| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CORRECTIONS (730 ILCS 5/) Unified Code of Corrections. 730 ILCS 5/5-4.5-990 (730 ILCS 5/5-4.5-990)
Sec. 5-4.5-990. PRIOR LAW; OTHER ACTS; PRIOR SENTENCING. (a) This Article 4.5 and the other provisions of this amendatory Act of the 95th General Assembly consolidate and unify certain criminal sentencing provisions and make conforming changes in the law. (b) A provision of this Article 4.5 or any other provision of this amendatory Act of the 95th General Assembly that is the same or substantially the same as a prior law shall be construed as a continuation of the prior law and not as a new or different law. (c) A citation in this Code or in another Act to a provision consolidated or unified in this Article 4.5 or to any other provision consolidated or unified in this amendatory Act of the 95th General Assembly shall be construed to be a citation to that consolidated or unified provision. (d) If any other Act of the General Assembly changes, adds, or repeals a provision of prior law that is consolidated or unified in this Article 4.5 or in any other provision of this amendatory Act of the 95th General Assembly, then that change, addition, or repeal shall be construed together with this Article 4.5 and the other provisions of this amendatory Act of the 95th General Assembly. (e) Sentencing for any violation of the law occurring before the effective date of this amendatory Act of the 95th General Assembly is not affected or abated by this amendatory Act of the 95th General Assembly.
(Source: P.A. 95-1052, eff. 7-1-09 .) |
730 ILCS 5/Ch. V Art. 5
(730 ILCS 5/Ch. V Art. 5 heading)
ARTICLE 5.
AUTHORIZED DISPOSITIONS
|
730 ILCS 5/5-5-1
(730 ILCS 5/5-5-1)
Sec. 5-5-1. (Repealed).
(Source: P.A. 84-1450. Repealed by P.A. 95-1052, eff. 7-1-09.)
|
730 ILCS 5/5-5-2
(730 ILCS 5/5-5-2)
Sec. 5-5-2. (Repealed).
(Source: P.A. 80-1099. Repealed by P.A. 95-1052, eff. 7-1-09.)
|
730 ILCS 5/5-5-3
(730 ILCS 5/5-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c)(1) (Blank).
(2) A period of probation, a term of periodic imprisonment or
conditional discharge shall not be imposed for the following offenses.
The court shall sentence the offender to not less than the minimum term
of imprisonment set forth in this Code for the following offenses, and
may order a fine or restitution or both in conjunction with such term of
imprisonment:
(A) First degree murder.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the | | Illinois Controlled Substances Act, or a violation of subdivision (c)(1.5) of Section 401 of that Act which relates to more than 5 grams of a substance containing fentanyl or an analog thereof.
|
|
(D-5) A violation of subdivision (c)(1) of Section
| | 401 of the Illinois Controlled Substances Act which relates to 3 or more grams of a substance containing heroin or an analog thereof.
|
| (E) (Blank).
(F) A Class 1 or greater felony if the offender had
| | been convicted of a Class 1 or greater felony, including any state or federal conviction for an offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 1 or greater felony) classified as a Class 1 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40-10 of the Substance Use Disorder Act.
|
|
(F-3) A Class 2 or greater felony sex offense or
| | felony firearm offense if the offender had been convicted of a Class 2 or greater felony, including any state or federal conviction for an offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 2 or greater felony) classified as a Class 2 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40-10 of the Substance Use Disorder Act.
|
| (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
| | of the Criminal Code of 1961 or the Criminal Code of 2012 for which imprisonment is prescribed in those Sections.
|
| (G) Residential burglary, except as otherwise
| | provided in Section 40-10 of the Substance Use Disorder Act.
|
|
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as
| | described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012.
|
|
(J) A forcible felony if the offense was related to
| | the activities of an organized gang.
|
|
Before July 1, 1994, for the purposes of this
| | paragraph, "organized gang" means an association of 5 or more persons, with an established hierarchy, that encourages members of the association to perpetrate crimes or provides support to the members of the association who do commit crimes.
|
|
Beginning July 1, 1994, for the purposes of this
| | paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
|
|
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
| | of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action.
|
|
(M) A second or subsequent conviction for the offense
| | of institutional vandalism if the damage to the property exceeds $300.
|
|
(N) A Class 3 felony violation of paragraph (1) of
| | subsection (a) of Section 2 of the Firearm Owners Identification Card Act.
|
|
(O) A violation of Section 12-6.1 or 12-6.5 of the
| | Criminal Code of 1961 or the Criminal Code of 2012.
|
|
(P) A violation of paragraph (1), (2), (3), (4), (5),
| | or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012.
|
|
(P-5) A violation of paragraph (6) of subsection (a)
| | of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 if the victim is a household or family member of the defendant.
|
| (Q) A violation of subsection (b) or (b-5) of Section
| | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012.
