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91_HB1175sam004
LRB9102578EGfgam01
1 AMENDMENT TO HOUSE BILL 1175
2 AMENDMENT NO. . Amend House Bill 1175, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT in relation to crime."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Purpose and intent.
8 (a) In People v. Wooters, Docket No. 83595, the Illinois
9 Supreme Court declared that Public Act 89-203 violates the
10 single subject rule of the Illinois Constitution (ILCON Art.
11 IV, Sec. 8) by including certain provisions relating to
12 mortgage foreclosure in a bill otherwise relating to crime.
13 (b) It is the purpose of this Act to re-enact the
14 provisions relating to crime that were included in Public Act
15 89-203.
16 (c) Section 11-6 of the Criminal Code of 1961 is not
17 included in this Act because the provisions added to that
18 Section by Public Act 89-203 were removed by Public Act
19 91-226.
20 (d) Subsection (c) has been added to Section 5-1120 of
21 the Counties Code in order to validate county actions taken
22 in reliance on that Section as included in Public Act 89-203.
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1 (d) This Act is not intended to supersede any other
2 Public Act of the 91st General Assembly that amends a Section
3 included in this Act, and it is not intended to limit or
4 impair any legal argument relating to the re-enactment of any
5 of the provisions of Public Act 89-203 by any other Public
6 Act.
7 Section 5. The Counties Code is amended by adding
8 Section 5-1120 as follows:
9 (55 ILCS 5/5-1120 new)
10 Sec. 5-1120. Juvenile delinquency programs.
11 (A) The corporate authorities of a county may:
12 (a) Conduct programs and carry on and coordinate
13 activities for the prevention, reduction, or control of
14 juvenile delinquency within the county;
15 (b) Cooperate, coordinate, or act jointly with the
16 State of Illinois or any other county, municipality, or
17 public or private agency in conducting programs and
18 carrying on and coordinating activities for the
19 prevention, reduction, or control of juvenile
20 delinquency, including but not limited to the
21 establishment, support, and maintenance of individual or
22 joint public or private agencies or neighborhood
23 accountability boards to conduct the programs and carry
24 on the activities in cooperation with law enforcement
25 officers through referral of juvenile offenders;
26 (c) Spend county funds appropriated for the
27 purposes of this Section; and
28 (d) Make application for, accept, and use money,
29 financial grants, or contributions of services from any
30 public or private source made available for the purposes of
31 this Section.
32 (B) All officials, agencies, and employees of a county
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1 that has exercised the authority granted by this Section
2 shall cooperate in so far as possible with the corporate
3 authorities in coordinating and conducting activities and
4 programs to carry out the purposes of this Section.
5 (C) All otherwise lawful actions taken and expenditures
6 made before the effective date of this amendatory Act of the
7 91st General Assembly in reliance on the provisions of this
8 Section included in Public Act 89-203 are hereby validated.
9 Section 10. The Illinois Vehicle Code is amended by
10 changing Sections 6-208.1 and 11-501 as follows:
11 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
12 Sec. 6-208.1. Period of statutory summary alcohol, other
13 drug, or intoxicating compound related suspension.
14 (a) Unless the statutory summary suspension has been
15 rescinded, any person whose privilege to drive a motor
16 vehicle on the public highways has been summarily suspended,
17 pursuant to Section 11-501.1, shall not be eligible for
18 restoration of the privilege until the expiration of:
19 1. Six months from the effective date of the
20 statutory summary suspension for a refusal or failure to
21 complete a test or tests to determine the alcohol, drug,
22 or intoxicating compound concentration, pursuant to
23 Section 11-501.1; or
24 2. Three months from the effective date of the
25 statutory summary suspension imposed following the
26 person's submission to a chemical test which disclosed an
27 alcohol concentration of 0.08 or more, or any amount of a
28 drug, substance, or intoxicating compound in such
29 person's breath, blood, or urine resulting from the
30 unlawful use or consumption of cannabis listed in the
31 Cannabis Control Act, a controlled substance listed in
32 the Illinois Controlled Substances Act, or an
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1 intoxicating compound listed in the Use of Intoxicating
2 Compounds Act, pursuant to Section 11-501.1; or
3 3. Three years from the effective date of the
4 statutory summary suspension for any person other than a
5 first offender who refuses or fails to complete a test or
6 tests to determine the alcohol, drug, or intoxicating
7 compound concentration pursuant to Section 11-501.1; or
8 4. One year from the effective date of the summary
9 suspension imposed for any person other than a first
10 offender following submission to a chemical test which
11 disclosed an alcohol concentration of 0.08 or more
12 pursuant to Section 11-501.1 or any amount of a drug,
13 substance or compound in such person's blood or urine
14 resulting from the unlawful use or consumption of
15 cannabis listed in the Cannabis Control Act, a controlled
16 substance listed in the Illinois Controlled Substances
17 Act, or an intoxicating compound listed in the Use of
18 Intoxicating Compounds Act.
19 (b) Following a statutory summary suspension of the
20 privilege to drive a motor vehicle under Section 11-501.1,
21 full driving privileges shall be restored unless the person
22 is otherwise disqualified by this Code. If the court has
23 reason to believe that the person's driving privilege should
24 not be restored, the court shall notify the Secretary of
25 State prior to the expiration of the statutory summary
26 suspension so appropriate action may be taken pursuant to
27 this Code.
28 (c) Full driving privileges may not be restored until
29 all applicable reinstatement fees, as provided by this Code,
30 have been paid to the Secretary of State and the appropriate
31 entry made to the driver's record.
32 (d) Where a driving privilege has been summarily
33 suspended under Section 11-501.1 and the person is
34 subsequently convicted of violating Section 11-501, or a
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1 similar provision of a local ordinance, for the same
2 incident, any period served on statutory summary suspension
3 shall be credited toward the minimum period of revocation of
4 driving privileges imposed pursuant to Section 6-205.
5 (e) Following a statutory summary suspension of driving
6 privileges pursuant to Section 11-501.1, for a first
7 offender, the circuit court may, after at least 30 days from
8 the effective date of the statutory summary suspension, issue
9 a judicial driving permit as provided in Section 6-206.1.
10 (f) Subsequent to an arrest of a first offender, for any
11 offense as defined in Section 11-501 or a similar provision
12 of a local ordinance, following a statutory summary
13 suspension of driving privileges pursuant to Section
14 11-501.1, for a first offender, the circuit court may issue a
15 court order directing the Secretary of State to issue a
16 judicial driving permit as provided in Section 6-206.1.
