98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2265

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-1.1  from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.6
720 ILCS 5/24-1.8
720 ILCS 5/24-11 new
730 ILCS 5/3-6-3  from Ch. 38, par. 1003-6-3
730 ILCS 5/5-5-3  from Ch. 38, par. 1005-5-3

    Amends the Criminal Code of 2012. Enhances the penalties for certain violations of the statutes concerning unlawful use of weapons, unlawful use or possession of weapons by felons, aggravated unlawful use of a weapon, and unlawful possession of a firearm by a street gang member. Provides that each circuit court shall transmit to every local law enforcement agency located within the circuit, on a quarterly basis, the disposition of all cases involving violations of the Deadly Weapons Article of the Code within the previous quarter. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for certain unlawful use of weapons violations, unlawful use or possession of a weapon by felons, aggravated unlawful use of a weapon, or unlawful possession of a firearm by a street gang member shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Effective immediately.


LRB098 10588 RLC 40850 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2265LRB098 10588 RLC 40850 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 24-1, 24-1.1, 24-1.6, and 24-1.8 and by adding Section
624-11 as follows:
 
7    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
8    Sec. 24-1. Unlawful Use of Weapons.
9    (a) A person commits the offense of unlawful use of weapons
10when he knowingly:
11        (1) Sells, manufactures, purchases, possesses or
12    carries any bludgeon, black-jack, slung-shot, sand-club,
13    sand-bag, metal knuckles or other knuckle weapon
14    regardless of its composition, throwing star, or any knife,
15    commonly referred to as a switchblade knife, which has a
16    blade that opens automatically by hand pressure applied to
17    a button, spring or other device in the handle of the
18    knife, or a ballistic knife, which is a device that propels
19    a knifelike blade as a projectile by means of a coil
20    spring, elastic material or compressed gas; or
21        (2) Carries or possesses with intent to use the same
22    unlawfully against another, a dagger, dirk, billy,
23    dangerous knife, razor, stiletto, broken bottle or other

 

 

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1    piece of glass, stun gun or taser or any other dangerous or
2    deadly weapon or instrument of like character; or
3        (3) Carries on or about his person or in any vehicle, a
4    tear gas gun projector or bomb or any object containing
5    noxious liquid gas or substance, other than an object
6    containing a non-lethal noxious liquid gas or substance
7    designed solely for personal defense carried by a person 18
8    years of age or older; or
9        (4) Carries or possesses in any vehicle or concealed on
10    or about his person except when on his land or in his own
11    abode, legal dwelling, or fixed place of business, or on
12    the land or in the legal dwelling of another person as an
13    invitee with that person's permission, any pistol,
14    revolver, stun gun or taser or other firearm, except that
15    this subsection (a) (4) does not apply to or affect
16    transportation of weapons that meet one of the following
17    conditions:
18            (i) are broken down in a non-functioning state; or
19            (ii) are not immediately accessible; or
20            (iii) are unloaded and enclosed in a case, firearm
21        carrying box, shipping box, or other container by a
22        person who has been issued a currently valid Firearm
23        Owner's Identification Card; or
24        (5) Sets a spring gun; or
25        (6) Possesses any device or attachment of any kind
26    designed, used or intended for use in silencing the report

 

 

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1    of any firearm; or
2        (7) Sells, manufactures, purchases, possesses or
3    carries:
4            (i) a machine gun, which shall be defined for the
5        purposes of this subsection as any weapon, which
6        shoots, is designed to shoot, or can be readily
7        restored to shoot, automatically more than one shot
8        without manually reloading by a single function of the
9        trigger, including the frame or receiver of any such
10        weapon, or sells, manufactures, purchases, possesses,
11        or carries any combination of parts designed or
12        intended for use in converting any weapon into a
13        machine gun, or any combination or parts from which a
14        machine gun can be assembled if such parts are in the
15        possession or under the control of a person;
16            (ii) any rifle having one or more barrels less than
17        16 inches in length or a shotgun having one or more
18        barrels less than 18 inches in length or any weapon
19        made from a rifle or shotgun, whether by alteration,
20        modification, or otherwise, if such a weapon as
21        modified has an overall length of less than 26 inches;
22        or
23            (iii) any bomb, bomb-shell, grenade, bottle or
24        other container containing an explosive substance of
25        over one-quarter ounce for like purposes, such as, but
26        not limited to, black powder bombs and Molotov

 

 

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1        cocktails or artillery projectiles; or
2        (8) Carries or possesses any firearm, stun gun or taser
3    or other deadly weapon in any place which is licensed to
4    sell intoxicating beverages, or at any public gathering
5    held pursuant to a license issued by any governmental body
6    or any public gathering at which an admission is charged,
7    excluding a place where a showing, demonstration or lecture
8    involving the exhibition of unloaded firearms is
9    conducted.
10        This subsection (a)(8) does not apply to any auction or
11    raffle of a firearm held pursuant to a license or permit
12    issued by a governmental body, nor does it apply to persons
13    engaged in firearm safety training courses; or
14        (9) Carries or possesses in a vehicle or on or about
15    his person any pistol, revolver, stun gun or taser or
16    firearm or ballistic knife, when he is hooded, robed or
17    masked in such manner as to conceal his identity; or
18        (10) Carries or possesses on or about his person, upon
19    any public street, alley, or other public lands within the
20    corporate limits of a city, village or incorporated town,
21    except when an invitee thereon or therein, for the purpose
22    of the display of such weapon or the lawful commerce in
23    weapons, or except when on his land or in his own abode,
24    legal dwelling, or fixed place of business, or on the land
25    or in the legal dwelling of another person as an invitee
26    with that person's permission, any pistol, revolver, stun

 

 

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1    gun or taser or other firearm, except that this subsection
2    (a) (10) does not apply to or affect transportation of
3    weapons that meet one of the following conditions:
4            (i) are broken down in a non-functioning state; or
5            (ii) are not immediately accessible; or
6            (iii) are unloaded and enclosed in a case, firearm
7        carrying box, shipping box, or other container by a
8        person who has been issued a currently valid Firearm
9        Owner's Identification Card.
10        A "stun gun or taser", as used in this paragraph (a)
11    means (i) any device which is powered by electrical
12    charging units, such as, batteries, and which fires one or
13    several barbs attached to a length of wire and which, upon
14    hitting a human, can send out a current capable of
15    disrupting the person's nervous system in such a manner as
16    to render him incapable of normal functioning or (ii) any
17    device which is powered by electrical charging units, such
18    as batteries, and which, upon contact with a human or
19    clothing worn by a human, can send out current capable of
20    disrupting the person's nervous system in such a manner as
21    to render him incapable of normal functioning; or
22        (11) Sells, manufactures or purchases any explosive
23    bullet. For purposes of this paragraph (a) "explosive
24    bullet" means the projectile portion of an ammunition
25    cartridge which contains or carries an explosive charge
26    which will explode upon contact with the flesh of a human

 

 

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1    or an animal. "Cartridge" means a tubular metal case having
2    a projectile affixed at the front thereof and a cap or
3    primer at the rear end thereof, with the propellant
4    contained in such tube between the projectile and the cap;
5    or
6        (12) (Blank); or
7        (13) Carries or possesses on or about his or her person
8    while in a building occupied by a unit of government, a
9    billy club, other weapon of like character, or other
10    instrument of like character intended for use as a weapon.
11    For the purposes of this Section, "billy club" means a
12    short stick or club commonly carried by police officers
13    which is either telescopic or constructed of a solid piece
14    of wood or other man-made material.
15    (b) Sentence. A person convicted of a violation of
16subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
17subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
18Class A misdemeanor. A person convicted of a violation of
19subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
20person convicted of a violation of subsection 24-1(a)(6) or
2124-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
22convicted of a violation of subsection 24-1(a)(7)(i) commits a
23Class 2 felony and shall be sentenced to a term of imprisonment
24of not less than 3 years and not more than 7 years, unless the
25weapon is possessed in the passenger compartment of a motor
26vehicle as defined in Section 1-146 of the Illinois Vehicle

 

 

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1Code, or on the person, while the weapon is loaded, in which
2case it shall be a Class X felony. A person convicted of a
3second or subsequent violation of subsection 24-1(a)(4),
424-1(a)(8) or , 24-1(a)(9), or 24-1(a)(10) commits a Class 3
5felony. A person convicted of a second or subsequent violation
6of subsection 24-1(a)(4) or 24-1(a)(10) commits a Class 3
7felony and shall be sentenced to a term of imprisonment of not
8less than 3 years and not more than 10 years. The possession of
9each weapon in violation of this Section constitutes a single
10and separate violation.
11    (c) Violations in specific places.
12        (1) A person who violates subsection 24-1(a)(6) or
13    24-1(a)(7) in any school, regardless of the time of day or
14    the time of year, in residential property owned, operated
15    or managed by a public housing agency or leased by a public
16    housing agency as part of a scattered site or mixed-income
17    development, in a public park, in a courthouse, on the real
18    property comprising any school, regardless of the time of
19    day or the time of year, on residential property owned,
20    operated or managed by a public housing agency or leased by
21    a public housing agency as part of a scattered site or
22    mixed-income development, on the real property comprising
23    any public park, on the real property comprising any
24    courthouse, in any conveyance owned, leased or contracted
25    by a school to transport students to or from school or a
26    school related activity, in any conveyance owned, leased,

 

 

