Full Text of SB1824 99th General Assembly
SB1824ham006 99TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 1/6/2017
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| 1 | | AMENDMENT TO SENATE BILL 1824
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1824, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Criminal Identification Act is amended by | 6 | | changing Section 2.1 as follows:
| 7 | | (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
| 8 | | Sec. 2.1. For the purpose of maintaining complete and | 9 | | accurate
criminal records of the Department of State Police, it | 10 | | is necessary for all
policing bodies of this State, the clerk | 11 | | of the circuit court, the Illinois
Department of Corrections, | 12 | | the sheriff of each county, and State's Attorney
of each county | 13 | | to submit certain criminal arrest, charge, and disposition
| 14 | | information to the Department for filing at the earliest time | 15 | | possible.
Unless otherwise noted herein, it shall be the duty | 16 | | of all policing bodies
of this State, the clerk of the circuit |
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| 1 | | court, the Illinois Department of
Corrections, the sheriff of | 2 | | each county, and the State's Attorney of each
county to report | 3 | | such information as provided in this Section, both in the
form | 4 | | and manner required by the Department and within 30 days of the
| 5 | | criminal history event. Specifically:
| 6 | | (a) Arrest Information. All agencies making arrests for | 7 | | offenses which
are required by statute to be collected, | 8 | | maintained or disseminated by the
Department of State Police | 9 | | shall be responsible
for furnishing daily to the Department | 10 | | fingerprints, charges and
descriptions of all persons who are | 11 | | arrested for such offenses. All such
agencies shall also notify | 12 | | the Department of all decisions by the arresting
agency not to | 13 | | refer
such arrests for prosecution. With approval of the | 14 | | Department, an agency
making such arrests may enter into
| 15 | | arrangements with other agencies for the purpose of furnishing | 16 | | daily such
fingerprints, charges and descriptions to the | 17 | | Department upon its behalf.
| 18 | | (b) Charge Information. The State's Attorney of each county | 19 | | shall notify
the Department of all charges filed and all | 20 | | petitions filed alleging that a
minor is delinquent, including | 21 | | all those added subsequent
to the filing of a case, and whether | 22 | | charges were not filed
in cases for which the Department has | 23 | | received information
required to be reported pursuant to | 24 | | paragraph (a) of this Section.
With approval of the Department, | 25 | | the State's Attorney may enter into
arrangements with other | 26 | | agencies for the
purpose of furnishing the information required |
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| 1 | | by this subsection (b) to the
Department upon the State's | 2 | | Attorney's behalf.
| 3 | | (c) Disposition Information. The clerk of the circuit court | 4 | | of each county
shall furnish the Department, in the form and | 5 | | manner required by the Supreme
Court, with all final | 6 | | dispositions of cases for which the Department
has received | 7 | | information required to be reported pursuant to paragraph (a)
| 8 | | or (d) of this Section. Such information shall include, for | 9 | | each charge,
all (1) judgments of not guilty, judgments of | 10 | | guilty including the sentence
pronounced by the court with | 11 | | statutory citations to the relevant sentencing provision ,
| 12 | | findings that a minor is delinquent
and any sentence made based | 13 | | on those findings,
discharges and dismissals in the court; (2)
| 14 | | reviewing court orders filed with the clerk of the circuit | 15 | | court which
reverse or remand a reported conviction
or findings | 16 | | that a minor is delinquent
or that vacate or modify a sentence
| 17 | | or sentence made following a trial that a minor is
delinquent;
| 18 | | (3)
continuances to a date certain in furtherance of an order | 19 | | of supervision
granted under Section 5-6-1 of the Unified Code | 20 | | of Corrections or an order
of probation granted under Section | 21 | | 10 of the Cannabis Control Act, Section
410 of the Illinois | 22 | | Controlled Substances Act, Section 70 of the Methamphetamine | 23 | | Control and Community Protection Act, Section 12-4.3 or | 24 | | subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of | 25 | | 1961 or the Criminal Code of 2012, Section 10-102 of the | 26 | | Illinois Alcoholism and
Other Drug Dependency Act, Section |
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| 1 | | 40-10 of the Alcoholism and Other Drug
Abuse and Dependency | 2 | | Act, Section 10 of the Steroid Control Act, or
Section 5-615 of | 3 | | the Juvenile Court Act of 1987; and
(4) judgments or court | 4 | | orders terminating or revoking a sentence
to or juvenile | 5 | | disposition of probation, supervision or conditional
discharge | 6 | | and any resentencing
or new court orders entered by a juvenile | 7 | | court relating to the disposition
of a minor's case involving | 8 | | delinquency
after such revocation.