|
|
(R) A violation of Section 24-3A of the Criminal Code
| | of 1961 or the Criminal Code of 2012.
|
|
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
| | of the Illinois Vehicle Code committed while his or her driver's license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state.
|
| (V) A violation of paragraph (4) of subsection (c)
| | of Section 11-20.1B or paragraph (4) of subsection (c) of Section 11-20.3 of the Criminal Code of 1961, or paragraph (6) of subsection (a) of Section 11-20.1 of the Criminal Code of 2012 when the victim is under 13 years of age and the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses.
|
| (W) A violation of Section 24-3.5 of the Criminal
| | Code of 1961 or the Criminal Code of 2012.
|
| (X) A violation of subsection (a) of Section 31-1a
| | of the Criminal Code of 1961 or the Criminal Code of 2012.
|
| (Y) A conviction for unlawful possession of a
| | firearm by a street gang member when the firearm was loaded or contained firearm ammunition.
|
| (Z) A Class 1 felony committed while he or she was
| | serving a term of probation or conditional discharge for a felony.
|
| (AA) Theft of property exceeding $500,000 and not
| | exceeding $1,000,000 in value.
|
| (BB) Laundering of criminally derived property of a
| | value exceeding $500,000.
|
| (CC) Knowingly selling, offering for sale, holding
| | for sale, or using 2,000 or more counterfeit items or counterfeit items having a retail value in the aggregate of $500,000 or more.
|
| (DD) A conviction for aggravated assault under
| | paragraph (6) of subsection (c) of Section 12-2 of the Criminal Code of 1961 or the Criminal Code of 2012 if the firearm is aimed toward the person against whom the firearm is being used.
|
| (EE) A conviction for a violation of paragraph (2) of
| | subsection (a) of Section 24-3B of the Criminal Code of 2012.
|
| (3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be imposed for a
violation of paragraph (c) of Section 6-303 of the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of this subsection (c), a
minimum of
100 hours of community service shall be imposed for a second violation of
Section 6-303
of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300 hours of community
service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
(4.4) Except as provided in paragraphs
(4.5), (4.6), and (4.9) of this
subsection (c), a
minimum term of imprisonment of 30 days or 300 hours of community service, as
determined by the court, shall
be imposed
for a third or subsequent violation of Section 6-303 of the Illinois Vehicle
Code. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(4.5) A minimum term of imprisonment of 30 days
shall be imposed for a third violation of subsection (c) of
Section 6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this subsection (c), a minimum term of imprisonment of 180 days shall be imposed for a
fourth or subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30 consecutive days, or 300 hours of community service, shall be imposed for a violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (b-5) of that Section.
(4.8) A mandatory prison sentence shall be imposed for a second violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (c-5) of that Section. The person's driving privileges shall be revoked for a period of not less than 5 years from the date of his or her release from prison.
(4.9) A mandatory prison sentence of not less than 4 and not more than 15 years shall be imposed for a third violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-2.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony shall be imposed, and the person shall be eligible for an extended term sentence, for a fourth or subsequent violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (d-3.5) of that Section. The person's driving privileges shall be revoked for the remainder of his or her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section
| |
(5.1) In addition to any other penalties imposed, and except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or privileges
suspended for at least 90 days but not more than one year, if the violation
resulted in damage to the property of another person.
(5.2) In addition to any other penalties imposed, and except as provided in paragraph (5.3), a person convicted
of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code
shall have his or her driver's license, permit, or privileges suspended for at
least 180 days but not more than 2 years, if the violation resulted in injury
to
another person.
(5.3) In addition to any other penalties imposed, a person convicted of violating subsection (c) of Section
11-907 of the Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation resulted in the
death of another person.
(5.4) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code shall have his or her driver's license, permit, or privileges suspended for 3 months and until he or she has paid a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person convicted of violating Section 3-707 of the Illinois Vehicle Code during a period in which his or her driver's license, permit, or privileges were suspended for a previous violation of that Section shall have his or her driver's license, permit, or privileges suspended for an additional 6 months after the expiration of the original 3-month suspension and until he or she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense of ritualized
abuse of a child may be sentenced to a term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a first offense
and $2,000 for a second or subsequent offense upon a person convicted of or
placed on supervision for battery when the individual harmed was a sports
official or coach at any level of competition and the act causing harm to the
sports
official or coach occurred within an athletic facility or within the immediate vicinity
of the athletic facility at which the sports official or coach was an active
participant
of the athletic contest held at the athletic facility. For the purposes of
this paragraph (11), "sports official" means a person at an athletic contest
who enforces the rules of the contest, such as an umpire or referee; "athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted;
and "coach" means a person recognized as a coach by the sanctioning
authority that conducted the sporting event.
(12) A person may not receive a disposition of court supervision for a
violation of Section 5-16 of the Boat Registration and Safety Act if that
person has previously received a disposition of court supervision for a
violation of that Section.