17 However, this JDP shall not be effective prior to the 31st
18 day of the statutory summary suspension.
19 (g) Following a statutory summary suspension of driving
20 privileges pursuant to Section 11-501.1 where the person was
21 not a first offender, as defined in Section 11-500 and such
22 person refused or failed to complete a test or tests to
23 determine the alcohol, drug, or intoxicating compound
24 concentration pursuant to Section 11-501.1, the Secretary of
25 State may shall not may, after at least 6 months from the
26 effective date of the statutory summary suspension, issue a
27 restricted driving permit if at least 2 years have elapsed
28 since the effective date of the statutory summary suspension.
29 (h) Following a statutory summary suspension of driving
30 privileges pursuant to Section 11-501.1 where the person was
31 not a first offender as defined in Section 11-500 and such
32 person submitted to a chemical test which disclosed an
33 alcohol concentration of 0.08 or more pursuant to Section
34 11-501.1, the Secretary of State may, after at least 90 days
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1 from the effective date of the statutory summary suspension,
2 issue a restricted driving permit.
3 (Source: P.A. 90-43, eff. 7-2-97; 90-738, eff. 1-1-99;
4 90-779, eff. 1-1-99; 91-357, eff. 7-29-99.)
5 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
6 Sec. 11-501. Driving while under the influence of
7 alcohol, other drug or drugs, intoxicating compound or
8 compounds or any combination thereof.
9 (a) A person shall not drive or be in actual physical
10 control of any vehicle within this State while:
11 (1) the alcohol concentration in the person's blood
12 or breath is 0.08 or more based on the definition of
13 blood and breath units in Section 11-501.2;
14 (2) under the influence of alcohol;
15 (3) under the influence of any intoxicating
16 compound or combination of intoxicating compounds to a
17 degree that renders the person incapable of driving
18 safely;
19 (4) under the influence of any other drug or
20 combination of drugs to a degree that renders the person
21 incapable of safely driving;
22 (5) under the combined influence of alcohol, other
23 drug or drugs, or intoxicating compound or compounds to a
24 degree that renders the person incapable of safely
25 driving; or
26 (6) there is any amount of a drug, substance, or
27 compound in the person's breath, blood, or urine
28 resulting from the unlawful use or consumption of
29 cannabis listed in the Cannabis Control Act, a controlled
30 substance listed in the Illinois Controlled Substances
31 Act, or an intoxicating compound listed in the Use of
32 Intoxicating Compounds Act.
33 (b) The fact that any person charged with violating this
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1 Section is or has been legally entitled to use alcohol, other
2 drug or drugs, or intoxicating compound or compounds, or any
3 combination thereof, shall not constitute a defense against
4 any charge of violating this Section.
5 (c) Except as provided under paragraphs (c-3) and
6 paragraph (d) of this Section, every person convicted of
7 violating this Section or a similar provision of a local
8 ordinance, shall be guilty of a Class A misdemeanor and, in
9 addition to any other criminal or administrative action, for
10 any second conviction of violating this Section or a similar
11 provision of a law of another state or local ordinance
12 committed within 5 years of a previous violation of this
13 Section or a similar provision of a local ordinance shall be
14 mandatorily sentenced to a minimum of 48 consecutive hours of
15 imprisonment or assigned to a minimum of 100 hours of
16 community service as may be determined by the court. Every
17 person convicted of violating this Section or a similar
18 provision of a local ordinance shall be subject to a
19 mandatory minimum fine of $500 and a mandatory 5 days of
20 community service in a program benefiting children if the
21 person committed a violation of paragraph (a) or a similar
22 provision of a local ordinance while transporting a person
23 under age 16 16 years of age or younger. Every person
24 convicted a second time for violating this Section or a
25 similar provision of a local ordinance within 5 years of a
26 previous violation of this Section or a similar provision of
27 a law of another state or local ordinance shall be subject to
28 a mandatory minimum fine of $500 and 10 days of mandatory
29 community service in a program benefiting children if the
30 current offense was committed while transporting a person
31 under age 16 16 years of age or younger. The imprisonment or
32 assignment under this subsection shall not be subject to
33 suspension nor shall the person be eligible for probation in
34 order to reduce the sentence or assignment.
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1 (c-1) (1) A person who violates this Section during a
2 period in which his or her driving privileges are revoked
3 or suspended, where the revocation or suspension was for
4 a violation of this Section, Section 11-501.1, paragraph
5 (b) of Section 11-401, or Section 9-3 of the Criminal
6 Code of 1961 is guilty of a Class 4 felony.
7 (2) A person who violates this Section a third time
8 during a period in which his or her driving privileges
9 are revoked or suspended where the revocation or
10 suspension was for a violation of this Section, Section
11 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
12 of the Criminal Code of 1961 is guilty of a Class 3
13 felony.
14 (3) A person who violates this Section a fourth or
15 subsequent time during a period in which his or her
16 driving privileges are revoked or suspended where the
17 revocation or suspension was for a violation of this
18 Section, Section 11-501.1, paragraph (b) of Section
19 11-401, or Section 9-3 of the Criminal Code of 1961 is
20 guilty of a Class 2 felony.
21 (c-2) (Blank).
22 (c-3) Every person convicted of violating this Section
23 or a similar provision of a local ordinance who had a child
24 under age 16 in the vehicle at the time of the offense shall
25 have his or her punishment under this Act enhanced by 2 days
26 of imprisonment for a first offense, 10 days of imprisonment
27 for a second offense, 30 days of imprisonment for a third
28 offense, and 90 days of imprisonment for a fourth or
29 subsequent offense, in addition to the fine and community
30 service required under subsection (c) and the possible
31 imprisonment required under subsection (d). The imprisonment
32 or assignment under this subsection shall not be subject to
33 suspension nor shall the person be eligible for probation in
34 order to reduce the sentence or assignment.
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1 (d) (1) Every person convicted of committing a violation
2 of this Section shall be guilty of aggravated driving under
3 the influence of alcohol, other drug or drugs, or
4 intoxicating compound or compounds, or any combination
5 thereof if:
6 (A) the person committed a violation of this
7 Section, or a similar provision of a law of another state
8 or a local ordinance when the cause of action is the same
9 as or substantially similar to this Section, for the
10 third or subsequent time;
11 (B) the person committed a violation of paragraph
12 (a) while driving a school bus with children on board;
13 (C) the person in committing a violation of
14 paragraph (a) was involved in a motor vehicle accident
15 that resulted in great bodily harm or permanent
16 disability or disfigurement to another, when the
17 violation was a proximate cause of the injuries; or
18 (D) the person committed a violation of paragraph
19 (a) for a second time and has been previously convicted
20 of violating Section 9-3 of the Criminal Code of 1961
21 relating to reckless homicide in which the person was
22 determined to have been under the influence of alcohol,
23 other drug or drugs, or intoxicating compound or
24 compounds as an element of the offense or the person has
25 previously been convicted under subparagraph (C) of this
26 paragraph (1).
