Full Text of SB0233 100th General Assembly
SB0233sam001 100TH GENERAL ASSEMBLY | Sen. Patricia Van Pelt Filed: 4/20/2017
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| 1 | | AMENDMENT TO SENATE BILL 233
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 233 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Gun | 5 | | Violence Reduction Act . | 6 | | Section 5. Legislative findings. | 7 | | (a) The General Assembly finds that some communities of | 8 | | this State are ravaged by violence and that a substantial and | 9 | | disproportionate amount of serious crimes are committed by | 10 | | persons who unlawfully possess firearms. The General Assembly | 11 | | finds that this State's unusually long mandatory prison | 12 | | sentences for gun possession and gun violence have failed to | 13 | | adequately protect public safety and that more aggressive and | 14 | | tailored approaches to address these behaviors are required. | 15 | | (b) It is the intent of the General Assembly to promote in | 16 | | every community public safety, public health, criminal |
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| 1 | | justice, and regulatory systems capable of reducing the illegal | 2 | | trade, possession, and public carrying of illegal firearms, as | 3 | | well as enabling victims suffering injuries from firearms to | 4 | | seek redress against negligent businesses and insufficient | 5 | | regulatory actions that widen public safety disparities | 6 | | between citizens of this State. | 7 | | (c) To carry out this intent, the General Assembly declares | 8 | | the following purposes of this Act: | 9 | | (1) to protect communities from gun violence through | 10 | | targeted intervention programs, including improving family | 11 | | violence prevention, community trauma treatment rates, gun | 12 | | injury victim services, and public health prevention | 13 | | activities; | 14 | | (2) to substantially reduce both the total amount of | 15 | | gun violence in this State and its | 16 | | racially-disproportionate impact; | 17 | | (3) to intervene with persons who violate gun | 18 | | possession laws in a risk-responsive manner that decreases | 19 | | the likelihood of any future violent incidents and equips | 20 | | those who have previously violated gun laws to live | 21 | | responsibly and safely; | 22 | | (4) to shrink illegal firearm markets and transfers by | 23 | | reducing both supply and demand for weapons, particularly | 24 | | handguns, outside of lawful purposes; and | 25 | | (5) to promote employment infrastructure in community | 26 | | areas with the highest concentrations of gun violence. |
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| 1 | | (d) The ability of children, teenagers, and young adults to | 2 | | participate freely in education, employment, and civic life | 3 | | without any exposure to illegal weapons or gun violence, | 4 | | facilitating their safe and stable future prospects, shall be | 5 | | the central purpose of any initiatives included in this Act. | 6 | | Section 10. Definitions. In this Act: | 7 | | "Carrier" means a motor carrier or rail carrier that | 8 | | transports property through this State other than a private | 9 | | carrier. | 10 | | "Firearm" has the meaning ascribed to the term in Section | 11 | | 1.1 of the Firearm Owners Identification Card Act. | 12 | | "SAFE Zones" means a Safety and Full Employment Zone as | 13 | | designated under Section 7.3 of the Illinois Criminal Justice | 14 | | Information Authority Act. | 15 | | Section 15. Priority of funding for gun violence | 16 | | initiatives. | 17 | | (a) The Department of Human Services, the Department of | 18 | | Public Health, the State Board of Education, the Department of | 19 | | Juvenile Justice, the Department of Commerce and Economic | 20 | | Opportunity, the Department of Healthcare and Family Services | 21 | | and any other relevant State agency shall, in conjunction with | 22 | | other public or private funding sources, prioritize funding | 23 | | for: | 24 | | (1) family violence prevention services and positive |
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| 1 | | parenting support; | 2 | | (2) intervention programs that are designed to | 3 | | immediately prevent and intervene in gun violence; | 4 | | (3) improved community trauma treatment; | 5 | | (4) expanded firearm injury victim services, including | 6 | | activities aimed at trauma recovery and violence | 7 | | prevention and social services, including job connections | 8 | | or other resources to reduce risk factors; | 9 | | (5) studies concerning the nature and prevalence of | 10 | | illegal firearm carrying, independent of law enforcement | 11 | | contact, to help identify the scale of illegal firearm | 12 | | possession in this State and determine risk and protective | 13 | | factors for violence among illegal possessors; and | 14 | | (6) professional development for human service and | 15 | | community-based programs in family violence prevention, | 16 | | community violence prevention, and trauma recovery. | 17 | | (b) All services provided should use restorative, | 18 | | evidence-informed methodologies such as practices identified | 19 | | by the National Child Traumatic Stress Network, the Centers for | 20 | | Disease Control's Youth Violence Prevention Strategies, or | 21 | | other similar resources. | 22 | | (c) Public health approaches for violence prevention | 23 | | should be taken statewide, but be significantly elevated for | 24 | | support and services given to youth residing in SAFE Zones. | 25 | | Section 20. Population-based distribution. On and after |
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| 1 | | January 1, 2018, population calculations for State and local | 2 | | reimbursed share of State income, sales, and federal | 3 | | population-based distributed funds shall be based on zip codes | 4 | | of origin for incarcerated persons. SAFE Zones shall be | 5 | | prioritized for all State reimbursement and formula | 6 | | distributions. | 7 | | Section 25. Carrier transportation of firearms or firearm | 8 | | ammunition; civil action. | 9 | | (a) A carrier operating in this State transporting firearms | 10 | | shall notify the Department of State Police if a shipment or | 11 | | standing cargo containing firearms remains at rest for 12 hours | 12 | | or more. | 13 | | (b) A carrier operating in this State transporting firearms | 14 | | shall report a trespassing incident, a travel obstruction, or | 15 | | theft of firearms to local law enforcement. A carrier operating | 16 | | in this State transporting firearms shall maintain a log of | 17 | | trespassing incidents, travel obstructions, or theft and make | 18 | | the log available upon request to a law enforcement officer or | 19 | | law enforcement agency. | 20 | | (c) An injured person, or in the case of his or her death | 21 | | his or her next of kin, may bring a civil against a carrier who | 22 | | negligently fails to secure a shipment or standing cargo | 23 | | containing firearms if that negligence is the proximate cause | 24 | | of an injury or death to the person injured. Evidence of | 25 | | negligence include, but is not limited to, insecure fencing or |
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| 1 | | other insecure locking mechanisms, insufficient security | 2 | | cameras or other electronic monitoring of the area, | 3 | | insufficient security personnel, or other insufficient | 4 | | security measures. | 5 | | Section 125. The Illinois Criminal Justice Information Act | 6 | | is amended by adding Section 7.3 as follows: | 7 | | (20 ILCS 3930/7.3 new) | 8 | | Sec. 7.3. Safety and full employment zones. The Authority | 9 | | shall annually define and make available to the public an | 10 | | analysis of concentrated geographic areas, at the census tract | 11 | | level if possible, of extremely high levels of firearm violence | 12 | | and destabilization within this State. The criteria used to | 13 | | designate these areas shall include public health data | 14 | | concerning gunshot hospitalizations and the mortality rate per | 15 | | capita, and the per capita rate of parole or mandatory | 16 | | supervised release following incarceration in the Department | 17 | | of Corrections. The Authority shall define Safety and Full | 18 | | Employment (SAFE) Zones and reassess the boundaries to include | 19 | | other geographic areas on a regular basis as deemed necessary. | 20 | | SAFE Zones shall be used to: | 21 | | (1) prioritize the support of the Department of | 22 | | Commerce and Economic Opportunity to focus on first source | 23 | | referral, local hire, and apprenticeship expansion | 24 | | programs; |
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| 1 | | (2) prioritize projects by the Capital Development | 2 | | Board; | 3 | | (3) prioritize funding for the State Board of | 4 | | Education; | 5 | | (4) prioritize residents for recruitment and hiring in | 6 | | State, regional, and local government; | 7 | | (5) prioritize businesses that employ persons in the | 8 | | Department of Central Management Services procurement | 9 | | process; | 10 | | (6) distribute funds for child care, early childhood | 11 | | education, afterschool programming, and employment | 12 | | programs for resident youth, further prioritizing agencies | 13 | | whose services are provided within SAFE Zones; | 14 | | (7) engage in public-private partnerships to support | 15 | | targeted job programs for resident young adults, including | 16 | | young adults with felony records; and | 17 | | (8) prioritize for State agencies to assist local | 18 | | jurisdictions with funding to provide community resource | 19 | | centers, counseling, and recreational opportunities | 20 | | located within the boundaries of SAFE Zones and primarily | 21 | | serving residents of SAFE Zones. | 22 | | Section 130. The Criminal Code of 2012 is amended by | 23 | | changing Sections 24-1, 24-1.1, 24-1.6, and 24-1.8 as follows:
| 24 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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| 1 | | Sec. 24-1. Unlawful use of weapons.
| 2 | | (a) A person commits the offense of unlawful use of weapons | 3 | | when
he knowingly:
| 4 | | (1) Sells, manufactures, purchases, possesses or | 5 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 6 | | sand-bag, metal knuckles or other knuckle weapon | 7 | | regardless of its composition, throwing star,
or any knife, | 8 | | commonly referred to as a switchblade knife, which has a
| 9 | | blade that opens automatically by hand pressure applied to | 10 | | a button,
spring or other device in the handle of the | 11 | | knife, or a ballistic knife,
which is a device that propels | 12 | | a knifelike blade as a projectile by means
of a coil | 13 | | spring, elastic material or compressed gas; or
| 14 | | (2) Carries or possesses with intent to use the same | 15 | | unlawfully
against another, a dagger, dirk, billy, | 16 | | dangerous knife, razor,
stiletto, broken bottle or other | 17 | | piece of glass, stun gun or taser or
any other dangerous or | 18 | | deadly weapon or instrument of like character; or
| 19 | | (3) Carries on or about his person or in any vehicle, a | 20 | | tear gas gun
projector or bomb or any object containing | 21 | | noxious liquid gas or
substance, other than an object | 22 | | containing a non-lethal noxious liquid gas
or substance | 23 | | designed solely for personal defense carried by a person 18
| 24 | | years of age or older; or
| 25 | | (4) Carries or possesses in any vehicle or concealed on | 26 | | or about his
person except when on his land or in his own |
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| 1 | | abode, legal dwelling, or fixed place of
business, or on | 2 | | the land or in the legal dwelling of another person as an | 3 | | invitee with that person's permission, any pistol, | 4 | | revolver, stun gun or taser or other firearm, except
that
| 5 | | this subsection (a) (4) does not apply to or affect | 6 | | transportation of weapons
that meet one of the following | 7 | | conditions:
| 8 | | (i) are broken down in a non-functioning state; or
| 9 | | (ii) are not immediately accessible; or
| 10 | | (iii) are unloaded and enclosed in a case, firearm | 11 | | carrying box,
shipping box, or other container by a | 12 | | person who has been issued a currently
valid Firearm | 13 | | Owner's
Identification Card; or | 14 | | (iv) are carried or possessed in accordance with | 15 | | the Firearm Concealed Carry Act by a person who has | 16 | | been issued a currently valid license under the Firearm | 17 | | Concealed Carry Act; or
| 18 | | (5) Sets a spring gun; or
| 19 | | (6) Possesses any device or attachment of any kind | 20 | | designed, used or
intended for use in silencing the report | 21 | | of any firearm; or
| 22 | | (7) Sells, manufactures, purchases, possesses or | 23 | | carries:
| 24 | | (i) a machine gun, which shall be defined for the | 25 | | purposes of this
subsection as any weapon,
which | 26 | | shoots, is designed to shoot, or can be readily |
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| 1 | | restored to shoot,
automatically more than one shot | 2 | | without manually reloading by a single
function of the | 3 | | trigger, including the frame or receiver
of any such | 4 | | weapon, or sells, manufactures, purchases, possesses, | 5 | | or
carries any combination of parts designed or | 6 | | intended for
use in converting any weapon into a | 7 | | machine gun, or any combination or
parts from which a | 8 | | machine gun can be assembled if such parts are in the
| 9 | | possession or under the control of a person;
| 10 | | (ii) any rifle having one or
more barrels less than | 11 | | 16 inches in length or a shotgun having one or more
| 12 | | barrels less than 18 inches in length or any weapon | 13 | | made from a rifle or
shotgun, whether by alteration, | 14 | | modification, or otherwise, if such a weapon
as | 15 | | modified has an overall length of less than 26 inches; | 16 | | or
| 17 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 18 | | other container containing an
explosive substance of | 19 | | over one-quarter ounce for like purposes, such
as, but | 20 | | not limited to, black powder bombs and Molotov | 21 | | cocktails or
artillery projectiles; or
| 22 | | (8) Carries or possesses any firearm, stun gun or taser | 23 | | or other
deadly weapon in any place which is licensed to | 24 | | sell intoxicating
beverages, or at any public gathering | 25 | | held pursuant to a license issued
by any governmental body | 26 | | or any public gathering at which an admission
is charged, |
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| 1 | | excluding a place where a showing, demonstration or lecture
| 2 | | involving the exhibition of unloaded firearms is | 3 | | conducted.
| 4 | | This subsection (a)(8) does not apply to any auction or | 5 | | raffle of a firearm
held pursuant to
a license or permit | 6 | | issued by a governmental body, nor does it apply to persons
| 7 | | engaged
in firearm safety training courses; or
| 8 | | (9) Carries or possesses in a vehicle or on or about | 9 | | his person any
pistol, revolver, stun gun or taser or | 10 | | firearm or ballistic knife, when
he is hooded, robed or | 11 | | masked in such manner as to conceal his identity; or
| 12 | | (10) Carries or possesses on or about his person, upon | 13 | | any public street,
alley, or other public lands within the | 14 | | corporate limits of a city, village
or incorporated town, | 15 | | except when an invitee thereon or therein, for the
purpose | 16 | | of the display of such weapon or the lawful commerce in | 17 | | weapons, or
except when on his land or in his own abode, | 18 | | legal dwelling, or fixed place of business, or on the land | 19 | | or in the legal dwelling of another person as an invitee | 20 | | with that person's permission, any
pistol, revolver, stun | 21 | | gun or taser or other firearm, except that this
subsection | 22 | | (a) (10) does not apply to or affect transportation of | 23 | | weapons that
meet one of the following conditions:
| 24 | | (i) are broken down in a non-functioning state; or
| 25 | | (ii) are not immediately accessible; or
| 26 | | (iii) are unloaded and enclosed in a case, firearm |
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| 1 | | carrying box,
shipping box, or other container by a | 2 | | person who has been issued a currently
valid Firearm | 3 | | Owner's
Identification Card; or
| 4 | | (iv) are carried or possessed in accordance with | 5 | | the Firearm Concealed Carry Act by a person who has | 6 | | been issued a currently valid license under the Firearm | 7 | | Concealed Carry Act. | 8 | | A "stun gun or taser", as used in this paragraph (a) | 9 | | means (i) any device
which is powered by electrical | 10 | | charging units, such as, batteries, and
which fires one or | 11 | | several barbs attached to a length of wire and
which, upon | 12 | | hitting a human, can send out a current capable of | 13 | | disrupting
the person's nervous system in such a manner as | 14 | | to render him incapable of
normal functioning or (ii) any | 15 | | device which is powered by electrical
charging units, such | 16 | | as batteries, and which, upon contact with a human or
| 17 | | clothing worn by a human, can send out current capable of | 18 | | disrupting
the person's nervous system in such a manner as | 19 | | to render him incapable
of normal functioning; or
| 20 | | (11) Sells, manufactures or purchases any explosive | 21 | | bullet. For purposes
of this paragraph (a) "explosive | 22 | | bullet" means the projectile portion of
an ammunition | 23 | | cartridge which contains or carries an explosive charge | 24 | | which
will explode upon contact with the flesh of a human | 25 | | or an animal.