| 9 | | (d) Fingerprints After Sentencing.
| 10 | | (1) After the court pronounces sentence,
sentences a | 11 | | minor following a trial in which a minor was found to be
| 12 | | delinquent
or issues an order of supervision or an order of | 13 | | probation granted under
Section 10 of the Cannabis Control | 14 | | Act, Section 410 of the Illinois
Controlled Substances Act, | 15 | | Section 70 of the Methamphetamine Control and Community | 16 | | Protection Act, Section 12-4.3 or subdivision (b)(1) of | 17 | | Section 12-3.05 of the Criminal Code of
1961 or the | 18 | | Criminal Code of 2012, Section 10-102 of the Illinois | 19 | | Alcoholism and Other Drug Dependency
Act, Section 40-10 of | 20 | | the Alcoholism and Other Drug Abuse and Dependency
Act, | 21 | | Section 10 of the Steroid Control Act, or Section
5-615 of
| 22 | | the Juvenile Court Act of 1987 for any offense which
is | 23 | | required by statute to be collected,
maintained, or | 24 | | disseminated by the Department of State Police, the State's
| 25 | | Attorney of each county shall ask the court to order a law | 26 | | enforcement
agency to fingerprint immediately all persons |
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| 1 | | appearing before the court
who have not previously been | 2 | | fingerprinted for the same case. The court
shall so order | 3 | | the requested fingerprinting, if it determines that any | 4 | | such
person has not previously been fingerprinted for the | 5 | | same case. The law
enforcement agency shall submit such | 6 | | fingerprints to the Department daily.
| 7 | | (2) After the court pronounces sentence or makes a | 8 | | disposition of a case
following a finding of delinquency | 9 | | for any offense which is not
required by statute to be | 10 | | collected, maintained, or disseminated by the
Department | 11 | | of State Police, the prosecuting attorney may ask the court | 12 | | to
order a law enforcement agency to fingerprint | 13 | | immediately all persons
appearing before the court who have | 14 | | not previously been fingerprinted for
the same case. The | 15 | | court may so order the requested fingerprinting, if it
| 16 | | determines that any so sentenced person has not previously | 17 | | been
fingerprinted for the same case. The law enforcement | 18 | | agency may retain
such fingerprints in its files.
| 19 | | (e) Corrections Information. The Illinois Department of | 20 | | Corrections and
the sheriff of each county shall furnish the | 21 | | Department with all information
concerning the receipt, | 22 | | escape, execution, death, release, pardon, parole,
commutation | 23 | | of sentence, granting of executive clemency or discharge of
an | 24 | | individual who has been sentenced or committed to the agency's | 25 | | custody
for any offenses
which are mandated by statute to be | 26 | | collected, maintained or disseminated
by the Department of |
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| 1 | | State Police. For an individual who has been charged
with any | 2 | | such offense and who escapes from custody or dies while in
| 3 | | custody, all information concerning the receipt and escape or | 4 | | death,
whichever is appropriate, shall also be so furnished to | 5 | | the Department.
| 6 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 7 | | Section 10. The Clerks of Courts Act is amended by changing | 8 | | Section 14 as follows:
| 9 | | (705 ILCS 105/14) (from Ch. 25, par. 14)
| 10 | | Sec. 14.
The clerks shall enter of record all judgments and | 11 | | orders of
their respective courts, as soon after the rendition | 12 | | or making thereof
as practicable.
| 13 | | Immediately after a judgment of dissolution of marriage or | 14 | | declaration
of invalidity of marriage is
granted in this State, | 15 | | the clerk of the court which granted the judgment
of | 16 | | dissolution of marriage or declaration of invalidity of | 17 | | marriage shall
complete and sign the form
furnished by the | 18 | | Department of Public Health, and forward such form to
the | 19 | | Department of Public Health within 45 days after the close of | 20 | | the
month in which the judgment is rendered. | 21 | | The clerk of the circuit court of each county shall, on a | 22 | | monthly basis, provide electronic copies of sentencing orders | 23 | | of persons sentenced under Section 5-4.5-110 of the Unified | 24 | | Code of Corrections to the Sentencing Policy Advisory Council |
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| 1 | | for the purposes of analysis and reporting.
| 2 | | (Source: P.A. 83-346.)
