13        deemed  a  cause  of action under which the Department or
14        any employee or agent of the Department shall  be  liable
15        for damages to the inmate.
16             (5)  Whenever  the  Department  is  to  release  any
17        inmate earlier than it otherwise would because of a grant
18        of  good  conduct credit for meritorious service given at
19        any time during  the  term,  the  Department  shall  give
20        reasonable advance notice of the impending release to the
21        State's  Attorney  of the county where the prosecution of
22        the inmate took place.
23        (b)  Whenever a person is or  has  been  committed  under
24    several  convictions,  with separate sentences, the sentences
25    shall be  construed  under  Section  5-8-4  in  granting  and
26    forfeiting of good time.
27        (c)  The Department shall prescribe rules and regulations
28    for  revoking  good conduct credit, or suspending or reducing
29    the rate of accumulation of good conduct credit for  specific
30    rule   violations,  during  imprisonment.   These  rules  and
31    regulations shall provide that no  inmate  may  be  penalized
32    more  than  one  year  of  good  conduct  credit  for any one
33    infraction.
34        When the Department seeks to revoke,  suspend  or  reduce
 
                            -57-     LRB093 04416 RLC 04466 b
 1    the  rate  of accumulation of any good conduct credits for an
 2    alleged infraction of  its  rules,  it  shall  bring  charges
 3    therefor  against  the  prisoner  sought to be so deprived of
 4    good conduct credits before  the  Prisoner  Review  Board  as
 5    provided  in  subparagraph  (a)(4)  of  Section 3-3-2 of this
 6    Code, if the amount of credit at issue  exceeds  30  days  or
 7    when  during  any  12  month period, the cumulative amount of
 8    credit revoked exceeds 30 days except where the infraction is
 9    committed or discovered within 60 days of scheduled  release.
10    In  those  cases, the Department of Corrections may revoke up
11    to 30 days of good conduct credit. The Board may subsequently
12    approve the revocation of additional good conduct credit,  if
13    the  Department seeks to revoke good conduct credit in excess
14    of 30 days.  However, the Board shall  not  be  empowered  to
15    review  the Department's decision with respect to the loss of
16    30 days of good conduct credit within any calendar  year  for
17    any  prisoner  or  to  increase any penalty beyond the length
18    requested by the Department.
19        The  Director  of  the  Department  of  Corrections,   in
20    appropriate  cases,  may  restore  up to 30 days good conduct
21    credits which have been revoked, suspended  or  reduced.  Any
22    restoration  of  good  conduct  credits  in excess of 30 days
23    shall be subject to review  by  the  Prisoner  Review  Board.
24    However,  the  Board  may  not restore good conduct credit in
25    excess of the amount requested by the Director.
26        Nothing contained in  this  Section  shall  prohibit  the
27    Prisoner  Review  Board  from  ordering,  pursuant to Section
28    3-3-9(a)(3)(i)(B), that a prisoner serve up to  one  year  of
29    the  sentence imposed by the court that was not served due to
30    the accumulation of good conduct credit.
31        (d)  If a lawsuit is filed by a prisoner in  an  Illinois
32    or  federal  court  against  the  State,  the  Department  of
33    Corrections,  or the Prisoner Review Board, or against any of
34    their officers or employees, and the court makes  a  specific
 
                            -58-     LRB093 04416 RLC 04466 b
 1    finding  that a pleading, motion, or other paper filed by the
 2    prisoner is frivolous, the Department  of  Corrections  shall
 3    conduct  a  hearing  to revoke up to 180 days of good conduct
 4    credit by bringing charges against the prisoner sought to  be
 5    deprived  of  the  good  conduct  credits before the Prisoner
 6    Review Board as provided in subparagraph  (a)(8)  of  Section
 7    3-3-2  of  this Code. If the prisoner has not accumulated 180
 8    days of good conduct credit at the time of the finding,  then
 9    the  Prisoner Review Board may revoke all good conduct credit
10    accumulated by the prisoner.
11        For purposes of this subsection (d):
12             (1)  "Frivolous" means that a pleading,  motion,  or
13        other  filing which purports to be a legal document filed
14        by a prisoner in his or her lawsuit meets any or  all  of
15        the following criteria:
16                  (A)  it  lacks  an arguable basis either in law
17             or in fact;
18                  (B)  it is being  presented  for  any  improper
19             purpose,  such  as to harass or to cause unnecessary
20             delay  or  needless  increase   in   the   cost   of
21             litigation;
22                  (C)  the  claims,  defenses,  and  other  legal
23             contentions  therein  are  not warranted by existing
24             law or by a nonfrivolous argument for the extension,
25             modification, or reversal of  existing  law  or  the
26             establishment of new law;
27                  (D)  the    allegations   and   other   factual
28             contentions do not have evidentiary support  or,  if
29             specifically  so  identified, are not likely to have
30             evidentiary support after a  reasonable  opportunity
31             for further investigation or discovery; or
32                  (E)  the denials of factual contentions are not
33             warranted  on  the  evidence,  or if specifically so
34             identified, are not reasonably based on  a  lack  of
 
                            -59-     LRB093 04416 RLC 04466 b
 1             information or belief.
 2             (2)  "Lawsuit"  means a petition for post-conviction
 3        relief  under  Article  122  of  the  Code  of   Criminal
 4        Procedure  of 1963, a motion pursuant to Section 116-3 of
 5        the Code of Criminal Procedure of 1963, a  habeas  corpus
 6        action  under Article X of the Code of Civil Procedure or
 7        under federal law (28 U.S.C. 2254), a petition for  claim
 8        under  the  Court  of  Claims  Act or an action under the
 9        federal Civil Rights Act (42 U.S.C. 1983).
10        (e)  Nothing in this amendatory Act of 1998  affects  the
11    validity of Public Act 89-404.
12    (Source: P.A.  91-121,  eff.  7-15-99;  91-357, eff. 7-29-99;
13    92-176, eff. 7-27-01; 92-854, eff. 12-5-02.)

14        (730 ILCS 5/5-1-9) (from Ch. 38, par. 1005-1-9)
15        Sec. 5-1-9. Felony.
16        "Felony" means an offense for which a sentence  to  death
17    or  to  a term of imprisonment in a penitentiary for one year
18    or more is provided.
19    (Source: P.A. 77-2097.)

20        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
21        Sec. 5-4-1.  Sentencing Hearing.
22        (a)  Except  when  the  death  penalty  is  sought  under
23    hearing procedures otherwise specified, After a determination
24    of guilt, a hearing shall be held  to  impose  the  sentence.
25    However, prior to the imposition of sentence on an individual
26    being  sentenced  for  an  offense  based upon a charge for a
27    violation of Section 11-501 of the Illinois Vehicle Code or a
28    similar provision of a local ordinance, the  individual  must
29    undergo  a professional evaluation to determine if an alcohol
30    or other drug abuse problem exists and the extent of  such  a
31    problem.   Programs  conducting  these  evaluations  shall be
32    licensed by the Department of Human  Services.   However,  if
 
                            -60-     LRB093 04416 RLC 04466 b
 1    the  individual is not a resident of Illinois, the court may,
 2    in its discretion, accept an evaluation from a program in the
 3    state of such individual's residence. The court  may  in  its
 4    sentencing  order approve an eligible defendant for placement
 5    in a Department of Corrections impact  incarceration  program
 6    as  provided  in  Section 5-8-1.1 or 5-8-1.3.  At the hearing
 7    the court shall:
 8             (1)  consider the evidence, if  any,  received  upon
 9        the trial;
10             (2)  consider any presentence reports;
11             (3)  consider  the financial impact of incarceration
12        based on the financial impact statement  filed  with  the
13        clerk of the court by the Department of Corrections;
14             (4)  consider  evidence  and  information offered by
15        the parties in aggravation and mitigation;
16             (5)  hear arguments as to sentencing alternatives;
17             (6)  afford the defendant the opportunity to make  a
18        statement in his own behalf;
19             (7)  afford  the  victim  of  a  violent  crime or a
20        violation of Section 11-501 of the Illinois Vehicle Code,
21        or a  similar  provision  of  a  local  ordinance,  or  a
22        qualified  individual  affected by a violation of Section
23        405, 405.1, 405.2, or  407  of  the  Illinois  Controlled
24        Substances   Act,   committed   by   the   defendant  the
25        opportunity to make a statement concerning the impact  on
26        the  victim  and  to  offer  evidence  in  aggravation or
27        mitigation; provided  that  the  statement  and  evidence
28        offered  in  aggravation  or  mitigation  must  first  be
29        prepared  in  writing  in  conjunction  with  the State's
30        Attorney  before  it  may  be  presented  orally  at  the
31        hearing. Any sworn testimony offered  by  the  victim  is
32        subject  to  the  defendant's right to cross-examine. All
33        statements and evidence offered under this paragraph  (7)
34        shall  become  part  of the record of the court.  For the
 
