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Sen. Antonio Muņoz
Filed: 1/10/2017
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1 | | AMENDMENT TO HOUSE BILL 242
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2 | | AMENDMENT NO. ______. Amend House Bill 242 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Criminal Identification Act is amended by |
5 | | changing Section 2.1 as follows:
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6 | | (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
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7 | | Sec. 2.1. For the purpose of maintaining complete and |
8 | | accurate
criminal records of the Department of State Police, it |
9 | | is necessary for all
policing bodies of this State, the clerk |
10 | | of the circuit court, the Illinois
Department of Corrections, |
11 | | the sheriff of each county, and State's Attorney
of each county |
12 | | to submit certain criminal arrest, charge, and disposition
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13 | | information to the Department for filing at the earliest time |
14 | | possible.
Unless otherwise noted herein, it shall be the duty |
15 | | of all policing bodies
of this State, the clerk of the circuit |
16 | | court, the Illinois Department of
Corrections, the sheriff of |
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1 | | each county, and the State's Attorney of each
county to report |
2 | | such information as provided in this Section, both in the
form |
3 | | and manner required by the Department and within 30 days of the
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4 | | criminal history event. Specifically:
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5 | | (a) Arrest Information. All agencies making arrests for |
6 | | offenses which
are required by statute to be collected, |
7 | | maintained or disseminated by the
Department of State Police |
8 | | shall be responsible
for furnishing daily to the Department |
9 | | fingerprints, charges and
descriptions of all persons who are |
10 | | arrested for such offenses. All such
agencies shall also notify |
11 | | the Department of all decisions by the arresting
agency not to |
12 | | refer
such arrests for prosecution. With approval of the |
13 | | Department, an agency
making such arrests may enter into
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14 | | arrangements with other agencies for the purpose of furnishing |
15 | | daily such
fingerprints, charges and descriptions to the |
16 | | Department upon its behalf.
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17 | | (b) Charge Information. The State's Attorney of each county |
18 | | shall notify
the Department of all charges filed and all |
19 | | petitions filed alleging that a
minor is delinquent, including |
20 | | all those added subsequent
to the filing of a case, and whether |
21 | | charges were not filed
in cases for which the Department has |
22 | | received information
required to be reported pursuant to |
23 | | paragraph (a) of this Section.
With approval of the Department, |
24 | | the State's Attorney may enter into
arrangements with other |
25 | | agencies for the
purpose of furnishing the information required |
26 | | by this subsection (b) to the
Department upon the State's |
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1 | | Attorney's behalf.
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2 | | (c) Disposition Information. The clerk of the circuit court |
3 | | of each county
shall furnish the Department, in the form and |
4 | | manner required by the Supreme
Court, with all final |
5 | | dispositions of cases for which the Department
has received |
6 | | information required to be reported pursuant to paragraph (a)
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7 | | or (d) of this Section. Such information shall include, for |
8 | | each charge,
all (1) judgments of not guilty, judgments of |
9 | | guilty including the sentence
pronounced by the court with |
10 | | statutory citations to the relevant sentencing provision ,
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11 | | findings that a minor is delinquent
and any sentence made based |
12 | | on those findings,
discharges and dismissals in the court; (2)
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13 | | reviewing court orders filed with the clerk of the circuit |
14 | | court which
reverse or remand a reported conviction
or findings |
15 | | that a minor is delinquent
or that vacate or modify a sentence
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16 | | or sentence made following a trial that a minor is
delinquent;
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17 | | (3)
continuances to a date certain in furtherance of an order |
18 | | of supervision
granted under Section 5-6-1 of the Unified Code |
19 | | of Corrections or an order
of probation granted under Section |
20 | | 10 of the Cannabis Control Act, Section
410 of the Illinois |
21 | | Controlled Substances Act, Section 70 of the Methamphetamine |
22 | | Control and Community Protection Act, Section 12-4.3 or |
23 | | subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of |
24 | | 1961 or the Criminal Code of 2012, Section 10-102 of the |
25 | | Illinois Alcoholism and
Other Drug Dependency Act, Section |
26 | | 40-10 of the Alcoholism and Other Drug
Abuse and Dependency |
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1 | | Act, Section 10 of the Steroid Control Act, or
Section 5-615 of |
2 | | the Juvenile Court Act of 1987; and
(4) judgments or court |
3 | | orders terminating or revoking a sentence
to or juvenile |
4 | | disposition of probation, supervision or conditional
discharge |
5 | | and any resentencing
or new court orders entered by a juvenile |
6 | | court relating to the disposition
of a minor's case involving |
7 | | delinquency
after such revocation.
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8 | | (d) Fingerprints After Sentencing.
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9 | | (1) After the court pronounces sentence,
sentences a |
10 | | minor following a trial in which a minor was found to be
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11 | | delinquent
or issues an order of supervision or an order of |
12 | | probation granted under
Section 10 of the Cannabis Control |
13 | | Act, Section 410 of the Illinois
Controlled Substances Act, |
14 | | Section 70 of the Methamphetamine Control and Community |
15 | | Protection Act, Section 12-4.3 or subdivision (b)(1) of |
16 | | Section 12-3.05 of the Criminal Code of
1961 or the |
17 | | Criminal Code of 2012, Section 10-102 of the Illinois |
18 | | Alcoholism and Other Drug Dependency
Act, Section 40-10 of |
19 | | the Alcoholism and Other Drug Abuse and Dependency
Act, |
20 | | Section 10 of the Steroid Control Act, or Section
5-615 of
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21 | | the Juvenile Court Act of 1987 for any offense which
is |
22 | | required by statute to be collected,
maintained, or |
23 | | disseminated by the Department of State Police, the State's
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24 | | Attorney of each county shall ask the court to order a law |
25 | | enforcement
agency to fingerprint immediately all persons |
26 | | appearing before the court
who have not previously been |
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1 | | fingerprinted for the same case. The court
shall so order |
2 | | the requested fingerprinting, if it determines that any |
3 | | such
person has not previously been fingerprinted for the |
4 | | same case. The law
enforcement agency shall submit such |
5 | | fingerprints to the Department daily.
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6 | | (2) After the court pronounces sentence or makes a |
7 | | disposition of a case
following a finding of delinquency |
8 | | for any offense which is not
required by statute to be |
9 | | collected, maintained, or disseminated by the
Department |
10 | | of State Police, the prosecuting attorney may ask the court |
11 | | to
order a law enforcement agency to fingerprint |
12 | | immediately all persons
appearing before the court who have |
13 | | not previously been fingerprinted for
the same case. The |
14 | | court may so order the requested fingerprinting, if it
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15 | | determines that any so sentenced person has not previously |
16 | | been
fingerprinted for the same case. The law enforcement |
17 | | agency may retain
such fingerprints in its files.
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18 | | (e) Corrections Information. The Illinois Department of |
19 | | Corrections and
the sheriff of each county shall furnish the |
20 | | Department with all information
concerning the receipt, |
21 | | escape, execution, death, release, pardon, parole,
commutation |
22 | | of sentence, granting of executive clemency or discharge of
an |
23 | | individual who has been sentenced or committed to the agency's |
24 | | custody
for any offenses
which are mandated by statute to be |
25 | | collected, maintained or disseminated
by the Department of |
26 | | State Police. For an individual who has been charged
with any |
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1 | | such offense and who escapes from custody or dies while in
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2 | | custody, all information concerning the receipt and escape or |
3 | | death,
whichever is appropriate, shall also be so furnished to |
4 | | the Department.
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5 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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6 | | Section 10. The Clerks of Courts Act is amended by changing |
7 | | Section 14 as follows:
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8 | | (705 ILCS 105/14) (from Ch. 25, par. 14)
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9 | | Sec. 14.
The clerks shall enter of record all judgments and |
10 | | orders of
their respective courts, as soon after the rendition |
11 | | or making thereof
as practicable.
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12 | | Immediately after a judgment of dissolution of marriage or |
13 | | declaration
of invalidity of marriage is
granted in this State, |
14 | | the clerk of the court which granted the judgment
of |
15 | | dissolution of marriage or declaration of invalidity of |
16 | | marriage shall
complete and sign the form
furnished by the |
17 | | Department of Public Health, and forward such form to
the |
18 | | Department of Public Health within 45 days after the close of |
19 | | the
month in which the judgment is rendered. |
20 | | The clerk of the circuit court of each county shall, on a |
21 | | monthly basis, provide electronic copies of sentencing orders |
22 | | of persons sentenced under Section 5-4.5-110 of the Unified |
23 | | Code of Corrections to the Sentencing Policy Advisory Council |
24 | | for the purposes of analysis and reporting.
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1 | | (Source: P.A. 83-346.)
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2 | | Section 15. The Criminal Code of 2012 is amended by |
3 | | changing Sections 24-1.1 and 24-1.6 as follows:
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4 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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5 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by |
6 | | Felons or
Persons in the Custody of the
Department of |
7 | | Corrections Facilities. |
8 | | (a) It is unlawful
for a person to knowingly possess on or |
9 | | about his person or on his land or
in his own abode or fixed |
10 | | place of business any weapon prohibited under
Section 24-1 of |
11 | | this Act or any firearm or any firearm ammunition if the
person |
12 | | has been convicted of a felony under the laws of this State or |
13 | | any
other jurisdiction. This Section shall not apply if the |
14 | | person has been
granted relief by the Director of the |
15 | | Department of State Police
under Section 10 of the Firearm |
16 | | Owners Identification
Card Act.
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17 | | (b) It is unlawful for any person confined in a penal |
18 | | institution,
which is a facility of the Illinois Department of |
19 | | Corrections, to possess
any weapon prohibited under Section |
20 | | 24-1 of this Code or any firearm or
firearm ammunition, |
21 | | regardless of the intent with which he possesses it.
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22 | | (c) It shall be an affirmative defense to a violation of |
23 | | subsection (b), that such possession was specifically |
24 | | authorized by rule,
regulation, or directive of the Illinois |
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1 | | Department of Corrections or order
issued pursuant thereto.
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2 | | (d) The defense of necessity is not available to a person |
3 | | who is charged
with a violation of subsection (b) of this |
4 | | Section.
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5 | | (e) Sentence. Violation of this Section by a person not |
6 | | confined
in a penal institution shall be a Class 3 felony
for |
7 | | which the person shall be sentenced to no less than 2 years and |
8 | | no
more than 10 years . A and any second or subsequent violation |
9 | | of this Section shall be a Class 2 felony for which the person |
10 | | shall be sentenced to a term of imprisonment of not less than 3 |
11 | | years and not more than 14 years , except as provided for in |
12 | | Section 5-4.5-110 of the Unified Code of Corrections . Violation |
13 | | of this Section by a person not confined in a
penal institution |
14 | | who has been convicted of a forcible felony, a felony
violation |
15 | | of Article 24 of this Code or of the Firearm Owners |
16 | | Identification
Card Act, stalking or aggravated stalking, or a |
17 | | Class 2 or greater felony
under the Illinois Controlled |
18 | | Substances Act, the Cannabis Control Act, or the |
19 | | Methamphetamine Control and Community Protection Act is a
Class |
20 | | 2 felony for which the person
shall be sentenced to not less |
21 | | than 3 years and not more than 14 years , except as provided for |
22 | | in Section 5-4.5-110 of the Unified Code of Corrections .
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23 | | Violation of this Section by a person who is on parole or |
24 | | mandatory supervised
release is a Class 2 felony for which the |
25 | | person shall be sentenced to not less than 3 years and not more |
26 | | than 14
years , except as provided for in Section 5-4.5-110 of |
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1 | | the Unified Code of Corrections . Violation of this Section by a |
2 | | person not confined in a penal
institution is a Class X felony |
3 | | when the firearm possessed is a machine gun.
Any person who |
4 | | violates this Section while confined in a penal
institution, |
5 | | which is a facility of the Illinois Department of
Corrections, |
6 | | is guilty of a Class 1
felony, if he possesses any weapon |
7 | | prohibited under Section 24-1 of this
Code regardless of the |
8 | | intent with which he possesses it, a Class X
felony if he |
9 | | possesses any firearm, firearm ammunition or explosive, and a
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10 | | Class X felony for which the offender shall be sentenced to not |
11 | | less than 12
years and not more than 50 years when the firearm |
12 | | possessed is a machine
gun. A violation of this Section while |
13 | | wearing or in possession of body armor as defined in Section |
14 | | 33F-1 is a Class X felony punishable by a term of imprisonment |
15 | | of not less than 10 years and not more than 40 years.
The |
16 | | possession of each firearm or firearm ammunition in violation |
17 | | of this Section constitutes a single and separate violation.
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18 | | (Source: P.A. 97-237, eff. 1-1-12.)
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19 | | (720 ILCS 5/24-1.6) |
20 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. |
21 | | (a) A person commits the offense of aggravated unlawful use |
22 | | of a weapon when
he or she knowingly: |
23 | | (1) Carries on or about his or her person or in any |
24 | | vehicle or concealed
on or about his or her person except |
25 | | when on his or her land or in his or her
abode, legal |
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1 | | dwelling, or fixed place of business, or on the land or in |
2 | | the legal dwelling of another person as an invitee with |
3 | | that person's permission, any pistol, revolver, stun gun or |
4 | | taser or
other firearm; or |
5 | | (2) Carries or possesses on or about his or her person, |
6 | | upon any public
street, alley, or other public lands within |
7 | | the corporate limits of a city,
village or incorporated |
8 | | town, except when an invitee thereon or therein, for
the |
9 | | purpose of the display of such weapon or the lawful |
10 | | commerce in weapons, or
except when on his or her own land |
11 | | or in his or her own abode, legal dwelling, or fixed place |
12 | | of
business, or on the land or in the legal dwelling of |
13 | | another person as an invitee with that person's permission, |
14 | | any pistol, revolver, stun gun or taser or other firearm; |
15 | | and |
16 | | (3) One of the following factors is present: |
17 | | (A) the firearm, other than a pistol, revolver, or |
18 | | handgun, possessed was uncased, loaded, and |
19 | | immediately accessible
at the time of the offense; or |
20 | | (A-5) the pistol, revolver, or handgun possessed |
21 | | was uncased, loaded, and immediately accessible
at the |
22 | | time of the offense and the person possessing the |
23 | | pistol, revolver, or handgun has not been issued a |
24 | | currently valid license under the Firearm Concealed |
25 | | Carry Act; or |
26 | | (B) the firearm, other than a pistol, revolver, or |
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1 | | handgun, possessed was uncased, unloaded, and the |
2 | | ammunition for
the weapon was immediately accessible |
3 | | at the time of the offense; or |
4 | | (B-5) the pistol, revolver, or handgun possessed |
5 | | was uncased, unloaded, and the ammunition for
the |
6 | | weapon was immediately accessible at the time of the |
7 | | offense and the person possessing the pistol, |
8 | | revolver, or handgun has not been issued a currently |
9 | | valid license under the Firearm Concealed Carry Act; or |
10 | | (C) the person possessing the firearm has not been |
11 | | issued a currently
valid Firearm Owner's |
12 | | Identification Card; or |
13 | | (D) the person possessing the weapon was |
14 | | previously adjudicated
a delinquent minor under the |
15 | | Juvenile Court Act of 1987 for an act that if
committed |
16 | | by an adult would be a felony; or |
17 | | (E) the person possessing the weapon was engaged in |
18 | | a misdemeanor
violation of the Cannabis
Control Act, in |
19 | | a misdemeanor violation of the Illinois Controlled |
20 | | Substances
Act, or in a misdemeanor violation of the |
21 | | Methamphetamine Control and Community Protection Act; |
22 | | or |
23 | | (F) (blank); or |
24 | | (G) the person possessing the weapon had an a order |
25 | | of protection issued
against him or her within the |
26 | | previous 2 years; or |
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1 | | (H) the person possessing the weapon was engaged in |
2 | | the commission or
attempted commission of
a |
3 | | misdemeanor involving the use or threat of violence |
4 | | against
the person or property of another; or |
5 | | (I) the person possessing the weapon was under 21 |
6 | | years of age and in
possession of a handgun, unless the |
7 | | person under 21
is engaged in lawful activities under |
8 | | the Wildlife Code or described in
subsection |
9 | | 24-2(b)(1), (b)(3), or 24-2(f). |
10 | | (a-5) "Handgun" as used in this Section has the meaning |
11 | | given to it in Section 5 of the Firearm Concealed Carry Act. |
12 | | (b) "Stun gun or taser" as used in this Section has the |
13 | | same definition
given to it in Section 24-1 of this Code. |
14 | | (c) This Section does not apply to or affect the |
15 | | transportation or
possession
of weapons that: |
16 | | (i) are broken down in a non-functioning state; or |
17 | | (ii) are not immediately accessible; or |
18 | | (iii) are unloaded and enclosed in a case, firearm |
19 | | carrying box,
shipping box, or other container by a person |
20 | | who has been issued a currently
valid Firearm Owner's
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21 | | Identification Card. |
22 | | (d) Sentence. |
23 | | (1) Aggravated unlawful use of a weapon is a Class 4 |
24 | | felony;
a second or subsequent offense is a Class 2 felony |
25 | | for which the person shall be sentenced to a term of |
26 | | imprisonment of not less than 3 years and not more than 7 |
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1 | | years , except as provided for in Section 5-4.5-110 of the |
2 | | Unified Code of Corrections . |
3 | | (2) Except as otherwise provided in paragraphs (3) and |
4 | | (4) of this subsection (d), a first offense of aggravated |
5 | | unlawful use of a weapon committed with a firearm by a |
6 | | person 18 years of age or older where the factors listed in |
7 | | both items (A) and (C) or both items (A-5) and (C) of |
8 | | paragraph (3) of subsection (a) are present is a Class 4 |
9 | | felony, for which the person shall be sentenced to a term |
10 | | of imprisonment of not less than one year and not more than |
11 | | 3 years. |
12 | | (3) Aggravated unlawful use of
a weapon by a person who |
13 | | has been previously
convicted of a felony in this State or |
14 | | another jurisdiction is a Class 2
felony for which the |
15 | | person shall be sentenced to a term of imprisonment of not |
16 | | less than 3 years and not more than 7 years , except as |
17 | | provided for in Section 5-4.5-110 of the Unified Code of |
18 | | Corrections . |
19 | | (4) Aggravated unlawful use of a weapon while wearing |
20 | | or in possession of body armor as defined in Section 33F-1 |
21 | | by a person who has not been issued a valid Firearms |
22 | | Owner's Identification Card in accordance with Section 5 of |
23 | | the Firearm Owners Identification Card Act is a Class X |
24 | | felony.
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25 | | (e) The possession of each firearm in violation of this |
26 | | Section constitutes a single and separate violation. |
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1 | | (Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.) |
2 | | Section 20. The Cannabis Control Act is amended by changing |
3 | | Sections 4, 5, 5.2, 8, 9, 10, and 10.3 as follows:
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4 | | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
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5 | | Sec. 4. It is unlawful for any person knowingly to possess |
6 | | cannabis. Any person
who violates this section with respect to:
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7 | | (a) not more than 10 grams of any substance containing |
8 | | cannabis is
guilty of a civil law violation punishable by a |
9 | | minimum fine of $100 and a maximum fine of $200. The |
10 | | proceeds of the fine shall be payable to the clerk of the |
11 | | circuit court. Within 30 days after the deposit of the |
12 | | fine, the clerk shall distribute the proceeds of the fine |
13 | | as follows: |
14 | | (1) $10 of the fine to the circuit clerk and $10 of |
15 | | the fine to the law enforcement agency that issued the |
16 | | citation; the proceeds of each $10 fine distributed to |
17 | | the circuit clerk and each $10 fine distributed to the |
18 | | law enforcement agency that issued the citation for the |
19 | | violation shall be used to defer the cost of automatic |
20 | | expungements under paragraph (2.5) of subsection (a) |
21 | | of Section 5.2 of the Criminal Identification Act; |
22 | | (2) $15 to the county to fund drug addiction |
23 | | services; |
24 | | (3) $10 to the Office of the State's Attorneys |
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1 | | Appellate Prosecutor for use in training programs; |
2 | | (4) $10 to the State's Attorney; and |
3 | | (5) any remainder of the fine to the law |
4 | | enforcement agency that issued the citation for the |
5 | | violation. |
6 | | With respect to funds designated for the Department of |
7 | | State Police, the moneys shall be remitted by the circuit |
8 | | court clerk to the Department of State Police within one |
9 | | month after receipt for deposit into the State Police |
10 | | Operations Assistance Fund. With respect to funds |
11 | | designated for the Department of Natural Resources, the |
12 | | Department of Natural Resources shall deposit the moneys |
13 | | into the Conservation Police Operations Assistance Fund;
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14 | | (b) more than 10 grams but not more than 30 grams of |
15 | | any substance
containing cannabis is guilty of a Class B |
16 | | misdemeanor;
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17 | | (c) more than 30 grams but not more than 100 grams of |
18 | | any substance
containing cannabis is guilty of a Class A |
19 | | misdemeanor ; provided, that if
any offense under this |
20 | | subsection (c) is a subsequent offense, the offender
shall |
21 | | be guilty of a Class 4 felony ;
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22 | | (d) more than 100 grams but not more than 500 grams of |
23 | | any substance
containing cannabis is guilty of a Class A |
24 | | misdemeanor 4 felony ; provided that if any
offense under |
25 | | this subsection (d) is a subsequent offense, the offender
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26 | | shall be guilty of a Class 4 3 felony;
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1 | | (e) more than 500 grams but not more than 2,000 grams |
2 | | of any substance
containing cannabis is guilty
of a Class 4 |
3 | | 3 felony;
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4 | | (f) more than 2,000 grams but not more than 5,000 grams |
5 | | of any
substance containing cannabis is guilty of a Class 3 |
6 | | 2 felony;
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7 | | (g) more than 5,000 grams of any substance containing |
8 | | cannabis is guilty
of a Class 2 1 felony.
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9 | | (Source: P.A. 99-697, eff. 7-29-16.)
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10 | | (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
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11 | | Sec. 5.
It is unlawful for any person knowingly to |
12 | | manufacture, deliver, or
possess with intent to deliver, or |
13 | | manufacture, cannabis. Any person who
violates this section |
14 | | with respect to:
|
15 | | (a) not more than 2.5 grams of any substance containing |
16 | | cannabis is
guilty of a Class B misdemeanor;
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17 | | (b) (blank); more than 2.5 grams but not more than 10 grams |
18 | | of any substance
containing cannabis is guilty of a Class A |
19 | | misdemeanor;
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20 | | (c) more than 2.5 10 grams but not more than 30 grams of |
21 | | any substance
containing cannabis is guilty of a Class A |
22 | | misdemeanor 4 felony ;
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23 | | (d) more than 30 grams but not more than 500 grams of any |
24 | | substance
containing cannabis is guilty of a Class 4 3 felony |
25 | | for which a fine not
to exceed $50,000 may be imposed;
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1 | | (e) more than 500 grams but not more than 2,000 grams of |
2 | | any substance
containing cannabis is guilty
of a Class 3 2 |
3 | | felony for which a fine not to exceed $100,000 may be
imposed;
|
4 | | (f) more than 2,000 grams but not more than 5,000 grams of |
5 | | any
substance containing cannabis is guilty of a Class 2 1 |
6 | | felony for which a
fine not to exceed $150,000 may be imposed;
|
7 | | (g) more than 5,000 grams of any substance containing |
8 | | cannabis is guilty
of a Class 1 X felony for which a fine not to |
9 | | exceed $200,000 may be imposed.
|
10 | | (Source: P.A. 90-397, eff. 8-15-97.)
|
11 | | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
|
12 | | Sec. 5.2. Delivery of cannabis on school grounds.
|
13 | | (a) Any person who violates subsection (e) of Section 5 in |
14 | | any school,
on the real property comprising any school, or any |
15 | | conveyance owned, leased
or contracted by a school to transport |
16 | | students to or from school or a
school related activity, or on |
17 | | any public way within
500 1,000 feet of the real property |
18 | | comprising any school, or in any conveyance
owned, leased or |
19 | | contracted by a school to transport students to or from
school |
20 | | or a school related activity, and at the time of the violation |
21 | | persons under the age of 18 are present, the offense is |
22 | | committed during school hours, or the offense is committed at |
23 | | times when persons under the age of 18 are reasonably expected |
24 | | to be present in the school, in the conveyance, on the real |
25 | | property, or on the public way, such as when after-school |
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1 | | activities are occurring, is guilty of a Class
2 1 felony, the |
2 | | fine for which shall not exceed $200,000;
|
3 | | (b) Any person who violates subsection (d) of Section 5 in |
4 | | any school,
on the real property comprising any school, or any |
5 | | conveyance owned, leased
or contracted by a school to transport |
6 | | students to or from school or a
school related activity, or on |
7 | | any public way within 500 1,000 feet of the real
property |
8 | | comprising any school, or in any conveyance owned, leased or
|
9 | | contracted by a school to transport students to or from school |
10 | | or a school
related activity, and at the time of the violation |
11 | | persons under the age of 18 are present, the offense is |
12 | | committed during school hours, or the offense is committed at |
13 | | times when persons under the age of 18 are reasonably expected |
14 | | to be present in the school, in the conveyance, on the real |
15 | | property, or on the public way, such as when after-school |
16 | | activities are occurring, is guilty of a Class 3 2 felony, the |
17 | | fine for which shall
not exceed $100,000;
|
18 | | (c) Any person who violates subsection (c) of Section 5 in |
19 | | any school,
on the real property comprising any school, or any |
20 | | conveyance owned, leased
or contracted by a school to transport |
21 | | students to or from school or a
school related activity, or on |
22 | | any public way within 500 1,000 feet of the real
property |
23 | | comprising any school, or in any conveyance owned, leased or
|
24 | | contracted by a school to transport students to or from school |
25 | | or a school
related activity, and at the time of the violation |
26 | | persons under the age of 18 are present, the offense is |
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1 | | committed during school hours, or the offense is committed at |
2 | | times when persons under the age of 18 are reasonably expected |
3 | | to be present in the school, in the conveyance, on the real |
4 | | property, or on the public way, such as when after-school |
5 | | activities are occurring, is guilty of a Class 4 3 felony, the |
6 | | fine for which shall
not exceed $50,000;
|
7 | | (d) Any person who violates subsection (a) (b) of Section 5 |
8 | | in any school,
on the real property comprising any school, or |
9 | | any conveyance owned, leased
or contracted by a school to |
10 | | transport students to or from school or a
school related |
11 | | activity, or on any public way within 500 1,000 feet of the |
12 | | real
property comprising any school, or in any conveyance |
13 | | owned, leased or
contracted by a school to transport students |
14 | | to or from school or a school
related activity, and at the time |
15 | | of the violation persons under the age of 18 are present, the |
16 | | offense is committed during school hours, or the offense is |
17 | | committed at times when persons under the age of 18 are |
18 | | reasonably expected to be present in the school, in the |
19 | | conveyance, on the real property, or on the public way, such as |
20 | | when after-school activities are occurring, is guilty of a |
21 | | Class A misdemeanor 4 felony , the fine for which shall
not |
22 | | exceed $25,000;
|
23 | | (e) (Blank). Any person who violates subsection (a) of |
24 | | Section 5 in any school,
on the real property comprising any |
25 | | school, or any conveyance owned, leased
or contracted by a |
26 | | school to transport students to or from school or a
school |
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1 | | related activity, on any public way within 1,000 feet of the |
2 | | real
property comprising any school, or any conveyance owned, |
3 | | leased or
contracted by a school to transport students to or |
4 | | from school or a school
related activity, is guilty of a Class |
5 | | A misdemeanor.
|
6 | | (Source: P.A. 87-544.)
|
7 | | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
|
8 | | Sec. 8. It is unlawful for any person knowingly to produce |
9 | | the
cannabis sativa plant or to possess such plants unless |
10 | | production or possession
has been authorized pursuant to the |
11 | | provisions of Section 11 or 15.2 of the Act.
Any person who |
12 | | violates this Section with respect to production or possession |
13 | | of:
|
14 | | (a) Not more than 20 5 plants is guilty of a Class A |
15 | | misdemeanor.
|
16 | | (b) (Blank). More than 5, but not more than 20 plants, is |
17 | | guilty
of a Class 4 felony.
|
18 | | (c) More than 20, but not more than 50 plants, is
guilty of |
19 | | a Class 4 3 felony.
|
20 | | (d) More than 50, but not more than 200 plants, is guilty |
21 | | of a Class 3 2 felony for which
a fine not to exceed $100,000 |
22 | | may be imposed and for which liability for
the cost of |
23 | | conducting the investigation and eradicating such plants may be
|
24 | | assessed. Compensation for expenses incurred in the |
25 | | enforcement of this
provision shall be transmitted to and |
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1 | | deposited in the treasurer's office
at the level of government |
2 | | represented by the Illinois law enforcement
agency whose |
3 | | officers or employees conducted the investigation or caused
the |
4 | | arrest or arrests leading to the prosecution, to be |
5 | | subsequently made
available to that law enforcement agency as |
6 | | expendable receipts for use in
the enforcement of laws |
7 | | regulating controlled substances and cannabis. If
such seizure |
8 | | was made by a combination of law enforcement personnel
|
9 | | representing different levels of government, the court levying |
10 | | the
assessment shall determine the allocation of such |
11 | | assessment. The proceeds
of assessment awarded to the State |
12 | | treasury shall be deposited in a special
fund known as the Drug |
13 | | Traffic Prevention Fund. |
14 | | (e) More than 200 plants is guilty of a Class 2 1 felony |
15 | | for which
a fine not to exceed $100,000 may be imposed and for |
16 | | which liability for
the cost of conducting the investigation |
17 | | and eradicating such plants may be
assessed. Compensation for |
18 | | expenses incurred in the enforcement of this
provision shall be |
19 | | transmitted to and deposited in the treasurer's office
at the |
20 | | level of government represented by the Illinois law enforcement
|
21 | | agency whose officers or employees conducted the investigation |
22 | | or caused
the arrest or arrests leading to the prosecution, to |
23 | | be subsequently made
available to that law enforcement agency |
24 | | as expendable receipts for use in
the enforcement of laws |
25 | | regulating controlled substances and cannabis. If
such seizure |
26 | | was made by a combination of law enforcement personnel
|
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1 | | representing different levels of government, the court levying |
2 | | the
assessment shall determine the allocation of such |
3 | | assessment. The proceeds
of assessment awarded to the State |
4 | | treasury shall be deposited in a special
fund known as the Drug |
5 | | Traffic Prevention Fund.
|
6 | | (Source: P.A. 98-1072, eff. 1-1-15 .)
|
7 | | (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
|
8 | | Sec. 9.
