Illinois General Assembly - Full Text of HB2265
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Full Text of HB2265  98th General Assembly

HB2265ham001 98TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 3/12/2013

 

 


 

 


 
09800HB2265ham001LRB098 10588 RLC 42564 a

1
AMENDMENT TO HOUSE BILL 2265

2    AMENDMENT NO. ______. Amend House Bill 2265 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 24-1, 24-1.1, 24-1.6, and 24-1.8 and by
6adding Section 24-11 as follows:
 
7    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
8    Sec. 24-1. Unlawful Use of Weapons.
9    (a) A person commits the offense of unlawful use of weapons
10when he knowingly:
11        (1) Sells, manufactures, purchases, possesses or
12    carries any bludgeon, black-jack, slung-shot, sand-club,
13    sand-bag, metal knuckles or other knuckle weapon
14    regardless of its composition, throwing star, or any knife,
15    commonly referred to as a switchblade knife, which has a
16    blade that opens automatically by hand pressure applied to

 

 

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1    a button, spring or other device in the handle of the
2    knife, or a ballistic knife, which is a device that propels
3    a knifelike blade as a projectile by means of a coil
4    spring, elastic material or compressed gas; or
5        (2) Carries or possesses with intent to use the same
6    unlawfully against another, a dagger, dirk, billy,
7    dangerous knife, razor, stiletto, broken bottle or other
8    piece of glass, stun gun or taser or any other dangerous or
9    deadly weapon or instrument of like character; or
10        (3) Carries on or about his person or in any vehicle, a
11    tear gas gun projector or bomb or any object containing
12    noxious liquid gas or substance, other than an object
13    containing a non-lethal noxious liquid gas or substance
14    designed solely for personal defense carried by a person 18
15    years of age or older; or
16        (4) Carries or possesses in any vehicle or concealed on
17    or about his person except when on his land or in his own
18    abode, legal dwelling, or fixed place of business, or on
19    the land or in the legal dwelling of another person as an
20    invitee with that person's permission, any pistol,
21    revolver, stun gun or taser or other firearm, except that
22    this subsection (a) (4) does not apply to or affect
23    transportation of weapons that meet one of the following
24    conditions:
25            (i) are broken down in a non-functioning state; or
26            (ii) are not immediately accessible; or

 

 

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1            (iii) are unloaded and enclosed in a case, firearm
2        carrying box, shipping box, or other container by a
3        person who has been issued a currently valid Firearm
4        Owner's Identification Card; or
5        (5) Sets a spring gun; or
6        (6) Possesses any device or attachment of any kind
7    designed, used or intended for use in silencing the report
8    of any firearm; or
9        (7) Sells, manufactures, purchases, possesses or
10    carries:
11            (i) a machine gun, which shall be defined for the
12        purposes of this subsection as any weapon, which
13        shoots, is designed to shoot, or can be readily
14        restored to shoot, automatically more than one shot
15        without manually reloading by a single function of the
16        trigger, including the frame or receiver of any such
17        weapon, or sells, manufactures, purchases, possesses,
18        or carries any combination of parts designed or
19        intended for use in converting any weapon into a
20        machine gun, or any combination or parts from which a
21        machine gun can be assembled if such parts are in the
22        possession or under the control of a person;
23            (ii) any rifle having one or more barrels less than
24        16 inches in length or a shotgun having one or more
25        barrels less than 18 inches in length or any weapon
26        made from a rifle or shotgun, whether by alteration,

 

 

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1        modification, or otherwise, if such a weapon as
2        modified has an overall length of less than 26 inches;
3        or
4            (iii) any bomb, bomb-shell, grenade, bottle or
5        other container containing an explosive substance of
6        over one-quarter ounce for like purposes, such as, but
7        not limited to, black powder bombs and Molotov
8        cocktails or artillery projectiles; or
9        (8) Carries or possesses any firearm, stun gun or taser
10    or other deadly weapon in any place which is licensed to
11    sell intoxicating beverages, or at any public gathering
12    held pursuant to a license issued by any governmental body
13    or any public gathering at which an admission is charged,
14    excluding a place where a showing, demonstration or lecture
15    involving the exhibition of unloaded firearms is
16    conducted.
17        This subsection (a)(8) does not apply to any auction or
18    raffle of a firearm held pursuant to a license or permit
19    issued by a governmental body, nor does it apply to persons
20    engaged in firearm safety training courses; or
21        (9) Carries or possesses in a vehicle or on or about
22    his person any pistol, revolver, stun gun or taser or
23    firearm or ballistic knife, when he is hooded, robed or
24    masked in such manner as to conceal his identity; or
25        (10) Carries or possesses on or about his person, upon
26    any public street, alley, or other public lands within the

 

 

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1    corporate limits of a city, village or incorporated town,
2    except when an invitee thereon or therein, for the purpose
3    of the display of such weapon or the lawful commerce in
4    weapons, or except when on his land or in his own abode,
5    legal dwelling, or fixed place of business, or on the land
6    or in the legal dwelling of another person as an invitee
7    with that person's permission, any pistol, revolver, stun
8    gun or taser or other firearm, except that this subsection
9    (a) (10) does not apply to or affect transportation of
10    weapons that meet one of the following conditions:
11            (i) are broken down in a non-functioning state; or
12            (ii) are not immediately accessible; or
13            (iii) are unloaded and enclosed in a case, firearm
14        carrying box, shipping box, or other container by a
15        person who has been issued a currently valid Firearm
16        Owner's Identification Card.
17        A "stun gun or taser", as used in this paragraph (a)
18    means (i) any device which is powered by electrical
19    charging units, such as, batteries, and which fires one or
20    several barbs attached to a length of wire and which, upon
21    hitting a human, can send out a current capable of
22    disrupting the person's nervous system in such a manner as
23    to render him incapable of normal functioning or (ii) any
24    device which is powered by electrical charging units, such
25    as batteries, and which, upon contact with a human or
26    clothing worn by a human, can send out current capable of

 

 

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1    disrupting the person's nervous system in such a manner as
2    to render him incapable of normal functioning; or
3        (11) Sells, manufactures or purchases any explosive
4    bullet. For purposes of this paragraph (a) "explosive
5    bullet" means the projectile portion of an ammunition
6    cartridge which contains or carries an explosive charge
7    which will explode upon contact with the flesh of a human
8    or an animal. "Cartridge" means a tubular metal case having
9    a projectile affixed at the front thereof and a cap or
10    primer at the rear end thereof, with the propellant
11    contained in such tube between the projectile and the cap;
12    or
13        (12) (Blank); or
14        (13) Carries or possesses on or about his or her person
15    while in a building occupied by a unit of government, a
16    billy club, other weapon of like character, or other
17    instrument of like character intended for use as a weapon.
18    For the purposes of this Section, "billy club" means a
19    short stick or club commonly carried by police officers
20    which is either telescopic or constructed of a solid piece
21    of wood or other man-made material.
22    (b) Sentence. A person convicted of a violation of
23subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
24subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
25Class A misdemeanor. A person convicted of a violation of
26subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

 

 

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1person convicted of a violation of subsection 24-1(a)(6) or
224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
3convicted of a violation of subsection 24-1(a)(7)(i) commits a
4Class 2 felony and shall be sentenced to a term of imprisonment
5of not less than 3 years and not more than 7 years, unless the
6weapon is possessed in the passenger compartment of a motor
7vehicle as defined in Section 1-146 of the Illinois Vehicle
8Code, or on the person, while the weapon is loaded, in which
9case it shall be a Class X felony. A person convicted of a
10second or subsequent violation of subsection 24-1(a)(4),
1124-1(a)(8) or , 24-1(a)(9), or 24-1(a)(10) commits a Class 3
12felony. A person convicted of a second or subsequent violation
13of subsection 24-1(a)(4) or 24-1(a)(10) commits a Class 3
14felony and shall be sentenced to a term of imprisonment of not
15less than 3 years and not more than 10 years. The possession of
16each weapon in violation of this Section constitutes a single
17and separate violation.
18    (c) Violations in specific places.
19        (1) A person who violates subsection 24-1(a)(6) or
20    24-1(a)(7) in any school, regardless of the time of day or
21    the time of year, in residential property owned, operated
22    or managed by a public housing agency or leased by a public
23    housing agency as part of a scattered site or mixed-income
24    development, in a public park, in a courthouse, on the real
25    property comprising any school, regardless of the time of
26    day or the time of year, on residential property owned,

 

 

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

 

 

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

 

 

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1    owned, leased or contracted by a school to transport
2    students to or from school or a school related activity, in
3    any conveyance owned, leased, or contracted by a public
4    transportation agency, or on any public way within 1,000
5    feet of the real property comprising any school, public
6    park, courthouse, public transportation facility, or
7    residential property owned, operated, or managed by a
8    public housing agency or leased by a public housing agency
9    as part of a scattered site or mixed-income development
10    commits a Class 4 felony. "Courthouse" means any building
11    that is used by the Circuit, Appellate, or Supreme Court of
12    this State for the conduct of official business.
13        (3) Paragraphs (1), (1.5), and (2) of this subsection
14    (c) shall not apply to law enforcement officers or security
15    officers of such school, college, or university or to
16    students carrying or possessing firearms for use in
17    training courses, parades, hunting, target shooting on
18    school ranges, or otherwise with the consent of school
19    authorities and which firearms are transported unloaded
20    enclosed in a suitable case, box, or transportation
21    package.
22        (4) For the purposes of this subsection (c), "school"
23    means any public or private elementary or secondary school,
24    community college, college, or university.
25        (5) For the purposes of this subsection (c), "public
26    transportation agency" means a public or private agency

