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91_HB1511enr HB1511 Enrolled LRB9104882RCdv 1 AN ACT in relation to criminal sentencing. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 111-3 as follows: 6 (725 ILCS 5/111-3) (from Ch. 38, par. 111-3) 7 Sec. 111-3. Form of charge. (a) A charge shall be in 8 writing and allege the commission of an offense by: 9 (1) Stating the name of the offense; 10 (2) Citing the statutory provision alleged to have been 11 violated; 12 (3) Setting forth the nature and elements of the offense 13 charged; 14 (4) Stating the date and county of the offense as 15 definitely as can be done; and 16 (5) Stating the name of the accused, if known, and if 17 not known, designate the accused by any name or description 18 by which he can be identified with reasonable certainty. 19 (b) An indictment shall be signed by the foreman of the 20 Grand Jury and an information shall be signed by the State's 21 Attorney and sworn to by him or another. A complaint shall be 22 sworn to and signed by the complainant; Provided, however, 23 that when a citation is issued on a Uniform Traffic Ticket or 24 Uniform Conservation Ticket (in a form prescribed by the 25 Conference of Chief Circuit Judges and filed with the Supreme 26 Court), the copy of such Uniform Ticket which is filed with 27 the circuit court constitutes a complaint to which the 28 defendant may plead, unless he specifically requests that a 29 verified complaint be filed. 30 (c) When the State seeks an enhanced sentence because of 31 a prior conviction, the charge shall also state the intention HB1511 Enrolled -2- LRB9104882RCdv 1 to seek an enhanced sentence and shall state such prior 2 conviction so as to give notice to the defendant. However, 3 the fact of such prior conviction and the State's intention 4 to seek an enhanced sentence are not elements of the offense 5 and may not be disclosed to the jury during trial unless 6 otherwise permitted by issues properly raised during such 7 trial. For the purposes of this Section, "enhanced sentence" 8 means a sentence which is increased by a prior conviction 9 from one classification of offense to another higher level 10 classification of offense set forth in Section 5-5-1 of the 11 "Unified Code of Corrections", approved July 26, 1972, as 12 amended; it does not include an increase in the sentence 13 applied within the same level of classification of offense. 14 (c-5) Notwithstanding any other provision of law, in all 15 cases in which the imposition of the death penalty is not a 16 possibility, if an alleged fact (other than the fact of a 17 prior conviction) is not an element of an offense but is 18 sought to be used to increase the range of penalties for the 19 offense beyond the statutory maximum that could otherwise be 20 imposed for the offense, the alleged fact must be included in 21 the charging instrument or otherwise provided to the 22 defendant through a written notification before trial, 23 submitted to a trier of fact as an aggravating factor, and 24 proved beyond a reasonable doubt. Failure to prove the fact 25 beyond a reasonable doubt is not a bar to a conviction for 26 commission of the offense, but is a bar to increasing, based 27 on that fact, the range of penalties for the offense beyond 28 the statutory maximum that could otherwise be imposed for 29 that offense. Nothing in this subsection (c-5) requires the 30 imposition of a sentence that increases the range of 31 penalties for the offense beyond the statutory maximum that 32 could otherwise be imposed for the offense if the imposition 33 of that sentence is not required by law. 34 (d) At any time prior to trial, the State on motion HB1511 Enrolled -3- LRB9104882RCdv 1 shall be permitted to amend the charge, whether brought by 2 indictment, information or complaint, to make the charge 3 comply with subsection (c) or (c-5) of this Section. Nothing 4 in Section 103-5 of this Code precludes such an amendment or 5 a written notification made in accordance with subsection 6 (c-5) of this Section. 7 (e) The provisions of Article 33B of the Criminal Code 8 of 1961, as amended, shall not be affected by this Section. 9 (Source: P.A. 86-964.) 10 Section 10. The Unified Code of Corrections is amended 11 by changing Sections 5-5-3, 5-5-4, 5-8-1, and 5-8-2 as 12 follows: 13 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 14 Sec. 5-5-3. Disposition. 15 (a) Every person convicted of an offense shall be 16 sentenced as provided in this Section. 17 (b) The following options shall be appropriate 18 dispositions, alone or in combination, for all felonies and 19 misdemeanors other than those identified in subsection (c) of 20 this Section: 21 (1) A period of probation. 22 (2) A term of periodic imprisonment. 23 (3) A term of conditional discharge. 24 (4) A term of imprisonment. 25 (5) An order directing the offender to clean up and 26 repair the damage, if the offender was convicted under 27 paragraph (h) of Section 21-1 of the Criminal Code of 28 1961. 