(a) Any person who engages in a calculated criminal
|
9 | | cannabis conspiracy, as defined in subsection (b), is guilty of |
10 | | a Class 4
3 felony, and fined not more than $200,000 and shall |
11 | | be subject to the
forfeitures prescribed in subsection (c); |
12 | | except that, if any person
engages in such offense after one or |
13 | | more prior convictions under this
Section, Section 4 (d), |
14 | | Section 5 (d), Section 8 (d) or any law of the United
States
or |
15 | | of any State relating to cannabis, or controlled substances as
|
16 | | defined in the Illinois Controlled Substances Act, in addition |
17 | | to the
fine and forfeiture authorized above, he shall be guilty |
18 | | of a Class 2 1
felony for which an offender may not be |
19 | | sentenced to death.
|
20 | | (b) For purposes of this section, a person engages in a |
21 | | calculated
criminal cannabis conspiracy when:
|
22 | | (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c)
or |
23 | | 8 (d) of this Act; and
|
24 | | (2) such violation is a part of a conspiracy undertaken or |
25 | | carried
on with 2 or more other persons; and
|
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1 | | (3) he obtains anything of value greater than $500 from, or
|
2 | | organizes, directs or finances such violation or conspiracy.
|
3 | | (c) Any person who is convicted under this Section of |
4 | | engaging in a
calculated criminal cannabis conspiracy shall |
5 | | forfeit to the State of
Illinois:
|
6 | | (1) the receipts obtained by him in such conspiracy; and
|
7 | | (2) any of his interests in, claims against, receipts from, |
8 | | or
property or rights of any kind affording a source of |
9 | | influence over,
such conspiracy.
|
10 | | (d) The circuit court may enter such injunctions, |
11 | | restraining
orders, directions, or prohibitions, or take such |
12 | | other actions,
including the acceptance of satisfactory |
13 | | performance bonds, in
connection with any property, claim, |
14 | | receipt, right or other interest
subject to forfeiture under |
15 | | this Section, as it deems proper.
|
16 | | (Source: P.A. 84-1233.)
|
17 | | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
|
18 | | Sec. 10. (a)
Whenever any person who has not previously |
19 | | been convicted of, or placed
on probation or court supervision |
20 | | for, any offense under this Act or any
law of the United States |
21 | | or of any State relating to cannabis, or controlled
substances |
22 | | as defined in the Illinois Controlled Substances Act, pleads
|
23 | | guilty to or is found guilty of violating Sections 4(a), 4(b), |
24 | | 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without |
25 | | entering a
judgment and with the consent of such person, |
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1 | | sentence him to probation.
|
2 | | (b) When a person is placed on probation, the court shall |
3 | | enter an order
specifying a period of probation of 24 months, |
4 | | and shall defer further
proceedings in
the case until the |
5 | | conclusion of the period or until the filing of a petition
|
6 | | alleging violation of a term or condition of probation.
|
7 | | (c) The conditions of probation shall be that the person: |
8 | | (1) not violate
any criminal statute of any jurisdiction; (2) |
9 | | refrain from possession of a
firearm
or other dangerous weapon; |
10 | | (3) submit to periodic drug testing at a time and in
a manner |
11 | | as ordered by the court, but no less than 3 times during the |
12 | | period of
the probation, with the cost of the testing to be |
13 | | paid by the probationer; and
(4) perform no less than 30 hours |
14 | | of community service, provided community
service is available |
15 | | in the jurisdiction and is funded and approved by the
county |
16 | | board.
|
17 | | (d) The court may, in addition to other conditions, require
|
18 | | that the person:
|
19 | | (1) make a report to and appear in person before or |
20 | | participate with the
court or such courts, person, or |
21 | | social service agency as directed by the
court in the order |
22 | | of probation;
|
23 | | (2) pay a fine and costs;
|
24 | | (3) work or pursue a course of study or vocational |
25 | | training;
|
26 | | (4) undergo medical or psychiatric treatment; or |
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1 | | treatment for drug
addiction or alcoholism;
|
2 | | (5) attend or reside in a facility established for the |
3 | | instruction or
residence of defendants on probation;
|
4 | | (6) support his dependents;
|
5 | | (7) refrain from possessing a firearm or other |
6 | | dangerous weapon;
|
7 | | (7-5) refrain from having in his or her body the |
8 | | presence of any illicit
drug prohibited by the Cannabis |
9 | | Control Act, the Illinois Controlled
Substances Act, or the |
10 | | Methamphetamine Control and Community Protection Act, |
11 | | unless prescribed by a physician, and submit samples of
his |
12 | | or her blood or urine or both for tests to determine the |
13 | | presence of any
illicit drug;
|
14 | | (8) and in addition, if a minor:
|
15 | | (i) reside with his parents or in a foster home;
|
16 | | (ii) attend school;
|
17 | | (iii) attend a non-residential program for youth;
|
18 | | (iv) contribute to his own support at home or in a |
19 | | foster home.
|
20 | | (e) Upon violation of a term or condition of probation, the
|
21 | | court
may enter a judgment on its original finding of guilt and |
22 | | proceed as otherwise
provided.
|
23 | | (f) Upon fulfillment of the terms and
conditions of |
24 | | probation, the court shall discharge such person and dismiss
|
25 | | the proceedings against him.
|
26 | | (g) A disposition of probation is considered to be a |
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1 | | conviction
for the purposes of imposing the conditions of |
2 | | probation and for appeal,
however, discharge and dismissal |
3 | | under this Section is not a conviction for
purposes of |
4 | | disqualification or disabilities imposed by law upon |
5 | | conviction of
a crime (including the additional penalty imposed |
6 | | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) |
7 | | of this Act).
|
8 | | (h) Discharge and dismissal under this Section,
Section 410 |
9 | | of the Illinois Controlled Substances Act, Section 70 of the |
10 | | Methamphetamine Control and Community Protection Act, Section |
11 | | 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or |
12 | | subsection (c) of Section 11-14 of the Criminal Code of 1961 or |
13 | | the Criminal Code of 2012 may occur only once
with respect to |
14 | | any person.
|
15 | | (i) If a person is convicted of an offense under this Act, |
16 | | the Illinois
Controlled Substances Act, or the Methamphetamine |
17 | | Control and Community Protection Act within 5 years
subsequent |
18 | | to a discharge and dismissal under this Section, the discharge |
19 | | and
dismissal under this Section shall be admissible in the |
20 | | sentencing proceeding
for that conviction
as a factor in |
21 | | aggravation.
|
22 | | (j) Notwithstanding subsection (a), before a person is |
23 | | sentenced to probation under this Section, the court may refer |
24 | | the person to the drug court established in that judicial |
25 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. |
26 | | The drug court team shall evaluate the person's likelihood of |
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1 | | successfully completing a sentence of probation under this |
2 | | Section and shall report the results of its evaluation to the |
3 | | court. If the drug court team finds that the person suffers |
4 | | from a substance abuse problem that makes him or her |
5 | | substantially unlikely to successfully complete a sentence of |
6 | | probation under this Section, then the drug court shall set |
7 | | forth its findings in the form of a written order, and the |
8 | | person shall not be sentenced to probation under this Section, |
9 | | but may be considered for the drug court program. |
10 | | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
|
11 | | (720 ILCS 550/10.3) (from Ch. 56 1/2, par. 710.3)
|
12 | | Sec. 10.3.
(a) Every person convicted of a violation of |
13 | | this Act, and
every person placed on probation, conditional |
14 | | discharge, supervision or
probation under Section 10 of this |
15 | | Act, shall be assessed for each offense
a sum fixed at:
|
16 | | (1) (Blank); $3,000 for a Class X felony;
|
17 | | (2) $2,000 for a Class 1 felony;
|
18 | | (3) $1,000 for a Class 2 felony;
|
19 | | (4) $500 for a Class 3 or Class 4 felony;
|
20 | | (5) $300 for a Class A misdemeanor;
|
21 | | (6) $200 for a Class B or Class C misdemeanor.
|
22 | | (b) The assessment under this Section is in addition to and |
23 | | not in lieu
of any fines, restitution costs, forfeitures or |
24 | | other assessments
authorized or required by law.
|
25 | | (c) As a condition of the assessment, the court may require |
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1 | | that payment
be made in specified installments or within a |
2 | | specified period of time. If
the assessment is not paid within |
3 | | the period of probation, conditional
discharge or supervision |
4 | | to which the defendant was originally sentenced,
the court may |
5 | | extend the period of probation, conditional discharge or
|
6 | | supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified |
7 | | Code of
Corrections, as applicable, until the assessment is |
8 | | paid or until
successful completion of public or community |
9 | | service set forth in
subsection (e) or the successful |
10 | | completion of the substance abuse
intervention or treatment |
11 | | program set forth in subsection (f). If a term
of probation, |
12 | | conditional discharge or supervision is not imposed, the
|
13 | | assessment shall be payable upon judgment or as directed by the |
14 | | court.
|
15 | | (d) If an assessment for a violation of this Act is imposed |
16 | | on an
organization, it is the duty of each individual |
17 | | authorized to make
disbursements of the assets of the |
18 | | organization to pay the assessment from
assets of the |
19 | | organization.
|
20 | | (e) A defendant who has been ordered to pay an assessment |
21 | | may petition
the court to convert all or part of the assessment |
22 | | into court-approved
public or community service. One hour of |
23 | | public or community service shall
be equivalent to $4 of |
24 | | assessment. The performance of this public or
community service |
25 | | shall be a condition of the probation, conditional
discharge or |
26 | | supervision and shall be in addition to the performance of any
|
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1 | | other period of public or community service ordered by the |
2 | | court or required
by law.
|
3 | | (f) The court may suspend the collection of the assessment |
4 | | imposed
under this Section; provided the defendant agrees to |
5 | | enter a substance
abuse intervention or treatment program |
6 | | approved by the court; and further
provided that the defendant |
7 | | agrees to pay for all or some portion of the
costs associated |
8 | | with the intervention or treatment program. In this case,
the |
9 | | collection of the assessment imposed under this Section shall |
10 | | be
suspended during the defendant's participation in the |
11 | | approved
intervention or treatment program. Upon successful
|
12 | | completion of the program, the defendant may apply to the court |
13 | | to reduce
the assessment imposed under this Section by any |
14 | | amount actually paid
by the defendant for his participation in |
15 | | the program. The court shall not
reduce the penalty under this |
16 | | subsection unless the defendant
establishes to the |
17 | | satisfaction of the court that he has successfully
completed |
18 | | the intervention or treatment program. If the defendant's
|
19 | | participation is for any reason terminated before his |
20 | | successful completion
of the intervention or treatment |
21 | | program, collection of the entire
assessment imposed under this |
22 | | Section shall be enforced. Nothing in this
Section shall be |
23 | | deemed to affect or suspend any other fines, restitution
costs, |
24 | | forfeitures or assessments imposed under this or any other Act.
|
25 | | (g) The court shall not impose more than one assessment per |
26 | | complaint,
indictment or information. If the person is |
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1 | | convicted of more than one
offense in a complaint, indictment |
2 | | or information, the assessment shall be
based on the highest |
3 | | class offense for which the person is convicted.
|
4 | | (h) All moneys collected under this Section shall be |
5 | | forwarded by the
clerk of the circuit court to the State |
6 | | Treasurer for deposit in the
Drug Treatment Fund and expended |
7 | | as provided in Section 411.2 of the
Illinois Controlled |
8 | | Substances Act.
|
9 | | (Source: P.A. 87-772.)
|
10 | | Section 25. The Illinois Controlled Substances Act is |
11 | | amended by changing Sections 401, 401.1, 401.5, 402, 404, 405, |
12 | | 405.2, 406, 406.1, 406.2, 407, 407.2, and 411.2 as follows:
|
13 | | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
|
14 | | Sec. 401. Manufacture or delivery, or possession with |
15 | | intent to
manufacture or deliver, a controlled substance, a |
16 | | counterfeit substance, or controlled substance analog. Except |
17 | | as authorized by this Act, it is unlawful for any
person |
18 | | knowingly to manufacture or deliver, or possess with intent to
|
19 | | manufacture or deliver, a controlled substance other than |
20 | | methamphetamine and other than bath salts as defined in the |
21 | | Bath Salts Prohibition Act sold or offered for sale in a retail |
22 | | mercantile establishment as defined in Section 16-0.1 of the |
23 | | Criminal Code of 2012, a counterfeit substance, or a controlled
|
24 | | substance analog. A violation of this Act with respect to each |
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1 | | of the controlled
substances listed herein constitutes a single |
2 | | and separate violation of this
Act. For purposes of this |
3 | | Section, "controlled substance analog" or "analog"
means a |
4 | | substance, other than a controlled substance, that has a |
5 | | chemical structure substantially similar to that of a |
6 | | controlled
substance in Schedule I or II, or that was |
7 | | specifically designed to produce
an effect substantially |
8 | | similar to that of a controlled substance in Schedule
I or II. |
9 | | Examples of chemical classes in which controlled substance |
10 | | analogs
are found include, but are not limited to, the |
11 | | following: phenethylamines,
N-substituted piperidines, |
12 | | morphinans, ecgonines, quinazolinones, substituted
indoles, |
13 | | and arylcycloalkylamines. For purposes of this Act, a |
14 | | controlled
substance analog shall be treated in the same manner |
15 | | as the controlled
substance to which it is substantially |
16 | | similar.
|
17 | | (a) Any person who violates this Section with respect to |
18 | | the following
amounts of controlled or counterfeit substances |
19 | | or controlled substance
analogs, notwithstanding any of the |
20 | | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the |
21 | | contrary, is guilty of a Class 1 X felony
and shall be |
22 | | sentenced to a term of imprisonment as provided in this |
23 | | subsection
(a) and fined as provided in subsection (b):
|
24 | | (1) (A) not less than 6 years and not more than 30 |
25 | | years with respect
to 15 grams or more but less than |
26 | | 100 grams of a substance containing
heroin, or an |
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1 | | analog thereof;
|
2 | | (B) not less than 9 years and not more than 40 |
3 | | years with respect to 100
grams or more but less than |
4 | | 400 grams of a substance containing heroin, or
an |
5 | | analog thereof;
|
6 | | (C) not less than 12 years and not more than 50 |
7 | | years with respect to
400 grams or more but less than |
8 | | 900 grams of a substance containing heroin,
or an |
9 | | analog thereof;
|
10 | | (D) not less than 15 years and not more than 60 |
11 | | years with respect to
900 grams or more of any |
12 | | substance containing heroin, or an analog thereof;
|
13 | | (1.5) (A) not less than 6 years and not more than 30 |
14 | | years with respect to 15 grams or more but less than |
15 | | 100 grams of a substance containing fentanyl, or an |
16 | | analog thereof; |
17 | | (B) not less than 9 years and not more than 40 |
18 | | years with respect to 100 grams or more but less than |
19 | | 400 grams of a substance containing fentanyl, or an |
20 | | analog thereof; |
21 | | (C) not less than 12 years and not more than 50 |
22 | | years with respect to 400 grams or more but less than |
23 | | 900 grams of a substance containing fentanyl, or an |
24 | | analog thereof; |
25 | | (D) not less than 15 years and not more than 60 |
26 | | years with respect to 900 grams or more of a substance |
|
| | 09900HB0242sam001 | - 33 - | LRB099 05745 RLC 52256 a |
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|
1 | | containing fentanyl, or an analog thereof; |
2 | | (2) (A) not less than 6 years and not more than 30 |
3 | | years with respect
to 15 grams or more but less than |
4 | | 100 grams of a substance containing
cocaine, or an |
5 | | analog thereof;
|
6 | | (B) not less than 9 years and not more than 40 |
7 | | years with respect to 100
grams or more but less than |
8 | | 400 grams of a substance containing cocaine, or
an |
9 | | analog thereof;
|
10 | | (C) not less than 12 years and not more than 50 |
11 | | years with respect to
400 grams or more but less than |
12 | | 900 grams of a substance containing cocaine,
or an |
13 | | analog thereof;
|
14 | | (D) not less than 15 years and not more than 60 |
15 | | years with respect to
900 grams or more of any |
16 | | substance containing cocaine, or an analog thereof;
|
17 | | (3) (A) not less than 6 years and not more than 30 |
18 | | years with respect
to 15 grams or more but less than |
19 | | 100 grams of a substance containing
morphine, or an |
20 | | analog thereof;
|
21 | | (B) not less than 9 years and not more than 40 |
22 | | years with respect to
100 grams or more but less than |
23 | | 400 grams of a substance containing morphine,
or an |
24 | | analog thereof;
|
25 | | (C) not less than 12 years and not more than 50 |
26 | | years with respect to
400 grams or more but less than |
|
| | 09900HB0242sam001 | - 34 - | LRB099 05745 RLC 52256 a |
|
|
1 | | 900 grams of a substance containing
morphine, or an |
2 | | analog thereof;
|
3 | | (D) not less than 15 years and not more than 60 |
4 | | years with respect to
900 grams or more of a substance |
5 | | containing morphine, or an analog thereof;
|
6 | | (4) 200 grams or more of any substance containing |
7 | | peyote, or an
analog thereof;
|
8 | | (5) 200 grams or more of any substance containing a |
9 | | derivative of
barbituric acid or any of the salts of a |
10 | | derivative of barbituric acid, or
an analog thereof;
|
11 | | (6) 200 grams or more of any substance containing |
12 | | amphetamine
or any salt of an optical isomer of |
13 | | amphetamine,
or an analog thereof;
|
14 | | (6.5) (blank);
|
15 | | (6.6) (blank);
|
16 | | (7) (A) not less than 6 years and not more than 30 |
17 | | years with respect
to: (i) 15 grams or more but less |
18 | | than 100 grams of a substance containing
lysergic acid |
19 | | diethylamide (LSD), or an analog thereof, or (ii) 15 or
|
20 | | more objects or 15 or more segregated parts of an |
21 | | object or objects but
less than 200 objects or 200 |
22 | | segregated parts of an object or objects
containing in |
23 | | them or having upon them any amounts of any substance
|
24 | | containing lysergic acid diethylamide (LSD), or an |
25 | | analog thereof;
|
26 | | (B) not less than 9 years and not more than 40 |
|
| | 09900HB0242sam001 | - 35 - | LRB099 05745 RLC 52256 a |
|
|
1 | | years with respect
to: (i) 100 grams or more but less |
2 | | than 400 grams of a substance containing
lysergic acid |
3 | | diethylamide (LSD), or an analog thereof, or (ii) 200 |
4 | | or more
objects or 200 or more segregated parts of an |
5 | | object or objects but less
than 600 objects or less |
6 | | than 600 segregated parts of an object or objects
|
7 | | containing in them or having upon them any amount of |
8 | | any substance
containing lysergic acid diethylamide |
9 | | (LSD), or an analog thereof;
|
10 | | (C) not less than 12 years and not more than 50 |
11 | | years with respect
to: (i) 400 grams or more but less |
12 | | than 900 grams of a substance containing
lysergic acid |
13 | | diethylamide (LSD), or an analog thereof, or (ii) 600 |
14 | | or more
objects or 600 or more segregated parts of an |
15 | | object or objects but less
than 1500 objects or 1500 |
16 | | segregated parts of an object or objects
containing in |
17 | | them or having upon them any amount of any substance
|
18 | | containing lysergic acid diethylamide (LSD), or an |
19 | | analog thereof;
|
20 | | (D) not less than 15 years and not more than 60 |
21 | | years with respect
to: (i) 900 grams or more of any |
22 | | substance containing lysergic acid
diethylamide (LSD), |
23 | | or an analog thereof, or (ii) 1500 or more objects or
|
24 | | 1500 or more segregated parts of an object or objects |
25 | | containing in them or
having upon them any amount of a |
26 | | substance containing lysergic acid
diethylamide (LSD), |
|
| | 09900HB0242sam001 | - 36 - | LRB099 05745 RLC 52256 a |
|
|
1 | | or an analog thereof;
|
2 | | (7.5) (A) not less than 6 years and not more than 30 |
3 | | years with respect
to:
(i) 15
grams or more but less |
4 | | than 100 grams of a substance listed in paragraph (1),
|
5 | | (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), |
6 | | (21), (25), or (26) of subsection
(d) of Section 204, |
7 | | or an analog or derivative thereof, or (ii) 15 or more
|
8 | | pills, tablets, caplets, capsules, or objects but less |
9 | | than 200 pills, tablets,
caplets, capsules, or objects |
10 | | containing in them or having upon them any
amounts of |
11 | | any substance listed in paragraph (1), (2), (2.1), |
12 | | (2.2), (3), (14.1),
(19), (20), (20.1), (21), (25), or |
13 | | (26) of subsection (d) of Section 204, or
an analog or |
14 | | derivative thereof;
|
15 | | (B) not less than 9 years and not more than 40 |
16 | | years with respect to:
(i) 100 grams or more but less |
17 | | than 400 grams of a substance listed in
paragraph (1), |
18 | | (2), (2.1), (2.2), (3), (14.1), (19), (20),
(20.1), |
19 | | (21), (25), or (26) of subsection (d) of Section 204, |
20 | | or an analog or
derivative thereof, or (ii) 200 or more |
21 | | pills, tablets, caplets, capsules, or
objects but less |
22 | | than 600 pills, tablets, caplets, capsules, or objects
|
23 | | containing in them or having upon them any amount of |
24 | | any substance listed in
paragraph (1), (2), (2.1), |
25 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or |
26 | | (26)
of subsection (d) of Section 204, or an analog or |
|
| | 09900HB0242sam001 | - 37 - | LRB099 05745 RLC 52256 a |
|
|
1 | | derivative thereof;
|
2 | | (C) not less than 12 years and not more than 50 |
3 | | years with respect to:
(i) 400 grams or more but less |
4 | | than 900 grams of a substance listed in
paragraph (1), |
5 | | (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), |
6 | | (21), (25), or (26)
of subsection (d) of Section 204, |
7 | | or an analog or derivative thereof,
or (ii) 600 or more |
8 | | pills, tablets, caplets, capsules, or objects but less |
9 | | than
1,500 pills, tablets, caplets, capsules, or |
10 | | objects
containing in them or having upon them any |
11 | | amount of any substance listed in
paragraph (1), (2), |
12 | | (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), |
13 | | (25), or (26)
of subsection (d) of Section 204, or an |
14 | | analog or derivative thereof;
|
15 | | (D) not less than 15 years and not more than 60 |
16 | | years with respect to:
(i) 900 grams or more of any |
17 | | substance listed in paragraph (1), (2), (2.1),
(2.2), |
18 | | (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of |
19 | | subsection (d) of
Section 204, or an analog or |
20 | | derivative thereof, or (ii) 1,500 or more pills,
|
21 | | tablets, caplets, capsules, or objects containing in |
22 | | them or having upon them
any amount
of a substance |
23 | | listed in paragraph (1), (2), (2.1), (2.2), (3), |
24 | | (14.1), (19),
(20), (20.1), (21), (25), or (26)
of |
25 | | subsection (d) of Section 204, or an analog or |
26 | | derivative thereof;
|
|
| | 09900HB0242sam001 | - 38 - | LRB099 05745 RLC 52256 a |
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|
1 | | (8) 30 grams or more of any substance containing |
2 | | pentazocine or any of
the salts, isomers and salts of |
3 | | isomers of pentazocine, or an analog thereof;
|
4 | | (9) 30 grams or more of any substance containing |
5 | | methaqualone or any of
the salts, isomers and salts of |
6 | | isomers of methaqualone, or an analog thereof;
|
7 | | (10) 30 grams or more of any substance containing |
8 | | phencyclidine or any
of the salts, isomers and salts of |
9 | | isomers of phencyclidine (PCP),
or an analog thereof;
|
10 | | (10.5) 30 grams or more of any substance containing |
11 | | ketamine
or any of the salts, isomers and salts of isomers |
12 | | of ketamine,
or an analog thereof;
|
13 | | (10.6) 100 grams or more of any substance containing |
14 | | hydrocodone, or any of the salts, isomers and salts of |
15 | | isomers of hydrocodone, or an analog thereof; |
16 | | (10.7) 100 grams or more of any substance containing |
17 | | dihydrocodeinone, or any of the salts, isomers and salts of |
18 | | isomers of dihydrocodeinone, or an analog thereof; |
19 | | (10.8) 100 grams or more of any substance containing |
20 | | dihydrocodeine, or any of the salts, isomers and salts of |
21 | | isomers of dihydrocodeine, or an analog thereof; |
22 | | (10.9) 100 grams or more of any substance containing |
23 | | oxycodone, or any of the salts, isomers and salts of |
24 | | isomers of oxycodone, or an analog thereof; |
25 | | (11) 200 grams or more of any substance containing any |
26 | | other controlled
substance classified in Schedules I or II, |
|
| | 09900HB0242sam001 | - 39 - | LRB099 05745 RLC 52256 a |
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|
1 | | or an analog thereof, which is
not otherwise included in |
2 | | this subsection.
|
3 | | (b) Any person sentenced with respect to violations of |
4 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) |
5 | | involving
100 grams or
more of the
controlled substance named |
6 | | therein, may in addition to the penalties
provided therein, be |
7 | | fined an amount not more than $500,000 or the full
street value |
8 | | of the controlled or counterfeit substance or controlled |
9 | | substance
analog, whichever is greater. The term "street value" |
10 | | shall have the
meaning ascribed in Section 110-5 of the Code of |
11 | | Criminal Procedure of
1963. Any person sentenced with respect |
12 | | to any other provision of
subsection (a), may in addition to |
13 | | the penalties provided therein, be fined
an amount not to |
14 | | exceed $500,000. |
15 | | (b-1) Excluding violations of this Act when the controlled |
16 | | substance is fentanyl, any person sentenced to a term of |
17 | | imprisonment with respect to violations of Section 401, 401.1, |
18 | | 405, 405.1, 405.2, or 407, when the substance containing the |
19 | | controlled substance contains any amount of fentanyl, 3 years |
20 | | shall be added to the term of imprisonment imposed by the |
21 | | court, and the maximum sentence for the offense shall be |
22 | | increased by 3 years.
|
23 | | (c) Any person who violates this Section with regard to the
|
24 | | following amounts of controlled or counterfeit substances
or |
25 | | controlled substance analogs, notwithstanding any of the |
26 | | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) |
|
| | 09900HB0242sam001 | - 40 - | LRB099 05745 RLC 52256 a |
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|
1 | | to the
contrary, is guilty of a Class 2 1 felony. The fine for |
2 | | violation of this
subsection (c) shall not be more than |
3 | | $250,000:
|
4 | | (1) 1 gram or more but less than 15 grams of any
|
5 | | substance containing heroin, or an analog thereof;
|
6 | | (1.5) 1 gram or more but less than 15 grams of any |
7 | | substance containing fentanyl, or an analog thereof; |
8 | | (2) 1 gram or more but less than 15
grams of any |
9 | | substance containing cocaine, or an analog thereof;
|
10 | | (3) 10 grams or more but less than 15 grams of any |
11 | | substance
containing morphine, or an analog thereof;
|
12 | | (4) 50 grams or more but less than 200 grams of any |
13 | | substance
containing peyote, or an analog thereof;
|
14 | | (5) 50 grams or more but less than 200 grams of any |
15 | | substance
containing a derivative of barbituric acid or any |
16 | | of the salts of a
derivative of barbituric acid, or an |
17 | | analog thereof;
|
18 | | (6) 50 grams or more but less than 200 grams of any |
19 | | substance
containing amphetamine or any salt of an optical |
20 | | isomer
of amphetamine, or an analog thereof;
|
21 | | (6.5) (blank);
|
22 | | (7) (i) 5 grams or more but less than 15 grams of any |
23 | | substance
containing lysergic acid diethylamide (LSD), or |
24 | | an analog thereof,
or (ii)
more than 10 objects or more |
25 | | than 10 segregated parts of an object or objects
but less |
26 | | than 15 objects or less than 15 segregated parts of an |
|
| | 09900HB0242sam001 | - 41 - | LRB099 05745 RLC 52256 a |
|
|
1 | | object
containing in them or having upon them any amount of |
2 | | any substance
containing lysergic acid diethylamide (LSD), |
3 | | or an analog thereof;
|
4 | | (7.5) (i) 5 grams or more but less than 15 grams of any |
5 | | substance listed
in paragraph (1), (2), (2.1), (2.2), (3), |
6 | | (14.1), (19), (20), (20.1), (21), (25), or
(26) of |
7 | | subsection (d) of Section 204, or an analog or derivative |
8 | | thereof, or
(ii) more than 10 pills, tablets, caplets, |
9 | | capsules, or objects but less than
15 pills, tablets, |
10 | | caplets, capsules, or objects containing in them or having
|
11 | | upon them any amount of any substance listed in paragraph |
12 | | (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), |
13 | | (21), (25), or (26) of subsection (d) of
Section 204, or an |
14 | | analog or derivative thereof;
|
15 | | (8) 10 grams or more but less than 30 grams of any |
16 | | substance
containing pentazocine or any of the salts, |
17 | | isomers and salts of isomers of
pentazocine, or an analog |
18 | | thereof;
|
19 | | (9) 10 grams or more but less than 30 grams of any |
20 | | substance
containing methaqualone or any of the salts, |
21 | | isomers and salts of isomers
of methaqualone, or an analog |
22 | | thereof;
|
23 | | (10) 10 grams or more but less than 30 grams of any |
24 | | substance
containing phencyclidine or any of the salts, |
25 | | isomers and salts of isomers
of phencyclidine (PCP), or an |
26 | | analog thereof;
|
|
| | 09900HB0242sam001 | - 42 - | LRB099 05745 RLC 52256 a |
|
|
1 | | (10.5) 10 grams or more but less than 30 grams of any |
2 | | substance
containing ketamine or any of the salts, isomers |
3 | | and salts of
isomers of ketamine, or an analog thereof;
|
4 | | (10.6) 50 grams or more but less than 100 grams of any |
5 | | substance containing hydrocodone, or any of the salts, |
6 | | isomers and salts of isomers of hydrocodone, or an analog |
7 | | thereof; |
8 | | (10.7) 50 grams or more but less than 100 grams of any |
9 | | substance containing dihydrocodeinone, or any of the |
10 | | salts, isomers and salts of isomers of dihydrocodeinone, or |
11 | | an analog thereof; |
12 | | (10.8) 50 grams or more but less than 100 grams of any |
13 | | substance containing dihydrocodeine, or any of the salts, |
14 | | isomers and salts of isomers of dihydrocodeine, or an |
15 | | analog thereof; |
16 | | (10.9) 50 grams or more but less than 100 grams of any |
17 | | substance containing oxycodone, or any of the salts, |
18 | | isomers and salts of isomers of oxycodone, or an analog |
19 | | thereof; |
20 | | (11) 50 grams or more but less than 200 grams of any |
21 | | substance
containing a substance classified in Schedules I |
22 | | or II, or an analog
thereof, which is not otherwise |
23 | | included in this subsection.
|
24 | | (c-5) (Blank).
|
25 | | (d) Any person who violates this Section with regard to any |
26 | | other
amount of a controlled or counterfeit substance |
|
| | 09900HB0242sam001 | - 43 - | LRB099 05745 RLC 52256 a |
|
|
1 | | containing dihydrocodeinone or dihydrocodeine or classified in
|
2 | | Schedules I or II, or an analog thereof, which is (i) a |
3 | | narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an |
4 | | analog thereof,
(iii) any
substance containing amphetamine or |
5 | | fentanyl or any salt or optical
isomer of amphetamine or |
6 | | fentanyl, or an analog thereof, or (iv) any
substance |
7 | | containing N-Benzylpiperazine (BZP) or any salt or optical
|
8 | | isomer of N-Benzylpiperazine (BZP), or an analog thereof, is |
9 | | guilty
of a Class 3 2 felony. The fine for violation of this |
10 | | subsection (d) shall
not be more than $200,000.
|
11 | | (d-5) (Blank).
|
12 | | (e) Any person who violates this Section with regard to any |
13 | | other
amount of a controlled substance other than |
14 | | methamphetamine or counterfeit substance classified in
|
15 | | Schedule I or II, or an analog thereof, which substance is not
|
16 | | included under subsection (d) of this Section, is
guilty of a |
17 | | Class 4 3 felony. The fine for violation of this subsection (e)
|
18 | | shall not be more than $150,000.
|
19 | | (f) Any person who violates this Section with regard to any |
20 | | other
amount of a controlled or counterfeit substance |
21 | | classified in
Schedule III is guilty of a Class 4 3 felony. The |
22 | | fine for violation of
this subsection (f) shall not be more |
23 | | than $125,000.
|
24 | | (g) Any person who violates this Section with regard to any |
25 | | other
amount of a controlled or counterfeit substance |
26 | | classified
in Schedule IV is guilty of a Class 4 3 felony. The |
|
| | 09900HB0242sam001 | - 44 - | LRB099 05745 RLC 52256 a |
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|
1 | | fine for violation of
this subsection (g) shall not be more |
2 | | than $100,000.
|
3 | | (h) Any person who violates this Section with regard to any |
4 | | other
amount of a controlled or counterfeit substance |
5 | | classified in
Schedule V is guilty of a Class 4 3 felony. The |
6 | | fine for violation of this
subsection (h) shall not be more |
7 | | than $75,000.
|
8 | | (i) This Section does not apply to the manufacture, |
9 | | possession or
distribution of a substance in conformance with |
10 | | the provisions of an approved
new drug application or an |
11 | | exemption for investigational use within the
meaning of Section |
12 | | 505 of the Federal Food, Drug and Cosmetic Act.
|
13 | | (j) (Blank).
|
14 | | (Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17 .)
|
15 | | (720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
|
16 | | Sec. 401.1. Controlled Substance Trafficking.
|
17 | | (a) Except for
purposes as authorized by this Act, any |
18 | | person who knowingly brings or
causes to be brought into this |
19 | | State for the purpose of manufacture or
delivery or with the |
20 | | intent to manufacture or deliver a controlled substance other |
21 | | than methamphetamine or
counterfeit substance in this or any |
22 | | other state or country is guilty
of controlled substance |
23 | | trafficking.
|
24 | | (b) A person convicted of controlled substance trafficking |
25 | | shall be
sentenced to a term of imprisonment not less than |
|
| | 09900HB0242sam001 | - 45 - | LRB099 05745 RLC 52256 a |
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|
1 | | twice the minimum term
and fined an amount as authorized by |
2 | | Section 401 of this Act, based upon
the amount of controlled or |
3 | | counterfeit substance brought or caused to be
brought into this |
4 | | State, and not more than twice the maximum term of
imprisonment |
5 | | and fined twice the amount as authorized by Section 401 of
this |
6 | | Act, based upon the amount of controlled or counterfeit |
7 | | substance
brought or caused to be brought into this State.
|
8 | | (c) It shall be a Class 3 2 felony for which a fine not to |
9 | | exceed
$100,000 may be imposed for any person to knowingly use |
10 | | a cellular radio
telecommunication device in the furtherance of |
11 | | controlled substance
trafficking. This penalty shall be in |
12 | | addition to any other penalties
imposed by law.
|
13 | | (Source: P.A. 94-556, eff. 9-11-05.)
|
14 | | (720 ILCS 570/401.5)
|
15 | | Sec. 401.5. Chemical breakdown of illicit controlled |
16 | | substance.
|
17 | | (a) It is unlawful for any person to manufacture a |
18 | | controlled substance
other than methamphetamine prohibited by |
19 | | this Act by chemically deriving the controlled substance from
|
20 | | one or more other controlled substances prohibited by this Act.
|
21 | | (a-5) It is unlawful for any person to possess any |
22 | | substance with the
intent to
use the substance to facilitate |
23 | | the manufacture of any controlled substance other than |
24 | | methamphetamine, any
counterfeit
substance, or any
controlled |
25 | | substance analog other than as authorized by this
Act.
|
|
| | 09900HB0242sam001 | - 46 - | LRB099 05745 RLC 52256 a |
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|
1 | | (b) A violation of this Section is a Class A misdemeanor 4 |
2 | | felony .
|
3 | | (c) (Blank).
|
4 | | (Source: P.A. 94-556, eff. 9-11-05.)
|
5 | | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
|
6 | | Sec. 402. Except as otherwise authorized by this Act, it is |
7 | | unlawful for
any person knowingly to possess a controlled or |
8 | | counterfeit substance or controlled substance analog.