 

 

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1    that provides for the transportation or conveyance of
2    persons by means available to the general public, except
3    for transportation by automobiles not used for conveyance
4    of the general public as passengers; and "public
5    transportation facility" means a terminal or other place
6    where one may obtain public transportation.
7    (d) The presence in an automobile other than a public
8omnibus of any weapon, instrument or substance referred to in
9subsection (a)(7) is prima facie evidence that it is in the
10possession of, and is being carried by, all persons occupying
11such automobile at the time such weapon, instrument or
12substance is found, except under the following circumstances:
13(i) if such weapon, instrument or instrumentality is found upon
14the person of one of the occupants therein; or (ii) if such
15weapon, instrument or substance is found in an automobile
16operated for hire by a duly licensed driver in the due, lawful
17and proper pursuit of his trade, then such presumption shall
18not apply to the driver.
19    (e) Exemptions. Crossbows, Common or Compound bows and
20Underwater Spearguns are exempted from the definition of
21ballistic knife as defined in paragraph (1) of subsection (a)
22of this Section.
23(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
2495-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
2596-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 

 

 

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1    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
2    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
3Felons or Persons in the Custody of the Department of
4Corrections Facilities.
5    (a) It is unlawful for a person to knowingly possess on or
6about his person or on his land or in his own abode or fixed
7place of business any weapon prohibited under Section 24-1 of
8this Act or any firearm or any firearm ammunition if the person
9has been convicted of a felony under the laws of this State or
10any other jurisdiction. This Section shall not apply if the
11person has been granted relief by the Director of the
12Department of State Police under Section 10 of the Firearm
13Owners Identification Card Act.
14    (b) It is unlawful for any person confined in a penal
15institution, which is a facility of the Illinois Department of
16Corrections, to possess any weapon prohibited under Section
1724-1 of this Code or any firearm or firearm ammunition,
18regardless of the intent with which he possesses it.
19    (c) It shall be an affirmative defense to a violation of
20subsection (b), that such possession was specifically
21authorized by rule, regulation, or directive of the Illinois
22Department of Corrections or order issued pursuant thereto.
23    (d) The defense of necessity is not available to a person
24who is charged with a violation of subsection (b) of this
25Section.
26    (e) Sentence. Violation of this Section by a person not

 

 

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1confined in a penal institution shall be a Class 3 felony for
2which the person shall be sentenced to no less than 4 2 years
3and no more than 10 years and any second or subsequent
4violation shall be a Class 2 felony for which the person shall
5be sentenced to a term of imprisonment of not less than 5 3
6years and not more than 14 years. Violation of this Section by
7a person not confined in a penal institution who has been
8convicted of a forcible felony, a felony violation of Article
924 of this Code or of the Firearm Owners Identification Card
10Act, stalking or aggravated stalking, or a Class 2 or greater
11felony under the Illinois Controlled Substances Act, the
12Cannabis Control Act, or the Methamphetamine Control and
13Community Protection Act is a Class 2 felony for which the
14person shall be sentenced to not less than 3 years and not more
15than 14 years. Violation of this Section by a person who is on
16parole or mandatory supervised release is a Class 2 felony for
17which the person shall be sentenced to not less than 5 3 years
18and not more than 14 years. Violation of this Section by a
19person not confined in a penal institution is a Class X felony
20when the firearm possessed is a machine gun. Any person who
21violates this Section while confined in a penal institution,
22which is a facility of the Illinois Department of Corrections,
23is guilty of a Class 1 felony, if he possesses any weapon
24prohibited under Section 24-1 of this Code regardless of the
25intent with which he possesses it, a Class X felony if he
26possesses any firearm, firearm ammunition or explosive, and a

 

 

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1Class X felony for which the offender shall be sentenced to not
2less than 12 years and not more than 50 years when the firearm
3possessed is a machine gun. A violation of this Section while
4wearing or in possession of body armor as defined in Section
533F-1 is a Class X felony punishable by a term of imprisonment
6of not less than 10 years and not more than 40 years. The
7possession of each firearm or firearm ammunition in violation
8of this Section constitutes a single and separate violation.
9(Source: P.A. 97-237, eff. 1-1-12.)
 
10    (720 ILCS 5/24-1.6)
11    Sec. 24-1.6. Aggravated unlawful use of a weapon.
12    (a) A person commits the offense of aggravated unlawful use
13of a weapon when he or she knowingly:
14        (1) Carries on or about his or her person or in any
15    vehicle or concealed on or about his or her person except
16    when on his or her land or in his or her abode, legal
17    dwelling, or fixed place of business, or on the land or in
18    the legal dwelling of another person as an invitee with
19    that person's permission, any pistol, revolver, stun gun or
20    taser or other firearm; or
21        (2) Carries or possesses on or about his or her person,
22    upon any public street, alley, or other public lands within
23    the corporate limits of a city, village or incorporated
24    town, except when an invitee thereon or therein, for the
25    purpose of the display of such weapon or the lawful

 

 

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1    commerce in weapons, or except when on his or her own land
2    or in his or her own abode, legal dwelling, or fixed place
3    of business, or on the land or in the legal dwelling of
4    another person as an invitee with that person's permission,
5    any pistol, revolver, stun gun or taser or other firearm;
6    and
7        (3) One of the following factors is present:
8            (A) the firearm possessed was uncased, loaded and
9        immediately accessible at the time of the offense; or
10            (B) the firearm possessed was uncased, unloaded
11        and the ammunition for the weapon was immediately
12        accessible at the time of the offense; or
13            (C) the person possessing the firearm has not been
14        issued a currently valid Firearm Owner's
15        Identification Card; or
16            (D) the person possessing the weapon was
17        previously adjudicated a delinquent minor under the
18        Juvenile Court Act of 1987 for an act that if committed
19        by an adult would be a felony; or
20            (E) the person possessing the weapon was engaged in
21        a misdemeanor violation of the Cannabis Control Act, in
22        a misdemeanor violation of the Illinois Controlled
23        Substances Act, or in a misdemeanor violation of the
24        Methamphetamine Control and Community Protection Act;
25        or
26            (F) (blank); or

 

 

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1            (G) the person possessing the weapon had a order of
2        protection issued against him or her within the
3        previous 2 years; or
4            (H) the person possessing the weapon was engaged in
5        the commission or attempted commission of a
6        misdemeanor involving the use or threat of violence
7        against the person or property of another; or
8            (I) the person possessing the weapon was under 21
9        years of age and in possession of a handgun as defined
10        in Section 24-3, unless the person under 21 is engaged
11        in lawful activities under the Wildlife Code or
12        described in subsection 24-2(b)(1), (b)(3), or
13        24-2(f).
14    (b) "Stun gun or taser" as used in this Section has the
15same definition given to it in Section 24-1 of this Code.
16    (c) This Section does not apply to or affect the
17transportation or possession of weapons that:
18            (i) are broken down in a non-functioning state; or
19            (ii) are not immediately accessible; or
20            (iii) are unloaded and enclosed in a case, firearm
21        carrying box, shipping box, or other container by a
22        person who has been issued a currently valid Firearm
23        Owner's Identification Card.
24    (c-5) Affirmative defense. It is an affirmative defense to
25the offense under item (C) of paragraph (3) of subsection (a)
26of this Section that the defendant has, prior to the commission

 

 

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1of the offense, submitted a Firearm Owner's Identification Card
2renewal application to the Department of State Police and the
3defendant is otherwise eligible for a Firearm Owner's
4Identification Card.
5    (d) Sentence.
6         (1) Aggravated unlawful use of a weapon is a Class 4
7    felony; a second or subsequent offense is a Class 2 felony
8    for which the person shall be sentenced to a term of
9    imprisonment of not less than 4 3 years and not more than
10    10 7 years.
11        (2) Except as otherwise provided in paragraphs (3) and
12    (4) of this subsection (d), a first offense of aggravated
13    unlawful use of a weapon committed with a firearm by a
14    person 18 years of age or older where the factors listed in
15    either both items (A) or (B) and (C) of paragraph (3) of
16    subsection (a) are present is a Class 3 4 felony, for which
17    the person shall be sentenced to a term of imprisonment of
18    not less than one year and not more than 3 years and not
19    more than 7 years.
20        (3) Aggravated unlawful use of a weapon by a person who
21    has been previously convicted of a felony in this State or
22    another jurisdiction is a Class 2 felony for which the
23    person shall be sentenced to a term of imprisonment of not
24    less than 5 3 years and not more than 10 7 years.
25        (4) Aggravated unlawful use of a weapon while wearing
26    or in possession of body armor as defined in Section 33F-1

 

 

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1    by a person who has not been issued a valid Firearms
2    Owner's Identification Card in accordance with Section 5 of
3    the Firearm Owners Identification Card Act is a Class X
4    felony.
5    (e) The possession of each firearm in violation of this
6Section constitutes a single and separate violation.
7(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
896-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
 
9    (720 ILCS 5/24-1.8)
10    Sec. 24-1.8. Unlawful possession of a firearm by a street
11gang member.
12    (a) A person commits unlawful possession of a firearm by a
13street gang member when he or she knowingly:
14        (1) possesses, carries, or conceals on or about his or
15    her person a firearm and firearm ammunition while on any
16    street, road, alley, gangway, sidewalk, or any other lands,
17    except when inside his or her own abode or inside his or
18    her fixed place of business, and has not been issued a
19    currently valid Firearm Owner's Identification Card and is
20    a member of a street gang; or
21        (2) possesses or carries in any vehicle a firearm and
22    firearm ammunition which are both immediately accessible
23    at the time of the offense while on any street, road,
24    alley, or any other lands, except when inside his or her
25    own abode or garage, and has not been issued a currently

 

 

09800HB2265ham001- 19 -LRB098 10588 RLC 42564 a

1    valid Firearm Owner's Identification Card and is a member
2    of a street gang.
3    (b) Unlawful possession of a firearm by a street gang
4member is a Class 2 felony for which the person, if sentenced
5to a term of imprisonment, shall be sentenced to no less than 4
63 years and no more than 10 years. A period of probation, a
7term of periodic imprisonment or conditional discharge shall
8not be imposed for the offense of unlawful possession of a
9firearm by a street gang member when the firearm was loaded or
10contained firearm ammunition and the court shall sentence the
11offender to not less than the minimum term of imprisonment
12authorized for the Class 2 felony.
13    (c) For purposes of this Section:
14        "Street gang" or "gang" has the meaning ascribed to it
15    in Section 10 of the Illinois Streetgang Terrorism Omnibus
16    Prevention Act.
17        "Street gang member" or "gang member" has the meaning
18    ascribed to it in Section 10 of the Illinois Streetgang
19    Terrorism Omnibus Prevention Act.
20(Source: P.A. 96-829, eff. 12-3-09.)
 