27 (2) Aggravated driving under the influence of alcohol,
28 other drug or drugs, or intoxicating compound or compounds,
29 or any combination thereof is a Class 4 felony for which a
30 person, if sentenced to a term of imprisonment, shall be
31 sentenced to not less than one year and not more than 3 years
32 for a violation of subparagraph (A), (B) or (D) of paragraph
33 (1) of this subsection (d) and not less than one year and not
34 more than 12 years for a violation of subparagraph (C) of
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1 paragraph (1) of this subsection (d). For any prosecution
2 under this subsection (d), a certified copy of the driving
3 abstract of the defendant shall be admitted as proof of any
4 prior conviction.
5 (e) After a finding of guilt and prior to any final
6 sentencing, or an order for supervision, for an offense based
7 upon an arrest for a violation of this Section or a similar
8 provision of a local ordinance, individuals shall be required
9 to undergo a professional evaluation to determine if an
10 alcohol, drug, or intoxicating compound abuse problem exists
11 and the extent of the problem. Programs conducting these
12 evaluations shall be licensed by the Department of Human
13 Services. The cost of any professional evaluation shall be
14 paid for by the individual required to undergo the
15 professional evaluation.
16 (f) Every person found guilty of violating this Section,
17 whose operation of a motor vehicle while in violation of this
18 Section proximately caused any incident resulting in an
19 appropriate emergency response, shall be liable for the
20 expense of an emergency response as provided under Section
21 5-5-3 of the Unified Code of Corrections.
22 (g) The Secretary of State shall revoke the driving
23 privileges of any person convicted under this Section or a
24 similar provision of a local ordinance.
25 (h) Every person sentenced under subsection (d) of this
26 Section and who receives a term of probation or conditional
27 discharge shall be required to serve a minimum term of either
28 30 days community service or, beginning July 1, 1993, 48
29 consecutive hours of imprisonment as a condition of the
30 probation or conditional discharge. This mandatory minimum
31 term of imprisonment or assignment of community service shall
32 not be suspended and shall not be subject to reduction by the
33 court.
34 (i) The Secretary of State may use ignition interlock
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1 device requirements when granting driving relief to
2 individuals who have been arrested for a second or subsequent
3 offense of this Section or a similar provision of a local
4 ordinance. The Secretary shall establish by rule and
5 regulation the procedures for use of the interlock system.
6 (j) In addition to any other penalties and liabilities,
7 a person who is found guilty of violating this Section shall
8 be fined $100, payable to the circuit clerk, who shall
9 distribute the money to the law enforcement agency that made
10 the arrest. In the event that more than one agency is
11 responsible for the arrest, the $100 shall be shared equally.
12 Any moneys received by a law enforcement agency under this
13 subsection (j) shall be used to purchase law enforcement
14 equipment that will assist in the prevention of alcohol
15 related criminal violence throughout the State. This shall
16 include, but is not limited to, in-car video cameras, radar
17 and laser speed detection devices, and alcohol breath
18 testers.
19 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
20 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
21 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
22 eff. 7-29-99.)
23 Section 15. The Criminal Code of 1961 is amended by
24 changing Sections 11-6.5 and 32-10 as follows:
25 (720 ILCS 5/11-6.5)
26 Sec. 11-6.5. Indecent solicitation of an adult.
27 (a) A person commits indecent solicitation of an adult
28 if the person:
29 (1) Arranges for a person 17 years of age or over
30 to commit an act of sexual penetration as defined in
31 Section 12-12 with a person:
32 (i) Under the age of 13 years; or
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1 (ii) Thirteen years of age or over but under
2 the age of 17 years; or
3 (2) Arranges for a person 17 years of age or over
4 to commit an act of sexual conduct as defined in Section
5 12-12 with a person:
6 (i) Under the age of 13 years; or
7 (ii) Thirteen years of age or older but under
8 the age of 17 years.
9 (b) Sentence.
10 (1) Violation of paragraph (a)(1)(i) is a Class X
11 felony.
12 (2) Violation of paragraph (a)(1)(ii) is a Class 1
13 felony.
14 (3) Violation of paragraph (a)(2)(i) is a Class 2
15 felony.
16 (4) Violation of paragraph (a)(2)(ii) is a Class A
17 misdemeanor.
18 (c) For the purposes of this Section, "arranges"
19 includes but is not limited to oral or written communication
20 and communication by telephone, computer, or other electronic
21 means. "Computer" has the meaning ascribed to it in Section
22 16D-2 of this Code.
23 (Source: P.A. 88-165.)
24 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
25 Sec. 32-10. Violation of bail bond.
26 (a) Whoever, having been admitted to bail for appearance
27 before any court of this State, incurs a forfeiture of the
28 bail and willfully fails to surrender himself within 30 days
29 following the date of such forfeiture, commits, if the bail
30 was given in connection with a charge of felony or pending
31 appeal or certiorari after conviction of any offense, a
32 felony of the next lower Class or a Class A misdemeanor if
33 the underlying offense was a Class 4 felony; or, if the bail
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1 was given in connection with a charge of committing a
2 misdemeanor, or for appearance as a witness, commits a
3 misdemeanor of the next lower Class, but not less than a
4 Class C misdemeanor.
5 (a-5) Any person who violates a condition of bail bond
6 by possessing a firearm in violation of his or her conditions
7 of bail commits a Class 4 felony for a first violation and a
8 Class 3 felony for a second violation.
9 (b) Whoever, having been admitted to bail for appearance
10 before any court of this State, while charged with a criminal
11 offense in which the victim is a family or household member
12 as defined in Article 112A of the Code of Criminal Procedure
13 of 1963, knowingly violates a condition of that release as
14 set forth in Section 110-10, subsection (d) of the Code of
15 Criminal Procedure of 1963, commits a Class A misdemeanor.
16 (c) Whoever, having been admitted to bail for appearance
17 before any court of this State for a felony, Class A
18 misdemeanor or a criminal offense in which the victim is a
19 family or household member as defined in Article 112A of the
20 Code of Criminal Procedure of 1963, is charged with any other
21 felony, Class A misdemeanor, or a criminal offense in which
22 the victim is a family or household member as defined in
23 Article 112A of the Code of Criminal Procedure of 1963 while
24 on such release, must appear before the court before bail is
25 statutorily set.