29 (6) A fine. 30 (7) An order directing the offender to make 31 restitution to the victim under Section 5-5-6 of this 32 Code. HB1511 Enrolled -4- LRB9104882RCdv 1 (8) A sentence of participation in a county impact 2 incarceration program under Section 5-8-1.2 of this Code. 3 Whenever an individual is sentenced for an offense based 4 upon an arrest for a violation of Section 11-501 of the 5 Illinois Vehicle Code, or a similar provision of a local 6 ordinance, and the professional evaluation recommends 7 remedial or rehabilitative treatment or education, neither 8 the treatment nor the education shall be the sole disposition 9 and either or both may be imposed only in conjunction with 10 another disposition. The court shall monitor compliance with 11 any remedial education or treatment recommendations contained 12 in the professional evaluation. Programs conducting alcohol 13 or other drug evaluation or remedial education must be 14 licensed by the Department of Human Services. However, if 15 the individual is not a resident of Illinois, the court may 16 accept an alcohol or other drug evaluation or remedial 17 education program in the state of such individual's 18 residence. Programs providing treatment must be licensed 19 under existing applicable alcoholism and drug treatment 20 licensure standards. 21 In addition to any other fine or penalty required by law, 22 any individual convicted of a violation of Section 11-501 of 23 the Illinois Vehicle Code or a similar provision of local 24 ordinance, whose operation of a motor vehicle while in 25 violation of Section 11-501 or such ordinance proximately 26 caused an incident resulting in an appropriate emergency 27 response, shall be required to make restitution to a public 28 agency for the costs of that emergency response. Such 29 restitution shall not exceed $500 per public agency for each 30 such emergency response. For the purpose of this paragraph, 31 emergency response shall mean any incident requiring a 32 response by: a police officer as defined under Section 1-162 33 of the Illinois Vehicle Code; a fireman carried on the rolls 34 of a regularly constituted fire department; and an ambulance HB1511 Enrolled -5- LRB9104882RCdv 1 as defined under Section 4.05 of the Emergency Medical 2 Services (EMS) Systems Act. 3 Neither a fine nor restitution shall be the sole 4 disposition for a felony and either or both may be imposed 5 only in conjunction with another disposition. 6 (c) (1) When a defendant is found guilty of first degree 7 murder the State may either seek a sentence of 8 imprisonment under Section 5-8-1 of this Code, or where 9 appropriate seek a sentence of death under Section 9-1 of 10 the Criminal Code of 1961. 11 (2) A period of probation, a term of periodic 12 imprisonment or conditional discharge shall not be 13 imposed for the following offenses. The court shall 14 sentence the offender to not less than the minimum term 15 of imprisonment set forth in this Code for the following 16 offenses, and may order a fine or restitution or both in 17 conjunction with such term of imprisonment: 18 (A) First degree murder where the death 19 penalty is not imposed. 20 (B) Attempted first degree murder. 21 (C) A Class X felony. 22 (D) A violation of Section 401.1 or 407 of the 23 Illinois Controlled Substances Act, or a violation 24 of subdivision (c)(2) of Section 401 of that Act 25 which relates to more than 5 grams of a substance 26 containing cocaine or an analog thereof. 27 (E) A violation of Section 5.1 or 9 of the 28 Cannabis Control Act. 29 (F) A Class 2 or greater felony if the 30 offender had been convicted of a Class 2 or greater 31 felony within 10 years of the date on which the 32 offender committed the offense for which he or she 33 is being sentenced, except as otherwise provided in 34 Section 40-10 of the Alcoholism and Other Drug Abuse HB1511 Enrolled -6- LRB9104882RCdv 1 and Dependency Act. 2 (G) Residential burglary, except as otherwise 3 provided in Section 40-10 of the Alcoholism and 4 Other Drug Abuse and Dependency Act. 5 (H) Criminal sexual assault, except as 6 otherwise provided in subsection (e) of this 7 Section. 8 (I) Aggravated battery of a senior citizen. 9 (J) A forcible felony if the offense was 10 related to the activities of an organized gang. 11 Before July 1, 1994, for the purposes of this 12 paragraph, "organized gang" means an association of 13 5 or more persons, with an established hierarchy, 14 that encourages members of the association to 15 perpetrate crimes or provides support to the members 16 of the association who do commit crimes. 17 Beginning July 1, 1994, for the purposes of 18 this paragraph, "organized gang" has the meaning 19 ascribed to it in Section 10 of the Illinois 20 Streetgang Terrorism Omnibus Prevention Act. 21 (K) Vehicular hijacking. 22 (L) A second or subsequent conviction for the 23 offense of hate crime when the underlying offense 24 upon which the hate crime is based is felony 25 aggravated assault or felony mob action. 26 (M) A second or subsequent conviction for the 27 offense of institutional vandalism if the damage to 28 the property exceeds $300. 29 (N) A Class 3 felony violation of paragraph 30 (1) of subsection (a) of Section 2 of the Firearm 31 Owners Identification Card Act. 32 (O) A violation of Section 12-6.1 of the 33 Criminal Code of 1961. 34 (P) A violation of paragraph (1), (2), (3), HB1511 Enrolled -7- LRB9104882RCdv 1 (4), (5), or (7) of subsection (a) of Section 2 11-20.1 of the Criminal Code of 1961. 3 (Q) A violation of Section 20-1.2 of the 4 Criminal Code of 1961. 5 (R) A violation of Section 24-3A of the 6 Criminal Code of 1961. 