21    (720 ILCS 5/24-11 new)
22    Sec. 24-11. Deadly weapons dispositions; report. Each
23circuit court shall transmit to every local law enforcement
24agency located within the circuit, on a quarterly basis, the
25disposition of all cases involving violations of this Article

 

 

09800HB2265ham001- 20 -LRB098 10588 RLC 42564 a

124 within the previous quarter.
 
2    Section 10. The Unified Code of Corrections is amended by
3changing Sections 3-6-3 and 5-5-3 as follows:
 
4    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
5    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
6        (a) (1) The Department of Corrections shall prescribe
7    rules and regulations for awarding and revoking sentence
8    credit for persons committed to the Department which shall
9    be subject to review by the Prisoner Review Board.
10        (1.5) As otherwise provided by law, sentence credit may
11    be awarded for the following:
12            (A) successful completion of programming while in
13        custody of the Department or while in custody prior to
14        sentencing;
15            (B) compliance with the rules and regulations of
16        the Department; or
17            (C) service to the institution, service to a
18        community, or service to the State.
19        (2) The rules and regulations on sentence credit shall
20    provide, with respect to offenses listed in clause (i),
21    (ii), or (iii) of this paragraph (2) committed on or after
22    June 19, 1998 or with respect to the offense listed in
23    clause (iv) of this paragraph (2) committed on or after
24    June 23, 2005 (the effective date of Public Act 94-71) or

 

 

09800HB2265ham001- 21 -LRB098 10588 RLC 42564 a

1    with respect to offense listed in clause (vi) committed on
2    or after June 1, 2008 (the effective date of Public Act
3    95-625) or with respect to the offense of being an armed
4    habitual criminal committed on or after August 2, 2005 (the
5    effective date of Public Act 94-398) or with respect to the
6    offenses listed in clause (v) of this paragraph (2)
7    committed on or after August 13, 2007 (the effective date
8    of Public Act 95-134) or with respect to the offense of
9    aggravated domestic battery committed on or after July 23,
10    2010 (the effective date of Public Act 96-1224) or with
11    respect to the offense of attempt to commit terrorism
12    committed on or after January 1, 2013 (the effective date
13    of Public Act 97-990) or with respect to offenses listed in
14    clause (viii) committed on or after the effective date of
15    this amendatory Act of the 98th General Assembly, the
16    following:
17            (i) that a prisoner who is serving a term of
18        imprisonment for first degree murder or for the offense
19        of terrorism shall receive no sentence credit and shall
20        serve the entire sentence imposed by the court;
21            (ii) that a prisoner serving a sentence for attempt
22        to commit terrorism, attempt to commit first degree
23        murder, solicitation of murder, solicitation of murder
24        for hire, intentional homicide of an unborn child,
25        predatory criminal sexual assault of a child,
26        aggravated criminal sexual assault, criminal sexual

 

 

09800HB2265ham001- 22 -LRB098 10588 RLC 42564 a

1        assault, aggravated kidnapping, aggravated battery
2        with a firearm as described in Section 12-4.2 or
3        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
4        Section 12-3.05, heinous battery as described in
5        Section 12-4.1 or subdivision (a)(2) of Section
6        12-3.05, being an armed habitual criminal, aggravated
7        battery of a senior citizen as described in Section
8        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
9        aggravated battery of a child as described in Section
10        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
11        receive no more than 4.5 days of sentence credit for
12        each month of his or her sentence of imprisonment;
13            (iii) that a prisoner serving a sentence for home
14        invasion, armed robbery, aggravated vehicular
15        hijacking, aggravated discharge of a firearm, or armed
16        violence with a category I weapon or category II
17        weapon, when the court has made and entered a finding,
18        pursuant to subsection (c-1) of Section 5-4-1 of this
19        Code, that the conduct leading to conviction for the
20        enumerated offense resulted in great bodily harm to a
21        victim, shall receive no more than 4.5 days of sentence
22        credit for each month of his or her sentence of
23        imprisonment;
24            (iv) that a prisoner serving a sentence for
25        aggravated discharge of a firearm, whether or not the
26        conduct leading to conviction for the offense resulted

 

 

09800HB2265ham001- 23 -LRB098 10588 RLC 42564 a

1        in great bodily harm to the victim, shall receive no
2        more than 4.5 days of sentence credit for each month of
3        his or her sentence of imprisonment;
4            (v) that a person serving a sentence for
5        gunrunning, narcotics racketeering, controlled
6        substance trafficking, methamphetamine trafficking,
7        drug-induced homicide, aggravated
8        methamphetamine-related child endangerment, money
9        laundering pursuant to clause (c) (4) or (5) of Section
10        29B-1 of the Criminal Code of 1961 or the Criminal Code
11        of 2012, or a Class X felony conviction for delivery of
12        a controlled substance, possession of a controlled
13        substance with intent to manufacture or deliver,
14        calculated criminal drug conspiracy, criminal drug
15        conspiracy, street gang criminal drug conspiracy,
16        participation in methamphetamine manufacturing,
17        aggravated participation in methamphetamine
18        manufacturing, delivery of methamphetamine, possession
19        with intent to deliver methamphetamine, aggravated
20        delivery of methamphetamine, aggravated possession
21        with intent to deliver methamphetamine,
22        methamphetamine conspiracy when the substance
23        containing the controlled substance or methamphetamine
24        is 100 grams or more shall receive no more than 7.5
25        days sentence credit for each month of his or her
26        sentence of imprisonment;

 

 

09800HB2265ham001- 24 -LRB098 10588 RLC 42564 a

1            (vi) that a prisoner serving a sentence for a
2        second or subsequent offense of luring a minor shall
3        receive no more than 4.5 days of sentence credit for
4        each month of his or her sentence of imprisonment; and
5            (vii) that a prisoner serving a sentence for
6        aggravated domestic battery shall receive no more than
7        4.5 days of sentence credit for each month of his or
8        her sentence of imprisonment; and
9            (viii) that a prisoner serving a sentence for a
10        violation of Section 24-1.1, 24-1.6, or 24-1.8 or
11        subsection 24-1(a)(4) or 24-1(a)(10) of the Criminal
12        Code of 2012 shall receive no more than 4.5 days of
13        sentence credit for each month of his or her sentence
14        of imprisonment.
15        (2.1) For all offenses, other than those enumerated in
16    subdivision (a)(2)(i), (ii), or (iii) committed on or after
17    June 19, 1998 or subdivision (a)(2)(iv) committed on or
18    after June 23, 2005 (the effective date of Public Act
19    94-71) or subdivision (a)(2)(v) committed on or after
20    August 13, 2007 (the effective date of Public Act 95-134)
21    or subdivision (a)(2)(vi) committed on or after June 1,
22    2008 (the effective date of Public Act 95-625) or
23    subdivision (a)(2)(vii) committed on or after July 23, 2010
24    (the effective date of Public Act 96-1224), and other than
25    the offense of aggravated driving under the influence of
26    alcohol, other drug or drugs, or intoxicating compound or

 

 

09800HB2265ham001- 25 -LRB098 10588 RLC 42564 a

1    compounds, or any combination thereof as defined in
2    subparagraph (F) of paragraph (1) of subsection (d) of
3    Section 11-501 of the Illinois Vehicle Code, and other than
4    the offense of aggravated driving under the influence of
5    alcohol, other drug or drugs, or intoxicating compound or
6    compounds, or any combination thereof as defined in
7    subparagraph (C) of paragraph (1) of subsection (d) of
8    Section 11-501 of the Illinois Vehicle Code committed on or
9    after January 1, 2011 (the effective date of Public Act
10    96-1230), the rules and regulations shall provide that a
11    prisoner who is serving a term of imprisonment shall
12    receive one day of sentence credit for each day of his or
13    her sentence of imprisonment or recommitment under Section
14    3-3-9. Each day of sentence credit shall reduce by one day
15    the prisoner's period of imprisonment or recommitment
16    under Section 3-3-9.
17        (2.2) A prisoner serving a term of natural life
18    imprisonment or a prisoner who has been sentenced to death
19    shall receive no sentence credit.
20        (2.3) The rules and regulations on sentence credit
21    shall provide that a prisoner who is serving a sentence for
22    aggravated driving under the influence of alcohol, other
23    drug or drugs, or intoxicating compound or compounds, or
24    any combination thereof as defined in subparagraph (F) of
25    paragraph (1) of subsection (d) of Section 11-501 of the
26    Illinois Vehicle Code, shall receive no more than 4.5 days