26 (d) Nothing in this Section shall interfere with or
27 prevent the exercise by any court of its power to punishment
28 for contempt. Any sentence imposed for violation of this
29 Section shall be served consecutive to the sentence imposed
30 for the charge for which bail had been granted and with
31 respect to which the defendant has been convicted.
32 (Source: P.A. 88-430; 88-680, eff. 1-1-95.)
33 Section 20. The Unified Code of Corrections is amended
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1 by changing Sections 5-5-6, 5-6-3, and 5-8-1 as follows:
2 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
3 Sec. 5-5-6. In all convictions for offenses in violation
4 of the Criminal Code of 1961 in which the person received any
5 injury to their person or damage to their real or personal
6 property as a result of the criminal act of the defendant,
7 the court shall order restitution as provided in this
8 Section. In all other cases, except cases in which
9 restitution is required under this Section, the court must at
10 the sentence hearing determine whether restitution is an
11 appropriate sentence to be imposed on each defendant
12 convicted of an offense. If the court determines that an
13 order directing the offender to make restitution is
14 appropriate, the offender may be sentenced to make
15 restitution. If the offender is sentenced to make
16 restitution the Court shall determine the restitution as
17 hereinafter set forth:
18 (a) At the sentence hearing, the court shall
19 determine whether the property may be restored in kind to
20 the possession of the owner or the person entitled to
21 possession thereof; or whether the defendant is possessed
22 of sufficient skill to repair and restore property
23 damaged; or whether the defendant should be required to
24 make restitution in cash, for out-of-pocket expenses,
25 damages, losses, or injuries found to have been
26 proximately caused by the conduct of the defendant or
27 another for whom the defendant is legally accountable
28 under the provisions of Article V of the Criminal Code of
29 1961.
30 (b) In fixing the amount of restitution to be paid
31 in cash, the court shall allow credit for property
32 returned in kind, for property damages ordered to be
33 repaired by the defendant, and for property ordered to be
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1 restored by the defendant; and after granting the credit,
2 the court shall assess the actual out-of-pocket expenses,
3 losses, damages, and injuries suffered by the victim
4 named in the charge and any other victims who may also
5 have suffered out-of-pocket expenses, losses, damages,
6 and injuries proximately caused by the same criminal
7 conduct of the defendant, and insurance carriers who have
8 indemnified the named victim or other victims for the
9 out-of-pocket expenses, losses, damages, or injuries,
10 provided that in no event shall restitution be ordered to
11 be paid on account of pain and suffering. If a defendant
12 is placed on supervision for, or convicted of, domestic
13 battery, the defendant shall be required to pay
14 restitution to any domestic violence shelter in which the
15 victim and any other family or household members lived
16 because of the domestic battery. The amount of the
17 restitution shall equal the actual expenses of the
18 domestic violence shelter in providing housing and any
19 other services for the victim and any other family or
20 household members living at the shelter. If a defendant
21 fails to pay restitution in the manner or within the time
22 period specified by the court, the court may enter an
23 order directing the sheriff to seize any real or personal
24 property of a defendant to the extent necessary to
25 satisfy the order of restitution and dispose of the
26 property by public sale. All proceeds from such sale in
27 excess of the amount of restitution plus court costs and
28 the costs of the sheriff in conducting the sale shall be
29 paid to the defendant. The defendant convicted of
30 domestic battery, if a person under 18 years of age who
31 is the child of the offender or of the victim was present
32 and witnessed the domestic battery of the victim, is
33 liable to pay restitution for the cost of any counseling
34 required for the child at the discretion of the court.
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1 (c) In cases where more than one defendant is
2 accountable for the same criminal conduct that results in
3 out-of-pocket expenses, losses, damages, or injuries,
4 each defendant shall be ordered to pay restitution in the
5 amount of the total actual out-of-pocket expenses,
6 losses, damages, or injuries to the victim proximately
7 caused by the conduct of all of the defendants who are
8 legally accountable for the offense.
9 (1) In no event shall the victim be entitled
10 to recover restitution in excess of the actual
11 out-of-pocket expenses, losses, damages, or
12 injuries, proximately caused by the conduct of all
13 of the defendants.
14 (2) As between the defendants, the court may
15 apportion the restitution that is payable in
16 proportion to each co-defendant's culpability in the
17 commission of the offense.
18 (3) In the absence of a specific order
19 apportioning the restitution, each defendant shall
20 bear his pro rata share of the restitution.
21 (4) As between the defendants, each defendant
22 shall be entitled to a pro rata reduction in the
23 total restitution required to be paid to the victim
24 for amounts of restitution actually paid by
25 co-defendants, and defendants who shall have paid
26 more than their pro rata share shall be entitled to
27 refunds to be computed by the court as additional
28 amounts are paid by co-defendants.
29 (d) In instances where a defendant has more than
30 one criminal charge pending against him in a single case,
31 or more than one case, and the defendant stands convicted
32 of one or more charges, a plea agreement negotiated by
33 the State's Attorney and the defendants may require the
34 defendant to make restitution to victims of charges that
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1 have been dismissed or which it is contemplated will be
2 dismissed under the terms of the plea agreement, and
3 under the agreement, the court may impose a sentence of
4 restitution on the charge or charges of which the
5 defendant has been convicted that would require the
6 defendant to make restitution to victims of other
7 offenses as provided in the plea agreement.
8 (e) The court may require the defendant to apply
9 the balance of the cash bond, after payment of court
10 costs, and any fine that may be imposed to the payment of
11 restitution.
12 (f) Taking into consideration the ability of the
13 defendant to pay, the court shall determine whether
14 restitution shall be paid in a single payment or in
15 installments, and shall fix a period of time not in
16 excess of 5 years, not including periods of
17 incarceration, within which payment of restitution is to
18 be paid in full. Complete restitution shall be paid in as
19 short a time period as possible. However, if the court
20 deems it necessary and in the best interest of the
21 victim, the court may extend beyond 5 years the period of
22 time within which the payment of restitution is to be
23 paid. If the defendant is ordered to pay restitution and
24 the court orders that restitution is to be paid over a
25 period greater than 6 months, the court shall order that
26 the defendant make monthly payments; the court may waive
27 this requirement of monthly payments only if there is a
28 specific finding of good cause for waiver.