                            -61-     LRB093 04416 RLC 04466 b
 1        purpose of this  paragraph  (7),  "qualified  individual"
 2        means  any  person  who  (i)  lived  or worked within the
 3        territorial jurisdiction where  the  offense  took  place
 4        when  the  offense  took place; and (ii) is familiar with
 5        various public places within the territorial jurisdiction
 6        where the offense took place when the offense took place.
 7        For  the  purposes  of  this  paragraph  (7),  "qualified
 8        individual" includes any peace officer, or any member  of
 9        any duly organized State, county, or municipal peace unit
10        assigned   to  the  territorial  jurisdiction  where  the
11        offense took place when the offense took place; and
12             (8)  in  cases  of  reckless  homicide  afford   the
13        victim's  spouse,  guardians,  parents or other immediate
14        family members an opportunity to make oral statements.
15        (b)  All sentences shall be imposed by  the  judge  based
16    upon  his  independent  assessment  of the elements specified
17    above and  any  agreement  as  to  sentence  reached  by  the
18    parties.   The  judge  who presided at the trial or the judge
19    who accepted the plea of guilty  shall  impose  the  sentence
20    unless  he  is  no  longer  sitting as a judge in that court.
21    Where the judge does not impose sentence at the same time  on
22    all  defendants  who  are  convicted  as  a  result  of being
23    involved in the same offense, the defendant  or  the  State's
24    Attorney  may  advise the sentencing court of the disposition
25    of any other defendants who have been sentenced.
26        (c)  In imposing a sentence for a violent crime or for an
27    offense of operating  or  being  in  physical  control  of  a
28    vehicle  while under the influence of alcohol, any other drug
29    or any combination thereof, or a similar provision of a local
30    ordinance, when such offense resulted in the personal  injury
31    to  someone  other  than the defendant, the trial judge shall
32    specify on the record the particular  evidence,  information,
33    factors  in  mitigation and aggravation or other reasons that
34    led to his sentencing determination. The full verbatim record
 
                            -62-     LRB093 04416 RLC 04466 b
 1    of the sentencing hearing shall be filed with  the  clerk  of
 2    the court and shall be a public record.
 3        (c-1)  In   imposing   a  sentence  for  the  offense  of
 4    aggravated  kidnapping  for  ransom,  home  invasion,   armed
 5    robbery, aggravated vehicular hijacking, aggravated discharge
 6    of  a  firearm, or armed violence with a category I weapon or
 7    category II weapon, the trial judge shall make a  finding  as
 8    to  whether the conduct leading to conviction for the offense
 9    resulted in great bodily harm to a victim,  and  shall  enter
10    that finding and the basis for that finding in the record.
11        (c-2)  If  the  defendant  is  sentenced to prison, other
12    than when a  sentence  of  natural  life  imprisonment  or  a
13    sentence  of  death  is  imposed, at the time the sentence is
14    imposed the judge shall state on the record in open court the
15    approximate period  of  time  the  defendant  will  serve  in
16    custody  according  to  the  then current statutory rules and
17    regulations for early release  found  in  Section  3-6-3  and
18    other  related  provisions  of  this Code.  This statement is
19    intended solely to inform the public, has no legal effect  on
20    the  defendant's  actual release, and may not be relied on by
21    the defendant on appeal.
22        The judge's statement, to be given after pronouncing  the
23    sentence,  other than when the sentence is imposed for one of
24    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
25    shall include the following:
26        "The purpose of this statement is to inform the public of
27    the actual period of time this defendant is likely  to  spend
28    in prison as a result of this sentence.  The actual period of
29    prison  time served is determined by the statutes of Illinois
30    as applied to this sentence by  the  Illinois  Department  of
31    Corrections  and the Illinois Prisoner Review Board.  In this
32    case, assuming the defendant receives all of his or her  good
33    conduct credit, the period of estimated actual custody is ...
34    years  and  ...  months,  less up to 180 days additional good
 
                            -63-     LRB093 04416 RLC 04466 b
 1    conduct credit for meritorious service.   If  the  defendant,
 2    because  of  his  or  her own misconduct or failure to comply
 3    with the institutional regulations, does  not  receive  those
 4    credits,  the  actual  time  served in prison will be longer.
 5    The defendant may also receive  an  additional  one-half  day
 6    good   conduct  credit  for  each  day  of  participation  in
 7    vocational,  industry,  substance  abuse,   and   educational
 8    programs as provided for by Illinois statute."
 9        When  the  sentence  is  imposed  for one of the offenses
10    enumerated in paragraph (a)(3) of Section 3-6-3,  other  than
11    when  the  sentence  is  imposed  for  one  of  the  offenses
12    enumerated  in paragraph (a)(2) of Section 3-6-3 committed on
13    or after June 19, 1998, and other than when the  sentence  is
14    imposed for reckless homicide as defined in subsection (e) of
15    Section  9-3  of the Criminal Code of 1961 if the offense was
16    committed on or after January 1, 1999, and  other  than  when
17    the  sentence  is imposed for aggravated arson if the offense
18    was  committed  on  or  after  the  effective  date  of  this
19    amendatory Act of the  92nd  General  Assembly,  the  judge's
20    statement,  to be given after pronouncing the sentence, shall
21    include the following:
22        "The purpose of this statement is to inform the public of
23    the actual period of time this defendant is likely  to  spend
24    in prison as a result of this sentence.  The actual period of
25    prison  time served is determined by the statutes of Illinois
26    as applied to this sentence by  the  Illinois  Department  of
27    Corrections  and the Illinois Prisoner Review Board.  In this
28    case, assuming the defendant receives all of his or her  good
29    conduct credit, the period of estimated actual custody is ...
30    years  and  ...  months,  less  up to 90 days additional good
31    conduct credit for meritorious service.   If  the  defendant,
32    because  of  his  or  her own misconduct or failure to comply
33    with the institutional regulations, does  not  receive  those
34    credits,  the  actual  time  served in prison will be longer.
 
                            -64-     LRB093 04416 RLC 04466 b
 1    The defendant may also receive  an  additional  one-half  day
 2    good   conduct  credit  for  each  day  of  participation  in
 3    vocational,  industry,  substance  abuse,   and   educational
 4    programs as provided for by Illinois statute."
 5        When  the  sentence  is  imposed  for one of the offenses
 6    enumerated in paragraph (a)(2) of Section 3-6-3,  other  than
 7    first  degree  murder,  and  the  offense was committed on or
 8    after June 19, 1998, and when the  sentence  is  imposed  for
 9    reckless homicide as defined in subsection (e) of Section 9-3
10    of  the Criminal Code of 1961 if the offense was committed on
11    or after January 1, 1999, and when the  sentence  is  imposed
12    for aggravated arson if the offense was committed on or after
13    the effective date of this amendatory Act of the 92nd General
14    Assembly,   the   judge's   statement,   to  be  given  after
15    pronouncing the sentence, shall include the following:
16        "The purpose of this statement is to inform the public of
17    the actual period of time this defendant is likely  to  spend
18    in prison as a result of this sentence.  The actual period of
19    prison  time served is determined by the statutes of Illinois
20    as applied to this sentence by  the  Illinois  Department  of
21    Corrections  and the Illinois Prisoner Review Board.  In this
22    case, the defendant is entitled to no more than 4 1/2 days of
23    good conduct credit for each month of his or her sentence  of
24    imprisonment.   Therefore, this defendant will serve at least
25    85% of his or her sentence.  Assuming the defendant  receives
26    4  1/2 days credit for each month of his or her sentence, the
27    period of estimated actual  custody  is  ...  years  and  ...
28    months.   If  the  defendant,  because  of  his  or  her  own
29    misconduct  or  failure  to  comply  with  the  institutional
30    regulations receives lesser credit, the actual time served in
31    prison will be longer."
32        When  a  sentence  of  imprisonment  is imposed for first
33    degree murder and the offense was committed on or after  June
34    19,   1998,   the   judge's  statement,  to  be  given  after
 
                            -65-     LRB093 04416 RLC 04466 b
 1    pronouncing the sentence, shall include the following:
 2        "The purpose of this statement is to inform the public of
 3    the actual period of time this defendant is likely  to  spend
 4    in prison as a result of this sentence.  The actual period of
 5    prison  time served is determined by the statutes of Illinois
 6    as applied to this sentence by  the  Illinois  Department  of
 7    Corrections  and the Illinois Prisoner Review Board.  In this
 8    case, the defendant is not entitled to good  conduct  credit.
 9    Therefore,  this  defendant  will  serve  100%  of his or her
10    sentence."
11        (d)  When the defendant is committed to the Department of
12    Corrections, the State's Attorney shall and counsel  for  the
13    defendant may file a statement with the clerk of the court to
14    be  transmitted  to  the department, agency or institution to
15    which the defendant is committed to furnish such  department,
16    agency or institution with the facts and circumstances of the
17    offense  for which the person was committed together with all
18    other factual information accessible to them in regard to the
19    person prior  to  his  commitment  relative  to  his  habits,
20    associates,  disposition  and  reputation and any other facts
21    and circumstances which may aid such  department,  agency  or
22    institution  during  its  custody  of such person.  The clerk
23    shall within 10 days  after  receiving  any  such  statements
24    transmit a copy to such department, agency or institution and
25    a copy to the other party, provided, however, that this shall
26    not  be  cause  for  delay  in  conveying  the  person to the
27    department, agency  or  institution  to  which  he  has  been
28    committed.
29        (e)  The  clerk  of  the  court  shall  transmit  to  the
30    department,  agency  or  institution,  if  any,  to which the
31    defendant is committed, the following:
32             (1)  the sentence imposed;
33             (2)  any statement by the court  of  the  basis  for
34        imposing the sentence;
 
                            -66-     LRB093 04416 RLC 04466 b
 1             (3)  any presentence reports;
 2             (4)  the number of days, if any, which the defendant
 3        has  been  in  custody  and  for  which he is entitled to
 4        credit against the sentence, which information  shall  be
 5        provided to the clerk by the sheriff;
 6             (4.1)  any  finding of great bodily harm made by the
 7        court with respect to an offense enumerated in subsection
 8        (c-1);
 9             (5)  all statements filed under  subsection  (d)  of
10        this Section;
11             (6)  any   medical   or  mental  health  records  or
12        summaries of the defendant;
13             (7)  the  municipality  where  the  arrest  of   the
14        offender  or  the commission of the offense has occurred,
15        where such municipality has a  population  of  more  than
16        25,000 persons;
17             (8)  all  statements made and evidence offered under
18        paragraph (7) of subsection (a) of this Section; and
19             (9)  all additional matters which the court  directs
20        the clerk to transmit.
21    (Source:  P.A.  91-357,  eff.  7-29-99;  91-899, eff. 1-1-01;
22    92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)

23        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
24        Sec. 5-5-3.  Disposition.
25        (a)  Every  person  convicted  of  an  offense  shall  be
26    sentenced as provided in this Section.
27        (b)  The   following   options   shall   be   appropriate
28    dispositions, alone or in combination, for all  felonies  and
29    misdemeanors other than those identified in subsection (c) of
30    this Section:
31             (1)  A period of probation.
32             (2)  A term of periodic imprisonment.
33             (3)  A term of conditional discharge.
 