A |
9 | | violation of this Act with respect to each of the controlled |
10 | | substances
listed herein constitutes a single and separate |
11 | | violation of this Act. For purposes of this Section, |
12 | | "controlled substance analog" or "analog"
means a substance, |
13 | | other than a controlled substance, that has a chemical |
14 | | structure substantially similar to that of a controlled
|
15 | | substance in Schedule I or II, or that was specifically |
16 | | designed to produce
an effect substantially similar to that of |
17 | | a controlled substance in Schedule
I or II. Examples of |
18 | | chemical classes in which controlled substance analogs
are |
19 | | found include, but are not limited to, the following: |
20 | | phenethylamines,
N-substituted piperidines, morphinans, |
21 | | ecgonines, quinazolinones, substituted
indoles, and |
22 | | arylcycloalkylamines. For purposes of this Act, a controlled
|
23 | | substance analog shall be treated in the same manner as the |
24 | | controlled
substance to which it is substantially similar.
|
25 | | (a) Any person who violates this Section with respect to |
|
| | 09900HB0242sam001 | - 47 - | LRB099 05745 RLC 52256 a |
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|
1 | | the following
controlled or counterfeit substances and |
2 | | amounts, notwithstanding any of the
provisions of subsections |
3 | | (c) and (d) to the
contrary, is guilty of a Class 2 1 felony and |
4 | | shall, if sentenced to a term
of imprisonment, be sentenced as |
5 | | provided in this subsection (a) and fined
as provided in |
6 | | subsection (b):
|
7 | | (1) (A) not less than 4 years and not more than 15 |
8 | | years with respect
to 15 grams or more but less than |
9 | | 100 grams of a substance containing heroin;
|
10 | | (B) not less than 6 years and not more than 30 |
11 | | years with respect to 100
grams or more but less than |
12 | | 400 grams of a substance containing heroin;
|
13 | | (C) not less than 8 years and not more than 40 |
14 | | years with respect to 400
grams or more but less than |
15 | | 900 grams of any substance containing heroin;
|
16 | | (D) not less than 10 years and not more than 50 |
17 | | years with respect to
900 grams or more of any |
18 | | substance containing heroin;
|
19 | | (2) (A) not less than 4 years and not more than 15 |
20 | | years with respect
to 15 grams or more but less than |
21 | | 100 grams of any substance containing
cocaine;
|
22 | | (B) not less than 6 years and not more than 30 |
23 | | years with respect to 100
grams or more but less than |
24 | | 400 grams of any substance containing cocaine;
|
25 | | (C) not less than 8 years and not more than 40 |
26 | | years with respect to 400
grams or more but less than |
|
| | 09900HB0242sam001 | - 48 - | LRB099 05745 RLC 52256 a |
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|
1 | | 900 grams of any substance containing cocaine;
|
2 | | (D) not less than 10 years and not more than 50 |
3 | | years with respect to
900 grams or more of any |
4 | | substance containing cocaine;
|
5 | | (3) (A) not less than 4 years and not more than 15 |
6 | | years with respect
to 15 grams or more but less than |
7 | | 100 grams of any substance containing
morphine;
|
8 | | (B) not less than 6 years and not more than 30 |
9 | | years with respect to 100
grams or more but less than |
10 | | 400 grams of any substance containing morphine;
|
11 | | (C) not less than 6 years and not more than 40 |
12 | | years with respect to 400
grams or more but less than |
13 | | 900 grams of any substance containing morphine;
|
14 | | (D) not less than 10 years and not more than 50 |
15 | | years with respect to
900 grams or more of any |
16 | | substance containing morphine;
|
17 | | (4) 200 grams or more of any substance containing |
18 | | peyote;
|
19 | | (5) 200 grams or more of any substance containing a |
20 | | derivative of
barbituric acid or any of the salts of a |
21 | | derivative of barbituric acid;
|
22 | | (6) 200 grams or more of any substance containing |
23 | | amphetamine or any salt
of an optical isomer of |
24 | | amphetamine;
|
25 | | (6.5) (blank);
|
26 | | (7) (A) not less than 4 years and not more than 15 |
|
| | 09900HB0242sam001 | - 49 - | LRB099 05745 RLC 52256 a |
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|
1 | | years with respect
to: (i) 15 grams or more but less |
2 | | than 100 grams of any substance containing
lysergic |
3 | | acid diethylamide (LSD), or an analog thereof, or (ii) |
4 | | 15 or
more objects or 15 or more segregated parts of an |
5 | | object or objects but
less than 200 objects or 200 |
6 | | segregated parts of an object or objects
containing in |
7 | | them or having upon them any amount of any substance
|
8 | | containing lysergic acid diethylamide (LSD), or an |
9 | | analog thereof;
|
10 | | (B) not less than 6 years and not more than 30 |
11 | | years with respect
to: (i) 100 grams or more but less |
12 | | than 400 grams of any substance
containing lysergic |
13 | | acid diethylamide (LSD), or an analog thereof, or (ii)
|
14 | | 200 or more objects or 200 or more segregated parts of |
15 | | an object or objects
but less than 600 objects or less |
16 | | than 600 segregated parts of an object or
objects |
17 | | containing in them or having upon them any amount of |
18 | | any substance
containing lysergic acid diethylamide |
19 | | (LSD), or an analog thereof;
|
20 | | (C) not less than 8 years and not more than 40 |
21 | | years with respect
to: (i) 400 grams or more but less |
22 | | than 900 grams of any substance
containing lysergic |
23 | | acid diethylamide (LSD), or an analog thereof, or (ii)
|
24 | | 600 or more objects or 600 or more segregated parts of |
25 | | an object or objects
but less than 1500 objects or 1500 |
26 | | segregated parts of an object or objects
containing in |
|
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|
1 | | them or having upon them any amount of any substance
|
2 | | containing lysergic acid diethylamide (LSD), or an |
3 | | analog thereof;
|
4 | | (D) not less than 10 years and not more than 50 |
5 | | years with respect
to: (i) 900 grams or more of any |
6 | | substance containing lysergic acid
diethylamide (LSD), |
7 | | or an analog thereof, or (ii) 1500 or more objects or
|
8 | | 1500 or more segregated parts of an object or objects |
9 | | containing in them or
having upon them any amount of a |
10 | | substance containing lysergic acid
diethylamide (LSD), |
11 | | or an analog thereof;
|
12 | | (7.5) (A) not less than 4 years and not more than 15 |
13 | | years with respect
to: (i) 15
grams or more but
less |
14 | | than 100 grams of any substance listed in paragraph |
15 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), |
16 | | (20.1), (21), (25), or (26) of subsection (d) of |
17 | | Section 204, or an
analog or derivative
thereof, or |
18 | | (ii) 15 or more pills, tablets, caplets, capsules, or |
19 | | objects but
less than 200 pills,
tablets, caplets, |
20 | | capsules, or objects containing in them or having upon |
21 | | them
any amount of any
substance listed in paragraph |
22 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
23 | | (20.1),
(21), (25), or (26) of
subsection (d) of |
24 | | Section 204, or an analog or derivative thereof;
|
25 | | (B) not less than 6 years and not more than 30 |
26 | | years with respect to: (i)
100
grams or more but
less |
|
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|
1 | | than 400 grams of any substance listed in paragraph |
2 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
|
3 | | (20.1), (21), (25), or (26) of subsection (d) of |
4 | | Section 204, or an analog or
derivative thereof, or
|
5 | | (ii) 200 or more pills, tablets, caplets, capsules, or |
6 | | objects but less than
600
pills, tablets,
caplets, |
7 | | capsules, or objects containing in them or having upon |
8 | | them any amount
of any
substance
listed in paragraph |
9 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
10 | | (20.1), (21),
(25), or (26) of subsection
(d) of |
11 | | Section 204, or an analog or derivative thereof;
|
12 | | (C) not less than 8 years and not more than 40 |
13 | | years with respect to: (i)
400
grams or more but
less |
14 | | than 900 grams of any substance listed in paragraph |
15 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
|
16 | | (20.1), (21), (25), or (26) of subsection (d) of |
17 | | Section 204, or an analog or
derivative thereof,
or |
18 | | (ii) 600 or more pills, tablets, caplets, capsules, or |
19 | | objects but less than
1,500 pills, tablets,
caplets, |
20 | | capsules, or objects containing in them or having upon |
21 | | them any amount
of any
substance listed in paragraph |
22 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
23 | | (20.1),
(21), (25), or (26) of
subsection (d) of |
24 | | Section 204, or an analog or derivative thereof;
|
25 | | (D) not less than 10 years and not more than 50 |
26 | | years with respect to:
(i)
900 grams or more of
any |
|
| | 09900HB0242sam001 | - 52 - | LRB099 05745 RLC 52256 a |
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|
1 | | substance listed in paragraph (1), (2), (2.1), (2.2), |
2 | | (3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of |
3 | | subsection (d) of Section 204, or an analog or |
4 | | derivative thereof, or (ii)
1,500 or more pills,
|
5 | | tablets, caplets, capsules, or objects containing in |
6 | | them or having upon them
any amount of a
substance |
7 | | listed in paragraph (1), (2), (2.1), (2.2), (3), |
8 | | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
|
9 | | subsection (d) of Section 204, or an analog or |
10 | | derivative thereof;
|
11 | | (8) 30 grams or more of any substance containing |
12 | | pentazocine or any of
the salts, isomers and salts of |
13 | | isomers of pentazocine, or an analog thereof;
|
14 | | (9) 30 grams or more of any substance containing |
15 | | methaqualone or any
of the salts, isomers and salts of |
16 | | isomers of methaqualone;
|
17 | | (10) 30 grams or more of any substance containing |
18 | | phencyclidine or any
of the salts, isomers and salts of |
19 | | isomers of phencyclidine (PCP);
|
20 | | (10.5) 30 grams or more of any substance containing |
21 | | ketamine or any of
the salts, isomers and salts of isomers |
22 | | of ketamine;
|
23 | | (11) 200 grams or more of any substance containing any |
24 | | substance
classified as a narcotic drug in Schedules I or |
25 | | II, or an analog thereof, which is not otherwise
included |
26 | | in this subsection.
|
|
| | 09900HB0242sam001 | - 53 - | LRB099 05745 RLC 52256 a |
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|
1 | | (b) Any person sentenced with respect to violations of |
2 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) |
3 | | involving 100
grams or more of the
controlled substance named |
4 | | therein, may in addition to the penalties
provided therein, be |
5 | | fined an amount not to exceed $200,000 or the full
street value |
6 | | of the controlled or counterfeit substances, whichever is
|
7 | | greater. The term "street value" shall have the meaning
|
8 | | ascribed in Section 110-5 of the Code of Criminal Procedure of |
9 | | 1963. Any
person sentenced with respect to any other provision |
10 | | of subsection (a), may
in addition to the penalties provided |
11 | | therein, be fined an amount not to
exceed $200,000.
|
12 | | (c) Any person who violates this Section with regard to an |
13 | | amount
of a controlled substance other than methamphetamine or |
14 | | counterfeit substance not set forth in
subsection (a) or (d) is |
15 | | guilty of a Class A misdemeanor 4 felony . The fine for a
|
16 | | violation punishable under this subsection (c) shall not be |
17 | | more
than $25,000.
|
18 | | (d) Any person who violates this Section with regard to any |
19 | | amount of
anabolic steroid is guilty of a Class C misdemeanor
|
20 | | for the first offense and a Class B misdemeanor for a |
21 | | subsequent offense
committed within 2 years of a prior |
22 | | conviction.
|
23 | | (Source: P.A. 99-371, eff. 1-1-16 .)
|
24 | | (720 ILCS 570/404) (from Ch. 56 1/2, par. 1404)
|
25 | | Sec. 404. (a) For the purposes of this Section:
|
|
| | 09900HB0242sam001 | - 54 - | LRB099 05745 RLC 52256 a |
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|
1 | | (1) "Advertise" means the attempt, by publication, |
2 | | dissemination, solicitation
or circulation, to induce |
3 | | directly or indirectly any person to acquire,
or enter into |
4 | | an obligation to acquire, any substance within the scope of |
5 | | this Section.
|
6 | | (2) "Distribute" has the meaning ascribed to it in |
7 | | subsection (s) of Section
102 of this Act but as relates to |
8 | | look-alike substances.
|
9 | | (3) "Manufacture" means the producing, preparing, |
10 | | compounding, processing,
encapsulating, packaging, |
11 | | repackaging, labeling or relabeling of a look-alike |
12 | | substance.
|
13 | | (b) It is unlawful for any person knowingly to manufacture, |
14 | | distribute,
advertise, or possess with intent to manufacture or |
15 | | distribute a look-alike
substance. Any person who violates this |
16 | | subsection (b) shall be guilty of
a Class 4 3 felony, the fine |
17 | | for which shall not exceed $150,000.
|
18 | | (c) It is unlawful for any person knowingly to possess a |
19 | | look-alike substance.
Any person who violates this subsection |
20 | | (c) is guilty of a petty offense.
Any person convicted of a |
21 | | subsequent offense under this subsection (c) shall
be guilty of |
22 | | a Class C misdemeanor.
|
23 | | (d) In any prosecution brought under this Section, it is |
24 | | not a defense
to a violation of this Section that the defendant |
25 | | believed the look-alike
substance actually to be a controlled |
26 | | substance.
|
|
| | 09900HB0242sam001 | - 55 - | LRB099 05745 RLC 52256 a |
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|
1 | | (e) Nothing in this Section applies to:
|
2 | | (1) The manufacture, processing, packaging, |
3 | | distribution or sale of noncontrolled
substances to |
4 | | licensed medical practitioners for use as placebos in |
5 | | professional
practice or research.
|
6 | | (2) Persons acting in the course and legitimate scope |
7 | | of their employment
as law enforcement officers.
|
8 | | (3) The retention of production samples of |
9 | | noncontrolled substances produced
prior to the effective |
10 | | date of this amendatory Act of 1982, where such samples
are |
11 | | required by federal law.
|
12 | | (f) Nothing in this Section or in this Act applies to the |
13 | | lawful manufacture,
processing, packaging, advertising or |
14 | | distribution of a drug or drugs by
any person registered |
15 | | pursuant to Section 510 of the Federal Food, Drug,
and Cosmetic |
16 | | Act (21 U.S.C. 360).
|
17 | | (Source: P.A. 83-1362 .)
|
18 | | (720 ILCS 570/405) (from Ch. 56 1/2, par. 1405)
|
19 | | Sec. 405.
(a) Any person who engages in a calculated |
20 | | criminal drug
conspiracy, as defined in subsection (b), is |
21 | | guilty of a Class 1 X felony.
The fine for violation of this |
22 | | Section shall not be more than $500,000, and
the offender shall |
23 | | be subject to the forfeitures prescribed in subsection
(c).
|
24 | | (b) For purposes of this section, a person engages in a |
25 | | calculated
criminal drug conspiracy when:
|
|
| | 09900HB0242sam001 | - 56 - | LRB099 05745 RLC 52256 a |
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|
1 | | (1) he or she violates any of the provisions of |
2 | | subsection
(a) or (c) of
Section 401 or subsection (a) of |
3 | | Section 402; and
|
4 | | (2) such violation is a part of a conspiracy undertaken |
5 | | or carried
on with two or more other persons; and
|
6 | | (3) he or she obtains anything of value greater than |
7 | | $500 from, or
organizes, directs or finances such violation |
8 | | or conspiracy.
|
9 | | (c) Any person who is convicted under this section of |
10 | | engaging in a
calculated criminal drug conspiracy shall forfeit |
11 | | to the State of
Illinois:
|
12 | | (1) the receipts obtained by him or her in such |
13 | | conspiracy; and
|
14 | | (2) any of his or her interests in, claims against, |
15 | | receipts from, or
property or rights of any kind affording |
16 | | a source of influence over,
such conspiracy.
|
17 | | (d) The circuit court may enter such injunctions, |
18 | | restraining
orders, directions or prohibitions, or to take such |
19 | | other actions,
including the acceptance of satisfactory |
20 | | performance bonds, in
connection with any property, claim, |
21 | | receipt, right or other interest
subject to forfeiture under |
22 | | this Section, as it deems proper.
|
23 | | (Source: P.A. 97-334, eff. 1-1-12.)
|
24 | | (720 ILCS 570/405.2)
|
25 | | Sec. 405.2. Streetgang criminal drug conspiracy.
|
|
| | 09900HB0242sam001 | - 57 - | LRB099 05745 RLC 52256 a |
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|
1 | | (a) Any person who
engages in a streetgang criminal drug |
2 | | conspiracy, as
defined in this Section, is guilty of a Class 1 |
3 | | X felony for which the
offender shall be sentenced to a term of |
4 | | imprisonment as follows:
|
5 | | (1) not less than 15 years and not more than 60 years |
6 | | for a violation of
subsection (a) of Section 401;
|
7 | | (2) not less than 10 years and not more than 30 years |
8 | | for a violation of
subsection (c) of Section 401 .
|
9 | | For the purposes of this Section, a person engages in a |
10 | | streetgang
criminal drug conspiracy when:
|
11 | | (i) he or she violates any of the provisions of |
12 | | subsection (a) or (c)
of Section 401 of this Act or any |
13 | | provision of the Methamphetamine Control and Community |
14 | | Protection Act; and
|
15 | | (ii) such violation is part of a conspiracy undertaken |
16 | | or carried out with
2 or more other persons; and
|
17 | | (iii) such conspiracy is in furtherance of the |
18 | | activities of an organized
gang as defined in the Illinois |
19 | | Streetgang Terrorism Omnibus Prevention Act;
and
|
20 | | (iv) he or she occupies a position of organizer, a |
21 | | supervising person, or
any other position of management |
22 | | with those persons identified in clause (ii)
of this |
23 | | subsection (a).
|
24 | | The fine for a violation of this Section shall not be more |
25 | | than
$500,000, and the offender shall be subject to the
|
26 | | forfeitures prescribed in subsection (b).
|
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| | 09900HB0242sam001 | - 58 - | LRB099 05745 RLC 52256 a |
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|
1 | | (b) Subject to the provisions of Section 8 of the Drug |
2 | | Asset Forfeiture
Procedure Act, any person who is convicted |
3 | | under this Section of engaging in a
streetgang criminal drug |
4 | | conspiracy shall forfeit to the State of
Illinois:
|
5 | | (1) the receipts obtained by him or her in such |
6 | | conspiracy; and
|
7 | | (2) any of his or her interests in, claims against, |
8 | | receipts from, or
property or rights of any kind affording |
9 | | a source of influence over,
such conspiracy.
|
10 | | (c) The circuit court may enter such injunctions, |
11 | | restraining
orders, directions or prohibitions, or may take |
12 | | such other actions,
including the acceptance of satisfactory |
13 | | performance bonds, in
connection with any property, claim, |
14 | | receipt, right or other interest
subject to forfeiture under |
15 | | this Section, as it deems proper.
|
16 | | (Source: P.A. 94-556, eff. 9-11-05.)
|
17 | | (720 ILCS 570/406) (from Ch. 56 1/2, par. 1406)
|
18 | | Sec. 406. (a) It is unlawful for any person:
|
19 | | (1) who is subject to Article III knowingly to |
20 | | distribute or dispense
a controlled substance in violation |
21 | | of Sections 308 through 314.5 of this Act; or
|
22 | | (2) who is a registrant, to manufacture a controlled |
23 | | substance not
authorized by his or her registration, or to |
24 | | distribute or dispense a controlled
substance not |
25 | | authorized by his or her registration to another registrant |
|
| | 09900HB0242sam001 | - 59 - | LRB099 05745 RLC 52256 a |
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|
1 | | or other
authorized person; or
|
2 | | (3) to refuse or fail to make, keep or furnish any |
3 | | record, notification,
order form, statement, invoice or |
4 | | information required under this Act; or
|
5 | | (4) to refuse an entry into any premises for any |
6 | | inspection authorized by
this Act; or
|
7 | | (5) knowingly to keep or maintain any store, shop, |
8 | | warehouse, dwelling,
building, vehicle, boat, aircraft, or |
9 | | other structure or place, which is
resorted to by a person |
10 | | unlawfully possessing controlled substances, or
which is |
11 | | used for possessing, manufacturing, dispensing or |
12 | | distributing
controlled substances in violation of this |
13 | | Act.
|
14 | | Any person who violates this subsection (a) is guilty of a |
15 | | Class A
misdemeanor for the first offense and a Class 4 felony |
16 | | for each subsequent
offense . The fine for each subsequent |
17 | | offense shall not be more than
$100,000. In addition, any |
18 | | practitioner who is found guilty of violating
this subsection |
19 | | (a) is subject to suspension and revocation of his or her
|
20 | | professional license, in accordance with such procedures as are |
21 | | provided by
law for the taking of disciplinary action with |
22 | | regard to the license of
said practitioner's profession.
|
23 | | (b) It is unlawful for any person knowingly:
|
24 | | (1) to distribute, as a registrant, a controlled |
25 | | substance classified
in Schedule I or II, except pursuant |
26 | | to an order form as required by Section
307 of this Act; or
|
|
| | 09900HB0242sam001 | - 60 - | LRB099 05745 RLC 52256 a |
|
|
1 | | (2) to use, in the course of the manufacture or |
2 | | distribution of a
controlled
substance, a registration |
3 | | number which is fictitious, revoked, suspended,
or issued |
4 | | to another person; or
|
5 | | (3) to acquire or obtain, or attempt to acquire or |
6 | | obtain, possession of a controlled substance by
|
7 | | misrepresentation, fraud, forgery, deception or |
8 | | subterfuge; or
|
9 | | (3.1) to withhold information requested from a |
10 | | practitioner, with the intent to obtain a controlled |
11 | | substance that has not been prescribed, by |
12 | | misrepresentation, fraud, forgery, deception, subterfuge, |
13 | | or concealment of a material fact; or |
14 | | (4) to furnish false or fraudulent material |
15 | | information in, or omit any
material information from, any |
16 | | application, report or other document required
to be kept |
17 | | or filed under this Act, or any record required to be kept |
18 | | by
this Act; or
|
19 | | (5) to make, distribute or possess any punch, die, |
20 | | plate, stone or other
thing designed to print, imprint or |
21 | | reproduce the trademark, trade name
or other identifying |
22 | | mark, imprint or device of another, or any likeness
of any |
23 | | of the foregoing, upon any controlled substance or |
24 | | container or labeling
thereof so as to render the drug a |
25 | | counterfeit substance; or
|
26 | | (6) (blank); or
|
|
| | 09900HB0242sam001 | - 61 - | LRB099 05745 RLC 52256 a |
|
|
1 | | (7) (blank).
|
2 | | Any person who violates this subsection (b) is guilty of a |
3 | | Class A misdemeanor 4 felony
for the first offense and a Class |
4 | | 4 3 felony for each subsequent offense.
