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| [ Introduced ] | [ House Amendment 001 ] |
90_HB1046eng
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/20-2 from Ch. 38, par. 20-2
720 ILCS 5/26-1 from Ch. 38, par. 26-1
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
Amends the Criminal Code of 1961. Provides that it is an
aggravating factor for which the death penalty may be imposed
that the murdered individual was killed as the result of the
explosion of a bomb or other explosive device or as a result
of the igniting of any incendiary device or flammable
substance. Changes the penalty for possession of explosives
or incendiary devices from a Class 2 to a Class 1 felony with
a sentence of at least 4 and no more than 30 years. Provides
that making a false alarm as to an explosive or bomb is a
Class 3 felony with a fine of not less than $3,000 and no
more than $10,000 in addition to other penalties. Amends the
Unified Code of Corrections. Provides that a prisoner
serving sentence for possession of explosives or explosive or
incendiary devices or aggravated arson shall receive no more
than 4.5 days of good conduct credit for each month of his or
her sentence of imprisonment.
LRB9002576RCksA
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1 AN ACT in relation to offenses committed with explosives,
2 incendiary devices, or flammable substances.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 9-1, 12-4.1, 20-2, and 26-1 and adding
7 Section 12-4.2-5 and Article 20.5 as follows:
8 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
9 Sec. 9-1. First degree Murder - Death penalties -
10 Exceptions - Separate Hearings - Proof - Findings - Appellate
11 procedures - Reversals.
12 (a) A person who kills an individual without lawful
13 justification commits first degree murder if, in performing
14 the acts which cause the death:
15 (1) he either intends to kill or do great bodily
16 harm to that individual or another, or knows that such
17 acts will cause death to that individual or another; or
18 (2) he knows that such acts create a strong
19 probability of death or great bodily harm to that
20 individual or another; or
21 (3) he is attempting or committing a forcible
22 felony other than second degree murder.
23 (b) Aggravating Factors. A defendant who at the time of
24 the commission of the offense has attained the age of 18 or
25 more and who has been found guilty of first degree murder may
26 be sentenced to death if:
27 (1) the murdered individual was a peace officer or
28 fireman killed in the course of performing his official
29 duties, to prevent the performance of his official
30 duties, or in retaliation for performing his official
31 duties, and the defendant knew or should have known that
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1 the murdered individual was a peace officer or fireman;
2 or
3 (2) the murdered individual was an employee of an
4 institution or facility of the Department of Corrections,
5 or any similar local correctional agency, killed in the
6 course of performing his official duties, to prevent the
7 performance of his official duties, or in retaliation for
8 performing his official duties, or the murdered
9 individual was an inmate at such institution or facility
10 and was killed on the grounds thereof, or the murdered
11 individual was otherwise present in such institution or
12 facility with the knowledge and approval of the chief
13 administrative officer thereof; or
14 (3) the defendant has been convicted of murdering
15 two or more individuals under subsection (a) of this
16 Section or under any law of the United States or of any
17 state which is substantially similar to subsection (a) of
18 this Section regardless of whether the deaths occurred
19 as the result of the same act or of several related or
20 unrelated acts so long as the deaths were the result of
21 either an intent to kill more than one person or of
22 separate acts which the defendant knew would cause death
23 or create a strong probability of death or great bodily
24 harm to the murdered individual or another; or
25 (4) the murdered individual was killed as a result
26 of the hijacking of an airplane, train, ship, bus or
27 other public conveyance; or
28 (5) the defendant committed the murder pursuant to
29 a contract, agreement or understanding by which he was to
30 receive money or anything of value in return for
31 committing the murder or procured another to commit the
32 murder for money or anything of value; or
33 (6) the murdered individual was killed in the
34 course of another felony if:
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1 (a) the murdered individual:
2 (i) was actually killed by the defendant,
3 or
4 (ii) received physical injuries
5 personally inflicted by the defendant
6 substantially contemporaneously with physical
7 injuries caused by one or more persons for
8 whose conduct the defendant is legally
9 accountable under Section 5-2 of this Code, and
10 the physical injuries inflicted by either the
11 defendant or the other person or persons for
12 whose conduct he is legally accountable caused
13 the death of the murdered individual; and
14 (b) in performing the acts which caused the
15 death of the murdered individual or which resulted
16 in physical injuries personally inflicted by the
17 defendant on the murdered individual under the
18 circumstances of subdivision (ii) of subparagraph
19 (a) of paragraph (6) of subsection (b) of this
20 Section, the defendant acted with the intent to kill
21 the murdered individual or with the knowledge that
22 his acts created a strong probability of death or
23 great bodily harm to the murdered individual or
24 another; and
25 (c) the other felony was one of the following:
26 armed robbery, armed violence, robbery, predatory
27 criminal sexual assault of a child, aggravated
28 criminal sexual assault, aggravated kidnapping,
29 aggravated vehicular hijacking, forcible detention,
30 arson, aggravated arson, aggravated stalking,