"Cartridge" means a tubular metal case having | 26 | | a projectile affixed at the
front thereof and a cap or |
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| 1 | | primer at the rear end thereof, with the
propellant | 2 | | contained in such tube between the projectile and the cap; | 3 | | or
| 4 | | (12) (Blank); or
| 5 | | (13) Carries or possesses on or about his or her person | 6 | | while in a building occupied by a unit of government, a | 7 | | billy club, other weapon of like character, or other | 8 | | instrument of like character intended for use as a weapon. | 9 | | For the purposes of this Section, "billy club" means a | 10 | | short stick or club commonly carried by police officers | 11 | | which is either telescopic or constructed of a solid piece | 12 | | of wood or other man-made material. | 13 | | (b) Sentence. A person convicted of a violation of | 14 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 15 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 16 | | Class A
misdemeanor.
A person convicted of a violation of | 17 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 18 | | person
convicted of a violation of subsection 24-1(a)(6) or | 19 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 20 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 21 | | Class 2 felony and , except as provided in subsection (t) of | 22 | | Section 5-6-1 of the Unified Code of Corrections, shall be | 23 | | sentenced to a term of imprisonment of not less than 3 years | 24 | | and not more than 7 years, unless the weapon is possessed in | 25 | | the
passenger compartment of a motor vehicle as defined in | 26 | | Section 1-146 of the
Illinois Vehicle Code, or on the person, |
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| 1 | | while the weapon is loaded, in which
case it shall be a Class X | 2 | | felony. A person convicted of a
second or subsequent violation | 3 | | of subsection 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
| 4 | | 24-1(a)(10) commits a Class 3 felony. The possession of each | 5 | | weapon in violation of this Section constitutes a single and | 6 | | separate violation.
| 7 | | (c) Violations in specific places.
| 8 | | (1) A person who violates subsection 24-1(a)(6) or | 9 | | 24-1(a)(7) in any
school, regardless of the time of day or | 10 | | the time of year, in residential
property owned, operated | 11 | | or managed by a public housing agency or
leased by
a public | 12 | | housing agency as part of a scattered site or mixed-income
| 13 | | development, in a
public park, in a courthouse, on the real | 14 | | property comprising any school,
regardless of the
time of | 15 | | day or the time of year, on residential property owned, | 16 | | operated
or
managed by a public housing agency
or leased by | 17 | | a public housing agency as part of a scattered site or
| 18 | | mixed-income development,
on the real property comprising | 19 | | any
public park, on the real property comprising any | 20 | | courthouse, in any conveyance
owned, leased or contracted | 21 | | by a school to
transport students to or from school or a | 22 | | school related activity, in any conveyance
owned, leased, | 23 | | or contracted by a public transportation agency, or on any
| 24 | | public way within 1,000 feet of the real property | 25 | | comprising any school,
public park, courthouse, public | 26 | | transportation facility, or residential property owned, |
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| 1 | | operated, or managed
by a public housing agency
or leased | 2 | | by a public housing agency as part of a scattered site or
| 3 | | mixed-income development
commits a Class 2 felony and , | 4 | | except as provided in subsection (t) of Section 5-6-1 of | 5 | | the Unified Code of Corrections, shall be sentenced to a | 6 | | term of imprisonment of not less than 3 years and not more | 7 | | than 7 years.
| 8 | | (1.5) A person who violates subsection 24-1(a)(4), | 9 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 10 | | time of day or the time of year,
in residential property | 11 | | owned, operated, or managed by a public
housing
agency
or | 12 | | leased by a public housing agency as part of a scattered | 13 | | site or
mixed-income development,
in
a public
park, in a | 14 | | courthouse, on the real property comprising any school, | 15 | | regardless
of the time of day or the time of year, on | 16 | | residential property owned,
operated, or managed by a | 17 | | public housing agency
or leased by a public housing agency | 18 | | as part of a scattered site or
mixed-income development,
on | 19 | | the real property
comprising any public park, on the real | 20 | | property comprising any courthouse, in
any conveyance | 21 | | owned, leased, or contracted by a school to transport | 22 | | students
to or from school or a school related activity, in | 23 | | any conveyance
owned, leased, or contracted by a public | 24 | | transportation agency, or on any public way within
1,000 | 25 | | feet of the real property comprising any school, public | 26 | | park, courthouse,
public transportation facility, or |
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| 1 | | residential property owned, operated, or managed by a | 2 | | public
housing agency
or leased by a public housing agency | 3 | | as part of a scattered site or
mixed-income development
| 4 | | commits a Class 3 felony.
| 5 | | (2) A person who violates subsection 24-1(a)(1), | 6 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 7 | | time of day or the time of year, in
residential property | 8 | | owned, operated or managed by a public housing
agency
or | 9 | | leased by a public housing agency as part of a scattered | 10 | | site or
mixed-income development,
in
a public park, in a | 11 | | courthouse, on the real property comprising any school,
| 12 | | regardless of the time of day or the time of year, on | 13 | | residential property
owned, operated or managed by a public | 14 | | housing agency
or leased by a public housing agency as part | 15 | | of a scattered site or
mixed-income development,
on the | 16 | | real property
comprising any public park, on the real | 17 | | property comprising any courthouse, in
any conveyance | 18 | | owned, leased or contracted by a school to transport | 19 | | students
to or from school or a school related activity, in | 20 | | any conveyance
owned, leased, or contracted by a public | 21 | | transportation agency, or on any public way within
1,000 | 22 | | feet of the real property comprising any school, public | 23 | | park, courthouse,
public transportation facility, or | 24 | | residential property owned, operated, or managed by a | 25 | | public
housing agency or leased by a public housing agency | 26 | | as part of a scattered
site or mixed-income development |
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| 1 | | commits a Class 4 felony. "Courthouse"
means any building | 2 | | that is used by the Circuit, Appellate, or Supreme Court of
| 3 | | this State for the conduct of official business.
| 4 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 5 | | (c) shall not
apply to law
enforcement officers or security | 6 | | officers of such school, college, or
university or to | 7 | | students carrying or possessing firearms for use in | 8 | | training
courses, parades, hunting, target shooting on | 9 | | school ranges, or otherwise with
the consent of school | 10 | | authorities and which firearms are transported unloaded
| 11 | | enclosed in a suitable case, box, or transportation | 12 | | package.
| 13 | | (4) For the purposes of this subsection (c), "school" | 14 | | means any public or
private elementary or secondary school, | 15 | | community college, college, or
university.
| 16 | | (5) For the purposes of this subsection (c), "public | 17 | | transportation agency" means a public or private agency | 18 | | that provides for the transportation or conveyance of
| 19 | | persons by means available to the general public, except | 20 | | for transportation
by automobiles not used for conveyance | 21 | | of the general public as passengers; and "public | 22 | | transportation facility" means a terminal or other place
| 23 | | where one may obtain public transportation.
| 24 | | (d) The presence in an automobile other than a public | 25 | | omnibus of any
weapon, instrument or substance referred to in | 26 | | subsection (a)(7) is
prima facie evidence that it is in the |
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| 1 | | possession of, and is being
carried by, all persons occupying | 2 | | such automobile at the time such
weapon, instrument or | 3 | | substance is found, except under the following
circumstances: | 4 | | (i) if such weapon, instrument or instrumentality is
found upon | 5 | | the person of one of the occupants therein; or (ii) if such
| 6 | | weapon, instrument or substance is found in an automobile | 7 | | operated for
hire by a duly licensed driver in the due, lawful | 8 | | and proper pursuit of
his trade, then such presumption shall | 9 | | not apply to the driver.
| 10 | | (e) Exemptions. Crossbows, Common or Compound bows and | 11 | | Underwater
Spearguns are exempted from the definition of | 12 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 13 | | of this Section.
| 14 | | (Source: P.A. 99-29, eff. 7-10-15.)
| 15 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 16 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | 17 | | Felons or
Persons in the Custody of the
Department of | 18 | | Corrections Facilities. | 19 | | (a) It is unlawful
for a person to knowingly possess on or | 20 | | about his person or on his land or
in his own abode or fixed | 21 | | place of business any weapon prohibited under
Section 24-1 of | 22 | | this Act or any firearm or any firearm ammunition if the
person | 23 | | has been convicted of a felony under the laws of this State or | 24 | | any
other jurisdiction. This Section shall not apply if the | 25 | | person has been
granted relief by the Director of the |
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| 1 | | Department of State Police
under Section 10 of the Firearm | 2 | | Owners Identification
Card Act.
| 3 | | (b) It is unlawful for any person confined in a penal | 4 | | institution,
which is a facility of the Illinois Department of | 5 | | Corrections, to possess
any weapon prohibited under Section | 6 | | 24-1 of this Code or any firearm or
firearm ammunition, | 7 | | regardless of the intent with which he possesses it.
| 8 | | (c) It shall be an affirmative defense to a violation of | 9 | | subsection (b), that such possession was specifically | 10 | | authorized by rule,
regulation, or directive of the Illinois | 11 | | Department of Corrections or order
issued pursuant thereto.
| 12 | | (d) The defense of necessity is not available to a person | 13 | | who is charged
with a violation of subsection (b) of this | 14 | | Section.
| 15 | | (e) Sentence. Violation of this Section by a person not | 16 | | confined
in a penal institution shall be a Class 3 felony
for | 17 | | which the person shall be sentenced , except as provided in | 18 | | subsection (t) of Section 5-6-1 of the Unified Code of | 19 | | Corrections, to no less than 2 years and no
more than 10 years | 20 | | and any second or subsequent violation shall be a Class 2 | 21 | | felony for which the person shall be sentenced to a term of | 22 | | imprisonment of not less than 3 years and not more than 14 | 23 | | years. Violation of this Section by a person not confined in a
| 24 | | penal institution who has been convicted of a forcible felony, | 25 | | a felony
violation of Article 24 of this Code or of the Firearm | 26 | | Owners Identification
Card Act, stalking or aggravated |
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| 1 | | stalking, or a Class 2 or greater felony
under the Illinois | 2 | | Controlled Substances Act, the Cannabis Control Act, or the | 3 | | Methamphetamine Control and Community Protection Act is a
Class | 4 | | 2 felony for which the person
shall be sentenced , except as | 5 | | provided in subsection (t) of Section 5-6-1 of the Unified Code | 6 | | of Corrections, to not less than 3 years and not more than 14 | 7 | | years.
Violation of this Section by a person who is on parole | 8 | | or mandatory supervised
release is a Class 2 felony for which | 9 | | the person shall be sentenced , except as provided in subsection | 10 | | (t) of Section 5-6-1 of the Unified Code of Corrections, to not | 11 | | less than 3 years and not more than 14
years. Violation of this | 12 | | Section by a person not confined in a penal
institution is a | 13 | | Class X felony when the firearm possessed is a machine gun.
Any | 14 | | person who violates this Section while confined in a penal
| 15 | | institution, which is a facility of the Illinois Department of
| 16 | | Corrections, is guilty of a Class 1
felony, if he possesses any | 17 | | weapon prohibited under Section 24-1 of this
Code regardless of | 18 | | the intent with which he possesses it, a Class X
felony if he | 19 | | possesses any firearm, firearm ammunition or explosive, and a
| 20 | | Class X felony for which the offender shall be sentenced to not | 21 | | less than 12
years and not more than 50 years when the firearm | 22 | | possessed is a machine
gun. A violation of this Section while | 23 | | wearing or in possession of body armor as defined in Section | 24 | | 33F-1 is a Class X felony punishable by a term of imprisonment | 25 | | of not less than 10 years and not more than 40 years.