 

 

09800HB2265ham001- 26 -LRB098 10588 RLC 42564 a

1    of sentence credit for each month of his or her sentence of
2    imprisonment.
3        (2.4) The rules and regulations on sentence credit
4    shall provide with respect to the offenses of aggravated
5    battery with a machine gun or a firearm equipped with any
6    device or attachment designed or used for silencing the
7    report of a firearm or aggravated discharge of a machine
8    gun or a firearm equipped with any device or attachment
9    designed or used for silencing the report of a firearm,
10    committed on or after July 15, 1999 (the effective date of
11    Public Act 91-121), that a prisoner serving a sentence for
12    any of these offenses shall receive no more than 4.5 days
13    of sentence credit for each month of his or her sentence of
14    imprisonment.
15        (2.5) The rules and regulations on sentence credit
16    shall provide that a prisoner who is serving a sentence for
17    aggravated arson committed on or after July 27, 2001 (the
18    effective date of Public Act 92-176) shall receive no more
19    than 4.5 days of sentence credit for each month of his or
20    her sentence of imprisonment.
21        (2.6) The rules and regulations on sentence credit
22    shall provide that a prisoner who is serving a sentence for
23    aggravated driving under the influence of alcohol, other
24    drug or drugs, or intoxicating compound or compounds or any
25    combination thereof as defined in subparagraph (C) of
26    paragraph (1) of subsection (d) of Section 11-501 of the

 

 

09800HB2265ham001- 27 -LRB098 10588 RLC 42564 a

1    Illinois Vehicle Code committed on or after January 1, 2011
2    (the effective date of Public Act 96-1230) shall receive no
3    more than 4.5 days of sentence credit for each month of his
4    or her sentence of imprisonment.
5        (3) The rules and regulations shall also provide that
6    the Director may award up to 180 days additional sentence
7    credit for good conduct in specific instances as the
8    Director deems proper. The good conduct may include, but is
9    not limited to, compliance with the rules and regulations
10    of the Department, service to the Department, service to a
11    community, or service to the State. However, the Director
12    shall not award more than 90 days of sentence credit for
13    good conduct to any prisoner who is serving a sentence for
14    conviction of first degree murder, reckless homicide while
15    under the influence of alcohol or any other drug, or
16    aggravated driving under the influence of alcohol, other
17    drug or drugs, or intoxicating compound or compounds, or
18    any combination thereof as defined in subparagraph (F) of
19    paragraph (1) of subsection (d) of Section 11-501 of the
20    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
21    predatory criminal sexual assault of a child, aggravated
22    criminal sexual assault, criminal sexual assault, deviate
23    sexual assault, aggravated criminal sexual abuse,
24    aggravated indecent liberties with a child, indecent
25    liberties with a child, child pornography, heinous battery
26    as described in Section 12-4.1 or subdivision (a)(2) of

 

 

09800HB2265ham001- 28 -LRB098 10588 RLC 42564 a

1    Section 12-3.05, aggravated battery of a spouse,
2    aggravated battery of a spouse with a firearm, stalking,
3    aggravated stalking, aggravated battery of a child as
4    described in Section 12-4.3 or subdivision (b)(1) of
5    Section 12-3.05, endangering the life or health of a child,
6    or cruelty to a child. Notwithstanding the foregoing,
7    sentence credit for good conduct shall not be awarded on a
8    sentence of imprisonment imposed for conviction of: (i) one
9    of the offenses enumerated in subdivision (a)(2)(i), (ii),
10    or (iii) when the offense is committed on or after June 19,
11    1998 or subdivision (a)(2)(iv) when the offense is
12    committed on or after June 23, 2005 (the effective date of
13    Public Act 94-71) or subdivision (a)(2)(v) when the offense
14    is committed on or after August 13, 2007 (the effective
15    date of Public Act 95-134) or subdivision (a)(2)(vi) when
16    the offense is committed on or after June 1, 2008 (the
17    effective date of Public Act 95-625) or subdivision
18    (a)(2)(vii) when the offense is committed on or after July
19    23, 2010 (the effective date of Public Act 96-1224), (ii)
20    aggravated driving under the influence of alcohol, other
21    drug or drugs, or intoxicating compound or compounds, or
22    any combination thereof as defined in subparagraph (F) of
23    paragraph (1) of subsection (d) of Section 11-501 of the
24    Illinois Vehicle Code, (iii) one of the offenses enumerated
25    in subdivision (a)(2.4) when the offense is committed on or
26    after July 15, 1999 (the effective date of Public Act

 

 

09800HB2265ham001- 29 -LRB098 10588 RLC 42564 a

1    91-121), (iv) aggravated arson when the offense is
2    committed on or after July 27, 2001 (the effective date of
3    Public Act 92-176), (v) offenses that may subject the
4    offender to commitment under the Sexually Violent Persons
5    Commitment Act, or (vi) aggravated driving under the
6    influence of alcohol, other drug or drugs, or intoxicating
7    compound or compounds or any combination thereof as defined
8    in subparagraph (C) of paragraph (1) of subsection (d) of
9    Section 11-501 of the Illinois Vehicle Code committed on or
10    after January 1, 2011 (the effective date of Public Act
11    96-1230).
12    Eligible inmates for an award of sentence credit under this
13paragraph (3) may be selected to receive the credit at the
14Director's or his or her designee's sole discretion.
15Consideration may be based on, but not limited to, any
16available risk assessment analysis on the inmate, any history
17of conviction for violent crimes as defined by the Rights of
18Crime Victims and Witnesses Act, facts and circumstances of the
19inmate's holding offense or offenses, and the potential for
20rehabilitation.
21    The Director shall not award sentence credit under this
22paragraph (3) to an inmate unless the inmate has served a
23minimum of 60 days of the sentence; except nothing in this
24paragraph shall be construed to permit the Director to extend
25an inmate's sentence beyond that which was imposed by the
26court. Prior to awarding credit under this paragraph (3), the

 

 

09800HB2265ham001- 30 -LRB098 10588 RLC 42564 a

1Director shall make a written determination that the inmate:
2            (A) is eligible for the sentence credit;
3            (B) has served a minimum of 60 days, or as close to
4        60 days as the sentence will allow; and
5            (C) has met the eligibility criteria established
6        by rule.
7        The Director shall determine the form and content of
8    the written determination required in this subsection.
9        (3.5) The Department shall provide annual written
10    reports to the Governor and the General Assembly on the
11    award of sentence credit for good conduct, with the first
12    report due January 1, 2014. The Department must publish
13    both reports on its website within 48 hours of transmitting
14    the reports to the Governor and the General Assembly. The
15    reports must include:
16            (A) the number of inmates awarded sentence credit
17        for good conduct;
18            (B) the average amount of sentence credit for good
19        conduct awarded;
20            (C) the holding offenses of inmates awarded
21        sentence credit for good conduct; and
22            (D) the number of sentence credit for good conduct
23        revocations.
24        (4) The rules and regulations shall also provide that
25    the sentence credit accumulated and retained under
26    paragraph (2.1) of subsection (a) of this Section by any

 

 

09800HB2265ham001- 31 -LRB098 10588 RLC 42564 a

1    inmate during specific periods of time in which such inmate
2    is engaged full-time in substance abuse programs,
3    correctional industry assignments, educational programs,
4    behavior modification programs, life skills courses, or
5    re-entry planning provided by the Department under this
6    paragraph (4) and satisfactorily completes the assigned
7    program as determined by the standards of the Department,
8    shall be multiplied by a factor of 1.25 for program
9    participation before August 11, 1993 and 1.50 for program
10    participation on or after that date. The rules and
11    regulations shall also provide that sentence credit,
12    subject to the same offense limits and multiplier provided
13    in this paragraph, may be provided to an inmate who was
14    held in pre-trial detention prior to his or her current
15    commitment to the Department of Corrections and
16    successfully completed a full-time, 60-day or longer
17    substance abuse program, educational program, behavior
18    modification program, life skills course, or re-entry
19    planning provided by the county department of corrections
20    or county jail. Calculation of this county program credit
21    shall be done at sentencing as provided in Section
22    5-4.5-100 of this Code and shall be included in the
23    sentencing order. However, no inmate shall be eligible for
24    the additional sentence credit under this paragraph (4) or
25    (4.1) of this subsection (a) while assigned to a boot camp
26    or electronic detention, or if convicted of an offense

 

 

09800HB2265ham001- 32 -LRB098 10588 RLC 42564 a

1    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
2    Section that is committed on or after June 19, 1998 or
3    subdivision (a)(2)(iv) of this Section that is committed on
4    or after June 23, 2005 (the effective date of Public Act
5    94-71) or subdivision (a)(2)(v) of this Section that is
6    committed on or after August 13, 2007 (the effective date
7    of Public Act 95-134) or subdivision (a)(2)(vi) when the
8    offense is committed on or after June 1, 2008 (the
9    effective date of Public Act 95-625) or subdivision
10    (a)(2)(vii) when the offense is committed on or after July
11    23, 2010 (the effective date of Public Act 96-1224), or if
12    convicted of aggravated driving under the influence of
13    alcohol, other drug or drugs, or intoxicating compound or
14    compounds or any combination thereof as defined in
15    subparagraph (F) of paragraph (1) of subsection (d) of
16    Section 11-501 of the Illinois Vehicle Code, or if
17    convicted of aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds or any combination thereof as defined in
20    subparagraph (C) of paragraph (1) of subsection (d) of
21    Section 11-501 of the Illinois Vehicle Code committed on or
22    after January 1, 2011 (the effective date of Public Act
23    96-1230), or if convicted of an offense enumerated in
24    paragraph (a)(2.4) of this Section that is committed on or
25    after July 15, 1999 (the effective date of Public Act
26    91-121), or first degree murder, a Class X felony, criminal