31 burglary, residential burglary, home invasion,
32 calculated criminal drug conspiracy as defined in
33 Section 405 of the Illinois Controlled Substances
34 Act, streetgang criminal drug conspiracy as defined
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1 in Section 405.2 of the Illinois Controlled
2 Substances Act, or the attempt to commit any of the
3 felonies listed in this subsection (c); or
4 (7) the murdered individual was under 12 years of
5 age and the death resulted from exceptionally brutal or
6 heinous behavior indicative of wanton cruelty; or
7 (8) the defendant committed the murder with intent
8 to prevent the murdered individual from testifying in any
9 criminal prosecution or giving material assistance to the
10 State in any investigation or prosecution, either against
11 the defendant or another; or the defendant committed the
12 murder because the murdered individual was a witness in
13 any prosecution or gave material assistance to the State
14 in any investigation or prosecution, either against the
15 defendant or another; or
16 (9) the defendant, while committing an offense
17 punishable under Sections 401, 401.1, 401.2, 405, 405.2,
18 407 or 407.1 or subsection (b) of Section 404 of the
19 Illinois Controlled Substances Act, or while engaged in a
20 conspiracy or solicitation to commit such offense,
21 intentionally killed an individual or counseled,
22 commanded, induced, procured or caused the intentional
23 killing of the murdered individual; or
24 (10) the defendant was incarcerated in an
25 institution or facility of the Department of Corrections
26 at the time of the murder, and while committing an
27 offense punishable as a felony under Illinois law, or
28 while engaged in a conspiracy or solicitation to commit
29 such offense, intentionally killed an individual or
30 counseled, commanded, induced, procured or caused the
31 intentional killing of the murdered individual; or
32 (11) the murder was committed in a cold, calculated
33 and premeditated manner pursuant to a preconceived plan,
34 scheme or design to take a human life by unlawful means,
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1 and the conduct of the defendant created a reasonable
2 expectation that the death of a human being would result
3 therefrom; or
4 (12) the murdered individual was an emergency
5 medical technician - ambulance, emergency medical
6 technician - intermediate, emergency medical technician -
7 paramedic, ambulance driver, or other medical assistance
8 or first aid personnel, employed by a municipality or
9 other governmental unit, killed in the course of
10 performing his official duties, to prevent the
11 performance of his official duties, or in retaliation for
12 performing his official duties, and the defendant knew or
13 should have known that the murdered individual was an
14 emergency medical technician - ambulance, emergency
15 medical technician - intermediate, emergency medical
16 technician - paramedic, ambulance driver, or other
17 medical assistance or first aid personnel; or
18 (13) the defendant was a principal administrator,
19 organizer, or leader of a calculated criminal drug
20 conspiracy consisting of a hierarchical position of
21 authority superior to that of all other members of the
22 conspiracy, and the defendant counseled, commanded,
23 induced, procured, or caused the intentional killing of
24 the murdered person; or
25 (14) the murder was intentional and involved the
26 infliction of torture. For the purpose of this Section
27 torture means the infliction of or subjection to extreme
28 physical pain, motivated by an intent to increase or
29 prolong the pain, suffering or agony of the victim; or
30 (15) the murder was committed as a result of the
31 intentional discharge of a firearm by the defendant from
32 a motor vehicle and the victim was not present within the
33 motor vehicle; or.
34 (16) the murdered individual was killed as the
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1 result of the intentional explosion of a bomb or other
2 explosive device or as the result of the intentional
3 igniting of any incendiary device or flammable substance;
4 or
5 (17) the murdered individual was killed as the
6 result of the intentional release of poisonous gas; or
7 (18) the murdered individual was killed as the
8 result of the intentional discharge of a machine gun as
9 defined in clause (i) of paragraph (7) of subsection (a)
10 of Section 24-1 of this Code; or
11 (19) the murdered individual was killed as the
12 result of the intentional discharge of a firearm that, at
13 the time of the discharge, was equipped with any device
14 or attachment designed or used for silencing the report
15 of the firearm; or
16 (20) the murdered individual was killed as the
17 result of the intentional release of any biological or
18 chemical contaminant or agent or the intentional exposure
19 of any person to a radioactive substance.
20 (c) Consideration of factors in Aggravation and
21 Mitigation.
22 The court shall consider, or shall instruct the jury to
23 consider any aggravating and any mitigating factors which are
24 relevant to the imposition of the death penalty. Aggravating
25 factors may include but need not be limited to those factors
26 set forth in subsection (b). Mitigating factors may include
27 but need not be limited to the following:
28 (1) the defendant has no significant history of
29 prior criminal activity;
30 (2) the murder was committed while the defendant
31 was under the influence of extreme mental or emotional
32 disturbance, although not such as to constitute a defense
33 to prosecution;
34 (3) the murdered individual was a participant in
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1 the defendant's homicidal conduct or consented to the
2 homicidal act;
3 (4) the defendant acted under the compulsion of
4 threat or menace of the imminent infliction of death or
5 great bodily harm;
6 (5) the defendant was not personally present during
7 commission of the act or acts causing death.