The | 26 | | possession of each firearm or firearm ammunition in violation |
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| 1 | | of this Section constitutes a single and separate violation.
| 2 | | (Source: P.A. 97-237, eff. 1-1-12.)
| 3 | | (720 ILCS 5/24-1.6) | 4 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 5 | | (a) A person commits the offense of aggravated unlawful use | 6 | | of a weapon when
he or she knowingly: | 7 | | (1) Carries on or about his or her person or in any | 8 | | vehicle or concealed
on or about his or her person except | 9 | | when on his or her land or in his or her
abode, legal | 10 | | dwelling, or fixed place of business, or on the land or in | 11 | | the legal dwelling of another person as an invitee with | 12 | | that person's permission, any pistol, revolver, stun gun or | 13 | | taser or
other firearm; or | 14 | | (2) Carries or possesses on or about his or her person, | 15 | | upon any public
street, alley, or other public lands within | 16 | | the corporate limits of a city,
village or incorporated | 17 | | town, except when an invitee thereon or therein, for
the | 18 | | purpose of the display of such weapon or the lawful | 19 | | commerce in weapons, or
except when on his or her own land | 20 | | or in his or her own abode, legal dwelling, or fixed place | 21 | | of
business, or on the land or in the legal dwelling of | 22 | | another person as an invitee with that person's permission, | 23 | | any pistol, revolver, stun gun or taser or other firearm; | 24 | | and | 25 | | (3) One of the following factors is present: |
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| 1 | | (A) the firearm, other than a pistol, revolver, or | 2 | | handgun, possessed was uncased, loaded, and | 3 | | immediately accessible
at the time of the offense; or | 4 | | (A-5) the pistol, revolver, or handgun possessed | 5 | | was uncased, loaded, and immediately accessible
at the | 6 | | time of the offense and the person possessing the | 7 | | pistol, revolver, or handgun has not been issued a | 8 | | currently valid license under the Firearm Concealed | 9 | | Carry Act; or | 10 | | (B) the firearm, other than a pistol, revolver, or | 11 | | handgun, possessed was uncased, unloaded, and the | 12 | | ammunition for
the weapon was immediately accessible | 13 | | at the time of the offense; or | 14 | | (B-5) the pistol, revolver, or handgun possessed | 15 | | was uncased, unloaded, and the ammunition for
the | 16 | | weapon was immediately accessible at the time of the | 17 | | offense and the person possessing the pistol, | 18 | | revolver, or handgun has not been issued a currently | 19 | | valid license under the Firearm Concealed Carry Act; or | 20 | | (C) the person possessing the firearm has not been | 21 | | issued a currently
valid Firearm Owner's | 22 | | Identification Card; or | 23 | | (D) the person possessing the weapon was | 24 | | previously adjudicated
a delinquent minor under the | 25 | | Juvenile Court Act of 1987 for an act that if
committed | 26 | | by an adult would be a felony; or |
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| 1 | | (E) the person possessing the weapon was engaged in | 2 | | a misdemeanor
violation of the Cannabis
Control Act, in | 3 | | a misdemeanor violation of the Illinois Controlled | 4 | | Substances
Act, or in a misdemeanor violation of the | 5 | | Methamphetamine Control and Community Protection Act; | 6 | | or | 7 | | (F) (blank); or | 8 | | (G) the person possessing the weapon had an a order | 9 | | of protection issued
against him or her within the | 10 | | previous 2 years; or | 11 | | (H) the person possessing the weapon was engaged in | 12 | | the commission or
attempted commission of
a | 13 | | misdemeanor involving the use or threat of violence | 14 | | against
the person or property of another; or | 15 | | (I) the person possessing the weapon was under 21 | 16 | | years of age and in
possession of a handgun, unless the | 17 | | person under 21
is engaged in lawful activities under | 18 | | the Wildlife Code or described in
subsection | 19 | | 24-2(b)(1), (b)(3), or 24-2(f). | 20 | | (a-5) "Handgun" as used in this Section has the meaning | 21 | | given to it in Section 5 of the Firearm Concealed Carry Act. | 22 | | (b) "Stun gun or taser" as used in this Section has the | 23 | | same definition
given to it in Section 24-1 of this Code. | 24 | | (c) This Section does not apply to or affect the | 25 | | transportation or
possession
of weapons that: | 26 | | (i) are broken down in a non-functioning state; or |
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| 1 | | (ii) are not immediately accessible; or | 2 | | (iii) are unloaded and enclosed in a case, firearm | 3 | | carrying box,
shipping box, or other container by a person | 4 | | who has been issued a currently
valid Firearm Owner's
| 5 | | Identification Card. | 6 | | (d) Sentence. | 7 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 8 | | felony;
a second or subsequent offense is a Class 2 felony | 9 | | for which the person shall be sentenced to a term of | 10 | | imprisonment of not less than 3 years and not more than 7 | 11 | | years. | 12 | | (2) Except as otherwise provided in paragraphs (3) and | 13 | | (4) of this subsection (d), a first offense of aggravated | 14 | | unlawful use of a weapon committed with a firearm by a | 15 | | person 18 years of age or older where the factors listed in | 16 | | both items (A) and (C) or both items (A-5) and (C) of | 17 | | paragraph (3) of subsection (a) are present is a Class 4 | 18 | | felony, for which the person shall be sentenced , except as | 19 | | provided in subsection (t) of Section 5-6-1 of the Unified | 20 | | Code of Corrections, to a term of imprisonment of not less | 21 | | than one year and not more than 3 years. | 22 | | (3) Aggravated unlawful use of
a weapon by a person who | 23 | | has been previously
convicted of a felony in this State or | 24 | | another jurisdiction is a Class 2
felony for which the | 25 | | person shall be sentenced , except as provided in subsection | 26 | | (t) of Section 5-6-1 of the Unified Code of Corrections, to |
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| 1 | | a term of imprisonment of not less than 3 years and not | 2 | | more than 7 years. | 3 | | (4) Aggravated unlawful use of a weapon while wearing | 4 | | or in possession of body armor as defined in Section 33F-1 | 5 | | by a person who has not been issued a valid Firearms | 6 | | Owner's Identification Card in accordance with Section 5 of | 7 | | the Firearm Owners Identification Card Act is a Class X | 8 | | felony.
| 9 | | (e) The possession of each firearm in violation of this | 10 | | Section constitutes a single and separate violation. | 11 | | (Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.) | 12 | | (720 ILCS 5/24-1.8) | 13 | | Sec. 24-1.8. Unlawful possession of a firearm by a street | 14 | | gang member. | 15 | | (a) A person
commits unlawful possession of a firearm by a | 16 | | street gang member when he or she knowingly: | 17 | | (1) possesses, carries, or conceals on or about his or | 18 | | her person a firearm and firearm ammunition while on any | 19 | | street, road, alley, gangway, sidewalk, or any other lands, | 20 | | except when inside his or her own abode or inside his or | 21 | | her fixed place of business, and has not been issued a | 22 | | currently valid Firearm Owner's Identification Card and is | 23 | | a member of a street gang; or | 24 | | (2) possesses or carries in any vehicle a firearm and | 25 | | firearm ammunition which are both immediately accessible |
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| 1 | | at the time of the offense while on any street, road, | 2 | | alley, or any other lands, except when inside his or her | 3 | | own abode or garage, and has not been issued a currently | 4 | | valid Firearm Owner's Identification Card and is a member | 5 | | of a street gang. | 6 | | (b) Unlawful possession of a firearm by a street gang | 7 | | member is a Class 2 felony for which the person, if sentenced | 8 | | to a term of imprisonment, shall be sentenced to no less than 3 | 9 | | years and no more than 10 years. Except as provided in | 10 | | subsection (t) of Section 5-6-1 of the Unified Code of | 11 | | Corrections, a A period of probation, a term of periodic | 12 | | imprisonment or conditional discharge shall not be imposed for | 13 | | the offense of unlawful possession of a firearm by a street | 14 | | gang member when the firearm was loaded or contained firearm | 15 | | ammunition and the court shall sentence the offender to not | 16 | | less than the minimum term of imprisonment authorized for the | 17 | | Class 2 felony. | 18 | | (c) For purposes of this Section: | 19 | | "Street gang" or "gang" has the meaning ascribed to it | 20 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus | 21 | | Prevention Act. | 22 | | "Street gang member" or "gang member" has the meaning | 23 | | ascribed to it in Section 10 of the Illinois Streetgang | 24 | | Terrorism Omnibus Prevention Act.
| 25 | | (Source: P.A. 96-829, eff. 12-3-09.) |
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| 1 | | Section 135. The Unified Code of Corrections is amended by | 2 | | changing Section 5-5-3 and 5-6-1 and adding Section 5-6-3.3-5 | 3 | | as follows:
| 4 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 5 | | (Text of Section before amendment by P.A. 99-938 )
| 6 | | Sec. 5-5-3. Disposition.
| 7 | | (a) (Blank).
| 8 | | (b) (Blank).
| 9 | | (c) (1) (Blank).
| 10 | | (2) A period of probation, a term of periodic imprisonment | 11 | | or
conditional discharge shall not be imposed for the following | 12 | | offenses.
The court shall sentence the offender to not less | 13 | | than the minimum term
of imprisonment set forth in this Code | 14 | | for the following offenses, and
may order a fine or restitution | 15 | | or both in conjunction with such term of
imprisonment:
| 16 | | (A) First degree murder where the death penalty is not | 17 | | imposed.
| 18 | | (B) Attempted first degree murder.
| 19 | | (C) A Class X felony.
| 20 | | (D) A violation of Section 401.1 or 407 of the
Illinois | 21 | | Controlled Substances Act, or a violation of subdivision | 22 | | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | 23 | | to more than 5 grams of a substance
containing cocaine, | 24 | | fentanyl, or an analog thereof.
| 25 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
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| 1 | | of the Illinois Controlled Substances Act which relates to | 2 | | 3 or more grams of a substance
containing heroin or an | 3 | | analog thereof. | 4 | | (E) A violation of Section 5.1 or 9 of the Cannabis | 5 | | Control
Act.
| 6 | | (F) A Class 2 or greater felony if the offender had | 7 | | been convicted
of a Class 2 or greater felony, including | 8 | | any state or federal conviction for an offense that | 9 | | contained, at the time it was committed, the same elements | 10 | | as an offense now (the date of the offense committed after | 11 | | the prior Class 2 or greater felony) classified as a Class | 12 | | 2 or greater felony, within 10 years of the date on which | 13 | | the
offender
committed the offense for which he or she is | 14 | | being sentenced, except as
otherwise provided in Section | 15 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | 16 | | Act.
| 17 | | (F-5) Except as provided in subsection (t) of Section | 18 | | 5-6-1 of the Unified Code of Corrections, a A violation of | 19 | | Section 24-1, 24-1.1, or 24-1.6 of the Criminal Code of | 20 | | 1961 or the Criminal Code of 2012 for which imprisonment is | 21 | | prescribed in those Sections. | 22 | | (G) Residential burglary, except as otherwise provided | 23 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and | 24 | | Dependency Act.
| 25 | | (H) Criminal sexual assault.
| 26 | | (I) Aggravated battery of a senior citizen as described |
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| 1 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | 2 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 3 | | (J) A forcible felony if the offense was related to the | 4 | | activities of an
organized gang.
| 5 | | Before July 1, 1994, for the purposes of this | 6 | | paragraph, "organized
gang" means an association of 5 or | 7 | | more persons, with an established hierarchy,
that | 8 | | encourages members of the association to perpetrate crimes | 9 | | or provides
support to the members of the association who | 10 | | do commit crimes.
| 11 | | Beginning July 1, 1994, for the purposes of this | 12 | | paragraph,
"organized gang" has the meaning ascribed to it | 13 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 14 | | Prevention Act.
| 15 | | (K) Vehicular hijacking.
| 16 | | (L) A second or subsequent conviction for the offense | 17 | | of hate crime
when the underlying offense upon which the | 18 | | hate crime is based is felony
aggravated
assault or felony | 19 | | mob action.
| 20 | | (M) A second or subsequent conviction for the offense | 21 | | of institutional
vandalism if the damage to the property | 22 | | exceeds $300.
| 23 | | (N) A Class 3 felony violation of paragraph (1) of | 24 | | subsection (a) of
Section 2 of the Firearm Owners | 25 | | Identification Card Act.
| 26 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 2 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 3 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | 4 | | Code of 1961 or the Criminal Code of 2012.
| 5 | | (Q) A violation of subsection (b) or (b-5) of Section | 6 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 7 | | Code of
1961 or the Criminal Code of 2012.
| 8 | | (R) A violation of Section 24-3A of the Criminal Code | 9 | | of
1961 or the Criminal Code of 2012.
| 10 | | (S) (Blank).
| 11 | | (T) A second or subsequent violation of the | 12 | | Methamphetamine Control and Community Protection Act.
| 13 | | (U) A second or subsequent violation of Section 6-303 | 14 | | of the Illinois Vehicle Code committed while his or her | 15 | | driver's license, permit, or privilege was revoked because | 16 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 17 | | or the Criminal Code of 2012, relating to the offense of | 18 | | reckless homicide, or a similar provision of a law of | 19 | | another state.
| 20 | | (V)
A violation of paragraph (4) of subsection (c) of | 21 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 22 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 23 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 24 | | Code of 2012 when the victim is under 13 years of age and | 25 | | the defendant has previously been convicted under the laws | 26 | | of this State or any other state of the offense of child |
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| 1 | | pornography, aggravated child pornography, aggravated | 2 | | criminal sexual abuse, aggravated criminal sexual assault, | 3 | | predatory criminal sexual assault of a child, or any of the | 4 | | offenses formerly known as rape, deviate sexual assault, | 5 | | indecent liberties with a child, or aggravated indecent | 6 | | liberties with a child where the victim was under the age | 7 | | of 18 years or an offense that is substantially equivalent | 8 | | to those offenses. | 9 | | (W) A violation of Section 24-3.5 of the Criminal Code | 10 | | of 1961 or the Criminal Code of 2012.
| 11 | | (X) A violation of subsection (a) of Section 31-1a of | 12 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 13 | | (Y) A conviction for unlawful possession of a firearm | 14 | | by a street gang member when the firearm was loaded or | 15 | | contained firearm ammunition. | 16 | | (Z) A Class 1 felony committed while he or she was | 17 | | serving a term of probation or conditional discharge for a | 18 | | felony. | 19 | | (AA) Theft of property exceeding $500,000 and not | 20 | | exceeding $1,000,000 in value. | 21 | | (BB) Laundering of criminally derived property of a | 22 | | value exceeding
$500,000. | 23 | | (CC) Knowingly selling, offering for sale, holding for | 24 | | sale, or using 2,000 or more counterfeit items or | 25 | | counterfeit items having a retail value in the aggregate of | 26 | | $500,000 or more. |
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| 1 | | (DD) A conviction for aggravated assault under | 2 | | paragraph (6) of subsection (c) of Section 12-2 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 4 | | firearm is aimed toward the person against whom the firearm | 5 | | is being used. | 6 | | (EE) A conviction for a violation of paragraph (2) of | 7 | | subsection (a) of Section 24-3B of the Criminal Code of | 8 | | 2012. | 9 | | (3) (Blank).
| 10 | | (4) A minimum term of imprisonment of not less than 10
| 11 | | consecutive days or 30 days of community service shall be | 12 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 13 | | the Illinois Vehicle Code.
| 14 | | (4.1) (Blank).
| 15 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 16 | | this subsection (c), a
minimum of
100 hours of community | 17 | | service shall be imposed for a second violation of
Section | 18 | | 6-303
of the Illinois Vehicle Code.
| 19 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 20 | | hours of community
service, as determined by the court, shall
| 21 | | be imposed for a second violation of subsection (c) of Section | 22 | | 6-303 of the
Illinois Vehicle Code.
| 23 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 24 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 25 | | 30 days or 300 hours of community service, as
determined by the | 26 | | court, shall
be imposed
for a third or subsequent violation of |
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| 1 | | Section 6-303 of the Illinois Vehicle
Code.
| 2 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 3 | | imposed for a third violation of subsection (c) of
Section | 4 | | 6-303 of the Illinois Vehicle Code.