                            -67-     LRB093 04416 RLC 04466 b
 1             (4)  A term of imprisonment.
 2             (5)  An order directing the offender to clean up and
 3        repair  the  damage,  if the offender was convicted under
 4        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
 5        1961.
 6             (6)  A fine.
 7             (7)  An   order   directing  the  offender  to  make
 8        restitution to the victim under  Section  5-5-6  of  this
 9        Code.
10             (8)  A  sentence of participation in a county impact
11        incarceration program under Section 5-8-1.2 of this Code.
12        Whenever an individual is sentenced for an offense  based
13    upon  an  arrest  for  a  violation  of Section 11-501 of the
14    Illinois Vehicle Code, or a  similar  provision  of  a  local
15    ordinance,   and   the   professional  evaluation  recommends
16    remedial or rehabilitative treatment  or  education,  neither
17    the treatment nor the education shall be the sole disposition
18    and  either  or  both may be imposed only in conjunction with
19    another disposition. The court shall monitor compliance  with
20    any remedial education or treatment recommendations contained
21    in  the professional evaluation.  Programs conducting alcohol
22    or other  drug  evaluation  or  remedial  education  must  be
23    licensed  by  the  Department of Human Services.  However, if
24    the individual is not a resident of Illinois, the  court  may
25    accept  an  alcohol  or  other  drug  evaluation  or remedial
26    education  program  in  the  state   of   such   individual's
27    residence.   Programs  providing  treatment  must be licensed
28    under  existing  applicable  alcoholism  and  drug  treatment
29    licensure standards.
30        In addition to any other fine or penalty required by law,
31    any individual convicted of a violation of Section 11-501  of
32    the  Illinois  Vehicle  Code  or a similar provision of local
33    ordinance, whose  operation  of  a  motor  vehicle  while  in
34    violation  of  Section  11-501  or such ordinance proximately
 
                            -68-     LRB093 04416 RLC 04466 b
 1    caused an incident  resulting  in  an  appropriate  emergency
 2    response,  shall  be required to make restitution to a public
 3    agency for  the  costs  of  that  emergency  response.   Such
 4    restitution  shall not exceed $500 per public agency for each
 5    such emergency response.  For the purpose of this  paragraph,
 6    emergency  response  shall  mean  any  incident  requiring  a
 7    response  by: a police officer as defined under Section 1-162
 8    of the Illinois Vehicle Code; a fireman carried on the  rolls
 9    of  a regularly constituted fire department; and an ambulance
10    as defined  under  Section  4.05  of  the  Emergency  Medical
11    Services (EMS) Systems Act.
12        Neither   a  fine  nor  restitution  shall  be  the  sole
13    disposition for a felony and either or both  may  be  imposed
14    only in conjunction with another disposition.
15        (c) (1)  When a defendant is found guilty of first degree
16        murder  the  defendant  shall  be  sentenced to a term of
17        State may either seek a sentence  of  imprisonment  under
18        Section  5-8-1  of this Code, or where appropriate seek a
19        sentence of death under Section 9-1 of the Criminal  Code
20        of 1961.
21             (2)  A  period  of  probation,  a  term  of periodic
22        imprisonment  or  conditional  discharge  shall  not   be
23        imposed  for  the  following  offenses.  The  court shall
24        sentence the offender to not less than the  minimum  term
25        of  imprisonment set forth in this Code for the following
26        offenses, and may order a fine or restitution or both  in
27        conjunction with such term of imprisonment:
28                  (A)  First   degree   murder  where  the  death
29             penalty is not imposed.
30                  (B)  Attempted first degree murder.
31                  (C)  A Class X felony.
32                  (D)  A violation of Section 401.1 or 407 of the
33             Illinois Controlled Substances Act, or  a  violation
34             of  subdivision  (c)(1)  or (c)(2) of Section 401 of
 
                            -69-     LRB093 04416 RLC 04466 b
 1             that Act which relates to more than  5  grams  of  a
 2             substance  containing heroin or cocaine or an analog
 3             thereof.
 4                  (E)  A violation of Section 5.1  or  9  of  the
 5             Cannabis Control Act.
 6                  (F)  A   Class  2  or  greater  felony  if  the
 7             offender had been convicted of a Class 2 or  greater
 8             felony  within  10  years  of  the date on which the
 9             offender committed the offense for which he  or  she
10             is  being sentenced, except as otherwise provided in
11             Section 40-10 of the Alcoholism and Other Drug Abuse
12             and Dependency Act.
13                  (G)  Residential burglary, except as  otherwise
14             provided  in  Section  40-10  of  the Alcoholism and
15             Other Drug Abuse and Dependency Act.
16                  (H)  Criminal   sexual   assault,   except   as
17             otherwise  provided  in  subsection  (e)   of   this
18             Section.
19                  (I)  Aggravated battery of a senior citizen.
20                  (J)  A  forcible  felony  if  the  offense  was
21             related to the activities of an organized gang.
22                  Before  July  1, 1994, for the purposes of this
23             paragraph, "organized gang" means an association  of
24             5  or  more  persons, with an established hierarchy,
25             that  encourages  members  of  the  association   to
26             perpetrate crimes or provides support to the members
27             of the association who do commit crimes.
28                  Beginning  July  1,  1994,  for the purposes of
29             this paragraph, "organized  gang"  has  the  meaning
30             ascribed  to  it  in  Section  10  of  the  Illinois
31             Streetgang Terrorism Omnibus Prevention Act.
32                  (K)  Vehicular hijacking.
33                  (L)  A  second or subsequent conviction for the
34             offense of hate crime when  the  underlying  offense
 
                            -70-     LRB093 04416 RLC 04466 b
 1             upon  which  the  hate  crime  is  based  is  felony
 2             aggravated assault or felony mob action.
 3                  (M)  A  second or subsequent conviction for the
 4             offense of institutional vandalism if the damage  to
 5             the property exceeds $300.
 6                  (N)  A  Class  3  felony violation of paragraph
 7             (1) of subsection (a) of Section 2  of  the  Firearm
 8             Owners Identification Card Act.
 9                  (O)  A  violation  of  Section  12-6.1  of  the
10             Criminal Code of 1961.
11                  (P)  A  violation  of  paragraph (1), (2), (3),
12             (4), (5),  or  (7)  of  subsection  (a)  of  Section
13             11-20.1 of the Criminal Code of 1961.
14                  (Q)  A  violation  of  Section  20-1.2  of  the
15             Criminal Code of 1961.
16                  (R)  A   violation  of  Section  24-3A  of  the
17             Criminal Code of 1961.
18                  (S)  A violation of Section  11-501(c-1)(3)  of
19             the Illinois Vehicle Code.
20             (3)  A minimum term of imprisonment of not less than
21        5  days  or  30  days  of  community  service  as  may be
22        determined by the court shall be  imposed  for  a  second
23        violation   committed   within  5  years  of  a  previous
24        violation of Section 11-501 of the Illinois Vehicle  Code
25        or  a similar provision of a local ordinance. In the case
26        of a third or subsequent  violation  committed  within  5
27        years  of  a  previous violation of Section 11-501 of the
28        Illinois Vehicle Code or a similar provision of  a  local
29        ordinance,   a   minimum   term  of  either  10  days  of
30        imprisonment or 60 days of  community  service  shall  be
31        imposed.
32             (4)  A minimum term of imprisonment of not less than
33        10 consecutive days or 30 days of community service shall
34        be  imposed  for  a violation of paragraph (c) of Section
 
                            -71-     LRB093 04416 RLC 04466 b
 1        6-303 of the Illinois Vehicle Code.
 2             (4.1)  A minimum term  of  30  consecutive  days  of
 3        imprisonment, 40 days of 24 hour periodic imprisonment or
 4        720  hours  of community service, as may be determined by
 5        the court, shall be imposed for a  violation  of  Section
 6        11-501  of  the  Illinois Vehicle Code during a period in
 7        which the defendant's driving privileges are  revoked  or
 8        suspended,  where  the revocation or suspension was for a
 9        violation of Section 11-501 or Section 11-501.1  of  that
10        Code.
11             (4.2)  Except as provided in paragraph (4.3) of this
12        subsection  (c),  a  minimum  of  100  hours of community
13        service shall  be  imposed  for  a  second  violation  of
14        Section 6-303 of the Illinois Vehicle Code.
15             (4.3)  A  minimum term of imprisonment of 30 days or
16        300 hours of community  service,  as  determined  by  the
17        court,  shall  be  imposed  for  a  second  violation  of
18        subsection  (c)  of Section 6-303 of the Illinois Vehicle
19        Code.
20             (4.4)  Except as provided  in  paragraph  (4.5)  and
21        paragraph (4.6) of this subsection (c), a minimum term of
22        imprisonment  of  30  days  or  300  hours  of  community
23        service, as determined by the court, shall be imposed for
24        a  third  or subsequent violation of Section 6-303 of the
25        Illinois Vehicle Code.
26             (4.5)  A minimum term of  imprisonment  of  30  days
27        shall  be imposed for a third violation of subsection (c)
28        of Section 6-303 of the Illinois Vehicle Code.
29             (4.6)  A minimum term of imprisonment  of  180  days
30        shall  be imposed for a fourth or subsequent violation of
31        subsection (c) of Section 6-303 of the  Illinois  Vehicle
32        Code.
33             (5)  The court may sentence an offender convicted of
34        a business offense or a petty offense or a corporation or
 