8 (d) Separate sentencing hearing.
9 Where requested by the State, the court shall conduct a
10 separate sentencing proceeding to determine the existence of
11 factors set forth in subsection (b) and to consider any
12 aggravating or mitigating factors as indicated in subsection
13 (c). The proceeding shall be conducted:
14 (1) before the jury that determined the defendant's
15 guilt; or
16 (2) before a jury impanelled for the purpose of the
17 proceeding if:
18 A. the defendant was convicted upon a plea of
19 guilty; or
20 B. the defendant was convicted after a trial
21 before the court sitting without a jury; or
22 C. the court for good cause shown discharges
23 the jury that determined the defendant's guilt; or
24 (3) before the court alone if the defendant waives
25 a jury for the separate proceeding.
26 (e) Evidence and Argument.
27 During the proceeding any information relevant to any of
28 the factors set forth in subsection (b) may be presented by
29 either the State or the defendant under the rules governing
30 the admission of evidence at criminal trials. Any
31 information relevant to any additional aggravating factors or
32 any mitigating factors indicated in subsection (c) may be
33 presented by the State or defendant regardless of its
34 admissibility under the rules governing the admission of
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1 evidence at criminal trials. The State and the defendant
2 shall be given fair opportunity to rebut any information
3 received at the hearing.
4 (f) Proof.
5 The burden of proof of establishing the existence of any
6 of the factors set forth in subsection (b) is on the State
7 and shall not be satisfied unless established beyond a
8 reasonable doubt.
9 (g) Procedure - Jury.
10 If at the separate sentencing proceeding the jury finds
11 that none of the factors set forth in subsection (b) exists,
12 the court shall sentence the defendant to a term of
13 imprisonment under Chapter V of the Unified Code of
14 Corrections. If there is a unanimous finding by the jury
15 that one or more of the factors set forth in subsection (b)
16 exist, the jury shall consider aggravating and mitigating
17 factors as instructed by the court and shall determine
18 whether the sentence of death shall be imposed. If the jury
19 determines unanimously that there are no mitigating factors
20 sufficient to preclude the imposition of the death sentence,
21 the court shall sentence the defendant to death.
22 Unless the jury unanimously finds that there are no
23 mitigating factors sufficient to preclude the imposition of
24 the death sentence the court shall sentence the defendant to
25 a term of imprisonment under Chapter V of the Unified Code of
26 Corrections.
27 (h) Procedure - No Jury.
28 In a proceeding before the court alone, if the court
29 finds that none of the factors found in subsection (b)
30 exists, the court shall sentence the defendant to a term of
31 imprisonment under Chapter V of the Unified Code of
32 Corrections.
33 If the Court determines that one or more of the factors
34 set forth in subsection (b) exists, the Court shall consider
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1 any aggravating and mitigating factors as indicated in
2 subsection (c). If the Court determines that there are no
3 mitigating factors sufficient to preclude the imposition of
4 the death sentence, the Court shall sentence the defendant to
5 death.
6 Unless the court finds that there are no mitigating
7 factors sufficient to preclude the imposition of the sentence
8 of death, the court shall sentence the defendant to a term of
9 imprisonment under Chapter V of the Unified Code of
10 Corrections.
11 (i) Appellate Procedure.
12 The conviction and sentence of death shall be subject to
13 automatic review by the Supreme Court. Such review shall be
14 in accordance with rules promulgated by the Supreme Court.
15 (j) Disposition of reversed death sentence.
16 In the event that the death penalty in this Act is held
17 to be unconstitutional by the Supreme Court of the United
18 States or of the State of Illinois, any person convicted of
19 first degree murder shall be sentenced by the court to a term
20 of imprisonment under Chapter V of the Unified Code of
21 Corrections.
22 In the event that any death sentence pursuant to the
23 sentencing provisions of this Section is declared
24 unconstitutional by the Supreme Court of the United States or
25 of the State of Illinois, the court having jurisdiction over
26 a person previously sentenced to death shall cause the
27 defendant to be brought before the court, and the court shall
28 sentence the defendant to a term of imprisonment under
29 Chapter V of the Unified Code of Corrections.
30 (Source: P.A. 88-176; 88-433; 88-670, eff. 12-2-94; 88-677,
31 eff. 12-15-94; 88-678, eff. 7-1-95; 89-235, eff. 8-4-95;
32 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
33 6-27-96.)