29 (g) The court shall, after determining that the
30 defendant has the ability to pay, require the defendant
31 to pay for the victim's counseling services if:
32 (1) the defendant was convicted of an offense
33 under Sections 11-19.2, 11-20.1, 12-13, 12-14,
34 12-14.1, 12-15 or 12-16 of the Criminal Code of
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1 1961, or was charged with such an offense and the
2 charge was reduced to another charge as a result of
3 a plea agreement under subsection (d) of this
4 Section, and
5 (2) the victim was under 18 years of age at
6 the time the offense was committed and requires
7 counseling as a result of the offense.
8 The payments shall be made by the defendant to the
9 clerk of the circuit court and transmitted by the clerk
10 to the appropriate person or agency as directed by the
11 court. The order may require such payments to be made
12 for a period not to exceed 5 years after sentencing, not
13 including periods of incarceration.
14 (h) The judge may enter an order of withholding to
15 collect the amount of restitution owed in accordance with
16 Part 8 of Article XII of the Code of Civil Procedure.
17 (i) A sentence of restitution may be modified or
18 revoked by the court if the offender commits another
19 offense, or the offender fails to make restitution as
20 ordered by the court, but no sentence to make restitution
21 shall be revoked unless the court shall find that the
22 offender has had the financial ability to make
23 restitution, and he has wilfully refused to do so. When
24 the offender's ability to pay restitution was established
25 at the time an order of restitution was entered or
26 modified, or when the offender's ability to pay was based
27 on the offender's willingness to make restitution as part
28 of a plea agreement made at the time the order of
29 restitution was entered or modified, there is a
30 rebuttable presumption that the facts and circumstances
31 considered by the court at the hearing at which the order
32 of restitution was entered or modified regarding the
33 offender's ability or willingness to pay restitution have
34 not materially changed. If the court shall find that the
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1 defendant has failed to make restitution and that the
2 failure is not wilful, the court may impose an additional
3 period of time within which to make restitution. The
4 length of the additional period shall not be more than 2
5 years. The court shall retain all of the incidents of
6 the original sentence, including the authority to modify
7 or enlarge the conditions, and to revoke or further
8 modify the sentence if the conditions of payment are
9 violated during the additional period.
10 (j) The procedure upon the filing of a Petition to
11 Revoke a sentence to make restitution shall be the same
12 as the procedures set forth in Section 5-6-4 of this Code
13 governing violation, modification, or revocation of
14 Probation, of Conditional Discharge, or of Supervision.
15 (k) Nothing contained in this Section shall
16 preclude the right of any party to proceed in a civil
17 action to recover for any damages incurred due to the
18 criminal misconduct of the defendant.
19 (l) Restitution ordered under this Section shall
20 not be subject to disbursement by the circuit clerk under
21 Section 27.5 of the Clerks of Courts Act.
22 (m) A restitution order under this Section is a
23 judgment lien in favor of the victim that:
24 (1) Attaches to the property of the person
25 subject to the order;
26 (2) May be perfected in the same manner as
27 provided in Part 3 of Article 9 of the Uniform
28 Commercial Code;
29 (3) May be enforced to satisfy any payment
30 that is delinquent under the restitution order by
31 the person in whose favor the order is issued or the
32 person's assignee; and
33 (4) Expires in the same manner as a judgment
34 lien created in a civil proceeding.
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1 When a restitution order is issued under this
2 Section, the issuing court shall send a certified copy of
3 the order to the clerk of the circuit court in the county
4 where the charge was filed. Upon receiving the order,
5 the clerk shall enter and index the order in the circuit
6 court judgment docket.
7 (n) An order of restitution under this Section does
8 not bar a civil action for:
9 (1) Damages that the court did not require the
10 person to pay to the victim under the restitution
11 order but arise from an injury or property damages
12 that is the basis of restitution ordered by the
13 court; and
14 (2) Other damages suffered by the victim.
15 The restitution order is not discharged by the completion
16 of the sentence imposed for the offense.
17 A restitution order under this Section is not discharged
18 by the liquidation of a person's estate by a receiver. A
19 restitution order under this Section may be enforced in the
20 same manner as judgment liens are enforced under Article XII
21 of the Code of Civil Procedure.
22 The provisions of Section 2-1303 of the Code of Civil
23 Procedure, providing for interest on judgments, apply to
24 judgments for restitution entered under this Section.
25 (Source: P.A. 90-465, eff. 1-1-98; 91-153, eff. 1-1-00;
26 91-262, eff. 1-1-00; 91-420, eff. 1-1-00; revised 9-30-99.)
27 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
28 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
29 (a) When a defendant is placed on supervision, the court
30 shall enter an order for supervision specifying the period of
31 such supervision, and shall defer further proceedings in the
32 case until the conclusion of the period.
33 (b) The period of supervision shall be reasonable under
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1 all of the circumstances of the case, but may not be longer
2 than 2 years, unless the defendant has failed to pay the
3 assessment required by Section 10.3 of the Cannabis Control
4 Act or Section 411.2 of the Illinois Controlled Substances
5 Act, in which case the court may extend supervision beyond 2
6 years. Additionally, the court shall order the defendant to
7 perform no less than 30 hours of community service and not
8 more than 120 hours of community service, if community
9 service is available in the jurisdiction and is funded and
10 approved by the county board where the offense was committed,
11 when the offense (1) was related to or in furtherance of the
12 criminal activities of an organized gang or was motivated by
13 the defendant's membership in or allegiance to an organized
14 gang; or (2) is a violation of any Section of Article 24 of
15 the Criminal Code of 1961 where a disposition of supervision
16 is not prohibited by Section 5-6-1 of this Code. The
17 community service shall include, but not be limited to, the
18 cleanup and repair of any damage caused by violation of
19 Section 21-1.3 of the Criminal Code of 1961 and similar
20 damages to property located within the municipality or county
21 in which the violation occurred. Where possible and
22 reasonable, the community service should be performed in the
23 offender's neighborhood.