                            -72-     LRB093 04416 RLC 04466 b
 1        unincorporated association convicted of any offense to:
 2                  (A)  a period of conditional discharge;
 3                  (B)  a fine;
 4                  (C)  make   restitution  to  the  victim  under
 5             Section 5-5-6 of this Code.
 6             (5.1)  In addition to any  penalties  imposed  under
 7        paragraph  (5)  of  this  subsection  (c),  and except as
 8        provided in paragraph (5.2) or (5.3), a person  convicted
 9        of  violating  subsection  (c)  of  Section 11-907 of the
10        Illinois Vehicle Code shall  have  his  or  her  driver's
11        license,  permit, or privileges suspended for at least 90
12        days but  not  more  than  one  year,  if  the  violation
13        resulted in damage to the property of another person.
14             (5.2)  In  addition  to  any penalties imposed under
15        paragraph (5) of  this  subsection  (c),  and  except  as
16        provided  in  paragraph  (5.3),  a  person  convicted  of
17        violating   subsection  (c)  of  Section  11-907  of  the
18        Illinois Vehicle Code shall  have  his  or  her  driver's
19        license, permit, or privileges suspended for at least 180
20        days but not more than 2 years, if the violation resulted
21        in injury to another person.
22             (5.3)  In  addition  to  any penalties imposed under
23        paragraph (5) of this subsection (c), a person  convicted
24        of  violating  subsection  (c)  of  Section 11-907 of the
25        Illinois Vehicle Code shall  have  his  or  her  driver's
26        license,  permit, or privileges suspended for 2 years, if
27        the violation resulted in the death of another person.
28             (6)  In no case shall an offender be eligible for  a
29        disposition  of  probation or conditional discharge for a
30        Class 1 felony committed while he was serving a  term  of
31        probation or conditional discharge for a felony.
32             (7)  When   a   defendant  is  adjudged  a  habitual
33        criminal under Article 33B of the Criminal Code of  1961,
34        the  court  shall  sentence  the  defendant  to a term of
 
                            -73-     LRB093 04416 RLC 04466 b
 1        natural life imprisonment.
 2             (8)  When a defendant, over the age of 21 years,  is
 3        convicted  of  a  Class 1 or Class 2 felony, after having
 4        twice been convicted in any state or federal court of  an
 5        offense that contains the same elements as an offense now
 6        classified  in  Illinois  as  a  Class 2 or greater Class
 7        felony and such charges are separately brought and  tried
 8        and arise out of different series of acts, such defendant
 9        shall  be sentenced as a Class X offender. This paragraph
10        shall not apply unless (1) the first felony was committed
11        after the effective date of this amendatory Act of  1977;
12        and  (2) the second felony was committed after conviction
13        on the first; and (3)  the  third  felony  was  committed
14        after  conviction  on the second. A person sentenced as a
15        Class X offender under this paragraph is not eligible  to
16        apply  for  treatment  as  a  condition  of  probation as
17        provided by Section 40-10 of  the  Alcoholism  and  Other
18        Drug Abuse and Dependency Act.
19             (9)  A defendant convicted of a second or subsequent
20        offense  of  ritualized abuse of a child may be sentenced
21        to a term of natural life imprisonment.
22             (10)  When  a  person  is  convicted  of   violating
23        Section  11-501 of the Illinois Vehicle Code or a similar
24        provision of a local ordinance, the  following  penalties
25        apply  when his or her blood, breath, or urine was .16 or
26        more based on the definition of blood, breath,  or  urine
27        units  in Section 11-501.2 or that person is convicted of
28        violating Section 11-501 of  the  Illinois  Vehicle  Code
29        while transporting a child under the age of 16:
30                  (A)  For a first violation of subsection (a) of
31             Section  11-501,  in  addition  to any other penalty
32             that may be imposed under subsection (c) of  Section
33             11-501:   a   mandatory  minimum  of  100  hours  of
34             community service and a minimum fine of $500.
 
                            -74-     LRB093 04416 RLC 04466 b
 1                  (B)  For a second violation of  subsection  (a)
 2             of  Section 11-501, in addition to any other penalty
 3             that may be imposed under subsection (c) of  Section
 4             11-501  within  10  years:  a mandatory minimum of 2
 5             days of imprisonment and a minimum fine of $1,250.
 6                  (C)  For a third violation of subsection (a) of
 7             Section 11-501, in addition  to  any  other  penalty
 8             that  may be imposed under subsection (c) of Section
 9             11-501 within 20 years: a mandatory  minimum  of  90
10             days of imprisonment and a minimum fine of $2,500.
11                  (D)  For  a  fourth  or subsequent violation of
12             subsection (a) of Section 11-501: ineligibility  for
13             a sentence of probation or conditional discharge and
14             a minimum fine of $2,500.
15        (d)  In  any  case in which a sentence originally imposed
16    is vacated, the case shall be remanded to  the  trial  court.
17    The  trial  court shall hold a hearing under Section 5-4-1 of
18    the Unified Code of Corrections which may include evidence of
19    the defendant's life, moral character and  occupation  during
20    the  time  since the original sentence was passed.  The trial
21    court shall then impose sentence  upon  the  defendant.   The
22    trial  court  may  impose  any sentence which could have been
23    imposed at the original trial subject to Section 5-5-4 of the
24    Unified Code of Corrections. If  a  sentence  is  vacated  on
25    appeal  or  on  collateral  attack  due to the failure of the
26    trier of fact at trial to determine beyond a reasonable doubt
27    the existence of a  fact  (other  than  a  prior  conviction)
28    necessary  to  increase the punishment for the offense beyond
29    the  statutory  maximum  otherwise  applicable,  either   the
30    defendant  may  be  re-sentenced  to  a term within the range
31    otherwise provided or, if  the  State  files  notice  of  its
32    intention  to again seek the extended sentence, the defendant
33    shall be afforded a new trial.
34        (e)  In  cases  where  prosecution  for  criminal  sexual
 
                            -75-     LRB093 04416 RLC 04466 b
 1    assault or aggravated criminal  sexual  abuse  under  Section
 2    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
 3    conviction of a defendant who was  a  family  member  of  the
 4    victim  at  the  time  of  the commission of the offense, the
 5    court shall consider the safety and welfare of the victim and
 6    may impose a sentence of probation only where:
 7             (1)  the  court  finds  (A)  or  (B)  or  both   are
 8        appropriate:
 9                  (A)  the  defendant  is  willing  to  undergo a
10             court approved  counseling  program  for  a  minimum
11             duration of 2 years; or
12                  (B)  the defendant is willing to participate in
13             a  court  approved plan including but not limited to
14             the defendant's:
15                       (i)  removal from the household;
16                       (ii)  restricted contact with the victim;
17                       (iii)  continued financial support of  the
18                  family;
19                       (iv)  restitution  for  harm  done  to the
20                  victim; and
21                       (v)  compliance with  any  other  measures
22                  that the court may deem appropriate; and
23             (2)  the  court  orders the defendant to pay for the
24        victim's counseling services,  to  the  extent  that  the
25        court finds, after considering the defendant's income and
26        assets,  that  the  defendant  is  financially capable of
27        paying for such services, if  the  victim  was  under  18
28        years  of  age  at the time the offense was committed and
29        requires counseling as a result of the offense.
30        Probation may be revoked or modified pursuant to  Section
31    5-6-4;  except where the court determines at the hearing that
32    the defendant violated a condition of his  or  her  probation
33    restricting  contact  with the victim or other family members
34    or commits another offense with the victim  or  other  family
 
                            -76-     LRB093 04416 RLC 04466 b
 1    members, the court shall revoke the defendant's probation and
 2    impose a term of imprisonment.
 3        For  the  purposes  of  this Section, "family member" and
 4    "victim" shall have the meanings ascribed to them in  Section
 5    12-12 of the Criminal Code of 1961.
 6        (f)  This  Article  shall  not  deprive  a court in other
 7    proceedings to order a forfeiture of property, to suspend  or
 8    cancel  a  license,  to  remove  a  person from office, or to
 9    impose any other civil penalty.
10        (g)  Whenever a defendant  is  convicted  of  an  offense
11    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
12    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
13    12-15  or  12-16  of the Criminal Code of 1961, the defendant
14    shall  undergo  medical  testing  to  determine  whether  the
15    defendant has any sexually transmissible disease, including a
16    test for infection with human immunodeficiency virus (HIV) or
17    any   other   identified   causative   agent   of    acquired
18    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
19    shall be performed only  by  appropriately  licensed  medical
20    practitioners  and  may  include  an  analysis  of any bodily
21    fluids as well as an examination of the  defendant's  person.
22    Except as otherwise provided by law, the results of such test
23    shall  be kept strictly confidential by all medical personnel
24    involved in the testing and must be personally delivered in a
25    sealed envelope to the  judge  of  the  court  in  which  the
26    conviction  was entered for the judge's inspection in camera.
27    Acting in accordance with the best interests  of  the  victim
28    and  the  public,  the  judge  shall  have  the discretion to
29    determine to whom, if anyone, the results of the testing  may
30    be revealed. The court shall notify the defendant of the test
31    results.  The court shall also notify the victim if requested
32    by  the  victim, and if the victim is under the age of 15 and
33    if requested by the victim's parents or legal  guardian,  the
34    court  shall notify the victim's parents or legal guardian of
 