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1 (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
2 Sec. 12-4.1. Heinous Battery.
3 (a) A person who, in committing a battery, knowingly
4 causes severe and permanent disability or disfigurement by
5 means of a caustic or flammable substance, a poisonous or
6 noxious gas, a biological or chemical contaminant or agent, a
7 radioactive substance, or a bomb or explosive compound
8 commits heinous battery.
9 (b) Sentence. Heinous battery is a Class X felony for
10 which a person shall be sentenced to a term of imprisonment
11 of no less than 12 years and no more than 45 years.
12 (Source: P.A. 88-285.)
13 (720 ILCS 5/12-4.2-5 new)
14 Sec. 12-4.2-5. Aggravated battery with a machine gun or
15 a firearm equipped with any device or attachment designed or
16 used for silencing the report of a firearm.
17 (a) A person commits aggravated battery with a machine
18 gun or a firearm equipped with a device designed or used for
19 silencing the report of a firearm when he or she, in
20 committing a battery, knowingly or intentionally by means of
21 the discharging of a machine gun or a firearm equipped with a
22 device designed or used for silencing the report of a firearm
23 (1) causes any injury to another person, or (2) causes any
24 injury to a person he or she knows to be a peace officer, a
25 person summoned by a peace officer, a correctional
26 institution employee or a fireman while the officer,
27 employee or fireman is engaged in the execution of any of his
28 or her official duties, or to prevent the officer, employee
29 or fireman from performing his or her official duties, or in
30 retaliation for the officer, employee or fireman performing
31 his or her official duties, or (3) causes any injury to a
32 person he or she knows to be an emergency medical technician
33 - ambulance, emergency medical technician - intermediate,
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1 emergency medical technician - paramedic, ambulance driver,
2 or other medical assistance or first aid personnel, employed
3 by a municipality or other governmental unit, while the
4 emergency medical technician - ambulance, emergency medical
5 technician - intermediate, emergency medical technician -
6 paramedic, ambulance driver, or other medical assistance or
7 first aid personnel is engaged in the execution of any of his
8 or her official duties, or to prevent the emergency medical
9 technician - ambulance, emergency medical technician -
10 intermediate, emergency medical technician - paramedic,
11 ambulance driver, or other medical assistance or first aid
12 personnel from performing his or her official duties, or in
13 retaliation for the emergency medical technician - ambulance,
14 emergency medical technician - intermediate, emergency
15 medical technician - paramedic, ambulance driver, or other
16 medical assistance or first aid personnel performing his or
17 her official duties.
18 (b) A violation of subsection (a) (1) of this Section is
19 a Class X felony for which the person shall be sentenced to a
20 term of imprisonment of no less than 12 years and no more
21 than 45 years. A violation of subsection (a) (2) or
22 subsection (a) (3) of this Section is a Class X felony for
23 which the sentence shall be a term of imprisonment of no less
24 than 20 years and no more than 60 years.
25 (c) For purposes of this Section, "firearm" is defined
26 as in the Firearm Owners Identification Card Act.
27 (d) For purposes of this Section, "machine gun" has the
28 meaning ascribed to it in clause (i) of paragraph (7) of
29 subsection (a) of Section 24-1 of this Code.
30 (720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
31 Sec. 20-2. Possession of explosives or explosive or
32 incendiary devices. (a) A person commits the offense of
33 possession of explosives or explosive or incendiary devices
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1 in violation of this Section when he possesses, manufactures
2 or transports any explosive compound, timing or detonating
3 device for use with any explosive compound or incendiary
4 device and either intends to use such explosive or device to
5 commit any offense or knows that another intends to use such
6 explosive or device to commit a felony.
7 (b) Sentence.
8 Possession of explosives or explosive or incendiary
9 devices in violation of this Section is a Class 1 2 felony
10 for which a person, if sentenced to a term of imprisonment,
11 shall be sentenced to not less than 4 years and not more than
12 30 years.
13 (Source: P.A. 84-1308.)
14 (720 ILCS 5/Art. 20.5 heading new)
15 ARTICLE 20.5. DEADLY SUBSTANCES
16 (720 ILCS 5/20.5-5 new)
17 Sec. 20.5-5. Possession of a deadly substance.
18 (a) A person commits the offense of possession of a
19 deadly substance when he or she possesses, manufactures or
20 transports any poisonous or noxious gas, poisonous or noxious
21 biological or chemical contaminant or agent, or radioactive
22 substance either with the intent to use such gas, biological
23 or chemical contaminant or agent, or radioactive substance to
24 commit any offense or with the knowledge that another person
25 intends to use such gas, biological or chemical contaminant
26 or agent, or radioactive substance to commit a felony.
27 (b) Sentence. Possession of a deadly substance is a
28 Class 1 felony for which a person, if sentenced to a term of
29 imprisonment, shall be sentenced to a term of not less than 4
30 years and not more than 30 years.
31 (720 ILCS 5/24-1.2-5 new)
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1 Sec. 24-1.2-5. Aggravated discharge of a machine gun or
2 a firearm equipped with a device designed or used for
3 silencing the report of a firearm.