The fine for the first |
5 | | offense shall be not more than $100,000. The fine
for each |
6 | | subsequent offense shall not be more than $200,000.
|
7 | | (c) A person who knowingly or intentionally violates |
8 | | Section 316, 317, 318,
or 319 is guilty of a Class A |
9 | | misdemeanor.
|
10 | | (Source: P.A. 99-480, eff. 9-9-15.)
|
11 | | (720 ILCS 570/406.1) (from Ch. 56 1/2, par. 1406.1)
|
12 | | Sec. 406.1. (a) Any person who controls
any building and |
13 | | who performs the following act commits the offense
of |
14 | | permitting unlawful use of a building:
|
15 | | Knowingly grants, permits or makes the building available |
16 | | for use for the purpose of
unlawfully manufacturing or |
17 | | delivering a controlled substance other than methamphetamine.
|
18 | | (b) Permitting unlawful use of a building is a Class A |
19 | | misdemeanor 4 felony .
|
20 | | (Source: P.A. 94-556, eff. 9-11-05.)
|
21 | | (720 ILCS 570/406.2) |
22 | | Sec. 406.2. Unauthorized possession of prescription form. |
23 | | (a) A person commits the offense of unauthorized possession |
24 | | of prescription form when he or she knowingly:
|
|
| | 09900HB0242sam001 | - 62 - | LRB099 05745 RLC 52256 a |
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|
1 | | (1) alters a properly issued prescription form; |
2 | | (2) possesses without authorization a blank |
3 | | prescription form or counterfeit prescription form; or |
4 | | (3) possesses a prescription form not issued by a |
5 | | licensed prescriber. |
6 | | (b) Knowledge shall be determined by an evaluation of all |
7 | | circumstances surrounding possession of a blank prescription |
8 | | or possession of a prescription altered or not issued by a |
9 | | licensed prescriber. |
10 | | (c) Sentence. Any person who violates subsection (a) is |
11 | | guilty of a Class A misdemeanor 4 felony for the first offense |
12 | | and a Class 4 3 felony for each subsequent offense. The fine |
13 | | for the first offense shall be not more than $100,000. The fine |
14 | | for each subsequent offense shall not be more than $200,000. |
15 | | (d) For the purposes of this Section, "licensed prescriber" |
16 | | means a prescriber as defined in this Act or an optometrist |
17 | | licensed under the Illinois Optometric Practice Act of 1987.
|
18 | | (Source: P.A. 95-487, eff. 1-1-08.)
|
19 | | (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
|
20 | | Sec. 407. (a) (1)(A) Any person 18 years of age or over who |
21 | | violates any
subsection of Section 401 or subsection (b) of |
22 | | Section 404 by delivering a
controlled, counterfeit or |
23 | | look-alike substance to a person under 18 years
of age may be |
24 | | sentenced to imprisonment for a term up to twice the maximum
|
25 | | term and fined an amount up to twice that amount otherwise |
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1 | | authorized by
the pertinent subsection of Section 401 and |
2 | | Subsection (b) of Section 404.
|
3 | | (B) (Blank).
|
4 | | (2) Except as provided in paragraph (3) of this subsection, |
5 | | any person
who violates:
|
6 | | (A) subsection (c) of Section 401 by delivering or |
7 | | possessing with
intent to deliver a controlled, |
8 | | counterfeit, or look-alike substance in or
on, or within |
9 | | 500 1,000 feet of, a truck stop or safety rest area, is |
10 | | guilty of
a Class 2 1 felony, the fine for which shall not |
11 | | exceed $250,000;
|
12 | | (B) subsection (d) of Section 401 by delivering or |
13 | | possessing with
intent to deliver a controlled, |
14 | | counterfeit, or look-alike substance in or
on, or within |
15 | | 500 1,000 feet of, a truck stop or safety rest area, is |
16 | | guilty of
a Class 3 2 felony, the fine for which shall not |
17 | | exceed $200,000;
|
18 | | (C) subsection (e) of Section 401 or subsection (b) of |
19 | | Section 404
by delivering or possessing with intent to |
20 | | deliver a controlled,
counterfeit, or look-alike substance |
21 | | in or on, or within 500 1,000 feet of, a
truck stop or |
22 | | safety rest area, is guilty of a Class 4 3 felony, the fine |
23 | | for
which shall not exceed $150,000;
|
24 | | (D) subsection (f) of Section 401 by delivering or |
25 | | possessing with
intent to deliver a controlled, |
26 | | counterfeit, or look-alike substance in or
on, or within |
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1 | | 500 1,000 feet of, a truck stop or safety rest area, is |
2 | | guilty of
a Class 4 3 felony, the fine for which shall not |
3 | | exceed $125,000;
|
4 | | (E) subsection (g) of Section 401 by delivering or |
5 | | possessing with
intent to deliver a controlled, |
6 | | counterfeit, or look-alike substance in or
on, or within |
7 | | 500 1,000 feet of, a truck stop or safety rest area, is |
8 | | guilty of
a Class 4 3 felony, the fine for which shall not |
9 | | exceed $100,000;
|
10 | | (F) subsection (h) of Section 401 by delivering or |
11 | | possessing with
intent to deliver a controlled, |
12 | | counterfeit, or look-alike substance in or
on, or within |
13 | | 500 1,000 feet of, a truck stop or safety rest area, is |
14 | | guilty of
a Class 4 3 felony, the fine for which shall not |
15 | | exceed $75,000;
|
16 | | (3) Any person who violates paragraph (2) of this |
17 | | subsection (a) by
delivering or possessing with intent to |
18 | | deliver a controlled, counterfeit,
or look-alike substance in |
19 | | or on, or within 500 1,000 feet of a truck stop or a
safety rest |
20 | | area, following a prior conviction or convictions of paragraph
|
21 | | (2) of this subsection (a) may be sentenced to a term of |
22 | | imprisonment up to
2 times the maximum term and fined an amount |
23 | | up to 2 times the amount
otherwise authorized by Section 401.
|
24 | | (4) For the purposes of this subsection (a):
|
25 | | (A) "Safety rest area" means a roadside facility |
26 | | removed from the
roadway with parking and facilities |
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1 | | designed for motorists' rest, comfort,
and information |
2 | | needs; and
|
3 | | (B) "Truck stop" means any facility (and its parking |
4 | | areas) used to
provide fuel or service, or both, to any |
5 | | commercial motor vehicle as
defined in Section 18b-101 of |
6 | | the Illinois Vehicle Code.
|
7 | | (b) Any person who violates:
|
8 | | (1) subsection (c) of Section 401 in any school, on or |
9 | | within 500 feet of the real property comprising any school, |
10 | | or in any conveyance
owned, leased or contracted by a |
11 | | school to transport students to or from
school or a school |
12 | | related activity, and at the time of the violation persons |
13 | | under the age of 18 are present, the offense is committed |
14 | | during school hours, or the offense is committed at times |
15 | | when persons under the age of 18 are reasonably expected to |
16 | | be present in the school, in the conveyance, or on the real |
17 | | property, such as when after-school activities are |
18 | | occurring or residential property owned, operated or
|
19 | | managed by a public housing agency or leased by a public |
20 | | housing agency as part
of a scattered site or mixed-income |
21 | | development , or in any public park or , on or within 500 |
22 | | feet of the real
property comprising any school or |
23 | | residential property owned, operated or
managed by a public |
24 | | housing agency or leased by a public housing agency as part
|
25 | | of a scattered site or mixed-income development, or public |
26 | | park or
within 1,000 feet of the real property comprising |
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1 | | any school or
residential property owned, operated or |
2 | | managed by a public housing
agency
or leased by a public |
3 | | housing agency as part of a scattered site or
mixed-income |
4 | | development, or public park , on the real property |
5 | | comprising any
church, synagogue, or
other building, |
6 | | structure, or place used primarily for religious worship, |
7 | | or
within 500 1,000 feet of the real property comprising |
8 | | any church, synagogue, or
other building, structure, or |
9 | | place used primarily for religious worship, on
the real |
10 | | property comprising any of the following places, |
11 | | buildings, or
structures used primarily for housing or |
12 | | providing space for activities for
senior citizens: |
13 | | nursing homes, assisted-living centers, senior citizen |
14 | | housing
complexes, or senior centers oriented toward |
15 | | daytime activities, or within 500
1,000 feet of the real |
16 | | property comprising any of the following places,
|
17 | | buildings, or structures used primarily for housing or |
18 | | providing space for
activities for senior citizens: |
19 | | nursing homes, assisted-living centers, senior
citizen |
20 | | housing complexes, or senior centers oriented toward |
21 | | daytime activities
is guilty of a Class 1 X felony, the |
22 | | fine for which shall not
exceed $500,000;
|
23 | | (2) subsection (d) of Section 401 in any school, on or |
24 | | within 500 feet of the real property comprising any school, |
25 | | or in any conveyance
owned, leased or contracted by a |
26 | | school to transport students to or from
school or a school |
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1 | | related activity, and at the time of the violation persons |
2 | | under the age of 18 are present, the offense is committed |
3 | | during school hours, or the offense is committed at times |
4 | | when persons under the age of 18 are reasonably expected to |
5 | | be present in the school, in the conveyance, or on the real |
6 | | property, such as when after-school activities are |
7 | | occurring or residential property owned,
operated or |
8 | | managed by a public housing agency or leased by a public |
9 | | housing
agency as part of a scattered site or mixed-income |
10 | | development , or in any public park or ,
on or within 500 |
11 | | feet of the real property comprising any school or |
12 | | residential property owned,
operated or managed by a public |
13 | | housing agency or leased by a public housing
agency as part |
14 | | of a scattered site or mixed-income development, or public |
15 | | park
or within 1,000 feet of the real property comprising |
16 | | any school or residential
property owned, operated or |
17 | | managed by a public housing agency or leased by a
public |
18 | | housing agency as part of a scattered site or mixed-income |
19 | | development,
or public park , on the real property |
20 | | comprising any church, synagogue, or other
building, |
21 | | structure, or place used primarily for religious worship, |
22 | | or
within 500 1,000 feet of the real property comprising |
23 | | any church,
synagogue, or other building, structure, or |
24 | | place used primarily for religious
worship, on the real |
25 | | property comprising any of the following places,
|
26 | | buildings, or
structures used primarily for housing or |
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1 | | providing space for activities for
senior citizens: |
2 | | nursing homes, assisted-living centers, senior citizen |
3 | | housing
complexes, or senior centers oriented toward |
4 | | daytime activities, or within 500
1,000 feet of the real |
5 | | property comprising any of the following
places, |
6 | | buildings, or structures used primarily for housing or |
7 | | providing space
for activities for senior citizens: |
8 | | nursing homes, assisted-living centers,
senior citizen |
9 | | housing complexes, or senior centers oriented toward |
10 | | daytime
activities is guilty of a Class 2 1 felony, the |
11 | | fine for which shall not exceed
$250,000;
|
12 | | (3) subsection (e) of Section 401 or Subsection (b) of |
13 | | Section 404 in
any school, on or within 500 feet of the |
14 | | real property comprising any school, or in any conveyance |
15 | | owned, leased or contracted by a school to
transport |
16 | | students to or from school or a school related activity, |
17 | | and at the time of the violation persons under the age of |
18 | | 18 are present, the offense is committed during school |
19 | | hours, or the offense is committed at times when persons |
20 | | under the age of 18 are reasonably expected to be present |
21 | | in the school, in the conveyance, or on the real property, |
22 | | such as when after-school activities are occurring or
|
23 | | residential property owned, operated or managed by a public |
24 | | housing agency or
leased by a public housing agency as part |
25 | | of a scattered site or mixed-income
development , or in any |
26 | | public park or , on or within 500 feet of the real property |
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1 | | comprising any school or
residential property owned, |
2 | | operated or managed by a public housing agency or
leased by |
3 | | a public housing agency as part of a scattered site or |
4 | | mixed-income
development, or public park or within 1,000 |
5 | | feet of the real property
comprising
any school or |
6 | | residential property owned, operated or managed by a
public |
7 | | housing agency or leased by a public housing agency as part |
8 | | of a
scattered site or mixed-income development, or public |
9 | | park , on the real
property comprising any church, |
10 | | synagogue, or other building, structure, or
place used |
11 | | primarily for religious worship, or within 500 1,000 feet |
12 | | of the real
property comprising any church, synagogue, or |
13 | | other building, structure, or
place used primarily for |
14 | | religious worship, on the real property comprising any
of |
15 | | the following places, buildings, or structures used |
16 | | primarily for housing or
providing space for activities for
|
17 | | senior citizens: nursing homes, assisted-living centers, |
18 | | senior citizen housing
complexes, or senior centers |
19 | | oriented toward daytime activities, or within 500
1,000 |
20 | | feet of the real property comprising any of the following
|
21 | | places, buildings, or structures used primarily for |
22 | | housing or providing space
for activities for senior |
23 | | citizens: nursing homes, assisted-living centers,
senior |
24 | | citizen housing complexes, or senior centers oriented |
25 | | toward daytime
activities is guilty of a Class 3 2 felony, |
26 | | the fine for
which shall not exceed $200,000;
|
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1 | | (4) subsection (f) of Section 401 in any school, on or |
2 | | within 500 feet of the real property comprising any school, |
3 | | or in any conveyance
owned, leased or contracted by a |
4 | | school to transport students to or from
school or a school |
5 | | related activity, and at the time of the violation persons |
6 | | under the age of 18 are present, the offense is committed |
7 | | during school hours, or the offense is committed at times |
8 | | when persons under the age of 18 are reasonably expected to |
9 | | be present in the school, in the conveyance, or on the real |
10 | | property, such as when after-school activities are |
11 | | occurring or residential property owned,
operated or |
12 | | managed by a public housing agency
or leased by a public |
13 | | housing agency as part of a scattered site or
mixed-income |
14 | | development ,
or in any public park or , on or within 500 |
15 | | feet of the real
property comprising any school or |
16 | | residential property owned, operated or
managed by a public |
17 | | housing agency
or leased by a public housing agency as part |
18 | | of a scattered site or
mixed-income development,
or public |
19 | | park or
within 1,000 feet of the real property comprising |
20 | | any school or residential
property owned, operated or |
21 | | managed by a public housing agency
or leased by a public |
22 | | housing agency as part of a scattered site or
mixed-income |
23 | | development,
or public
park , on the real property |
24 | | comprising any church, synagogue, or other
building,
|
25 | | structure, or place used primarily for religious worship, |
26 | | or
within 500 1,000 feet of the real property comprising |
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1 | | any church,
synagogue, or other building, structure, or |
2 | | place used primarily for religious
worship, on the real |
3 | | property comprising any of the following places,
|
4 | | buildings, or
structures used primarily for housing or |
5 | | providing space for activities for
senior citizens: |
6 | | nursing homes, assisted-living centers, senior citizen |
7 | | housing
complexes, or senior centers oriented toward |
8 | | daytime activities, or within 500
1,000 feet of the real |
9 | | property comprising any of the following
places, |
10 | | buildings, or structures used primarily for housing or |
11 | | providing space
for activities for senior citizens: |
12 | | nursing homes, assisted-living centers,
senior citizen |
13 | | housing complexes, or senior centers oriented toward |
14 | | daytime
activities
is guilty of a Class 3 2 felony, the |
15 | | fine for which shall not exceed
$150,000;
|
16 | | (5) subsection (g) of Section 401 in any school, on or |
17 | | within 500 feet of the real property comprising any school, |
18 | | or in any conveyance
owned, leased or contracted by a |
19 | | school to transport students to or from
school or a school |
20 | | related activity, and at the time of the violation persons |
21 | | under the age of 18 are present, the offense is committed |
22 | | during school hours, or the offense is committed at times |
23 | | when persons under the age of 18 are reasonably expected to |
24 | | be present in the school, in the conveyance, or on the real |
25 | | property, such as when after-school activities are |
26 | | occurring or residential property owned,
operated or |
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1 | | managed by a public housing agency
or leased by a public |
2 | | housing agency as part of a scattered site or
mixed-income |
3 | | development ,
or in any public park or , on or within 500 |
4 | | feet of the real
property comprising any school or |
5 | | residential property owned, operated or
managed by a public |
6 | | housing agency
or leased by a public housing agency as part |
7 | | of a scattered site or
mixed-income development,
or public |
8 | | park or
within 1,000 feet of the real property comprising |
9 | | any school or residential
property owned, operated or |
10 | | managed by a public housing agency
or leased by a public |
11 | | housing agency as part of a scattered site or
mixed-income |
12 | | development,
or public
park , on the real property |
13 | | comprising any church, synagogue, or other
building,
|
14 | | structure, or place used primarily for religious worship, |
15 | | or
within 500 1,000 feet of the real property comprising |
16 | | any church,
synagogue, or other building, structure, or |
17 | | place used primarily for religious
worship, on the real |
18 | | property comprising any of the following places,
|
19 | | buildings, or
structures used primarily for housing or |
20 | | providing space for activities for
senior citizens: |
21 | | nursing homes, assisted-living centers, senior citizen |
22 | | housing
complexes, or senior centers oriented toward |
23 | | daytime activities, or within 500
1,000 feet of the real |
24 | | property comprising any of the following
places, |
25 | | buildings, or structures used primarily for housing or |
26 | | providing space
for activities for senior citizens: |
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1 | | nursing homes, assisted-living centers,
senior citizen |
2 | | housing complexes, or senior centers oriented toward |
3 | | daytime
activities
is guilty of a Class 3 2 felony, the |
4 | | fine for which shall not exceed $125,000;
|
5 | | (6) subsection (h) of Section 401 in any school, on or |
6 | | within 500 feet of the real property comprising any school, |
7 | | or in any conveyance
owned, leased or contracted by a |
8 | | school to transport students to or from
school or a school |
9 | | related activity, and at the time of the violation persons |
10 | | under the age of 18 are present, the offense is committed |
11 | | during school hours, or the offense is committed at times |
12 | | when persons under the age of 18 are reasonably expected to |
13 | | be present in the school, in the conveyance, or on the real |
14 | | property, such as when after-school activities are |
15 | | occurring or residential property owned,
operated or |
16 | | managed by a public housing agency
or leased by a public |
17 | | housing agency as part of a scattered site or
mixed-income |
18 | | development ,
or in any public park or , on or within 500 |
19 | | feet of the real
property comprising any school or |
20 | | residential property owned, operated or
managed by a public |
21 | | housing agency
or leased by a public housing agency as part |
22 | | of a scattered site or
mixed-income development,
or public |
23 | | park or within 1,000 feet of the real property comprising |
24 | | any school
or residential
property owned, operated or |
25 | | managed by a public housing agency
or leased by a public |
26 | | housing agency as part of a scattered site or
mixed-income |
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1 | | development,
or public
park , on the real property |
2 | | comprising any church, synagogue, or other
building,
|
3 | | structure, or place used primarily for religious worship, |
4 | | or
within 500 1,000 feet of the real property comprising |
5 | | any church,
synagogue, or other building, structure, or |
6 | | place used primarily for religious
worship, on the real |
7 | | property comprising any of the following places,
|
8 | | buildings, or
structures used primarily for housing or |
9 | | providing space for activities for
senior citizens: |
10 | | nursing homes, assisted-living centers, senior citizen |
11 | | housing
complexes, or senior centers oriented toward |
12 | | daytime activities, or within 500
1,000 feet of the real |
13 | | property comprising any of the following
places, |
14 | | buildings, or structures used primarily for housing or |
15 | | providing space
for activities for senior citizens: |
16 | | nursing homes, assisted-living centers,
senior citizen |
17 | | housing complexes, or senior centers oriented toward |
18 | | daytime
activities
is guilty of a Class 3 2 felony, the |
19 | | fine for which shall not exceed
$100,000.
|
20 | | (c) Regarding penalties prescribed in subsection
(b) for |
21 | | violations committed in a school or on or within 500
1,000 feet |
22 | | of school property, the time of day and , time of year and |
23 | | whether
classes were currently in session at the time of the |
24 | | offense is irrelevant.
|
25 | | (Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
|
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1 | | (720 ILCS 570/407.2) (from Ch. 56 1/2, par. 1407.2)
|
2 | | Sec. 407.2. Delivery of a controlled substance to a |
3 | | pregnant woman.
|
4 | | (a) Any person who violates subsection (a) of Section 401 |
5 | | of this Act by
delivering a controlled substance to a woman he |
6 | | knows to be pregnant may be
sentenced to imprisonment for a |
7 | | term twice the maximum amount authorized by
Section 401 of this |
8 | | Act.
|
9 | | (b) Any person who delivers an amount of a controlled |
10 | | substance set
forth in subsections (c) and (d) of Section 401 |
11 | | of this Act to a woman he
knows to be pregnant commits a Class 2 |
12 | | 1 felony. The fine for a violation of
this subsection (b) shall |
13 | | not be more than $250,000.
|
14 | | (Source: P.A. 86-1459; 87-754.)
|
15 | | (720 ILCS 570/411.2) (from Ch. 56 1/2, par. 1411.2)
|
16 | | Sec. 411.2.
(a) Every person convicted of a violation of |
17 | | this Act, and
every person placed on probation, conditional |
18 | | discharge, supervision or
probation under Section 410 of this |
19 | | Act, shall be assessed for each offense
a sum fixed at:
|
20 | | (1) (Blank); $3,000 for a Class X felony;
|
21 | | (2) $2,000 for a Class 1 felony;
|
22 | | (3) $1,000 for a Class 2 felony;
|
23 | | (4) $500 for a Class 3 or Class 4 felony;
|
24 | | (5) $300 for a Class A misdemeanor;
|
25 | | (6) $200 for a Class B or Class C misdemeanor.
|
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1 | | (b) The assessment under this Section is in addition to and |
2 | | not in lieu
of any fines, restitution costs, forfeitures or |
3 | | other assessments
authorized or required by law.
|
4 | | (c) As a condition of the assessment, the court may require |
5 | | that payment
be made in specified installments or within a |
6 | | specified period of time. If
the assessment is not paid within |
7 | | the period of probation, conditional
discharge or supervision |
8 | | to which the defendant was originally sentenced,
the court may |
9 | | extend the period of probation, conditional discharge or
|
10 | | supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified |
11 | | Code of
Corrections, as applicable, until the assessment is |
12 | | paid or until
successful completion of public or community |
13 | | service set forth in
subsection (e) or the successful |
14 | | completion of the substance abuse
intervention or treatment |
15 | | program set forth in subsection (f). If a term
of probation, |
16 | | conditional discharge or supervision is not imposed, the
|
17 | | assessment shall be payable upon judgment or as directed by the |
18 | | court.
|
19 | | (d) If an assessment for a violation of this Act is imposed |
20 | | on an
organization, it is the duty of each individual |
21 | | authorized to make
disbursements of the assets of the |
22 | | organization to pay the assessment from
assets of the |
23 | | organization.
|
24 | | (e) A defendant who has been ordered to pay an assessment |
25 | | may petition
the court to convert all or part of the assessment |
26 | | into court-approved
public or community service. One hour of |
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1 | | public or community service shall
be equivalent to $4 of |
2 | | assessment. The performance of this public or
community service |
3 | | shall be a condition of the probation, conditional
discharge or |
4 | | supervision and shall be in addition to the performance of any
|
5 | | other period of public or community service ordered by the |
6 | | court or required
by law.
|
7 | | (f) The court may suspend the collection of the assessment |
8 | | imposed
under this Section; provided the defendant agrees to |
9 | | enter a substance
abuse intervention or treatment program |
10 | | approved by the court; and further
provided that the defendant |
11 | | agrees to pay for all or some portion of the
costs associated |
12 | | with the intervention or treatment program. In this case,
the |
13 | | collection of the assessment imposed under this Section shall |
14 | | be
suspended during the defendant's participation in the |
15 | | approved
intervention or treatment program. Upon successful |
16 | | completion of the
program, the defendant may apply to the court |
17 | | to reduce the assessment
imposed under this Section by any |
18 | | amount actually paid by the defendant for
his or her |
19 | | participation in the program. The court shall not reduce the |
20 | | penalty
under this subsection unless the defendant establishes |
21 | | to the satisfaction
of the court that he or she has |
22 | | successfully completed the intervention or
treatment program. |
23 | | If the defendant's participation is for any reason
terminated |
24 | | before his or her successful completion of the intervention or
|
25 | | treatment program, collection of the entire assessment imposed |
26 | | under this
Section shall be enforced. Nothing in this Section |
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1 | | shall be deemed to
affect or suspend any other fines, |
2 | | restitution costs, forfeitures or
assessments imposed under |
3 | | this or any other Act.
|
4 | | (g) The court shall not impose more than one assessment per |
5 | | complaint,
indictment or information. If the person is |
6 | | convicted of more than one
offense in a complaint, indictment |
7 | | or information, the assessment shall be
based on the highest |
8 | | class offense for which the person is convicted.
|
9 | | (h) In counties under 3,000,000, all moneys collected under |
10 | | this Section
shall be forwarded by the clerk of the circuit |
11 | | court to the State Treasurer
for deposit in the Drug Treatment |
12 | | Fund, which is hereby established as a
special fund within the |
13 | | State Treasury. The Department of Human Services may make |
14 | | grants to persons licensed under
Section 15-10 of
the |
15 | | Alcoholism and Other Drug Abuse and Dependency Act or to
|
16 | | municipalities
or counties from funds appropriated to the |
17 | | Department from the Drug
Treatment Fund for the treatment of |
18 | | pregnant women who are addicted to
alcohol, cannabis or |
19 | | controlled substances and for the needed care of
minor, |
20 | | unemancipated children of women undergoing residential drug
|
21 | | treatment. If the Department of Human Services grants funds
to |
22 | | a municipality or a county that the Department determines is |
23 | | not
experiencing a problem with pregnant women addicted to |
24 | | alcohol, cannabis or
controlled substances, or with care for |
25 | | minor, unemancipated children of
women undergoing residential |
26 | | drug treatment, or intervention, the funds
shall be used for |
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1 | | the treatment of any person addicted to alcohol, cannabis
or |
2 | | controlled substances. The Department may adopt such rules as |
3 | | it deems
appropriate for the administration of such grants.
|
4 | | (i) In counties over 3,000,000, all moneys collected under |
5 | | this Section
shall be forwarded to the County Treasurer for |
6 | | deposit into the County
Health Fund. The County Treasurer |
7 | | shall, no later than the
15th day of each month, forward to the |
8 | | State Treasurer 30 percent of all
moneys collected under this |
9 | | Act and received into the County Health
Fund since the prior |
10 | | remittance to the State Treasurer.
Funds retained by the County |
11 | | shall be used for community-based treatment of
pregnant women |
12 | | who are addicted to alcohol, cannabis, or controlled
substances |
13 | | or for the needed care of minor, unemancipated children of |
14 | | these
women. Funds forwarded to the State Treasurer shall be |
15 | | deposited into the
State Drug Treatment Fund maintained by the |
16 | | State Treasurer from which the
Department of Human Services may |
17 | | make
grants to persons licensed under Section 15-10 of the |
18 | | Alcoholism and
Other Drug
Abuse and Dependency Act or to |
19 | | municipalities or counties from funds
appropriated to
the |
20 | | Department from the Drug Treatment Fund, provided that the |
21 | | moneys
collected from each county be returned proportionately |
22 | | to the counties
through grants to licensees located within the |
23 | | county from which the
assessment was received and moneys in the |
24 | | State Drug Treatment Fund shall
not supplant other local, State |
25 | | or federal funds. If the Department of Human
Services grants |
26 | | funds to a
municipality or county that the Department |
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1 | | determines is not experiencing a
problem with pregnant women |
2 | | addicted to alcohol, cannabis or controlled
substances, or with |
3 | | care for minor, unemancipated children or women
undergoing |
4 | | residential drug treatment, the funds shall be used for the
|
5 | | treatment of any person addicted to alcohol, cannabis or |
6 | | controlled
substances. The Department may adopt such rules as |
7 | | it deems appropriate
for the administration of such grants.
|
8 | | (Source: P.A. 97-334, eff. 1-1-12.)
|
9 | | Section 30. The Methamphetamine Control and Community |
10 | | Protection Act is amended by changing Sections 15, 20, 25, 30, |
11 | | 35, 40, 45, 50, 55, 60, and 80 as follows: |
12 | | (720 ILCS 646/15) |
13 | | Sec. 15. Participation in methamphetamine manufacturing. |
14 | | (a) Participation in methamphetamine manufacturing.
|
15 | | (1) It is unlawful to knowingly participate in the |
16 | | manufacture of methamphetamine with the intent that |
17 | | methamphetamine or a substance containing methamphetamine |
18 | | be produced.
|
19 | | (2) A person who violates paragraph (1) of this |
20 | | subsection (a) is subject to the following penalties:
|
21 | | (A) A person who participates in the manufacture of |
22 | | less than 15 grams of methamphetamine or a substance |
23 | | containing methamphetamine is guilty of a Class 2 1 |
24 | | felony.
|
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1 | | (B) A person who participates in the manufacture of |
2 | | 15 or more grams but less than 100 grams of |
3 | | methamphetamine or a substance containing |
4 | | methamphetamine is guilty of a Class 1 X felony , |
5 | | subject to a term of imprisonment of not less than 6 |
6 | | years and not more than 30 years, and subject to a fine |
7 | | not to exceed $100,000 or the street value of the |
8 | | methamphetamine manufactured, whichever is greater.
|
9 | | (C) A person who participates in the manufacture of |
10 | | 100 or more grams but less than 400 grams of |
11 | | methamphetamine or a substance containing |
12 | | methamphetamine is guilty of a Class 1 X felony , |
13 | | subject to a term of imprisonment of not less than 9 |
14 | | years and not more than 40 years, and subject to a fine |
15 | | not to exceed $200,000 or the street value of the |
16 | | methamphetamine manufactured, whichever is greater.
|
17 | | (D) A person who participates in the manufacture of |
18 | | 400 or more grams but less than 900 grams of |
19 | | methamphetamine or a substance containing |
20 | | methamphetamine is guilty of a Class 1 X felony , |
21 | | subject to a term of imprisonment of not less than 12 |
22 | | years and not more than 50 years, and subject to a fine |
23 | | not to exceed $300,000 or the street value of the |
24 | | methamphetamine manufactured, whichever is greater.
|
25 | | (E) A person who participates in the manufacture of |
26 | | 900 grams or more of methamphetamine or a substance |
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1 | | containing methamphetamine is guilty of a Class 1 X |
2 | | felony , subject to a term of imprisonment of not less |
3 | | than 15 years and not more than 60 years, and subject |
4 | | to a fine not to exceed $400,000 or the street value of |
5 | | the methamphetamine, whichever is greater.
|
6 | | (b) Aggravated participation in methamphetamine |
7 | | manufacturing.
|
8 | | (1) It is unlawful to engage in aggravated |
9 | | participation in the manufacture of methamphetamine. A |
10 | | person engages in aggravated participation in the |
11 | | manufacture of methamphetamine when the person violates |
12 | | paragraph (1) of subsection (a) and:
|
13 | | (A) the person knowingly does so in a multi-unit |
14 | | dwelling;
|
15 | | (B) the person knowingly does so in a structure or |
16 | | vehicle where a child under the age of 18, a person |
17 | | with a disability, or a person 60 years of age or older |
18 | | who is incapable of adequately providing for his or her |
19 | | own health and personal care resides, is present, or is |
20 | | endangered by the manufacture of methamphetamine;
|
21 | | (C) the person does so in a structure or vehicle |
22 | | where a woman the person knows to be pregnant |
23 | | (including but not limited to the person herself) |
24 | | resides, is present, or is endangered by the |
25 | | methamphetamine manufacture;
|
26 | | (D) the person knowingly does so in a structure or |
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1 | | vehicle protected by one or more firearms, explosive |
2 | | devices, booby traps, alarm systems, surveillance |
3 | | systems, guard dogs, or dangerous animals;
|
4 | | (E) the methamphetamine manufacturing in which the |
5 | | person participates is a contributing cause of the |
6 | | death, serious bodily injury, disability, or |
7 | | disfigurement of another person, including but not |
8 | | limited to an emergency service provider;
|
9 | | (F) the methamphetamine manufacturing in which the |
10 | | person participates is a contributing cause of a fire |
11 | | or explosion that damages property belonging to |
12 | | another person;
|
13 | | (G) the person knowingly organizes, directs, or |
14 | | finances the methamphetamine manufacturing or |
15 | | activities carried out in support of the |
16 | | methamphetamine manufacturing; or
|
17 | | (H) the methamphetamine manufacturing occurs |
18 | | within 500 1,000 feet of a place of worship or |
19 | | parsonage, or within 500 1,000 feet of the real |
20 | | property comprising any school at a time when children, |
21 | | clergy, patrons, staff, or other persons are present or |
22 | | any activity sanctioned by the place of worship or |
23 | | parsonage or school is taking place .
|
24 | | (2) A person who violates paragraph (1) of this |
25 | | subsection (b) is subject to the following penalties:
|
26 | | (A) A person who participates in the manufacture of |
|
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1 | | less than 15 grams of methamphetamine or a substance |
2 | | containing methamphetamine is guilty of a Class 1 X |
3 | | felony , subject to a term of imprisonment of not less |
4 | | than 6 years and not more than 30 years, and subject to |
5 | | a fine not to exceed $100,000 or the street value of |
6 | | the methamphetamine, whichever is greater.
|
7 | | (B) A person who participates in the manufacture of |
8 | | 15 or more grams but less than 100 grams of |
9 | | methamphetamine or a substance containing |
10 | | methamphetamine is guilty of a Class 1 X felony , |
11 | | subject to a term of imprisonment of not less than 9 |
12 | | years and not more than 40 years, and subject to a fine |
13 | | not to exceed $200,000 or the street value of the |
14 | | methamphetamine, whichever is greater.
|
15 | | (C) A person who participates in the manufacture of |
16 | | 100 or more grams but less than 400 grams of |
17 | | methamphetamine or a substance containing |
18 | | methamphetamine is guilty of a Class 1 X felony , |
19 | | subject to a term of imprisonment of not less than 12 |
20 | | years and not more than 50 years, and subject to a fine |
21 | | not to exceed $300,000 or the street value of the |
22 | | methamphetamine, whichever is greater.
|
23 | | (D) A person who participates in the manufacture of |
24 | | 400 grams or more of methamphetamine or a substance |
25 | | containing methamphetamine is guilty of a Class 1 X |
26 | | felony , subject to a term of imprisonment of not less |
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1 | | than 15 years and not more than 60 years, and subject |
2 | | to a fine not to exceed $400,000 or the street value of |
3 | | the methamphetamine, whichever is greater.
|
4 | | (Source: P.A. 98-980, eff. 1-1-15 .) |
5 | | (720 ILCS 646/20)
|
6 | | Sec. 20. Methamphetamine precursor. |
7 | | (a) Methamphetamine precursor or substance containing any |
8 | | methamphetamine precursor in standard dosage form. |
9 | | (1) It is unlawful to knowingly possess, procure, |
10 | | transport, store, or deliver any methamphetamine precursor |
11 | | or substance containing any methamphetamine precursor in |
12 | | standard dosage form with the intent that it be used to |
13 | | manufacture methamphetamine or a substance containing |
14 | | methamphetamine.