7 (3) A minimum term of imprisonment of not less than 8 48 consecutive hours or 100 hours of community service as 9 may be determined by the court shall be imposed for a 10 second or subsequent violation committed within 5 years 11 of a previous violation of Section 11-501 of the Illinois 12 Vehicle Code or a similar provision of a local ordinance. 13 (4) A minimum term of imprisonment of not less than 14 7 consecutive days or 30 days of community service shall 15 be imposed for a violation of paragraph (c) of Section 16 6-303 of the Illinois Vehicle Code. 17 (4.1) A minimum term of 30 consecutive days of 18 imprisonment, 40 days of 24 hour periodic imprisonment or 19 720 hours of community service, as may be determined by 20 the court, shall be imposed for a violation of Section 21 11-501 of the Illinois Vehicle Code during a period in 22 which the defendant's driving privileges are revoked or 23 suspended, where the revocation or suspension was for a 24 violation of Section 11-501 or Section 11-501.1 of that 25 Code. 26 (5) The court may sentence an offender convicted of 27 a business offense or a petty offense or a corporation or 28 unincorporated association convicted of any offense to: 29 (A) a period of conditional discharge; 30 (B) a fine; 31 (C) make restitution to the victim under 32 Section 5-5-6 of this Code. 33 (6) In no case shall an offender be eligible for a 34 disposition of probation or conditional discharge for a HB1511 Enrolled -8- LRB9104882RCdv 1 Class 1 felony committed while he was serving a term of 2 probation or conditional discharge for a felony. 3 (7) When a defendant is adjudged a habitual 4 criminal under Article 33B of the Criminal Code of 1961, 5 the court shall sentence the defendant to a term of 6 natural life imprisonment. 7 (8) When a defendant, over the age of 21 years, is 8 convicted of a Class 1 or Class 2 felony, after having 9 twice been convicted of any Class 2 or greater Class 10 felonies in Illinois, and such charges are separately 11 brought and tried and arise out of different series of 12 acts, such defendant shall be sentenced as a Class X 13 offender. This paragraph shall not apply unless (1) the 14 first felony was committed after the effective date of 15 this amendatory Act of 1977; and (2) the second felony 16 was committed after conviction on the first; and (3) the 17 third felony was committed after conviction on the 18 second. 19 (9) A defendant convicted of a second or subsequent 20 offense of ritualized abuse of a child may be sentenced 21 to a term of natural life imprisonment. 22 (d) In any case in which a sentence originally imposed 23 is vacated, the case shall be remanded to the trial court. 24 The trial court shall hold a hearing under Section 5-4-1 of 25 the Unified Code of Corrections which may include evidence of 26 the defendant's life, moral character and occupation during 27 the time since the original sentence was passed. The trial 28 court shall then impose sentence upon the defendant. The 29 trial court may impose any sentence which could have been 30 imposed at the original trial subject to Section 5-5-4 of the 31 Unified Code of Corrections. If a sentence is vacated on 32 appeal or on collateral attack due to the failure of the 33 trier of fact at trial to determine beyond a reasonable doubt 34 the existence of a fact (other than a prior conviction) HB1511 Enrolled -9- LRB9104882RCdv 1 necessary to increase the punishment for the offense beyond 2 the statutory maximum otherwise applicable, either the 3 defendant may be re-sentenced to a term within the range 4 otherwise provided or, if the State files notice of its 5 intention to again seek the extended sentence, the defendant 6 shall be afforded a new trial. 7 (e) In cases where prosecution for criminal sexual 8 assault or aggravated criminal sexual abuse under Section 9 12-13 or 12-16 of the Criminal Code of 1961 results in 10 conviction of a defendant who was a family member of the 11 victim at the time of the commission of the offense, the 12 court shall consider the safety and welfare of the victim and 13 may impose a sentence of probation only where: 14 (1) the court finds (A) or (B) or both are 15 appropriate: 16 (A) the defendant is willing to undergo a 17 court approved counseling program for a minimum 18 duration of 2 years; or 19 (B) the defendant is willing to participate in 20 a court approved plan including but not limited to 21 the defendant's: 22 (i) removal from the household; 23 (ii) restricted contact with the victim; 24 (iii) continued financial support of the 25 family; 26 (iv) restitution for harm done to the 27 victim; and 28 (v) compliance with any other measures 29 that the court may deem appropriate; and 30 (2) the court orders the defendant to pay for the 31 victim's counseling services, to the extent that the 32 court finds, after considering the defendant's income and 33 assets, that the defendant is financially capable of 34 paying for such services, if the victim was under 18 HB1511 Enrolled -10- LRB9104882RCdv 1 years of age at the time the offense was committed and 2 requires counseling as a result of the offense. 3 Probation may be revoked or modified pursuant to Section 4 5-6-4; except where the court determines at the hearing that 5 the defendant violated a condition of his or her probation 6 restricting contact with the victim or other family members 7 or commits another offense with the victim or other family 8 members, the court shall revoke the defendant's probation and 9 impose a term of imprisonment. 