4 (a) A person commits aggravated discharge of a machine
5 gun or a firearm equipped with a device designed or used for
6 silencing the report of a firearm when he or she knowingly or
7 intentionally:
8 (1) Discharges a machine gun or a firearm equipped
9 with a device designed or used for silencing the report
10 of a firearm at or into a building he or she knows to be
11 occupied and the machine gun or the firearm equipped with
12 a device designed or used for silencing the report of a
13 firearm is discharged from a place or position outside
14 that building;
15 (2) Discharges a machine gun or a firearm equipped
16 with a device designed or used for silencing the report
17 of a firearm in the direction of another person or in the
18 direction of a vehicle he or she knows to be occupied;
19 (3) Discharges a machine gun or a firearm equipped
20 with a device designed or used for silencing the report
21 of a firearm in the direction of a person he or she knows
22 to be a peace officer, a person summoned or directed by a
23 peace officer, a correctional institution employee, or a
24 fireman while the officer, employee or fireman is engaged
25 in the execution of any of his or her official duties, or
26 to prevent the officer, employee or fireman from
27 performing his or her official duties, or in retaliation
28 for the officer, employee or fireman performing his or
29 her official duties;
30 (4) Discharges a machine gun or a firearm equipped
31 with a device designed or used for silencing the report
32 of a firearm in the direction of a vehicle he or she
33 knows to be occupied by a peace officer, a person
34 summoned or directed by a peace officer, a correctional
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1 institution employee or a fireman while the officer,
2 employee or fireman is engaged in the execution of any of
3 his or her official duties, or to prevent the officer,
4 employee or fireman from performing his or her official
5 duties, or in retaliation for the officer, employee or
6 fireman performing his or her official duties;
7 (5) Discharges a machine gun or a firearm equipped
8 with a device designed or used for silencing the report
9 of a firearm in the direction of a person he or she knows
10 to be an emergency medical technician - ambulance,
11 emergency medical technician - intermediate, emergency
12 medical technician - paramedic, ambulance driver, or
13 other medical assistance or first aid personnel, employed
14 by a municipality or other governmental unit, while the
15 emergency medical technician - ambulance, emergency
16 medical technician - intermediate, emergency medical
17 technician - paramedic, ambulance driver, or other
18 medical assistance or first aid personnel is engaged in
19 the execution of any of his or her official duties, or to
20 prevent the emergency medical technician - ambulance,
21 emergency medical technician - intermediate, emergency
22 medical technician - paramedic, ambulance driver, or
23 other medical assistance or first aid personnel from
24 performing his or her official duties, or in retaliation
25 for the emergency medical technician - ambulance,
26 emergency medical technician - intermediate, emergency
27 medical technician - paramedic, ambulance driver, or
28 other medical assistance or first aid personnel
29 performing his or her official duties; or
30 (6) Discharges a machine gun or a firearm equipped
31 with a device designed or used for silencing the report
32 of a firearm in the direction of a vehicle he or she
33 knows to be occupied by an emergency medical technician -
34 ambulance, emergency medical technician - intermediate,
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1 emergency medical technician - paramedic, ambulance
2 driver, or other medical assistance or first aid
3 personnel, employed by a municipality or other
4 governmental unit, while the emergency medical technician
5 - ambulance, emergency medical technician - intermediate,
6 emergency medical technician - paramedic, ambulance
7 driver, or other medical assistance or first aid
8 personnel is engaged in the execution of any of his or
9 her official duties, or to prevent the emergency medical
10 technician - ambulance, emergency medical technician -
11 intermediate, emergency medical technician - paramedic,
12 ambulance driver, or other medical assistance or first
13 aid personnel from performing his or her official duties,
14 or in retaliation for the emergency medical technician -
15 ambulance, emergency medical technician - intermediate,
16 emergency medical technician - paramedic, ambulance
17 driver, or other medical assistance or first aid
18 personnel performing his or her official duties.
19 (b) A violation of subsection (a) (1) or subsection
20 (a) (2) of this Section is a Class X felony. A violation of
21 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
22 Section is a Class X felony for which the sentence shall be a
23 term of imprisonment of no less than 12 years and no more
24 than 50 years.
25 (c) For the purpose of this Section, "machine gun" has
26 the meaning ascribed to it in clause (i) of paragraph (7) of
27 subsection (a) of Section 24-1 of this Code.