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1    or contracted by a public transportation agency, or on any
2    public way within 1,000 feet of the real property
3    comprising any school, public park, courthouse, public
4    transportation facility, or residential property owned,
5    operated, or managed by a public housing agency or leased
6    by a public housing agency as part of a scattered site or
7    mixed-income development commits a Class 2 felony and shall
8    be sentenced to a term of imprisonment of not less than 3
9    years and not more than 7 years.
10        (1.5) A person who violates subsection 24-1(a)(4),
11    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
12    time of day or the time of year, in residential property
13    owned, operated, or managed by a public housing agency or
14    leased by a public housing agency as part of a scattered
15    site or mixed-income development, in a public park, in a
16    courthouse, on the real property comprising any school,
17    regardless of the time of day or the time of year, on
18    residential property owned, operated, or managed by a
19    public housing agency or leased by a public housing agency
20    as part of a scattered site or mixed-income development, on
21    the real property comprising any public park, on the real
22    property comprising any courthouse, in any conveyance
23    owned, leased, or contracted by a school to transport
24    students to or from school or a school related activity, in
25    any conveyance owned, leased, or contracted by a public
26    transportation agency, or on any public way within 1,000

 

 

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1    feet of the real property comprising any school, public
2    park, courthouse, public transportation facility, or
3    residential property owned, operated, or managed by a
4    public housing agency or leased by a public housing agency
5    as part of a scattered site or mixed-income development
6    commits a Class 3 felony.
7        (2) A person who violates subsection 24-1(a)(1),
8    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
9    time of day or the time of year, in residential property
10    owned, operated or managed by a public housing agency or
11    leased by a public housing agency as part of a scattered
12    site or mixed-income development, in a public park, in a
13    courthouse, on the real property comprising any school,
14    regardless of the time of day or the time of year, on
15    residential property owned, operated or managed by a public
16    housing agency or leased by a public housing agency as part
17    of a scattered site or mixed-income development, on the
18    real property comprising any public park, on the real
19    property comprising any courthouse, in any conveyance
20    owned, leased or contracted by a school to transport
21    students to or from school or a school related activity, in
22    any conveyance owned, leased, or contracted by a public
23    transportation agency, or on any public way within 1,000
24    feet of the real property comprising any school, public
25    park, courthouse, public transportation facility, or
26    residential property owned, operated, or managed by a

 

 

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1    public housing agency or leased by a public housing agency
2    as part of a scattered site or mixed-income development
3    commits a Class 4 felony. "Courthouse" means any building
4    that is used by the Circuit, Appellate, or Supreme Court of
5    this State for the conduct of official business.
6        (3) Paragraphs (1), (1.5), and (2) of this subsection
7    (c) shall not apply to law enforcement officers or security
8    officers of such school, college, or university or to
9    students carrying or possessing firearms for use in
10    training courses, parades, hunting, target shooting on
11    school ranges, or otherwise with the consent of school
12    authorities and which firearms are transported unloaded
13    enclosed in a suitable case, box, or transportation
14    package.
15        (4) For the purposes of this subsection (c), "school"
16    means any public or private elementary or secondary school,
17    community college, college, or university.
18        (5) For the purposes of this subsection (c), "public
19    transportation agency" means a public or private agency
20    that provides for the transportation or conveyance of
21    persons by means available to the general public, except
22    for transportation by automobiles not used for conveyance
23    of the general public as passengers; and "public
24    transportation facility" means a terminal or other place
25    where one may obtain public transportation.
26    (d) The presence in an automobile other than a public

 

 

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1omnibus of any weapon, instrument or substance referred to in
2subsection (a)(7) is prima facie evidence that it is in the
3possession of, and is being carried by, all persons occupying
4such automobile at the time such weapon, instrument or
5substance is found, except under the following circumstances:
6(i) if such weapon, instrument or instrumentality is found upon
7the person of one of the occupants therein; or (ii) if such
8weapon, instrument or substance is found in an automobile
9operated for hire by a duly licensed driver in the due, lawful
10and proper pursuit of his trade, then such presumption shall
11not apply to the driver.
12    (e) Exemptions. Crossbows, Common or Compound bows and
13Underwater Spearguns are exempted from the definition of
14ballistic knife as defined in paragraph (1) of subsection (a)
15of this Section.
16(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
1795-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
1896-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
19    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
20    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
21Felons or Persons in the Custody of the Department of
22Corrections Facilities.
23    (a) It is unlawful for a person to knowingly possess on or
24about his person or on his land or in his own abode or fixed
25place of business any weapon prohibited under Section 24-1 of

 

 

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1this Act or any firearm or any firearm ammunition if the person
2has been convicted of a felony under the laws of this State or
3any other jurisdiction. This Section shall not apply if the
4person has been granted relief by the Director of the
5Department of State Police under Section 10 of the Firearm
6Owners Identification Card Act.
7    (b) It is unlawful for any person confined in a penal
8institution, which is a facility of the Illinois Department of
9Corrections, to possess any weapon prohibited under Section
1024-1 of this Code or any firearm or firearm ammunition,
11regardless of the intent with which he possesses it.
12    (c) It shall be an affirmative defense to a violation of
13subsection (b), that such possession was specifically
14authorized by rule, regulation, or directive of the Illinois
15Department of Corrections or order issued pursuant thereto.
16    (d) The defense of necessity is not available to a person
17who is charged with a violation of subsection (b) of this
18Section.
19    (e) Sentence. Violation of this Section by a person not
20confined in a penal institution shall be a Class 3 felony for
21which the person shall be sentenced to no less than 4 2 years
22and no more than 10 years and any second or subsequent
23violation shall be a Class 2 felony for which the person shall
24be sentenced to a term of imprisonment of not less than 5 3
25years and not more than 14 years. Violation of this Section by
26a person not confined in a penal institution who has been

 

 

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1convicted of a forcible felony, a felony violation of Article
224 of this Code or of the Firearm Owners Identification Card
3Act, stalking or aggravated stalking, or a Class 2 or greater
4felony under the Illinois Controlled Substances Act, the
5Cannabis Control Act, or the Methamphetamine Control and
6Community Protection Act is a Class 2 felony for which the
7person shall be sentenced to not less than 3 years and not more
8than 14 years. Violation of this Section by a person who is on
9parole or mandatory supervised release is a Class 2 felony for
10which the person shall be sentenced to not less than 5 3 years
11and not more than 14 years. Violation of this Section by a
12person not confined in a penal institution is a Class X felony
13when the firearm possessed is a machine gun. Any person who
14violates this Section while confined in a penal institution,
15which is a facility of the Illinois Department of Corrections,
16is guilty of a Class 1 felony, if he possesses any weapon
17prohibited under Section 24-1 of this Code regardless of the
18intent with which he possesses it, a Class X felony if he
19possesses any firearm, firearm ammunition or explosive, and a
20Class X felony for which the offender shall be sentenced to not
21less than 12 years and not more than 50 years when the firearm
22possessed is a machine gun. A violation of this Section while
23wearing or in possession of body armor as defined in Section
2433F-1 is a Class X felony punishable by a term of imprisonment
25of not less than 10 years and not more than 40 years. The
26possession of each firearm or firearm ammunition in violation

 

 

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1of this Section constitutes a single and separate violation.
2(Source: P.A. 97-237, eff. 1-1-12.)
 
3    (720 ILCS 5/24-1.6)
4    Sec. 24-1.6. Aggravated unlawful use of a weapon.
5    (a) A person commits the offense of aggravated unlawful use
6of a weapon when he or she knowingly:
7        (1) Carries on or about his or her person or in any
8    vehicle or concealed on or about his or her person except
9    when on his or her land or in his or her abode, legal
10    dwelling, or fixed place of business, or on the land or in
11    the legal dwelling of another person as an invitee with
12    that person's permission, any pistol, revolver, stun gun or
13    taser or other firearm; or
14        (2) Carries or possesses on or about his or her person,
15    upon any public street, alley, or other public lands within
16    the corporate limits of a city, village or incorporated
17    town, except when an invitee thereon or therein, for the
18    purpose of the display of such weapon or the lawful
19    commerce in weapons, or except when on his or her own land
20    or in his or her own abode, legal dwelling, or fixed place
21    of business, or on the land or in the legal dwelling of
22    another person as an invitee with that person's permission,
23    any pistol, revolver, stun gun or taser or other firearm;
24    and
25        (3) One of the following factors is present:

 

 

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1            (A) the firearm possessed was uncased, loaded and
2        immediately accessible at the time of the offense; or
3            (B) the firearm possessed was uncased, unloaded
4        and the ammunition for the weapon was immediately
5        accessible at the time of the offense; or
6            (C) the person possessing the firearm has not been
7        issued a currently valid Firearm Owner's
8        Identification Card; or
9            (D) the person possessing the weapon was
10        previously adjudicated a delinquent minor under the
11        Juvenile Court Act of 1987 for an act that if committed
12        by an adult would be a felony; or
13            (E) the person possessing the weapon was engaged in
14        a misdemeanor violation of the Cannabis Control Act, in
15        a misdemeanor violation of the Illinois Controlled
16        Substances Act, or in a misdemeanor violation of the
17        Methamphetamine Control and Community Protection Act;
18        or
19            (F) (blank); or
20            (G) the person possessing the weapon had a order of
21        protection issued against him or her within the
22        previous 2 years; or
23            (H) the person possessing the weapon was engaged in
24        the commission or attempted commission of a
25        misdemeanor involving the use or threat of violence
26        against the person or property of another; or

 

 

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1            (I) the person possessing the weapon was under 21
2        years of age and in possession of a handgun as defined
3        in Section 24-3, unless the person under 21 is engaged
4        in lawful activities under the Wildlife Code or
5        described in subsection 24-2(b)(1), (b)(3), or
6        24-2(f).
7    (b) "Stun gun or taser" as used in this Section has the
8same definition given to it in Section 24-1 of this Code.
9    (c) This Section does not apply to or affect the
10transportation or possession of weapons that:
11            (i) are broken down in a non-functioning state; or
12            (ii) are not immediately accessible; or
13            (iii) are unloaded and enclosed in a case, firearm
14        carrying box, shipping box, or other container by a
15        person who has been issued a currently valid Firearm
16        Owner's Identification Card.
17    (d) Sentence.
18         (1) Aggravated unlawful use of a weapon is a Class 3 4
19    felony for which the person shall be sentenced to a term of
20    imprisonment of not less 3 and not more than 7 years; a
21    second or subsequent offense is a Class 2 felony for which
22    the person shall be sentenced to a term of imprisonment of
23    not less than 5 3 years and not more than 10 7 years.
24        (2) Except as otherwise provided in paragraphs (3) and
25    (4) of this subsection (d), a first offense of aggravated
26    unlawful use of a weapon committed with a firearm by a