|
15 | | (2) A person who violates paragraph (1) of this |
16 | | subsection (a) is subject to the following penalties:
|
17 | | (A) A person who possesses, procures, transports, |
18 | | stores, or delivers less than 15 grams of |
19 | | methamphetamine precursor or substance containing any |
20 | | methamphetamine precursor is guilty of a Class 3 2 |
21 | | felony.
|
22 | | (B) A person who possesses, procures, transports, |
23 | | stores, or delivers 15 or more grams but less than 30 |
24 | | grams of methamphetamine precursor or substance |
25 | | containing any methamphetamine precursor is guilty of |
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1 | | a Class 2 1 felony.
|
2 | | (C) A person who possesses, procures, transports, |
3 | | stores, or delivers 30 or more grams but less than 150 |
4 | | grams of methamphetamine precursor or substance |
5 | | containing any methamphetamine precursor is guilty of |
6 | | a Class 1 X felony , subject to a term of imprisonment |
7 | | of not less than 6 years and not more than 30 years, |
8 | | and subject to a fine not to exceed $100,000.
|
9 | | (D) A person who possesses, procures, transports, |
10 | | stores, or delivers 150 or more grams but less than 500 |
11 | | grams of methamphetamine precursor or substance |
12 | | containing any methamphetamine precursor is guilty of |
13 | | a Class 1 X felony , subject to a term of imprisonment |
14 | | of not less than 8 years and not more than 40 years, |
15 | | and subject to a fine not to exceed $200,000.
|
16 | | (E) A person who possesses, procures, transports, |
17 | | stores, or delivers 500 or more grams of |
18 | | methamphetamine precursor or substance containing any |
19 | | methamphetamine precursor is guilty of a Class 1 X |
20 | | felony , subject to a term of imprisonment of not less |
21 | | than 10 years and not more than 50 years, and subject |
22 | | to a fine not to exceed $300,000.
|
23 | | (b) Methamphetamine precursor or substance containing any |
24 | | methamphetamine precursor in any form other than a standard |
25 | | dosage form. |
26 | | (1) It is unlawful to knowingly possess, procure, |
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1 | | transport, store, or deliver any methamphetamine precursor |
2 | | or substance containing any methamphetamine precursor in |
3 | | any form other than a standard dosage form with the intent |
4 | | that it be used to manufacture methamphetamine or a |
5 | | substance containing methamphetamine.
|
6 | | (2) A person who violates paragraph (1) of this |
7 | | subsection (b) is subject to the following penalties:
|
8 | | (A) A person who violates paragraph (1) of this |
9 | | subsection (b) with the intent that less than 10 grams |
10 | | of methamphetamine or a substance containing |
11 | | methamphetamine be manufactured is guilty of a Class 3 |
12 | | 2 felony.
|
13 | | (B) A person who violates paragraph (1) of this |
14 | | subsection (b) with the intent that 10 or more grams |
15 | | but less than 20 grams of methamphetamine or a |
16 | | substance containing methamphetamine be manufactured |
17 | | is guilty of a Class 2 1 felony.
|
18 | | (C) A person who violates paragraph (1) of this |
19 | | subsection (b) with the intent that 20 or more grams |
20 | | but less than 100 grams of methamphetamine or a |
21 | | substance containing methamphetamine be manufactured |
22 | | is guilty of a Class 1 X felony , subject to a term of |
23 | | imprisonment of not less than 6 years and not more than |
24 | | 30 years, and subject to a fine not to exceed $100,000.
|
25 | | (D) A person who violates paragraph (1) of this |
26 | | subsection (b) with the intent that 100 or more grams |
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1 | | but less than 350 grams of methamphetamine or a |
2 | | substance containing methamphetamine be manufactured |
3 | | is guilty of a Class 1 X felony , subject to a term of |
4 | | imprisonment of not less than 8 years and not more than |
5 | | 40 years, and subject to a fine not to exceed $200,000.
|
6 | | (E) A person who violates paragraph (1) of this |
7 | | subsection (b) with the intent that 350 or more grams |
8 | | of methamphetamine or a substance containing |
9 | | methamphetamine be manufactured is guilty of a Class 1 |
10 | | X felony , subject to a term of imprisonment of not less |
11 | | than 10 years and not more than 50 years, and subject |
12 | | to a fine not to exceed $300,000.
|
13 | | (c) Rule of evidence. The presence of any methamphetamine |
14 | | precursor in a sealed, factory imprinted container, including, |
15 | | but not limited to, a bottle, box, package, or blister pack, at |
16 | | the time of seizure by law enforcement, is prima facie evidence |
17 | | that the methamphetamine precursor located within the |
18 | | container is in fact the material so described and in the |
19 | | amount listed on the container. The factory imprinted container |
20 | | is admissible for a violation of this Act for purposes of |
21 | | proving the contents of the container.
|
22 | | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) |
23 | | (720 ILCS 646/25)
|
24 | | Sec. 25. Anhydrous ammonia. |
25 | | (a) Possession, procurement, transportation, storage, or |
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1 | | delivery of anhydrous ammonia with the intent that it be used |
2 | | to manufacture methamphetamine.
|
3 | | (1) It is unlawful to knowingly engage in the |
4 | | possession, procurement, transportation, storage, or |
5 | | delivery of anhydrous ammonia or to attempt to engage in |
6 | | any of these activities or to assist another in engaging in |
7 | | any of these activities with the intent that the anhydrous |
8 | | ammonia be used to manufacture methamphetamine.
|
9 | | (2) A person who violates paragraph (1) of this |
10 | | subsection
(a) is guilty of a Class 2 1 felony.
|
11 | | (b) Aggravated possession, procurement, transportation, |
12 | | storage, or delivery of anhydrous ammonia with the intent that |
13 | | it be used to manufacture methamphetamine.
|
14 | | (1) It is unlawful to knowingly engage in the |
15 | | aggravated possession, procurement, transportation, |
16 | | storage, or delivery of anhydrous ammonia with the intent |
17 | | that it be used to manufacture methamphetamine. A person |
18 | | commits this offense when the person engages in the |
19 | | possession, procurement, transportation, storage, or |
20 | | delivery of anhydrous ammonia or attempts to engage in any |
21 | | of these activities or assists another in engaging in any |
22 | | of these activities with the intent that the anhydrous |
23 | | ammonia be used to manufacture methamphetamine and:
|
24 | | (A) the person knowingly does so in a multi-unit |
25 | | dwelling;
|
26 | | (B) the person knowingly does so in a structure or |
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1 | | vehicle where a child under the age of 18, or a person |
2 | | with a disability, or a person who is 60 years of age |
3 | | or older who is incapable of adequately providing for |
4 | | his or her own health and personal care resides, is |
5 | | present, or is endangered by the anhydrous ammonia;
|
6 | | (C) the person's possession, procurement, |
7 | | transportation, storage, or delivery of anhydrous |
8 | | ammonia is a contributing cause of the death, serious |
9 | | bodily injury, disability, or disfigurement of another |
10 | | person; or
|
11 | | (D) the person's possession, procurement, |
12 | | transportation, storage, or delivery of anhydrous |
13 | | ammonia is a contributing cause of a fire or explosion |
14 | | that damages property belonging to another person.
|
15 | | (2) A person who violates paragraph (1) of this |
16 | | subsection (b) is guilty of a Class 1 X felony , subject to |
17 | | a term of imprisonment of not less than 6 years and not |
18 | | more than 30 years, and subject to a fine not to exceed |
19 | | $100,000.
|
20 | | (c) Possession, procurement, transportation, storage, or |
21 | | delivery of anhydrous ammonia in an unauthorized container.
|
22 | | (1) It is unlawful to knowingly possess, procure, |
23 | | transport, store, or deliver anhydrous ammonia in an |
24 | | unauthorized container.
|
25 | | (1.5) It is unlawful to attempt to possess, procure, |
26 | | transport, store, or deliver anhydrous ammonia in an |
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1 | | unauthorized container.
|
2 | | (2) A person who violates paragraph (1) of this |
3 | | subsection (c) is guilty of a Class 4 3 felony.
A person |
4 | | who violates paragraph (1.5) of this subsection (c) is |
5 | | guilty of a Class A misdemeanor 4 felony .
|
6 | | (3) Affirmative defense. It is an affirmative defense |
7 | | that the person charged possessed, procured, transported, |
8 | | stored, or delivered anhydrous ammonia in a manner that |
9 | | substantially complied with the rules governing anhydrous |
10 | | ammonia equipment found in 8 Illinois Administrative Code |
11 | | Section 215, in 92 Illinois Administrative Code Sections |
12 | | 171 through 180, or in any provision of the Code of Federal |
13 | | Regulations incorporated by reference into these Sections |
14 | | of the Illinois Administrative Code.
|
15 | | (d) Tampering with anhydrous ammonia equipment.
|
16 | | (1) It is unlawful to knowingly tamper with anhydrous |
17 | | ammonia equipment. A person tampers with anhydrous ammonia |
18 | | equipment when, without authorization from the lawful |
19 | | owner, the person:
|
20 | | (A) removes or attempts to remove anhydrous |
21 | | ammonia from the anhydrous ammonia equipment used by |
22 | | the lawful owner;
|
23 | | (B) damages or attempts to damage the anhydrous |
24 | | ammonia equipment used by the lawful owner; or
|
25 | | (C) vents or attempts to vent anhydrous ammonia
|
26 | | into the environment.
|
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1 | | (2) A person who violates paragraph (1) of this |
2 | | subsection (d) is guilty of a Class 4 3 felony.
|
3 | | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06; |
4 | | 95-690, eff. 1-1-08.) |
5 | | (720 ILCS 646/30)
|
6 | | Sec. 30. Methamphetamine manufacturing material. |
7 | | (a) It is unlawful to knowingly engage in the possession, |
8 | | procurement, transportation, storage, or delivery of any |
9 | | methamphetamine manufacturing material, other than a |
10 | | methamphetamine precursor, substance containing a |
11 | | methamphetamine precursor, or anhydrous ammonia, with the |
12 | | intent that it be used to manufacture methamphetamine.
|
13 | | (b) A person who violates subsection (a) of this Section is |
14 | | guilty of a Class 3 2 felony.
|
15 | | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) |
16 | | (720 ILCS 646/35)
|
17 | | Sec. 35. Use of property. |
18 | | (a) It is unlawful for a person knowingly to use or allow |
19 | | the use of a vehicle, a structure, real property, or personal |
20 | | property within the person's control to help bring about a |
21 | | violation of this Act.
|
22 | | (b) A person who violates subsection (a) of this Section is |
23 | | guilty of a Class 3 2 felony.
|
24 | | (Source: P.A. 94-556, eff. 9-11-05.) |
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1 | | (720 ILCS 646/40)
|
2 | | Sec. 40. Protection of methamphetamine manufacturing. |
3 | | (a) It is unlawful to engage in the protection of |
4 | | methamphetamine manufacturing. A person engages in the |
5 | | protection of methamphetamine manufacturing when:
|
6 | | (1) the person knows that others have been |
7 | | participating, are participating, or will be participating |
8 | | in the manufacture of methamphetamine; and
|
9 | | (2) with the intent to help prevent detection of or |
10 | | interference with the methamphetamine manufacturing, the |
11 | | person serves as a lookout for or guard of the |
12 | | methamphetamine manufacturing.
|
13 | | (b) A person who violates subsection (a) of this Section is |
14 | | guilty of a Class 3 2 felony.
|
15 | | (Source: P.A. 94-556, eff. 9-11-05.) |
16 | | (720 ILCS 646/45)
|
17 | | Sec. 45. Methamphetamine manufacturing waste. |
18 | | (a) It is unlawful to knowingly burn, place in a trash |
19 | | receptacle, or dispose of methamphetamine manufacturing waste, |
20 | | knowing that the waste was used in the manufacturing of |
21 | | methamphetamine.
|
22 | | (b) A person who violates subsection (a) of this Section is |
23 | | guilty of a Class 3 2 felony.
|
24 | | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) |
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1 | | (720 ILCS 646/50)
|
2 | | Sec. 50. Methamphetamine-related child endangerment. |
3 | | (a) Methamphetamine-related child endangerment.
|
4 | | (1) It is unlawful to engage in |
5 | | methamphetamine-related child endangerment. A person |
6 | | engages in methamphetamine-related child endangerment when |
7 | | the person knowingly endangers the life and health of a |
8 | | child by exposing or allowing exposure of the child to a |
9 | | methamphetamine manufacturing environment.
|
10 | | (2) A person who violates paragraph (1) of this |
11 | | subsection (a) is guilty of a Class 3 2 felony.
|
12 | | (b) Aggravated methamphetamine-related child endangerment.
|
13 | | (1) It is unlawful to engage in aggravated |
14 | | methamphetamine-related child endangerment. A person |
15 | | engages in aggravated methamphetamine-related child |
16 | | endangerment when the person violates paragraph (1) of this |
17 | | subsection (a) of this Section and the child experiences |
18 | | death, great bodily harm, disability, or disfigurement as a |
19 | | result of the methamphetamine-related child endangerment.
|
20 | | (2) A person who violates paragraph (1) of this |
21 | | subsection (b) is guilty of a Class 1 X felony , subject to |
22 | | a term of imprisonment of not less than 6 years and not |
23 | | more than 30 years, and subject to a fine not to exceed |
24 | | $100,000.
|
25 | | (Source: P.A. 94-556, eff. 9-11-05.) |
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1 | | (720 ILCS 646/55)
|
2 | | Sec. 55. Methamphetamine delivery. |
3 | | (a) Delivery or possession with intent to deliver |
4 | | methamphetamine or a substance containing methamphetamine.
|
5 | | (1) It is unlawful knowingly to engage in the delivery |
6 | | or possession with intent to deliver methamphetamine or a |
7 | | substance containing methamphetamine.
|
8 | | (2) A person who violates paragraph (1) of this |
9 | | subsection (a) is subject to the following penalties:
|
10 | | (A) A person who delivers or possesses with intent |
11 | | to deliver less than 5 grams of methamphetamine or a |
12 | | substance containing methamphetamine is guilty of a |
13 | | Class 3 2 felony.
|
14 | | (B) A person who delivers or possesses with intent |
15 | | to deliver 5 or more grams but less than 15 grams of |
16 | | methamphetamine or a substance containing |
17 | | methamphetamine is guilty of a Class 2 1 felony.
|
18 | | (C) A person who delivers or possesses with intent |
19 | | to deliver 15 or more grams but less than 100 grams of |
20 | | methamphetamine or a substance containing |
21 | | methamphetamine is guilty of a Class 1 X felony, |
22 | | subject to a term of imprisonment of not less than 6 |
23 | | years and not more than 30 years, and subject to a fine |
24 | | not to exceed $100,000 or the street value of the |
25 | | methamphetamine, whichever is greater.
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1 | | (D) A person who delivers or possesses with intent |
2 | | to deliver 100 or more grams but less than 400 grams of |
3 | | methamphetamine or a substance containing |
4 | | methamphetamine is guilty of a Class 1 X felony, |
5 | | subject to a term of imprisonment of not less than 9 |
6 | | years and not more than 40 years, and subject to a fine |
7 | | not to exceed $200,000 or the street value of the |
8 | | methamphetamine, whichever is greater.
|
9 | | (E) A person who delivers or possesses with intent |
10 | | to deliver 400 or more grams but less than 900 grams of |
11 | | methamphetamine or a substance containing |
12 | | methamphetamine is guilty of a Class 1 X felony, |
13 | | subject to a term of imprisonment of not less than 12 |
14 | | years and not more than 50 years, and subject to a fine |
15 | | not to exceed $300,000 or the street value of the |
16 | | methamphetamine, whichever is greater.
|
17 | | (F) A person who delivers or possesses with intent |
18 | | to deliver 900 or more grams of methamphetamine or a |
19 | | substance containing methamphetamine is guilty of a |
20 | | Class 1 X felony, subject to a term of imprisonment of |
21 | | not less than 15 years and not more than 60 years, and |
22 | | subject to a fine not to exceed $400,000 or the street |
23 | | value of the methamphetamine, whichever is greater.
|
24 | | (b) Aggravated delivery or possession with intent to |
25 | | deliver methamphetamine or a substance containing |
26 | | methamphetamine.
|
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1 | | (1) It is unlawful to engage in the aggravated delivery |
2 | | or possession with intent to deliver methamphetamine or a |
3 | | substance containing methamphetamine. A person engages in |
4 | | the aggravated delivery or possession with intent to |
5 | | deliver methamphetamine or a substance containing |
6 | | methamphetamine when the person violates paragraph (1) of |
7 | | subsection (a) of this Section and:
|
8 | | (A) the person is at least 18 years of age and |
9 | | knowingly delivers or possesses with intent to deliver |
10 | | the methamphetamine or substance containing |
11 | | methamphetamine to a person under 18 years of age;
|
12 | | (B) the person is at least 18 years of age and |
13 | | knowingly uses, engages, employs, or causes another |
14 | | person to use, engage, or employ a person under 18 |
15 | | years of age to deliver the methamphetamine or |
16 | | substance containing methamphetamine;
|
17 | | (C) the person knowingly delivers or possesses |
18 | | with intent to deliver the methamphetamine or |
19 | | substance containing methamphetamine in any structure |
20 | | or vehicle protected by one or more firearms, explosive |
21 | | devices, booby traps, alarm systems, surveillance |
22 | | systems, guard dogs, or dangerous animals;
|
23 | | (D) the person knowingly delivers or possesses |
24 | | with intent to deliver the methamphetamine or |
25 | | substance containing methamphetamine in any school, on |
26 | | any real property comprising any school, or in any |
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1 | | conveyance owned, leased, or contracted by a school to |
2 | | transport students to or from school or a |
3 | | school-related activity and at the time of the |
4 | | violation persons under the age of 18 are present, the |
5 | | offense is committed during school hours, or the |
6 | | offense is committed at times when persons under the |
7 | | age of 18 are reasonably expected to be present in the |
8 | | school, in the conveyance, or on the real property, |
9 | | such as when after-school activities are occurring ;
|
10 | | (E) the person delivers or causes another person to |
11 | | deliver the methamphetamine or substance containing |
12 | | methamphetamine to a woman that the person knows to be |
13 | | pregnant;
or |
14 | | (F) (blank). |
15 | | (2) A person who violates paragraph (1) of this |
16 | | subsection (b) is subject to the following penalties:
|
17 | | (A) A person who delivers or possesses with intent |
18 | | to deliver less than 5 grams of methamphetamine or a |
19 | | substance containing methamphetamine is guilty of a |
20 | | Class 2 1 felony.
|
21 | | (B) A person who delivers or possesses with intent |
22 | | to deliver 5 or more grams but less than 15 grams of |
23 | | methamphetamine or a substance containing |
24 | | methamphetamine is guilty of a Class 1 X felony, |
25 | | subject to a term of imprisonment of not less than 6 |
26 | | years and not more than 30 years, and subject to a fine |
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1 | | not to exceed $100,000 or the street value of the |
2 | | methamphetamine, whichever is greater.
|
3 | | (C) A person who delivers or possesses with intent |
4 | | to deliver 15 or more grams but less than 100 grams of |
5 | | methamphetamine or a substance containing |
6 | | methamphetamine is guilty of a Class 1 X felony, |
7 | | subject to a term of imprisonment of not less than 8 |
8 | | years and not more than 40 years, and subject to a fine |
9 | | not to exceed $200,000 or the street value of the |
10 | | methamphetamine, whichever is greater.
|
11 | | (D) A person who delivers or possesses with intent |
12 | | to deliver 100 or more grams of methamphetamine or a |
13 | | substance containing methamphetamine is guilty of a |
14 | | Class 1 X felony, subject to a term of imprisonment of |
15 | | not less than 10 years and not more than 50 years, and |
16 | | subject to a fine not to exceed $300,000 or the street |
17 | | value of the methamphetamine, whichever is greater.
|
18 | | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) |
19 | | (720 ILCS 646/60)
|
20 | | Sec. 60. Methamphetamine possession. |
21 | | (a) It is unlawful knowingly to possess methamphetamine or |
22 | | a substance containing methamphetamine.
|
23 | | (b) A person who violates subsection (a) is subject to the |
24 | | following penalties:
|
25 | | (1) A person who possesses less than 5 grams of |
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1 | | methamphetamine or a substance containing methamphetamine |
2 | | is guilty of a Class 4 3 felony.
|
3 | | (2) A person who possesses 5 or more grams but less |
4 | | than 15 grams of methamphetamine or a substance containing |
5 | | methamphetamine is guilty of a Class 3 2 felony.
|
6 | | (3) A person who possesses 15 or more grams but less |
7 | | than 100 grams of methamphetamine or a substance containing |
8 | | methamphetamine is guilty of a Class 2 1 felony.
|
9 | | (4) A person who possesses 100 or more grams but less |
10 | | than 400 grams of methamphetamine or a substance containing |
11 | | methamphetamine is guilty of a Class 1 X felony , subject to |
12 | | a term of imprisonment of not less than 6 years and not |
13 | | more than 30 years, and subject to a fine not to exceed
|
14 | | $100,000.
|
15 | | (5) A person who possesses 400 or more grams but less |
16 | | than 900 grams of methamphetamine or a substance containing |
17 | | methamphetamine is guilty of a Class 1 X felony , subject to |
18 | | a term of imprisonment of not less than 8 years and not |
19 | | more than 40 years, and subject to a fine not to exceed
|
20 | | $200,000.
|
21 | | (6) A person who possesses 900 or more grams of |
22 | | methamphetamine or a substance containing methamphetamine |
23 | | is guilty of a Class 1 X felony , subject to a term of |
24 | | imprisonment of not less than 10 years and not more than 50 |
25 | | years, and subject to a fine not to exceed $300,000.
|
26 | | (Source: P.A. 94-556, eff. 9-11-05.) |
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1 | | (720 ILCS 646/80)
|
2 | | Sec. 80. Assessment. |
3 | | (a) Every person convicted of a violation of this Act, and |
4 | | every person placed on probation, conditional discharge, |
5 | | supervision, or probation under this Act, shall be assessed for |
6 | | each offense a sum fixed at:
|
7 | | (1) (Blank); $3,000 for a Class X felony;
|
8 | | (2) $2,000 for a Class 1 felony;
|
9 | | (3) $1,000 for a Class 2 felony;
|
10 | | (4) $500 for a Class 3 or Class 4 felony. |
11 | | (b) The assessment under this Section is in addition to and |
12 | | not in lieu of any fines, restitution, costs, forfeitures, or |
13 | | other assessments authorized or required by law.
|
14 | | (c) As a condition of the assessment, the court may require |
15 | | that payment be made in specified installments or within a |
16 | | specified period of time. If the assessment is not paid within |
17 | | the period of probation, conditional discharge, or supervision |
18 | | to which the defendant was originally sentenced, the court may |
19 | | extend the period of probation, conditional discharge, or |
20 | | supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified |
21 | | Code of Corrections, as applicable, until the assessment is |
22 | | paid or until successful completion of public or community |
23 | | service set forth in subsection (e) or the successful |
24 | | completion of the substance abuse intervention or treatment |
25 | | program set forth in subsection (f). If a term of probation, |
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1 | | conditional discharge, or supervision is not imposed, the |
2 | | assessment shall be payable upon judgment or as directed by the |
3 | | court.
|
4 | | (d) If an assessment for a violation of this Act is imposed |
5 | | on an organization, it is the duty of each individual |
6 | | authorized to make disbursements of the assets of the |
7 | | organization to pay the assessment from assets of the |
8 | | organization.
|
9 | | (e) A defendant who has been ordered to pay an assessment |
10 | | may petition the court to convert all or part of the assessment |
11 | | into court-approved public or community service. One hour of |
12 | | public or community service shall be equivalent to $4 of |
13 | | assessment. The performance of this public or community service |
14 | | shall be a condition of the probation, conditional discharge, |
15 | | or supervision and shall be in addition to the performance of |
16 | | any other period of public or community service ordered by the |
17 | | court or required by law.
|
18 | | (f) The court may suspend the collection of the assessment |
19 | | imposed under this Section if the defendant agrees to enter a |
20 | | substance abuse intervention or treatment program approved by |
21 | | the court and the defendant agrees to pay for all or some |
22 | | portion of the costs associated with the intervention or |
23 | | treatment program. In this case, the collection of the |
24 | | assessment imposed under this Section shall be suspended during |
25 | | the defendant's participation in the approved intervention or |
26 | | treatment program. Upon successful completion of the program, |
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1 | | the defendant may apply to the court to reduce the assessment |
2 | | imposed under this Section by any amount actually paid by the |
3 | | defendant for his or her participation in the program. The |
4 | | court shall not reduce the penalty under this subsection unless |
5 | | the defendant establishes to the satisfaction of the court that |
6 | | he or she has successfully completed the intervention or |
7 | | treatment program. If the defendant's participation is for any |
8 | | reason terminated before his or her successful completion of |
9 | | the intervention or treatment program, collection of the entire |
10 | | assessment imposed under this Section shall be enforced. |
11 | | Nothing in this Section shall be deemed to affect or suspend |
12 | | any other fines, restitution costs, forfeitures, or |
13 | | assessments imposed under this or any other Act.
|
14 | | (g) The court shall not impose more than one assessment per |
15 | | complaint, indictment, or information. If the person is |
16 | | convicted of more than one offense in a complaint, indictment, |
17 | | or information, the assessment shall be based on the highest |
18 | | class offense for which the person is convicted.
|
19 | | (h) In counties with a population under 3,000,000, all |
20 | | moneys collected under this Section shall be forwarded by the |
21 | | clerk of the circuit court to the State Treasurer for deposit |
22 | | in the Drug Treatment Fund. The Department of Human Services |
23 | | may make grants to persons licensed under Section 15-10 of the |
24 | | Alcoholism and Other Drug Abuse and Dependency Act or to |
25 | | municipalities or counties from funds appropriated to the |
26 | | Department from the Drug Treatment Fund for the treatment of |
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1 | | pregnant women who are addicted to alcohol, cannabis or |
2 | | controlled substances and for the needed care of minor, |
3 | | unemancipated children of women undergoing residential drug |
4 | | treatment. If the Department of Human Services grants funds to |
5 | | a municipality or a county that the Department determines is |
6 | | not experiencing a problem with pregnant women addicted to |
7 | | alcohol, cannabis or controlled substances, or with care for |
8 | | minor, unemancipated children of women undergoing residential |
9 | | drug treatment, or intervention, the funds shall be used for |
10 | | the treatment of any person addicted to alcohol, cannabis, or |
11 | | controlled substances. The Department may adopt such rules as |
12 | | it deems appropriate for the administration of such grants.
|
13 | | (i) In counties with a population of 3,000,000 or more, all |
14 | | moneys collected under this Section shall be forwarded to the |
15 | | County Treasurer for deposit into the County Health Fund. The |
16 | | County Treasurer shall, no later than the 15th day of each |
17 | | month, forward to the State Treasurer 30 percent of all moneys |
18 | | collected under this Act and received into the County Health |
19 | | Fund since the prior remittance to the State Treasurer. Funds |
20 | | retained by the County shall be used for community-based |
21 | | treatment of pregnant women who are addicted to alcohol, |
22 | | cannabis, or controlled substances or for the needed care of |
23 | | minor, unemancipated children of these women. Funds forwarded |
24 | | to the State Treasurer shall be deposited into the State Drug |
25 | | Treatment Fund maintained by the State Treasurer from which the |
26 | | Department of Human Services may make grants to persons |
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1 | | licensed under Section 15-10 of the Alcoholism and Other Drug |
2 | | Abuse and Dependency Act or to municipalities or counties from |
3 | | funds appropriated to the Department from the Drug Treatment |
4 | | Fund, provided that the moneys collected from each county be |
5 | | returned proportionately to the counties through grants to |
6 | | licensees located within the county from which the assessment |
7 | | was received and moneys in the State Drug Treatment Fund shall |
8 | | not supplant other local, State or federal funds. If the |
9 | | Department of Human Services grants funds to a municipality or |
10 | | county that the Department determines is not experiencing a |
11 | | problem with pregnant women addicted to alcohol, cannabis or |
12 | | controlled substances, or with care for minor, unemancipated |
13 | | children or women undergoing residential drug treatment, the |
14 | | funds shall be used for the treatment of any person addicted to |
15 | | alcohol, cannabis or controlled substances. The Department may |
16 | | adopt such rules as it deems appropriate for the administration |
17 | | of such grants.
|
18 | | (Source: P.A. 94-556, eff. 9-11-05.) |
19 | | Section 35. The Unified Code of Corrections is amended by |
20 | | changing Sections 3-6-3, 5-4-1, 5-5-3, and 5-8-8 and by adding |
21 | | Section 5-4.5-110 as follows:
|
22 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
|
23 | | Sec. 3-6-3. Rules and regulations for sentence credit.
|
24 | | (a)(1) The Department of Corrections shall prescribe rules
|
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1 | | and regulations for awarding and revoking sentence credit for |
2 | | persons committed to the Department which shall
be subject to |
3 | | review by the Prisoner Review Board.