(13) A person convicted of or placed on court supervision for an assault or aggravated assault when the victim and the offender are family or household members as defined in Section 103 of the Illinois Domestic Violence Act of 1986 or convicted of domestic battery or aggravated domestic battery may be required to attend a Partner Abuse Intervention Program under protocols set forth by the Illinois Department of Human Services under such terms and conditions imposed by the court. The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is vacated,
the case shall be remanded to the trial court. The trial court shall
hold a hearing under Section 5-4-1 of this Code
which may include evidence of the defendant's life, moral character and
occupation during the time since the original sentence was passed. The
trial court shall then impose sentence upon the defendant. The trial
court may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of this Code.
If a sentence is vacated on appeal or on collateral attack due to the
failure of the trier of fact at trial to determine beyond a reasonable doubt
the
existence of a fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum otherwise applicable,
either the defendant may be re-sentenced to a term within the range otherwise
provided or, if the State files notice of its intention to again seek the
extended sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for
aggravated criminal sexual abuse under Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 results in conviction of a defendant
who was a family member of the victim at the time of the commission of the
offense, the court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are
| |
(A) the defendant is willing to undergo a court
| | approved counseling program for a minimum duration of 2 years; or
|
|
(B) the defendant is willing to participate in a
| | court approved plan, including, but not limited to, the defendant's:
|
|
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
| |
(iv) restitution for harm done to the victim;
| |
(v) compliance with any other measures that
| | the court may deem appropriate; and
|
|
(2) the court orders the defendant to pay for the
| | victim's counseling services, to the extent that the court finds, after considering the defendant's income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.
|
|
Probation may be revoked or modified pursuant to Section 5-6-4; except
where the court determines at the hearing that the defendant violated a
condition of his or her probation restricting contact with the victim or
other family members or commits another offense with the victim or other
family members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and "victim" shall have
the meanings ascribed to them in Section 11-0.1 of the Criminal Code of
2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 11-14.3, 11-14.4 except for an offense that involves keeping a place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012,
the defendant shall undergo medical testing to
determine whether the defendant has any sexually transmissible disease,
including a test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired immunodeficiency syndrome
(AIDS). Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test shall be kept
strictly confidential by all medical personnel involved in the testing and must
be personally delivered in a sealed envelope to the judge of the court in which
the conviction was entered for the judge's inspection in camera. Acting in
accordance with the best interests of the victim and the public, the judge
shall have the discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of the test results. The court shall
also notify the victim if requested by the victim, and if the victim is under
the age of 15 and if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of the test
results.
The court shall provide information on the availability of HIV testing
and counseling at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when possible.
The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne communicable disease, as
determined by the Illinois Department of Public Health, including, but not
limited to, tuberculosis, the results of the test shall be
personally delivered by the warden or his or her designee in a sealed envelope
to the judge of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to prevent transmission
of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under Section 1 or 2
of the Hypodermic Syringes and Needles Act, the defendant shall undergo
medical testing to determine whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified causative agent of
acquired immunodeficiency syndrome (AIDS). Except as otherwise provided by
law, the results of such test shall be kept strictly confidential by all
medical personnel involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the conviction was entered
for the judge's inspection in camera. Acting in accordance with the best
interests of the public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed. The court shall
notify the defendant of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide information on the
availability of HIV testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing are revealed and
shall direct the State's Attorney to provide the information to the victim when
possible. The court shall order that the cost of any
such test shall be paid by the county and may be taxed as costs against the
convicted defendant.
(i) All fines and penalties imposed under this Section for any violation
of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation
of the Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit
clerk as provided under the Criminal and Traffic Assessment Act.
(j) In cases when prosecution for any violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, any violation of the Illinois Controlled Substances Act,
any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a
disposition of court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the
defendant is employed by a facility or center as defined under the Child Care
Act of 1969, a public or private elementary or secondary school, or otherwise
works with children under 18 years of age on a daily basis. When a defendant
is so employed, the court shall order the Clerk of the Court to send a copy of
the judgment of conviction or order of supervision or probation to the
defendant's employer by certified mail.
If the employer of the defendant is a school, the Clerk of the Court shall
direct the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional superintendent of schools.
The regional superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted of a felony and
who has not been previously convicted of a misdemeanor or felony and who is
sentenced to a term of imprisonment in the Illinois Department of Corrections
shall as a condition of his or her sentence be required by the court to attend
educational courses designed to prepare the defendant for a high school diploma
and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward
completing a vocational training program offered by the Department of
Corrections. If a defendant fails to complete the educational training
required by his or her sentence during the term of incarceration, the Prisoner
Review Board shall, as a condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of study toward a high
school diploma or passage of high school equivalency testing. The Prisoner Review Board shall
revoke the mandatory supervised release of a defendant who wilfully fails to
comply with this subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release term; however,
the inability of the defendant after making a good faith effort to obtain
financial aid or pay for the educational training shall not be deemed a wilful
failure to comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under this subsection
(j-5) as provided in Section 3-3-9. This subsection (j-5) does not apply to a
defendant who has a high school diploma or has successfully passed high school equivalency testing. This subsection (j-5) does not apply to a defendant who is determined by
the court to be a person with a developmental disability or otherwise mentally incapable of
completing the educational or vocational program.