24 For the purposes of this Section, "organized gang" has
25 the meaning ascribed to it in Section 10 of the Illinois
26 Streetgang Terrorism Omnibus Prevention Act.
27 (c) The court may in addition to other reasonable
28 conditions relating to the nature of the offense or the
29 rehabilitation of the defendant as determined for each
30 defendant in the proper discretion of the court require that
31 the person:
32 (1) make a report to and appear in person before or
33 participate with the court or such courts, person, or
34 social service agency as directed by the court in the
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1 order of supervision;
2 (2) pay a fine and costs;
3 (3) work or pursue a course of study or vocational
4 training;
5 (4) undergo medical, psychological or psychiatric
6 treatment; or treatment for drug addiction or alcoholism;
7 (5) attend or reside in a facility established for
8 the instruction or residence of defendants on probation;
9 (6) support his dependents;
10 (7) refrain from possessing a firearm or other
11 dangerous weapon;
12 (8) and in addition, if a minor:
13 (i) reside with his parents or in a foster
14 home;
15 (ii) attend school;
16 (iii) attend a non-residential program for
17 youth;
18 (iv) contribute to his own support at home or
19 in a foster home; and
20 (9) make restitution or reparation in an amount not
21 to exceed actual loss or damage to property and pecuniary
22 loss or make restitution under Section 5-5-6 to a
23 domestic violence shelter. The court shall determine the
24 amount and conditions of payment;
25 (10) perform some reasonable public or community
26 service;
27 (11) comply with the terms and conditions of an
28 order of protection issued by the court pursuant to the
29 Illinois Domestic Violence Act of 1986. If the court has
30 ordered the defendant to make a report and appear in
31 person under paragraph (1) of this subsection, a copy of
32 the order of protection shall be transmitted to the
33 person or agency so designated by the court;
34 (12) reimburse any "local anti-crime program" as
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1 defined in Section 7 of the Anti-Crime Advisory Council
2 Act for any reasonable expenses incurred by the program
3 on the offender's case, not to exceed the maximum amount
4 of the fine authorized for the offense for which the
5 defendant was sentenced;
6 (13) contribute a reasonable sum of money, not to
7 exceed the maximum amount of the fine authorized for the
8 offense for which the defendant was sentenced, to a
9 "local anti-crime program", as defined in Section 7 of
10 the Anti-Crime Advisory Council Act;
11 (14) refrain from entering into a designated
12 geographic area except upon such terms as the court finds
13 appropriate. Such terms may include consideration of the
14 purpose of the entry, the time of day, other persons
15 accompanying the defendant, and advance approval by a
16 probation officer;
17 (15) refrain from having any contact, directly or
18 indirectly, with certain specified persons or particular
19 types of person, including but not limited to members of
20 street gangs and drug users or dealers;
21 (16) refrain from having in his or her body the
22 presence of any illicit drug prohibited by the Cannabis
23 Control Act or the Illinois Controlled Substances Act,
24 unless prescribed by a physician, and submit samples of
25 his or her blood or urine or both for tests to determine
26 the presence of any illicit drug;
27 (17) refrain from operating any motor vehicle not
28 equipped with an ignition interlock device as defined in
29 Section 1-129.1 of the Illinois Vehicle Code. Under this
30 condition the court may allow a defendant who is not
31 self-employed to operate a vehicle owned by the
32 defendant's employer that is not equipped with an
33 ignition interlock device in the course and scope of the
34 defendant's employment.
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1 (d) The court shall defer entering any judgment on the
2 charges until the conclusion of the supervision.
3 (e) At the conclusion of the period of supervision, if
4 the court determines that the defendant has successfully
5 complied with all of the conditions of supervision, the court
6 shall discharge the defendant and enter a judgment dismissing
7 the charges.
8 (f) Discharge and dismissal upon a successful conclusion
9 of a disposition of supervision shall be deemed without
10 adjudication of guilt and shall not be termed a conviction
11 for purposes of disqualification or disabilities imposed by
12 law upon conviction of a crime. Two years after the
13 discharge and dismissal under this Section, unless the
14 disposition of supervision was for a violation of Sections
15 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
16 Vehicle Code or a similar provision of a local ordinance, or
17 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
18 Code of 1961, in which case it shall be 5 years after
19 discharge and dismissal, a person may have his record of
20 arrest sealed or expunged as may be provided by law.
21 However, any defendant placed on supervision before January
22 1, 1980, may move for sealing or expungement of his arrest
23 record, as provided by law, at any time after discharge and
24 dismissal under this Section. A person placed on supervision
25 for a sexual offense committed against a minor as defined in
26 subsection (g) of Section 5 of the Criminal Identification
27 Act or for a violation of Section 11-501 of the Illinois
28 Vehicle Code or a similar provision of a local ordinance
29 shall not have his or her record of arrest sealed or
30 expunged.
31 (g) A defendant placed on supervision and who during the
32 period of supervision undergoes mandatory drug or alcohol
33 testing, or both, or is assigned to be placed on an approved
34 electronic monitoring device, shall be ordered to pay the
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1 costs incidental to such mandatory drug or alcohol testing,
2 or both, and costs incidental to such approved electronic
3 monitoring in accordance with the defendant's ability to pay
4 those costs. The county board with the concurrence of the
5 Chief Judge of the judicial circuit in which the county is
6 located shall establish reasonable fees for the cost of
7 maintenance, testing, and incidental expenses related to the
8 mandatory drug or alcohol testing, or both, and all costs
9 incidental to approved electronic monitoring, of all
10 defendants placed on supervision. The concurrence of the
11 Chief Judge shall be in the form of an administrative order.
12 The fees shall be collected by the clerk of the circuit
13 court. The clerk of the circuit court shall pay all moneys
14 collected from these fees to the county treasurer who shall
15 use the moneys collected to defray the costs of drug testing,
16 alcohol testing, and electronic monitoring. The county
17 treasurer shall deposit the fees collected in the county
18 working cash fund under Section 6-27001 or Section 6-29002 of
19 the Counties Code, as the case may be.
20 (h) A disposition of supervision is a final order for
21 the purposes of appeal.
22 (i) The court shall impose upon a defendant placed on
23 supervision after January 1, 1992, as a condition of
24 supervision, a fee of $25 for each month of supervision
25 ordered by the court, unless after determining the inability
26 of the person placed on supervision to pay the fee, the court
27 assesses a lesser fee. The court may not impose the fee on a
28 minor who is made a ward of the State under the Juvenile
29 Court Act of 1987 while the minor is in placement. The fee
30 shall be imposed only upon a defendant who is actively
31 supervised by the probation and court services department.
32 The fee shall be collected by the clerk of the circuit court.
33 The clerk of the circuit court shall pay all monies collected
34 from this fee to the county treasurer for deposit in the
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1 probation and court services fund pursuant to Section 15.1 of
2 the Probation and Probation Officers Act.