28 (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
29 Sec. 26-1. Elements of the Offense.
30 (a) A person commits disorderly conduct when he
31 knowingly:
32 (1) Does any act in such unreasonable manner as to
33 alarm or disturb another and to provoke a breach of the
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1 peace; or
2 (2) Transmits in any manner to the fire department
3 of any city, town, village or fire protection district a
4 false alarm of fire, knowing at the time of such
5 transmission that there is no reasonable ground for
6 believing that such fire exists; or
7 (3) Transmits in any manner to another a false
8 alarm to the effect that a bomb or other explosive of any
9 nature is concealed in such place that its explosion
10 would endanger human life, knowing at the time of such
11 transmission that there is no reasonable ground for
12 believing that such bomb or explosive is concealed in
13 such place; or
14 (4) Transmits in any manner to any peace officer,
15 public officer or public employee a report to the effect
16 that an offense has been committed, knowing at the time
17 of such transmission that there is no reasonable ground
18 for believing that such an offense has been committed; or
19 (5) Enters upon the property of another and for a
20 lewd or unlawful purpose deliberately looks into a
21 dwelling on the property through any window or other
22 opening in it; or
23 (6) While acting as a collection agency as defined
24 in the "Collection Agency Act" or as an employee of such
25 collection agency, and while attempting to collect an
26 alleged debt, makes a telephone call to the alleged
27 debtor which is designed to harass, annoy or intimidate
28 the alleged debtor; or
29 (7) Transmits a false report to the Department of
30 Children and Family Services under Section 4 of the
31 "Abused and Neglected Child Reporting Act"; or
32 (8) Transmits a false report to the Department of
33 Public Health under the Nursing Home Care Act; or
34 (9) Transmits in any manner to the police
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1 department or fire department of any municipality or fire
2 protection district, or any privately owned and operated
3 ambulance service, a false request for an ambulance,
4 emergency medical technician-ambulance or emergency
5 medical technician-paramedic knowing at the time there is
6 no reasonable ground for believing that such assistance
7 is required; or
8 (10) Transmits a false report under Article II of
9 "An Act in relation to victims of violence and abuse",
10 approved September 16, 1984, as amended.
11 (b) Sentence.
12 A violation of subsection (a) (1) of this Section is a
13 Class C misdemeanor. A violation of subsection (a) (7) or (a)
14 (9) of this Section is a Class A misdemeanor. A violation of
15 subsection (a) (4), (a) (5), (a) (8) or (a) (10) of this
16 Section is a Class B misdemeanor. A violation of subsection
17 (a) (2) or (a) (3) of this Section is a Class 4 felony. A
18 violation of subsection (a)(3) of this Section is a Class 3
19 felony, for which a fine of not less than $3,000 and no more
20 than $10,000 shall be assessed in addition to any other
21 penalty imposed.
22 A violation of subsection (a) (6) of this Section is a
23 Business Offense and shall be punished by a fine not to
24 exceed $3,000. A second or subsequent violation of (a) (7) of
25 this Section is a Class 4 felony.
26 (c) In addition to any other sentence that may be
27 imposed, a court shall order any person convicted of
28 disorderly conduct to perform community service for not less
29 than 30 and not more than 120 hours, if community service is
30 available in the jurisdiction and is funded and approved by
31 the county board of the county where the offense was
32 committed. In addition, whenever any person is placed on
33 supervision for an alleged offense under this Section, the
34 supervision shall be conditioned upon the performance of the
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1 community service.
2 This subsection does not apply when the court imposes a
3 sentence of incarceration.
4 (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
5 Section 10. The Unified Code of Corrections is amended
6 by changing Section 3-6-3 as follows:
7 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
8 Sec. 3-6-3. Rules and Regulations for Early Release.
9 (a)(1) The Department of Corrections shall prescribe
10 rules and regulations for the early release on account of
11 good conduct of persons committed to the Department which
12 shall be subject to review by the Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after the effective date of this amendatory Act of 1995,
16 the following:
17 (i) that a prisoner who is serving a term of
18 imprisonment for first degree murder shall receive
19 no good conduct credit and shall serve the entire
20 sentence imposed by the court;
21 (ii) that a prisoner serving a sentence for
22 attempt to commit first degree murder, solicitation
23 of murder, solicitation of murder for hire,
24 intentional homicide of an unborn child, predatory
25 criminal sexual assault of a child, aggravated
26 criminal sexual assault, criminal sexual assault,
27 aggravated kidnapping, aggravated battery with a
28 firearm, heinous battery, aggravated battery of a
29 senior citizen, or aggravated battery of a child
30 shall receive no more than 4.5 days of good conduct
31 credit for each month of his or her sentence of
32 imprisonment; and
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1 (iii) that a prisoner serving a sentence for
2 home invasion, armed robbery, aggravated vehicular
3 hijacking, aggravated discharge of a firearm, or
4 armed violence with a category I weapon or category
5 II weapon, when the court has made and entered a
6 finding, pursuant to subsection (c-1) of Section
7 5-4-1 of this Code, that the conduct leading to
8 conviction for the enumerated offense resulted in
9 great bodily harm to a victim, shall receive no more
10 than 4.5 days of good conduct credit for each month
11 of his or her sentence of imprisonment.