|
4 | | (1.5) As otherwise provided by law, sentence credit may be |
5 | | awarded for the following: |
6 | | (A) successful completion of programming while in |
7 | | custody of the Department or while in custody prior to |
8 | | sentencing; |
9 | | (B) compliance with the rules and regulations of the |
10 | | Department; or |
11 | | (C) service to the institution, service to a community, |
12 | | or service to the State. |
13 | | (2) Except as provided in paragraph (4.7) of this |
14 | | subsection (a), the The rules and regulations on sentence |
15 | | credit shall provide, with
respect to offenses listed in clause |
16 | | (i), (ii), or (iii) of this paragraph (2) committed on or after |
17 | | June 19, 1998 or with respect to the offense listed in clause |
18 | | (iv) of this paragraph (2) committed on or after June 23, 2005 |
19 | | (the effective date of Public Act 94-71) or with
respect to |
20 | | offense listed in clause (vi)
committed on or after June 1, |
21 | | 2008 (the effective date of Public Act 95-625)
or with respect |
22 | | to the offense of being an armed habitual criminal committed on |
23 | | or after August 2, 2005 (the effective date of Public Act |
24 | | 94-398) or with respect to the offenses listed in clause (v) of |
25 | | this paragraph (2) committed on or after August 13, 2007 (the |
26 | | effective date of Public Act 95-134) or with respect to the |
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1 | | offense of aggravated domestic battery committed on or after |
2 | | July 23, 2010 (the effective date of Public Act 96-1224) or |
3 | | with respect to the offense of attempt to commit terrorism |
4 | | committed on or after January 1, 2013 (the effective date of |
5 | | Public Act 97-990), the following:
|
6 | | (i) that a prisoner who is serving a term of |
7 | | imprisonment for first
degree murder or for the offense of |
8 | | terrorism shall receive no sentence
credit and shall serve |
9 | | the entire
sentence imposed by the court;
|
10 | | (ii) that a prisoner serving a sentence for attempt to |
11 | | commit terrorism, attempt to commit first
degree murder, |
12 | | solicitation of murder, solicitation of murder for hire,
|
13 | | intentional homicide of an unborn child, predatory |
14 | | criminal sexual assault of a
child, aggravated criminal |
15 | | sexual assault, criminal sexual assault, aggravated
|
16 | | kidnapping, aggravated battery with a firearm as described |
17 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or |
18 | | (e)(4) of Section 12-3.05, heinous battery as described in |
19 | | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, |
20 | | being an armed habitual criminal, aggravated
battery of a |
21 | | senior citizen as described in Section 12-4.6 or |
22 | | subdivision (a)(4) of Section 12-3.05, or aggravated |
23 | | battery of a child as described in Section 12-4.3 or |
24 | | subdivision (b)(1) of Section 12-3.05 shall receive no
more |
25 | | than 4.5 days of sentence credit for each month of his or |
26 | | her sentence
of imprisonment;
|
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1 | | (iii) that a prisoner serving a sentence
for home |
2 | | invasion, armed robbery, aggravated vehicular hijacking,
|
3 | | aggravated discharge of a firearm, or armed violence with a |
4 | | category I weapon
or category II weapon, when the court
has |
5 | | made and entered a finding, pursuant to subsection (c-1) of |
6 | | Section 5-4-1
of this Code, that the conduct leading to |
7 | | conviction for the enumerated offense
resulted in great |
8 | | bodily harm to a victim, shall receive no more than 4.5 |
9 | | days
of sentence credit for each month of his or her |
10 | | sentence of imprisonment;
|
11 | | (iv) that a prisoner serving a sentence for aggravated |
12 | | discharge of a firearm, whether or not the conduct leading |
13 | | to conviction for the offense resulted in great bodily harm |
14 | | to the victim, shall receive no more than 4.5 days of |
15 | | sentence credit for each month of his or her sentence of |
16 | | imprisonment;
|
17 | | (v) that a person serving a sentence for gunrunning, |
18 | | narcotics racketeering, controlled substance trafficking, |
19 | | methamphetamine trafficking, drug-induced homicide, |
20 | | aggravated methamphetamine-related child endangerment, |
21 | | money laundering pursuant to clause (c) (4) or (5) of |
22 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal |
23 | | Code of 2012, or a Class X felony conviction for delivery |
24 | | of a controlled substance, possession of a controlled |
25 | | substance with intent to manufacture or deliver, |
26 | | calculated criminal drug conspiracy, criminal drug |
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1 | | conspiracy, street gang criminal drug conspiracy, |
2 | | participation in methamphetamine manufacturing, aggravated |
3 | | participation in methamphetamine manufacturing, delivery |
4 | | of methamphetamine, possession with intent to deliver |
5 | | methamphetamine, aggravated delivery of methamphetamine, |
6 | | aggravated possession with intent to deliver |
7 | | methamphetamine, methamphetamine conspiracy when the |
8 | | substance containing the controlled substance or |
9 | | methamphetamine is 100 grams or more shall receive no more |
10 | | than 7.5 days sentence credit for each month of his or her |
11 | | sentence of imprisonment;
|
12 | | (vi)
that a prisoner serving a sentence for a second or |
13 | | subsequent offense of luring a minor shall receive no more |
14 | | than 4.5 days of sentence credit for each month of his or |
15 | | her sentence of imprisonment; and
|
16 | | (vii) that a prisoner serving a sentence for aggravated |
17 | | domestic battery shall receive no more than 4.5 days of |
18 | | sentence credit for each month of his or her sentence of |
19 | | imprisonment. |
20 | | (2.1) For all offenses, other than those enumerated in |
21 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
22 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after |
23 | | June 23, 2005 (the effective date of Public Act 94-71) or |
24 | | subdivision (a)(2)(v) committed on or after August 13, 2007 |
25 | | (the effective date of Public Act 95-134)
or subdivision |
26 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective |
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1 | | date of Public Act 95-625) or subdivision (a)(2)(vii) committed |
2 | | on or after July 23, 2010 (the effective date of Public Act |
3 | | 96-1224), and other than the offense of aggravated driving |
4 | | under the influence of alcohol, other drug or drugs, or
|
5 | | intoxicating compound or compounds, or any combination thereof |
6 | | as defined in
subparagraph (F) of paragraph (1) of subsection |
7 | | (d) of Section 11-501 of the
Illinois Vehicle Code, and other |
8 | | than the offense of aggravated driving under the influence of |
9 | | alcohol,
other drug or drugs, or intoxicating compound or |
10 | | compounds, or any combination
thereof as defined in |
11 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section |
12 | | 11-501 of the Illinois Vehicle Code committed on or after |
13 | | January 1, 2011 (the effective date of Public Act 96-1230),
the |
14 | | rules and regulations shall
provide that a prisoner who is |
15 | | serving a term of
imprisonment shall receive one day of |
16 | | sentence credit for each day of
his or her sentence of |
17 | | imprisonment or recommitment under Section 3-3-9.
Each day of |
18 | | sentence credit shall reduce by one day the prisoner's period
|
19 | | of imprisonment or recommitment under Section 3-3-9.
|
20 | | (2.2) A prisoner serving a term of natural life |
21 | | imprisonment or a
prisoner who has been sentenced to death |
22 | | shall receive no sentence
credit.
|
23 | | (2.3) Except as provided in paragraph (4.7) of this |
24 | | subsection (a), the The rules and regulations on sentence |
25 | | credit shall provide that
a prisoner who is serving a sentence |
26 | | for aggravated driving under the influence of alcohol,
other |
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1 | | drug or drugs, or intoxicating compound or compounds, or any |
2 | | combination
thereof as defined in subparagraph (F) of paragraph |
3 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle |
4 | | Code, shall receive no more than 4.5
days of sentence credit |
5 | | for each month of his or her sentence of
imprisonment.
|
6 | | (2.4) Except as provided in paragraph (4.7) of this |
7 | | subsection (a), the The rules and regulations on sentence |
8 | | credit shall provide with
respect to the offenses of aggravated |
9 | | battery with a machine gun or a firearm
equipped with any |
10 | | device or attachment designed or used for silencing the
report |
11 | | of a firearm or aggravated discharge of a machine gun or a |
12 | | firearm
equipped with any device or attachment designed or used |
13 | | for silencing the
report of a firearm, committed on or after
|
14 | | July 15, 1999 (the effective date of Public Act 91-121),
that a |
15 | | prisoner serving a sentence for any of these offenses shall |
16 | | receive no
more than 4.5 days of sentence credit for each month |
17 | | of his or her sentence
of imprisonment.
|
18 | | (2.5) Except as provided in paragraph (4.7) of this |
19 | | subsection (a), the The rules and regulations on sentence |
20 | | credit shall provide that a
prisoner who is serving a sentence |
21 | | for aggravated arson committed on or after
July 27, 2001 (the |
22 | | effective date of Public Act 92-176) shall receive no more than
|
23 | | 4.5 days of sentence credit for each month of his or her |
24 | | sentence of
imprisonment.
|
25 | | (2.6) Except as provided in paragraph (4.7) of this |
26 | | subsection (a), the The rules and regulations on sentence |
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1 | | credit shall provide that a
prisoner who is serving a sentence |
2 | | for aggravated driving under the influence of alcohol,
other |
3 | | drug or drugs, or intoxicating compound or compounds or any |
4 | | combination
thereof as defined in subparagraph (C) of paragraph |
5 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle |
6 | | Code committed on or after January 1, 2011 (the effective date |
7 | | of Public Act 96-1230) shall receive no more than 4.5
days of |
8 | | sentence credit for each month of his or her sentence of
|
9 | | imprisonment. |
10 | | (3) Except as provided in paragraph (4.7) of this |
11 | | subsection (a), the The rules and regulations shall also |
12 | | provide that
the Director may award up to 180 days additional |
13 | | sentence
credit for good conduct in specific instances as the
|
14 | | Director deems proper. The good conduct may include, but is not |
15 | | limited to, compliance with the rules and regulations of the |
16 | | Department, service to the Department, service to a community, |
17 | | or service to the State. However, the Director shall not award |
18 | | more than 90 days
of sentence credit for good conduct to any |
19 | | prisoner who is serving a sentence for
conviction of first |
20 | | degree murder, reckless homicide while under the
influence of |
21 | | alcohol or any other drug,
or aggravated driving under the |
22 | | influence of alcohol, other drug or drugs, or
intoxicating |
23 | | compound or compounds, or any combination thereof as defined in
|
24 | | subparagraph (F) of paragraph (1) of subsection (d) of Section |
25 | | 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, |
26 | | kidnapping,
predatory criminal sexual assault of a child,
|
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1 | | aggravated criminal sexual assault, criminal sexual assault, |
2 | | deviate sexual
assault, aggravated criminal sexual abuse, |
3 | | aggravated indecent liberties
with a child, indecent liberties |
4 | | with a child, child pornography, heinous
battery as described |
5 | | in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, |
6 | | aggravated battery of a spouse, aggravated battery of a spouse
|
7 | | with a firearm, stalking, aggravated stalking, aggravated |
8 | | battery of a child as described in Section 12-4.3 or |
9 | | subdivision (b)(1) of Section 12-3.05,
endangering the life or |
10 | | health of a child, or cruelty to a child. Notwithstanding the |
11 | | foregoing, sentence credit for
good conduct shall not be |
12 | | awarded on a
sentence of imprisonment imposed for conviction |
13 | | of : (i) one of the offenses
enumerated in subdivision |
14 | | (a)(2)(i), (ii), or (iii) when the offense is committed on or |
15 | | after
June 19, 1998 or subdivision (a)(2)(iv) when the offense |
16 | | is committed on or after June 23, 2005 (the effective date of |
17 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense is |
18 | | committed on or after August 13, 2007 (the effective date of |
19 | | Public Act 95-134)
or subdivision (a)(2)(vi) when the offense |
20 | | is committed on or after June 1, 2008 (the effective date of |
21 | | Public Act 95-625) or subdivision (a)(2)(vii) when the offense |
22 | | is committed on or after July 23, 2010 (the effective date of |
23 | | Public Act 96-1224), (ii) aggravated driving under the |
24 | | influence of alcohol, other drug or drugs, or
intoxicating |
25 | | compound or compounds, or any combination thereof as defined in
|
26 | | subparagraph (F) of paragraph (1) of subsection (d) of Section |
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1 | | 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses |
2 | | enumerated in subdivision
(a)(2.4) when the offense is |
3 | | committed on or after
July 15, 1999 (the effective date of |
4 | | Public Act 91-121),
(iv) aggravated arson when the offense is |
5 | | committed
on or after July 27, 2001 (the effective date of |
6 | | Public Act 92-176), (v) offenses that may subject the offender |
7 | | to commitment under the Sexually Violent Persons Commitment |
8 | | Act , or (vi) aggravated driving under the influence of alcohol,
|
9 | | other drug or drugs, or intoxicating compound or compounds or |
10 | | any combination
thereof as defined in subparagraph (C) of |
11 | | paragraph (1) of subsection (d) of
Section 11-501 of the |
12 | | Illinois Vehicle Code committed on or after January 1, 2011 |
13 | | (the effective date of Public Act 96-1230) .
|
14 | | Eligible inmates for an award of sentence credit under
this |
15 | | paragraph (3) may be selected to receive the credit at
the |
16 | | Director's or his or her designee's sole discretion.
|
17 | | Consideration may be based on, but not limited to, any
|
18 | | available risk assessment analysis on the inmate, any history |
19 | | of conviction for violent crimes as defined by the Rights of |
20 | | Crime Victims and Witnesses Act, facts and circumstances of the |
21 | | inmate's holding offense or offenses, and the potential for |
22 | | rehabilitation. |
23 | | The Director shall not award sentence credit under this |
24 | | paragraph (3) to an inmate unless the inmate has served a |
25 | | minimum of 60 days of the sentence; except nothing in this |
26 | | paragraph shall be construed to permit the Director to extend |
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1 | | an inmate's sentence beyond that which was imposed by the |
2 | | court. Prior to awarding credit under this paragraph (3), the |
3 | | Director shall make a written determination that the inmate: |
4 | | (A) is eligible for the sentence credit; |
5 | | (B) has served a minimum of 60 days, or as close to 60 |
6 | | days as the sentence will allow; and |
7 | | (C) has met the eligibility criteria established by |
8 | | rule. |
9 | | The Director shall determine the form and content of the |
10 | | written determination required in this subsection. |
11 | | (3.5) The Department shall provide annual written reports |
12 | | to the Governor and the General Assembly on the award of |
13 | | sentence credit for good conduct, with the first report due |
14 | | January 1, 2014. The Department must publish both reports on |
15 | | its website within 48 hours of transmitting the reports to the |
16 | | Governor and the General Assembly. The reports must include: |
17 | | (A) the number of inmates awarded sentence credit for |
18 | | good conduct; |
19 | | (B) the average amount of sentence credit for good |
20 | | conduct awarded; |
21 | | (C) the holding offenses of inmates awarded sentence |
22 | | credit for good conduct; and |
23 | | (D) the number of sentence credit for good conduct |
24 | | revocations. |
25 | | (4) Except as provided in paragraph (4.7) of this |
26 | | subsection (a), the The rules and regulations shall also |
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1 | | provide that the sentence
credit accumulated and retained under |
2 | | paragraph (2.1) of subsection (a) of
this Section by any inmate |
3 | | during specific periods of time in which such
inmate is engaged |
4 | | full-time in substance abuse programs, correctional
industry |
5 | | assignments, educational programs, behavior modification |
6 | | programs, life skills courses, or re-entry planning provided by |
7 | | the Department
under this paragraph (4) and satisfactorily |
8 | | completes the assigned program as
determined by the standards |
9 | | of the Department, shall be multiplied by a factor
of 1.25 for |
10 | | program participation before August 11, 1993
and 1.50 for |
11 | | program participation on or after that date.
The rules and |
12 | | regulations shall also provide that sentence credit, subject to |
13 | | the same offense limits and multiplier provided in this |
14 | | paragraph, may be provided to an inmate who was held in |
15 | | pre-trial detention prior to his or her current commitment to |
16 | | the Department of Corrections and successfully completed a |
17 | | full-time, 60-day or longer substance abuse program, |
18 | | educational program, behavior modification program, life |
19 | | skills course, or re-entry planning provided by the county |
20 | | department of corrections or county jail. Calculation of this |
21 | | county program credit shall be done at sentencing as provided |
22 | | in Section 5-4.5-100 of this Code and shall be included in the |
23 | | sentencing order. However, no inmate shall be eligible for the |
24 | | additional sentence credit
under this paragraph (4) or (4.1) of |
25 | | this subsection (a) while assigned to a boot camp
or electronic |
26 | | detention , or if convicted of an offense enumerated in
|
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1 | | subdivision (a)(2)(i), (ii), or (iii) of this Section that is |
2 | | committed on or after June 19,
1998 or subdivision (a)(2)(iv) |
3 | | of this Section that is committed on or after June 23, 2005 |
4 | | (the effective date of Public Act 94-71) or subdivision |
5 | | (a)(2)(v) of this Section that is committed on or after August |
6 | | 13, 2007 (the effective date of Public Act 95-134)
or |
7 | | subdivision (a)(2)(vi) when the offense is committed on or |
8 | | after June 1, 2008 (the effective date of Public Act 95-625) or |
9 | | subdivision (a)(2)(vii) when the offense is committed on or |
10 | | after July 23, 2010 (the effective date of Public Act 96-1224), |
11 | | or if convicted of aggravated driving under the influence of |
12 | | alcohol, other drug or drugs, or
intoxicating compound or |
13 | | compounds or any combination thereof as defined in
subparagraph |
14 | | (F) of paragraph (1) of subsection (d) of Section 11-501 of the
|
15 | | Illinois Vehicle Code, or if convicted of aggravated driving |
16 | | under the influence of alcohol,
other drug or drugs, or |
17 | | intoxicating compound or compounds or any combination
thereof |
18 | | as defined in subparagraph (C) of paragraph (1) of subsection |
19 | | (d) of
Section 11-501 of the Illinois Vehicle Code committed on |
20 | | or after January 1, 2011 (the effective date of Public Act |
21 | | 96-1230), or if convicted of an offense enumerated in paragraph
|
22 | | (a)(2.4) of this Section that is committed on or after
July 15, |
23 | | 1999 (the effective date of Public Act 91-121),
or first degree |
24 | | murder, a Class X felony, criminal sexual
assault, felony |
25 | | criminal sexual abuse, aggravated criminal sexual abuse,
|
26 | | aggravated battery with a firearm as described in Section |
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1 | | 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of |
2 | | Section 12-3.05, or any predecessor or successor offenses
with |
3 | | the same or substantially the same elements , or any inchoate |
4 | | offenses
relating to the foregoing offenses . No inmate shall be |
5 | | eligible for the
additional good conduct credit under this |
6 | | paragraph (4) who (i) has previously
received increased good |
7 | | conduct credit under this paragraph (4) and has
subsequently |
8 | | been convicted of a
felony, or (ii) has previously served more |
9 | | than one prior sentence of
imprisonment for a felony in an |
10 | | adult correctional facility.
|
11 | | Educational, vocational, substance abuse, behavior |
12 | | modification programs, life skills courses, re-entry planning, |
13 | | and correctional
industry programs under which sentence credit |
14 | | may be increased under
this paragraph (4) and paragraph (4.1) |
15 | | of this subsection (a) shall be evaluated by the Department on |
16 | | the basis of
documented standards. The Department shall report |
17 | | the results of these
evaluations to the Governor and the |
18 | | General Assembly by September 30th of each
year. The reports |
19 | | shall include data relating to the recidivism rate among
|
20 | | program participants.
|
21 | | Availability of these programs shall be subject to the
|
22 | | limits of fiscal resources appropriated by the General Assembly |
23 | | for these
purposes. Eligible inmates who are denied immediate |
24 | | admission shall be
placed on a waiting list under criteria |
25 | | established by the Department.
The inability of any inmate to |
26 | | become engaged in any such programs
by reason of insufficient |
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1 | | program resources or for any other reason
established under the |
2 | | rules and regulations of the Department shall not be
deemed a |
3 | | cause of action under which the Department or any employee or
|
4 | | agent of the Department shall be liable for damages to the |
5 | | inmate.
|
6 | | (4.1) Except as provided in paragraph (4.7) of this |
7 | | subsection (a), the The rules and regulations shall also |
8 | | provide that an additional 90 days of sentence credit shall be |
9 | | awarded to any prisoner who passes high school equivalency |
10 | | testing while the prisoner is committed to the Department of |
11 | | Corrections. The sentence credit awarded under this paragraph |
12 | | (4.1) shall be in addition to, and shall not affect, the award |
13 | | of sentence credit under any other paragraph of this Section, |
14 | | but shall also be pursuant to the guidelines and restrictions |
15 | | set forth in paragraph (4) of subsection (a) of this Section.
|
16 | | The sentence credit provided for in this paragraph shall be |
17 | | available only to those prisoners who have not previously |
18 | | earned a high school diploma or a high school equivalency |
19 | | certificate. If, after an award of the high school equivalency |
20 | | testing sentence credit has been made, the Department |
21 | | determines that the prisoner was not eligible, then the award |
22 | | shall be revoked.
The Department may also award 90 days of |
23 | | sentence credit to any committed person who passed high school |
24 | | equivalency testing while he or she was held in pre-trial |
25 | | detention prior to the current commitment to the Department of |
26 | | Corrections. |
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1 | | (4.5) The rules and regulations on sentence credit shall |
2 | | also provide that
when the court's sentencing order recommends |
3 | | a prisoner for substance abuse treatment and the
crime was |
4 | | committed on or after September 1, 2003 (the effective date of
|
5 | | Public Act 93-354), the prisoner shall receive no sentence |
6 | | credit awarded under clause (3) of this subsection (a) unless |
7 | | he or she participates in and
completes a substance abuse |
8 | | treatment program. The Director may waive the requirement to |
9 | | participate in or complete a substance abuse treatment program |
10 | | and award the sentence credit in specific instances if the |
11 | | prisoner is not a good candidate for a substance abuse |
12 | | treatment program for medical, programming, or operational |
13 | | reasons. Availability of
substance abuse treatment shall be |
14 | | subject to the limits of fiscal resources
appropriated by the |
15 | | General Assembly for these purposes. If treatment is not
|
16 | | available and the requirement to participate and complete the |
17 | | treatment has not been waived by the Director, the prisoner |
18 | | shall be placed on a waiting list under criteria
established by |
19 | | the Department. The Director may allow a prisoner placed on
a |
20 | | waiting list to participate in and complete a substance abuse |
21 | | education class or attend substance
abuse self-help meetings in |
22 | | lieu of a substance abuse treatment program. A prisoner on a |
23 | | waiting list who is not placed in a substance abuse program |
24 | | prior to release may be eligible for a waiver and receive |
25 | | sentence credit under clause (3) of this subsection (a) at the |
26 | | discretion of the Director.
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1 | | (4.6) The rules and regulations on sentence credit shall |
2 | | also provide that a prisoner who has been convicted of a sex |
3 | | offense as defined in Section 2 of the Sex Offender |
4 | | Registration Act shall receive no sentence credit unless he or |
5 | | she either has successfully completed or is participating in |
6 | | sex offender treatment as defined by the Sex Offender |
7 | | Management Board. However, prisoners who are waiting to receive |
8 | | treatment, but who are unable to do so due solely to the lack |
9 | | of resources on the part of the Department, may, at the |
10 | | Director's sole discretion, be awarded sentence credit at a |
11 | | rate as the Director shall determine. |
12 | | (4.7) On or after the effective date of this amendatory Act |
13 | | of the 99th General Assembly, sentence credit under paragraph |
14 | | (3), (4), or (4.1) of this subsection (a) may be awarded to a |
15 | | prisoner who is serving a sentence for an offense described in |
16 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned |
17 | | on or after the effective date of this amendatory Act of the |
18 | | 99th General Assembly; provided, the award of the credits under |
19 | | this paragraph (4.7) shall not reduce the sentence of the |
20 | | prisoner to less than the following amounts: |
21 | | (i) 90% of his or her sentence if the prisoner is |
22 | | required to serve 100% of his or her sentence; |
23 | | (ii) 75% of his or her sentence if the prisoner is |
24 | | required to serve 85% of his or her sentence; or |
25 | | (iii) 60% of his or her sentence if the prisoner is |
26 | | required to serve 75% of his or her sentence. |
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1 | | (5) Whenever the Department is to release any inmate |
2 | | earlier than it
otherwise would because of a grant of sentence |
3 | | credit for good conduct under paragraph (3) of subsection (a) |
4 | | of this Section given at any time during the term, the |
5 | | Department shall give
reasonable notice of the impending |
6 | | release not less than 14 days prior to the date of the release |
7 | | to the State's
Attorney of the county where the prosecution of |
8 | | the inmate took place, and if applicable, the State's Attorney |
9 | | of the county into which the inmate will be released. The |
10 | | Department must also make identification information and a |
11 | | recent photo of the inmate being released accessible on the |
12 | | Internet by means of a hyperlink labeled "Community |
13 | | Notification of Inmate Early Release" on the Department's World |
14 | | Wide Web homepage.
The identification information shall |
15 | | include the inmate's: name, any known alias, date of birth, |
16 | | physical characteristics, commitment offense and county where |
17 | | conviction was imposed. The identification information shall |
18 | | be placed on the website within 3 days of the inmate's release |
19 | | and the information may not be removed until either: completion |
20 | | of the first year of mandatory supervised release or return of |
21 | | the inmate to custody of the Department.
|
22 | | (b) Whenever a person is or has been committed under
|
23 | | several convictions, with separate sentences, the sentences
|
24 | | shall be construed under Section 5-8-4 in granting and
|
25 | | forfeiting of sentence credit.
|
26 | | (c) The Department shall prescribe rules and regulations
|
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1 | | for revoking sentence credit, including revoking sentence |
2 | | credit awarded for good conduct under paragraph (3) of |
3 | | subsection (a) of this Section. The Department shall prescribe |
4 | | rules and regulations for suspending or reducing
the rate of |
5 | | accumulation of sentence credit for specific
rule violations, |
6 | | during imprisonment. These rules and regulations
shall provide |
7 | | that no inmate may be penalized more than one
year of sentence |
8 | | credit for any one infraction.
|
9 | | When the Department seeks to revoke, suspend or reduce
the |
10 | | rate of accumulation of any sentence credits for
an alleged |
11 | | infraction of its rules, it shall bring charges
therefor |
12 | | against the prisoner sought to be so deprived of
sentence |
13 | | credits before the Prisoner Review Board as
provided in |
14 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
15 | | amount of credit at issue exceeds 30 days or
when during any 12 |
16 | | month period, the cumulative amount of
credit revoked exceeds |
17 | | 30 days except where the infraction is committed
or discovered |
18 | | within 60 days of scheduled release. In those cases,
the |
19 | | Department of Corrections may revoke up to 30 days of sentence |
20 | | credit.
The Board may subsequently approve the revocation of |
21 | | additional sentence credit, if the Department seeks to revoke |
22 | | sentence credit in
excess of 30 days. However, the Board shall |
23 | | not be empowered to review the
Department's decision with |
24 | | respect to the loss of 30 days of sentence
credit within any |
25 | | calendar year for any prisoner or to increase any penalty
|
26 | | beyond the length requested by the Department.
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1 | | The Director of the Department of Corrections, in |
2 | | appropriate cases, may
restore up to 30 days of sentence |
3 | | credits which have been revoked, suspended
or reduced. Any |
4 | | restoration of sentence credits in excess of 30 days shall
be |
5 | | subject to review by the Prisoner Review Board. However, the |
6 | | Board may not
restore sentence credit in excess of the amount |
7 | | requested by the Director.
|
8 | | Nothing contained in this Section shall prohibit the |
9 | | Prisoner Review Board
from ordering, pursuant to Section |
10 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
11 | | sentence imposed by the court that was not served due to the
|
12 | | accumulation of sentence credit.
|
13 | | (d) If a lawsuit is filed by a prisoner in an Illinois or |
14 | | federal court
against the State, the Department of Corrections, |
15 | | or the Prisoner Review Board,
or against any of
their officers |
16 | | or employees, and the court makes a specific finding that a
|
17 | | pleading, motion, or other paper filed by the prisoner is |
18 | | frivolous, the
Department of Corrections shall conduct a |
19 | | hearing to revoke up to
180 days of sentence credit by bringing |
20 | | charges against the prisoner
sought to be deprived of the |
21 | | sentence credits before the Prisoner Review
Board as provided |
22 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the |
23 | | prisoner has not accumulated 180 days of sentence credit at the
|
24 | | time of the finding, then the Prisoner Review Board may revoke |
25 | | all
sentence credit accumulated by the prisoner.
|
26 | | For purposes of this subsection (d):
|
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1 | | (1) "Frivolous" means that a pleading, motion, or other |
2 | | filing which
purports to be a legal document filed by a |
3 | | prisoner in his or her lawsuit meets
any or all of the |
4 | | following criteria:
|
5 | | (A) it lacks an arguable basis either in law or in |
6 | | fact;
|
7 | | (B) it is being presented for any improper purpose, |
8 | | such as to harass or
to cause unnecessary delay or |
9 | | needless increase in the cost of litigation;
|
10 | | (C) the claims, defenses, and other legal |
11 | | contentions therein are not
warranted by existing law |
12 | | or by a nonfrivolous argument for the extension,
|
13 | | modification, or reversal of existing law or the |
14 | | establishment of new law;
|
15 | | (D) the allegations and other factual contentions |
16 | | do not have
evidentiary
support or, if specifically so |
17 | | identified, are not likely to have evidentiary
support |
18 | | after a reasonable opportunity for further |
19 | | investigation or discovery;
or
|
20 | | (E) the denials of factual contentions are not |
21 | | warranted on the
evidence, or if specifically so |
22 | | identified, are not reasonably based on a lack
of |
23 | | information or belief.
|
24 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 |
25 | | of the Code of Criminal Procedure of 1963, a habeas corpus |
26 | | action under
Article X of the Code of Civil Procedure or |
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1 | | under federal law (28 U.S.C. 2254),
a petition for claim |
2 | | under the Court of Claims Act, an action under the
federal |
3 | | Civil Rights Act (42 U.S.C. 1983), or a second or |
4 | | subsequent petition for post-conviction relief under |
5 | | Article 122 of the Code of Criminal Procedure of 1963 |
6 | | whether filed with or without leave of court or a second or |
7 | | subsequent petition for relief from judgment under Section |
8 | | 2-1401 of the Code of Civil Procedure.
|
9 | | (e) Nothing in Public Act 90-592 or 90-593 affects the |
10 | | validity of Public Act 89-404.
|
11 | | (f) Whenever the Department is to release any inmate who |
12 | | has been convicted of a violation of an order of protection |
13 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
14 | | the Criminal Code of 2012, earlier than it
otherwise would |
15 | | because of a grant of sentence credit, the Department, as a |
16 | | condition of release, shall require that the person, upon |
17 | | release, be placed under electronic surveillance as provided in |
18 | | Section 5-8A-7 of this Code. |
19 | | (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, |
20 | | eff. 1-1-16; 99-642, eff. 7-28-16.)
|
21 | | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
|
22 | | Sec. 5-4-1. Sentencing Hearing.
|
23 | | (a) Except when the death penalty is
sought under hearing |
24 | | procedures otherwise specified, after a
determination of |
25 | | guilt, a hearing shall be held to impose the sentence.