                            -77-     LRB093 04416 RLC 04466 b
 1    the test results.  The court shall provide information on the
 2    availability of HIV testing and counseling at  Department  of
 3    Public  Health  facilities to all parties to whom the results
 4    of the testing are revealed  and  shall  direct  the  State's
 5    Attorney  to  provide  the  information  to  the  victim when
 6    possible. A State's Attorney may petition the court to obtain
 7    the results of any HIV test administered under this  Section,
 8    and  the  court  shall  grant  the  disclosure if the State's
 9    Attorney shows it is relevant in order to prosecute a  charge
10    of  criminal transmission of HIV under Section 12-16.2 of the
11    Criminal Code of 1961 against the defendant.  The court shall
12    order that the cost of any such test shall  be  paid  by  the
13    county  and  may  be  taxed  as  costs  against the convicted
14    defendant.
15        (g-5)  When  an  inmate  is  tested   for   an   airborne
16    communicable   disease,   as   determined   by  the  Illinois
17    Department of Public Health  including  but  not  limited  to
18    tuberculosis,  the  results  of  the test shall be personally
19    delivered by the warden or his or her designee  in  a  sealed
20    envelope  to  the judge of the court in which the inmate must
21    appear for the judge's inspection in camera if  requested  by
22    the  judge.   Acting in accordance with the best interests of
23    those in the courtroom, the judge shall have  the  discretion
24    to  determine  what  if  any  precautions need to be taken to
25    prevent transmission of the disease in the courtroom.
26        (h)  Whenever a defendant  is  convicted  of  an  offense
27    under  Section  1 or 2 of the Hypodermic Syringes and Needles
28    Act, the defendant shall undergo medical testing to determine
29    whether   the   defendant   has   been   exposed   to   human
30    immunodeficiency  virus  (HIV)  or   any   other   identified
31    causative agent of acquired immunodeficiency syndrome (AIDS).
32    Except as otherwise provided by law, the results of such test
33    shall  be kept strictly confidential by all medical personnel
34    involved in the testing and must be personally delivered in a
 
                            -78-     LRB093 04416 RLC 04466 b
 1    sealed envelope to the  judge  of  the  court  in  which  the
 2    conviction  was entered for the judge's inspection in camera.
 3    Acting in accordance with the best interests of  the  public,
 4    the  judge shall have the discretion to determine to whom, if
 5    anyone, the results of the testing may be revealed. The court
 6    shall notify the defendant of  a  positive  test  showing  an
 7    infection  with  the  human immunodeficiency virus (HIV). The
 8    court shall provide information on the  availability  of  HIV
 9    testing   and  counseling  at  Department  of  Public  Health
10    facilities to all parties to whom the results of the  testing
11    are revealed and shall direct the State's Attorney to provide
12    the  information  to  the  victim  when  possible.  A State's
13    Attorney may petition the court to obtain the results of  any
14    HIV  test  administered  under  this   Section, and the court
15    shall grant the disclosure if the State's Attorney  shows  it
16    is  relevant  in  order  to  prosecute  a  charge of criminal
17    transmission of HIV under Section  12-16.2  of  the  Criminal
18    Code  of  1961  against  the defendant. The court shall order
19    that the cost of any such test shall be paid  by  the  county
20    and may be taxed as costs against the convicted defendant.
21        (i)  All  fines  and penalties imposed under this Section
22    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
23    Vehicle Code, or a similar provision of  a  local  ordinance,
24    and any violation of the Child Passenger Protection Act, or a
25    similar  provision  of  a local ordinance, shall be collected
26    and disbursed by the circuit clerk as provided under  Section
27    27.5 of the Clerks of Courts Act.
28        (j)  In  cases  when  prosecution  for  any  violation of
29    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
30    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
31    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
32    12-16  of  the  Criminal  Code  of 1961, any violation of the
33    Illinois Controlled Substances Act, or any violation  of  the
34    Cannabis  Control Act results in conviction, a disposition of
 
                            -79-     LRB093 04416 RLC 04466 b
 1    court supervision, or an order  of  probation  granted  under
 2    Section  10 of the Cannabis Control Act or Section 410 of the
 3    Illinois Controlled Substance Act of a defendant,  the  court
 4    shall  determine  whether  the  defendant  is  employed  by a
 5    facility or center as defined under the  Child  Care  Act  of
 6    1969,  a public or private elementary or secondary school, or
 7    otherwise works with children under 18  years  of  age  on  a
 8    daily  basis.   When  a  defendant  is so employed, the court
 9    shall order the Clerk of the Court to  send  a  copy  of  the
10    judgment  of  conviction or order of supervision or probation
11    to  the  defendant's  employer  by  certified  mail.  If  the
12    employer of the defendant is a school, the Clerk of the Court
13    shall direct the  mailing  of  a  copy  of  the  judgment  of
14    conviction  or  order  of  supervision  or  probation  to the
15    appropriate regional superintendent of schools.  The regional
16    superintendent of schools shall notify  the  State  Board  of
17    Education of any notification under this subsection.
18        (j-5)  A  defendant  at  least  17  years  of  age who is
19    convicted of  a  felony  and  who  has  not  been  previously
20    convicted  of a misdemeanor or felony and who is sentenced to
21    a  term  of  imprisonment  in  the  Illinois  Department   of
22    Corrections  shall  as  a condition of his or her sentence be
23    required by the court to attend educational courses  designed
24    to  prepare  the  defendant  for a high school diploma and to
25    work toward a high school diploma or to work  toward  passing
26    the high school level Test of General Educational Development
27    (GED)  or  to  work  toward  completing a vocational training
28    program offered by  the  Department  of  Corrections.   If  a
29    defendant fails to complete the educational training required
30    by  his or her sentence during the term of incarceration, the
31    Prisoner Review Board shall,  as  a  condition  of  mandatory
32    supervised  release, require the defendant, at his or her own
33    expense, to pursue a course of study  toward  a  high  school
34    diploma  or  passage  of  the  GED test.  The Prisoner Review
 
                            -80-     LRB093 04416 RLC 04466 b
 1    Board shall revoke the  mandatory  supervised  release  of  a
 2    defendant  who  wilfully fails to comply with this subsection
 3    (j-5) upon his or her release from  confinement  in  a  penal
 4    institution  while  serving  a  mandatory  supervised release
 5    term; however, the inability of the defendant after making  a
 6    good  faith  effort  to  obtain  financial aid or pay for the
 7    educational training shall not be deemed a wilful failure  to
 8    comply.    The  Prisoner  Review  Board  shall  recommit  the
 9    defendant whose mandatory supervised release  term  has  been
10    revoked  under  this  subsection (j-5) as provided in Section
11    3-3-9.  This subsection (j-5) does not apply to  a  defendant
12    who  has a high school diploma or has successfully passed the
13    GED test. This subsection (j-5) does not apply to a defendant
14    who is determined by the court to be developmentally disabled
15    or otherwise mentally incapable of completing the educational
16    or vocational program.
17        (k)  A court may not impose a sentence or disposition for
18    a felony or misdemeanor that requires  the  defendant  to  be
19    implanted  or  injected  with  or  to  use  any form of birth
20    control.
21        (l) (A)  Except  as  provided   in   paragraph   (C)   of
22        subsection  (l), whenever a defendant, who is an alien as
23        defined  by  the  Immigration  and  Nationality  Act,  is
24        convicted of any felony or misdemeanor offense, the court
25        after sentencing the defendant may, upon  motion  of  the
26        State's  Attorney,  hold  sentence in abeyance and remand
27        the defendant to the custody of the Attorney  General  of
28        the  United  States  or his or her designated agent to be
29        deported when:
30                  (1)  a final  order  of  deportation  has  been
31             issued against the defendant pursuant to proceedings
32             under the Immigration and Nationality Act, and
33                  (2)  the deportation of the defendant would not
34             deprecate the seriousness of the defendant's conduct
 
                            -81-     LRB093 04416 RLC 04466 b
 1             and  would  not  be  inconsistent  with  the ends of
 2             justice.
 3             Otherwise,  the  defendant  shall  be  sentenced  as
 4        provided in this Chapter V.
 5             (B)  If the defendant has already been sentenced for
 6        a felony or misdemeanor offense, or has  been  placed  on
 7        probation under Section 10 of the Cannabis Control Act or
 8        Section  410  of  the Illinois Controlled Substances Act,
 9        the court may, upon motion of  the  State's  Attorney  to
10        suspend the sentence imposed, commit the defendant to the
11        custody  of  the Attorney General of the United States or
12        his or her designated agent when:
13                  (1)  a final  order  of  deportation  has  been
14             issued against the defendant pursuant to proceedings
15             under the Immigration and Nationality Act, and
16                  (2)  the deportation of the defendant would not
17             deprecate the seriousness of the defendant's conduct
18             and  would  not  be  inconsistent  with  the ends of
19             justice.
20             (C)  This subsection (l) does not apply to offenders
21        who are subject to the provisions  of  paragraph  (2)  of
22        subsection (a) of Section 3-6-3.
23             (D)  Upon  motion  of  the  State's  Attorney,  if a
24        defendant sentenced under this  Section  returns  to  the
25        jurisdiction of the United States, the defendant shall be
26        recommitted to the custody of the county from which he or
27        she  was  sentenced.  Thereafter,  the defendant shall be
28        brought before the sentencing court, which may impose any
29        sentence that was available under Section  5-5-3  at  the
30        time  of  initial sentencing.  In addition, the defendant
31        shall not be eligible for additional good conduct  credit
32        for meritorious service as provided under Section 3-6-6.
33        (m)  A   person   convicted  of  criminal  defacement  of
34    property under Section 21-1.3 of the Criminal Code  of  1961,
 
                            -82-     LRB093 04416 RLC 04466 b
 1    in  which  the  property damage exceeds $300 and the property
 2    damaged is a school building, shall  be  ordered  to  perform
 3    community  service  that  may  include  cleanup,  removal, or
 4    painting over the defacement.
 5    (Source: P.A. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
 6    91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
 7    2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
 8    eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
 9    92-422, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-698,  eff.
10    7-19-02.)