(k) (Blank).
(l)(A) Except as provided
in paragraph (C) of subsection (l), whenever a defendant,
who is not a citizen or national of the United States, is convicted
of any felony or misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in abeyance and remand
the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be deported when:
(1) a final order of deportation has been issued
| | against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
|
|
(2) the deportation of the defendant would not
| | deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
|
|
Otherwise, the defendant shall be sentenced as provided in this Chapter V.
(B) If the defendant has already been sentenced for a felony or
misdemeanor
offense, or has been placed on probation under Section 10 of the Cannabis
Control Act,
Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act, the court
may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the Attorney General
of the United States or his or her designated agent when:
(1) a final order of deportation has been issued
| | against the defendant pursuant to proceedings under the Immigration and Nationality Act, and
|
|
(2) the deportation of the defendant would not
| | deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice.
|
|
(C) This subsection (l) does not apply to offenders who are subject to the
provisions of paragraph (2) of subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant sentenced under
this Section returns to the jurisdiction of the United States, the defendant
shall be recommitted to the custody of the county from which he or she was
sentenced.
Thereafter, the defendant shall be brought before the sentencing court, which
may impose any sentence that was available under Section 5-5-3 at the time of
initial sentencing. In addition, the defendant shall not be eligible for
additional earned sentence credit as provided under
Section 3-6-3.
(m) A person convicted of criminal defacement of property under Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the property damage exceeds $300
and the property damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or painting over the
defacement.
(n) The court may sentence a person convicted of a violation of Section
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for that program
under Section 5-8-1.1, (ii) to community service, or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, the defendant's driver's license or permit shall be subject to renewal on an annual basis in accordance with the provisions of license renewal established by the Secretary of State.
(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. 1-1-24 .)
|
730 ILCS 5/5-5-3.1
(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
Sec. 5-5-3.1. Factors in mitigation.
(a) The following
grounds shall be accorded weight in favor of withholding or
minimizing a sentence of imprisonment:
(1) The defendant's criminal conduct neither caused | | nor threatened serious physical harm to another.
|
|
(2) The defendant did not contemplate that his
| | criminal conduct would cause or threaten serious physical harm to another.
|
|
(3) The defendant acted under a strong provocation.
(4) There were substantial grounds tending to excuse
| | or justify the defendant's criminal conduct, though failing to establish a defense.
|
|
(5) The defendant's criminal conduct was induced or
| | facilitated by someone other than the defendant.
|
|
(6) The defendant has compensated or will compensate
| | the victim of his criminal conduct for the damage or injury that he sustained.
|
|
(7) The defendant has no history of prior delinquency
| | or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.
|
|
(8) The defendant's criminal conduct was the result
| | of circumstances unlikely to recur.
|
|
(9) The character and attitudes of the defendant
| | indicate that he is unlikely to commit another crime.
|
|
(10) The defendant is particularly likely to comply
| | with the terms of a period of probation.
|
|
(11) (Blank).
(12) The imprisonment of the defendant would endanger
| | his or her medical condition.
|
|
(13) The defendant was a person with an intellectual
| | disability as defined in Section 5-1-13 of this Code.
|
|
(14) The defendant sought or obtained emergency
| | medical assistance for an overdose and was convicted of a Class 3 felony or higher possession, manufacture, or delivery of a controlled, counterfeit, or look-alike substance or a controlled substance analog under the Illinois Controlled Substances Act or a Class 2 felony or higher possession, manufacture or delivery of methamphetamine under the Methamphetamine Control and Community Protection Act.
|
| (15) At the time of the offense, the defendant is or
| | had been the victim of domestic violence and the effects of the domestic violence tended to excuse or justify the defendant's criminal conduct. As used in this paragraph (15), "domestic violence" means abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986.
|
| (16) At the time of the offense, the defendant was
| | suffering from a serious mental illness which, though insufficient to establish the defense of insanity, substantially affected his or her ability to understand the nature of his or her acts or to conform his or her conduct to the requirements of the law.
|
| (17) At the time of the offense, the defendant was
| | suffering from post-partum depression or post-partum psychosis which was either undiagnosed or untreated, or both, and this temporary mental illness tended to excuse or justify the defendant's criminal conduct and the defendant has been diagnosed as suffering from post-partum depression or post-partum psychosis, or both, by a qualified medical person and the diagnoses or testimony, or both, was not used at trial. In this paragraph (17):
|
| "Post-partum depression" means a mood disorder
| | which strikes many women during and after pregnancy which usually occurs during pregnancy and up to 12 months after delivery. This depression can include anxiety disorders.