| 5 | | (4.6) Except as provided in paragraph (4.10) of this | 6 | | subsection (c), a minimum term of imprisonment of 180 days | 7 | | shall be imposed for a
fourth or subsequent violation of | 8 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 9 | | (4.7) A minimum term of imprisonment of not less than 30 | 10 | | consecutive days, or 300 hours of community service, shall be | 11 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 12 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 13 | | that Section.
| 14 | | (4.8) A mandatory prison sentence shall be imposed for a | 15 | | second violation of subsection (a-5) of Section 6-303 of the | 16 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 17 | | Section. The person's driving privileges shall be revoked for a | 18 | | period of not less than 5 years from the date of his or her | 19 | | release from prison.
| 20 | | (4.9) A mandatory prison sentence of not less than 4 and | 21 | | not more than 15 years shall be imposed for a third violation | 22 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 23 | | Code, as provided in subsection (d-2.5) of that Section. The | 24 | | person's driving privileges shall be revoked for the remainder | 25 | | of his or her life.
| 26 | | (4.10) A mandatory prison sentence for a Class 1 felony |
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| 1 | | shall be imposed, and the person shall be eligible for an | 2 | | extended term sentence, for a fourth or subsequent violation of | 3 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 4 | | as provided in subsection (d-3.5) of that Section. The person's | 5 | | driving privileges shall be revoked for the remainder of his or | 6 | | her life.
| 7 | | (5) The court may sentence a corporation or unincorporated
| 8 | | association convicted of any offense to:
| 9 | | (A) a period of conditional discharge;
| 10 | | (B) a fine;
| 11 | | (C) make restitution to the victim under Section 5-5-6 | 12 | | of this Code.
| 13 | | (5.1) In addition to any other penalties imposed, and | 14 | | except as provided in paragraph (5.2) or (5.3), a person
| 15 | | convicted of violating subsection (c) of Section 11-907 of the | 16 | | Illinois
Vehicle Code shall have his or her driver's license, | 17 | | permit, or privileges
suspended for at least 90 days but not | 18 | | more than one year, if the violation
resulted in damage to the | 19 | | property of another person.
| 20 | | (5.2) In addition to any other penalties imposed, and | 21 | | except as provided in paragraph (5.3), a person convicted
of | 22 | | violating subsection (c) of Section 11-907 of the Illinois | 23 | | Vehicle Code
shall have his or her driver's license, permit, or | 24 | | privileges suspended for at
least 180 days but not more than 2 | 25 | | years, if the violation resulted in injury
to
another person.
| 26 | | (5.3) In addition to any other penalties imposed, a person |
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| 1 | | convicted of violating subsection (c) of Section
11-907 of the | 2 | | Illinois Vehicle Code shall have his or her driver's license,
| 3 | | permit, or privileges suspended for 2 years, if the violation | 4 | | resulted in the
death of another person.
| 5 | | (5.4) In addition to any other penalties imposed, a person | 6 | | convicted of violating Section 3-707 of the Illinois Vehicle | 7 | | Code shall have his or her driver's license, permit, or | 8 | | privileges suspended for 3 months and until he or she has paid | 9 | | a reinstatement fee of $100. | 10 | | (5.5) In addition to any other penalties imposed, a person | 11 | | convicted of violating Section 3-707 of the Illinois Vehicle | 12 | | Code during a period in which his or her driver's license, | 13 | | permit, or privileges were suspended for a previous violation | 14 | | of that Section shall have his or her driver's license, permit, | 15 | | or privileges suspended for an additional 6 months after the | 16 | | expiration of the original 3-month suspension and until he or | 17 | | she has paid a reinstatement fee of $100.
| 18 | | (6) (Blank).
| 19 | | (7) (Blank).
| 20 | | (8) (Blank).
| 21 | | (9) A defendant convicted of a second or subsequent offense | 22 | | of ritualized
abuse of a child may be sentenced to a term of | 23 | | natural life imprisonment.
| 24 | | (10) (Blank).
| 25 | | (11) The court shall impose a minimum fine of $1,000 for a | 26 | | first offense
and $2,000 for a second or subsequent offense |
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| 1 | | upon a person convicted of or
placed on supervision for battery | 2 | | when the individual harmed was a sports
official or coach at | 3 | | any level of competition and the act causing harm to the
sports
| 4 | | official or coach occurred within an athletic facility or | 5 | | within the immediate vicinity
of the athletic facility at which | 6 | | the sports official or coach was an active
participant
of the | 7 | | athletic contest held at the athletic facility. For the | 8 | | purposes of
this paragraph (11), "sports official" means a | 9 | | person at an athletic contest
who enforces the rules of the | 10 | | contest, such as an umpire or referee; "athletic facility" | 11 | | means an indoor or outdoor playing field or recreational area | 12 | | where sports activities are conducted;
and "coach" means a | 13 | | person recognized as a coach by the sanctioning
authority that | 14 | | conducted the sporting event. | 15 | | (12) A person may not receive a disposition of court | 16 | | supervision for a
violation of Section 5-16 of the Boat | 17 | | Registration and Safety Act if that
person has previously | 18 | | received a disposition of court supervision for a
violation of | 19 | | that Section.
| 20 | | (13) A person convicted of or placed on court supervision | 21 | | for an assault or aggravated assault when the victim and the | 22 | | offender are family or household members as defined in Section | 23 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 24 | | of domestic battery or aggravated domestic battery may be | 25 | | required to attend a Partner Abuse Intervention Program under | 26 | | protocols set forth by the Illinois Department of Human |
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| 1 | | Services under such terms and conditions imposed by the court. | 2 | | The costs of such classes shall be paid by the offender.
| 3 | | (d) In any case in which a sentence originally imposed is | 4 | | vacated,
the case shall be remanded to the trial court. The | 5 | | trial court shall
hold a hearing under Section 5-4-1 of the | 6 | | Unified Code of Corrections
which may include evidence of the | 7 | | defendant's life, moral character and
occupation during the | 8 | | time since the original sentence was passed. The
trial court | 9 | | shall then impose sentence upon the defendant. The trial
court | 10 | | may impose any sentence which could have been imposed at the
| 11 | | original trial subject to Section 5-5-4 of the Unified Code of | 12 | | Corrections.
If a sentence is vacated on appeal or on | 13 | | collateral attack due to the
failure of the trier of fact at | 14 | | trial to determine beyond a reasonable doubt
the
existence of a | 15 | | fact (other than a prior conviction) necessary to increase the
| 16 | | punishment for the offense beyond the statutory maximum | 17 | | otherwise applicable,
either the defendant may be re-sentenced | 18 | | to a term within the range otherwise
provided or, if the State | 19 | | files notice of its intention to again seek the
extended | 20 | | sentence, the defendant shall be afforded a new trial.
| 21 | | (e) In cases where prosecution for
aggravated criminal | 22 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 23 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 24 | | of a defendant
who was a family member of the victim at the | 25 | | time of the commission of the
offense, the court shall consider | 26 | | the safety and welfare of the victim and
may impose a sentence |
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| 1 | | of probation only where:
| 2 | | (1) the court finds (A) or (B) or both are appropriate:
| 3 | | (A) the defendant is willing to undergo a court | 4 | | approved counseling
program for a minimum duration of 2 | 5 | | years; or
| 6 | | (B) the defendant is willing to participate in a | 7 | | court approved plan
including but not limited to the | 8 | | defendant's:
| 9 | | (i) removal from the household;
| 10 | | (ii) restricted contact with the victim;
| 11 | | (iii) continued financial support of the | 12 | | family;
| 13 | | (iv) restitution for harm done to the victim; | 14 | | and
| 15 | | (v) compliance with any other measures that | 16 | | the court may
deem appropriate; and
| 17 | | (2) the court orders the defendant to pay for the | 18 | | victim's counseling
services, to the extent that the court | 19 | | finds, after considering the
defendant's income and | 20 | | assets, that the defendant is financially capable of
paying | 21 | | for such services, if the victim was under 18 years of age | 22 | | at the
time the offense was committed and requires | 23 | | counseling as a result of the
offense.
| 24 | | Probation may be revoked or modified pursuant to Section | 25 | | 5-6-4; except
where the court determines at the hearing that | 26 | | the defendant violated a
condition of his or her probation |
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| 1 | | restricting contact with the victim or
other family members or | 2 | | commits another offense with the victim or other
family | 3 | | members, the court shall revoke the defendant's probation and
| 4 | | impose a term of imprisonment.
| 5 | | For the purposes of this Section, "family member" and | 6 | | "victim" shall have
the meanings ascribed to them in Section | 7 | | 11-0.1 of the Criminal Code of
2012.
| 8 | | (f) (Blank).
| 9 | | (g) Whenever a defendant is convicted of an offense under | 10 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 11 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 12 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 13 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 14 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012,
the defendant shall undergo medical | 16 | | testing to
determine whether the defendant has any sexually | 17 | | transmissible disease,
including a test for infection with | 18 | | human immunodeficiency virus (HIV) or
any other identified | 19 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 20 | | Any such medical test shall be performed only by appropriately
| 21 | | licensed medical practitioners and may include an analysis of | 22 | | any bodily
fluids as well as an examination of the defendant's | 23 | | person.
Except as otherwise provided by law, the results of | 24 | | such test shall be kept
strictly confidential by all medical | 25 | | personnel involved in the testing and must
be personally | 26 | | delivered in a sealed envelope to the judge of the court in |
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| 1 | | which
the conviction was entered for the judge's inspection in | 2 | | camera. Acting in
accordance with the best interests of the | 3 | | victim and the public, the judge
shall have the discretion to | 4 | | determine to whom, if anyone, the results of the
testing may be | 5 | | revealed. The court shall notify the defendant
of the test | 6 | | results. The court shall
also notify the victim if requested by | 7 | | the victim, and if the victim is under
the age of 15 and if | 8 | | requested by the victim's parents or legal guardian, the
court | 9 | | shall notify the victim's parents or legal guardian of the test
| 10 | | results.
The court shall provide information on the | 11 | | availability of HIV testing
and counseling at Department of | 12 | | Public Health facilities to all parties to
whom the results of | 13 | | the testing are revealed and shall direct the State's
Attorney | 14 | | to provide the information to the victim when possible.
A | 15 | | State's Attorney may petition the court to obtain the results | 16 | | of any HIV test
administered under this Section, and the court | 17 | | shall grant the disclosure if
the State's Attorney shows it is | 18 | | relevant in order to prosecute a charge of
criminal | 19 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 21 | | defendant. The court shall order that the cost of any such test
| 22 | | shall be paid by the county and may be taxed as costs against | 23 | | the convicted
defendant.
| 24 | | (g-5) When an inmate is tested for an airborne communicable | 25 | | disease, as
determined by the Illinois Department of Public | 26 | | Health including but not
limited to tuberculosis, the results |
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| 1 | | of the test shall be
personally delivered by the warden or his | 2 | | or her designee in a sealed envelope
to the judge of the court | 3 | | in which the inmate must appear for the judge's
inspection in | 4 | | camera if requested by the judge. Acting in accordance with the
| 5 | | best interests of those in the courtroom, the judge shall have | 6 | | the discretion
to determine what if any precautions need to be | 7 | | taken to prevent transmission
of the disease in the courtroom.
| 8 | | (h) Whenever a defendant is convicted of an offense under | 9 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 10 | | defendant shall undergo
medical testing to determine whether | 11 | | the defendant has been exposed to human
immunodeficiency virus | 12 | | (HIV) or any other identified causative agent of
acquired | 13 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 14 | | by
law, the results of such test shall be kept strictly | 15 | | confidential by all
medical personnel involved in the testing | 16 | | and must be personally delivered in a
sealed envelope to the | 17 | | judge of the court in which the conviction was entered
for the | 18 | | judge's inspection in camera. Acting in accordance with the | 19 | | best
interests of the public, the judge shall have the | 20 | | discretion to determine to
whom, if anyone, the results of the | 21 | | testing may be revealed. The court shall
notify the defendant | 22 | | of a positive test showing an infection with the human
| 23 | | immunodeficiency virus (HIV). The court shall provide | 24 | | information on the
availability of HIV testing and counseling | 25 | | at Department of Public Health
facilities to all parties to | 26 | | whom the results of the testing are revealed and
shall direct |
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| 1 | | the State's Attorney to provide the information to the victim | 2 | | when
possible. A State's Attorney may petition the court to | 3 | | obtain the results of
any HIV test administered under this | 4 | | Section, and the court shall grant the
disclosure if the | 5 | | State's Attorney shows it is relevant in order to prosecute a
| 6 | | charge of criminal transmission of HIV under Section 12-5.01 or | 7 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 8 | | 2012 against the defendant. The court shall order that the cost | 9 | | of any
such test shall be paid by the county and may be taxed as | 10 | | costs against the
convicted defendant.
| 11 | | (i) All fines and penalties imposed under this Section for | 12 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 13 | | Vehicle Code, or a similar
provision of a local ordinance, and | 14 | | any violation
of the Child Passenger Protection Act, or a | 15 | | similar provision of a local
ordinance, shall be collected and | 16 | | disbursed by the circuit
clerk as provided under Section 27.5 | 17 | | of the Clerks of Courts Act.
| 18 | | (j) In cases when prosecution for any violation of Section | 19 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 20 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 21 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 22 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 23 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 24 | | Code of 2012, any violation of the Illinois Controlled | 25 | | Substances Act,
any violation of the Cannabis Control Act, or | 26 | | any violation of the Methamphetamine Control and Community |
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| 1 | | Protection Act results in conviction, a
disposition of court | 2 | | supervision, or an order of probation granted under
Section 10 | 3 | | of the Cannabis Control Act, Section 410 of the Illinois
| 4 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 5 | | Control and Community Protection Act of a defendant, the court | 6 | | shall determine whether the
defendant is employed by a facility | 7 | | or center as defined under the Child Care
Act of 1969, a public | 8 | | or private elementary or secondary school, or otherwise
works | 9 | | with children under 18 years of age on a daily basis. When a | 10 | | defendant
is so employed, the court shall order the Clerk of | 11 | | the Court to send a copy of
the judgment of conviction or order | 12 | | of supervision or probation to the
defendant's employer by | 13 | | certified mail.
If the employer of the defendant is a school, | 14 | | the Clerk of the Court shall
direct the mailing of a copy of | 15 | | the judgment of conviction or order of
supervision or probation | 16 | | to the appropriate regional superintendent of schools.