11        (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
12        Sec. 5-8-1. Sentence of Imprisonment for Felony.
13        (a)  Except as otherwise provided in the statute defining
14    the offense, a sentence of imprisonment for a felony shall be
15    a  determinate  sentence set by the court under this Section,
16    according to the following limitations:
17             (1)  for first degree murder,
18                  (a)  a term shall be not less than 20 years and
19             not more than 60 years, or
20                  (b)  if  a  trier  of  fact  finds   beyond   a
21             reasonable  doubt that the murder was accompanied by
22             exceptionally brutal or heinous behavior  indicative
23             of  wanton  cruelty  or,  except  as  set  forth  in
24             subsection  (a)(1)(c)  of  this Section, that any of
25             the aggravating factors listed in subsection (b)  of
26             Section  9-1  of  the  Criminal  Code  of  1961  are
27             present,  the  court may sentence the defendant to a
28             term of natural life imprisonment, or
29                  (b-5)  a defendant who has  been  sentenced  to
30             death  before  the effective date of this amendatory
31             Act of the 93rd General Assembly shall be  sentenced
32             as provided in this Chapter V, or
33                  (c)  the  court shall sentence the defendant to
 
                            -83-     LRB093 04416 RLC 04466 b
 1             a term of natural life imprisonment when  the  death
 2             penalty is not imposed if the defendant,
 3                       (i)  has   previously  been  convicted  of
 4                  first degree murder under any state or  federal
 5                  law, or
 6                       (ii)  is  a person who, at the time of the
 7                  commission of the murder, had attained the  age
 8                  of  17 or more and is found guilty of murdering
 9                  an  individual  under  12  years  of  age;  or,
10                  irrespective of the defendant's age at the time
11                  of the commission  of  the  offense,  is  found
12                  guilty of murdering more than one victim, or
13                       (iii)  is  found  guilty  of  murdering  a
14                  peace officer or fireman when the peace officer
15                  or   fireman   was  killed  in  the  course  of
16                  performing his official duties, or  to  prevent
17                  the  peace  officer  or fireman from performing
18                  his official duties, or in retaliation for  the
19                  peace   officer   or   fireman  performing  his
20                  official duties,  and  the  defendant  knew  or
21                  should  have known that the murdered individual
22                  was a peace officer or fireman, or
23                       (iv)  is  found  guilty  of  murdering  an
24                  employee of an institution or facility  of  the
25                  Department of Corrections, or any similar local
26                  correctional  agency,  when  the  employee  was
27                  killed in the course of performing his official
28                  duties,   or   to  prevent  the  employee  from
29                  performing   his   official   duties,   or   in
30                  retaliation for  the  employee  performing  his
31                  official duties, or
32                       (v)  is   found  guilty  of  murdering  an
33                  emergency  medical  technician   -   ambulance,
34                  emergency  medical  technician  - intermediate,
 
                            -84-     LRB093 04416 RLC 04466 b
 1                  emergency  medical  technician   -   paramedic,
 2                  ambulance driver or other medical assistance or
 3                  first   aid   person   while   employed   by  a
 4                  municipality or other  governmental  unit  when
 5                  the   person   was  killed  in  the  course  of
 6                  performing official duties or  to  prevent  the
 7                  person  from  performing  official duties or in
 8                  retaliation for performing official duties  and
 9                  the  defendant  knew  or should have known that
10                  the  murdered  individual  was   an   emergency
11                  medical   technician   -  ambulance,  emergency
12                  medical technician  -  intermediate,  emergency
13                  medical   technician   -  paramedic,  ambulance
14                  driver, or other medical assistant or first aid
15                  personnel, or
16                       (vi)  is a person who, at the time of  the
17                  commission  of the murder, had not attained the
18                  age of 17, and is found guilty of  murdering  a
19                  person  under 12 years of age and the murder is
20                  committed  during  the  course  of   aggravated
21                  criminal   sexual   assault,   criminal  sexual
22                  assault, or aggravated kidnaping, or
23                       (vii)  is found  guilty  of  first  degree
24                  murder  and  the murder was committed by reason
25                  of  any  person's  activity  as   a   community
26                  policing  volunteer  or  to  prevent any person
27                  from  engaging  in  activity  as  a   community
28                  policing  volunteer.   For  the purpose of this
29                  Section, "community policing volunteer" has the
30                  meaning ascribed to it in Section 2-3.5 of  the
31                  Criminal Code of 1961.
32                  For  purposes of clause (v), "emergency medical
33             technician   -   ambulance",   "emergency    medical
34             technician   -   intermediate",  "emergency  medical
 
                            -85-     LRB093 04416 RLC 04466 b
 1             technician - paramedic", have the meanings  ascribed
 2             to  them  in  the  Emergency  Medical Services (EMS)
 3             Systems Act.
 4                  (d) (i)  if the person  committed  the  offense
 5                  while  armed  with a firearm, 15 years shall be
 6                  added to the term of  imprisonment  imposed  by
 7                  the court;
 8                       (ii)  if,  during  the  commission  of the
 9                  offense, the  person  personally  discharged  a
10                  firearm, 20 years shall be added to the term of
11                  imprisonment imposed by the court;
12                       (iii)  if,  during  the  commission of the
13                  offense, the  person  personally  discharged  a
14                  firearm  that  proximately  caused great bodily
15                  harm,    permanent    disability,     permanent
16                  disfigurement,  or  death to another person, 25
17                  years or up to a term of natural life shall  be
18                  added  to  the  term of imprisonment imposed by
19                  the court.
20             (1.5)  for second degree murder, a term shall be not
21        less than 4 years and not more than 20 years;
22             (2)  for a person adjudged a habitual criminal under
23        Article 33B of the Criminal Code of 1961, as amended, the
24        sentence shall be a term of natural life imprisonment;
25             (2.5)  for   a   person    convicted    under    the
26        circumstances  described  in  paragraph (3) of subsection
27        (b) of Section 12-13, paragraph (2) of subsection (d)  of
28        Section  12-14,  paragraph  (1.2)  of  subsection  (b) of
29        Section 12-14.1, or paragraph (2) of  subsection  (b)  of
30        Section  12-14.1  of  the  Criminal  Code  of  1961,  the
31        sentence shall be a term of natural life imprisonment;
32             (3)  except  as  otherwise  provided  in the statute
33        defining the offense, for a Class X felony, the  sentence
34        shall  be  not  less  than  6  years and not more than 30
 
                            -86-     LRB093 04416 RLC 04466 b
 1        years;
 2             (4)  for a Class 1 felony, other than second  degree
 3        murder,  the  sentence shall be not less than 4 years and
 4        not more than 15 years;
 5             (5)  for a Class 2 felony, the sentence shall be not
 6        less than 3 years and not more than 7 years;
 7             (6)  for a Class 3 felony, the sentence shall be not
 8        less than 2 years and not more than 5 years;
 9             (7)  for a Class 4 felony, the sentence shall be not
10        less than 1 year and not more than 3 years.
11        (b)  The sentencing judge in each felony conviction shall
12    set forth his reasons for imposing the particular sentence he
13    enters in the case, as provided  in  Section  5-4-1  of  this
14    Code.    Those   reasons   may   include  any  mitigating  or
15    aggravating factors specified in this Code, or  the  lack  of
16    any  such circumstances, as well as any other such factors as
17    the judge shall set forth on the record that  are  consistent
18    with  the  purposes  and  principles of sentencing set out in
19    this Code.
20        (c)  A motion to reduce a sentence may be  made,  or  the
21    court  may  reduce  a sentence without motion, within 30 days
22    after the sentence is imposed.  A  defendant's  challenge  to
23    the  correctness  of  a  sentence  or  to  any  aspect of the
24    sentencing hearing shall be made by a  written  motion  filed
25    within   30   days  following  the  imposition  of  sentence.
26    However, the court may not increase a  sentence  once  it  is
27    imposed.
28        If  a  motion filed pursuant to this subsection is timely
29    filed within 30 days  after  the  sentence  is  imposed,  the
30    proponent  of  the  motion  shall  exercise  due diligence in
31    seeking a determination on the motion  and  the  court  shall
32    thereafter decide such motion within a reasonable time.
33        If  a  motion filed pursuant to this subsection is timely
34    filed within 30 days after the sentence is imposed, then  for
 
                            -87-     LRB093 04416 RLC 04466 b
 1    purposes  of perfecting an appeal, a final judgment shall not
 2    be considered to have been entered until the motion to reduce
 3    a sentence has been decided by order  entered  by  the  trial
 4    court.
 5        A  motion  filed pursuant to this subsection shall not be
 6    considered to have been timely filed unless it is filed  with
 7    the  circuit court clerk within 30 days after the sentence is
 8    imposed together with a notice of  motion,  which  notice  of
 9    motion shall set the motion on the court's calendar on a date
10    certain within a reasonable time after the date of filing.
11        (d)  Except  where  a  term  of  natural life is imposed,
12    every sentence shall include as though written therein a term
13    in addition to the term of imprisonment. For those  sentenced
14    under  the law in effect prior to February 1, 1978, such term
15    shall be identified as a parole term.  For those sentenced on
16    or after February 1, 1978, such term shall be identified as a
17    mandatory  supervised  release  term.   Subject  to   earlier
18    termination  under  Section  3-3-8,  the  parole or mandatory
19    supervised release term shall be as follows:
20             (1)  for first degree murder or a Class X felony,  3
21        years;
22             (2)  for  a  Class  1  felony or a Class 2 felony, 2
23        years;
24             (3)  for a Class 3 felony or a  Class  4  felony,  1
25        year;
26             (4)  if  the  victim is under 18 years of age, for a
27        second or subsequent offense of criminal  sexual  assault
28        or  aggravated criminal sexual assault, 5 years, at least
29        the first 2 years of which the defendant shall  serve  in
30        an  electronic home detention program under Article 8A of
31        Chapter V of this Code;
32             (5)  if the victim is under 18 years of age,  for  a
33        second  or  subsequent  offense  of  aggravated  criminal
34        sexual abuse or felony criminal sexual abuse, 4 years, at
 