 

 

09800HB2265ham001- 33 -LRB098 10588 RLC 42564 a

1    sexual assault, felony criminal sexual abuse, aggravated
2    criminal sexual abuse, aggravated battery with a firearm as
3    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
4    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
5    successor offenses with the same or substantially the same
6    elements, or any inchoate offenses relating to the
7    foregoing offenses. No inmate shall be eligible for the
8    additional good conduct credit under this paragraph (4) who
9    (i) has previously received increased good conduct credit
10    under this paragraph (4) and has subsequently been
11    convicted of a felony, or (ii) has previously served more
12    than one prior sentence of imprisonment for a felony in an
13    adult correctional facility.
14        Educational, vocational, substance abuse, behavior
15    modification programs, life skills courses, re-entry
16    planning, and correctional industry programs under which
17    sentence credit may be increased under this paragraph (4)
18    and paragraph (4.1) of this subsection (a) shall be
19    evaluated by the Department on the basis of documented
20    standards. The Department shall report the results of these
21    evaluations to the Governor and the General Assembly by
22    September 30th of each year. The reports shall include data
23    relating to the recidivism rate among program
24    participants.
25        Availability of these programs shall be subject to the
26    limits of fiscal resources appropriated by the General

 

 

09800HB2265ham001- 34 -LRB098 10588 RLC 42564 a

1    Assembly for these purposes. Eligible inmates who are
2    denied immediate admission shall be placed on a waiting
3    list under criteria established by the Department. The
4    inability of any inmate to become engaged in any such
5    programs by reason of insufficient program resources or for
6    any other reason established under the rules and
7    regulations of the Department shall not be deemed a cause
8    of action under which the Department or any employee or
9    agent of the Department shall be liable for damages to the
10    inmate.
11        (4.1) The rules and regulations shall also provide that
12    an additional 60 days of sentence credit shall be awarded
13    to any prisoner who passes the high school level Test of
14    General Educational Development (GED) while the prisoner
15    is committed to the Department of Corrections. The sentence
16    credit awarded under this paragraph (4.1) shall be in
17    addition to, and shall not affect, the award of sentence
18    credit under any other paragraph of this Section, but shall
19    also be pursuant to the guidelines and restrictions set
20    forth in paragraph (4) of subsection (a) of this Section.
21    The sentence credit provided for in this paragraph shall be
22    available only to those prisoners who have not previously
23    earned a high school diploma or a GED. If, after an award
24    of the GED sentence credit has been made and the Department
25    determines that the prisoner was not eligible, then the
26    award shall be revoked. The Department may also award 60

 

 

09800HB2265ham001- 35 -LRB098 10588 RLC 42564 a

1    days of sentence credit to any committed person who passed
2    the high school level Test of General Educational
3    Development (GED) while he or she was held in pre-trial
4    detention prior to the current commitment to the Department
5    of Corrections.
6        (4.5) The rules and regulations on sentence credit
7    shall also provide that when the court's sentencing order
8    recommends a prisoner for substance abuse treatment and the
9    crime was committed on or after September 1, 2003 (the
10    effective date of Public Act 93-354), the prisoner shall
11    receive no sentence credit awarded under clause (3) of this
12    subsection (a) unless he or she participates in and
13    completes a substance abuse treatment program. The
14    Director may waive the requirement to participate in or
15    complete a substance abuse treatment program and award the
16    sentence credit in specific instances if the prisoner is
17    not a good candidate for a substance abuse treatment
18    program for medical, programming, or operational reasons.
19    Availability of substance abuse treatment shall be subject
20    to the limits of fiscal resources appropriated by the
21    General Assembly for these purposes. If treatment is not
22    available and the requirement to participate and complete
23    the treatment has not been waived by the Director, the
24    prisoner shall be placed on a waiting list under criteria
25    established by the Department. The Director may allow a
26    prisoner placed on a waiting list to participate in and

 

 

09800HB2265ham001- 36 -LRB098 10588 RLC 42564 a

1    complete a substance abuse education class or attend
2    substance abuse self-help meetings in lieu of a substance
3    abuse treatment program. A prisoner on a waiting list who
4    is not placed in a substance abuse program prior to release
5    may be eligible for a waiver and receive sentence credit
6    under clause (3) of this subsection (a) at the discretion
7    of the Director.
8        (4.6) The rules and regulations on sentence credit
9    shall also provide that a prisoner who has been convicted
10    of a sex offense as defined in Section 2 of the Sex
11    Offender Registration Act shall receive no sentence credit
12    unless he or she either has successfully completed or is
13    participating in sex offender treatment as defined by the
14    Sex Offender Management Board. However, prisoners who are
15    waiting to receive treatment, but who are unable to do so
16    due solely to the lack of resources on the part of the
17    Department, may, at the Director's sole discretion, be
18    awarded sentence credit at a rate as the Director shall
19    determine.
20        (5) Whenever the Department is to release any inmate
21    earlier than it otherwise would because of a grant of
22    sentence credit for good conduct under paragraph (3) of
23    subsection (a) of this Section given at any time during the
24    term, the Department shall give reasonable notice of the
25    impending release not less than 14 days prior to the date
26    of the release to the State's Attorney of the county where

 

 

09800HB2265ham001- 37 -LRB098 10588 RLC 42564 a

1    the prosecution of the inmate took place, and if
2    applicable, the State's Attorney of the county into which
3    the inmate will be released. The Department must also make
4    identification information and a recent photo of the inmate
5    being released accessible on the Internet by means of a
6    hyperlink labeled "Community Notification of Inmate Early
7    Release" on the Department's World Wide Web homepage. The
8    identification information shall include the inmate's:
9    name, any known alias, date of birth, physical
10    characteristics, residence address, commitment offense and
11    county where conviction was imposed. The identification
12    information shall be placed on the website within 3 days of
13    the inmate's release and the information may not be removed
14    until either: completion of the first year of mandatory
15    supervised release or return of the inmate to custody of
16    the Department.
17    (b) Whenever a person is or has been committed under
18several convictions, with separate sentences, the sentences
19shall be construed under Section 5-8-4 in granting and
20forfeiting of sentence credit.
21    (c) The Department shall prescribe rules and regulations
22for revoking sentence credit, including revoking sentence
23credit awarded for good conduct under paragraph (3) of
24subsection (a) of this Section. The Department shall prescribe
25rules and regulations for suspending or reducing the rate of
26accumulation of sentence credit for specific rule violations,

 

 

09800HB2265ham001- 38 -LRB098 10588 RLC 42564 a

1during imprisonment. These rules and regulations shall provide
2that no inmate may be penalized more than one year of sentence
3credit for any one infraction.
4    When the Department seeks to revoke, suspend or reduce the
5rate of accumulation of any sentence credits for an alleged
6infraction of its rules, it shall bring charges therefor
7against the prisoner sought to be so deprived of sentence
8credits before the Prisoner Review Board as provided in
9subparagraph (a)(4) of Section 3-3-2 of this Code, if the
10amount of credit at issue exceeds 30 days or when during any 12
11month period, the cumulative amount of credit revoked exceeds
1230 days except where the infraction is committed or discovered
13within 60 days of scheduled release. In those cases, the
14Department of Corrections may revoke up to 30 days of sentence
15credit. The Board may subsequently approve the revocation of
16additional sentence credit, if the Department seeks to revoke
17sentence credit in excess of 30 days. However, the Board shall
18not be empowered to review the Department's decision with
19respect to the loss of 30 days of sentence credit within any
20calendar year for any prisoner or to increase any penalty
21beyond the length requested by the Department.
22    The Director of the Department of Corrections, in
23appropriate cases, may restore up to 30 days of sentence
24credits which have been revoked, suspended or reduced. Any
25restoration of sentence credits in excess of 30 days shall be
26subject to review by the Prisoner Review Board. However, the

 

 

09800HB2265ham001- 39 -LRB098 10588 RLC 42564 a

1Board may not restore sentence credit in excess of the amount
2requested by the Director.
3    Nothing contained in this Section shall prohibit the
4Prisoner Review Board from ordering, pursuant to Section
53-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
6sentence imposed by the court that was not served due to the
7accumulation of sentence credit.
8    (d) If a lawsuit is filed by a prisoner in an Illinois or
9federal court against the State, the Department of Corrections,
10or the Prisoner Review Board, or against any of their officers
11or employees, and the court makes a specific finding that a
12pleading, motion, or other paper filed by the prisoner is
13frivolous, the Department of Corrections shall conduct a
14hearing to revoke up to 180 days of sentence credit by bringing
15charges against the prisoner sought to be deprived of the
16sentence credits before the Prisoner Review Board as provided
17in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
18prisoner has not accumulated 180 days of sentence credit at the
19time of the finding, then the Prisoner Review Board may revoke
20all sentence credit accumulated by the prisoner.
21    For purposes of this subsection (d):
22        (1) "Frivolous" means that a pleading, motion, or other
23    filing which purports to be a legal document filed by a
24    prisoner in his or her lawsuit meets any or all of the
25    following criteria:
26            (A) it lacks an arguable basis either in law or in

 

 