The | 17 | | regional superintendent of schools shall notify the State Board | 18 | | of
Education of any notification under this subsection.
| 19 | | (j-5) A defendant at least 17 years of age who is convicted | 20 | | of a felony and
who has not been previously convicted of a | 21 | | misdemeanor or felony and who is
sentenced to a term of | 22 | | imprisonment in the Illinois Department of Corrections
shall as | 23 | | a condition of his or her sentence be required by the court to | 24 | | attend
educational courses designed to prepare the defendant | 25 | | for a high school diploma
and to work toward a high school | 26 | | diploma or to work toward passing high school equivalency |
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| 1 | | testing or to work toward
completing a vocational training | 2 | | program offered by the Department of
Corrections. If a | 3 | | defendant fails to complete the educational training
required | 4 | | by his or her sentence during the term of incarceration, the | 5 | | Prisoner
Review Board shall, as a condition of mandatory | 6 | | supervised release, require the
defendant, at his or her own | 7 | | expense, to pursue a course of study toward a high
school | 8 | | diploma or passage of high school equivalency testing. The | 9 | | Prisoner Review Board shall
revoke the mandatory supervised | 10 | | release of a defendant who wilfully fails to
comply with this | 11 | | subsection (j-5) upon his or her release from confinement in a
| 12 | | penal institution while serving a mandatory supervised release | 13 | | term; however,
the inability of the defendant after making a | 14 | | good faith effort to obtain
financial aid or pay for the | 15 | | educational training shall not be deemed a wilful
failure to | 16 | | comply. The Prisoner Review Board shall recommit the defendant
| 17 | | whose mandatory supervised release term has been revoked under | 18 | | this subsection
(j-5) as provided in Section 3-3-9. This | 19 | | subsection (j-5) does not apply to a
defendant who has a high | 20 | | school diploma or has successfully passed high school | 21 | | equivalency testing. This subsection (j-5) does not apply to a | 22 | | defendant who is determined by
the court to be a person with a | 23 | | developmental disability or otherwise mentally incapable of
| 24 | | completing the educational or vocational program.
| 25 | | (k) (Blank).
| 26 | | (l) (A) Except as provided
in paragraph (C) of subsection |
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| 1 | | (l), whenever a defendant,
who is an alien as defined by the | 2 | | Immigration and Nationality Act, is convicted
of any felony or | 3 | | misdemeanor offense, the court after sentencing the defendant
| 4 | | may, upon motion of the State's Attorney, hold sentence in | 5 | | abeyance and remand
the defendant to the custody of the | 6 | | Attorney General of
the United States or his or her designated | 7 | | agent to be deported when:
| 8 | | (1) a final order of deportation has been issued | 9 | | against the defendant
pursuant to proceedings under the | 10 | | Immigration and Nationality Act, and
| 11 | | (2) the deportation of the defendant would not | 12 | | deprecate the seriousness
of the defendant's conduct and | 13 | | would not be inconsistent with the ends of
justice.
| 14 | | Otherwise, the defendant shall be sentenced as provided in | 15 | | this Chapter V.
| 16 | | (B) If the defendant has already been sentenced for a | 17 | | felony or
misdemeanor
offense, or has been placed on probation | 18 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 19 | | the Illinois Controlled Substances Act, or Section 70 of the | 20 | | Methamphetamine Control and Community Protection Act, the | 21 | | court
may, upon motion of the State's Attorney to suspend the
| 22 | | sentence imposed, commit the defendant to the custody of the | 23 | | Attorney General
of the United States or his or her designated | 24 | | agent when:
| 25 | | (1) a final order of deportation has been issued | 26 | | against the defendant
pursuant to proceedings under the |
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| 1 | | Immigration and Nationality Act, and
| 2 | | (2) the deportation of the defendant would not | 3 | | deprecate the seriousness
of the defendant's conduct and | 4 | | would not be inconsistent with the ends of
justice.
| 5 | | (C) This subsection (l) does not apply to offenders who are | 6 | | subject to the
provisions of paragraph (2) of subsection (a) of | 7 | | Section 3-6-3.
| 8 | | (D) Upon motion of the State's Attorney, if a defendant | 9 | | sentenced under
this Section returns to the jurisdiction of the | 10 | | United States, the defendant
shall be recommitted to the | 11 | | custody of the county from which he or she was
sentenced.
| 12 | | Thereafter, the defendant shall be brought before the | 13 | | sentencing court, which
may impose any sentence that was | 14 | | available under Section 5-5-3 at the time of
initial | 15 | | sentencing. In addition, the defendant shall not be eligible | 16 | | for
additional sentence credit for good conduct as provided | 17 | | under
Section 3-6-3.
| 18 | | (m) A person convicted of criminal defacement of property | 19 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012, in which the property damage exceeds | 21 | | $300
and the property damaged is a school building, shall be | 22 | | ordered to perform
community service that may include cleanup, | 23 | | removal, or painting over the
defacement.
| 24 | | (n) The court may sentence a person convicted of a | 25 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 26 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
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| 1 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 2 | | incarceration program if the person is otherwise eligible for | 3 | | that program
under Section 5-8-1.1, (ii) to community service, | 4 | | or (iii) if the person is an
addict or alcoholic, as defined in | 5 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | 6 | | substance or alcohol abuse program licensed under that
Act. | 7 | | (o) Whenever a person is convicted of a sex offense as | 8 | | defined in Section 2 of the Sex Offender Registration Act, the | 9 | | defendant's driver's license or permit shall be subject to | 10 | | renewal on an annual basis in accordance with the provisions of | 11 | | license renewal established by the Secretary of State.
| 12 | | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | 13 | | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
| 14 | | (Text of Section after amendment by P.A. 99-938 ) | 15 | | Sec. 5-5-3. Disposition.
| 16 | | (a) (Blank).
| 17 | | (b) (Blank).
| 18 | | (c) (1) (Blank).
| 19 | | (2) A period of probation, a term of periodic imprisonment | 20 | | or
conditional discharge shall not be imposed for the following | 21 | | offenses.
The court shall sentence the offender to not less | 22 | | than the minimum term
of imprisonment set forth in this Code | 23 | | for the following offenses, and
may order a fine or restitution | 24 | | or both in conjunction with such term of
imprisonment:
| 25 | | (A) First degree murder where the death penalty is not |
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| 1 | | imposed.
| 2 | | (B) Attempted first degree murder.
| 3 | | (C) A Class X felony.
| 4 | | (D) A violation of Section 401.1 or 407 of the
Illinois | 5 | | Controlled Substances Act, or a violation of subdivision | 6 | | (c)(1.5) of
Section 401 of that Act which relates to more | 7 | | than 5 grams of a substance
containing fentanyl or an | 8 | | analog thereof.
| 9 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 10 | | of the Illinois Controlled Substances Act which relates to | 11 | | 3 or more grams of a substance
containing heroin or an | 12 | | analog thereof. | 13 | | (E) (Blank).
| 14 | | (F) A Class 1 or greater felony if the offender had | 15 | | been convicted
of a Class 1 or greater felony, including | 16 | | any state or federal conviction for an offense that | 17 | | contained, at the time it was committed, the same elements | 18 | | as an offense now (the date of the offense committed after | 19 | | the prior Class 1 or greater felony) classified as a Class | 20 | | 1 or greater felony, within 10 years of the date on which | 21 | | the
offender
committed the offense for which he or she is | 22 | | being sentenced, except as
otherwise provided in Section | 23 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | 24 | | Act.
| 25 | | (F-3) A Class 2 or greater felony sex offense or felony | 26 | | firearm offense if the offender had been convicted of a |
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| 1 | | Class 2 or greater felony, including any state or federal | 2 | | conviction for an offense that contained, at the time it | 3 | | was committed, the same elements as an offense now (the | 4 | | date of the offense committed after the prior Class 2 or | 5 | | greater felony) classified as a Class 2 or greater felony, | 6 | | within 10 years of the date on which the offender committed | 7 | | the offense for which he or she is being sentenced, except | 8 | | as otherwise provided in Section 40-10 of the Alcoholism | 9 | | and Other Drug Abuse and Dependency Act. | 10 | | (F-5) Except as provided in subsection (t) of Section | 11 | | 5-6-1 of the Unified Code of Corrections, a A violation of | 12 | | Section 24-1, 24-1.1, or 24-1.6 of the Criminal Code of | 13 | | 1961 or the Criminal Code of 2012 for which imprisonment is | 14 | | prescribed in those Sections. | 15 | | (G) Residential burglary, except as otherwise provided | 16 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and | 17 | | Dependency Act.
| 18 | | (H) Criminal sexual assault.
| 19 | | (I) Aggravated battery of a senior citizen as described | 20 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | 21 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 22 | | (J) A forcible felony if the offense was related to the | 23 | | activities of an
organized gang.
| 24 | | Before July 1, 1994, for the purposes of this | 25 | | paragraph, "organized
gang" means an association of 5 or | 26 | | more persons, with an established hierarchy,
that |
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| 1 | | encourages members of the association to perpetrate crimes | 2 | | or provides
support to the members of the association who | 3 | | do commit crimes.
| 4 | | Beginning July 1, 1994, for the purposes of this | 5 | | paragraph,
"organized gang" has the meaning ascribed to it | 6 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 7 | | Prevention Act.
| 8 | | (K) Vehicular hijacking.
| 9 | | (L) A second or subsequent conviction for the offense | 10 | | of hate crime
when the underlying offense upon which the | 11 | | hate crime is based is felony
aggravated
assault or felony | 12 | | mob action.
| 13 | | (M) A second or subsequent conviction for the offense | 14 | | of institutional
vandalism if the damage to the property | 15 | | exceeds $300.
| 16 | | (N) A Class 3 felony violation of paragraph (1) of | 17 | | subsection (a) of
Section 2 of the Firearm Owners | 18 | | Identification Card Act.
| 19 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 21 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 22 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | 23 | | Code of 1961 or the Criminal Code of 2012.
| 24 | | (Q) A violation of subsection (b) or (b-5) of Section | 25 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 26 | | Code of
1961 or the Criminal Code of 2012.
|
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| 1 | | (R) A violation of Section 24-3A of the Criminal Code | 2 | | of
1961 or the Criminal Code of 2012.
| 3 | | (S) (Blank).
| 4 | | (T) (Blank).
| 5 | | (U) A second or subsequent violation of Section 6-303 | 6 | | of the Illinois Vehicle Code committed while his or her | 7 | | driver's license, permit, or privilege was revoked because | 8 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 9 | | or the Criminal Code of 2012, relating to the offense of | 10 | | reckless homicide, or a similar provision of a law of | 11 | | another state.
| 12 | | (V)
A violation of paragraph (4) of subsection (c) of | 13 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 14 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 15 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 16 | | Code of 2012 when the victim is under 13 years of age and | 17 | | the defendant has previously been convicted under the laws | 18 | | of this State or any other state of the offense of child | 19 | | pornography, aggravated child pornography, aggravated | 20 | | criminal sexual abuse, aggravated criminal sexual assault, | 21 | | predatory criminal sexual assault of a child, or any of the | 22 | | offenses formerly known as rape, deviate sexual assault, | 23 | | indecent liberties with a child, or aggravated indecent | 24 | | liberties with a child where the victim was under the age | 25 | | of 18 years or an offense that is substantially equivalent | 26 | | to those offenses. |
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| 1 | | (W) A violation of Section 24-3.5 of the Criminal Code | 2 | | of 1961 or the Criminal Code of 2012.
| 3 | | (X) A violation of subsection (a) of Section 31-1a of | 4 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 5 | | (Y) A conviction for unlawful possession of a firearm | 6 | | by a street gang member when the firearm was loaded or | 7 | | contained firearm ammunition. | 8 | | (Z) A Class 1 felony committed while he or she was | 9 | | serving a term of probation or conditional discharge for a | 10 | | 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 a | 14 | | value exceeding
$500,000. | 15 | | (CC) Knowingly selling, offering for sale, holding for | 16 | | sale, or using 2,000 or more counterfeit items or | 17 | | counterfeit items having a retail value in the aggregate of | 18 | | $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 the | 22 | | firearm is aimed toward the person against whom the firearm | 23 | | is being used. | 24 | | (EE) A conviction for a violation of paragraph (2) of | 25 | | subsection (a) of Section 24-3B of the Criminal Code of | 26 | | 2012. |
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| 1 | | (3) (Blank).
| 2 | | (4) A minimum term of imprisonment of not less than 10
| 3 | | consecutive days or 30 days of community service shall be | 4 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 5 | | the Illinois Vehicle Code.
| 6 | | (4.1) (Blank).
| 7 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 8 | | this subsection (c), a
minimum of
100 hours of community | 9 | | service shall be imposed for a second violation of
Section | 10 | | 6-303
of the Illinois Vehicle Code.
| 11 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 12 | | hours of community
service, as determined by the court, shall
| 13 | | be imposed for a second violation of subsection (c) of Section | 14 | | 6-303 of the
Illinois Vehicle Code.
| 15 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 16 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 17 | | 30 days or 300 hours of community service, as
determined by the | 18 | | court, shall
be imposed
for a third or subsequent violation of | 19 | | Section 6-303 of the Illinois Vehicle
Code.
| 20 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 21 | | imposed for a third violation of subsection (c) of
Section | 22 | | 6-303 of the Illinois Vehicle Code.
| 23 | | (4.6) Except as provided in paragraph (4.10) of this | 24 | | subsection (c), a minimum term of imprisonment of 180 days | 25 | | shall be imposed for a
fourth or subsequent violation of | 26 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
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| 1 | | (4.7) A minimum term of imprisonment of not less than 30 | 2 | | consecutive days, or 300 hours of community service, shall be | 3 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 4 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 5 | | that Section.
| 6 | | (4.8) A mandatory prison sentence shall be imposed for a | 7 | | second violation of subsection (a-5) of Section 6-303 of the | 8 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 9 | | Section. The person's driving privileges shall be revoked for a | 10 | | period of not less than 5 years from the date of his or her | 11 | | release from prison.
| 12 | | (4.9) A mandatory prison sentence of not less than 4 and | 13 | | not more than 15 years shall be imposed for a third violation | 14 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 15 | | Code, as provided in subsection (d-2.5) of that Section. The | 16 | | person's driving privileges shall be revoked for the remainder | 17 | | of his or her life.
| 18 | | (4.10) A mandatory prison sentence for a Class 1 felony | 19 | | shall be imposed, and the person shall be eligible for an | 20 | | extended term sentence, for a fourth or subsequent violation of | 21 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 22 | | as provided in subsection (d-3.5) of that Section. The person's | 23 | | driving privileges shall be revoked for the remainder of his or | 24 | | her life.