| 3 | | Section 15. The Criminal Code of 2012 is amended by | 4 | | changing Sections 24-1.1 and 24-1.6 as follows:
| 5 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 6 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | 7 | | Felons or
Persons in the Custody of the
Department of | 8 | | Corrections Facilities. | 9 | | (a) It is unlawful
for a person to knowingly possess on or | 10 | | about his person or on his land or
in his own abode or fixed | 11 | | place of business any weapon prohibited under
Section 24-1 of | 12 | | this Act or any firearm or any firearm ammunition if the
person | 13 | | has been convicted of a felony under the laws of this State or | 14 | | any
other jurisdiction. This Section shall not apply if the | 15 | | person has been
granted relief by the Director of the | 16 | | Department of State Police
under Section 10 of the Firearm | 17 | | Owners Identification
Card Act.
| 18 | | (b) It is unlawful for any person confined in a penal | 19 | | institution,
which is a facility of the Illinois Department of | 20 | | Corrections, to possess
any weapon prohibited under Section | 21 | | 24-1 of this Code or any firearm or
firearm ammunition, | 22 | | regardless of the intent with which he possesses it.
| 23 | | (c) It shall be an affirmative defense to a violation of | 24 | | subsection (b), that such possession was specifically |
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| 1 | | authorized by rule,
regulation, or directive of the Illinois | 2 | | Department of Corrections or order
issued pursuant thereto.
| 3 | | (d) The defense of necessity is not available to a person | 4 | | who is charged
with a violation of subsection (b) of this | 5 | | Section.
| 6 | | (e) Sentence. Violation of this Section by a person not | 7 | | confined
in a penal institution shall be a Class 3 felony
for | 8 | | which the person shall be sentenced to no less than 2 years and | 9 | | no
more than 10 years . A and any second or subsequent violation | 10 | | of this Section shall be a Class 2 felony for which the person | 11 | | shall be sentenced to a term of imprisonment of not less than 3 | 12 | | years and not more than 14 years , except as provided for in | 13 | | Section 5-4.5-110 of the Unified Code of Corrections . Violation | 14 | | of this Section by a person not confined in a
penal institution | 15 | | who has been convicted of a forcible felony, a felony
violation | 16 | | of Article 24 of this Code or of the Firearm Owners | 17 | | Identification
Card Act, stalking or aggravated stalking, or a | 18 | | Class 2 or greater felony
under the Illinois Controlled | 19 | | Substances Act, the Cannabis Control Act, or the | 20 | | Methamphetamine Control and Community Protection Act is a
Class | 21 | | 2 felony for which the person
shall be sentenced to not less | 22 | | than 3 years and not more than 14 years , except as provided for | 23 | | in Section 5-4.5-110 of the Unified Code of Corrections .
| 24 | | Violation of this Section by a person who is on parole or | 25 | | mandatory supervised
release is a Class 2 felony for which the | 26 | | person shall be sentenced to not less than 3 years and not more |
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| 1 | | than 14
years , except as provided for in Section 5-4.5-110 of | 2 | | the Unified Code of Corrections . Violation of this Section by a | 3 | | person not confined in a penal
institution is a Class X felony | 4 | | when the firearm possessed is a machine gun.
Any person who | 5 | | violates this Section while confined in a penal
institution, | 6 | | which is a facility of the Illinois Department of
Corrections, | 7 | | is guilty of a Class 1
felony, if he possesses any weapon | 8 | | prohibited under Section 24-1 of this
Code regardless of the | 9 | | intent with which he possesses it, a Class X
felony if he | 10 | | possesses any firearm, firearm ammunition or explosive, and a
| 11 | | Class X felony for which the offender shall be sentenced to not | 12 | | less than 12
years and not more than 50 years when the firearm | 13 | | possessed is a machine
gun. A violation of this Section while | 14 | | wearing or in possession of body armor as defined in Section | 15 | | 33F-1 is a Class X felony punishable by a term of imprisonment | 16 | | of not less than 10 years and not more than 40 years.
The | 17 | | possession of each firearm or firearm ammunition in violation | 18 | | of this Section constitutes a single and separate violation.
| 19 | | (Source: P.A. 97-237, eff. 1-1-12.)