09800HB2265ham001- 40 -LRB098 10588 RLC 42564 a

1        fact;
2            (B) it is being presented for any improper purpose,
3        such as to harass or to cause unnecessary delay or
4        needless increase in the cost of litigation;
5            (C) the claims, defenses, and other legal
6        contentions therein are not warranted by existing law
7        or by a nonfrivolous argument for the extension,
8        modification, or reversal of existing law or the
9        establishment of new law;
10            (D) the allegations and other factual contentions
11        do not have evidentiary support or, if specifically so
12        identified, are not likely to have evidentiary support
13        after a reasonable opportunity for further
14        investigation or discovery; or
15            (E) the denials of factual contentions are not
16        warranted on the evidence, or if specifically so
17        identified, are not reasonably based on a lack of
18        information or belief.
19        (2) "Lawsuit" means a motion pursuant to Section 116-3
20    of the Code of Criminal Procedure of 1963, a habeas corpus
21    action under Article X of the Code of Civil Procedure or
22    under federal law (28 U.S.C. 2254), a petition for claim
23    under the Court of Claims Act, an action under the federal
24    Civil Rights Act (42 U.S.C. 1983), or a second or
25    subsequent petition for post-conviction relief under
26    Article 122 of the Code of Criminal Procedure of 1963

 

 

09800HB2265ham001- 41 -LRB098 10588 RLC 42564 a

1    whether filed with or without leave of court or a second or
2    subsequent petition for relief from judgment under Section
3    2-1401 of the Code of Civil Procedure.
4    (e) Nothing in Public Act 90-592 or 90-593 affects the
5validity of Public Act 89-404.
6    (f) Whenever the Department is to release any inmate who
7has been convicted of a violation of an order of protection
8under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
9the Criminal Code of 2012, earlier than it otherwise would
10because of a grant of sentence credit, the Department, as a
11condition of release, shall require that the person, upon
12release, be placed under electronic surveillance as provided in
13Section 5-8A-7 of this Code.
14(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
1596-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
167-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
17eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
1897-1150, eff. 1-25-13.)
 
19    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
20    Sec. 5-5-3. Disposition.
21    (a) (Blank).
22    (b) (Blank).
23    (c) (1) (Blank).
24        (2) A period of probation, a term of periodic
25    imprisonment or conditional discharge shall not be imposed

 

 

09800HB2265ham001- 42 -LRB098 10588 RLC 42564 a

1    for the following offenses. The court shall sentence the
2    offender to not less than the minimum term of imprisonment
3    set forth in this Code for the following offenses, and may
4    order a fine or restitution or both in conjunction with
5    such term of imprisonment:
6            (A) First degree murder where the death penalty is
7        not imposed.
8            (B) Attempted first degree murder.
9            (C) A Class X felony.
10            (D) A violation of Section 401.1 or 407 of the
11        Illinois Controlled Substances Act, or a violation of
12        subdivision (c)(1.5) or (c)(2) of Section 401 of that
13        Act which relates to more than 5 grams of a substance
14        containing cocaine, fentanyl, or an analog thereof.
15            (D-5) A violation of subdivision (c)(1) of Section
16        401 of the Illinois Controlled Substances Act which
17        relates to 3 or more grams of a substance containing
18        heroin or an analog thereof.
19            (E) A violation of Section 5.1 or 9 of the Cannabis
20        Control Act.
21            (F) A Class 2 or greater felony if the offender had
22        been convicted of a Class 2 or greater felony,
23        including any state or federal conviction for an
24        offense that contained, at the time it was committed,
25        the same elements as an offense now (the date of the
26        offense committed after the prior Class 2 or greater

 

 

09800HB2265ham001- 43 -LRB098 10588 RLC 42564 a

1        felony) classified as a Class 2 or greater felony,
2        within 10 years of the date on which the offender
3        committed the offense for which he or she is being
4        sentenced, except as otherwise provided in Section
5        40-10 of the Alcoholism and Other Drug Abuse and
6        Dependency Act.
7            (F-5) A violation of Section 24-1, 24-1.1, or
8        24-1.6, or 24-1.8 of the Criminal Code of 1961 or the
9        Criminal Code of 2012 for which imprisonment is
10        prescribed in those Sections.
11            (G) Residential burglary, except as otherwise
12        provided in Section 40-10 of the Alcoholism and Other
13        Drug Abuse and Dependency Act.
14            (H) Criminal sexual assault.
15            (I) Aggravated battery of a senior citizen as
16        described in Section 12-4.6 or subdivision (a)(4) of
17        Section 12-3.05 of the Criminal Code of 1961 or the
18        Criminal Code of 2012.
19            (J) A forcible felony if the offense was related to
20        the activities of an organized gang.
21            Before July 1, 1994, for the purposes of this
22        paragraph, "organized gang" means an association of 5
23        or more persons, with an established hierarchy, that
24        encourages members of the association to perpetrate
25        crimes or provides support to the members of the
26        association who do commit crimes.

 

 

09800HB2265ham001- 44 -LRB098 10588 RLC 42564 a

1            Beginning July 1, 1994, for the purposes of this
2        paragraph, "organized gang" has the meaning ascribed
3        to it in Section 10 of the Illinois Streetgang
4        Terrorism Omnibus Prevention Act.
5            (K) Vehicular hijacking.
6            (L) A second or subsequent conviction for the
7        offense of hate crime when the underlying offense upon
8        which the hate crime is based is felony aggravated
9        assault or felony mob action.
10            (M) A second or subsequent conviction for the
11        offense of institutional vandalism if the damage to the
12        property exceeds $300.
13            (N) A Class 3 felony violation of paragraph (1) of
14        subsection (a) of Section 2 of the Firearm Owners
15        Identification Card Act.
16            (O) A violation of Section 12-6.1 or 12-6.5 of the
17        Criminal Code of 1961 or the Criminal Code of 2012.
18            (P) A violation of paragraph (1), (2), (3), (4),
19        (5), or (7) of subsection (a) of Section 11-20.1 of the
20        Criminal Code of 1961 or the Criminal Code of 2012.
21            (Q) A violation of subsection (b) or (b-5) of
22        Section 20-1, Section 20-1.2, or Section 20-1.3 of the
23        Criminal Code of 1961 or the Criminal Code of 2012.
24            (R) A violation of Section 24-3A of the Criminal
25        Code of 1961 or the Criminal Code of 2012.
26            (S) (Blank).

 

 

09800HB2265ham001- 45 -LRB098 10588 RLC 42564 a

1            (T) A second or subsequent violation of the
2        Methamphetamine Control and Community Protection Act.
3            (U) A second or subsequent violation of Section
4        6-303 of the Illinois Vehicle Code committed while his
5        or her driver's license, permit, or privilege was
6        revoked because of a violation of Section 9-3 of the
7        Criminal Code of 1961 or the Criminal Code of 2012,
8        relating to the offense of reckless homicide, or a
9        similar provision of a law of another state.
10            (V) A violation of paragraph (4) of subsection (c)
11        of Section 11-20.1B or paragraph (4) of subsection (c)
12        of Section 11-20.3 of the Criminal Code of 1961, or
13        paragraph (6) of subsection (a) of Section 11-20.1 of
14        the Criminal Code of 2012 when the victim is under 13
15        years of age and the defendant has previously been
16        convicted under the laws of this State or any other
17        state of the offense of child pornography, aggravated
18        child pornography, aggravated criminal sexual abuse,
19        aggravated criminal sexual assault, predatory criminal
20        sexual assault of a child, or any of the offenses
21        formerly known as rape, deviate sexual assault,
22        indecent liberties with a child, or aggravated
23        indecent liberties with a child where the victim was
24        under the age of 18 years or an offense that is
25        substantially equivalent to those offenses.
26            (W) A violation of Section 24-3.5 of the Criminal

 

 

09800HB2265ham001- 46 -LRB098 10588 RLC 42564 a

1        Code of 1961 or the Criminal Code of 2012.
2            (X) A violation of subsection (a) of Section 31-1a
3        of the Criminal Code of 1961 or the Criminal Code of
4        2012.
5            (Y) A conviction for unlawful possession of a
6        firearm by a street gang member when the firearm was
7        loaded or contained firearm ammunition.
8            (Z) A Class 1 felony committed while he or she was
9        serving a term of probation or conditional discharge
10        for a felony.
11            (AA) Theft of property exceeding $500,000 and not
12        exceeding $1,000,000 in value.
13            (BB) Laundering of criminally derived property of
14        a value exceeding $500,000.
15            (CC) Knowingly selling, offering for sale, holding
16        for sale, or using 2,000 or more counterfeit items or
17        counterfeit items having a retail value in the
18        aggregate of $500,000 or more.
19            (DD) A conviction for aggravated assault under
20        paragraph (6) of subsection (c) of Section 12-2 of the
21        Criminal Code of 1961 or the Criminal Code of 2012 if
22        the firearm is aimed toward the person against whom the
23        firearm is being used.
24        (3) (Blank).
25        (4) A minimum term of imprisonment of not less than 10
26    consecutive days or 30 days of community service shall be

 

 