| 25 | | (5) The court may sentence a corporation or unincorporated
| 26 | | association convicted of any offense to:
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| 1 | | (A) a period of conditional discharge;
| 2 | | (B) a fine;
| 3 | | (C) make restitution to the victim under Section 5-5-6 | 4 | | of this Code.
| 5 | | (5.1) In addition to any other penalties imposed, and | 6 | | except as provided in paragraph (5.2) or (5.3), a person
| 7 | | convicted of violating subsection (c) of Section 11-907 of the | 8 | | Illinois
Vehicle Code shall have his or her driver's license, | 9 | | permit, or privileges
suspended for at least 90 days but not | 10 | | more than one year, if the violation
resulted in damage to the | 11 | | property of another person.
| 12 | | (5.2) In addition to any other penalties imposed, and | 13 | | except as provided in paragraph (5.3), a person convicted
of | 14 | | violating subsection (c) of Section 11-907 of the Illinois | 15 | | Vehicle Code
shall have his or her driver's license, permit, or | 16 | | privileges suspended for at
least 180 days but not more than 2 | 17 | | years, if the violation resulted in injury
to
another person.
| 18 | | (5.3) In addition to any other penalties imposed, a person | 19 | | convicted of violating subsection (c) of Section
11-907 of the | 20 | | Illinois Vehicle Code shall have his or her driver's license,
| 21 | | permit, or privileges suspended for 2 years, if the violation | 22 | | resulted in the
death of another person.
| 23 | | (5.4) In addition to any other penalties imposed, a person | 24 | | convicted of violating Section 3-707 of the Illinois Vehicle | 25 | | Code shall have his or her driver's license, permit, or | 26 | | privileges suspended for 3 months and until he or she has paid |
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| 1 | | a reinstatement fee of $100. | 2 | | (5.5) In addition to any other penalties imposed, a person | 3 | | convicted of violating Section 3-707 of the Illinois Vehicle | 4 | | Code during a period in which his or her driver's license, | 5 | | permit, or privileges were suspended for a previous violation | 6 | | of that Section shall have his or her driver's license, permit, | 7 | | or privileges suspended for an additional 6 months after the | 8 | | expiration of the original 3-month suspension and until he or | 9 | | she has paid a reinstatement fee of $100.
| 10 | | (6) (Blank).
| 11 | | (7) (Blank).
| 12 | | (8) (Blank).
| 13 | | (9) A defendant convicted of a second or subsequent offense | 14 | | of ritualized
abuse of a child may be sentenced to a term of | 15 | | natural life imprisonment.
| 16 | | (10) (Blank).
| 17 | | (11) The court shall impose a minimum fine of $1,000 for a | 18 | | first offense
and $2,000 for a second or subsequent offense | 19 | | upon a person convicted of or
placed on supervision for battery | 20 | | when the individual harmed was a sports
official or coach at | 21 | | any level of competition and the act causing harm to the
sports
| 22 | | official or coach occurred within an athletic facility or | 23 | | within the immediate vicinity
of the athletic facility at which | 24 | | the sports official or coach was an active
participant
of the | 25 | | athletic contest held at the athletic facility. For the | 26 | | purposes of
this paragraph (11), "sports official" means a |
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| 1 | | person at an athletic contest
who enforces the rules of the | 2 | | contest, such as an umpire or referee; "athletic facility" | 3 | | means an indoor or outdoor playing field or recreational area | 4 | | where sports activities are conducted;
and "coach" means a | 5 | | person recognized as a coach by the sanctioning
authority that | 6 | | conducted the sporting event. | 7 | | (12) A person may not receive a disposition of court | 8 | | supervision for a
violation of Section 5-16 of the Boat | 9 | | Registration and Safety Act if that
person has previously | 10 | | received a disposition of court supervision for a
violation of | 11 | | that Section.
| 12 | | (13) A person convicted of or placed on court supervision | 13 | | for an assault or aggravated assault when the victim and the | 14 | | offender are family or household members as defined in Section | 15 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 16 | | of domestic battery or aggravated domestic battery may be | 17 | | required to attend a Partner Abuse Intervention Program under | 18 | | protocols set forth by the Illinois Department of Human | 19 | | Services under such terms and conditions imposed by the court. | 20 | | The costs of such classes shall be paid by the offender.
| 21 | | (d) In any case in which a sentence originally imposed is | 22 | | vacated,
the case shall be remanded to the trial court. The | 23 | | trial court shall
hold a hearing under Section 5-4-1 of the | 24 | | Unified Code of Corrections
which may include evidence of the | 25 | | defendant's life, moral character and
occupation during the | 26 | | time since the original sentence was passed. The
trial court |
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| 1 | | shall then impose sentence upon the defendant. The trial
court | 2 | | may impose any sentence which could have been imposed at the
| 3 | | original trial subject to Section 5-5-4 of the Unified Code of | 4 | | Corrections.
If a sentence is vacated on appeal or on | 5 | | collateral attack due to the
failure of the trier of fact at | 6 | | trial to determine beyond a reasonable doubt
the
existence of a | 7 | | fact (other than a prior conviction) necessary to increase the
| 8 | | punishment for the offense beyond the statutory maximum | 9 | | otherwise applicable,
either the defendant may be re-sentenced | 10 | | to a term within the range otherwise
provided or, if the State | 11 | | files notice of its intention to again seek the
extended | 12 | | sentence, the defendant shall be afforded a new trial.
| 13 | | (e) In cases where prosecution for
aggravated criminal | 14 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 15 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 16 | | of a defendant
who was a family member of the victim at the | 17 | | time of the commission of the
offense, the court shall consider | 18 | | the safety and welfare of the victim and
may impose a sentence | 19 | | of probation only where:
| 20 | | (1) the court finds (A) or (B) or both are appropriate:
| 21 | | (A) the defendant is willing to undergo a court | 22 | | approved counseling
program for a minimum duration of 2 | 23 | | years; or
| 24 | | (B) the defendant is willing to participate in a | 25 | | court approved plan
including but not limited to the | 26 | | defendant's:
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| 1 | | (i) removal from the household;
| 2 | | (ii) restricted contact with the victim;
| 3 | | (iii) continued financial support of the | 4 | | family;
| 5 | | (iv) restitution for harm done to the victim; | 6 | | and
| 7 | | (v) compliance with any other measures that | 8 | | the court may
deem appropriate; and
| 9 | | (2) the court orders the defendant to pay for the | 10 | | victim's counseling
services, to the extent that the court | 11 | | finds, after considering the
defendant's income and | 12 | | assets, that the defendant is financially capable of
paying | 13 | | for such services, if the victim was under 18 years of age | 14 | | at the
time the offense was committed and requires | 15 | | counseling as a result of the
offense.
| 16 | | Probation may be revoked or modified pursuant to Section | 17 | | 5-6-4; except
where the court determines at the hearing that | 18 | | the defendant violated a
condition of his or her probation | 19 | | restricting contact with the victim or
other family members or | 20 | | commits another offense with the victim or other
family | 21 | | members, the court shall revoke the defendant's probation and
| 22 | | impose a term of imprisonment.
| 23 | | For the purposes of this Section, "family member" and | 24 | | "victim" shall have
the meanings ascribed to them in Section | 25 | | 11-0.1 of the Criminal Code of
2012.
| 26 | | (f) (Blank).
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| 1 | | (g) Whenever a defendant is convicted of an offense under | 2 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 3 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 4 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 5 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 6 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012,
the defendant shall undergo medical | 8 | | testing to
determine whether the defendant has any sexually | 9 | | transmissible disease,
including a test for infection with | 10 | | human immunodeficiency virus (HIV) or
any other identified | 11 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 12 | | Any such medical test shall be performed only by appropriately
| 13 | | licensed medical practitioners and may include an analysis of | 14 | | any bodily
fluids as well as an examination of the defendant's | 15 | | person.
Except as otherwise provided by law, the results of | 16 | | such test shall be kept
strictly confidential by all medical | 17 | | personnel involved in the testing and must
be personally | 18 | | delivered in a sealed envelope to the judge of the court in | 19 | | which
the conviction was entered for the judge's inspection in | 20 | | camera. Acting in
accordance with the best interests of the | 21 | | victim and the public, the judge
shall have the discretion to | 22 | | determine to whom, if anyone, the results of the
testing may be | 23 | | revealed. The court shall notify the defendant
of the test | 24 | | results. The court shall
also notify the victim if requested by | 25 | | the victim, and if the victim is under
the age of 15 and if | 26 | | requested by the victim's parents or legal guardian, the
court |
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| 1 | | shall notify the victim's parents or legal guardian of the test
| 2 | | results.
The court shall provide information on the | 3 | | availability of HIV testing
and counseling at Department of | 4 | | Public Health facilities to all parties to
whom the results of | 5 | | the testing are revealed and shall direct the State's
Attorney | 6 | | to provide the information to the victim when possible.
A | 7 | | State's Attorney may petition the court to obtain the results | 8 | | of any HIV test
administered under this Section, and the court | 9 | | shall grant the disclosure if
the State's Attorney shows it is | 10 | | relevant in order to prosecute a charge of
criminal | 11 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 13 | | defendant. The court shall order that the cost of any such test
| 14 | | shall be paid by the county and may be taxed as costs against | 15 | | the convicted
defendant.
| 16 | | (g-5) When an inmate is tested for an airborne communicable | 17 | | disease, as
determined by the Illinois Department of Public | 18 | | Health including but not
limited to tuberculosis, the results | 19 | | of the test shall be
personally delivered by the warden or his | 20 | | or her designee in a sealed envelope
to the judge of the court | 21 | | in which the inmate must appear for the judge's
inspection in | 22 | | camera if requested by the judge. Acting in accordance with the
| 23 | | best interests of those in the courtroom, the judge shall have | 24 | | the discretion
to determine what if any precautions need to be | 25 | | taken to prevent transmission
of the disease in the courtroom.
| 26 | | (h) Whenever a defendant is convicted of an offense under |
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| 1 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 2 | | defendant shall undergo
medical testing to determine whether | 3 | | the defendant has been exposed to human
immunodeficiency virus | 4 | | (HIV) or any other identified causative agent of
acquired | 5 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 6 | | by
law, the results of such test shall be kept strictly | 7 | | confidential by all
medical personnel involved in the testing | 8 | | and must be personally delivered in a
sealed envelope to the | 9 | | judge of the court in which the conviction was entered
for the | 10 | | judge's inspection in camera. Acting in accordance with the | 11 | | best
interests of the public, the judge shall have the | 12 | | discretion to determine to
whom, if anyone, the results of the | 13 | | testing may be revealed. The court shall
notify the defendant | 14 | | of a positive test showing an infection with the human
| 15 | | immunodeficiency virus (HIV). The court shall provide | 16 | | information on the
availability of HIV testing and counseling | 17 | | at Department of Public Health
facilities to all parties to | 18 | | whom the results of the testing are revealed and
shall direct | 19 | | the State's Attorney to provide the information to the victim | 20 | | when
possible. A State's Attorney may petition the court to | 21 | | obtain the results of
any HIV test administered under this | 22 | | Section, and the court shall grant the
disclosure if the | 23 | | State's Attorney shows it is relevant in order to prosecute a
| 24 | | charge of criminal transmission of HIV under Section 12-5.01 or | 25 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 26 | | 2012 against the defendant. The court shall order that the cost |
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| 1 | | of any
such test shall be paid by the county and may be taxed as | 2 | | costs against the
convicted defendant.
| 3 | | (i) All fines and penalties imposed under this Section for | 4 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 5 | | Vehicle Code, or a similar
provision of a local ordinance, and | 6 | | any violation
of the Child Passenger Protection Act, or a | 7 | | similar provision of a local
ordinance, shall be collected and | 8 | | disbursed by the circuit
clerk as provided under Section 27.5 | 9 | | of the Clerks of Courts Act.
| 10 | | (j) In cases when prosecution for any violation of Section | 11 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 12 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 13 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 14 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 15 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 16 | | Code of 2012, any violation of the Illinois Controlled | 17 | | Substances Act,
any violation of the Cannabis Control Act, or | 18 | | any violation of the Methamphetamine Control and Community | 19 | | Protection Act results in conviction, a
disposition of court | 20 | | supervision, or an order of probation granted under
Section 10 | 21 | | of the Cannabis Control Act, Section 410 of the Illinois
| 22 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 23 | | Control and Community Protection Act of a defendant, the court | 24 | | shall determine whether the
defendant is employed by a facility | 25 | | or center as defined under the Child Care
Act of 1969, a public | 26 | | or private elementary or secondary school, or otherwise
works |
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| 1 | | with children under 18 years of age on a daily basis. When a | 2 | | defendant
is so employed, the court shall order the Clerk of | 3 | | the Court to send a copy of
the judgment of conviction or order | 4 | | of supervision or probation to the
defendant's employer by | 5 | | certified mail.
If the employer of the defendant is a school, | 6 | | the Clerk of the Court shall
direct the mailing of a copy of | 7 | | the judgment of conviction or order of
supervision or probation | 8 | | to the appropriate regional superintendent of schools.