10 For the purposes of this Section, "family member" and 11 "victim" shall have the meanings ascribed to them in Section 12 12-12 of the Criminal Code of 1961. 13 (f) This Article shall not deprive a court in other 14 proceedings to order a forfeiture of property, to suspend or 15 cancel a license, to remove a person from office, or to 16 impose any other civil penalty. 17 (g) Whenever a defendant is convicted of an offense 18 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 19 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 20 12-15 or 12-16 of the Criminal Code of 1961, the defendant 21 shall undergo medical testing to determine whether the 22 defendant has any sexually transmissible disease, including a 23 test for infection with human immunodeficiency virus (HIV) or 24 any other identified causative agent of acquired 25 immunodeficiency syndrome (AIDS). Any such medical test 26 shall be performed only by appropriately licensed medical 27 practitioners and may include an analysis of any bodily 28 fluids as well as an examination of the defendant's person. 29 Except as otherwise provided by law, the results of such test 30 shall be kept strictly confidential by all medical personnel 31 involved in the testing and must be personally delivered in a 32 sealed envelope to the judge of the court in which the 33 conviction was entered for the judge's inspection in camera. 34 Acting in accordance with the best interests of the victim HB1511 Enrolled -11- LRB9104882RCdv 1 and the public, the judge shall have the discretion to 2 determine to whom, if anyone, the results of the testing may 3 be revealed. The court shall notify the defendant of the test 4 results. The court shall also notify the victim if requested 5 by the victim, and if the victim is under the age of 15 and 6 if requested by the victim's parents or legal guardian, the 7 court shall notify the victim's parents or legal guardian of 8 the test results. The court shall provide information on the 9 availability of HIV testing and counseling at Department of 10 Public Health facilities to all parties to whom the results 11 of the testing are revealed and shall direct the State's 12 Attorney to provide the information to the victim when 13 possible. A State's Attorney may petition the court to obtain 14 the results of any HIV test administered under this Section, 15 and the court shall grant the disclosure if the State's 16 Attorney shows it is relevant in order to prosecute a charge 17 of criminal transmission of HIV under Section 12-16.2 of the 18 Criminal Code of 1961 against the defendant. The court shall 19 order that the cost of any such test shall be paid by the 20 county and may be taxed as costs against the convicted 21 defendant. 22 (g-5) When an inmate is tested for an airborne 23 communicable disease, as determined by the Illinois 24 Department of Public Health including but not limited to 25 tuberculosis, the results of the test shall be personally 26 delivered by the warden or his or her designee in a sealed 27 envelope to the judge of the court in which the inmate must 28 appear for the judge's inspection in camera if requested by 29 the judge. Acting in accordance with the best interests of 30 those in the courtroom, the judge shall have the discretion 31 to determine what if any precautions need to be taken to 32 prevent transmission of the disease in the courtroom. 33 (h) Whenever a defendant is convicted of an offense 34 under Section 1 or 2 of the Hypodermic Syringes and Needles HB1511 Enrolled -12- LRB9104882RCdv 1 Act, the defendant shall undergo medical testing to determine 2 whether the defendant has been exposed to human 3 immunodeficiency virus (HIV) or any other identified 4 causative agent of acquired immunodeficiency syndrome (AIDS). 5 Except as otherwise provided by law, the results of such test 6 shall be kept strictly confidential by all medical personnel 7 involved in the testing and must be personally delivered in a 8 sealed envelope to the judge of the court in which the 9 conviction was entered for the judge's inspection in camera. 10 Acting in accordance with the best interests of the public, 11 the judge shall have the discretion to determine to whom, if 12 anyone, the results of the testing may be revealed. The court 13 shall notify the defendant of a positive test showing an 14 infection with the human immunodeficiency virus (HIV). The 15 court shall provide information on the availability of HIV 16 testing and counseling at Department of Public Health 17 facilities to all parties to whom the results of the testing 18 are revealed and shall direct the State's Attorney to provide 19 the information to the victim when possible. A State's 20 Attorney may petition the court to obtain the results of any 21 HIV test administered under this Section, and the court 22 shall grant the disclosure if the State's Attorney shows it 23 is relevant in order to prosecute a charge of criminal 24 transmission of HIV under Section 12-16.2 of the Criminal 25 Code of 1961 against the defendant. The court shall order 26 that the cost of any such test shall be paid by the county 27 and may be taxed as costs against the convicted defendant. 