                            -88-     LRB093 04416 RLC 04466 b
 1        least  the  first  2  years  of which the defendant shall
 2        serve in  an  electronic  home  detention  program  under
 3        Article 8A of Chapter V of this Code.
 4        (e)  A   defendant  who  has  a  previous  and  unexpired
 5    sentence of imprisonment imposed by another state or  by  any
 6    district  court  of the United States and who, after sentence
 7    for a crime in Illinois, must return to serve  the  unexpired
 8    prior  sentence  may  have his sentence by the Illinois court
 9    ordered to be concurrent with the prior sentence in the other
10    state. The court may  order  that  any  time  served  on  the
11    unexpired  portion  of the sentence in the other state, prior
12    to his return to Illinois, shall be credited on his  Illinois
13    sentence.  The  other state shall be furnished with a copy of
14    the order imposing sentence which shall  provide  that,  when
15    the offender is released from confinement of the other state,
16    whether by parole or by termination of sentence, the offender
17    shall  be transferred by the Sheriff of the committing county
18    to the Illinois Department of Corrections.  The  court  shall
19    cause  the  Department  of Corrections to be notified of such
20    sentence at the time of commitment and to  be  provided  with
21    copies of all records regarding the sentence.
22        (f)  A   defendant  who  has  a  previous  and  unexpired
23    sentence of imprisonment imposed by an Illinois circuit court
24    for a crime in this State and who is  subsequently  sentenced
25    to a term of imprisonment by another state or by any district
26    court  of  the  United  States  and  who has served a term of
27    imprisonment imposed by the other state or district court  of
28    the  United  States,  and must  return to serve the unexpired
29    prior sentence imposed by  the  Illinois  Circuit  Court  may
30    apply  to  the  court  which  imposed  sentence  to  have his
31    sentence reduced.
32        The circuit court may order that any time served  on  the
33    sentence  imposed by the other state or district court of the
34    United States be credited  on  his  Illinois  sentence.  Such
 
                            -89-     LRB093 04416 RLC 04466 b
 1    application   for    reduction   of  a  sentence  under  this
 2    subsection (f)  shall  be  made  within  30  days  after  the
 3    defendant  has  completed  the  sentence imposed by the other
 4    state or district court of the United States.
 5    (Source: P.A.  91-279,  eff.  1-1-00;  91-404,  eff.  1-1-00;
 6    91-953, eff. 2-23-01; 92-16, eff. 6-28-01.)

 7        (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
 8        Sec.  5-8-4.  Concurrent   and   Consecutive   Terms   of
 9    Imprisonment.
10        (a)  When  multiple sentences of imprisonment are imposed
11    on  a  defendant  at  the  same  time,  or  when  a  term  of
12    imprisonment is imposed on a defendant who is already subject
13    to sentence in this State or  in  another  state,  or  for  a
14    sentence  imposed by any district court of the United States,
15    the sentences shall  run  concurrently  or  consecutively  as
16    determined  by  the  court.  When  a  term of imprisonment is
17    imposed on a defendant by an Illinois circuit court  and  the
18    defendant is subsequently sentenced to a term of imprisonment
19    by another state or by a district court of the United States,
20    the  Illinois  circuit  court  which imposed the sentence may
21    order that the Illinois sentence be made concurrent with  the
22    sentence  imposed by the other state or district court of the
23    United States. The defendant must apply to the circuit  court
24    within  30 days after the defendant's sentence imposed by the
25    other state or district of the United  States  is  finalized.
26    The court shall not impose consecutive sentences for offenses
27    which  were  committed  as part of a single course of conduct
28    during which there was no substantial change in the nature of
29    the criminal objective, unless:
30             (i)  one of the offenses  for  which  defendant  was
31        convicted was first degree murder or a Class X or Class 1
32        felony  and the defendant inflicted severe bodily injury,
33        or
 
                            -90-     LRB093 04416 RLC 04466 b
 1             (ii)  the defendant was convicted of a violation  of
 2        Section  12-13, 12-14, or 12-14.1 of the Criminal Code of
 3        1961, or
 4             (iii)  the defendant was convicted of armed violence
 5        based upon  the  predicate  offense  of  solicitation  of
 6        murder, solicitation of murder for hire, heinous battery,
 7        aggravated  battery  of a senior citizen, criminal sexual
 8        assault, a violation of subsection (g) of  Section  5  of
 9        the   Cannabis   Control  Act,  cannabis  trafficking,  a
10        violation  of  subsection  (a)  of  Section  401  of  the
11        Illinois Controlled Substances Act, controlled  substance
12        trafficking   involving   a  Class  X  felony  amount  of
13        controlled substance under Section 401  of  the  Illinois
14        Controlled   Substances  Act,  calculated  criminal  drug
15        conspiracy, or streetgang criminal drug conspiracy, or
16             (iv)  the defendant was convicted of the offense  of
17        leaving  the  scene of a motor vehicle accident involving
18        death or  personal  injuries  under  Section  11-401  and
19        either:  (A)  aggravated  driving  under the influence of
20        alcohol, other drug or drugs, or intoxicating compound or
21        compounds,  or  any  combination  thereof  under  Section
22        11-501 of the Illinois  Vehicle  Code,  or  (B)  reckless
23        homicide  under Section 9-3 of the Criminal Code of 1961,
24        or both an offense described in subdivision  (A)  and  an
25        offense described in subdivision (B),
26    in  which  event  the  court  shall  enter  sentences  to run
27    consecutively.  Sentences  shall  run   concurrently   unless
28    otherwise specified by the court.
29        (b)  The  court  shall  not impose a consecutive sentence
30    except as provided  for  in  subsection  (a)  unless,  having
31    regard to the nature and circumstances of the offense and the
32    history  and character of the defendant, it is of the opinion
33    that such a term is  required  to  protect  the  public  from
34    further  criminal  conduct  by  the  defendant, the basis for
 
                            -91-     LRB093 04416 RLC 04466 b
 1    which the court shall set forth in the record; except that no
 2    such finding or opinion is required when  multiple  sentences
 3    of  imprisonment are imposed on a defendant for offenses that
 4    were not committed as part of  a  single  course  of  conduct
 5    during which there was no substantial change in the nature of
 6    the criminal objective, and one of the offenses for which the
 7    defendant  was convicted was first degree murder or a Class X
 8    or Class 1 felony and the defendant inflicted  severe  bodily
 9    injury, or when the defendant was convicted of a violation of
10    Section  12-13,  12-14,  or  12-14.1  of the Criminal Code of
11    1961, or where the defendant was convicted of armed  violence
12    based  upon  the predicate offense of solicitation of murder,
13    solicitation of murder for hire, heinous battery,  aggravated
14    battery  of  a  senior  citizen,  criminal  sexual assault, a
15    violation of subsection (g) of  Section  5  of  the  Cannabis
16    Control  Act, cannabis trafficking, a violation of subsection
17    (a) of Section 401 of the Illinois Controlled Substances Act,
18    controlled substance trafficking involving a Class  X  felony
19    amount  of  controlled  substance  under  Section  401 of the
20    Illinois Controlled Substances Act, calculated criminal  drug
21    conspiracy,  or  streetgang  criminal drug conspiracy, or the
22    defendant was convicted of the offense of leaving  the  scene
23    of  a  motor  vehicle  accident  involving  death or personal
24    injuries under Section  11-401  and  either:  (A)  aggravated
25    driving  under the influence of alcohol, other drug or drugs,
26    or intoxicating compound or  compounds,  or  any  combination
27    thereof under Section 11-501 of the Illinois Vehicle Code, or
28    (B)  reckless homicide under Section 9-3 of the Criminal Code
29    of 1961, or both an offense described in subdivision (A)  and
30    an  offense  described in subdivision (B), in which event the
31    Court shall enter sentences to run consecutively.
32        (c) (1)  For sentences imposed under law in effect  prior
33        to  February 1, 1978 the aggregate maximum of consecutive
34        sentences shall not exceed the  maximum  term  authorized
 