The | 9 | | regional superintendent of schools shall notify the State Board | 10 | | of
Education of any notification under this subsection.
| 11 | | (j-5) A defendant at least 17 years of age who is convicted | 12 | | of a felony and
who has not been previously convicted of a | 13 | | misdemeanor or felony and who is
sentenced to a term of | 14 | | imprisonment in the Illinois Department of Corrections
shall as | 15 | | a condition of his or her sentence be required by the court to | 16 | | attend
educational courses designed to prepare the defendant | 17 | | for a high school diploma
and to work toward a high school | 18 | | diploma or to work toward passing high school equivalency | 19 | | testing or to work toward
completing a vocational training | 20 | | program offered by the Department of
Corrections. If a | 21 | | defendant fails to complete the educational training
required | 22 | | by his or her sentence during the term of incarceration, the | 23 | | Prisoner
Review Board shall, as a condition of mandatory | 24 | | supervised release, require the
defendant, at his or her own | 25 | | expense, to pursue a course of study toward a high
school | 26 | | diploma or passage of high school equivalency testing. The |
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| 1 | | Prisoner Review Board shall
revoke the mandatory supervised | 2 | | release of a defendant who wilfully fails to
comply with this | 3 | | subsection (j-5) upon his or her release from confinement in a
| 4 | | penal institution while serving a mandatory supervised release | 5 | | term; however,
the inability of the defendant after making a | 6 | | good faith effort to obtain
financial aid or pay for the | 7 | | educational training shall not be deemed a wilful
failure to | 8 | | comply. The Prisoner Review Board shall recommit the defendant
| 9 | | whose mandatory supervised release term has been revoked under | 10 | | this subsection
(j-5) as provided in Section 3-3-9. This | 11 | | subsection (j-5) does not apply to a
defendant who has a high | 12 | | school diploma or has successfully passed high school | 13 | | equivalency testing. This subsection (j-5) does not apply to a | 14 | | defendant who is determined by
the court to be a person with a | 15 | | developmental disability or otherwise mentally incapable of
| 16 | | completing the educational or vocational program.
| 17 | | (k) (Blank).
| 18 | | (l) (A) Except as provided
in paragraph (C) of subsection | 19 | | (l), whenever a defendant,
who is an alien as defined by the | 20 | | Immigration and Nationality Act, is convicted
of any felony or | 21 | | misdemeanor offense, the court after sentencing the defendant
| 22 | | may, upon motion of the State's Attorney, hold sentence in | 23 | | abeyance and remand
the defendant to the custody of the | 24 | | Attorney General of
the United States or his or her designated | 25 | | agent to be deported when:
| 26 | | (1) a final order of deportation has been issued |
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| 1 | | against the defendant
pursuant to proceedings under the | 2 | | Immigration and Nationality Act, and
| 3 | | (2) the deportation of the defendant would not | 4 | | deprecate the seriousness
of the defendant's conduct and | 5 | | would not be inconsistent with the ends of
justice.
| 6 | | Otherwise, the defendant shall be sentenced as provided in | 7 | | this Chapter V.
| 8 | | (B) If the defendant has already been sentenced for a | 9 | | felony or
misdemeanor
offense, or has been placed on probation | 10 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 11 | | the Illinois Controlled Substances Act, or Section 70 of the | 12 | | Methamphetamine Control and Community Protection Act, the | 13 | | court
may, upon motion of the State's Attorney to suspend the
| 14 | | sentence imposed, commit the defendant to the custody of the | 15 | | Attorney General
of the United States or his or her designated | 16 | | agent when:
| 17 | | (1) a final order of deportation has been issued | 18 | | against the defendant
pursuant to proceedings under the | 19 | | Immigration and Nationality Act, and
| 20 | | (2) the deportation of the defendant would not | 21 | | deprecate the seriousness
of the defendant's conduct and | 22 | | would not be inconsistent with the ends of
justice.
| 23 | | (C) This subsection (l) does not apply to offenders who are | 24 | | subject to the
provisions of paragraph (2) of subsection (a) of | 25 | | Section 3-6-3.
| 26 | | (D) Upon motion of the State's Attorney, if a defendant |
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| 1 | | sentenced under
this Section returns to the jurisdiction of the | 2 | | United States, the defendant
shall be recommitted to the | 3 | | custody of the county from which he or she was
sentenced.
| 4 | | Thereafter, the defendant shall be brought before the | 5 | | sentencing court, which
may impose any sentence that was | 6 | | available under Section 5-5-3 at the time of
initial | 7 | | sentencing. In addition, the defendant shall not be eligible | 8 | | for
additional earned sentence credit as provided under
Section | 9 | | 3-6-3.
| 10 | | (m) A person convicted of criminal defacement of property | 11 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, in which the property damage exceeds | 13 | | $300
and the property damaged is a school building, shall be | 14 | | ordered to perform
community service that may include cleanup, | 15 | | removal, or painting over the
defacement.
| 16 | | (n) The court may sentence a person convicted of a | 17 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 18 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 19 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 20 | | incarceration program if the person is otherwise eligible for | 21 | | that program
under Section 5-8-1.1, (ii) to community service, | 22 | | or (iii) if the person is an
addict or alcoholic, as defined in | 23 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | 24 | | substance or alcohol abuse program licensed under that
Act. | 25 | | (o) Whenever a person is convicted of a sex offense as | 26 | | defined in Section 2 of the Sex Offender Registration Act, the |
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| 1 | | defendant's driver's license or permit shall be subject to | 2 | | renewal on an annual basis in accordance with the provisions of | 3 | | license renewal established by the Secretary of State.
| 4 | | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | 5 | | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff. | 6 | | 1-1-18.)
| 7 | | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 8 | | Sec. 5-6-1. Sentences of Probation and of Conditional
| 9 | | Discharge and Disposition of Supervision.
The General Assembly | 10 | | finds that in order to protect the public, the
criminal justice | 11 | | system must compel compliance with the conditions of probation
| 12 | | by responding to violations with swift, certain and fair | 13 | | punishments and
intermediate sanctions. The Chief Judge of each | 14 | | circuit shall adopt a system of
structured, intermediate | 15 | | sanctions for violations of the terms and conditions
of a | 16 | | sentence of probation, conditional discharge or disposition of
| 17 | | supervision.
| 18 | | (a) Except where specifically prohibited by other
| 19 | | provisions of this Code, the court shall impose a sentence
of | 20 | | probation or conditional discharge upon an offender
unless, | 21 | | having regard to the nature and circumstance of
the offense, | 22 | | and to the history, character and condition
of the offender, | 23 | | the court is of the opinion that:
| 24 | | (1) his imprisonment or periodic imprisonment is | 25 | | necessary
for the protection of the public; or
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| 1 | | (2) probation or conditional discharge would deprecate
| 2 | | the seriousness of the offender's conduct and would be
| 3 | | inconsistent with the ends of justice; or
| 4 | | (3) a combination of imprisonment with concurrent or | 5 | | consecutive probation when an offender has been admitted | 6 | | into a drug court program under Section 20 of the Drug | 7 | | Court Treatment Act is necessary for the protection of the | 8 | | public and for the rehabilitation of the offender.
| 9 | | The court shall impose as a condition of a sentence of | 10 | | probation,
conditional discharge, or supervision, that the | 11 | | probation agency may invoke any
sanction from the list of | 12 | | intermediate sanctions adopted by the chief judge of
the | 13 | | circuit court for violations of the terms and conditions of the | 14 | | sentence of
probation, conditional discharge, or supervision, | 15 | | subject to the provisions of
Section 5-6-4 of this Act.
| 16 | | (b) The court may impose a sentence of conditional
| 17 | | discharge for an offense if the court is of the opinion
that | 18 | | neither a sentence of imprisonment nor of periodic
imprisonment | 19 | | nor of probation supervision is appropriate.
| 20 | | (b-1) Subsections (a) and (b) of this Section do not apply | 21 | | to a defendant charged with a misdemeanor or felony under the | 22 | | Illinois Vehicle Code or reckless homicide under Section 9-3 of | 23 | | the Criminal Code of 1961 or the Criminal Code of 2012 if the | 24 | | defendant within the past 12 months has been convicted of or | 25 | | pleaded guilty to a misdemeanor or felony under the Illinois | 26 | | Vehicle Code or reckless homicide under Section 9-3 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012. | 2 | | (c) The court may, upon a plea of guilty or a stipulation
| 3 | | by the defendant of the facts supporting the charge or a
| 4 | | finding of guilt, defer further proceedings and the
imposition | 5 | | of a sentence, and enter an order for supervision of the | 6 | | defendant,
if the defendant is not charged with: (i) a Class A | 7 | | misdemeanor, as
defined by the following provisions of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| 9 | | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | 10 | | 31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| 11 | | paragraph (1) through (5), (8), (10), and (11) of subsection | 12 | | (a) of Section
24-1; (ii) a Class A misdemeanor violation of | 13 | | Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | 14 | | Act; or (iii)
a felony.
If the defendant
is not barred from | 15 | | receiving an order for supervision as provided in this
| 16 | | subsection, the court may enter an order for supervision after | 17 | | considering the
circumstances of the offense, and the history,
| 18 | | character and condition of the offender, if the court is of the | 19 | | opinion
that:
| 20 | | (1) the offender is not likely to commit further | 21 | | crimes;
| 22 | | (2) the defendant and the public would be best served | 23 | | if the
defendant were not to receive a criminal record; and
| 24 | | (3) in the best interests of justice an order of | 25 | | supervision
is more appropriate than a sentence otherwise | 26 | | permitted under this Code.
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| 1 | | (c-5) Subsections (a), (b), and (c) of this Section do not | 2 | | apply to a defendant charged with a second or subsequent | 3 | | violation of Section 6-303 of the Illinois Vehicle Code | 4 | | committed while his or her driver's license, permit or | 5 | | privileges were revoked because of a violation of Section 9-3 | 6 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 7 | | relating to the offense of reckless homicide, or a similar | 8 | | provision of a law of another state.
| 9 | | (d) The provisions of paragraph (c) shall not apply to a | 10 | | defendant charged
with violating Section 11-501 of the Illinois | 11 | | Vehicle Code or a similar
provision of a local
ordinance when | 12 | | the defendant has previously been:
| 13 | | (1) convicted for a violation of Section 11-501 of
the | 14 | | Illinois Vehicle
Code or a similar provision of a
local | 15 | | ordinance or any similar law or ordinance of another state; | 16 | | or
| 17 | | (2) assigned supervision for a violation of Section | 18 | | 11-501 of the Illinois
Vehicle Code or a similar provision | 19 | | of a local ordinance or any similar law
or ordinance of | 20 | | another state; or
| 21 | | (3) pleaded guilty to or stipulated to the facts | 22 | | supporting
a charge or a finding of guilty to a violation | 23 | | of Section 11-503 of the
Illinois Vehicle Code or a similar | 24 | | provision of a local ordinance or any
similar law or | 25 | | ordinance of another state, and the
plea or stipulation was | 26 | | the result of a plea agreement.
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| 1 | | The court shall consider the statement of the prosecuting
| 2 | | authority with regard to the standards set forth in this | 3 | | Section.
| 4 | | (e) The provisions of paragraph (c) shall not apply to a | 5 | | defendant
charged with violating Section 16-25 or 16A-3 of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012 if said
| 7 | | defendant has within the last 5 years been:
| 8 | | (1) convicted for a violation of Section 16-25 or 16A-3 | 9 | | of the Criminal Code of
1961 or the Criminal Code of 2012; | 10 | | or
| 11 | | (2) assigned supervision for a violation of Section | 12 | | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | 13 | | Code of 2012.
| 14 | | The court shall consider the statement of the prosecuting | 15 | | authority with
regard to the standards set forth in this | 16 | | Section.
| 17 | | (f) The provisions of paragraph (c) shall not apply to a | 18 | | defendant
charged with violating Sections 15-111, 15-112, | 19 | | 15-301, paragraph (b)
of Section 6-104, Section 11-605, | 20 | | paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or | 21 | | Section 11-1414
of the Illinois Vehicle Code or a similar | 22 | | provision of a local ordinance.
| 23 | | (g) Except as otherwise provided in paragraph (i) of this | 24 | | Section, the
provisions of paragraph (c) shall not apply to a
| 25 | | defendant charged with violating Section
3-707, 3-708, 3-710, | 26 | | or 5-401.3
of the Illinois Vehicle Code or a similar provision |
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| 1 | | of a local ordinance if the
defendant has within the last 5 | 2 | | years been:
| 3 | | (1) convicted for a violation of Section 3-707, 3-708, | 4 | | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | 5 | | provision of a local
ordinance; or
| 6 | | (2) assigned supervision for a violation of Section | 7 | | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 8 | | Code or a similar provision of a local
ordinance.
| 9 | | The court shall consider the statement of the prosecuting | 10 | | authority with
regard to the standards set forth in this | 11 | | Section.
| 12 | | (h) The provisions of paragraph (c) shall not apply to a | 13 | | defendant under
the age of 21 years charged with violating a | 14 | | serious traffic offense as defined
in Section 1-187.001 of the | 15 | | Illinois Vehicle Code:
| 16 | | (1) unless the defendant, upon payment of the fines, | 17 | | penalties, and costs
provided by law, agrees to attend and | 18 | | successfully complete a traffic safety
program approved by | 19 | | the court under standards set by the Conference of Chief
| 20 | | Circuit Judges. The accused shall be responsible for | 21 | | payment of any traffic
safety program fees. If the accused | 22 | | fails to file a certificate of
successful completion on or | 23 | | before the termination date of the supervision
order, the | 24 | | supervision shall be summarily revoked and conviction | 25 | | entered. The
provisions of Supreme Court Rule 402 relating | 26 | | to pleas of guilty do not apply
in cases when a defendant |
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| 1 | | enters a guilty plea under this provision; or
| 2 | | (2) if the defendant has previously been sentenced | 3 | | under the provisions of
paragraph (c) on or after January | 4 | | 1, 1998 for any serious traffic offense as
defined in | 5 | | Section 1-187.001 of the Illinois Vehicle Code.
| 6 | | (h-1) The provisions of paragraph (c) shall not apply to a | 7 | | defendant under the age of 21 years charged with an offense | 8 | | against traffic regulations governing the movement of vehicles | 9 | | or any violation of Section 6-107 or Section 12-603.1 of the | 10 | | Illinois Vehicle Code, unless the defendant, upon payment of | 11 | | the fines, penalties, and costs provided by law, agrees to | 12 | | attend and successfully complete a traffic safety program | 13 | | approved by the court under standards set by the Conference of | 14 | | Chief Circuit Judges. The accused shall be responsible for | 15 | | payment of any traffic safety program fees. If the accused | 16 | | fails to file a certificate of successful completion on or | 17 | | before the termination date of the supervision order, the | 18 | | supervision shall be summarily revoked and conviction entered. | 19 | | The provisions of Supreme Court Rule 402 relating to pleas of | 20 | | guilty do not apply in cases when a defendant enters a guilty | 21 | | plea under this provision.
| 22 | | (i) The provisions of paragraph (c) shall not apply to a | 23 | | defendant charged
with violating Section 3-707 of the Illinois | 24 | | Vehicle Code or a similar
provision of a local ordinance if the | 25 | | defendant has been assigned supervision
for a violation of | 26 | | Section 3-707 of the Illinois Vehicle Code or a similar
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| 1 | | provision of a local ordinance.
| 2 | | (j) The provisions of paragraph (c) shall not apply to a
| 3 | | defendant charged with violating
Section 6-303 of the Illinois | 4 | | Vehicle Code or a similar provision of
a local ordinance when | 5 | | the revocation or suspension was for a violation of
Section | 6 | | 11-501 or a similar provision of a local ordinance or a | 7 | | violation of
Section 11-501.1 or paragraph (b) of Section | 8 | | 11-401 of the Illinois Vehicle
Code if the
defendant has within | 9 | | the last 10 years been:
| 10 | | (1) convicted for a violation of Section 6-303 of the | 11 | | Illinois Vehicle
Code or a similar provision of a local | 12 | | ordinance; or
| 13 | | (2) assigned supervision for a violation of Section | 14 | | 6-303 of the Illinois
Vehicle Code or a similar provision | 15 | | of a local ordinance. | 16 | | (k) The provisions of paragraph (c) shall not apply to a
| 17 | | defendant charged with violating
any provision of the Illinois | 18 | | Vehicle Code or a similar provision of a local ordinance that | 19 | | governs the movement of vehicles if, within the 12 months | 20 | | preceding the date of the defendant's arrest, the defendant has | 21 | | been assigned court supervision on 2 occasions for a violation | 22 | | that governs the movement of vehicles under the Illinois | 23 | | Vehicle Code or a similar provision of a local ordinance.