|
| "Post-partum psychosis" means an extreme form of
| | post-partum depression which can occur during pregnancy and up to 12 months after delivery. This can include losing touch with reality, distorted thinking, delusions, auditory and visual hallucinations, paranoia, hyperactivity and rapid speech, or mania.
|
| (18) The defendant is pregnant or is the parent of a
| | child or infant whose well-being will be negatively affected by the parent's absence. Circumstances to be considered in assessing this factor in mitigation include:
|
| (A) that the parent is breastfeeding the child;
(B) the age of the child, with strong
| | consideration given to avoid disruption of the caregiving of an infant, pre-school or school-age child by a parent;
|
| (C) the role of the parent in the day-to-day
| | educational and medical needs of the child;
|
| (D) the relationship of the parent and the child;
(E) any special medical, educational, or
| | psychological needs of the child;
|
| (F) the role of the parent in the financial
| | (G) the likelihood that the child will be
| | adjudged a dependent minor under Section 2-4 and declared a ward of the court under Section 2-22 of the Juvenile Court Act of 1987;
|
| (H) the best interest of the child.
Under this Section, the defendant shall have the
| | right to present a Family Impact Statement at sentencing, which the court shall consider in favor of withholding or minimizing a sentence of imprisonment prior to imposing any sentence and may include testimony from family and community members, written statements, video, and documentation. Unless the court finds that the parent poses a significant risk to the community that outweighs the risk of harm from the parent's removal from the family, the court shall impose a sentence in accordance with subsection (b) that allows the parent to continue to care for the child or children.
|
| (19) The defendant serves as the caregiver for a
| | relative who is ill, disabled, or elderly.
|
| (b) If the court, having due regard for the character of the
offender, the nature and circumstances of the offense and the
public interest finds that a sentence of imprisonment is the
most appropriate disposition of the offender, or where other
provisions of this Code mandate the imprisonment of the offender,
the grounds listed in paragraph (a) of this subsection shall be
considered as factors in mitigation of the term imposed.
(Source: P.A. 101-471, eff. 1-1-20; 102-211, eff. 1-1-22 .)
|
730 ILCS 5/5-5-3.2
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in aggravation and extended-term sentencing.
(a) The following factors shall be accorded weight in favor of
imposing a term of imprisonment or may be considered by the court as reasons
to impose a more severe sentence under Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened | |
(2) the defendant received compensation for
| |
(3) the defendant has a history of prior delinquency
| |
(4) the defendant, by the duties of his office or by
| | his position, was obliged to prevent the particular offense committed or to bring the offenders committing it to justice;
|
|
(5) the defendant held public office at the time of
| | the offense, and the offense related to the conduct of that office;
|
|
(6) the defendant utilized his professional
| | reputation or position in the community to commit the offense, or to afford him an easier means of committing it;
|
|
(7) the sentence is necessary to deter others from
| | committing the same crime;
|
|
(8) the defendant committed the offense against a
| | person 60 years of age or older or such person's property;
|
|
(9) the defendant committed the offense against a
| | person who has a physical disability or such person's property;
|
|
(10) by reason of another individual's actual or
| | perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin, the defendant committed the offense against (i) the person or property of that individual; (ii) the person or property of a person who has an association with, is married to, or has a friendship with the other individual; or (iii) the person or property of a relative (by blood or marriage) of a person described in clause (i) or (ii). For the purposes of this Section, "sexual orientation" has the meaning ascribed to it in paragraph (O-1) of Section 1-103 of the Illinois Human Rights Act;
|
|
(11) the offense took place in a place of worship or
| | on the grounds of a place of worship, immediately prior to, during or immediately following worship services. For purposes of this subparagraph, "place of worship" shall mean any church, synagogue or other building, structure or place used primarily for religious worship;
|
|
(12) the defendant was convicted of a felony
| | committed while he was on pretrial release or his own recognizance pending trial for a prior felony and was convicted of such prior felony, or the defendant was convicted of a felony committed while he was serving a period of probation, conditional discharge, or mandatory supervised release under subsection (d) of Section 5-8-1 for a prior felony;
|
|
(13) the defendant committed or attempted to commit a
| | felony while he was wearing a bulletproof vest. For the purposes of this paragraph (13), a bulletproof vest is any device which is designed for the purpose of protecting the wearer from bullets, shot or other lethal projectiles;
|
|
(14) the defendant held a position of trust or
| | supervision such as, but not limited to, family member as defined in Section 11-0.1 of the Criminal Code of 2012, teacher, scout leader, baby sitter, or day care worker, in relation to a victim under 18 years of age, and the defendant committed an offense in violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 11-14.4 except for an offense that involves keeping a place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 against that victim;
|
|
(15) the defendant committed an offense related to
| | the activities of an organized gang. For the purposes of this factor, "organized gang" has the meaning ascribed to it in Section 10 of the Streetgang Terrorism Omnibus Prevention Act;
|
|
(16) the defendant committed an offense in violation
| | of one of the following Sections while in a school, regardless of the time of day or time of year; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012;
|
|
(16.5) the defendant committed an offense in