However, |
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1 | | prior to the imposition of sentence on an individual being
|
2 | | sentenced for an offense based upon a charge for a violation of |
3 | | Section
11-501 of the Illinois Vehicle Code or a similar |
4 | | provision of a local
ordinance, the individual must undergo a |
5 | | professional evaluation to
determine if an alcohol or other |
6 | | drug abuse problem exists and the extent
of such a problem. |
7 | | Programs conducting these evaluations shall be
licensed by the |
8 | | Department of Human Services. However, if the individual is
not |
9 | | a resident of Illinois, the court
may, in its discretion, |
10 | | accept an evaluation from a program in the state of
such |
11 | | individual's residence. The court may in its sentencing order |
12 | | approve an
eligible defendant for placement in a Department of |
13 | | Corrections impact
incarceration program as provided in |
14 | | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing |
15 | | order recommend a defendant for placement in a Department of |
16 | | Corrections substance abuse treatment program as provided in |
17 | | paragraph (a) of subsection (1) of Section 3-2-2 conditioned |
18 | | upon the defendant being accepted in a program by the |
19 | | Department of Corrections. At the
hearing the court
shall:
|
20 | | (1) consider the evidence, if any, received upon the |
21 | | trial;
|
22 | | (2) consider any presentence reports;
|
23 | | (3) consider the financial impact of incarceration |
24 | | based on the
financial impact statement filed with the |
25 | | clerk of the court by the
Department of Corrections;
|
26 | | (4) consider evidence and information offered by the |
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1 | | parties in
aggravation and mitigation; |
2 | | (4.5) consider substance abuse treatment, eligibility |
3 | | screening, and an assessment, if any, of the defendant by |
4 | | an agent designated by the State of Illinois to provide |
5 | | assessment services for the Illinois courts;
|
6 | | (5) hear arguments as to sentencing alternatives;
|
7 | | (6) afford the defendant the opportunity to make a |
8 | | statement in his
own behalf;
|
9 | | (7) afford the victim of a violent crime or a violation |
10 | | of Section
11-501 of the Illinois Vehicle Code, or a |
11 | | similar provision of a local
ordinance, or a qualified |
12 | | individual affected by: (i) a violation of Section
405, |
13 | | 405.1, 405.2, or 407 of the Illinois Controlled Substances |
14 | | Act or a violation of Section 55 or Section 65 of the |
15 | | Methamphetamine Control and Community Protection Act,
or |
16 | | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 |
17 | | except as described in subdivisions (a)(2)(A) and |
18 | | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012,
|
20 | | committed by the defendant the opportunity to make a |
21 | | statement
concerning the impact on the victim and to offer |
22 | | evidence in aggravation or
mitigation; provided that the |
23 | | statement and evidence offered in aggravation
or |
24 | | mitigation must first be prepared in writing in conjunction |
25 | | with the
State's Attorney before it may be presented orally |
26 | | at the hearing. Any
sworn testimony offered by the victim |
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1 | | is subject to the defendant's right
to cross-examine. All |
2 | | statements and evidence offered under this paragraph
(7) |
3 | | shall become part of the record of the court. For the |
4 | | purpose of this
paragraph (7), "qualified individual" |
5 | | means any person who (i) lived or worked
within the |
6 | | territorial jurisdiction where the offense took place when |
7 | | the
offense took place;
and (ii) is familiar with various |
8 | | public places within the territorial
jurisdiction where
|
9 | | the offense took place when the offense took place. For the |
10 | | purposes of
this paragraph (7), "qualified individual" |
11 | | includes any peace officer,
or any member of any duly |
12 | | organized State, county, or municipal peace unit
assigned |
13 | | to the territorial jurisdiction where the offense took |
14 | | place when the
offense took
place;
|
15 | | (8) in cases of reckless homicide afford the victim's |
16 | | spouse,
guardians, parents or other immediate family |
17 | | members an opportunity to make
oral statements;
|
18 | | (9) in cases involving a felony sex offense as defined |
19 | | under the Sex
Offender
Management Board Act, consider the |
20 | | results of the sex offender evaluation
conducted pursuant |
21 | | to Section 5-3-2 of this Act; and
|
22 | | (10) make a finding of whether a motor vehicle was used |
23 | | in the commission of the offense for which the defendant is |
24 | | being sentenced. |
25 | | (b) All sentences shall be imposed by the judge based upon |
26 | | his
independent assessment of the elements specified above and |
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1 | | any agreement
as to sentence reached by the parties. The judge |
2 | | who presided at the
trial or the judge who accepted the plea of |
3 | | guilty shall impose the
sentence unless he is no longer sitting |
4 | | as a judge in that court. Where
the judge does not impose |
5 | | sentence at the same time on all defendants
who are convicted |
6 | | as a result of being involved in the same offense, the
|
7 | | defendant or the State's Attorney may advise the sentencing |
8 | | court of the
disposition of any other defendants who have been |
9 | | sentenced.
|
10 | | (b-1) In imposing a sentence of imprisonment or periodic |
11 | | imprisonment for a Class 3 or Class 4 felony for which a |
12 | | sentence of probation or conditional discharge is an available |
13 | | sentence, if the defendant has no prior sentence of probation |
14 | | or conditional discharge and no prior conviction for a violent |
15 | | crime, the defendant shall not be sentenced to imprisonment |
16 | | before review and consideration of a presentence report and |
17 | | determination and explanation of why the particular evidence, |
18 | | information, factor in aggravation, factual finding, or other |
19 | | reasons support a sentencing determination that one or more of |
20 | | the factors under subsection (a) of Section 5-6-1 of this Code |
21 | | apply and that probation or conditional discharge is not an |
22 | | appropriate sentence. |
23 | | (c) In imposing a sentence for a violent crime or for an |
24 | | offense of
operating or being in physical control of a vehicle |
25 | | while under the
influence of alcohol, any other drug or any |
26 | | combination thereof, or a
similar provision of a local |
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1 | | ordinance, when such offense resulted in the
personal injury to |
2 | | someone other than the defendant, the trial judge shall
specify |
3 | | on the record the particular evidence, information, factors in
|
4 | | mitigation and aggravation or other reasons that led to his |
5 | | sentencing
determination. The full verbatim record of the |
6 | | sentencing hearing shall be
filed with the clerk of the court |
7 | | and shall be a public record.
|
8 | | (c-1) In imposing a sentence for the offense of aggravated |
9 | | kidnapping for
ransom, home invasion, armed robbery, |
10 | | aggravated vehicular hijacking,
aggravated discharge of a |
11 | | firearm, or armed violence with a category I weapon
or category |
12 | | II weapon,
the trial judge shall make a finding as to whether |
13 | | the conduct leading to
conviction for the offense resulted in |
14 | | great bodily harm to a victim, and
shall enter that finding and |
15 | | the basis for that finding in the record.
|
16 | | (c-2) If the defendant is sentenced to prison, other than |
17 | | when a sentence of
natural life imprisonment or a sentence of |
18 | | death is imposed, at the time
the sentence is imposed the judge |
19 | | shall
state on the record in open court the approximate period |
20 | | of time the defendant
will serve in custody according to the |
21 | | then current statutory rules and
regulations for sentence |
22 | | credit found in Section 3-6-3 and other related
provisions of |
23 | | this Code. This statement is intended solely to inform the
|
24 | | public, has no legal effect on the defendant's actual release, |
25 | | and may not be
relied on by the defendant on appeal.
|
26 | | The judge's statement, to be given after pronouncing the |
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1 | | sentence, other than
when the sentence is imposed for one of |
2 | | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, |
3 | | shall include the following:
|
4 | | "The purpose of this statement is to inform the public of |
5 | | the actual period
of time this defendant is likely to spend in |
6 | | prison as a result of this
sentence. The actual period of |
7 | | prison time served is determined by the
statutes of Illinois as |
8 | | applied to this sentence by the Illinois Department of
|
9 | | Corrections and
the Illinois Prisoner Review Board. In this |
10 | | case, assuming the defendant
receives all of his or her |
11 | | sentence credit, the period of estimated actual
custody is ... |
12 | | years and ... months, less up to 180 days additional sentence |
13 | | credit for good conduct. If the defendant, because of his or
|
14 | | her own misconduct or failure to comply with the institutional |
15 | | regulations,
does not receive those credits, the actual time |
16 | | served in prison will be
longer. The defendant may also receive |
17 | | an additional one-half day sentence
credit for each day of |
18 | | participation in vocational, industry, substance abuse,
and |
19 | | educational programs as provided for by Illinois statute."
|
20 | | When the sentence is imposed for one of the offenses |
21 | | enumerated in paragraph
(a)(3) of Section 3-6-3 , other than |
22 | | when the sentence is imposed for one of the
offenses enumerated |
23 | | in paragraph (a)(2) of Section 3-6-3 committed on or after
June |
24 | | 19, 1998, and other than when the sentence is imposed for
|
25 | | reckless homicide as defined in subsection (e) of Section 9-3 |
26 | | of the Criminal
Code of 1961 or the Criminal Code of 2012 if |
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1 | | the offense was committed on or after January 1, 1999, and
|
2 | | other than when the sentence is imposed for aggravated arson if |
3 | | the offense was
committed on or after July 27, 2001 (the |
4 | | effective date of Public Act
92-176), and
other than when the |
5 | | sentence is imposed for aggravated driving under the influence |
6 | | of alcohol,
other drug or drugs, or intoxicating compound or |
7 | | compounds, or any combination
thereof as defined in |
8 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section |
9 | | 11-501 of the Illinois Vehicle Code committed on or after |
10 | | January 1, 2011 (the effective date of Public Act 96-1230), the
|
11 | | judge's statement, to be given after pronouncing the sentence, |
12 | | shall include
the following:
|
13 | | "The purpose of this statement is to inform the public of |
14 | | the actual period
of time this defendant is likely to spend in |
15 | | prison as a result of this
sentence. The actual period of |
16 | | prison time served is determined by the
statutes of Illinois as |
17 | | applied to this sentence by the Illinois Department of
|
18 | | Corrections and the Illinois Prisoner Review Board. In this |
19 | | case,
assuming the defendant
receives all of his or her |
20 | | sentence credit, the period of estimated actual
custody is ... |
21 | | years and ... months , less up to 90 days additional sentence |
22 | | credit for good conduct . If the defendant, because of his or
|
23 | | her own misconduct or failure to comply with the institutional |
24 | | regulations,
does not receive those credits, the actual time |
25 | | served in prison will be
longer. The defendant may also receive |
26 | | an additional one-half day sentence
credit for each day of |
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1 | | participation in vocational, industry, substance abuse,
and |
2 | | educational programs as provided for by Illinois statute."
|
3 | | When the sentence is imposed for one of the offenses |
4 | | enumerated in paragraph
(a)(2) of Section 3-6-3, other than |
5 | | first degree murder, and the offense was
committed on or after |
6 | | June 19, 1998, and when the sentence is imposed for
reckless |
7 | | homicide as defined in subsection (e) of Section 9-3 of the |
8 | | Criminal
Code of 1961 or the Criminal Code of 2012 if the |
9 | | offense was committed on or after January 1, 1999,
and when the |
10 | | sentence is imposed for aggravated driving under the influence
|
11 | | of alcohol, other drug or drugs, or intoxicating compound or |
12 | | compounds, or
any combination thereof as defined in |
13 | | subparagraph (F) of paragraph (1) of
subsection (d) of Section |
14 | | 11-501 of the Illinois Vehicle Code, and when
the sentence is |
15 | | imposed for aggravated arson if the offense was committed
on or |
16 | | after July 27, 2001 (the effective date of Public Act 92-176), |
17 | | and when
the sentence is imposed for aggravated driving under |
18 | | the influence of alcohol,
other drug or drugs, or intoxicating |
19 | | compound or compounds, or any combination
thereof as defined in |
20 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section |
21 | | 11-501 of the Illinois Vehicle Code committed on or after |
22 | | January 1, 2011 (the effective date of Public Act 96-1230), the |
23 | | judge's
statement, to be given after pronouncing the sentence, |
24 | | shall include the
following:
|
25 | | "The purpose of this statement is to inform the public of |
26 | | the actual period
of time this defendant is likely to spend in |
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1 | | prison as a result of this
sentence. The actual period of |
2 | | prison time served is determined by the
statutes of Illinois as |
3 | | applied to this sentence by the Illinois Department of
|
4 | | Corrections and
the Illinois Prisoner Review Board. In this |
5 | | case,
the defendant is entitled to no more than 4 1/2 days of |
6 | | sentence credit for
each month of his or her sentence of |
7 | | imprisonment. Therefore, this defendant
will serve at least 85% |
8 | | of his or her sentence. Assuming the defendant
receives 4 1/2 |
9 | | days credit for each month of his or her sentence, the period
|
10 | | of estimated actual custody is ... years and ... months , less |
11 | | up to 180 days additional sentence credit for good conduct . The |
12 | | defendant may also receive an additional one-half day sentence
|
13 | | credit for each day of participation in vocational, industry, |
14 | | substance abuse,
and educational programs earned on or after |
15 | | January 1, 2019 as provided for by Illinois statute and subject |
16 | | to the limitations of Illinois statute. Assuming the defendant
|
17 | | receives the credit, the period
of estimated actual custody |
18 | | would be reduced by the credit. However, the credit may not |
19 | | reduce time served to less than 75% of his or her sentence. If |
20 | | the defendant,
because of his or her own misconduct or failure |
21 | | to comply with the
institutional regulations receives lesser |
22 | | credit, the actual time served in
prison will be longer."
|
23 | | When a sentence of imprisonment is imposed for first degree |
24 | | murder and
the offense was committed on or after June 19, 1998, |
25 | | the judge's statement,
to be given after pronouncing the |
26 | | sentence, shall include the following:
|
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1 | | "The purpose of this statement is to inform the public of |
2 | | the actual period
of time this defendant is likely to spend in |
3 | | prison as a result of this
sentence. The actual period of |
4 | | prison time served is determined by the
statutes of Illinois as |
5 | | applied to this sentence by the Illinois Department
of |
6 | | Corrections and the Illinois Prisoner Review Board. In this |
7 | | case, the
defendant is not entitled to sentence credit earned |
8 | | before January 1, 2019 . The defendant is entitled to earn 10% |
9 | | sentence credit for credits earned on or after January 1, 2019 |
10 | | and up to 180 days of additional sentence credit for good |
11 | | conduct. If the defendant,
because of his or her own misconduct |
12 | | or failure to comply with the
institutional regulations |
13 | | receives lesser credit, the actual time served in
prison will |
14 | | be longer. Therefore, this defendant
will serve at least 90% of |
15 | | his or her sentence. However, the credit may not reduce time |
16 | | served to less than 90% Therefore, this defendant
will serve |
17 | | 100% of his or her sentence."
|
18 | | When the sentencing order recommends placement in a |
19 | | substance abuse program for any offense that results in |
20 | | incarceration
in a Department of Corrections facility and the |
21 | | crime was
committed on or after September 1, 2003 (the |
22 | | effective date of Public Act
93-354), the judge's
statement, in |
23 | | addition to any other judge's statement required under this
|
24 | | Section, to be given after pronouncing the sentence, shall |
25 | | include the
following:
|
26 | | "The purpose of this statement is to inform the public of
|
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1 | | the actual period of time this defendant is likely to spend in
|
2 | | prison as a result of this sentence. The actual period of
|
3 | | prison time served is determined by the statutes of Illinois as
|
4 | | applied to this sentence by the Illinois Department of
|
5 | | Corrections and the Illinois Prisoner Review Board. In this
|
6 | | case, the defendant shall receive no sentence credit for good |
7 | | conduct under clause (3) of subsection (a) of Section 3-6-3 |
8 | | until he or
she participates in and completes a substance abuse |
9 | | treatment program or receives a waiver from the Director of |
10 | | Corrections pursuant to clause (4.5) of subsection (a) of |
11 | | Section 3-6-3."
|
12 | | (c-4) Before the sentencing hearing and as part of the |
13 | | presentence investigation under Section 5-3-1, the court shall |
14 | | inquire of the defendant whether the defendant is currently |
15 | | serving in or is a veteran of the Armed Forces of the United |
16 | | States.
If the defendant is currently serving in the Armed |
17 | | Forces of the United States or is a veteran of the Armed Forces |
18 | | of the United States and has been diagnosed as having a mental |
19 | | illness by a qualified psychiatrist or clinical psychologist or |
20 | | physician, the court may: |
21 | | (1) order that the officer preparing the presentence |
22 | | report consult with the United States Department of |
23 | | Veterans Affairs, Illinois Department of Veterans' |
24 | | Affairs, or another agency or person with suitable |
25 | | knowledge or experience for the purpose of providing the |
26 | | court with information regarding treatment options |
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1 | | available to the defendant, including federal, State, and |
2 | | local programming; and |
3 | | (2) consider the treatment recommendations of any |
4 | | diagnosing or treating mental health professionals |
5 | | together with the treatment options available to the |
6 | | defendant in imposing sentence. |
7 | | For the purposes of this subsection (c-4), "qualified |
8 | | psychiatrist" means a reputable physician licensed in Illinois |
9 | | to practice medicine in all its branches, who has specialized |
10 | | in the diagnosis and treatment of mental and nervous disorders |
11 | | for a period of not less than 5 years. |
12 | | (c-6) In imposing a sentence, the trial judge shall |
13 | | specify, on the record, the particular evidence and other |
14 | | reasons which led to his or her determination that a motor |
15 | | vehicle was used in the commission of the offense. |
16 | | (d) When the defendant is committed to the Department of
|
17 | | Corrections, the State's Attorney shall and counsel for the |
18 | | defendant
may file a statement with the clerk of the court to |
19 | | be transmitted to
the department, agency or institution to |
20 | | which the defendant is
committed to furnish such department, |
21 | | agency or institution with the
facts and circumstances of the |
22 | | offense for which the person was
committed together with all |
23 | | other factual information accessible to them
in regard to the |
24 | | person prior to his commitment relative to his habits,
|
25 | | associates, disposition and reputation and any other facts and
|
26 | | circumstances which may aid such department, agency or |
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1 | | institution
during its custody of such person. The clerk shall |
2 | | within 10 days after
receiving any such statements transmit a |
3 | | copy to such department, agency
or institution and a copy to |
4 | | the other party, provided, however, that
this shall not be |
5 | | cause for delay in conveying the person to the
department, |
6 | | agency or institution to which he has been committed.
|
7 | | (e) The clerk of the court shall transmit to the |
8 | | department,
agency or institution, if any, to which the |
9 | | defendant is committed, the
following:
|
10 | | (1) the sentence imposed;
|
11 | | (2) any statement by the court of the basis for |
12 | | imposing the sentence;
|
13 | | (3) any presentence reports;
|
14 | | (3.5) any sex offender evaluations;
|
15 | | (3.6) any substance abuse treatment eligibility |
16 | | screening and assessment of the defendant by an agent |
17 | | designated by the State of Illinois to provide assessment |
18 | | services for the Illinois courts;
|
19 | | (4) the number of days, if any, which the defendant has |
20 | | been in
custody and for which he is entitled to credit |
21 | | against the sentence,
which information shall be provided |
22 | | to the clerk by the sheriff;
|
23 | | (4.1) any finding of great bodily harm made by the |
24 | | court with respect
to an offense enumerated in subsection |
25 | | (c-1);
|
26 | | (5) all statements filed under subsection (d) of this |
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1 | | Section;
|
2 | | (6) any medical or mental health records or summaries |
3 | | of the defendant;
|
4 | | (7) the municipality where the arrest of the offender |
5 | | or the commission
of the offense has occurred, where such |
6 | | municipality has a population of
more than 25,000 persons;
|
7 | | (8) all statements made and evidence offered under |
8 | | paragraph (7) of
subsection (a) of this Section; and
|
9 | | (9) all additional matters which the court directs the |
10 | | clerk to
transmit.
|
11 | | (f) In cases in which the court finds that a motor vehicle |
12 | | was used in the commission of the offense for which the |
13 | | defendant is being sentenced, the clerk of the court shall, |
14 | | within 5 days thereafter, forward a report of such conviction |
15 | | to the Secretary of State. |
16 | | (Source: P.A. 99-861, eff. 1-1-17 .) |
17 | | (730 ILCS 5/5-4.5-110 new) |
18 | | Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH |
19 | | PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. |
20 | | (a) DEFINITIONS. For the purposes of this Section: |
21 | | "Firearm" has the meaning ascribed to it in Section 1.1 |
22 | | of the Firearm Owners Identification Card Act. |
23 | | "Qualifying predicate offense" means the following |
24 | | offenses under the Criminal Code of 2012: |
25 | | (A) aggravated unlawful use of a weapon under |
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1 | | Section 24-1.6 or similar offense under the Criminal |
2 | | Code of 1961, when the weapon is a firearm; |
3 | | (B) unlawful use or possession of a weapon by a |
4 | | felon under 24-1.1 or similar offense under the |
5 | | Criminal Code of 1961, when the
weapon is a firearm; |
6 | | (C) first degree murder under Section 9-1 or |
7 | | similar offense under the Criminal Code of 1961; |
8 | | (D) attempted first degree murder with a firearm or |
9 | | similar offense under the Criminal Code of 1961; |
10 | | (E) aggravated kidnapping with a firearm under |
11 | | paragraph (6) or (7) of subsection (a) of Section 10-2 |
12 | | or similar offense under the Criminal Code of 1961; |
13 | | (F) aggravated battery with a firearm under |
14 | | subsection (e) of Section 12-3.05 or similar offense |
15 | | under the Criminal Code of 1961; |
16 | | (G) aggravated criminal sexual assault under |
17 | | Section 11-1.30 or similar offense under the Criminal |
18 | | Code of 1961; |
19 | | (H) predatory criminal sexual assault of a child |
20 | | under Section 11-1.40 or similar offense under the |
21 | | Criminal Code of 1961; |
22 | | (I) armed robbery under Section 18-2 or similar |
23 | | offense under the Criminal Code of 1961; |
24 | | (J) vehicular hijacking under Section 18-3 or |
25 | | similar offense under the Criminal Code of 1961; |
26 | | (K) aggravated vehicular hijacking under Section |
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1 | | 18-4 or similar offense under the Criminal Code of |
2 | | 1961; |
3 | | (L) home invasion with a firearm under paragraph |
4 | | (3), (4), or (5) of subsection (a) of Section 19-6 or |
5 | | similar offense under the Criminal Code of 1961; |
6 | | (M) aggravated discharge of a firearm under |
7 | | Section 24-1.2 or similar offense under the Criminal |
8 | | Code of 1961; |
9 | | (N) aggravated discharge of a machine gun or a |
10 | | firearm equipped with a device
designed or used for |
11 | | silencing the report of a firearm under Section |
12 | | 24-1.2-5 or similar offense under the Criminal Code of |
13 | | 1961; |
14 | | (0) unlawful use of firearm projectiles under |
15 | | Section 24-2.1 or similar offense under the Criminal |
16 | | Code of 1961; |
17 | | (P) manufacture, sale, or transfer of bullets or |
18 | | shells represented to be armor piercing
bullets, |
19 | | dragon's breath shotgun shells, bolo shells, or |
20 | | flechette shells under Section 24-2.2 or similar |
21 | | offense under the Criminal Code of 1961; |
22 | | (Q) unlawful sale or delivery of firearms under |
23 | | Section 24-3 or similar offense under the Criminal Code |
24 | | of 1961; |
25 | | (R) unlawful discharge of firearm projectiles |
26 | | under Section 24-3.2 or similar offense under the |
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1 | | Criminal Code of 1961; |
2 | | (S) unlawful sale or delivery of firearms on school |
3 | | premises of any school under Section 24-3.3 or similar |
4 | | offense under the Criminal Code of 1961; |
5 | | (T) unlawful purchase of a firearm under Section |
6 | | 24-3.5 or similar offense under the Criminal Code of |
7 | | 1961; |
8 | | (U) use of a stolen firearm in the commission of an |
9 | | offense under Section 24-3.7 or similar offense under |
10 | | the Criminal Code of 1961; |
11 | | (V) possession of a stolen firearm under Section |
12 | | 24-3.8 or similar offense under the Criminal Code of |
13 | | 1961; |
14 | | (W) aggravated possession of a stolen firearm |
15 | | under Section 24-3.9 or similar offense under the |
16 | | Criminal Code of 1961; |
17 | | (X) gunrunning under Section 24-3A or similar |
18 | | offense under the Criminal Code of 1961; |
19 | | (Y) defacing identification marks of firearms |
20 | | under Section 24-5 or similar offense under the |
21 | | Criminal Code of 1961; and |
22 | | (Z) armed violence under Section 33A-2 or similar |
23 | | offense under the Criminal Code of 1961. |
24 | | (b) APPLICABILITY. On or after the effective date of this |
25 | | amendatory Act of the 99th General Assembly, when a person is |
26 | | convicted of unlawful use or possession of a weapon by a felon, |
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1 | | when the weapon is a firearm, or aggravated unlawful use of a |
2 | | weapon, when the weapon is a firearm, after being previously |
3 | | convicted of a qualifying predicate offense the person shall be |
4 | | subject to the sentencing guidelines under this Section. |
5 | | (c) SENTENCING GUIDELINES. |
6 | | (1) When a person is convicted of unlawful use or |
7 | | possession of a weapon by a felon, when the weapon is a |
8 | | firearm, and that person has been previously convicted of a |
9 | | qualifying predicate offense, the person shall be |
10 | | sentenced to a term of imprisonment within the sentencing |
11 | | range of not less than 7 years and not more than 14 years, |
12 | | unless the court finds that a departure from the sentencing |
13 | | guidelines under this paragraph is warranted under |
14 | | subsection (d) of this Section. |
15 | | (2) When a person is convicted of aggravated unlawful |
16 | | use of a weapon, when the weapon is a firearm, and that |
17 | | person has been previously convicted of a qualifying |
18 | | predicate offense, the person shall be sentenced to a term |
19 | | of imprisonment within the sentencing range of not less |
20 | | than 6 years and not more than 7 years, unless the court |
21 | | finds that a departure from the sentencing guidelines under |
22 | | this paragraph is warranted under subsection (d) of this |
23 | | Section. |
24 | | (d) DEPARTURE FROM SENTENCING GUIDELINES. |
25 | | (1) At the sentencing hearing conducted under Section |
26 | | 5-4-1 of this Code, the court may depart from the
|
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1 | | sentencing guidelines provided in subsection (c) of this |
2 | | Section and impose a sentence
otherwise authorized by law |
3 | | for the offense if the court, after considering any factor |
4 | | under paragraph (2) of this subsection (d) relevant to the |
5 | | nature and
circumstances of the crime and to the history |
6 | | and character of the defendant, finds on the record
|
7 | | substantial and compelling justification that the sentence |
8 | | within the sentencing guidelines would be unduly harsh and
|
9 | | that a sentence otherwise authorized by law would be |
10 | | consistent with public
safety and does not deprecate the |
11 | | seriousness of the offense. |
12 | | (2) In deciding whether to depart from the sentencing |
13 | | guidelines under this paragraph, the court shall
consider: |
14 | | (A) the age, immaturity, or limited mental |
15 | | capacity of the defendant at the time of
commission of |
16 | | the qualifying predicate or current offense, including |
17 | | whether the defendant
was suffering from a mental or |
18 | | physical condition insufficient to constitute a
|
19 | | defense but significantly reduced the defendant's |
20 | | culpability; |
21 | | (B) the nature and circumstances of the qualifying |
22 | | predicate offense; |
23 | | (C) the time elapsed since the qualifying |
24 | | predicate offense; |
25 | | (D) the nature and circumstances of the current |
26 | | offense; |
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1 | | (E) the defendant's prior criminal history; |
2 | | (F) whether the defendant committed the qualifying |
3 | | predicate or current offense under
specific and |
4 | | credible duress, coercion, threat, or compulsion; |
5 | | (G) whether the defendant aided in the |
6 | | apprehension of another felon or testified
truthfully |
7 | | on behalf of another prosecution of a felony; |
8 | | (H) whether departure is in the interest of the |
9 | | person's rehabilitation, including employment or |
10 | | educational or vocational training, after taking into |
11 | | account any past rehabilitation efforts or |
12 | | dispositions of probation or supervision, and the |
13 | | defendant's cooperation or response to rehabilitation; |
14 | | and |
15 | | (I) whether departure is in the interest of public |
16 | | safety. |
17 | | (3) When departing from the sentencing guidelines |
18 | | under this Section, the court shall specify on the record, |
19 | | the particular evidence, information, factor or factors, |
20 | | or other reasons which led to the departure from the |
21 | | sentencing guidelines. When departing from the sentencing |
22 | | range in accordance with this subsection (d), the court |
23 | | shall indicate on the sentencing order which departure |
24 | | factor or factors outlined in paragraph (2) of this |
25 | | subsection (d) led to the sentence imposed. The sentencing |
26 | | order shall be filed with the clerk of the court and shall |
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1 | | be a public record.
|
2 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
3 | | Sec. 5-5-3. Disposition.
|
4 | | (a) (Blank).
|
5 | | (b) (Blank).
|
6 | | (c) (1) (Blank).
|
7 | | (2) A period of probation, a term of periodic imprisonment |
8 | | or
conditional discharge shall not be imposed for the following |
9 | | offenses.