 

 

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1    person 18 years of age or older where the factors listed in
2    both items (A) and (C) of paragraph (3) of subsection (a)
3    are present is a Class 3 4 felony, for which the person
4    shall be sentenced to a term of imprisonment of not less
5    than one year and not more than 3 years and not more than 7
6    years.
7        (3) Aggravated unlawful use of a weapon by a person who
8    has been previously convicted of a felony in this State or
9    another jurisdiction is a Class 2 felony for which the
10    person shall be sentenced to a term of imprisonment of not
11    less than 3 years and not more than 7 years.
12        (4) Aggravated unlawful use of a weapon while wearing
13    or in possession of body armor as defined in Section 33F-1
14    by a person who has not been issued a valid Firearms
15    Owner's Identification Card in accordance with Section 5 of
16    the Firearm Owners Identification Card Act is a Class X
17    felony.
18    (e) The possession of each firearm in violation of this
19Section constitutes a single and separate violation.
20(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
2196-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
 
22    (720 ILCS 5/24-1.8)
23    Sec. 24-1.8. Unlawful possession of a firearm by a street
24gang member.
25    (a) A person commits unlawful possession of a firearm by a

 

 

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1street gang member when he or she knowingly:
2        (1) possesses, carries, or conceals on or about his or
3    her person a firearm and firearm ammunition while on any
4    street, road, alley, gangway, sidewalk, or any other lands,
5    except when inside his or her own abode or inside his or
6    her fixed place of business, and has not been issued a
7    currently valid Firearm Owner's Identification Card and is
8    a member of a street gang; or
9        (2) possesses or carries in any vehicle a firearm and
10    firearm ammunition which are both immediately accessible
11    at the time of the offense while on any street, road,
12    alley, or any other lands, except when inside his or her
13    own abode or garage, and has not been issued a currently
14    valid Firearm Owner's Identification Card and is a member
15    of a street gang.
16    (b) Unlawful possession of a firearm by a street gang
17member is a Class 2 felony for which the person, if sentenced
18to a term of imprisonment, shall be sentenced to no less than 4
193 years and no more than 10 years. A period of probation, a
20term of periodic imprisonment or conditional discharge shall
21not be imposed for the offense of unlawful possession of a
22firearm by a street gang member when the firearm was loaded or
23contained firearm ammunition and the court shall sentence the
24offender to not less than the minimum term of imprisonment
25authorized for the Class 2 felony.
26    (c) For purposes of this Section:

 

 

HB2265- 19 -LRB098 10588 RLC 40850 b

1        "Street gang" or "gang" has the meaning ascribed to it
2    in Section 10 of the Illinois Streetgang Terrorism Omnibus
3    Prevention Act.
4        "Street gang member" or "gang member" has the meaning
5    ascribed to it in Section 10 of the Illinois Streetgang
6    Terrorism Omnibus Prevention Act.
7(Source: P.A. 96-829, eff. 12-3-09.)
 
8    (720 ILCS 5/24-11 new)
9    Sec. 24-11. Deadly weapons dispositions; report. Each
10circuit court shall transmit to every local law enforcement
11agency located within the circuit, on a quarterly basis, the
12disposition of all cases involving violations of this Article
1324 within the previous quarter.
 
14    Section 10. The Unified Code of Corrections is amended by
15changing Sections 3-6-3 and 5-5-3 as follows:
 
16    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
17    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
18        (a) (1) The Department of Corrections shall prescribe
19    rules and regulations for awarding and revoking sentence
20    credit for persons committed to the Department which shall
21    be subject to review by the Prisoner Review Board.
22        (1.5) As otherwise provided by law, sentence credit may
23    be awarded for the following:

 

 

HB2265- 20 -LRB098 10588 RLC 40850 b

1            (A) successful completion of programming while in
2        custody of the Department or while in custody prior to
3        sentencing;
4            (B) compliance with the rules and regulations of
5        the Department; or
6            (C) service to the institution, service to a
7        community, or service to the State.
8        (2) The rules and regulations on sentence credit shall
9    provide, with respect to offenses listed in clause (i),
10    (ii), or (iii) of this paragraph (2) committed on or after
11    June 19, 1998 or with respect to the offense listed in
12    clause (iv) of this paragraph (2) committed on or after
13    June 23, 2005 (the effective date of Public Act 94-71) or
14    with respect to offense listed in clause (vi) committed on
15    or after June 1, 2008 (the effective date of Public Act
16    95-625) or with respect to the offense of being an armed
17    habitual criminal committed on or after August 2, 2005 (the
18    effective date of Public Act 94-398) or with respect to the
19    offenses listed in clause (v) of this paragraph (2)
20    committed on or after August 13, 2007 (the effective date
21    of Public Act 95-134) or with respect to the offense of
22    aggravated domestic battery committed on or after July 23,
23    2010 (the effective date of Public Act 96-1224) or with
24    respect to the offense of attempt to commit terrorism
25    committed on or after January 1, 2013 (the effective date
26    of Public Act 97-990) or with respect to offenses listed in

 

 

HB2265- 21 -LRB098 10588 RLC 40850 b

1    clause (viii) committed on or after the effective date of
2    this amendatory Act of the 98th General Assembly, the
3    following:
4            (i) that a prisoner who is serving a term of
5        imprisonment for first degree murder or for the offense
6        of terrorism shall receive no sentence credit and shall
7        serve the entire sentence imposed by the court;
8            (ii) that a prisoner serving a sentence for attempt
9        to commit terrorism, attempt to commit first degree
10        murder, solicitation of murder, solicitation of murder
11        for hire, intentional homicide of an unborn child,
12        predatory criminal sexual assault of a child,
13        aggravated criminal sexual assault, criminal sexual
14        assault, aggravated kidnapping, aggravated battery
15        with a firearm as described in Section 12-4.2 or
16        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
17        Section 12-3.05, heinous battery as described in
18        Section 12-4.1 or subdivision (a)(2) of Section
19        12-3.05, being an armed habitual criminal, aggravated
20        battery of a senior citizen as described in Section
21        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
22        aggravated battery of a child as described in Section
23        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
24        receive no more than 4.5 days of sentence credit for
25        each month of his or her sentence of imprisonment;
26            (iii) that a prisoner serving a sentence for home

 

 

HB2265- 22 -LRB098 10588 RLC 40850 b

1        invasion, armed robbery, aggravated vehicular
2        hijacking, aggravated discharge of a firearm, or armed
3        violence with a category I weapon or category II
4        weapon, when the court has made and entered a finding,
5        pursuant to subsection (c-1) of Section 5-4-1 of this
6        Code, that the conduct leading to conviction for the
7        enumerated offense resulted in great bodily harm to a
8        victim, shall receive no more than 4.5 days of sentence
9        credit for each month of his or her sentence of
10        imprisonment;
11            (iv) that a prisoner serving a sentence for
12        aggravated discharge of a firearm, whether or not the
13        conduct leading to conviction for the offense resulted
14        in great bodily harm to the victim, shall receive no
15        more than 4.5 days of sentence credit for each month of
16        his or her sentence of imprisonment;
17            (v) that a person serving a sentence for
18        gunrunning, narcotics racketeering, controlled
19        substance trafficking, methamphetamine trafficking,
20        drug-induced homicide, aggravated
21        methamphetamine-related child endangerment, money
22        laundering pursuant to clause (c) (4) or (5) of Section
23        29B-1 of the Criminal Code of 1961 or the Criminal Code
24        of 2012, or a Class X felony conviction for delivery of
25        a controlled substance, possession of a controlled
26        substance with intent to manufacture or deliver,

 

 

HB2265- 23 -LRB098 10588 RLC 40850 b

1        calculated criminal drug conspiracy, criminal drug
2        conspiracy, street gang criminal drug conspiracy,
3        participation in methamphetamine manufacturing,
4        aggravated participation in methamphetamine
5        manufacturing, delivery of methamphetamine, possession
6        with intent to deliver methamphetamine, aggravated
7        delivery of methamphetamine, aggravated possession
8        with intent to deliver methamphetamine,
9        methamphetamine conspiracy when the substance
10        containing the controlled substance or methamphetamine
11        is 100 grams or more shall receive no more than 7.5
12        days sentence credit for each month of his or her
13        sentence of imprisonment;
14            (vi) that a prisoner serving a sentence for a
15        second or subsequent offense of luring a minor shall
16        receive no more than 4.5 days of sentence credit for
17        each month of his or her sentence of imprisonment; and
18            (vii) that a prisoner serving a sentence for
19        aggravated domestic battery shall receive no more than
20        4.5 days of sentence credit for each month of his or
21        her sentence of imprisonment; and
22            (viii) that a prisoner serving a sentence for a
23        violation of Section 24-1.1, 24-1.6, or 24-1.8 or
24        subsection 24-1(a)(4) or 24-1(a)(10) of the Criminal
25        Code of 2012 shall receive no more than 4.5 days of
26        sentence credit for each month of his or her sentence

 

 