28 (i) All fines and penalties imposed under this Section 29 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 30 Vehicle Code, or a similar provision of a local ordinance, 31 and any violation of the Child Passenger Protection Act, or a 32 similar provision of a local ordinance, shall be collected 33 and disbursed by the circuit clerk as provided under Section 34 27.5 of the Clerks of Courts Act. HB1511 Enrolled -13- LRB9104882RCdv 1 (j) In cases when prosecution for any violation of 2 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 3 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 4 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 5 12-16 of the Criminal Code of 1961, any violation of the 6 Illinois Controlled Substances Act, or any violation of the 7 Cannabis Control Act results in conviction, a disposition of 8 court supervision, or an order of probation granted under 9 Section 10 of the Cannabis Control Act or Section 410 of the 10 Illinois Controlled Substance Act of a defendant, the court 11 shall determine whether the defendant is employed by a 12 facility or center as defined under the Child Care Act of 13 1969, a public or private elementary or secondary school, or 14 otherwise works with children under 18 years of age on a 15 daily basis. When a defendant is so employed, the court 16 shall order the Clerk of the Court to send a copy of the 17 judgment of conviction or order of supervision or probation 18 to the defendant's employer by certified mail. If the 19 employer of the defendant is a school, the Clerk of the Court 20 shall direct the mailing of a copy of the judgment of 21 conviction or order of supervision or probation to the 22 appropriate regional superintendent of schools. The regional 23 superintendent of schools shall notify the State Board of 24 Education of any notification under this subsection. 25 (j-5) A defendant at least 17 years of age who is 26 convicted of a felony and who has not been previously 27 convicted of a misdemeanor or felony and who is sentenced to 28 a term of imprisonment in the Illinois Department of 29 Corrections shall as a condition of his or her sentence be 30 required by the court to attend educational courses designed 31 to prepare the defendant for a high school diploma and to 32 work toward a high school diploma or to work toward passing 33 the high school level Test of General Educational Development 34 (GED) or to work toward completing a vocational training HB1511 Enrolled -14- LRB9104882RCdv 1 program offered by the Department of Corrections. If a 2 defendant fails to complete the educational training required 3 by his or her sentence during the term of incarceration, the 4 Prisoner Review Board shall, as a condition of mandatory 5 supervised release, require the defendant, at his or her own 6 expense, to pursue a course of study toward a high school 7 diploma or passage of the GED test. The Prisoner Review 8 Board shall revoke the mandatory supervised release of a 9 defendant who wilfully fails to comply with this subsection 10 (j-5) upon his or her release from confinement in a penal 11 institution while serving a mandatory supervised release 12 term; however, the inability of the defendant after making a 13 good faith effort to obtain financial aid or pay for the 14 educational training shall not be deemed a wilful failure to 15 comply. The Prisoner Review Board shall recommit the 16 defendant whose mandatory supervised release term has been 17 revoked under this subsection (j-5) as provided in Section 18 3-3-9. This subsection (j-5) does not apply to a defendant 19 who has a high school diploma or has successfully passed the 20 GED test. This subsection (j-5) does not apply to a defendant 21 who is determined by the court to be developmentally disabled 22 or otherwise mentally incapable of completing the educational 23 or vocational program. 24 (k) A court may not impose a sentence or disposition for 25 a felony or misdemeanor that requires the defendant to be 26 implanted or injected with or to use any form of birth 27 control. 28 (l) (A) Except as provided in paragraph (C) of 29 subsection (l), whenever a defendant, who is an alien as 30 defined by the Immigration and Nationality Act, is 31 convicted of any felony or misdemeanor offense, the court 32 after sentencing the defendant may, upon motion of the 33 State's Attorney, hold sentence in abeyance and remand 34 the defendant to the custody of the Attorney General of HB1511 Enrolled -15- LRB9104882RCdv 1 the United States or his or her designated agent to be 2 deported when: 3 (1) a final order of deportation has been 4 issued against the defendant pursuant to proceedings 5 under the Immigration and Nationality Act, and 6 (2) the deportation of the defendant would not 7 deprecate the seriousness of the defendant's conduct 8 and would not be inconsistent with the ends of 9 justice. 10 Otherwise, the defendant shall be sentenced as 11 provided in this Chapter V. 12 (B) If the defendant has already been sentenced for 13 a felony or misdemeanor offense, or has been placed on 14 probation under Section 10 of the Cannabis Control Act or 15 Section 410 of the Illinois Controlled Substances Act, 16 the court may, upon motion of the State's Attorney to 17 suspend the sentence imposed, commit the defendant to the 18 custody of the Attorney General of the United States or 19 his or her designated agent when: 20 (1) a final order of deportation has been 21 issued against the defendant pursuant to proceedings 22 under the Immigration and Nationality Act, and 23 (2) the deportation of the defendant would not 24 deprecate the seriousness of the defendant's conduct 25 and would not be inconsistent with the ends of 26 justice. 