12 (2.1) For all offenses, other than those enumerated
13 in subdivision (a)(2) committed on or after the effective
14 date of this amendatory Act of 1995, the rules and
15 regulations shall provide that a prisoner who is serving
16 a term of imprisonment shall receive one day of good
17 conduct credit for each day of his or her sentence of
18 imprisonment or recommitment under Section 3-3-9. Each
19 day of good conduct credit shall reduce by one day the
20 prisoner's period of imprisonment or recommitment under
21 Section 3-3-9.
22 (2.2) A prisoner serving a term of natural life
23 imprisonment or a prisoner who has been sentenced to
24 death shall receive no good conduct credit.
25 (2.3) The rules and regulations on early release
26 shall provide with respect to the offenses of aggravated
27 battery with a machine gun or a firearm equipped with any
28 device or attachment designed or used for silencing the
29 report of a firearm or aggravated discharge of a machine
30 gun or a firearm equipped with any device or attachment
31 designed or used for silencing the report of a firearm,
32 committed on or after the effective date of this
33 amendatory Act of 1997, that a prisoner serving a
34 sentence for any of these offenses shall receive no more
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1 than 4.5 days of good conduct credit for each month of
2 his or her sentence of imprisonment.
3 (3) The rules and regulations shall also provide
4 that the Director may award up to 180 days additional
5 good conduct credit for meritorious service in specific
6 instances as the Director deems proper; except that no
7 more than 90 days of good conduct credit for meritorious
8 service shall be awarded to any prisoner who is serving a
9 sentence for conviction of first degree murder, reckless
10 homicide while under the influence of alcohol or any
11 other drug, aggravated kidnapping, kidnapping, predatory
12 criminal sexual assault of a child, aggravated criminal
13 sexual assault, criminal sexual assault, deviate sexual
14 assault, aggravated criminal sexual abuse, aggravated
15 indecent liberties with a child, indecent liberties with
16 a child, child pornography, heinous battery, aggravated
17 battery of a spouse, aggravated battery of a spouse with
18 a firearm, stalking, aggravated stalking, aggravated
19 battery of a child, endangering the life or health of a
20 child, cruelty to a child, or narcotic racketeering.
21 Notwithstanding the foregoing, good conduct credit for
22 meritorious service shall not be awarded on a sentence of
23 imprisonment imposed for conviction of one of the
24 offenses enumerated in subdivision (a)(2) when the
25 offense is committed on or after the effective date of
26 this amendatory Act of 1995 or for conviction of one of
27 the offenses enumerated in subdivision (a)(2.3) when the
28 offense is committed on or after the effective date of
29 this amendatory Act of 1997.
30 (4) The rules and regulations shall also provide
31 that the good conduct credit accumulated and retained
32 under paragraph (2.1) of subsection (a) of this Section
33 by any inmate during specific periods of time in which
34 such inmate is engaged full-time in substance abuse
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1 programs, correctional industry assignments, or
2 educational programs provided by the Department under
3 this paragraph (4) and satisfactorily completes the
4 assigned program as determined by the standards of the
5 Department, shall be multiplied by a factor of 1.25 for
6 program participation before the effective date of this
7 amendatory Act of 1993 and 1.50 for program participation
8 on or after that date. However, no inmate shall be
9 eligible for the additional good conduct credit under
10 this paragraph (4) while assigned to a boot camp, mental
11 health unit, or electronic detention, or if convicted of
12 an offense enumerated in paragraph (a)(2) of this Section
13 that is committed on or after the effective date of this
14 amendatory Act of 1995, or if convicted of an offense
15 enumerated in paragraph (a)(2.3) of this Section that is
16 committed on or after the effective date of this
17 amendatory Act of 1997, or first degree murder, a Class X
18 felony, criminal sexual assault, felony criminal sexual
19 abuse, aggravated criminal sexual abuse, aggravated
20 battery with a firearm, or any predecessor or successor
21 offenses with the same or substantially the same
22 elements, or any inchoate offenses relating to the
23 foregoing offenses. No inmate shall be eligible for the
24 additional good conduct credit under this paragraph (4)
25 who (i) has previously received increased good conduct
26 credit under this paragraph (4) and has subsequently been
27 convicted of a felony, or (ii) has previously served more
28 than one prior sentence of imprisonment for a felony in
29 an adult correctional facility.
30 Educational, vocational, substance abuse and
31 correctional industry programs under which good conduct
32 credit may be increased under this paragraph (4) shall be
33 evaluated by the Department on the basis of documented
34 standards. The Department shall report the results of
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1 these evaluations to the Governor and the General
2 Assembly by September 30th of each year. The reports
3 shall include data relating to the recidivism rate among
4 program participants.