| | violation of one of the following Sections while in a day care center, regardless of the time of day or time of year; on the real property of a day care center, regardless of the time of day or time of year; or on a public way within 1,000 feet of the real property comprising any day care center, regardless of the time of day or time of year: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012;
|
|
(17) the defendant committed the offense by reason of
| | any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 2012;
|
|
(18) the defendant committed the offense in a nursing
| | home or on the real property comprising a nursing home. For the purposes of this paragraph (18), "nursing home" means a skilled nursing or intermediate long term care facility that is subject to license by the Illinois Department of Public Health under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act;
|
|
(19) the defendant was a federally licensed firearm
| | dealer and was previously convicted of a violation of subsection (a) of Section 3 of the Firearm Owners Identification Card Act and has now committed either a felony violation of the Firearm Owners Identification Card Act or an act of armed violence while armed with a firearm;
|
| (20) the defendant (i) committed the offense of
| | reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or the offense of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code;
|
|
(21) the defendant (i) committed the offense of
| | reckless driving or aggravated reckless driving under Section 11-503 of the Illinois Vehicle Code and (ii) was operating a motor vehicle in excess of 20 miles per hour over the posted speed limit as provided in Article VI of Chapter 11 of the Illinois Vehicle Code;
|
| (22) the defendant committed the offense against a
| | person that the defendant knew, or reasonably should have known, was a member of the Armed Forces of the United States serving on active duty. For purposes of this clause (22), the term "Armed Forces" means any of the Armed Forces of the United States, including a member of any reserve component thereof or National Guard unit called to active duty;
|
| (23) the defendant committed the offense against a
| | person who was elderly or infirm or who was a person with a disability by taking advantage of a family or fiduciary relationship with the elderly or infirm person or person with a disability;
|
| (24) the defendant committed any offense under
| | Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 and possessed 100 or more images;
|
| (25) the defendant committed the offense while the
| | defendant or the victim was in a train, bus, or other vehicle used for public transportation;
|
| (26) the defendant committed the offense of child
| | pornography or aggravated child pornography, specifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012 where a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context and specifically including paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1B or Section 11-20.3 of the Criminal Code of 1961 where a child engaged in, solicited for, depicted in, or posed in any act of sexual penetration or bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in a sexual context;
|
| (27) the defendant committed the offense of first
| | degree murder, assault, aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery against a person who was a veteran and the defendant knew, or reasonably should have known, that the person was a veteran performing duties as a representative of a veterans' organization. For the purposes of this paragraph (27), "veteran" means an Illinois resident who has served as a member of the United States Armed Forces, a member of the Illinois National Guard, or a member of the United States Reserve Forces; and "veterans' organization" means an organization comprised of members of which substantially all are individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit;
|
| (28) the defendant committed the offense of assault,
| | aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated robbery against a person that the defendant knew or reasonably should have known was a letter carrier or postal worker while that person was performing his or her duties delivering mail for the United States Postal Service;
|
| (29) the defendant committed the offense of criminal
| | sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse against a victim with an intellectual disability, and the defendant holds a position of trust, authority, or supervision in relation to the victim;
|
| (30) the defendant committed the offense of promoting
| | juvenile prostitution, patronizing a prostitute, or patronizing a minor engaged in prostitution and at the time of the commission of the offense knew that the prostitute or minor engaged in prostitution was in the custody or guardianship of the Department of Children and Family Services;
|
| (31) the defendant (i) committed the offense of
| | driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof in violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance and (ii) the defendant during the commission of the offense was driving his or her vehicle upon a roadway designated for one-way traffic in the opposite direction of the direction indicated by official traffic control devices;
|
| (32) the defendant committed the offense of reckless
| | homicide while committing a violation of Section 11-907 of the Illinois Vehicle Code;
|
| (33) the defendant was found guilty of an
| | administrative infraction related to an act or acts of public indecency or sexual misconduct in the penal institution. In this paragraph (33), "penal institution" has the same meaning as in Section 2-14 of the Criminal Code of 2012; or
|
| (34) the defendant committed the offense of leaving
| | the scene of a crash in violation of subsection (b) of Section 11-401 of the Illinois Vehicle Code and the crash resulted in the death of a person and at the time of the offense, the defendant was: (i) driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof as defined by Section 11-501 of the Illinois Vehicle Code; or (ii) operating the motor vehicle while using an electronic communication device as defined in Section 12-610.2 of the Illinois Vehicle Code.
|
| For the purposes of this Section:
"School" is defined as a public or private
elementary or secondary school, community college, college, or university.