27 (C) This subsection (l) does not apply to offenders 28 who are subject to the provisions of paragraph (2) of 29 subsection (a) of Section 3-6-3. 30 (D) Upon motion of the State's Attorney, if a 31 defendant sentenced under this Section returns to the 32 jurisdiction of the United States, the defendant shall be 33 recommitted to the custody of the county from which he or 34 she was sentenced. Thereafter, the defendant shall be HB1511 Enrolled -16- LRB9104882RCdv 1 brought before the sentencing court, which may impose any 2 sentence that was available under Section 5-5-3 at the 3 time of initial sentencing. In addition, the defendant 4 shall not be eligible for additional good conduct credit 5 for meritorious service as provided under Section 3-6-6. 6 (m) A person convicted of criminal defacement of 7 property under Section 21-1.3 of the Criminal Code of 1961, 8 in which the property damage exceeds $300 and the property 9 damaged is a school building, shall be ordered to perform 10 community service that may include cleanup, removal, or 11 painting over the defacement. 12 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 13 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 14 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 15 12-22-99; 91-695, eff. 4-13-00.) 16 (730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4) 17 Sec. 5-5-4. Resentences. 18 Where a conviction or sentence has been set aside on 19 direct review or on collateral attack, the court shall not 20 impose a new sentence for the same offense or for a different 21 offense based on the same conduct which is more severe than 22 the prior sentence less the portion of the prior sentence 23 previously satisfied unless the more severe sentence is based 24 upon conduct on the part of the defendant occurring after the 25 original sentencing. If a sentence is vacated on appeal or on 26 collateral attack due to the failure of the trier of fact at 27 trial to determine beyond a reasonable doubt the existence of 28 a fact (other than a prior conviction) necessary to increase 29 the punishment for the offense beyond the statutory maximum 30 otherwise applicable, either the defendant may be 31 re-sentenced to a term within the range otherwise provided 32 or, if the State files notice of its intention to again seek 33 the extended sentence, the defendant shall be afforded a new HB1511 Enrolled -17- LRB9104882RCdv 1 trial. 2 (Source: P.A. 77-2097.) 3 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) 4 Sec. 5-8-1. Sentence of Imprisonment for Felony. 5 (a) Except as otherwise provided in the statute defining 6 the offense, a sentence of imprisonment for a felony shall be 7 a determinate sentence set by the court under this Section, 8 according to the following limitations: 9 (1) for first degree murder, 10 (a) a term shall be not less than 20 years and 11 not more than 60 years, or 12 (b) if a trier of factthe courtfinds beyond 13 a reasonable doubt that the murder was accompanied 14 by exceptionally brutal or heinous behavior 15 indicative of wanton cruelty or, except as set forth 16 in subsection (a)(1)(c) of this Section, that any of 17 the aggravating factors listed in subsection (b) of 18 Section 9-1 of the Criminal Code of 1961 are 19 present, the court may sentence the defendant to a 20 term of natural life imprisonment, or 21 (c) the court shall sentence the defendant to 22 a term of natural life imprisonment when the death 23 penalty is not imposed if the defendant, 24 (i) has previously been convicted of 25 first degree murder under any state or federal 26 law, or 27 (ii) is a person who, at the time of the 28 commission of the murder, had attained the age 29 of 17 or more and is found guilty of murdering 30 an individual under 12 years of age; or, 31 irrespective of the defendant's age at the time 32 of the commission of the offense, is found 33 guilty of murdering more than one victim, or HB1511 Enrolled -18- LRB9104882RCdv 1 (iii) is found guilty of murdering a 2 peace officer or fireman when the peace officer 3 or fireman was killed in the course of 4 performing his official duties, or to prevent 5 the peace officer or fireman from performing 6 his official duties, or in retaliation for the 7 peace officer or fireman performing his 8 official duties, and the defendant knew or 9 should have known that the murdered individual 10 was a peace officer or fireman, or 11 (iv) is found guilty of murdering an 12 employee of an institution or facility of the 13 Department of Corrections, or any similar local 14 correctional agency, when the employee was 15 killed in the course of performing his official 16 duties, or to prevent the employee from 17 performing his official duties, or in 18 retaliation for the employee performing his 19 official duties, or 20 (v) is found guilty of murdering an 21 emergency medical technician - ambulance, 22 emergency medical technician - intermediate, 23 emergency medical technician - paramedic, 24 ambulance driver or other medical assistance or 25 first aid person while