| 20 | | (720 ILCS 5/24-1.6) | 21 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 22 | | (a) A person commits the offense of aggravated unlawful use | 23 | | of a weapon when
he or she knowingly: | 24 | | (1) Carries on or about his or her person or in any | 25 | | vehicle or concealed
on or about his or her person except |
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| 1 | | when on his or her land or in his or her
abode, legal | 2 | | dwelling, or fixed place of business, or on the land or in | 3 | | the legal dwelling of another person as an invitee with | 4 | | that person's permission, any pistol, revolver, stun gun or | 5 | | taser or
other firearm; or | 6 | | (2) Carries or possesses on or about his or her person, | 7 | | upon any public
street, alley, or other public lands within | 8 | | the corporate limits of a city,
village or incorporated | 9 | | town, except when an invitee thereon or therein, for
the | 10 | | purpose of the display of such weapon or the lawful | 11 | | commerce in weapons, or
except when on his or her own land | 12 | | or in his or her own abode, legal dwelling, or fixed place | 13 | | of
business, or on the land or in the legal dwelling of | 14 | | another person as an invitee with that person's permission, | 15 | | any pistol, revolver, stun gun or taser or other firearm; | 16 | | and | 17 | | (3) One of the following factors is present: | 18 | | (A) the firearm, other than a pistol, revolver, or | 19 | | handgun, possessed was uncased, loaded, and | 20 | | immediately accessible
at the time of the offense; or | 21 | | (A-5) the pistol, revolver, or handgun possessed | 22 | | was uncased, loaded, and immediately accessible
at the | 23 | | time of the offense and the person possessing the | 24 | | pistol, revolver, or handgun has not been issued a | 25 | | currently valid license under the Firearm Concealed | 26 | | Carry Act; or |
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| 1 | | (B) the firearm, other than a pistol, revolver, or | 2 | | handgun, possessed was uncased, unloaded, and the | 3 | | ammunition for
the weapon was immediately accessible | 4 | | at the time of the offense; or | 5 | | (B-5) the pistol, revolver, or handgun possessed | 6 | | was uncased, unloaded, and the ammunition for
the | 7 | | weapon was immediately accessible at the time of the | 8 | | offense and the person possessing the pistol, | 9 | | revolver, or handgun has not been issued a currently | 10 | | valid license under the Firearm Concealed Carry Act; or | 11 | | (C) the person possessing the firearm has not been | 12 | | issued a currently
valid Firearm Owner's | 13 | | Identification Card; or | 14 | | (D) the person possessing the weapon was | 15 | | previously adjudicated
a delinquent minor under the | 16 | | Juvenile Court Act of 1987 for an act that if
committed | 17 | | by an adult would be a felony; or | 18 | | (E) the person possessing the weapon was engaged in | 19 | | a misdemeanor
violation of the Cannabis
Control Act, in | 20 | | a misdemeanor violation of the Illinois Controlled | 21 | | Substances
Act, or in a misdemeanor violation of the | 22 | | Methamphetamine Control and Community Protection Act; | 23 | | or | 24 | | (F) (blank); or | 25 | | (G) the person possessing the weapon had an a order | 26 | | of protection issued
against him or her within the |
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| 1 | | previous 2 years; or | 2 | | (H) the person possessing the weapon was engaged in | 3 | | the commission or
attempted commission of
a | 4 | | misdemeanor involving the use or threat of violence | 5 | | against
the person or property of another; or | 6 | | (I) the person possessing the weapon was under 21 | 7 | | years of age and in
possession of a handgun, unless the | 8 | | person under 21
is engaged in lawful activities under | 9 | | the Wildlife Code or described in
subsection | 10 | | 24-2(b)(1), (b)(3), or 24-2(f). | 11 | | (a-5) "Handgun" as used in this Section has the meaning | 12 | | given to it in Section 5 of the Firearm Concealed Carry Act. | 13 | | (b) "Stun gun or taser" as used in this Section has the | 14 | | same definition
given to it in Section 24-1 of this Code. | 15 | | (c) This Section does not apply to or affect the | 16 | | transportation or
possession
of weapons that: | 17 | | (i) are broken down in a non-functioning state; or | 18 | | (ii) are not immediately accessible; or | 19 | | (iii) are unloaded and enclosed in a case, firearm | 20 | | carrying box,
shipping box, or other container by a person | 21 | | who has been issued a currently
valid Firearm Owner's
| 22 | | Identification Card. | 23 | | (d) Sentence. | 24 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 25 | | felony;
a second or subsequent offense is a Class 2 felony | 26 | | for which the person shall be sentenced to a term of |
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| 1 | | imprisonment of not less than 3 years and not more than 7 | 2 | | years , except as provided for in Section 5-4.5-110 of the | 3 | | Unified Code of Corrections . | 4 | | (2) Except as otherwise provided in paragraphs (3) and | 5 | | (4) of this subsection (d), a first offense of aggravated | 6 | | unlawful use of a weapon committed with a firearm by a | 7 | | person 18 years of age or older where the factors listed in | 8 | | both items (A) and (C) or both items (A-5) and (C) of | 9 | | paragraph (3) of subsection (a) are present is a Class 4 | 10 | | felony, for which the person shall be sentenced to a term | 11 | | of imprisonment of not less than one year and not more than | 12 | | 3 years. | 13 | | (3) Aggravated unlawful use of
a weapon by a person who | 14 | | has been previously
convicted of a felony in this State or | 15 | | another jurisdiction is a Class 2
felony for which the | 16 | | person shall be sentenced to a term of imprisonment of not | 17 | | less than 3 years and not more than 7 years , except as | 18 | | provided for in Section 5-4.5-110 of the Unified Code of | 19 | | Corrections . | 20 | | (4) Aggravated unlawful use of a weapon while wearing | 21 | | or in possession of body armor as defined in Section 33F-1 | 22 | | by a person who has not been issued a valid Firearms | 23 | | Owner's Identification Card in accordance with Section 5 of | 24 | | the Firearm Owners Identification Card Act is a Class X | 25 | | felony.