The court shall sentence the offender to not less |
10 | | than the minimum term
of imprisonment set forth in this Code |
11 | | for the following offenses, and
may order a fine or restitution |
12 | | or both in conjunction with such term of
imprisonment:
|
13 | | (A) First degree murder where the death penalty is not |
14 | | imposed.
|
15 | | (B) Attempted first degree murder.
|
16 | | (C) A Class X felony.
|
17 | | (D) A violation of Section 401.1 or 407 of the
Illinois |
18 | | Controlled Substances Act , or a violation of subdivision |
19 | | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates |
20 | | to more than 5 grams of a substance
containing cocaine, |
21 | | fentanyl, or an analog thereof .
|
22 | | (D-5) (Blank). A violation of subdivision (c)(1) of
|
23 | | Section 401 of the Illinois Controlled Substances Act which |
24 | | relates to 3 or more grams of a substance
containing heroin |
25 | | or an analog thereof. |
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1 | | (E) A violation of Section 5.1 or 9 of the Cannabis |
2 | | Control
Act.
|
3 | | (F) A Class 2 or greater felony if the offender had |
4 | | been convicted
of a Class 2 or greater felony, including |
5 | | any state or federal conviction for an offense that |
6 | | contained, at the time it was committed, the same elements |
7 | | as an offense now (the date of the offense committed after |
8 | | the prior Class 2 or greater felony) classified as a Class |
9 | | 2 or greater felony, within 10 years of the date on which |
10 | | the
offender
committed the offense for which he or she is |
11 | | being sentenced, except as
otherwise provided in Section |
12 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
13 | | Act.
|
14 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of |
15 | | the Criminal Code of 1961 or the Criminal Code of 2012 for |
16 | | which imprisonment is prescribed in those Sections. |
17 | | (G) Residential burglary, except as otherwise provided |
18 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and |
19 | | Dependency Act.
|
20 | | (H) Criminal sexual assault.
|
21 | | (I) Aggravated battery of a senior citizen as described |
22 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 |
23 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
|
24 | | (J) A forcible felony if the offense was related to the |
25 | | activities of an
organized gang.
|
26 | | Before July 1, 1994, for the purposes of this |
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1 | | paragraph, "organized
gang" means an association of 5 or |
2 | | more persons, with an established hierarchy,
that |
3 | | encourages members of the association to perpetrate crimes |
4 | | or provides
support to the members of the association who |
5 | | do commit crimes.
|
6 | | Beginning July 1, 1994, for the purposes of this |
7 | | paragraph,
"organized gang" has the meaning ascribed to it |
8 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
9 | | Prevention Act.
|
10 | | (K) Vehicular hijacking.
|
11 | | (L) A second or subsequent conviction for the offense |
12 | | of hate crime
when the underlying offense upon which the |
13 | | hate crime is based is felony
aggravated
assault or felony |
14 | | mob action.
|
15 | | (M) A second or subsequent conviction for the offense |
16 | | of institutional
vandalism if the damage to the property |
17 | | exceeds $300.
|
18 | | (N) A Class 3 felony violation of paragraph (1) of |
19 | | subsection (a) of
Section 2 of the Firearm Owners |
20 | | Identification Card Act.
|
21 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
22 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
23 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
24 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal |
25 | | Code of 1961 or the Criminal Code of 2012.
|
26 | | (Q) A violation of subsection (b) or (b-5) of Section |
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1 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
2 | | Code of
1961 or the Criminal Code of 2012.
|
3 | | (R) A violation of Section 24-3A of the Criminal Code |
4 | | of
1961 or the Criminal Code of 2012.
|
5 | | (S) (Blank).
|
6 | | (T) (Blank). A second or subsequent violation of the |
7 | | Methamphetamine Control and Community Protection Act.
|
8 | | (U) A second or subsequent violation of Section 6-303 |
9 | | of the Illinois Vehicle Code committed while his or her |
10 | | driver's license, permit, or privilege was revoked because |
11 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
12 | | or the Criminal Code of 2012, relating to the offense of |
13 | | reckless homicide, or a similar provision of a law of |
14 | | another state.
|
15 | | (V)
A violation of paragraph (4) of subsection (c) of |
16 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
17 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
18 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
19 | | Code of 2012 when the victim is under 13 years of age and |
20 | | the defendant has previously been convicted under the laws |
21 | | of this State or any other state of the offense of child |
22 | | pornography, aggravated child pornography, aggravated |
23 | | criminal sexual abuse, aggravated criminal sexual assault, |
24 | | predatory criminal sexual assault of a child, or any of the |
25 | | offenses formerly known as rape, deviate sexual assault, |
26 | | indecent liberties with a child, or aggravated indecent |
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1 | | liberties with a child where the victim was under the age |
2 | | of 18 years or an offense that is substantially equivalent |
3 | | to those offenses. |
4 | | (W) A violation of Section 24-3.5 of the Criminal Code |
5 | | of 1961 or the Criminal Code of 2012.
|
6 | | (X) A violation of subsection (a) of Section 31-1a of |
7 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
8 | | (Y) A conviction for unlawful possession of a firearm |
9 | | by a street gang member when the firearm was loaded or |
10 | | contained firearm ammunition. |
11 | | (Z) A Class 1 felony committed while he or she was |
12 | | serving a term of probation or conditional discharge for a |
13 | | felony. |
14 | | (AA) Theft of property exceeding $500,000 and not |
15 | | exceeding $1,000,000 in value. |
16 | | (BB) Laundering of criminally derived property of a |
17 | | value exceeding
$500,000. |
18 | | (CC) Knowingly selling, offering for sale, holding for |
19 | | sale, or using 2,000 or more counterfeit items or |
20 | | counterfeit items having a retail value in the aggregate of |
21 | | $500,000 or more. |
22 | | (DD) A conviction for aggravated assault under |
23 | | paragraph (6) of subsection (c) of Section 12-2 of the |
24 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
25 | | firearm is aimed toward the person against whom the firearm |
26 | | is being used. |
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1 | | (EE) A conviction for a violation of paragraph (2) of |
2 | | subsection (a) of Section 24-3B of the Criminal Code of |
3 | | 2012. |
4 | | (3) (Blank).
|
5 | | (4) A minimum term of imprisonment of not less than 10
|
6 | | consecutive days or 30 days of community service shall be |
7 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
8 | | the Illinois Vehicle Code.
|
9 | | (4.1) (Blank).
|
10 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
11 | | this subsection (c), a
minimum of
100 hours of community |
12 | | service shall be imposed for a second violation of
Section |
13 | | 6-303
of the Illinois Vehicle Code.
|
14 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
15 | | hours of community
service, as determined by the court, shall
|
16 | | be imposed for a second violation of subsection (c) of Section |
17 | | 6-303 of the
Illinois Vehicle Code.
|
18 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
19 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of |
20 | | 30 days or 300 hours of community service, as
determined by the |
21 | | court, shall
be imposed
for a third or subsequent violation of |
22 | | Section 6-303 of the Illinois Vehicle
Code.
|
23 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
24 | | imposed for a third violation of subsection (c) of
Section |
25 | | 6-303 of the Illinois Vehicle Code.
|
26 | | (4.6) Except as provided in paragraph (4.10) of this |
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1 | | subsection (c), a minimum term of imprisonment of 180 days |
2 | | shall be imposed for a
fourth or subsequent violation of |
3 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
4 | | (4.7) A minimum term of imprisonment of not less than 30 |
5 | | consecutive days, or 300 hours of community service, shall be |
6 | | imposed for a violation of subsection (a-5) of Section 6-303 of |
7 | | the Illinois Vehicle Code, as provided in subsection (b-5) of |
8 | | that Section.
|
9 | | (4.8) A mandatory prison sentence shall be imposed for a |
10 | | second violation of subsection (a-5) of Section 6-303 of the |
11 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
12 | | Section. The person's driving privileges shall be revoked for a |
13 | | period of not less than 5 years from the date of his or her |
14 | | release from prison.
|
15 | | (4.9) A mandatory prison sentence of not less than 4 and |
16 | | not more than 15 years shall be imposed for a third violation |
17 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
18 | | Code, as provided in subsection (d-2.5) of that Section. The |
19 | | person's driving privileges shall be revoked for the remainder |
20 | | of his or her life.
|
21 | | (4.10) A mandatory prison sentence for a Class 1 felony |
22 | | shall be imposed, and the person shall be eligible for an |
23 | | extended term sentence, for a fourth or subsequent violation of |
24 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, |
25 | | as provided in subsection (d-3.5) of that Section. The person's |
26 | | driving privileges shall be revoked for the remainder of his or |
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1 | | her life.
|
2 | | (5) The court may sentence a corporation or unincorporated
|
3 | | association convicted of any offense to:
|
4 | | (A) a period of conditional discharge;
|
5 | | (B) a fine;
|
6 | | (C) make restitution to the victim under Section 5-5-6 |
7 | | of this Code.
|
8 | | (5.1) In addition to any other penalties imposed, and |
9 | | except as provided in paragraph (5.2) or (5.3), a person
|
10 | | convicted of violating subsection (c) of Section 11-907 of the |
11 | | Illinois
Vehicle Code shall have his or her driver's license, |
12 | | permit, or privileges
suspended for at least 90 days but not |
13 | | more than one year, if the violation
resulted in damage to the |
14 | | property of another person.
|
15 | | (5.2) In addition to any other penalties imposed, and |
16 | | except as provided in paragraph (5.3), a person convicted
of |
17 | | violating subsection (c) of Section 11-907 of the Illinois |
18 | | Vehicle Code
shall have his or her driver's license, permit, or |
19 | | privileges suspended for at
least 180 days but not more than 2 |
20 | | years, if the violation resulted in injury
to
another person.
|
21 | | (5.3) In addition to any other penalties imposed, a person |
22 | | convicted of violating subsection (c) of Section
11-907 of the |
23 | | Illinois Vehicle Code shall have his or her driver's license,
|
24 | | permit, or privileges suspended for 2 years, if the violation |
25 | | resulted in the
death of another person.
|
26 | | (5.4) In addition to any other penalties imposed, a person |
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1 | | convicted of violating Section 3-707 of the Illinois Vehicle |
2 | | Code shall have his or her driver's license, permit, or |
3 | | privileges suspended for 3 months and until he or she has paid |
4 | | a reinstatement fee of $100. |
5 | | (5.5) In addition to any other penalties imposed, a person |
6 | | convicted of violating Section 3-707 of the Illinois Vehicle |
7 | | Code during a period in which his or her driver's license, |
8 | | permit, or privileges were suspended for a previous violation |
9 | | of that Section shall have his or her driver's license, permit, |
10 | | or privileges suspended for an additional 6 months after the |
11 | | expiration of the original 3-month suspension and until he or |
12 | | she has paid a reinstatement fee of $100.
|
13 | | (6) (Blank).
|
14 | | (7) (Blank).
|
15 | | (8) (Blank).
|
16 | | (9) A defendant convicted of a second or subsequent offense |
17 | | of ritualized
abuse of a child may be sentenced to a term of |
18 | | natural life imprisonment.
|
19 | | (10) (Blank).
|
20 | | (11) The court shall impose a minimum fine of $1,000 for a |
21 | | first offense
and $2,000 for a second or subsequent offense |
22 | | upon a person convicted of or
placed on supervision for battery |
23 | | when the individual harmed was a sports
official or coach at |
24 | | any level of competition and the act causing harm to the
sports
|
25 | | official or coach occurred within an athletic facility or |
26 | | within the immediate vicinity
of the athletic facility at which |
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1 | | the sports official or coach was an active
participant
of the |
2 | | athletic contest held at the athletic facility. For the |
3 | | purposes of
this paragraph (11), "sports official" means a |
4 | | person at an athletic contest
who enforces the rules of the |
5 | | contest, such as an umpire or referee; "athletic facility" |
6 | | means an indoor or outdoor playing field or recreational area |
7 | | where sports activities are conducted;
and "coach" means a |
8 | | person recognized as a coach by the sanctioning
authority that |
9 | | conducted the sporting event. |
10 | | (12) A person may not receive a disposition of court |
11 | | supervision for a
violation of Section 5-16 of the Boat |
12 | | Registration and Safety Act if that
person has previously |
13 | | received a disposition of court supervision for a
violation of |
14 | | that Section.
|
15 | | (13) A person convicted of or placed on court supervision |
16 | | for an assault or aggravated assault when the victim and the |
17 | | offender are family or household members as defined in Section |
18 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
19 | | of domestic battery or aggravated domestic battery may be |
20 | | required to attend a Partner Abuse Intervention Program under |
21 | | protocols set forth by the Illinois Department of Human |
22 | | Services under such terms and conditions imposed by the court. |
23 | | The costs of such classes shall be paid by the offender.
|
24 | | (d) In any case in which a sentence originally imposed is |
25 | | vacated,
the case shall be remanded to the trial court. The |
26 | | trial court shall
hold a hearing under Section 5-4-1 of the |
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1 | | Unified Code of Corrections
which may include evidence of the |
2 | | defendant's life, moral character and
occupation during the |
3 | | time since the original sentence was passed. The
trial court |
4 | | shall then impose sentence upon the defendant. The trial
court |
5 | | may impose any sentence which could have been imposed at the
|
6 | | original trial subject to Section 5-5-4 of the Unified Code of |
7 | | Corrections.
If a sentence is vacated on appeal or on |
8 | | collateral attack due to the
failure of the trier of fact at |
9 | | trial to determine beyond a reasonable doubt
the
existence of a |
10 | | fact (other than a prior conviction) necessary to increase the
|
11 | | punishment for the offense beyond the statutory maximum |
12 | | otherwise applicable,
either the defendant may be re-sentenced |
13 | | to a term within the range otherwise
provided or, if the State |
14 | | files notice of its intention to again seek the
extended |
15 | | sentence, the defendant shall be afforded a new trial.
|
16 | | (e) In cases where prosecution for
aggravated criminal |
17 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
18 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
19 | | of a defendant
who was a family member of the victim at the |
20 | | time of the commission of the
offense, the court shall consider |
21 | | the safety and welfare of the victim and
may impose a sentence |
22 | | of probation only where:
|
23 | | (1) the court finds (A) or (B) or both are appropriate:
|
24 | | (A) the defendant is willing to undergo a court |
25 | | approved counseling
program for a minimum duration of 2 |
26 | | years; or
|
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1 | | (B) the defendant is willing to participate in a |
2 | | court approved plan
including but not limited to the |
3 | | defendant's:
|
4 | | (i) removal from the household;
|
5 | | (ii) restricted contact with the victim;
|
6 | | (iii) continued financial support of the |
7 | | family;
|
8 | | (iv) restitution for harm done to the victim; |
9 | | and
|
10 | | (v) compliance with any other measures that |
11 | | the court may
deem appropriate; and
|
12 | | (2) the court orders the defendant to pay for the |
13 | | victim's counseling
services, to the extent that the court |
14 | | finds, after considering the
defendant's income and |
15 | | assets, that the defendant is financially capable of
paying |
16 | | for such services, if the victim was under 18 years of age |
17 | | at the
time the offense was committed and requires |
18 | | counseling as a result of the
offense.
|
19 | | Probation may be revoked or modified pursuant to Section |
20 | | 5-6-4; except
where the court determines at the hearing that |
21 | | the defendant violated a
condition of his or her probation |
22 | | restricting contact with the victim or
other family members or |
23 | | commits another offense with the victim or other
family |
24 | | members, the court shall revoke the defendant's probation and
|
25 | | impose a term of imprisonment.
|
26 | | For the purposes of this Section, "family member" and |
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1 | | "victim" shall have
the meanings ascribed to them in Section |
2 | | 11-0.1 of the Criminal Code of
2012.
|
3 | | (f) (Blank).
|
4 | | (g) Whenever a defendant is convicted of an offense under |
5 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
6 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
7 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
8 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
9 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012,
the defendant shall undergo medical |
11 | | testing to
determine whether the defendant has any sexually |
12 | | transmissible disease,
including a test for infection with |
13 | | human immunodeficiency virus (HIV) or
any other identified |
14 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
15 | | Any such medical test shall be performed only by appropriately
|
16 | | licensed medical practitioners and may include an analysis of |
17 | | any bodily
fluids as well as an examination of the defendant's |
18 | | person.
Except as otherwise provided by law, the results of |
19 | | such test shall be kept
strictly confidential by all medical |
20 | | personnel involved in the testing and must
be personally |
21 | | delivered in a sealed envelope to the judge of the court in |
22 | | which
the conviction was entered for the judge's inspection in |
23 | | camera. Acting in
accordance with the best interests of the |
24 | | victim and the public, the judge
shall have the discretion to |
25 | | determine to whom, if anyone, the results of the
testing may be |
26 | | revealed. The court shall notify the defendant
of the test |
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1 | | results. The court shall
also notify the victim if requested by |
2 | | the victim, and if the victim is under
the age of 15 and if |
3 | | requested by the victim's parents or legal guardian, the
court |
4 | | shall notify the victim's parents or legal guardian of the test
|
5 | | results.
The court shall provide information on the |
6 | | availability of HIV testing
and counseling at Department of |
7 | | Public Health facilities to all parties to
whom the results of |
8 | | the testing are revealed and shall direct the State's
Attorney |
9 | | to provide the information to the victim when possible.
A |
10 | | State's Attorney may petition the court to obtain the results |
11 | | of any HIV test
administered under this Section, and the court |
12 | | shall grant the disclosure if
the State's Attorney shows it is |
13 | | relevant in order to prosecute a charge of
criminal |
14 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
15 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
16 | | defendant. The court shall order that the cost of any such test
|
17 | | shall be paid by the county and may be taxed as costs against |
18 | | the convicted
defendant.
|
19 | | (g-5) When an inmate is tested for an airborne communicable |
20 | | disease, as
determined by the Illinois Department of Public |
21 | | Health including but not
limited to tuberculosis, the results |
22 | | of the test shall be
personally delivered by the warden or his |
23 | | or her designee in a sealed envelope
to the judge of the court |
24 | | in which the inmate must appear for the judge's
inspection in |
25 | | camera if requested by the judge. Acting in accordance with the
|
26 | | best interests of those in the courtroom, the judge shall have |
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1 | | the discretion
to determine what if any precautions need to be |
2 | | taken to prevent transmission
of the disease in the courtroom.
|
3 | | (h) Whenever a defendant is convicted of an offense under |
4 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
5 | | defendant shall undergo
medical testing to determine whether |
6 | | the defendant has been exposed to human
immunodeficiency virus |
7 | | (HIV) or any other identified causative agent of
acquired |
8 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
9 | | by
law, the results of such test shall be kept strictly |
10 | | confidential by all
medical personnel involved in the testing |
11 | | and must be personally delivered in a
sealed envelope to the |
12 | | judge of the court in which the conviction was entered
for the |
13 | | judge's inspection in camera. Acting in accordance with the |
14 | | best
interests of the public, the judge shall have the |
15 | | discretion to determine to
whom, if anyone, the results of the |
16 | | testing may be revealed. The court shall
notify the defendant |
17 | | of a positive test showing an infection with the human
|
18 | | immunodeficiency virus (HIV). The court shall provide |
19 | | information on the
availability of HIV testing and counseling |
20 | | at Department of Public Health
facilities to all parties to |
21 | | whom the results of the testing are revealed and
shall direct |
22 | | the State's Attorney to provide the information to the victim |
23 | | when
possible. A State's Attorney may petition the court to |
24 | | obtain the results of
any HIV test administered under this |
25 | | Section, and the court shall grant the
disclosure if the |
26 | | State's Attorney shows it is relevant in order to prosecute a
|
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1 | | charge of criminal transmission of HIV under Section 12-5.01 or |
2 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
3 | | 2012 against the defendant. The court shall order that the cost |
4 | | of any
such test shall be paid by the county and may be taxed as |
5 | | costs against the
convicted defendant.
|
6 | | (i) All fines and penalties imposed under this Section for |
7 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
8 | | Vehicle Code, or a similar
provision of a local ordinance, and |
9 | | any violation
of the Child Passenger Protection Act, or a |
10 | | similar provision of a local
ordinance, shall be collected and |
11 | | disbursed by the circuit
clerk as provided under Section 27.5 |
12 | | of the Clerks of Courts Act.
|
13 | | (j) In cases when prosecution for any violation of Section |
14 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
15 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
16 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
17 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
18 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
19 | | Code of 2012, any violation of the Illinois Controlled |
20 | | Substances Act,
any violation of the Cannabis Control Act, or |
21 | | any violation of the Methamphetamine Control and Community |
22 | | Protection Act results in conviction, a
disposition of court |
23 | | supervision, or an order of probation granted under
Section 10 |
24 | | of the Cannabis Control Act, Section 410 of the Illinois
|
25 | | Controlled Substances Act, or Section 70 of the Methamphetamine |
26 | | Control and Community Protection Act of a defendant, the court |
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1 | | shall determine whether the
defendant is employed by a facility |
2 | | or center as defined under the Child Care
Act of 1969, a public |
3 | | or private elementary or secondary school, or otherwise
works |
4 | | with children under 18 years of age on a daily basis. When a |
5 | | defendant
is so employed, the court shall order the Clerk of |
6 | | the Court to send a copy of
the judgment of conviction or order |
7 | | of supervision or probation to the
defendant's employer by |
8 | | certified mail.
If the employer of the defendant is a school, |
9 | | the Clerk of the Court shall
direct the mailing of a copy of |
10 | | the judgment of conviction or order of
supervision or probation |
11 | | to the appropriate regional superintendent of schools.
The |
12 | | regional superintendent of schools shall notify the State Board |
13 | | of
Education of any notification under this subsection.
|
14 | | (j-5) A defendant at least 17 years of age who is convicted |
15 | | of a felony and
who has not been previously convicted of a |
16 | | misdemeanor or felony and who is
sentenced to a term of |
17 | | imprisonment in the Illinois Department of Corrections
shall as |
18 | | a condition of his or her sentence be required by the court to |
19 | | attend
educational courses designed to prepare the defendant |
20 | | for a high school diploma
and to work toward a high school |
21 | | diploma or to work toward passing high school equivalency |
22 | | testing or to work toward
completing a vocational training |
23 | | program offered by the Department of
Corrections. If a |
24 | | defendant fails to complete the educational training
required |
25 | | by his or her sentence during the term of incarceration, the |
26 | | Prisoner
Review Board shall, as a condition of mandatory |
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1 | | supervised release, require the
defendant, at his or her own |
2 | | expense, to pursue a course of study toward a high
school |
3 | | diploma or passage of high school equivalency testing. The |
4 | | Prisoner Review Board shall
revoke the mandatory supervised |
5 | | release of a defendant who wilfully fails to
comply with this |
6 | | subsection (j-5) upon his or her release from confinement in a
|
7 | | penal institution while serving a mandatory supervised release |
8 | | term; however,
the inability of the defendant after making a |
9 | | good faith effort to obtain
financial aid or pay for the |
10 | | educational training shall not be deemed a wilful
failure to |
11 | | comply. The Prisoner Review Board shall recommit the defendant
|
12 | | whose mandatory supervised release term has been revoked under |
13 | | this subsection
(j-5) as provided in Section 3-3-9. This |
14 | | subsection (j-5) does not apply to a
defendant who has a high |
15 | | school diploma or has successfully passed high school |
16 | | equivalency testing. This subsection (j-5) does not apply to a |
17 | | defendant who is determined by
the court to be a person with a |
18 | | developmental disability or otherwise mentally incapable of
|
19 | | completing the educational or vocational program.
|
20 | | (k) (Blank).
|
21 | | (l) (A) Except as provided
in paragraph (C) of subsection |
22 | | (l), whenever a defendant,
who is an alien as defined by the |
23 | | Immigration and Nationality Act, is convicted
of any felony or |
24 | | misdemeanor offense, the court after sentencing the defendant
|
25 | | may, upon motion of the State's Attorney, hold sentence in |
26 | | abeyance and remand
the defendant to the custody of the |
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1 | | Attorney General of
the United States or his or her designated |
2 | | agent to be deported when:
|
3 | | (1) a final order of deportation has been issued |
4 | | against the defendant
pursuant to proceedings under the |
5 | | Immigration and Nationality Act, and
|
6 | | (2) the deportation of the defendant would not |
7 | | deprecate the seriousness
of the defendant's conduct and |
8 | | would not be inconsistent with the ends of
justice.
|
9 | | Otherwise, the defendant shall be sentenced as provided in |
10 | | this Chapter V.
|
11 | | (B) If the defendant has already been sentenced for a |
12 | | felony or
misdemeanor
offense, or has been placed on probation |
13 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
14 | | the Illinois Controlled Substances Act, or Section 70 of the |
15 | | Methamphetamine Control and Community Protection Act, the |
16 | | court
may, upon motion of the State's Attorney to suspend the
|
17 | | sentence imposed, commit the defendant to the custody of the |
18 | | Attorney General
of the United States or his or her designated |
19 | | agent when:
|
20 | | (1) a final order of deportation has been issued |
21 | | against the defendant
pursuant to proceedings under the |
22 | | Immigration and Nationality Act, and
|
23 | | (2) the deportation of the defendant would not |
24 | | deprecate the seriousness
of the defendant's conduct and |
25 | | would not be inconsistent with the ends of
justice.
|
26 | | (C) This subsection (l) does not apply to offenders who are |
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1 | | subject to the
provisions of paragraph (2) of subsection (a) of |
2 | | Section 3-6-3.
|
3 | | (D) Upon motion of the State's Attorney, if a defendant |
4 | | sentenced under
this Section returns to the jurisdiction of the |
5 | | United States, the defendant
shall be recommitted to the |
6 | | custody of the county from which he or she was
sentenced.
|
7 | | Thereafter, the defendant shall be brought before the |
8 | | sentencing court, which
may impose any sentence that was |
9 | | available under Section 5-5-3 at the time of
initial |
10 | | sentencing. In addition, the defendant shall not be eligible |
11 | | for
additional sentence credit for good conduct as provided |
12 | | under
Section 3-6-3.
|
13 | | (m) A person convicted of criminal defacement of property |
14 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
15 | | Criminal Code of 2012, in which the property damage exceeds |
16 | | $300
and the property damaged is a school building, shall be |
17 | | ordered to perform
community service that may include cleanup, |
18 | | removal, or painting over the
defacement.
|
19 | | (n) The court may sentence a person convicted of a |
20 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
21 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
22 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
23 | | incarceration program if the person is otherwise eligible for |
24 | | that program
under Section 5-8-1.1, (ii) to community service, |
25 | | or (iii) if the person is an
addict or alcoholic, as defined in |
26 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
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1 | | substance or alcohol abuse program licensed under that
Act. |
2 | | (o) Whenever a person is convicted of a sex offense as |
3 | | defined in Section 2 of the Sex Offender Registration Act, the |
4 | | defendant's driver's license or permit shall be subject to |
5 | | renewal on an annual basis in accordance with the provisions of |
6 | | license renewal established by the Secretary of State.
|
7 | | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; |
8 | | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
|
9 | | (730 ILCS 5/5-8-8) |
10 | | (Section scheduled to be repealed on December 31, 2020) |
11 | | Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. |
12 | | (a) Creation. There is created under the jurisdiction of |
13 | | the Governor the Illinois Sentencing Policy Advisory Council, |
14 | | hereinafter referred to as the Council. |
15 | | (b) Purposes and goals. The purpose of the Council is to |
16 | | review sentencing policies and practices and examine how these |
17 | | policies and practices impact the criminal justice system as a |
18 | | whole in the State of Illinois.
In carrying out its duties, the |
19 | | Council shall be mindful of and aim to achieve the purposes of
|
20 | | sentencing in Illinois, which are set out in Section 1-1-2 of |
21 | | this Code: |
22 | | (1) prescribe sanctions proportionate to the |
23 | | seriousness of the offenses and permit the recognition of |
24 | | differences in rehabilitation possibilities among |
25 | | individual offenders; |
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1 | | (2) forbid and prevent the commission of offenses; |
2 | | (3) prevent arbitrary or oppressive treatment of |
3 | | persons adjudicated offenders or delinquents; and |
4 | | (4) restore offenders to useful citizenship. |
5 | | (c) Council composition. |
6 | | (1) The Council shall consist of the following members: |
7 | | (A) the President of the Senate, or his or her |
8 | | designee; |
9 | | (B) the Minority Leader of the Senate, or his or |
10 | | her designee; |
11 | | (C) the Speaker of the House, or his or her |
12 | | designee; |
13 | | (D) the Minority Leader of the House, or his or her |
14 | | designee; |
15 | | (E) the Governor, or his or her designee; |
16 | | (F) the Attorney General, or his or her designee; |
17 | | (G) two retired judges, who may have been circuit, |
18 | | appellate, or supreme court judges; retired judges |
19 | | shall be selected by the members of the Council |
20 | | designated in clauses (c)(1)(A) through (L); |
21 | | (G-5) (blank); |
22 | | (H) the Cook County State's Attorney, or his or her |
23 | | designee; |
24 | | (I) the Cook County Public Defender, or his or her |
25 | | designee; |
26 | | (J) a State's Attorney not from Cook County, |
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1 | | appointed by the State's Attorney's
Appellate |
2 | | Prosecutor; |
3 | | (K) the State Appellate Defender, or his or her |
4 | | designee; |
5 | | (L) the Director of the Administrative Office of |
6 | | the Illinois Courts, or his or her designee; |
7 | | (M) a victim of a violent felony or a |
8 | | representative of a crime victims' organization,
|
9 | | selected by the members of the Council designated in |
10 | | clauses (c)(1)(A) through (L); |
11 | | (N) a representative of a community-based |
12 | | organization, selected by the members of
the Council |
13 | | designated in clauses (c)(1)(A) through (L); |
14 | | (O) a criminal justice academic researcher, to be |
15 | | selected by the members of the
Council designated in |
16 | | clauses (c)(1)(A) through (L); |
17 | | (P) a representative of law enforcement from a unit |
18 | | of local government to be
selected by the members of |
19 | | the Council designated in clauses (c)(1)(A) through |
20 | | (L); |
21 | | (Q) a sheriff selected by the members of the |
22 | | Council designated in clauses (c)(1)(A) through (L); |
23 | | and |
24 | | (R) ex-officio members shall include: |
25 | | (i) the Director of Corrections, or his or her |
26 | | designee; |
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1 | | (ii) the Chair of the Prisoner Review Board, or |
2 | | his or her designee; |
3 | | (iii) the Director of the Illinois State |
4 | | Police, or his or her designee; and |
5 | | (iv) the Director of the Illinois Criminal |
6 | | Justice Information Authority, or his
or her |
7 | | designee. |
8 | | (1.5) The Chair and Vice Chair shall be elected from |
9 | | among its members by a majority of the members of the |
10 | | Council. |
11 | | (2) Members of the Council who serve because of their |
12 | | public office or position, or those who are designated as |
13 | | members by such officials, shall serve only as long as they |
14 | | hold such office or position. |
15 | | (3) Council members shall serve without compensation |
16 | | but shall be reimbursed for travel and per diem expenses |
17 | | incurred in their work for the Council. |
18 | | (4) The Council may exercise any power, perform any |
19 | | function, take any action, or do anything in furtherance of |
20 | | its purposes and goals
upon the appointment of a quorum of |
21 | | its members. The term of office of each member of the |
22 | | Council ends on the date of repeal of this amendatory Act |
23 | | of the 96th General Assembly. |
24 | | (d) Duties. The Council shall perform, as resources permit, |
25 | | duties including: |
26 | | (1) Collect and analyze information including |
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1 | | sentencing data, crime trends, and existing correctional |
2 | | resources to support legislative and executive action |
3 | | affecting the use of correctional resources on the State |
4 | | and local levels. |
5 | | (2) Prepare criminal justice population projections |
6 | | annually, including correctional and community-based |
7 | | supervision populations. |
8 | | (3) Analyze data relevant to proposed sentencing |
9 | | legislation and its effect on current policies or |
10 | | practices, and provide information to support |
11 | | evidence-based sentencing. |
12 | | (4) Ensure that adequate resources and facilities are |
13 | | available for carrying out sentences imposed on offenders |
14 | | and that rational priorities are established for the use of |
15 | | those resources. To do so, the Council shall prepare |
16 | | criminal justice resource statements, identifying the |
17 | | fiscal and practical effects of proposed criminal |
18 | | sentencing legislation, including, but not limited to, the |
19 | | correctional population, court processes, and county or |
20 | | local government resources. |
21 | | (4.5) Study and conduct a thorough analysis of |
22 | | sentencing under Section 5-4.5-110 of this Code. The |
23 | | Sentencing Policy Advisory Council shall provide annual |
24 | | reports to the Governor and General Assembly, including the |
25 | | total number of persons sentenced under Section 5-4.5-110 |
26 | | of this Code, the total number of departures from sentences |
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1 | | under Section 5-4.5-110 of this Code, and an analysis of |
2 | | trends in sentencing and departures. On or before December |
3 | | 31, 2022, the Sentencing Policy Advisory Council shall |
4 | | provide a report to the Governor and General Assembly on |
5 | | the effectiveness of sentencing under Section 5-4.5-110 of |
6 | | this Code, including recommendations on whether sentencing |
7 | | under Section 5-4.5-110 of this Code should be adjusted or |
8 | | continued. |
9 | | (5) Perform such other studies or tasks pertaining to |
10 | | sentencing policies as may be requested by the Governor or |
11 | | the Illinois General Assembly. |
12 | | (6) Perform such other functions as may be required by |
13 | | law or as are necessary to carry out the purposes and goals |
14 | | of the Council prescribed in subsection (b). |
15 | | (7) Publish a report on the trends in sentencing for |
16 | | offenders described in subsection (b-1) of Section 5-4-1 of |
17 | | this Code, the impact of the trends on the prison and |
18 | | probation populations, and any changes in the racial |
19 | | composition of the prison and probation populations that |
20 | | can be attributed to the changes made by adding subsection |
21 | | (b-1) of Section 5-4-1 to this Code by Public Act 99-861 |
22 | | this amendatory Act of the 99th General Assembly . |
23 | | (e) Authority. |
24 | | (1) The Council shall have the power to perform the |
25 | | functions necessary to carry out its duties, purposes and |
26 | | goals under this Act. In so doing, the Council shall |
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1 | | utilize information and analysis developed by the Illinois |
2 | | Criminal Justice Information Authority, the Administrative |
3 | | Office of the Illinois Courts, and the Illinois Department |
4 | | of Corrections. |
5 | | (2) Upon request from the Council, each executive |
6 | | agency and department of State and local government shall |
7 | | provide information and records to the Council in the |
8 | | execution of its duties. |
9 | | (f) Report. The Council shall report in writing annually to |
10 | | the General Assembly, the Illinois Supreme Court, and the |
11 | | Governor. |
12 | | (g) This Section is repealed on December 31, 2020.
|
13 | | (Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15; |
14 | | 99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)".
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