HB2265- 24 -LRB098 10588 RLC 40850 b

1        of imprisonment.
2        (2.1) For all offenses, other than those enumerated in
3    subdivision (a)(2)(i), (ii), or (iii) committed on or after
4    June 19, 1998 or subdivision (a)(2)(iv) committed on or
5    after June 23, 2005 (the effective date of Public Act
6    94-71) or subdivision (a)(2)(v) committed on or after
7    August 13, 2007 (the effective date of Public Act 95-134)
8    or subdivision (a)(2)(vi) committed on or after June 1,
9    2008 (the effective date of Public Act 95-625) or
10    subdivision (a)(2)(vii) committed on or after July 23, 2010
11    (the effective date of Public Act 96-1224), and other than
12    the offense of aggravated driving under the influence of
13    alcohol, other drug or drugs, or intoxicating compound or
14    compounds, or any combination thereof as defined in
15    subparagraph (F) of paragraph (1) of subsection (d) of
16    Section 11-501 of the Illinois Vehicle Code, and other than
17    the offense of aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds, or any combination thereof as defined in
20    subparagraph (C) of paragraph (1) of subsection (d) of
21    Section 11-501 of the Illinois Vehicle Code committed on or
22    after January 1, 2011 (the effective date of Public Act
23    96-1230), the rules and regulations shall provide that a
24    prisoner who is serving a term of imprisonment shall
25    receive one day of sentence credit for each day of his or
26    her sentence of imprisonment or recommitment under Section

 

 

HB2265- 25 -LRB098 10588 RLC 40850 b

1    3-3-9. Each day of sentence credit shall reduce by one day
2    the prisoner's period of imprisonment or recommitment
3    under Section 3-3-9.
4        (2.2) A prisoner serving a term of natural life
5    imprisonment or a prisoner who has been sentenced to death
6    shall receive no sentence credit.
7        (2.3) The rules and regulations on sentence credit
8    shall provide that a prisoner who is serving a sentence for
9    aggravated driving under the influence of alcohol, other
10    drug or drugs, or intoxicating compound or compounds, or
11    any combination thereof as defined in subparagraph (F) of
12    paragraph (1) of subsection (d) of Section 11-501 of the
13    Illinois Vehicle Code, shall receive no more than 4.5 days
14    of sentence credit for each month of his or her sentence of
15    imprisonment.
16        (2.4) The rules and regulations on sentence credit
17    shall provide with respect to the offenses of aggravated
18    battery with a machine gun or a firearm equipped with any
19    device or attachment designed or used for silencing the
20    report of a firearm or aggravated discharge of a machine
21    gun or a firearm equipped with any device or attachment
22    designed or used for silencing the report of a firearm,
23    committed on or after July 15, 1999 (the effective date of
24    Public Act 91-121), that a prisoner serving a sentence for
25    any of these offenses shall receive no more than 4.5 days
26    of sentence credit for each month of his or her sentence of

 

 

HB2265- 26 -LRB098 10588 RLC 40850 b

1    imprisonment.
2        (2.5) The rules and regulations on sentence credit
3    shall provide that a prisoner who is serving a sentence for
4    aggravated arson committed on or after July 27, 2001 (the
5    effective date of Public Act 92-176) shall receive no more
6    than 4.5 days of sentence credit for each month of his or
7    her sentence of imprisonment.
8        (2.6) The rules and regulations on sentence credit
9    shall provide that a prisoner who is serving a sentence for
10    aggravated driving under the influence of alcohol, other
11    drug or drugs, or intoxicating compound or compounds or any
12    combination thereof as defined in subparagraph (C) of
13    paragraph (1) of subsection (d) of Section 11-501 of the
14    Illinois Vehicle Code committed on or after January 1, 2011
15    (the effective date of Public Act 96-1230) shall receive no
16    more than 4.5 days of sentence credit for each month of his
17    or her sentence of imprisonment.
18        (3) The rules and regulations shall also provide that
19    the Director may award up to 180 days additional sentence
20    credit for good conduct in specific instances as the
21    Director deems proper. The good conduct may include, but is
22    not limited to, compliance with the rules and regulations
23    of the Department, service to the Department, service to a
24    community, or service to the State. However, the Director
25    shall not award more than 90 days of sentence credit for
26    good conduct to any prisoner who is serving a sentence for

 

 

HB2265- 27 -LRB098 10588 RLC 40850 b

1    conviction of first degree murder, reckless homicide while
2    under the influence of alcohol or any other drug, or
3    aggravated driving under the influence of alcohol, other
4    drug or drugs, or intoxicating compound or compounds, or
5    any combination thereof as defined in subparagraph (F) of
6    paragraph (1) of subsection (d) of Section 11-501 of the
7    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
8    predatory criminal sexual assault of a child, aggravated
9    criminal sexual assault, criminal sexual assault, deviate
10    sexual assault, aggravated criminal sexual abuse,
11    aggravated indecent liberties with a child, indecent
12    liberties with a child, child pornography, heinous battery
13    as described in Section 12-4.1 or subdivision (a)(2) of
14    Section 12-3.05, aggravated battery of a spouse,
15    aggravated battery of a spouse with a firearm, stalking,
16    aggravated stalking, aggravated battery of a child as
17    described in Section 12-4.3 or subdivision (b)(1) of
18    Section 12-3.05, endangering the life or health of a child,
19    or cruelty to a child. Notwithstanding the foregoing,
20    sentence credit for good conduct shall not be awarded on a
21    sentence of imprisonment imposed for conviction of: (i) one
22    of the offenses enumerated in subdivision (a)(2)(i), (ii),
23    or (iii) when the offense is committed on or after June 19,
24    1998 or subdivision (a)(2)(iv) when the offense is
25    committed on or after June 23, 2005 (the effective date of
26    Public Act 94-71) or subdivision (a)(2)(v) when the offense

 

 

HB2265- 28 -LRB098 10588 RLC 40850 b

1    is committed on or after August 13, 2007 (the effective
2    date of Public Act 95-134) or subdivision (a)(2)(vi) when
3    the offense is committed on or after June 1, 2008 (the
4    effective date of Public Act 95-625) or subdivision
5    (a)(2)(vii) when the offense is committed on or after July
6    23, 2010 (the effective date of Public Act 96-1224), (ii)
7    aggravated driving under the influence of alcohol, other
8    drug or drugs, or intoxicating compound or compounds, or
9    any combination thereof as defined in subparagraph (F) of
10    paragraph (1) of subsection (d) of Section 11-501 of the
11    Illinois Vehicle Code, (iii) one of the offenses enumerated
12    in subdivision (a)(2.4) when the offense is committed on or
13    after July 15, 1999 (the effective date of Public Act
14    91-121), (iv) aggravated arson when the offense is
15    committed on or after July 27, 2001 (the effective date of
16    Public Act 92-176), (v) offenses that may subject the
17    offender to commitment under the Sexually Violent Persons
18    Commitment Act, or (vi) aggravated driving under the
19    influence of alcohol, other drug or drugs, or intoxicating
20    compound or compounds or any combination thereof as defined
21    in subparagraph (C) of paragraph (1) of subsection (d) of
22    Section 11-501 of the Illinois Vehicle Code committed on or
23    after January 1, 2011 (the effective date of Public Act
24    96-1230).
25    Eligible inmates for an award of sentence credit under this
26paragraph (3) may be selected to receive the credit at the

 

 

HB2265- 29 -LRB098 10588 RLC 40850 b

1Director's or his or her designee's sole discretion.
2Consideration may be based on, but not limited to, any
3available risk assessment analysis on the inmate, any history
4of conviction for violent crimes as defined by the Rights of
5Crime Victims and Witnesses Act, facts and circumstances of the
6inmate's holding offense or offenses, and the potential for
7rehabilitation.
8    The Director shall not award sentence credit under this
9paragraph (3) to an inmate unless the inmate has served a
10minimum of 60 days of the sentence; except nothing in this
11paragraph shall be construed to permit the Director to extend
12an inmate's sentence beyond that which was imposed by the
13court. Prior to awarding credit under this paragraph (3), the
14Director shall make a written determination that the inmate:
15            (A) is eligible for the sentence credit;
16            (B) has served a minimum of 60 days, or as close to
17        60 days as the sentence will allow; and
18            (C) has met the eligibility criteria established
19        by rule.
20        The Director shall determine the form and content of
21    the written determination required in this subsection.
22        (3.5) The Department shall provide annual written
23    reports to the Governor and the General Assembly on the
24    award of sentence credit for good conduct, with the first
25    report due January 1, 2014. The Department must publish
26    both reports on its website within 48 hours of transmitting

 

 

HB2265- 30 -LRB098 10588 RLC 40850 b

1    the reports to the Governor and the General Assembly. The
2    reports must include:
3            (A) the number of inmates awarded sentence credit
4        for good conduct;
5            (B) the average amount of sentence credit for good
6        conduct awarded;
7            (C) the holding offenses of inmates awarded
8        sentence credit for good conduct; and
9            (D) the number of sentence credit for good conduct
10        revocations.
11        (4) The rules and regulations shall also provide that
12    the sentence credit accumulated and retained under
13    paragraph (2.1) of subsection (a) of this Section by any
14    inmate during specific periods of time in which such inmate
15    is engaged full-time in substance abuse programs,
16    correctional industry assignments, educational programs,
17    behavior modification programs, life skills courses, or
18    re-entry planning provided by the Department under this
19    paragraph (4) and satisfactorily completes the assigned
20    program as determined by the standards of the Department,
21    shall be multiplied by a factor of 1.25 for program
22    participation before August 11, 1993 and 1.50 for program
23    participation on or after that date. The rules and
24    regulations shall also provide that sentence credit,
25    subject to the same offense limits and multiplier provided
26    in this paragraph, may be provided to an inmate who was

 

 