| 26 | | (e) The possession of each firearm in violation of this |
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| 1 | | Section constitutes a single and separate violation. | 2 | | (Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.) | 3 | | Section 20. The Unified Code of Corrections is amended by | 4 | | changing Section 5-8-8 and by adding Section 5-4.5-110 as | 5 | | follows: | 6 | | (730 ILCS 5/5-4.5-110 new) | 7 | | Sec. 5-4.5-110. SENTENCING OF INDIVIDUALS WITH PRIOR | 8 | | FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. | 9 | | (a) DEFINITIONS. For the purposes of this Section: | 10 | | "Firearm" has the meaning ascribed to it in Section 1.1 | 11 | | of the Firearm Owners Identification Card Act. | 12 | | "Qualifying predicate offense" means the following | 13 | | offenses under the Criminal Code of 2012: | 14 | | (A) aggravated unlawful use of a weapon under | 15 | | Section 24-1.6 or a similar provision under the | 16 | | Criminal Code of 1961, when the weapon is a firearm; | 17 | | (B) unlawful use or possession of a weapon by a | 18 | | felon under 24-1.1 or a similar provision under the | 19 | | Criminal Code of 1961, when the
weapon is a firearm; | 20 | | (C) first degree murder under Section 9-1 or a | 21 | | similar provision under the Criminal Code of 1961; | 22 | | (D) attempted first degree murder with a firearm or | 23 | | a similar provision under the Criminal Code of 1961; | 24 | | (E) aggravated kidnapping with a firearm under |
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| 1 | | paragraph (6) or (7) of subsection (a) of Section 10-2 | 2 | | or a similar provision under the Criminal Code of 1961; | 3 | | (F) aggravated battery with a firearm under | 4 | | subsection (e) of Section 12-3.05 or a similar | 5 | | provision under the Criminal Code of 1961; | 6 | | (G) aggravated criminal sexual assault under | 7 | | Section 11-1.30 or a similar provision under the | 8 | | Criminal Code of 1961; | 9 | | (H) predatory criminal sexual assault of a child | 10 | | under Section 11-1.40 or a similar provision under the | 11 | | Criminal Code of 1961; | 12 | | (I) armed robbery under Section 18-2 or a similar | 13 | | provision under the Criminal Code of 1961; | 14 | | (J) vehicular hijacking under Section 18-3 or a | 15 | | similar provision under the Criminal Code of 1961; | 16 | | (K) aggravated vehicular hijacking under Section | 17 | | 18-4 or a similar provision under the Criminal Code of | 18 | | 1961; | 19 | | (L) home invasion with a firearm under paragraph | 20 | | (3), (4), or (5) of subsection (a) of Section 19-6 or a | 21 | | similar provision under the Criminal Code of 1961; | 22 | | (M) aggravated discharge of a firearm under | 23 | | Section 24-1.2 or a similar provision under the | 24 | | Criminal Code of 1961; | 25 | | (N) aggravated discharge of a machine gun or a | 26 | | firearm equipped with a device
designed or used for |
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| 1 | | silencing the report of a firearm under Section | 2 | | 24-1.2-5 or a similar provision under the Criminal Code | 3 | | of 1961; | 4 | | (0) unlawful use of firearm projectiles under | 5 | | Section 24-2.1 or a similar provision under the | 6 | | Criminal Code of 1961; | 7 | | (P) manufacture, sale, or transfer of bullets or | 8 | | shells represented to be armor piercing
bullets, | 9 | | dragon's breath shotgun shells, bolo shells, or | 10 | | flechette shells under Section 24-2.2 or a similar | 11 | | provision under the Criminal Code of 1961; | 12 | | (Q) unlawful sale or delivery of firearms under | 13 | | Section 24-3 or a similar provision under the Criminal | 14 | | Code of 1961; | 15 | | (R) unlawful discharge of firearm projectiles | 16 | | under Section 24-3.2 or a similar provision under the | 17 | | Criminal Code of 1961; | 18 | | (S) unlawful sale or delivery of firearms on school | 19 | | premises of any school under Section 24-3.3 or a | 20 | | similar provision under the Criminal Code of 1961; | 21 | | (T) unlawful purchase of a firearm under Section | 22 | | 24-3.5 or a similar provision under the Criminal Code | 23 | | of 1961; | 24 | | (U) use of a stolen firearm in the commission of an | 25 | | offense under Section 24-3.7 or a similar provision | 26 | | under the Criminal Code of 1961; |