employed by a 26 municipality or other governmental unit when 27 the person was killed in the course of 28 performing official duties or to prevent the 29 person from performing official duties or in 30 retaliation for performing official duties and 31 the defendant knew or should have known that 32 the murdered individual was an emergency 33 medical technician - ambulance, emergency 34 medical technician - intermediate, emergency HB1511 Enrolled -19- LRB9104882RCdv 1 medical technician - paramedic, ambulance 2 driver, or other medical assistant or first aid 3 personnel, or 4 (vi) is a person who, at the time of the 5 commission of the murder, had not attained the 6 age of 17, and is found guilty of murdering a 7 person under 12 years of age and the murder is 8 committed during the course of aggravated 9 criminal sexual assault, criminal sexual 10 assault, or aggravated kidnaping, or 11 (vii) is found guilty of first degree 12 murder and the murder was committed by reason 13 of any person's activity as a community 14 policing volunteer or to prevent any person 15 from engaging in activity as a community 16 policing volunteer. For the purpose of this 17 Section, "community policing volunteer" has the 18 meaning ascribed to it in Section 2-3.5 of the 19 Criminal Code of 1961. 20 For purposes of clause (v), "emergency medical 21 technician - ambulance", "emergency medical 22 technician - intermediate", "emergency medical 23 technician - paramedic", have the meanings ascribed 24 to them in the Emergency Medical Services (EMS) 25 Systems Act. 26 (d) (i) if the person committed the offense 27 while armed with a firearm, 15 years shall be 28 added to the term of imprisonment imposed by 29 the court; 30 (ii) if, during the commission of the 31 offense, the person personally discharged a 32 firearm, 20 years shall be added to the term of 33 imprisonment imposed by the court; 34 (iii) if, during the commission of the HB1511 Enrolled -20- LRB9104882RCdv 1 offense, the person personally discharged a 2 firearm that proximately caused great bodily 3 harm, permanent disability, permanent 4 disfigurement, or death to another person, 25 5 years or up to a term of natural life shall be 6 added to the term of imprisonment imposed by 7 the court. 8 (1.5) for second degree murder, a term shall be not 9 less than 4 years and not more than 20 years; 10 (2) for a person adjudged a habitual criminal under 11 Article 33B of the Criminal Code of 1961, as amended, the 12 sentence shall be a term of natural life imprisonment; 13 (2.5) for a person convicted under the 14 circumstances described in paragraph (3) of subsection 15 (b) of Section 12-13, paragraph (2) of subsection (d) of 16 Section 12-14, paragraph (1.2) of subsection (b) of 17 Section 12-14.1, or paragraph (2) of subsection (b) of 18 Section 12-14.1 of the Criminal Code of 1961, the 19 sentence shall be a term of natural life imprisonment; 20 (3) except as otherwise provided in the statute 21 defining the offense, for a Class X felony, the sentence 22 shall be not less than 6 years and not more than 30 23 years; 24 (4) for a Class 1 felony, other than second degree 25 murder, the sentence shall be not less than 4 years and 26 not more than 15 years; 27 (5) for a Class 2 felony, the sentence shall be not 28 less than 3 years and not more than 7 years; 29 (6) for a Class 3 felony, the sentence shall be not 30 less than 2 years and not more than 5 years; 31 (7) for a Class 4 felony, the sentence shall be not 32 less than 1 year and not more than 3 years. 33 (b) The sentencing judge in each felony conviction shall 34 set forth his reasons for imposing the particular sentence he HB1511 Enrolled -21- LRB9104882RCdv 1 enters in the case, as provided in Section 5-4-1 of this 2 Code. Those reasons may include any mitigating or 3 aggravating factors specified in this Code, or the lack of 4 any such circumstances, as well as any other such factors as 5 the judge shall set forth on the record that are consistent 6 with the purposes and principles of sentencing set out in 7 this Code. 8 (c) A motion to reduce a sentence may be made, or the 9 court may reduce a sentence without motion, within 30 days 10 after the sentence is imposed. A defendant's challenge to 11 the correctness of a sentence or to any aspect of the 12 sentencing hearing shall be made by a written motion filed 13 within 30 days following the imposition of sentence. 14 However, the court may not increase a sentence once it is 15 imposed. 16 If a motion filed pursuant to this subsection is timely 17 filed within 30 days after the sentence is imposed, the 18 proponent of the motion shall exercise due diligence in 19 seeking a determination on the motion and the court shall 20 thereafter decide such motion within a reasonable time. 21 If a motion filed pursuant to this subsection is timely 22 filed within 30 days after the sentence is imposed, then for 23 purposes of perfecting an appeal, a final judgment shall not 24 be considered to have been entered until the motion to reduce 25 a sentence has been decided by order entered by the trial 26 court. 27 A motion filed pursuant to this subsection shall not be 28 considered to have been timely filed unless it is filed with 29 the circuit court clerk within 30 days after the sentence is 30 imposed together with a notice of motion, which notice of 31 motion shall set the motion on the court's calendar on a date 32 certain within a reasonable time after the date of filing. 