5 Availability of these programs shall be subject to
6 the limits of fiscal resources appropriated by the
7 General Assembly for these purposes. Eligible inmates
8 who are denied immediate admission shall be placed on a
9 waiting list under criteria established by the
10 Department. The inability of any inmate to become engaged
11 in any such programs by reason of insufficient program
12 resources or for any other reason established under the
13 rules and regulations of the Department shall not be
14 deemed a cause of action under which the Department or
15 any employee or agent of the Department shall be liable
16 for damages to the inmate.
17 (5) Whenever the Department is to release any
18 inmate earlier than it otherwise would because of a grant
19 of good conduct credit for meritorious service given at
20 any time during the term, the Department shall give
21 reasonable advance notice of the impending release to the
22 State's Attorney of the county where the prosecution of
23 the inmate took place.
24 (b) Whenever a person is or has been committed under
25 several convictions, with separate sentences, the sentences
26 shall be construed under Section 5-8-4 in granting and
27 forfeiting of good time.
28 (c) The Department shall prescribe rules and regulations
29 for revoking good conduct credit, or suspending or reducing
30 the rate of accumulation of good conduct credit for specific
31 rule violations, during imprisonment. These rules and
32 regulations shall provide that no inmate may be penalized
33 more than one year of good conduct credit for any one
34 infraction.
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1 When the Department seeks to revoke, suspend or reduce
2 the rate of accumulation of any good conduct credits for an
3 alleged infraction of its rules, it shall bring charges
4 therefor against the prisoner sought to be so deprived of
5 good conduct credits before the Prisoner Review Board as
6 provided in subparagraph (a)(4) of Section 3-3-2 of this
7 Code, if the amount of credit at issue exceeds 30 days or
8 when during any 12 month period, the cumulative amount of
9 credit revoked exceeds 30 days except where the infraction is
10 committed or discovered within 60 days of scheduled release.
11 In those cases, the Department of Corrections may revoke up
12 to 30 days of good conduct credit. The Board may subsequently
13 approve the revocation of additional good conduct credit, if
14 the Department seeks to revoke good conduct credit in excess
15 of 30 days. However, the Board shall not be empowered to
16 review the Department's decision with respect to the loss of
17 30 days of good conduct credit within any calendar year for
18 any prisoner or to increase any penalty beyond the length
19 requested by the Department.
20 The Director of the Department of Corrections, in
21 appropriate cases, may restore up to 30 days good conduct
22 credits which have been revoked, suspended or reduced. Any
23 restoration of good conduct credits in excess of 30 days
24 shall be subject to review by the Prisoner Review Board.
25 However, the Board may not restore good conduct credit in
26 excess of the amount requested by the Director.
27 Nothing contained in this Section shall prohibit the
28 Prisoner Review Board from ordering, pursuant to Section
29 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
30 the sentence imposed by the court that was not served due to
31 the accumulation of good conduct credit.
32 (d) If a lawsuit is filed by a prisoner in an Illinois
33 or federal court against the State, the Department of
34 Corrections, or the Prisoner Review Board, or against any of
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1 their officers or employees, and the court makes a specific
2 finding that a pleading, motion, or other paper filed by the
3 prisoner is frivolous, the Department of Corrections shall
4 conduct a hearing to revoke up to 180 days of good conduct
5 credit by bringing charges against the prisoner sought to be
6 deprived of the good conduct credits before the Prisoner
7 Review Board as provided in subparagraph (a)(8) of Section
8 3-3-2 of this Code. If the prisoner has not accumulated 180
9 days of good conduct credit at the time of the finding, then
10 the Prisoner Review Board may revoke all good conduct credit
11 accumulated by the prisoner.
12 For purposes of this subsection (d):
13 (1) "Frivolous" means that a pleading, motion, or
14 other paper filed by a prisoner in his or her lawsuit
15 does not meet the following criteria:
16 (A) it is not being presented for any improper
17 purpose, such as to harass or to cause unnecessary
18 delay or needless increase in the cost of
19 litigation;
20 (B) the claims, defenses, and other legal
21 contentions therein are warranted by existing law or
22 by a nonfrivolous argument for the extension,
23 modification, or reversal of existing law or the
24 establishment of new law;
25 (C) the allegations and other factual
26 contentions have evidentiary support or, if
27 specifically so identified, are likely to have
28 evidentiary support after a reasonable opportunity
29 for further investigation or discovery; and
30 (D) the denials of factual contentions are
31 warranted on the evidence or, if specifically so
32 identified, are reasonably based on a lack of
33 information or belief.
34 (2) "Lawsuit" means a petition for post conviction
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1 relief under Article 122 of the Code of Criminal
2 Procedure of 1963, a habeas corpus action under Article X
3 of the Code of Civil Procedure or under federal law (28
4 U.S.C. 2254), a petition for claim under the Court of
5 Claims Act or an action under the federal Civil Rights
6 Act (42 U.S.C. 1983).
7 (Source: P.A. 88-311; 88-402; 88-670, eff. 12-2-94; 89-404,
8 eff. 8-20-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
9 89-656, eff. 1-1-97.)