HB2265- 31 -LRB098 10588 RLC 40850 b

1    held in pre-trial detention prior to his or her current
2    commitment to the Department of Corrections and
3    successfully completed a full-time, 60-day or longer
4    substance abuse program, educational program, behavior
5    modification program, life skills course, or re-entry
6    planning provided by the county department of corrections
7    or county jail. Calculation of this county program credit
8    shall be done at sentencing as provided in Section
9    5-4.5-100 of this Code and shall be included in the
10    sentencing order. However, no inmate shall be eligible for
11    the additional sentence credit under this paragraph (4) or
12    (4.1) of this subsection (a) while assigned to a boot camp
13    or electronic detention, or if convicted of an offense
14    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
15    Section that is committed on or after June 19, 1998 or
16    subdivision (a)(2)(iv) of this Section that is committed on
17    or after June 23, 2005 (the effective date of Public Act
18    94-71) or subdivision (a)(2)(v) of this Section that is
19    committed on or after August 13, 2007 (the effective date
20    of Public Act 95-134) or subdivision (a)(2)(vi) when the
21    offense is committed on or after June 1, 2008 (the
22    effective date of Public Act 95-625) or subdivision
23    (a)(2)(vii) when the offense is committed on or after July
24    23, 2010 (the effective date of Public Act 96-1224), or if
25    convicted of aggravated driving under the influence of
26    alcohol, other drug or drugs, or intoxicating compound or

 

 

HB2265- 32 -LRB098 10588 RLC 40850 b

1    compounds or any combination thereof as defined in
2    subparagraph (F) of paragraph (1) of subsection (d) of
3    Section 11-501 of the Illinois Vehicle Code, or if
4    convicted of aggravated driving under the influence of
5    alcohol, other drug or drugs, or intoxicating compound or
6    compounds or any combination thereof as defined in
7    subparagraph (C) of paragraph (1) of subsection (d) of
8    Section 11-501 of the Illinois Vehicle Code committed on or
9    after January 1, 2011 (the effective date of Public Act
10    96-1230), or if convicted of an offense enumerated in
11    paragraph (a)(2.4) of this Section that is committed on or
12    after July 15, 1999 (the effective date of Public Act
13    91-121), or first degree murder, a Class X felony, criminal
14    sexual assault, felony criminal sexual abuse, aggravated
15    criminal sexual abuse, aggravated battery with a firearm as
16    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
17    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
18    successor offenses with the same or substantially the same
19    elements, or any inchoate offenses relating to the
20    foregoing offenses. No inmate shall be eligible for the
21    additional good conduct credit under this paragraph (4) who
22    (i) has previously received increased good conduct credit
23    under this paragraph (4) and has subsequently been
24    convicted of a felony, or (ii) has previously served more
25    than one prior sentence of imprisonment for a felony in an
26    adult correctional facility.

 

 

HB2265- 33 -LRB098 10588 RLC 40850 b

1        Educational, vocational, substance abuse, behavior
2    modification programs, life skills courses, re-entry
3    planning, and correctional industry programs under which
4    sentence credit may be increased under this paragraph (4)
5    and paragraph (4.1) of this subsection (a) shall be
6    evaluated by the Department on the basis of documented
7    standards. The Department shall report the results of these
8    evaluations to the Governor and the General Assembly by
9    September 30th of each year. The reports shall include data
10    relating to the recidivism rate among program
11    participants.
12        Availability of these programs shall be subject to the
13    limits of fiscal resources appropriated by the General
14    Assembly for these purposes. Eligible inmates who are
15    denied immediate admission shall be placed on a waiting
16    list under criteria established by the Department. The
17    inability of any inmate to become engaged in any such
18    programs by reason of insufficient program resources or for
19    any other reason established under the rules and
20    regulations of the Department shall not be deemed a cause
21    of action under which the Department or any employee or
22    agent of the Department shall be liable for damages to the
23    inmate.
24        (4.1) The rules and regulations shall also provide that
25    an additional 60 days of sentence credit shall be awarded
26    to any prisoner who passes the high school level Test of

 

 

HB2265- 34 -LRB098 10588 RLC 40850 b

1    General Educational Development (GED) while the prisoner
2    is committed to the Department of Corrections. The sentence
3    credit awarded under this paragraph (4.1) shall be in
4    addition to, and shall not affect, the award of sentence
5    credit under any other paragraph of this Section, but shall
6    also be pursuant to the guidelines and restrictions set
7    forth in paragraph (4) of subsection (a) of this Section.
8    The sentence credit provided for in this paragraph shall be
9    available only to those prisoners who have not previously
10    earned a high school diploma or a GED. If, after an award
11    of the GED sentence credit has been made and the Department
12    determines that the prisoner was not eligible, then the
13    award shall be revoked. The Department may also award 60
14    days of sentence credit to any committed person who passed
15    the high school level Test of General Educational
16    Development (GED) while he or she was held in pre-trial
17    detention prior to the current commitment to the Department
18    of Corrections.
19        (4.5) The rules and regulations on sentence credit
20    shall also provide that when the court's sentencing order
21    recommends a prisoner for substance abuse treatment and the
22    crime was committed on or after September 1, 2003 (the
23    effective date of Public Act 93-354), the prisoner shall
24    receive no sentence credit awarded under clause (3) of this
25    subsection (a) unless he or she participates in and
26    completes a substance abuse treatment program. The

 

 

HB2265- 35 -LRB098 10588 RLC 40850 b

1    Director may waive the requirement to participate in or
2    complete a substance abuse treatment program and award the
3    sentence credit in specific instances if the prisoner is
4    not a good candidate for a substance abuse treatment
5    program for medical, programming, or operational reasons.
6    Availability of substance abuse treatment shall be subject
7    to the limits of fiscal resources appropriated by the
8    General Assembly for these purposes. If treatment is not
9    available and the requirement to participate and complete
10    the treatment has not been waived by the Director, the
11    prisoner shall be placed on a waiting list under criteria
12    established by the Department. The Director may allow a
13    prisoner placed on a waiting list to participate in and
14    complete a substance abuse education class or attend
15    substance abuse self-help meetings in lieu of a substance
16    abuse treatment program. A prisoner on a waiting list who
17    is not placed in a substance abuse program prior to release
18    may be eligible for a waiver and receive sentence credit
19    under clause (3) of this subsection (a) at the discretion
20    of the Director.
21        (4.6) The rules and regulations on sentence credit
22    shall also provide that a prisoner who has been convicted
23    of a sex offense as defined in Section 2 of the Sex
24    Offender Registration Act shall receive no sentence credit
25    unless he or she either has successfully completed or is
26    participating in sex offender treatment as defined by the

 

 

HB2265- 36 -LRB098 10588 RLC 40850 b

1    Sex Offender Management Board. However, prisoners who are
2    waiting to receive treatment, but who are unable to do so
3    due solely to the lack of resources on the part of the
4    Department, may, at the Director's sole discretion, be
5    awarded sentence credit at a rate as the Director shall
6    determine.
7        (5) Whenever the Department is to release any inmate
8    earlier than it otherwise would because of a grant of
9    sentence credit for good conduct under paragraph (3) of
10    subsection (a) of this Section given at any time during the
11    term, the Department shall give reasonable notice of the
12    impending release not less than 14 days prior to the date
13    of the release to the State's Attorney of the county where
14    the prosecution of the inmate took place, and if
15    applicable, the State's Attorney of the county into which
16    the inmate will be released. The Department must also make
17    identification information and a recent photo of the inmate
18    being released accessible on the Internet by means of a
19    hyperlink labeled "Community Notification of Inmate Early
20    Release" on the Department's World Wide Web homepage. The
21    identification information shall include the inmate's:
22    name, any known alias, date of birth, physical
23    characteristics, residence address, commitment offense and
24    county where conviction was imposed. The identification
25    information shall be placed on the website within 3 days of
26    the inmate's release and the information may not be removed

 

 

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1    until either: completion of the first year of mandatory
2    supervised release or return of the inmate to custody of
3    the Department.
4    (b) Whenever a person is or has been committed under
5several convictions, with separate sentences, the sentences
6shall be construed under Section 5-8-4 in granting and
7forfeiting of sentence credit.
8    (c) The Department shall prescribe rules and regulations
9for revoking sentence credit, including revoking sentence
10credit awarded for good conduct under paragraph (3) of
11subsection (a) of this Section. The Department shall prescribe
12rules and regulations for suspending or reducing the rate of
13accumulation of sentence credit for specific rule violations,
14during imprisonment. These rules and regulations shall provide
15that no inmate may be penalized more than one year of sentence
16credit for any one infraction.
17    When the Department seeks to revoke, suspend or reduce the
18rate of accumulation of any sentence credits for an alleged
19infraction of its rules, it shall bring charges therefor
20against the prisoner sought to be so deprived of sentence
21credits before the Prisoner Review Board as provided in
22subparagraph (a)(4) of Section 3-3-2 of this Code, if the
23amount of credit at issue exceeds 30 days or when during any 12
24month period, the cumulative amount of credit revoked exceeds
2530 days except where the infraction is committed or discovered
26within 60 days of scheduled release. In those cases, the

 

 

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1Department of Corrections may revoke up to 30 days of sentence
2credit. The Board may subsequently approve the revocation of
3additional sentence credit, if the Department seeks to revoke
4sentence credit in excess of 30 days. However, the Board shall
5not be empowered to review the Department's decision with
6respect to the loss of 30 days of sentence credit within any
7calendar year for any prisoner or to increase any penalty
8beyond the length requested by the Department.
9    The Director of the Department of Corrections, in
10appropriate cases, may restore up to 30 days of sentence
11credits which have been revoked, suspended or reduced. Any
12restoration of sentence credits in excess of 30 days shall be
13subject to review by the Prisoner Review Board. However, the
14Board may not restore sentence credit in excess of the amount
15requested by the Director.
16    Nothing contained in this Section shall prohibit the
17Prisoner Review Board from ordering, pursuant to Section
183-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
19sentence imposed by the court that was not served due to the
20accumulation of sentence credit.
21    (d) If a lawsuit is filed by a prisoner in an Illinois or
22federal court against the State, the Department of Corrections,
23or the Prisoner Review Board, or against any of their officers
24or employees, and the court makes a specific finding that a
25pleading, motion, or other paper filed by the prisoner is
26frivolous, the Department of Corrections shall conduct a