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| 1 | | (V) possession of a stolen firearm under Section | 2 | | 24-3.8 or a similar provision under the Criminal Code | 3 | | of 1961; | 4 | | (W) aggravated possession of a stolen firearm | 5 | | under Section 24-3.9 or a similar provision under the | 6 | | Criminal Code of 1961; | 7 | | (X) gunrunning under Section 24-3A or a similar | 8 | | provision under the Criminal Code of 1961; | 9 | | (Y) defacing identification marks of firearms | 10 | | under Section 24-5 or a similar provision under the | 11 | | Criminal Code of 1961; and | 12 | | (Z) armed violence under Section 33A-2 or a similar | 13 | | provision under the Criminal Code of 1961. | 14 | | (b) APPLICABILITY. On or after the effective date of this | 15 | | amendatory Act of the 99th General Assembly, when a person is | 16 | | convicted of unlawful use or possession of a weapon by a felon, | 17 | | when the weapon is a firearm, or aggravated unlawful use of a | 18 | | weapon, when the weapon is a firearm, after being previously | 19 | | convicted of a qualifying predicate offense the person shall be | 20 | | sentenced as provided in this Section. | 21 | | (c) SENTENCING FOR INDIVIDUALS WITH PRIOR FELONY | 22 | | FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. | 23 | | (1) When a person is convicted of unlawful use or | 24 | | possession of a weapon by a felon, when the weapon is a | 25 | | firearm, and that person has been previously convicted of a | 26 | | qualifying predicate offense, the person shall be |
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| 1 | | sentenced to a term of imprisonment of not less than 7 | 2 | | years and not more than 14 years, unless the court finds | 3 | | that a departure is warranted under subsection (d) of this | 4 | | Section. | 5 | | (2) When a person is convicted of aggravated unlawful | 6 | | use of a weapon, when the weapon is a firearm, and that | 7 | | person has been previously convicted of a qualifying | 8 | | predicate offense, the person shall be sentenced to a term | 9 | | of imprisonment of not less than 6 years and not more than | 10 | | 7 years, or not more than 14 years if extended term | 11 | | sentencing applies, unless the court finds that a departure | 12 | | is warranted under subsection (d) of this Section. | 13 | | (d) DEPARTURE STANDARDS. | 14 | | (1) At the sentencing hearing conducted under Section | 15 | | 5-4-1 of this Code, the court may depart from the
| 16 | | sentencing ranges provided in subsection (c) of this | 17 | | Section and impose a sentence
otherwise authorized by law | 18 | | for the offense if the court, after considering any factor | 19 | | under paragraph (2) of this subsection (d) relevant to the | 20 | | nature and
circumstances of the offense and to the history | 21 | | and character of the defendant, finds on the record
| 22 | | substantial and compelling justification that the sentence | 23 | | would be unduly harsh and
that a sentence otherwise | 24 | | authorized by law would be consistent with public
safety | 25 | | and does not deprecate the seriousness of the offense. | 26 | | (2) In deciding whether to depart from the sentencing |
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| 1 | | ranges provided in subsection (c) of this Section, the | 2 | | court shall
consider: | 3 | | (A) the age, immaturity, or limited mental | 4 | | capacity of the defendant at the time of
commission of | 5 | | the predicate or current offense, including whether | 6 | | the defendant
was suffering from a mental or physical | 7 | | condition insufficient to constitute a
defense but | 8 | | significantly reduced the defendant's culpability; | 9 | | (B) the nature and circumstances of the predicate | 10 | | conviction; | 11 | | (C) the time elapsed since the qualifying | 12 | | predicate offense; | 13 | | (D) the nature and circumstances of the current | 14 | | conviction; | 15 | | (E) the defendant's prior criminal history; | 16 | | (F) whether the defendant committed the predicate | 17 | | or current offense under
specific and credible duress, | 18 | | coercion, threat, or compulsion; | 19 | | (G) whether the defendant aided in the | 20 | | apprehension of another felon or testified
truthfully | 21 | | on behalf of another prosecution of a felony; | 22 | | (H) whether departure is in the interest of the | 23 | | person's rehabilitation taking into account any past | 24 | | rehabilitation efforts and defendant's cooperation or | 25 | | response to the rehabilitation; and | 26 | | (I) whether departure is in the interest of public |