09800HB2265ham001- 47 -LRB098 10588 RLC 42564 a

1    imposed for a violation of paragraph (c) of Section 6-303
2    of the Illinois Vehicle Code.
3        (4.1) (Blank).
4        (4.2) Except as provided in paragraphs (4.3) and (4.8)
5    of this subsection (c), a minimum of 100 hours of community
6    service shall be imposed for a second violation of Section
7    6-303 of the Illinois Vehicle Code.
8        (4.3) A minimum term of imprisonment of 30 days or 300
9    hours of community service, as determined by the court,
10    shall be imposed for a second violation of subsection (c)
11    of Section 6-303 of the Illinois Vehicle Code.
12        (4.4) Except as provided in paragraphs (4.5), (4.6),
13    and (4.9) of this subsection (c), a minimum term of
14    imprisonment of 30 days or 300 hours of community service,
15    as determined by the court, shall be imposed for a third or
16    subsequent violation of Section 6-303 of the Illinois
17    Vehicle Code.
18        (4.5) A minimum term of imprisonment of 30 days shall
19    be imposed for a third violation of subsection (c) of
20    Section 6-303 of the Illinois Vehicle Code.
21        (4.6) Except as provided in paragraph (4.10) of this
22    subsection (c), a minimum term of imprisonment of 180 days
23    shall be imposed for a fourth or subsequent violation of
24    subsection (c) of Section 6-303 of the Illinois Vehicle
25    Code.
26        (4.7) A minimum term of imprisonment of not less than

 

 

09800HB2265ham001- 48 -LRB098 10588 RLC 42564 a

1    30 consecutive days, or 300 hours of community service,
2    shall be imposed for a violation of subsection (a-5) of
3    Section 6-303 of the Illinois Vehicle Code, as provided in
4    subsection (b-5) of that Section.
5        (4.8) A mandatory prison sentence shall be imposed for
6    a second violation of subsection (a-5) of Section 6-303 of
7    the Illinois Vehicle Code, as provided in subsection (c-5)
8    of that Section. The person's driving privileges shall be
9    revoked for a period of not less than 5 years from the date
10    of his or her release from prison.
11        (4.9) A mandatory prison sentence of not less than 4
12    and not more than 15 years shall be imposed for a third
13    violation of subsection (a-5) of Section 6-303 of the
14    Illinois Vehicle Code, as provided in subsection (d-2.5) of
15    that Section. The person's driving privileges shall be
16    revoked for the remainder of his or her life.
17        (4.10) A mandatory prison sentence for a Class 1 felony
18    shall be imposed, and the person shall be eligible for an
19    extended term sentence, for a fourth or subsequent
20    violation of subsection (a-5) of Section 6-303 of the
21    Illinois Vehicle Code, as provided in subsection (d-3.5) of
22    that Section. The person's driving privileges shall be
23    revoked for the remainder of his or her life.
24        (5) The court may sentence a corporation or
25    unincorporated association convicted of any offense to:
26            (A) a period of conditional discharge;

 

 

09800HB2265ham001- 49 -LRB098 10588 RLC 42564 a

1            (B) a fine;
2            (C) make restitution to the victim under Section
3        5-5-6 of this Code.
4        (5.1) In addition to any other penalties imposed, and
5    except as provided in paragraph (5.2) or (5.3), a person
6    convicted of violating subsection (c) of Section 11-907 of
7    the Illinois Vehicle Code shall have his or her driver's
8    license, permit, or privileges suspended for at least 90
9    days but not more than one year, if the violation resulted
10    in damage to the property of another person.
11        (5.2) In addition to any other penalties imposed, and
12    except as provided in paragraph (5.3), a person convicted
13    of violating subsection (c) of Section 11-907 of the
14    Illinois Vehicle Code shall have his or her driver's
15    license, permit, or privileges suspended for at least 180
16    days but not more than 2 years, if the violation resulted
17    in injury to another person.
18        (5.3) In addition to any other penalties imposed, a
19    person convicted of violating subsection (c) of Section
20    11-907 of the Illinois Vehicle Code shall have his or her
21    driver's license, permit, or privileges suspended for 2
22    years, if the violation resulted in the death of another
23    person.
24        (5.4) In addition to any other penalties imposed, a
25    person convicted of violating Section 3-707 of the Illinois
26    Vehicle Code shall have his or her driver's license,

 

 

09800HB2265ham001- 50 -LRB098 10588 RLC 42564 a

1    permit, or privileges suspended for 3 months and until he
2    or she has paid a reinstatement fee of $100.
3        (5.5) In addition to any other penalties imposed, a
4    person convicted of violating Section 3-707 of the Illinois
5    Vehicle Code during a period in which his or her driver's
6    license, permit, or privileges were suspended for a
7    previous violation of that Section shall have his or her
8    driver's license, permit, or privileges suspended for an
9    additional 6 months after the expiration of the original
10    3-month suspension and until he or she has paid a
11    reinstatement fee of $100.
12        (6) (Blank).
13        (7) (Blank).
14        (8) (Blank).
15        (9) A defendant convicted of a second or subsequent
16    offense of ritualized abuse of a child may be sentenced to
17    a term of natural life imprisonment.
18        (10) (Blank).
19        (11) The court shall impose a minimum fine of $1,000
20    for a first offense and $2,000 for a second or subsequent
21    offense upon a person convicted of or placed on supervision
22    for battery when the individual harmed was a sports
23    official or coach at any level of competition and the act
24    causing harm to the sports official or coach occurred
25    within an athletic facility or within the immediate
26    vicinity of the athletic facility at which the sports

 

 

09800HB2265ham001- 51 -LRB098 10588 RLC 42564 a

1    official or coach was an active participant of the athletic
2    contest held at the athletic facility. For the purposes of
3    this paragraph (11), "sports official" means a person at an
4    athletic contest who enforces the rules of the contest,
5    such as an umpire or referee; "athletic facility" means an
6    indoor or outdoor playing field or recreational area where
7    sports activities are conducted; and "coach" means a person
8    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
14    of that Section.
15        (13) A person convicted of or placed on court
16    supervision for an assault or aggravated assault when the
17    victim and the offender are family or household members as
18    defined in Section 103 of the Illinois Domestic Violence
19    Act of 1986 or convicted of domestic battery or aggravated
20    domestic battery may be required to attend a Partner Abuse
21    Intervention Program under protocols set forth by the
22    Illinois Department of Human Services under such terms and
23    conditions imposed by the court. The costs of such classes
24    shall be paid by the offender.
25    (d) In any case in which a sentence originally imposed is
26vacated, the case shall be remanded to the trial court. The

 

 

09800HB2265ham001- 52 -LRB098 10588 RLC 42564 a

1trial court shall hold a hearing under Section 5-4-1 of the
2Unified Code of Corrections which may include evidence of the
3defendant's life, moral character and occupation during the
4time since the original sentence was passed. The trial court
5shall then impose sentence upon the defendant. The trial court
6may impose any sentence which could have been imposed at the
7original trial subject to Section 5-5-4 of the Unified Code of
8Corrections. If a sentence is vacated on appeal or on
9collateral attack due to the failure of the trier of fact at
10trial to determine beyond a reasonable doubt the existence of a
11fact (other than a prior conviction) necessary to increase the
12punishment for the offense beyond the statutory maximum
13otherwise applicable, either the defendant may be re-sentenced
14to a term within the range otherwise provided or, if the State
15files notice of its intention to again seek the extended
16sentence, the defendant shall be afforded a new trial.
17    (e) In cases where prosecution for aggravated criminal
18sexual abuse under Section 11-1.60 or 12-16 of the Criminal
19Code of 1961 or the Criminal Code of 2012 results in conviction
20of a defendant who was a family member of the victim at the
21time of the commission of the offense, the court shall consider
22the safety and welfare of the victim and may impose a sentence
23of probation only where:
24        (1) the court finds (A) or (B) or both are appropriate:
25            (A) the defendant is willing to undergo a court
26        approved counseling program for a minimum duration of 2

 

 

09800HB2265ham001- 53 -LRB098 10588 RLC 42564 a

1        years; or
2            (B) the defendant is willing to participate in a
3        court approved plan including but not limited to the
4        defendant's:
5                (i) removal from the household;
6                (ii) restricted contact with the victim;
7                (iii) continued financial support of the
8            family;
9                (iv) restitution for harm done to the victim;
10            and
11                (v) compliance with any other measures that
12            the court may deem appropriate; and
13        (2) the court orders the defendant to pay for the
14    victim's counseling services, to the extent that the court
15    finds, after considering the defendant's income and
16    assets, that the defendant is financially capable of paying
17    for such services, if the victim was under 18 years of age
18    at the time the offense was committed and requires
19    counseling as a result of the offense.
20    Probation may be revoked or modified pursuant to Section
215-6-4; except where the court determines at the hearing that
22the defendant violated a condition of his or her probation
23restricting contact with the victim or other family members or
24commits another offense with the victim or other family
25members, the court shall revoke the defendant's probation and
26impose a term of imprisonment.