 

 

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1hearing to revoke up to 180 days of sentence credit by bringing
2charges against the prisoner sought to be deprived of the
3sentence credits before the Prisoner Review Board as provided
4in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
5prisoner has not accumulated 180 days of sentence credit at the
6time of the finding, then the Prisoner Review Board may revoke
7all sentence credit accumulated by the prisoner.
8    For purposes of this subsection (d):
9        (1) "Frivolous" means that a pleading, motion, or other
10    filing which purports to be a legal document filed by a
11    prisoner in his or her lawsuit meets any or all of the
12    following criteria:
13            (A) it lacks an arguable basis either in law or in
14        fact;
15            (B) it is being presented for any improper purpose,
16        such as to harass or to cause unnecessary delay or
17        needless increase in the cost of litigation;
18            (C) the claims, defenses, and other legal
19        contentions therein are not warranted by existing law
20        or by a nonfrivolous argument for the extension,
21        modification, or reversal of existing law or the
22        establishment of new law;
23            (D) the allegations and other factual contentions
24        do not have evidentiary support or, if specifically so
25        identified, are not likely to have evidentiary support
26        after a reasonable opportunity for further

 

 

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1        investigation or discovery; or
2            (E) the denials of factual contentions are not
3        warranted on the evidence, or if specifically so
4        identified, are not reasonably based on a lack of
5        information or belief.
6        (2) "Lawsuit" means a motion pursuant to Section 116-3
7    of the Code of Criminal Procedure of 1963, a habeas corpus
8    action under Article X of the Code of Civil Procedure or
9    under federal law (28 U.S.C. 2254), a petition for claim
10    under the Court of Claims Act, an action under the federal
11    Civil Rights Act (42 U.S.C. 1983), or a second or
12    subsequent petition for post-conviction relief under
13    Article 122 of the Code of Criminal Procedure of 1963
14    whether filed with or without leave of court or a second or
15    subsequent petition for relief from judgment under Section
16    2-1401 of the Code of Civil Procedure.
17    (e) Nothing in Public Act 90-592 or 90-593 affects the
18validity of Public Act 89-404.
19    (f) Whenever the Department is to release any inmate who
20has been convicted of a violation of an order of protection
21under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
22the Criminal Code of 2012, earlier than it otherwise would
23because of a grant of sentence credit, the Department, as a
24condition of release, shall require that the person, upon
25release, be placed under electronic surveillance as provided in
26Section 5-8A-7 of this Code.

 

 

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1(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
296-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
37-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
4eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
597-1150, eff. 1-25-13.)
 
6    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
7    Sec. 5-5-3. Disposition.
8    (a) (Blank).
9    (b) (Blank).
10    (c) (1) (Blank).
11        (2) A period of probation, a term of periodic
12    imprisonment or conditional discharge shall not be imposed
13    for the following offenses. The court shall sentence the
14    offender to not less than the minimum term of imprisonment
15    set forth in this Code for the following offenses, and may
16    order a fine or restitution or both in conjunction with
17    such term of imprisonment:
18            (A) First degree murder where the death penalty is
19        not imposed.
20            (B) Attempted first degree murder.
21            (C) A Class X felony.
22            (D) A violation of Section 401.1 or 407 of the
23        Illinois Controlled Substances Act, or a violation of
24        subdivision (c)(1.5) or (c)(2) of Section 401 of that
25        Act which relates to more than 5 grams of a substance

 

 

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1        containing cocaine, fentanyl, or an analog thereof.
2            (D-5) A violation of subdivision (c)(1) of Section
3        401 of the Illinois Controlled Substances Act which
4        relates to 3 or more grams of a substance containing
5        heroin or an analog thereof.
6            (E) A violation of Section 5.1 or 9 of the Cannabis
7        Control Act.
8            (F) A Class 2 or greater felony if the offender had
9        been convicted of a Class 2 or greater felony,
10        including any state or federal conviction for an
11        offense that contained, at the time it was committed,
12        the same elements as an offense now (the date of the
13        offense committed after the prior Class 2 or greater
14        felony) classified as a Class 2 or greater felony,
15        within 10 years of the date on which the offender
16        committed the offense for which he or she is being
17        sentenced, except as otherwise provided in Section
18        40-10 of the Alcoholism and Other Drug Abuse and
19        Dependency Act.
20            (F-5) A violation of Section 24-1, 24-1.1, or
21        24-1.6, or 24-1.8 of the Criminal Code of 1961 or the
22        Criminal Code of 2012 for which imprisonment is
23        prescribed in those Sections.
24            (G) Residential burglary, except as otherwise
25        provided in Section 40-10 of the Alcoholism and Other
26        Drug Abuse and Dependency Act.

 

 

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1            (H) Criminal sexual assault.
2            (I) Aggravated battery of a senior citizen as
3        described in Section 12-4.6 or subdivision (a)(4) of
4        Section 12-3.05 of the Criminal Code of 1961 or the
5        Criminal Code of 2012.
6            (J) A forcible felony if the offense was related to
7        the activities of an organized gang.
8            Before July 1, 1994, for the purposes of this
9        paragraph, "organized gang" means an association of 5
10        or more persons, with an established hierarchy, that
11        encourages members of the association to perpetrate
12        crimes or provides support to the members of the
13        association who do commit crimes.
14            Beginning July 1, 1994, for the purposes of this
15        paragraph, "organized gang" has the meaning ascribed
16        to it in Section 10 of the Illinois Streetgang
17        Terrorism Omnibus Prevention Act.
18            (K) Vehicular hijacking.
19            (L) A second or subsequent conviction for the
20        offense of hate crime when the underlying offense upon
21        which the hate crime is based is felony aggravated
22        assault or felony mob action.
23            (M) A second or subsequent conviction for the
24        offense of institutional vandalism if the damage to the
25        property exceeds $300.
26            (N) A Class 3 felony violation of paragraph (1) of

 

 

HB2265- 44 -LRB098 10588 RLC 40850 b

1        subsection (a) of Section 2 of the Firearm Owners
2        Identification Card Act.
3            (O) A violation of Section 12-6.1 or 12-6.5 of the
4        Criminal Code of 1961 or the Criminal Code of 2012.
5            (P) A violation of paragraph (1), (2), (3), (4),
6        (5), or (7) of subsection (a) of Section 11-20.1 of the
7        Criminal Code of 1961 or the Criminal Code of 2012.
8            (Q) A violation of subsection (b) or (b-5) of
9        Section 20-1, Section 20-1.2, or Section 20-1.3 of the
10        Criminal Code of 1961 or the Criminal Code of 2012.
11            (R) A violation of Section 24-3A of the Criminal
12        Code of 1961 or the Criminal Code of 2012.
13            (S) (Blank).
14            (T) A second or subsequent violation of the
15        Methamphetamine Control and Community Protection Act.
16            (U) A second or subsequent violation of Section
17        6-303 of the Illinois Vehicle Code committed while his
18        or her driver's license, permit, or privilege was
19        revoked because of a violation of Section 9-3 of the
20        Criminal Code of 1961 or the Criminal Code of 2012,
21        relating to the offense of reckless homicide, or a
22        similar provision of a law of another state.
23            (V) A violation of paragraph (4) of subsection (c)
24        of Section 11-20.1B or paragraph (4) of subsection (c)
25        of Section 11-20.3 of the Criminal Code of 1961, or
26        paragraph (6) of subsection (a) of Section 11-20.1 of

 

 

HB2265- 45 -LRB098 10588 RLC 40850 b

1        the Criminal Code of 2012 when the victim is under 13
2        years of age and the defendant has previously been
3        convicted under the laws of this State or any other
4        state of the offense of child pornography, aggravated
5        child pornography, aggravated criminal sexual abuse,
6        aggravated criminal sexual assault, predatory criminal
7        sexual assault of a child, or any of the offenses
8        formerly known as rape, deviate sexual assault,
9        indecent liberties with a child, or aggravated
10        indecent liberties with a child where the victim was
11        under the age of 18 years or an offense that is
12        substantially equivalent to those offenses.
13            (W) A violation of Section 24-3.5 of the Criminal
14        Code of 1961 or the Criminal Code of 2012.
15            (X) A violation of subsection (a) of Section 31-1a
16        of the Criminal Code of 1961 or the Criminal Code of
17        2012.
18            (Y) A conviction for unlawful possession of a
19        firearm by a street gang member when the firearm was
20        loaded or contained firearm ammunition.
21            (Z) A Class 1 felony committed while he or she was
22        serving a term of probation or conditional discharge
23        for a felony.
24            (AA) Theft of property exceeding $500,000 and not
25        exceeding $1,000,000 in value.
26            (BB) Laundering of criminally derived property of

 

 

HB2265- 46 -LRB098 10588 RLC 40850 b

1        a value exceeding $500,000.
2            (CC) Knowingly selling, offering for sale, holding
3        for sale, or using 2,000 or more counterfeit items or
4        counterfeit items having a retail value in the
5        aggregate of $500,000 or more.
6            (DD) A conviction for aggravated assault under
7        paragraph (6) of subsection (c) of Section 12-2 of the
8        Criminal Code of 1961 or the Criminal Code of 2012 if
9        the firearm is aimed toward the person against whom the
10        firearm is being used.
11        (3) (Blank).
12        (4) A minimum term of imprisonment of not less than 10
13    consecutive days or 30 days of community service shall be
14    imposed for a violation of paragraph (c) of Section 6-303
15    of the Illinois Vehicle Code.
16        (4.1) (Blank).
17        (4.2) Except as provided in paragraphs (4.3) and (4.8)
18    of this subsection (c), a minimum of 100 hours of community
19    service shall be imposed for a second violation of Section
20    6-303 of the Illinois Vehicle Code.
21        (4.3) A minimum term of imprisonment of 30 days or 300
22    hours of community service, as determined by the court,
23    shall be imposed for a second violation of subsection (c)
24    of Section 6-303 of the Illinois Vehicle Code.
25        (4.4) Except as provided in paragraphs (4.5), (4.6),
26    and (4.9) of this subsection (c), a minimum term of