33 (d) Except where a term of natural life is imposed, 34 every sentence shall include as though written therein a term HB1511 Enrolled -22- LRB9104882RCdv 1 in addition to the term of imprisonment. For those sentenced 2 under the law in effect prior to February 1, 1978, such term 3 shall be identified as a parole term. For those sentenced on 4 or after February 1, 1978, such term shall be identified as a 5 mandatory supervised release term. Subject to earlier 6 termination under Section 3-3-8, the parole or mandatory 7 supervised release term shall be as follows: 8 (1) for first degree murder or a Class X felony, 3 9 years; 10 (2) for a Class 1 felony or a Class 2 felony, 2 11 years; 12 (3) for a Class 3 felony or a Class 4 felony, 1 13 year; 14 (4) if the victim is under 18 years of age, for a 15 second or subsequent offense of criminal sexual assault 16 or aggravated criminal sexual assault, 5 years, at least 17 the first 2 years of which the defendant shall serve in 18 an electronic home detention program under Article 8A of 19 Chapter V of this Code; 20 (5) if the victim is under 18 years of age, for a 21 second or subsequent offense of aggravated criminal 22 sexual abuse or felony criminal sexual abuse, 4 years, at 23 least the first 2 years of which the defendant shall 24 serve in an electronic home detention program under 25 Article 8A of Chapter V of this Code. 26 (e) A defendant who has a previous and unexpired 27 sentence of imprisonment imposed by another state or by any 28 district court of the United States and who, after sentence 29 for a crime in Illinois, must return to serve the unexpired 30 prior sentence may have his sentence by the Illinois court 31 ordered to be concurrent with the prior sentence in the other 32 state. The court may order that any time served on the 33 unexpired portion of the sentence in the other state, prior 34 to his return to Illinois, shall be credited on his Illinois HB1511 Enrolled -23- LRB9104882RCdv 1 sentence. The other state shall be furnished with a copy of 2 the order imposing sentence which shall provide that, when 3 the offender is released from confinement of the other state, 4 whether by parole or by termination of sentence, the offender 5 shall be transferred by the Sheriff of the committing county 6 to the Illinois Department of Corrections. The court shall 7 cause the Department of Corrections to be notified of such 8 sentence at the time of commitment and to be provided with 9 copies of all records regarding the sentence. 10 (f) A defendant who has a previous and unexpired 11 sentence of imprisonment imposed by an Illinois circuit court 12 for a crime in this State and who is subsequently sentenced 13 to a term of imprisonment by another state or by any district 14 court of the United States and who has served a term of 15 imprisonment imposed by the other state or district court of 16 the United States, and must return to serve the unexpired 17 prior sentence imposed by the Illinois Circuit Court may 18 apply to the court which imposed sentence to have his 19 sentence reduced. 20 The circuit court may order that any time served on the 21 sentence imposed by the other state or district court of the 22 United States be credited on his Illinois sentence. Such 23 application for reduction of a sentence under this 24 subsection (f) shall be made within 30 days after the 25 defendant has completed the sentence imposed by the other 26 state or district court of the United States. 27 (Source: P.A. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99; 28 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.) 29 (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2) 30 Sec. 5-8-2. Extended Term. (a) A judge shall not 31 sentence an offender to a term of imprisonment in excess of 32 the maximum sentence authorized by Section 5-8-1 for the 33 class of the most serious offense of which the offender was HB1511 Enrolled -24- LRB9104882RCdv 1 convicted unless the factors in aggravation set forth in 2 paragraph (b) of Section 5-5-3.2 were found to be present. 3 Where a trier of factthe judgefinds beyond a reasonable 4 doubt that such factors were present, the judgehemay 5 sentence an offender to the following: 6 (1) for first degree murder, a term shall be not less 7 than 60 years and not more than 100 years; 8 (2) for a Class X felony, a term shall be not less than 9 30 years and not more than 60 years; 10 (3) for a Class 1 felony, a term shall be not less than 11 15 years and not more than 30 years; 12 (4) for a Class 2 felony, a term shall be not less than 13 7 years and not more than 14 years; 14 (5) for a Class 3 felony, a term shall not be less than 15 5 years and not more than 10 years; 16 (6) for a Class 4 felony, a term shall be not less than 17 3 years and not more than 6 years. 18 (b) If the conviction was by plea, it shall appear on 19 the record that the plea was entered with the defendant's 20 knowledge that a sentence under this Section was a 21 possibility. If it does not so appear on the record, the 22 defendant shall not be subject to such a sentence unless he 23 is first given an opportunity to withdraw his plea without 24 prejudice. 25 (Source: P.A. 85-902.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.