                            -92-     LRB093 04416 RLC 04466 b
 1        under  Section  5-8-1  for  the  2  most serious felonies
 2        involved.  The aggregate minimum  period  of  consecutive
 3        sentences  shall  not  exceed  the  highest  minimum term
 4        authorized under Section 5-8-1 for  the  2  most  serious
 5        felonies  involved. When sentenced only for misdemeanors,
 6        a defendant shall not be consecutively sentenced to  more
 7        than the maximum for one Class A misdemeanor.
 8             (2)  For  sentences  imposed under the law in effect
 9        on  or  after  February  1,  1978,   the   aggregate   of
10        consecutive sentences for offenses that were committed as
11        part of a single course of conduct during which there was
12        no  substantial  change  in  the  nature  of the criminal
13        objective shall not exceed the sum of the  maximum  terms
14        authorized  under  Section  5-8-2  for the 2 most serious
15        felonies involved, but no such limitation shall apply for
16        offenses that were not committed  as  part  of  a  single
17        course  of  conduct during which there was no substantial
18        change in the nature  of  the  criminal  objective.  When
19        sentenced only for misdemeanors, a defendant shall not be
20        consecutively  sentenced to more than the maximum for one
21        Class A misdemeanor.
22        (d)  An offender serving a sentence for a misdemeanor who
23    is convicted of a felony and sentenced to imprisonment  shall
24    be  transferred  to  the  Department  of Corrections, and the
25    misdemeanor sentence shall be merged in and run  concurrently
26    with the felony sentence.
27        (e)  In  determining  the  manner  in  which  consecutive
28    sentences  of  imprisonment,  one  or  more of which is for a
29    felony, will be served, the Department of  Corrections  shall
30    treat  the  offender  as  though  he had been committed for a
31    single term with the following incidents:
32             (1)  the maximum period of a  term  of  imprisonment
33        shall  consist  of  the  aggregate of the maximums of the
34        imposed indeterminate terms, if any, plus  the  aggregate
 
                            -93-     LRB093 04416 RLC 04466 b
 1        of  the  imposed  determinate sentences for felonies plus
 2        the aggregate of the imposed  determinate  sentences  for
 3        misdemeanors subject to paragraph (c) of this Section;
 4             (2)  the parole or mandatory supervised release term
 5        shall be as provided in paragraph (e) of Section 5-8-1 of
 6        this Code for the most serious of the offenses involved;
 7             (3)  the minimum period of imprisonment shall be the
 8        aggregate  of  the  minimum  and  determinate  periods of
 9        imprisonment imposed by the court, subject  to  paragraph
10        (c) of this Section; and
11             (4)  the  offender  shall  be awarded credit against
12        the aggregate maximum term and the aggregate minimum term
13        of imprisonment for all time  served  in  an  institution
14        since  the commission of the offense or offenses and as a
15        consequence thereof at  the  rate  specified  in  Section
16        3-6-3 of this Code.
17        (f)  A   sentence   of   an  offender  committed  to  the
18    Department of Corrections at the time of  the  commission  of
19    the offense shall be served consecutive to the sentence under
20    which  he  is held by the Department of Corrections. However,
21    in case such offender shall be  sentenced  to  punishment  by
22    death,  the  sentence  shall  be executed at such time as the
23    court may fix without regard to the sentence under which such
24    offender may be held by the Department.
25        (g)  A  sentence  under  Section  3-6-4  for  escape   or
26    attempted  escape  shall  be  served consecutive to the terms
27    under which  the  offender  is  held  by  the  Department  of
28    Corrections.
29        (h)  If a person charged with a felony commits a separate
30    felony while on pre-trial release or in pretrial detention in
31    a  county  jail  facility  or  county detention facility, the
32    sentences imposed upon conviction of these felonies shall  be
33    served  consecutively  regardless  of  the order in which the
34    judgments of conviction are entered.
 
                            -94-     LRB093 04416 RLC 04466 b
 1        (i)  If a person admitted to bail following conviction of
 2    a felony commits a separate felony while free on bond or if a
 3    person detained in a county jail facility or county detention
 4    facility following conviction of a felony commits a  separate
 5    felony  while in detention, any sentence following conviction
 6    of the separate felony shall be consecutive to  that  of  the
 7    original  sentence  for  which  the  defendant was on bond or
 8    detained.
 9    (Source: P.A.  91-144,  eff.  1-1-00;  91-404,  eff.  1-1-00;
10    92-16, eff. 6-28-01; 92-674, eff. 1-1-03.)

11        (730 ILCS 5/5-8-5) (from Ch. 38, par. 1005-8-5)
12        Sec.  5-8-5.   Commitment of the Offender. Upon rendition
13    of judgment after pronouncement of  a  sentence  of  periodic
14    imprisonment  or,  imprisonment,  or  death,  the court shall
15    commit the offender to the custody of the sheriff or  to  the
16    Department  of  Corrections.  A sheriff in executing an order
17    for commitment to the Department of Corrections shall  convey
18    such  offender to the nearest receiving station designated by
19    the Department of  Corrections.  The  court  may  commit  the
20    offender to the custody of the Attorney General of the United
21    States  under  Section  5-8-6  when  a  sentence  for a State
22    offense provides that such sentence is  to  run  concurrently
23    with  a  previous and unexpired federal sentence. The expense
24    of conveying a person committed by the juvenile court  or  an
25    offender  convicted  of  a felony shall be paid by the State.
26    The expenses in all other cases shall be paid by  the  county
27    of the committing court.
28    (Source: P.A. 84-551.)

29        Section  70.   The  Code of Civil Procedure is amended by
30    changing Sections 10-103 and 10-136 as follows:

31        (735 ILCS 5/10-103) (from Ch. 110, par. 10-103)
 
                            -95-     LRB093 04416 RLC 04466 b
 1        Sec. 10-103.  Application.  Application  for  the  relief
 2    shall be made to the Supreme Court or to the circuit court of
 3    the   county   in  which  the  person  in  whose  behalf  the
 4    application is made, is imprisoned or restrained, or  to  the
 5    circuit  court  of  the  county  from  which  such person was
 6    sentenced  or  committed.  Application  shall  be   made   by
 7    complaint  signed  by  the  person  for  whose  relief  it is
 8    intended, or by  some  person  in  his  or  her  behalf,  and
 9    verified  by  affidavit.   Application  for relief under this
10    Article may not be commenced on behalf of a  person  who  has
11    been  sentenced  to death without the written consent of that
12    person, unless the person, because of a  mental  or  physical
13    condition, is incapable of asserting his or her own claim.
14    (Source: P.A. 89-684, eff. 6-1-97.)

15        (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
16        Sec.  10-136.  Prisoner  remanded  or  punished.  After a
17    prisoner has given his or her testimony, or been surrendered,
18    or his or her bail discharged, or he or she  has  been  tried
19    for  the  crime  with  which  he or she is charged, he or she
20    shall be returned to the jail or other place  of  confinement
21    from  which  he  or  she was taken for that purpose.  If such
22    prisoner is convicted of a crime  punishable  with  death  or
23    imprisonment  in  the penitentiary, he or she may be punished
24    accordingly; but in any case  where  the  prisoner  has  been
25    taken  from the penitentiary, and his or her punishment is by
26    imprisonment,  the  time  of  such  imprisonment  shall   not
27    commence  to  run until the expiration of the time of service
28    under any former sentence.
29    (Source: P.A. 82-280.)

30        Section 99.  Effective date.  This Act takes effect  upon
31    becoming law.
 
                            -96-     LRB093 04416 RLC 04466 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    20 ILCS 2605/2605-40      was 20 ILCS 2605/55a-4
 4    20 ILCS 2630/2.1          from Ch. 38, par. 206-2.1
 5    30 ILCS 105/5.518 rep.
 6    55 ILCS 5/3-9005          from Ch. 34, par. 3-9005
 7    55 ILCS 5/3-4011          from Ch. 34, par. 3-4011
 8    55 ILCS 5/3-4006.1 rep.
 9    105 ILCS 5/21-23b         from Ch. 122, par. 21-23b
10    305 ILCS 5/1-8
11    720 ILCS 5/2-7            from Ch. 38, par. 2-7
12    720 ILCS 5/7-10           from Ch. 38, par. 7-10
13    720 ILCS 5/9-1            from Ch. 38, par. 9-1
14    720 ILCS 5/9-1.2          from Ch. 38, par. 9-1.2
15    720 ILCS 5/30-1           from Ch. 38, par. 30-1
16    720 ILCS 5/33B-1          from Ch. 38, par. 33B-1
17    720 ILCS 550/9            from Ch. 56 1/2, par. 709
18    725 ILCS 5/104-26         from Ch. 38, par. 104-26
19    725 ILCS 5/113-3          from Ch. 38, par. 113-3
20    725 ILCS 5/114-5          from Ch. 38, par. 114-5
21    725 ILCS 5/115-4          from Ch. 38, par. 115-4
22    725 ILCS 5/115-4.1        from Ch. 38, par. 115-4.1
23    725 ILCS 5/119-5          from Ch. 38, par. 119-5
24    725 ILCS 5/121-13         from Ch. 38, par. 121-13
25    725 ILCS 5/122-1          from Ch. 38, par. 122-1
26    725 ILCS 5/122-2.1        from Ch. 38, par. 122-2.1
27    725 ILCS 5/122-4          from Ch. 38, par. 122-4
28    725 ILCS 105/10           from Ch. 38, par. 208-10
29    725 ILCS 105/10.5
30    725 ILCS 124/Act rep.
31    725 ILCS 235/5            from Ch. 38, par. 157-5
32    730 ILCS 5/3-3-13         from Ch. 38, par. 1003-3-13
33    730 ILCS 5/3-8-10         from Ch. 38, par. 1003-8-10
34    730 ILCS 5/3-6-3          from Ch. 38, par. 1003-6-3
 
                            -97-     LRB093 04416 RLC 04466 b
 1    730 ILCS 5/5-1-9          from Ch. 38, par. 1005-1-9
 2    730 ILCS 5/5-4-1          from Ch. 38, par. 1005-4-1
 3    730 ILCS 5/5-5-3          from Ch. 38, par. 1005-5-3
 4    730 ILCS 5/5-8-1          from Ch. 38, par. 1005-8-1
 5    730 ILCS 5/5-8-4          from Ch. 38, par. 1005-8-4
 6    730 ILCS 5/5-8-5          from Ch. 38, par. 1005-8-5
 7    735 ILCS 5/10-103         from Ch. 110, par. 10-103
 8    735 ILCS 5/10-136         from Ch. 110, par. 10-136