 

 

HB2265- 47 -LRB098 10588 RLC 40850 b

1    imprisonment of 30 days or 300 hours of community service,
2    as determined by the court, shall be imposed for a third or
3    subsequent violation of Section 6-303 of the Illinois
4    Vehicle Code.
5        (4.5) A minimum term of imprisonment of 30 days shall
6    be imposed for a third violation of subsection (c) of
7    Section 6-303 of the Illinois Vehicle Code.
8        (4.6) Except as provided in paragraph (4.10) of this
9    subsection (c), a minimum term of imprisonment of 180 days
10    shall be imposed for a fourth or subsequent violation of
11    subsection (c) of Section 6-303 of the Illinois Vehicle
12    Code.
13        (4.7) A minimum term of imprisonment of not less than
14    30 consecutive days, or 300 hours of community service,
15    shall be imposed for a violation of subsection (a-5) of
16    Section 6-303 of the Illinois Vehicle Code, as provided in
17    subsection (b-5) of that Section.
18        (4.8) A mandatory prison sentence shall be imposed for
19    a second violation of subsection (a-5) of Section 6-303 of
20    the Illinois Vehicle Code, as provided in subsection (c-5)
21    of that Section. The person's driving privileges shall be
22    revoked for a period of not less than 5 years from the date
23    of his or her release from prison.
24        (4.9) A mandatory prison sentence of not less than 4
25    and not more than 15 years shall be imposed for a third
26    violation of subsection (a-5) of Section 6-303 of the

 

 

HB2265- 48 -LRB098 10588 RLC 40850 b

1    Illinois Vehicle Code, as provided in subsection (d-2.5) of
2    that Section. The person's driving privileges shall be
3    revoked for the remainder of his or her life.
4        (4.10) A mandatory prison sentence for a Class 1 felony
5    shall be imposed, and the person shall be eligible for an
6    extended term sentence, for a fourth or subsequent
7    violation of subsection (a-5) of Section 6-303 of the
8    Illinois Vehicle Code, as provided in subsection (d-3.5) of
9    that Section. The person's driving privileges shall be
10    revoked for the remainder of his or her life.
11        (5) The court may sentence a corporation or
12    unincorporated association convicted of any offense to:
13            (A) a period of conditional discharge;
14            (B) a fine;
15            (C) make restitution to the victim under Section
16        5-5-6 of this Code.
17        (5.1) In addition to any other penalties imposed, and
18    except as provided in paragraph (5.2) or (5.3), a person
19    convicted of violating subsection (c) of Section 11-907 of
20    the Illinois Vehicle Code shall have his or her driver's
21    license, permit, or privileges suspended for at least 90
22    days but not more than one year, if the violation resulted
23    in damage to the property of another person.
24        (5.2) In addition to any other penalties imposed, and
25    except as provided in paragraph (5.3), a person convicted
26    of violating subsection (c) of Section 11-907 of the

 

 

HB2265- 49 -LRB098 10588 RLC 40850 b

1    Illinois Vehicle Code shall have his or her driver's
2    license, permit, or privileges suspended for at least 180
3    days but not more than 2 years, if the violation resulted
4    in injury to another person.
5        (5.3) In addition to any other penalties imposed, a
6    person convicted of violating subsection (c) of Section
7    11-907 of the Illinois Vehicle Code shall have his or her
8    driver's license, permit, or privileges suspended for 2
9    years, if the violation resulted in the death of another
10    person.
11        (5.4) In addition to any other penalties imposed, a
12    person convicted of violating Section 3-707 of the Illinois
13    Vehicle Code shall have his or her driver's license,
14    permit, or privileges suspended for 3 months and until he
15    or she has paid a reinstatement fee of $100.
16        (5.5) In addition to any other penalties imposed, a
17    person convicted of violating Section 3-707 of the Illinois
18    Vehicle Code during a period in which his or her driver's
19    license, permit, or privileges were suspended for a
20    previous violation of that Section shall have his or her
21    driver's license, permit, or privileges suspended for an
22    additional 6 months after the expiration of the original
23    3-month suspension and until he or she has paid a
24    reinstatement fee of $100.
25        (6) (Blank).
26        (7) (Blank).

 

 

HB2265- 50 -LRB098 10588 RLC 40850 b

1        (8) (Blank).
2        (9) A defendant convicted of a second or subsequent
3    offense of ritualized abuse of a child may be sentenced to
4    a term of natural life imprisonment.
5        (10) (Blank).
6        (11) The court shall impose a minimum fine of $1,000
7    for a first offense and $2,000 for a second or subsequent
8    offense upon a person convicted of or placed on supervision
9    for battery when the individual harmed was a sports
10    official or coach at any level of competition and the act
11    causing harm to the sports official or coach occurred
12    within an athletic facility or within the immediate
13    vicinity of the athletic facility at which the sports
14    official or coach was an active participant of the athletic
15    contest held at the athletic facility. For the purposes of
16    this paragraph (11), "sports official" means a person at an
17    athletic contest who enforces the rules of the contest,
18    such as an umpire or referee; "athletic facility" means an
19    indoor or outdoor playing field or recreational area where
20    sports activities are conducted; and "coach" means a person
21    recognized as a coach by the sanctioning authority that
22    conducted the sporting event.
23        (12) A person may not receive a disposition of court
24    supervision for a violation of Section 5-16 of the Boat
25    Registration and Safety Act if that person has previously
26    received a disposition of court supervision for a violation

 

 

HB2265- 51 -LRB098 10588 RLC 40850 b

1    of that Section.
2        (13) A person convicted of or placed on court
3    supervision for an assault or aggravated assault when the
4    victim and the offender are family or household members as
5    defined in Section 103 of the Illinois Domestic Violence
6    Act of 1986 or convicted of domestic battery or aggravated
7    domestic battery may be required to attend a Partner Abuse
8    Intervention Program under protocols set forth by the
9    Illinois Department of Human Services under such terms and
10    conditions imposed by the court. The costs of such classes
11    shall be paid by the offender.
12    (d) In any case in which a sentence originally imposed is
13vacated, the case shall be remanded to the trial court. The
14trial court shall hold a hearing under Section 5-4-1 of the
15Unified Code of Corrections which may include evidence of the
16defendant's life, moral character and occupation during the
17time since the original sentence was passed. The trial court
18shall then impose sentence upon the defendant. The trial court
19may impose any sentence which could have been imposed at the
20original trial subject to Section 5-5-4 of the Unified Code of
21Corrections. If a sentence is vacated on appeal or on
22collateral attack due to the failure of the trier of fact at
23trial to determine beyond a reasonable doubt the existence of a
24fact (other than a prior conviction) necessary to increase the
25punishment for the offense beyond the statutory maximum
26otherwise applicable, either the defendant may be re-sentenced

 

 

HB2265- 52 -LRB098 10588 RLC 40850 b

1to a term within the range otherwise provided or, if the State
2files notice of its intention to again seek the extended
3sentence, the defendant shall be afforded a new trial.
4    (e) In cases where prosecution for aggravated criminal
5sexual abuse under Section 11-1.60 or 12-16 of the Criminal
6Code of 1961 or the Criminal Code of 2012 results in conviction
7of a defendant who was a family member of the victim at the
8time of the commission of the offense, the court shall consider
9the safety and welfare of the victim and may impose a sentence
10of probation only where:
11        (1) the court finds (A) or (B) or both are appropriate:
12            (A) the defendant is willing to undergo a court
13        approved counseling program for a minimum duration of 2
14        years; or
15            (B) the defendant is willing to participate in a
16        court approved plan including but not limited to the
17        defendant's:
18                (i) removal from the household;
19                (ii) restricted contact with the victim;
20                (iii) continued financial support of the
21            family;
22                (iv) restitution for harm done to the victim;
23            and
24                (v) compliance with any other measures that
25            the court may deem appropriate; and
26        (2) the court orders the defendant to pay for the

 

 

HB2265- 53 -LRB098 10588 RLC 40850 b

1    victim's counseling services, to the extent that the court
2    finds, after considering the defendant's income and
3    assets, that the defendant is financially capable of paying
4    for such services, if the victim was under 18 years of age
5    at the time the offense was committed and requires
6    counseling as a result of the offense.
7    Probation may be revoked or modified pursuant to Section
85-6-4; except where the court determines at the hearing that
9the defendant violated a condition of his or her probation
10restricting contact with the victim or other family members or
11commits another offense with the victim or other family
12members, the court shall revoke the defendant's probation and
13impose a term of imprisonment.
14    For the purposes of this Section, "family member" and
15"victim" shall have the meanings ascribed to them in Section
1611-0.1 of the Criminal Code of 2012.
17    (f) (Blank).
18    (g) Whenever a defendant is convicted of an offense under
19Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2011-14.3, 11-14.4 except for an offense that involves keeping a
21place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2211-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2312-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
24Criminal Code of 2012, the defendant shall undergo medical
25testing to determine whether the defendant has any sexually
26transmissible disease, including a test for infection with

 

 