"Day care center" means a public or private State certified and
licensed day care center as defined in Section 2.09 of the Child Care Act of
1969 that displays a sign in plain view stating that the
property is a day care center.
"Intellectual disability" means significantly subaverage intellectual functioning which exists concurrently
with impairment in adaptive behavior.
"Public transportation" means the transportation
or conveyance of persons by means available to the general public, and includes paratransit services.
"Traffic control devices" means all signs, signals, markings, and devices that conform to the Illinois Manual on Uniform Traffic Control Devices, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
upon any offender:
(1) When a defendant is convicted of any felony,
| | after having been previously convicted in Illinois or any other jurisdiction of the same or similar class felony or greater class felony, when such conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and such charges are separately brought and tried and arise out of different series of acts; or
|
|
(2) When a defendant is convicted of any felony and
| | the court finds that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty; or
|
|
(3) When a defendant is convicted of any felony
| |
(i) a person under 12 years of age at the time of
| | the offense or such person's property;
|
|
(ii) a person 60 years of age or older at the
| | time of the offense or such person's property; or
|
|
(iii) a person who had a physical disability at
| | the time of the offense or such person's property; or
|
|
(4) When a defendant is convicted of any felony and
| | the offense involved any of the following types of specific misconduct committed as part of a ceremony, rite, initiation, observance, performance, practice or activity of any actual or ostensible religious, fraternal, or social group:
|
|
(i) the brutalizing or torturing of humans or
| |
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
| | fraternal, business, governmental, educational, or other building or property; or
|
|
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
| | than conspiracy and the court finds that the felony was committed under an agreement with 2 or more other persons to commit that offense and the defendant, with respect to the other individuals, occupied a position of organizer, supervisor, financier, or any other position of management or leadership, and the court further finds that the felony committed was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's leadership in an organized gang; or
|
|
(6) When a defendant is convicted of an offense
| | committed while using a firearm with a laser sight attached to it. For purposes of this paragraph, "laser sight" has the meaning ascribed to it in Section 26-7 of the Criminal Code of 2012; or
|
|
(7) When a defendant who was at least 17 years of age
| | at the time of the commission of the offense is convicted of a felony and has been previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a Class X or Class 1 felony when the conviction has occurred within 10 years after the previous adjudication, excluding time spent in custody; or
|
|
(8) When a defendant commits any felony and the
| | defendant used, possessed, exercised control over, or otherwise directed an animal to assault a law enforcement officer engaged in the execution of his or her official duties or in furtherance of the criminal activities of an organized gang in which the defendant is engaged; or
|
|
(9) When a defendant commits any felony and the
| | defendant knowingly video or audio records the offense with the intent to disseminate the recording.
|
| (c) The following factors may be considered by the court as reasons to impose an extended term sentence under Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree
| | murder, after having been previously convicted in Illinois of any offense listed under paragraph (c)(2) of Section 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred within 10 years after the previous conviction, excluding time spent in custody, and the charges are separately brought and tried and arise out of different series of acts.
|
| (1.5) When a defendant is convicted of first degree
| | murder, after having been previously convicted of domestic battery (720 ILCS 5/12-3.2) or aggravated domestic battery (720 ILCS 5/12-3.3) committed on the same victim or after having been previously convicted of violation of an order of protection (720 ILCS 5/12-30) in which the same victim was the protected person.
|
| (2) When a defendant is convicted of voluntary
| | manslaughter, second degree murder, involuntary manslaughter, or reckless homicide in which the defendant has been convicted of causing the death of more than one individual.
|
| (3) When a defendant is convicted of aggravated
| | criminal sexual assault or criminal sexual assault, when there is a finding that aggravated criminal sexual assault or criminal sexual assault was also committed on the same victim by one or more other individuals, and the defendant voluntarily participated in the crime with the knowledge of the participation of the others in the crime, and the commission of the crime was part of a single course of conduct during which there was no substantial change in the nature of the criminal objective.
|
| (4) If the victim was under 18 years of age at the
| | time of the commission of the offense, when a defendant is convicted of aggravated criminal sexual assault or predatory criminal sexual assault of a child under subsection (a)(1) of Section 11-1.40 or subsection (a)(1) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
|
| (5) When a defendant is convicted of a felony
| | violation of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a finding that the defendant is a member of an organized gang.