3 (j) All fines and costs imposed under this Section for
4 any violation of Chapters 3, 4, 6, and 11 of the Illinois
5 Vehicle Code, or a similar provision of a local ordinance,
6 and any violation of the Child Passenger Protection Act, or a
7 similar provision of a local ordinance, shall be collected
8 and disbursed by the circuit clerk as provided under Section
9 27.5 of the Clerks of Courts Act.
10 (k) A defendant at least 17 years of age who is placed
11 on supervision for a misdemeanor in a county of 3,000,000 or
12 more inhabitants and who has not been previously convicted of
13 a misdemeanor or felony may as a condition of his or her
14 supervision be required by the court to attend educational
15 courses designed to prepare the defendant for a high school
16 diploma and to work toward a high school diploma or to work
17 toward passing the high school level Test of General
18 Educational Development (GED) or to work toward completing a
19 vocational training program approved by the court. The
20 defendant placed on supervision must attend a public
21 institution of education to obtain the educational or
22 vocational training required by this subsection (k). The
23 defendant placed on supervision shall be required to pay for
24 the cost of the educational courses or GED test, if a fee is
25 charged for those courses or test. The court shall revoke
26 the supervision of a person who wilfully fails to comply with
27 this subsection (k). The court shall resentence the
28 defendant upon revocation of supervision as provided in
29 Section 5-6-4. This subsection (k) does not apply to a
30 defendant who has a high school diploma or has successfully
31 passed the GED test. This subsection (k) does not apply to a
32 defendant who is determined by the court to be
33 developmentally disabled or otherwise mentally incapable of
34 completing the educational or vocational program.
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1 (l) The court shall require a defendant placed on
2 supervision for possession of a substance prohibited by the
3 Cannabis Control Act or Illinois Controlled Substances Act
4 after a previous conviction or disposition of supervision for
5 possession of a substance prohibited by the Cannabis Control
6 Act or Illinois Controlled Substances Act or a sentence of
7 probation under Section 10 of the Cannabis Control Act or
8 Section 410 of the Illinois Controlled Substances Act and
9 after a finding by the court that the person is addicted, to
10 undergo treatment at a substance abuse program approved by
11 the court.
12 (m) The court shall require a defendant placed on
13 supervision for a violation of Section 3-707 of the Illinois
14 Vehicle Code or a similar provision of a local ordinance, as
15 a condition of supervision, to give proof of his or her
16 financial responsibility as defined in Section 7-315 of the
17 Illinois Vehicle Code. The proof shall be maintained by the
18 defendant in a manner satisfactory to the Secretary of State
19 for a minimum period of one year after the date the proof is
20 first filed. The Secretary of State shall suspend the
21 driver's license of any person determined by the Secretary to
22 be in violation of this subsection.
23 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
24 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
25 1-1-99; 91-127, eff. 1-1-00.)
26 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
27 Sec. 5-8-1. Sentence of Imprisonment for Felony.
28 (a) Except as otherwise provided in the statute defining
29 the offense, a sentence of imprisonment for a felony shall be
30 a determinate sentence set by the court under this Section,
31 according to the following limitations:
32 (1) for first degree murder,
33 (a) a term shall be not less than 20 years and
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1 not more than 60 years, or
2 (b) if the court finds that the murder was
3 accompanied by exceptionally brutal or heinous
4 behavior indicative of wanton cruelty or, except as
5 set forth in subsection (a)(1)(c) of this Section,
6 that any of the aggravating factors listed in
7 subsection (b) of Section 9-1 of the Criminal Code
8 of 1961 are present, the court may sentence the
9 defendant to a term of natural life imprisonment, or
10 (c) the court shall sentence the defendant to
11 a term of natural life imprisonment when the death
12 penalty is not imposed if the defendant,
13 (i) has previously been convicted of
14 first degree murder under any state or federal
15 law, or
16 (ii) is a person who, at the time of the
17 commission of the murder, had attained the age
18 of 17 or more and is found guilty of murdering
19 an individual under 12 years of age; or,
20 irrespective of the defendant's age at the time
21 of the commission of the offense, is found
22 guilty of murdering more than one victim, or
23 (iii) is found guilty of murdering a
24 peace officer or fireman when the peace officer
25 or fireman was killed in the course of
26 performing his official duties, or to prevent
27 the peace officer or fireman from performing
28 his official duties, or in retaliation for the
29 peace officer or fireman performing his
30 official duties, and the defendant knew or
31 should have known that the murdered individual
32 was a peace officer or fireman, or
33 (iv) is found guilty of murdering an
34 employee of an institution or facility of the
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1 Department of Corrections, or any similar local
2 correctional agency, when the employee was
3 killed in the course of performing his official
4 duties, or to prevent the employee from
5 performing his official duties, or in
6 retaliation for the employee performing his
7 official duties, or
8 (v) is found guilty of murdering an
9 emergency medical technician - ambulance,
10 emergency medical technician - intermediate,
11 emergency medical technician - paramedic,
12 ambulance driver or other medical assistance or
13 first aid person while employed by a
14 municipality or other governmental unit when
15 the person was killed in the course of
16 performing official duties or to prevent the
17 person from performing official duties or in
18 retaliation for performing official duties and
19 the defendant knew or should have known that
20 the murdered individual was an emergency
21 medical technician - ambulance, emergency
22 medical technician - intermediate, emergency
23 medical technician - paramedic, ambulance
24 driver, or other medical assistant or first aid
25 personnel, or
26 (vi) is a person who, at the time of the
27 commission of the murder, had not attained the
28 age of 17, and is found guilty of murdering a
29 person under 12 years of age and the murder is
30 committed during the course of aggravated
31 criminal sexual assault, criminal sexual
32 assault, or aggravated kidnaping, or
33 (vii) is found guilty of first degree
34 murder and the murder was committed by reason
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1 of any person's activity as a community
2 policing volunteer or to prevent any person
3 from engaging in activity as a community
4 policing volunteer. For the purpose of this
5 Section, "community policing volunteer" has the
6 meaning ascribed to it in Section 2-3.5 of the
7 Criminal Code of 1961.
8 For purposes of clause (v), "emergency medical
9 technician - ambulance", "emergency medical
10 technician - intermediate", "emergency medical
11 technician - paramedic", have the meanings ascribed
12 to them in the Emergency Medical Services (EMS)
13 Systems Act.
14 (d) (i) if the person committed the offense
15 while armed with a firearm, 15 years shall be
16 added to the term of imprisonment imposed by
17 the court;
18 (ii) if, during the commission of the
19 offense, the person personally discharged a
20 firearm, 20 years shall be added to the term of
21 imprisonment imposed by the court;
22 (iii) if, during the commission of the
23 offense, the person personally discharged a
24 firearm that proximately caused great bodily
25 harm, permanent disability, permanent
26 disfigurement, or death to another person, 25
27 years or up to a term of natural life shall be
28 added to the term of imprisonment imposed by
29 the court.