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| 1 | | safety. | 2 | | (3) When departing from the sentencing range under | 3 | | subsection (c) of this Section, the court shall specify on | 4 | | the record, the particular evidence, information, factor | 5 | | or factors, or other reasons that led to the departure from | 6 | | the sentencing ranges provided in subsection (c) of this | 7 | | Section. When departing from the sentencing range in | 8 | | accordance with this subsection (d), the court shall | 9 | | indicate on the sentencing order which departure factor or | 10 | | factors provided in paragraph (2) of this subsection (d) | 11 | | led to the sentence imposed. The sentencing order shall be | 12 | | filed with the clerk of the court and shall be a public | 13 | | record. | 14 | | (730 ILCS 5/5-8-8) | 15 | | (Section scheduled to be repealed on December 31, 2020) | 16 | | Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. | 17 | | (a) Creation. There is created under the jurisdiction of | 18 | | the Governor the Illinois Sentencing Policy Advisory Council, | 19 | | hereinafter referred to as the Council. | 20 | | (b) Purposes and goals. The purpose of the Council is to | 21 | | review sentencing policies and practices and examine how these | 22 | | policies and practices impact the criminal justice system as a | 23 | | whole in the State of Illinois.
In carrying out its duties, the | 24 | | Council shall be mindful of and aim to achieve the purposes of
| 25 | | sentencing in Illinois, which are set out in Section 1-1-2 of |
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| 1 | | this Code: | 2 | | (1) prescribe sanctions proportionate to the | 3 | | seriousness of the offenses and permit the recognition of | 4 | | differences in rehabilitation possibilities among | 5 | | individual offenders; | 6 | | (2) forbid and prevent the commission of offenses; | 7 | | (3) prevent arbitrary or oppressive treatment of | 8 | | persons adjudicated offenders or delinquents; and | 9 | | (4) restore offenders to useful citizenship. | 10 | | (c) Council composition. | 11 | | (1) The Council shall consist of the following members: | 12 | | (A) the President of the Senate, or his or her | 13 | | designee; | 14 | | (B) the Minority Leader of the Senate, or his or | 15 | | her designee; | 16 | | (C) the Speaker of the House, or his or her | 17 | | designee; | 18 | | (D) the Minority Leader of the House, or his or her | 19 | | designee; | 20 | | (E) the Governor, or his or her designee; | 21 | | (F) the Attorney General, or his or her designee; | 22 | | (G) two retired judges, who may have been circuit, | 23 | | appellate, or supreme court judges; retired judges | 24 | | shall be selected by the members of the Council | 25 | | designated in clauses (c)(1)(A) through (L); | 26 | | (G-5) (blank); |
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| 1 | | (H) the Cook County State's Attorney, or his or her | 2 | | designee; | 3 | | (I) the Cook County Public Defender, or his or her | 4 | | designee; | 5 | | (J) a State's Attorney not from Cook County, | 6 | | appointed by the State's Attorney's
Appellate | 7 | | Prosecutor; | 8 | | (K) the State Appellate Defender, or his or her | 9 | | designee; | 10 | | (L) the Director of the Administrative Office of | 11 | | the Illinois Courts, or his or her designee; | 12 | | (M) a victim of a violent felony or a | 13 | | representative of a crime victims' organization,
| 14 | | selected by the members of the Council designated in | 15 | | clauses (c)(1)(A) through (L); | 16 | | (N) a representative of a community-based | 17 | | organization, selected by the members of
the Council | 18 | | designated in clauses (c)(1)(A) through (L); | 19 | | (O) a criminal justice academic researcher, to be | 20 | | selected by the members of the
Council designated in | 21 | | clauses (c)(1)(A) through (L); | 22 | | (P) a representative of law enforcement from a unit | 23 | | of local government to be
selected by the members of | 24 | | the Council designated in clauses (c)(1)(A) through | 25 | | (L); | 26 | | (Q) a sheriff selected by the members of the |
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| 1 | | Council designated in clauses (c)(1)(A) through (L); | 2 | | and | 3 | | (R) ex-officio members shall include: | 4 | | (i) the Director of Corrections, or his or her | 5 | | designee; | 6 | | (ii) the Chair of the Prisoner Review Board, or | 7 | | his or her designee; | 8 | | (iii) the Director of the Illinois State | 9 | | Police, or his or her designee; and | 10 | | (iv) the Director of the Illinois Criminal | 11 | | Justice Information Authority, or his
or her | 12 | | designee. | 13 | | (1.5) The Chair and Vice Chair shall be elected from | 14 | | among its members by a majority of the members of the | 15 | | Council. | 16 | | (2) Members of the Council who serve because of their | 17 | | public office or position, or those who are designated as | 18 | | members by such officials, shall serve only as long as they | 19 | | hold such office or position. | 20 | | (3) Council members shall serve without compensation | 21 | | but shall be reimbursed for travel and per diem expenses | 22 | | incurred in their work for the Council. | 23 | | (4) The Council may exercise any power, perform any | 24 | | function, take any action, or do anything in furtherance of | 25 | | its purposes and goals