HB2265- 54 -LRB098 10588 RLC 40850 b

1human immunodeficiency virus (HIV) or any other identified
2causative agent of acquired immunodeficiency syndrome (AIDS).
3Any such medical test shall be performed only by appropriately
4licensed medical practitioners and may include an analysis of
5any bodily fluids as well as an examination of the defendant's
6person. Except as otherwise provided by law, the results of
7such test shall be kept strictly confidential by all medical
8personnel involved in the testing and must be personally
9delivered in a sealed envelope to the judge of the court in
10which the conviction was entered for the judge's inspection in
11camera. Acting in accordance with the best interests of the
12victim and the public, the judge shall have the discretion to
13determine to whom, if anyone, the results of the testing may be
14revealed. The court shall notify the defendant of the test
15results. The court shall also notify the victim if requested by
16the victim, and if the victim is under the age of 15 and if
17requested by the victim's parents or legal guardian, the court
18shall notify the victim's parents or legal guardian of the test
19results. The court shall provide information on the
20availability of HIV testing and counseling at Department of
21Public Health facilities to all parties to whom the results of
22the testing are revealed and shall direct the State's Attorney
23to provide the information to the victim when possible. A
24State's Attorney may petition the court to obtain the results
25of any HIV test administered under this Section, and the court
26shall grant the disclosure if the State's Attorney shows it is

 

 

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1relevant in order to prosecute a charge of criminal
2transmission of HIV under Section 12-5.01 or 12-16.2 of the
3Criminal Code of 1961 or the Criminal Code of 2012 against the
4defendant. The court shall order that the cost of any such test
5shall be paid by the county and may be taxed as costs against
6the convicted defendant.
7    (g-5) When an inmate is tested for an airborne communicable
8disease, as determined by the Illinois Department of Public
9Health including but not limited to tuberculosis, the results
10of the test shall be personally delivered by the warden or his
11or her designee in a sealed envelope to the judge of the court
12in which the inmate must appear for the judge's inspection in
13camera if requested by the judge. Acting in accordance with the
14best interests of those in the courtroom, the judge shall have
15the discretion to determine what if any precautions need to be
16taken to prevent transmission of the disease in the courtroom.
17    (h) Whenever a defendant is convicted of an offense under
18Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
19defendant shall undergo medical testing to determine whether
20the defendant has been exposed to human immunodeficiency virus
21(HIV) or any other identified causative agent of acquired
22immunodeficiency syndrome (AIDS). Except as otherwise provided
23by law, the results of such test shall be kept strictly
24confidential by all medical personnel involved in the testing
25and must be personally delivered in a sealed envelope to the
26judge of the court in which the conviction was entered for the

 

 

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1judge's inspection in camera. Acting in accordance with the
2best interests of the public, the judge shall have the
3discretion to determine to whom, if anyone, the results of the
4testing may be revealed. The court shall notify the defendant
5of a positive test showing an infection with the human
6immunodeficiency virus (HIV). The court shall provide
7information on the availability of HIV testing and counseling
8at Department of Public Health facilities to all parties to
9whom the results of the testing are revealed and shall direct
10the State's Attorney to provide the information to the victim
11when possible. A State's Attorney may petition the court to
12obtain the results of any HIV test administered under this
13Section, and the court shall grant the disclosure if the
14State's Attorney shows it is relevant in order to prosecute a
15charge of criminal transmission of HIV under Section 12-5.01 or
1612-16.2 of the Criminal Code of 1961 or the Criminal Code of
172012 against the defendant. The court shall order that the cost
18of any such test shall be paid by the county and may be taxed as
19costs against the convicted defendant.
20    (i) All fines and penalties imposed under this Section for
21any violation of Chapters 3, 4, 6, and 11 of the Illinois
22Vehicle Code, or a similar provision of a local ordinance, and
23any violation of the Child Passenger Protection Act, or a
24similar provision of a local ordinance, shall be collected and
25disbursed by the circuit clerk as provided under Section 27.5
26of the Clerks of Courts Act.

 

 

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1    (j) In cases when prosecution for any violation of Section
211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
311-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
411-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
511-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
612-15, or 12-16 of the Criminal Code of 1961 or the Criminal
7Code of 2012, any violation of the Illinois Controlled
8Substances Act, any violation of the Cannabis Control Act, or
9any violation of the Methamphetamine Control and Community
10Protection Act results in conviction, a disposition of court
11supervision, or an order of probation granted under Section 10
12of the Cannabis Control Act, Section 410 of the Illinois
13Controlled Substance Act, or Section 70 of the Methamphetamine
14Control and Community Protection Act of a defendant, the court
15shall determine whether the defendant is employed by a facility
16or center as defined under the Child Care Act of 1969, a public
17or private elementary or secondary school, or otherwise works
18with children under 18 years of age on a daily basis. When a
19defendant is so employed, the court shall order the Clerk of
20the Court to send a copy of the judgment of conviction or order
21of supervision or probation to the defendant's employer by
22certified mail. If the employer of the defendant is a school,
23the Clerk of the Court shall direct the mailing of a copy of
24the judgment of conviction or order of supervision or probation
25to the appropriate regional superintendent of schools. The
26regional superintendent of schools shall notify the State Board

 

 

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1of Education of any notification under this subsection.
2    (j-5) A defendant at least 17 years of age who is convicted
3of a felony and who has not been previously convicted of a
4misdemeanor or felony and who is sentenced to a term of
5imprisonment in the Illinois Department of Corrections shall as
6a condition of his or her sentence be required by the court to
7attend educational courses designed to prepare the defendant
8for a high school diploma and to work toward a high school
9diploma or to work toward passing the high school level Test of
10General Educational Development (GED) or to work toward
11completing a vocational training program offered by the
12Department of Corrections. If a defendant fails to complete the
13educational training required by his or her sentence during the
14term of incarceration, the Prisoner Review Board shall, as a
15condition of mandatory supervised release, require the
16defendant, at his or her own expense, to pursue a course of
17study toward a high school diploma or passage of the GED test.
18The Prisoner Review Board shall revoke the mandatory supervised
19release of a defendant who wilfully fails to comply with this
20subsection (j-5) upon his or her release from confinement in a
21penal institution while serving a mandatory supervised release
22term; however, the inability of the defendant after making a
23good faith effort to obtain financial aid or pay for the
24educational training shall not be deemed a wilful failure to
25comply. The Prisoner Review Board shall recommit the defendant
26whose mandatory supervised release term has been revoked under

 

 

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1this subsection (j-5) as provided in Section 3-3-9. This
2subsection (j-5) does not apply to a defendant who has a high
3school diploma or has successfully passed the GED test. This
4subsection (j-5) does not apply to a defendant who is
5determined by the court to be developmentally disabled or
6otherwise mentally incapable of completing the educational or
7vocational program.
8    (k) (Blank).
9    (l) (A) Except as provided in paragraph (C) of subsection
10    (l), whenever a defendant, who is an alien as defined by
11    the Immigration and Nationality Act, is convicted of any
12    felony or misdemeanor offense, the court after sentencing
13    the defendant may, upon motion of the State's Attorney,
14    hold sentence in abeyance and remand the defendant to the
15    custody of the Attorney General of the United States or his
16    or her designated agent to be deported when:
17            (1) a final order of deportation has been issued
18        against the defendant pursuant to proceedings under
19        the Immigration and Nationality Act, and
20            (2) the deportation of the defendant would not
21        deprecate the seriousness of the defendant's conduct
22        and would not be inconsistent with the ends of justice.
23        Otherwise, the defendant shall be sentenced as
24    provided in this Chapter V.
25        (B) If the defendant has already been sentenced for a
26    felony or misdemeanor offense, or has been placed on

 

 

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1    probation under Section 10 of the Cannabis Control Act,
2    Section 410 of the Illinois Controlled Substances Act, or
3    Section 70 of the Methamphetamine Control and Community
4    Protection Act, the court may, upon motion of the State's
5    Attorney to suspend the sentence imposed, commit the
6    defendant to the custody of the Attorney General of the
7    United States or his or her designated agent when:
8            (1) a final order of deportation has been issued
9        against the defendant pursuant to proceedings under
10        the Immigration and Nationality Act, and
11            (2) the deportation of the defendant would not
12        deprecate the seriousness of the defendant's conduct
13        and would not be inconsistent with the ends of justice.
14        (C) This subsection (l) does not apply to offenders who
15    are subject to the provisions of paragraph (2) of
16    subsection (a) of Section 3-6-3.
17        (D) Upon motion of the State's Attorney, if a defendant
18    sentenced under this Section returns to the jurisdiction of
19    the United States, the defendant shall be recommitted to
20    the custody of the county from which he or she was
21    sentenced. Thereafter, the defendant shall be brought
22    before the sentencing court, which may impose any sentence
23    that was available under Section 5-5-3 at the time of
24    initial sentencing. In addition, the defendant shall not be
25    eligible for additional sentence credit for good conduct as
26    provided under Section 3-6-3.

 

 

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1    (m) A person convicted of criminal defacement of property
2under Section 21-1.3 of the Criminal Code of 1961 or the
3Criminal Code of 2012, in which the property damage exceeds
4$300 and the property damaged is a school building, shall be
5ordered to perform community service that may include cleanup,
6removal, or painting over the defacement.
7    (n) The court may sentence a person convicted of a
8violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
9subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
10of 1961 or the Criminal Code of 2012 (i) to an impact
11incarceration program if the person is otherwise eligible for
12that program under Section 5-8-1.1, (ii) to community service,
13or (iii) if the person is an addict or alcoholic, as defined in
14the Alcoholism and Other Drug Abuse and Dependency Act, to a
15substance or alcohol abuse program licensed under that Act.
16    (o) Whenever a person is convicted of a sex offense as
17defined in Section 2 of the Sex Offender Registration Act, the
18defendant's driver's license or permit shall be subject to
19renewal on an annual basis in accordance with the provisions of
20license renewal established by the Secretary of State.
21(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
2296-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
231, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
24eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
2597-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
268-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,

 

 

HB2265- 62 -LRB098 10588 RLC 40850 b

1eff. 1-25-13.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.