 

 

09800HB2265ham001- 54 -LRB098 10588 RLC 42564 a

1    For the purposes of this Section, "family member" and
2"victim" shall have the meanings ascribed to them in Section
311-0.1 of the Criminal Code of 2012.
4    (f) (Blank).
5    (g) Whenever a defendant is convicted of an offense under
6Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
711-14.3, 11-14.4 except for an offense that involves keeping a
8place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
911-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1012-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
11Criminal Code of 2012, the defendant shall undergo medical
12testing to determine whether the defendant has any sexually
13transmissible disease, including a test for infection with
14human immunodeficiency virus (HIV) or any other identified
15causative agent of acquired immunodeficiency syndrome (AIDS).
16Any such medical test shall be performed only by appropriately
17licensed medical practitioners and may include an analysis of
18any bodily fluids as well as an examination of the defendant's
19person. Except as otherwise provided by law, the results of
20such test shall be kept strictly confidential by all medical
21personnel involved in the testing and must be personally
22delivered in a sealed envelope to the judge of the court in
23which the conviction was entered for the judge's inspection in
24camera. Acting in accordance with the best interests of the
25victim and the public, the judge shall have the discretion to
26determine to whom, if anyone, the results of the testing may be

 

 

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1revealed. The court shall notify the defendant of the test
2results. The court shall also notify the victim if requested by
3the victim, and if the victim is under the age of 15 and if
4requested by the victim's parents or legal guardian, the court
5shall notify the victim's parents or legal guardian of the test
6results. The court shall provide information on the
7availability of HIV testing and counseling at Department of
8Public Health facilities to all parties to whom the results of
9the testing are revealed and shall direct the State's Attorney
10to provide the information to the victim when possible. A
11State's Attorney may petition the court to obtain the results
12of any HIV test administered under this Section, and the court
13shall grant the disclosure if the State's Attorney shows it is
14relevant in order to prosecute a charge of criminal
15transmission of HIV under Section 12-5.01 or 12-16.2 of the
16Criminal Code of 1961 or the Criminal Code of 2012 against the
17defendant. The court shall order that the cost of any such test
18shall be paid by the county and may be taxed as costs against
19the convicted defendant.
20    (g-5) When an inmate is tested for an airborne communicable
21disease, as determined by the Illinois Department of Public
22Health including but not limited to tuberculosis, the results
23of the test shall be personally delivered by the warden or his
24or her designee in a sealed envelope to the judge of the court
25in which the inmate must appear for the judge's inspection in
26camera if requested by the judge. Acting in accordance with the

 

 

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1best interests of those in the courtroom, the judge shall have
2the discretion to determine what if any precautions need to be
3taken to prevent transmission of the disease in the courtroom.
4    (h) Whenever a defendant is convicted of an offense under
5Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
6defendant shall undergo medical testing to determine whether
7the defendant has been exposed to human immunodeficiency virus
8(HIV) or any other identified causative agent of acquired
9immunodeficiency syndrome (AIDS). Except as otherwise provided
10by law, the results of such test shall be kept strictly
11confidential by all medical personnel involved in the testing
12and must be personally delivered in a sealed envelope to the
13judge of the court in which the conviction was entered for the
14judge's inspection in camera. Acting in accordance with the
15best interests of the public, the judge shall have the
16discretion to determine to whom, if anyone, the results of the
17testing may be revealed. The court shall notify the defendant
18of a positive test showing an infection with the human
19immunodeficiency virus (HIV). The court shall provide
20information on the availability of HIV testing and counseling
21at Department of Public Health facilities to all parties to
22whom the results of the testing are revealed and shall direct
23the State's Attorney to provide the information to the victim
24when possible. A State's Attorney may petition the court to
25obtain the results of any HIV test administered under this
26Section, and the court shall grant the disclosure if the

 

 

09800HB2265ham001- 57 -LRB098 10588 RLC 42564 a

1State's Attorney shows it is relevant in order to prosecute a
2charge of criminal transmission of HIV under Section 12-5.01 or
312-16.2 of the Criminal Code of 1961 or the Criminal Code of
42012 against the defendant. The court shall order that the cost
5of any such test shall be paid by the county and may be taxed as
6costs against the convicted defendant.
7    (i) All fines and penalties imposed under this Section for
8any violation of Chapters 3, 4, 6, and 11 of the Illinois
9Vehicle Code, or a similar provision of a local ordinance, and
10any violation of the Child Passenger Protection Act, or a
11similar provision of a local ordinance, shall be collected and
12disbursed by the circuit clerk as provided under Section 27.5
13of the Clerks of Courts Act.
14    (j) In cases when prosecution for any violation of Section
1511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1711-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1811-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1912-15, or 12-16 of the Criminal Code of 1961 or the Criminal
20Code of 2012, any violation of the Illinois Controlled
21Substances Act, any violation of the Cannabis Control Act, or
22any violation of the Methamphetamine Control and Community
23Protection Act results in conviction, a disposition of court
24supervision, or an order of probation granted under Section 10
25of the Cannabis Control Act, Section 410 of the Illinois
26Controlled Substance Act, or Section 70 of the Methamphetamine

 

 

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1Control and Community Protection Act of a defendant, the court
2shall determine whether the defendant is employed by a facility
3or center as defined under the Child Care Act of 1969, a public
4or private elementary or secondary school, or otherwise works
5with children under 18 years of age on a daily basis. When a
6defendant is so employed, the court shall order the Clerk of
7the Court to send a copy of the judgment of conviction or order
8of supervision or probation to the defendant's employer by
9certified mail. If the employer of the defendant is a school,
10the Clerk of the Court shall direct the mailing of a copy of
11the judgment of conviction or order of supervision or probation
12to the appropriate regional superintendent of schools. The
13regional superintendent of schools shall notify the State Board
14of Education of any notification under this subsection.
15    (j-5) A defendant at least 17 years of age who is convicted
16of a felony and who has not been previously convicted of a
17misdemeanor or felony and who is sentenced to a term of
18imprisonment in the Illinois Department of Corrections shall as
19a condition of his or her sentence be required by the court to
20attend educational courses designed to prepare the defendant
21for a high school diploma and to work toward a high school
22diploma or to work toward passing the high school level Test of
23General Educational Development (GED) or to work toward
24completing a vocational training program offered by the
25Department of Corrections. If a defendant fails to complete the
26educational training required by his or her sentence during the

 

 

09800HB2265ham001- 59 -LRB098 10588 RLC 42564 a

1term of incarceration, the Prisoner Review Board shall, as a
2condition of mandatory supervised release, require the
3defendant, at his or her own expense, to pursue a course of
4study toward a high school diploma or passage of the GED test.
5The Prisoner Review Board shall revoke the mandatory supervised
6release of a defendant who wilfully fails to comply with this
7subsection (j-5) upon his or her release from confinement in a
8penal institution while serving a mandatory supervised release
9term; however, the inability of the defendant after making a
10good faith effort to obtain financial aid or pay for the
11educational training shall not be deemed a wilful failure to
12comply. The Prisoner Review Board shall recommit the defendant
13whose mandatory supervised release term has been revoked under
14this subsection (j-5) as provided in Section 3-3-9. This
15subsection (j-5) does not apply to a defendant who has a high
16school diploma or has successfully passed the GED test. This
17subsection (j-5) does not apply to a defendant who is
18determined by the court to be developmentally disabled or
19otherwise mentally incapable of completing the educational or
20vocational program.
21    (k) (Blank).
22    (l) (A) Except as provided in paragraph (C) of subsection
23    (l), whenever a defendant, who is an alien as defined by
24    the Immigration and Nationality Act, is convicted of any
25    felony or misdemeanor offense, the court after sentencing
26    the defendant may, upon motion of the State's Attorney,

 

 

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1    hold sentence in abeyance and remand the defendant to the
2    custody of the Attorney General of the United States or his
3    or her designated agent to be deported when:
4            (1) a final order of deportation has been issued
5        against the defendant pursuant to proceedings under
6        the Immigration and Nationality Act, and
7            (2) the deportation of the defendant would not
8        deprecate the seriousness of the defendant's conduct
9        and would not be inconsistent with the ends of justice.
10        Otherwise, the defendant shall be sentenced as
11    provided in this Chapter V.
12        (B) If the defendant has already been sentenced for a
13    felony or misdemeanor offense, or has been placed on
14    probation under Section 10 of the Cannabis Control Act,
15    Section 410 of the Illinois Controlled Substances Act, or
16    Section 70 of the Methamphetamine Control and Community
17    Protection Act, the court may, upon motion of the State's
18    Attorney to suspend the sentence imposed, commit the
19    defendant to the custody of the Attorney General of the
20    United States or his or her designated agent when:
21            (1) a final order of deportation has been issued
22        against the defendant pursuant to proceedings under
23        the Immigration and Nationality Act, and
24            (2) the deportation of the defendant would not
25        deprecate the seriousness of the defendant's conduct
26        and would not be inconsistent with the ends of justice.

 

 

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1        (C) This subsection (l) does not apply to offenders who
2    are subject to the provisions of paragraph (2) of
3    subsection (a) of Section 3-6-3.
4        (D) Upon motion of the State's Attorney, if a defendant
5    sentenced under this Section returns to the jurisdiction of
6    the United States, the defendant shall be recommitted to
7    the custody of the county from which he or she was
8    sentenced. Thereafter, the defendant shall be brought
9    before the sentencing court, which may impose any sentence
10    that was available under Section 5-5-3 at the time of
11    initial sentencing. In addition, the defendant shall not be
12    eligible for additional sentence credit for good conduct as
13    provided under Section 3-6-3.
14    (m) A person convicted of criminal defacement of property
15under Section 21-1.3 of the Criminal Code of 1961 or the
16Criminal Code of 2012, in which the property damage exceeds
17$300 and the property damaged is a school building, shall be
18ordered to perform community service that may include cleanup,
19removal, or painting over the defacement.
20    (n) The court may sentence a person convicted of a
21violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
22subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
23of 1961 or the Criminal Code of 2012 (i) to an impact
24incarceration program if the person is otherwise eligible for
25that program under Section 5-8-1.1, (ii) to community service,
26or (iii) if the person is an addict or alcoholic, as defined in

 

 

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1the Alcoholism and Other Drug Abuse and Dependency Act, to a
2substance or alcohol abuse program licensed under that Act.
3    (o) Whenever a person is convicted of a sex offense as
4defined in Section 2 of the Sex Offender Registration Act, the
5defendant's driver's license or permit shall be subject to
6renewal on an annual basis in accordance with the provisions of
7license renewal established by the Secretary of State.
8(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
996-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
101, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
11eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
1297-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
138-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
14eff. 1-25-13.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".