The | 24 | | provisions of this paragraph (k) do not apply to a defendant | 25 | | charged with violating Section 11-501 of the Illinois Vehicle | 26 | | Code or a similar provision of a local ordinance.
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| 1 | | (l) A defendant charged with violating any provision of the | 2 | | Illinois Vehicle Code or a similar provision of a local | 3 | | ordinance who receives a disposition of supervision under | 4 | | subsection (c) shall pay an additional fee of $29, to be | 5 | | collected as provided in Sections 27.5 and 27.6 of the Clerks | 6 | | of Courts Act. In addition to the $29 fee, the person shall | 7 | | also pay a fee of $6, which, if not waived by the court, shall | 8 | | be collected as provided in Sections 27.5 and 27.6 of the | 9 | | Clerks of Courts Act. The $29 fee shall be disbursed as | 10 | | provided in Section 16-104c of the Illinois Vehicle Code. If | 11 | | the $6 fee is collected, $5.50 of the fee shall be deposited | 12 | | into the Circuit Court Clerk Operation and Administrative Fund | 13 | | created by the Clerk of the Circuit Court and 50 cents of the | 14 | | fee shall be deposited into the Prisoner Review Board Vehicle | 15 | | and Equipment Fund in the State treasury.
| 16 | | (m) Any person convicted of, pleading guilty to, or placed | 17 | | on supervision for a serious traffic violation, as defined in | 18 | | Section 1-187.001 of the Illinois Vehicle Code, a violation of | 19 | | Section 11-501 of the Illinois Vehicle Code, or a violation of | 20 | | a similar provision of a local ordinance shall pay an | 21 | | additional fee of $35, to be disbursed as provided in Section | 22 | | 16-104d of that Code. | 23 | | This subsection (m) becomes inoperative on January 1, 2020.
| 24 | | (n)
The provisions of paragraph (c) shall not apply to any | 25 | | person under the age of 18 who commits an offense against | 26 | | traffic regulations governing the movement of vehicles or any |
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| 1 | | violation of Section 6-107 or Section 12-603.1 of the Illinois | 2 | | Vehicle Code, except upon personal appearance of the defendant | 3 | | in court and upon the written consent of the defendant's parent | 4 | | or legal guardian, executed before the presiding judge. The | 5 | | presiding judge shall have the authority to waive this | 6 | | requirement upon the showing of good cause by the defendant.
| 7 | | (o)
The provisions of paragraph (c) shall not apply to a | 8 | | defendant charged with violating Section 6-303 of the Illinois | 9 | | Vehicle Code or a similar provision of a local ordinance when | 10 | | the suspension was for a violation of Section 11-501.1 of the | 11 | | Illinois Vehicle Code and when: | 12 | | (1) at the time of the violation of Section 11-501.1 of | 13 | | the Illinois Vehicle Code, the defendant was a first | 14 | | offender pursuant to Section 11-500 of the Illinois Vehicle | 15 | | Code and the defendant failed to obtain a monitoring device | 16 | | driving permit; or | 17 | | (2) at the time of the violation of Section 11-501.1 of | 18 | | the Illinois Vehicle Code, the defendant was a first | 19 | | offender pursuant to Section 11-500 of the Illinois Vehicle | 20 | | Code, had subsequently obtained a monitoring device | 21 | | driving permit, but was driving a vehicle not equipped with | 22 | | a breath alcohol ignition interlock device as defined in | 23 | | Section 1-129.1 of the Illinois Vehicle Code.
| 24 | | (p) The provisions of paragraph (c) shall not apply to a | 25 | | defendant charged with violating Section 11-601.5 of the | 26 | | Illinois Vehicle Code or a similar provision of a local |
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| 1 | | ordinance when the defendant has previously been: | 2 | | (1) convicted for a violation of Section 11-601.5 of | 3 | | the Illinois Vehicle Code or a similar provision of a local | 4 | | ordinance or any similar law or ordinance of another state; | 5 | | or | 6 | | (2) assigned supervision for a violation of Section | 7 | | 11-601.5 of the Illinois Vehicle Code or a similar | 8 | | provision of a local ordinance or any similar law or | 9 | | ordinance of another state. | 10 | | (q) The provisions of paragraph (c) shall not apply to a | 11 | | defendant charged with violating subsection (b) of Section | 12 | | 11-601 or Section 11-601.5 of the Illinois Vehicle Code when | 13 | | the defendant was operating a vehicle, in an urban district, at | 14 | | a speed that is 26 miles per hour or more in excess of the | 15 | | applicable maximum speed limit established under Chapter 11 of | 16 | | the Illinois Vehicle Code. | 17 | | (r) The provisions of paragraph (c) shall not apply to a | 18 | | defendant charged with violating any provision of the Illinois | 19 | | Vehicle Code or a similar provision of a local ordinance if the | 20 | | violation was the proximate cause of the death of another and | 21 | | the defendant's driving abstract contains a prior conviction or | 22 | | disposition of court supervision for any violation of the | 23 | | Illinois Vehicle Code, other than an equipment violation, or a | 24 | | suspension, revocation, or cancellation of the driver's | 25 | | license. | 26 | | (s) The provisions of paragraph (c) shall not apply to a |
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| 1 | | defendant charged
with violating subsection (i) of Section 70 | 2 | | of the Firearm Concealed Carry Act. | 3 | | (t)(1) The court may impose a sentence of probation or | 4 | | conditional
discharge upon an offender who has been convicted | 5 | | of a violation of Section 24-1, 24-1.1, 24-1.6, or 24-1.8 of | 6 | | the Criminal Code of 2012 for which a sentence of imprisonment | 7 | | is otherwise required by law if he or she has not previously | 8 | | been convicted of, placed on probation or conditional discharge | 9 | | for, or received a discharge or dismissal under Section | 10 | | 5-6-3.3-5 of this Code for any of those offenses under the laws | 11 | | of this State, the laws of any other state, or the laws of the | 12 | | United States and who based upon the utilization of the | 13 | | statewide, standardized risk assessment tool described in | 14 | | Section 10 of the Illinois Crime Reduction Act of 2009 would | 15 | | benefit from the program described in this subsection (t). In | 16 | | addition to any other conditions imposed by the court, the | 17 | | conditions of the sentence of probation or conditional | 18 | | discharge under this subsection (t) are that the offender: | 19 | | (A) not violate any criminal statute of this State or
| 20 | | any other jurisdiction; | 21 | | (B) refrain from possessing a firearm or other
| 22 | | dangerous weapon; | 23 | | (C) perform not less than 30
hours of community service | 24 | | that would benefit persons with gunshot-related | 25 | | disabilities, provided community service is available in | 26 | | the county and is funded and approved by the county board; |
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| 1 | | (D) attend educational courses designed to teach the | 2 | | offender about the firearm laws of this State and | 3 | | sentencing for violations of those laws; and | 4 | | (E) receive counseling and psychological or | 5 | | psychiatric treatment for impulse control and to decrease | 6 | | aggressive behavior, if indicated by a validated risk | 7 | | assessment instrument. | 8 | | (2) The conditions of probation or conditional discharge | 9 | | under this subsection (t) shall include community safety case | 10 | | planning, to assess and address the perceived need to carry a | 11 | | weapon to avoid becoming a victim of violence. | 12 | | (3) If services are made available under this subsection | 13 | | (t), the services must be administered according to the | 14 | | offender's measured risks, assets, and needs and without regard | 15 | | to the offender's financial ability to pay for the costs of | 16 | | those services. | 17 | | (4) Firearm legal education programs provided under this | 18 | | subsection (t) may not be conducted by firearm advocacy | 19 | | organizations. | 20 | | (5) The outcome of the programs provided under this | 21 | | subsection (t) shall be annually reported by the county | 22 | | probation department to the clerk of the circuit court who | 23 | | shall report it to the Supreme Court and make it available to | 24 | | the Governor, the General Assembly, and the public. | 25 | | (Source: P.A. 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; | 26 | | 98-899, eff. 8-15-14; 99-78, eff. 7-20-15; 99-212, eff. |
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| 1 | | 1-1-16 .) | 2 | | (730 ILCS 5/5-6-3.3-5 new) | 3 | | Sec. 5-6-3.3-5. Firearm Possession Accountability | 4 | | Initiative Program. | 5 | | (a) When a person is charged with an offense under Section | 6 | | 24-1, 24-1.1, 24-1.6, or 24-1.8 of the Criminal Code of 2012, | 7 | | the court, with the consent of the defendant and the State's | 8 | | Attorney, may continue this matter to allow a defendant to | 9 | | participate and complete the Firearm Possession Accountability | 10 | | Initiative Program. | 11 | | (b) The conditions of the program shall be that the | 12 | | defendant: | 13 | | (1) not violate any criminal statute of this State or
| 14 | | any other jurisdiction; | 15 | | (2) refrain from possessing a firearm or other | 16 | | dangerous weapon; | 17 | | (3) perform not less than 30
hours of community service | 18 | | that would benefit persons with gunshot-related | 19 | | disabilities, provided community service is available in | 20 | | the county and is funded and approved by the county board; | 21 | | (4) attend educational courses designed to teach the | 22 | | offender about the firearm laws of this State and | 23 | | sentencing for violations of those laws; | 24 | | (5) receive counseling and psychological or | 25 | | psychiatric treatment for impulse control and to decrease |
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| 1 | | aggressive behavior, if indicated by a validated risk | 2 | | assessment instrument; | 3 | | (6) receive community safety case planning, to assess | 4 | | and address the perceived need to carry a weapon to avoid | 5 | | becoming a victim of violence; and | 6 | | (7) be subject to supervision or additional pre-trial | 7 | | services as necessary. | 8 | | (c) The Firearm Possession Accountability Initiative | 9 | | Program shall be administered according to the offender's | 10 | | measured risks, assets, and needs and without regard to the | 11 | | offender's financial ability to pay for the costs of those | 12 | | services. Firearm safety programs, including those | 13 | | administered by firearms advocacy organizations, may not be | 14 | | used under this Program. | 15 | | (d) When the State's Attorney makes a factually specific | 16 | | offer of proof that the defendant has failed to successfully | 17 | | complete the Program or has violated any of the conditions of | 18 | | the Program, the court shall enter an order that the defendant | 19 | | has not successfully completed the Program and continue the | 20 | | case for arraignment and further proceedings as if the | 21 | | defendant had not participated in the Program. | 22 | | (e) Upon fulfillment of the terms and conditions of the | 23 | | Program, the State's Attorney shall dismiss the case or the | 24 | | court shall discharge the person and dismiss the proceedings | 25 | | against the person. | 26 | | (f) There may be only one discharge and dismissal under |
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| 1 | | this Section with respect to any person. | 2 | | Section 140. The Illinois Civil Rights Act of 2003 is | 3 | | amended by changing Section 5 as follows:
| 4 | | (740 ILCS 23/5)
| 5 | | Sec. 5. Discrimination prohibited.
| 6 | | (a) No unit of State, county, or local government in | 7 | | Illinois shall:
| 8 | | (1) exclude a person from participation in, deny a | 9 | | person the benefits of,
or subject a person to | 10 | | discrimination under any program or activity on the
grounds
| 11 | | of that person's race, color, national origin, or gender; | 12 | | or
| 13 | | (2) utilize criteria or methods of administration that | 14 | | have the effect of
subjecting individuals to | 15 | | discrimination because of their race, color,
national
| 16 | | origin, or gender ; or | 17 | | (3) fail to regulate firearm dealers for the sale of | 18 | | firearms in a fashion that results in a statistically | 19 | | disproportionate rate of firearm offenses in economically | 20 | | disadvantaged or racially segregated communities as | 21 | | compared to other communities .
| 22 | | (b) Any party aggrieved by conduct that violates subsection | 23 | | (a) may bring a
civil lawsuit, in a federal district court or | 24 | | State circuit court, against the offending unit of
government. |
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| 1 | | Any State claim brought in federal district court shall be a | 2 | | supplemental claim to a federal claim. This lawsuit must be | 3 | | brought not later than 2 years after the
violation of | 4 | | subsection (a). If the court finds that a violation of | 5 | | paragraph
(1) , or (2) , or (3) of subsection (a) has occurred, | 6 | | the court may award to the plaintiff
actual damages. The court, | 7 | | as it deems appropriate, may grant as
relief any permanent or | 8 | | preliminary negative or mandatory injunction, temporary | 9 | | restraining order, or
other order.
| 10 | | (c) Upon motion, a court shall award reasonable attorneys' | 11 | | fees and costs,
including expert witness fees and other | 12 | | litigation expenses, to a plaintiff who
is a prevailing party | 13 | | in any action brought:
| 14 | | (1) pursuant to subsection (b); or
| 15 | | (2) to enforce a right arising under the Illinois | 16 | | Constitution.
| 17 | | In awarding reasonable attorneys' fees, the court shall | 18 | | consider the degree
to which the relief obtained relates to the | 19 | | relief sought.
| 20 | | (d) For the purpose of this Act, the term "prevailing | 21 | | party" includes any
party:
| 22 | | (1) who obtains some of his or her requested relief | 23 | | through a judicial
judgment in his or her favor;
| 24 | | (2) who obtains some of his or her requested relief | 25 | | through any settlement
agreement approved by the court; or
| 26 | | (3) whose pursuit of a non-frivolous claim was a |
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| 1 | | catalyst for a unilateral
change in position by the | 2 | | opposing party relative to the relief sought.
| 3 | | (Source: P.A. 95-541, eff. 1-1-08.)
| 4 | | Section 995. No acceleration or delay. Where this Act makes | 5 | | changes in a statute that is represented in this Act by text | 6 | | that is not yet or no longer in effect (for example, a Section | 7 | | represented by multiple versions), the use of that text does | 8 | | not accelerate or delay the taking effect of (i) the changes | 9 | | made by this Act or (ii) provisions derived from any other | 10 | | Public Act.".
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