30 (1.5) for second degree murder, a term shall be not
31 less than 4 years and not more than 20 years;
32 (2) for a person adjudged a habitual criminal under
33 Article 33B of the Criminal Code of 1961, as amended, the
34 sentence shall be a term of natural life imprisonment;
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1 (2.5) for a person convicted under the
2 circumstances described in paragraph (3) of subsection
3 (b) of Section 12-13, paragraph (2) of subsection (d) of
4 Section 12-14, paragraph (1.2) of subsection (b) of
5 Section 12-14.1, or paragraph (2) of subsection (b) of
6 Section 12-14.1 of the Criminal Code of 1961, the
7 sentence shall be a term of natural life imprisonment;
8 (3) except as otherwise provided in the statute
9 defining the offense, for a Class X felony, the sentence
10 shall be not less than 6 years and not more than 30
11 years;
12 (4) for a Class 1 felony, other than second degree
13 murder, the sentence shall be not less than 4 years and
14 not more than 15 years;
15 (5) for a Class 2 felony, the sentence shall be not
16 less than 3 years and not more than 7 years;
17 (6) for a Class 3 felony, the sentence shall be not
18 less than 2 years and not more than 5 years;
19 (7) for a Class 4 felony, the sentence shall be not
20 less than 1 year and not more than 3 years.
21 (b) The sentencing judge in each felony conviction shall
22 set forth his reasons for imposing the particular sentence he
23 enters in the case, as provided in Section 5-4-1 of this
24 Code. Those reasons may include any mitigating or
25 aggravating factors specified in this Code, or the lack of
26 any such circumstances, as well as any other such factors as
27 the judge shall set forth on the record that are consistent
28 with the purposes and principles of sentencing set out in
29 this Code.
30 (c) A motion to reduce a sentence may be made, or the
31 court may reduce a sentence without motion, within 30 days
32 after the sentence is imposed. A defendant's challenge to
33 the correctness of a sentence or to any aspect of the
34 sentencing hearing shall be made by a written motion filed
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1 within 30 days following the imposition of sentence.
2 However, the court may not increase a sentence once it is
3 imposed.
4 If a motion filed pursuant to this subsection is timely
5 filed within 30 days after the sentence is imposed, the
6 proponent of the motion shall exercise due diligence in
7 seeking a determination on the motion and the court shall
8 thereafter decide such motion within a reasonable time.
9 If a motion filed pursuant to this subsection is timely
10 filed within 30 days after the sentence is imposed, then for
11 purposes of perfecting an appeal, a final judgment shall not
12 be considered to have been entered until the motion to reduce
13 a sentence has been decided by order entered by the trial
14 court.
15 A motion filed pursuant to this subsection shall not be
16 considered to have been timely filed unless it is filed with
17 the circuit court clerk within 30 days after the sentence is
18 imposed together with a notice of motion, which notice of
19 motion shall set the motion on the court's calendar on a date
20 certain within a reasonable time after the date of filing.
21 (d) Except where a term of natural life is imposed,
22 every sentence shall include as though written therein a term
23 in addition to the term of imprisonment. For those sentenced
24 under the law in effect prior to February 1, 1978, such term
25 shall be identified as a parole term. For those sentenced on
26 or after February 1, 1978, such term shall be identified as a
27 mandatory supervised release term. Subject to earlier
28 termination under Section 3-3-8, the parole or mandatory
29 supervised release term shall be as follows:
30 (1) for first degree murder or a Class X felony, 3
31 years;
32 (2) for a Class 1 felony or a Class 2 felony, 2
33 years;
34 (3) for a Class 3 felony or a Class 4 felony, 1
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1 year;
2 (4) if the victim is under 18 years of age, for a
3 second or subsequent offense of criminal sexual assault
4 or aggravated criminal sexual assault, 5 years, at least
5 the first 2 years of which the defendant shall serve in
6 an electronic home detention program under Article 8A of
7 Chapter V of this Code;
8 (5) if the victim is under 18 years of age, for a
9 second or subsequent offense of aggravated criminal
10 sexual abuse or felony criminal sexual abuse, 4 years, at
11 least the first 2 years of which the defendant shall
12 serve in an electronic home detention program under
13 Article 8A of Chapter V of this Code.
14 (e) A defendant who has a previous and unexpired
15 sentence of imprisonment imposed by another state or by any
16 district court of the United States and who, after sentence
17 for a crime in Illinois, must return to serve the unexpired
18 prior sentence may have his sentence by the Illinois court
19 ordered to be concurrent with the prior sentence in the other
20 state. The court may order that any time served on the
21 unexpired portion of the sentence in the other state, prior
22 to his return to Illinois, shall be credited on his Illinois
23 sentence. The other state shall be furnished with a copy of
24 the order imposing sentence which shall provide that, when
25 the offender is released from confinement of the other state,
26 whether by parole or by termination of sentence, the offender
27 shall be transferred by the Sheriff of the committing county
28 to the Illinois Department of Corrections. The court shall
29 cause the Department of Corrections to be notified of such
30 sentence at the time of commitment and to be provided with
31 copies of all records regarding the sentence.
32 (f) A defendant who has a previous and unexpired
33 sentence of imprisonment imposed by an Illinois circuit court
34 for a crime in this State and who is subsequently sentenced
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1 to a term of imprisonment by another state or by any district
2 court of the United States and who has served a term of
3 imprisonment imposed by the other state or district court of
4 the United States, and must return to serve the unexpired
5 prior sentence imposed by the Illinois Circuit Court may
6 apply to the court which imposed sentence to have his
7 sentence reduced.
8 The circuit court may order that any time served on the
9 sentence imposed by the other state or district court of the
10 United States be credited on his Illinois sentence. Such
11 application for reduction of a sentence under this
12 subsection (f) shall be made within 30 days after the
13 defendant has completed the sentence imposed by the other
14 state or district court of the United States.
15 (Source: P.A. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99;
16 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.".