|
| (6) When a defendant was convicted of unlawful use
| | of weapons under Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing a weapon that is not readily distinguishable as one of the weapons enumerated in Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
|
| (7) When a defendant is convicted of an offense
| | involving the illegal manufacture of a controlled substance under Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), the illegal manufacture of methamphetamine under Section 25 of the Methamphetamine Control and Community Protection Act (720 ILCS 646/25), or the illegal possession of explosives and an emergency response officer in the performance of his or her duties is killed or injured at the scene of the offense while responding to the emergency caused by the commission of the offense. In this paragraph, "emergency" means a situation in which a person's life, health, or safety is in jeopardy; and "emergency response officer" means a peace officer, community policing volunteer, fireman, emergency medical technician-ambulance, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance driver, other medical assistance or first aid personnel, or hospital emergency room personnel.
|
| (8) When the defendant is convicted of attempted mob
| | action, solicitation to commit mob action, or conspiracy to commit mob action under Section 8-1, 8-2, or 8-4 of the Criminal Code of 2012, where the criminal object is a violation of Section 25-1 of the Criminal Code of 2012, and an electronic communication is used in the commission of the offense. For the purposes of this paragraph (8), "electronic communication" shall have the meaning provided in Section 26.5-0.1 of the Criminal Code of 2012.
|
| (d) For the purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(e) The court may impose an extended term sentence under Article 4.5 of Chapter V upon an offender who has been convicted of a felony violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 when the victim of the offense is under 18 years of age at the time of the commission of the offense and, during the commission of the offense, the victim was under the influence of alcohol, regardless of whether or not the alcohol was supplied by the offender; and the offender, at the time of the commission of the offense, knew or should have known that the victim had consumed alcohol.
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 8-20-21; 102-982, eff. 7-1-23 .)
|
730 ILCS 5/5-5-4
(730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4)
Sec. 5-5-4. Resentences.
(a) Where a conviction or sentence has been set aside on direct review
or on collateral attack, the court shall not impose a new sentence for the same
offense or for a different offense based on the same conduct which is more
severe than the prior sentence less the portion of the prior sentence
previously satisfied unless the more severe sentence is based upon conduct
on the part of the defendant occurring after the original sentencing.
If a sentence is vacated on appeal or on collateral attack due to the
failure of the trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction) necessary to increase
the
punishment for the offense beyond the statutory maximum otherwise applicable,
either the defendant may be re-sentenced to a term within the range otherwise
provided or, if the State files notice of its intention to again seek the
extended sentence, the defendant shall be afforded a new trial.
(b) If a conviction or sentence has been set aside on direct review or on
collateral attack and
the court determines by clear and convincing evidence that the defendant was
factually innocent of the
charge, the court shall enter an order expunging the record of arrest from the
official records of the
arresting authority and order that the records of the clerk of the circuit
court and Illinois State Police be sealed until further order of the court upon good cause shown
or as otherwise provided
herein, and the name of the defendant obliterated from the official index
requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts Act in connection
with the arrest and
conviction for the offense but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. The court shall enter the expungement order regardless of whether the defendant has prior criminal convictions.
All records sealed by the Illinois State Police may be
disseminated by the Department only as required by law or to the arresting
authority, the State's Attorney, the court upon a later arrest for the same or
similar offense, or for the purpose of sentencing for any subsequent felony.
Upon conviction for any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department
pertaining to that individual.
Upon entry of the order of expungement, the clerk of the circuit court shall
promptly mail a copy of the order to the person whose records were expunged and
sealed. (c) If a conviction has been vacated as a result of a claim of actual innocence based on newly discovered evidence made under Section 122-1 of the Code of Criminal Procedure of 1963 or Section 2-1401 of the Code of Civil Procedure, and the provisions of paragraphs (1) and (2) of subsection (g) of Section 2-702 of the Code of Civil Procedure are otherwise satisfied, the court shall enter an order for a certificate of innocence and an order expunging the conviction for which the petitioner has been determined to be innocent as provided in subsection (h) of Section 2-702 of the Code of Civil Procedure.
(Source: P.A. 102-538, eff. 8-20-21.)
|
730 ILCS 5/5-5-4.1
(730 ILCS 5/5-5-4.1) (from Ch. 38, par. 1005-5-4.1)
Sec. 5-5-4.1.
Appeal.
The
defendant has the right of appeal in all cases from sentences
entered on conviction of first degree murder or any other Class of felony.
(Source: P.A. 84-1450.)
|
730 ILCS 5/5-5-4.2
(730 ILCS 5/5-5-4.2) (from Ch. 38, par. 1005-5-4.2)
Sec. 5-5-4.2.
Statewide Sentence Equalization
Procedures.) The Supreme Court may by rule, not inconsistent
with law, prescribe such practices and procedures as will
promote a uniformity and parity of sentences within and among
the various circuit courts and appellate court districts.
(Source: P.A. 80-1099.)
|
730 ILCS 5/5-5-4.3
(730 ILCS 5/5-5-4.3)
Sec. 5-5-4.3. (Repealed).
(Source: P.A. 95-1052, eff. 7-1-09. Repealed by P.A. 97-800, eff. 7-13-12.)
|
|
|
|