upon the appointment of a quorum of | 26 | | its members. The term of office of each member of the |
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| 1 | | Council ends on the date of repeal of this amendatory Act | 2 | | of the 96th General Assembly. | 3 | | (d) Duties. The Council shall perform, as resources permit, | 4 | | duties including: | 5 | | (1) Collect and analyze information including | 6 | | sentencing data, crime trends, and existing correctional | 7 | | resources to support legislative and executive action | 8 | | affecting the use of correctional resources on the State | 9 | | and local levels. | 10 | | (2) Prepare criminal justice population projections | 11 | | annually, including correctional and community-based | 12 | | supervision populations. | 13 | | (3) Analyze data relevant to proposed sentencing | 14 | | legislation and its effect on current policies or | 15 | | practices, and provide information to support | 16 | | evidence-based sentencing. | 17 | | (4) Ensure that adequate resources and facilities are | 18 | | available for carrying out sentences imposed on offenders | 19 | | and that rational priorities are established for the use of | 20 | | those resources. To do so, the Council shall prepare | 21 | | criminal justice resource statements, identifying the | 22 | | fiscal and practical effects of proposed criminal | 23 | | sentencing legislation, including, but not limited to, the | 24 | | correctional population, court processes, and county or | 25 | | local government resources. | 26 | | (4.5) Study and conduct thorough analysis of |
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| 1 | | sentencing under Section 5-4.5-110 of this Code. The | 2 | | Sentencing Policy Advisory Council shall provide annual | 3 | | reports to the Governor and General Assembly, including the | 4 | | total number of persons sentenced under Section 5-4.5-110 | 5 | | of this Code, the total number of departures from sentences | 6 | | under Section 5-4.5-110 of this Code, and an analysis of | 7 | | trends in sentencing and departures. On or before December | 8 | | 31, 2022, the Sentencing Policy Advisory Council shall | 9 | | provide a report to the Governor and General Assembly on | 10 | | the effectiveness of sentencing under Section 5-4.5-110 of | 11 | | this Code, including recommendations on whether sentencing | 12 | | under Section 5-4.5-110 of this Code should be adjusted or | 13 | | continued. | 14 | | (5) Perform such other studies or tasks pertaining to | 15 | | sentencing policies as may be requested by the Governor or | 16 | | the Illinois General Assembly. | 17 | | (6) Perform such other functions as may be required by | 18 | | law or as are necessary to carry out the purposes and goals | 19 | | of the Council prescribed in subsection (b). | 20 | | (7) Publish a report on the trends in sentencing for | 21 | | offenders described in subsection (b-1) of Section 5-4-1 of | 22 | | this Code, the impact of the trends on the prison and | 23 | | probation populations, and any changes in the racial | 24 | | composition of the prison and probation populations that | 25 | | can be attributed to the changes made by adding subsection | 26 | | (b-1) of Section 5-4-1 to this Code by Public Act 99-861 |
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| 1 | | this amendatory Act of the 99th General Assembly . | 2 | | (e) Authority. | 3 | | (1) The Council shall have the power to perform the | 4 | | functions necessary to carry out its duties, purposes and | 5 | | goals under this Act. In so doing, the Council shall | 6 | | utilize information and analysis developed by the Illinois | 7 | | Criminal Justice Information Authority, the Administrative | 8 | | Office of the Illinois Courts, and the Illinois Department | 9 | | of Corrections. | 10 | | (2) Upon request from the Council, each executive | 11 | | agency and department of State and local government shall | 12 | | provide information and records to the Council in the | 13 | | execution of its duties. | 14 | | (f) Report. The Council shall report in writing annually to | 15 | | the General Assembly, the Illinois Supreme Court, and the | 16 | | Governor. | 17 | | (g) This Section is repealed on December 31, 2020.
| 18 | | (Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15; | 19 | | 99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)".
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