100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5475

 

Introduced , by Rep. Barbara Wheeler

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1
730 ILCS 5/3-6-3  from Ch. 38, par. 1003-6-3

    Amends the Criminal Code of 2012. Increases the penalty for unlawful use of weapons by selling, manufacturing, purchasing, possessing, or carrying a machine gun, other than in the passenger compartment of a motor vehicle or on one's person if the weapon is loaded, from a Class 2 felony, with a mandatory sentence of not less than 3 years and not more than 7 years imprisonment to a Class 1 felony, with a mandatory sentence of not less than 4 years and not more than 15 years imprisonment. Amends the Unified Code of Corrections. Provides that a person serving a sentence for this violation shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment (rather than day for day sentence credit).


LRB100 15872 RLC 30983 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5475LRB100 15872 RLC 30983 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 24-1 as follows:
 
6    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7    Sec. 24-1. Unlawful use of weapons.
8    (a) A person commits the offense of unlawful use of weapons
9when he knowingly:
10        (1) Sells, manufactures, purchases, possesses or
11    carries any bludgeon, black-jack, slung-shot, sand-club,
12    sand-bag, metal knuckles or other knuckle weapon
13    regardless of its composition, throwing star, or any knife,
14    commonly referred to as a switchblade knife, which has a
15    blade that opens automatically by hand pressure applied to
16    a button, spring or other device in the handle of the
17    knife, or a ballistic knife, which is a device that propels
18    a knifelike blade as a projectile by means of a coil
19    spring, elastic material or compressed gas; or
20        (2) Carries or possesses with intent to use the same
21    unlawfully against another, a dagger, dirk, billy,
22    dangerous knife, razor, stiletto, broken bottle or other
23    piece of glass, stun gun or taser or any other dangerous or

 

 

HB5475- 2 -LRB100 15872 RLC 30983 b

1    deadly weapon or instrument of like character; or
2        (3) Carries on or about his person or in any vehicle, a
3    tear gas gun projector or bomb or any object containing
4    noxious liquid gas or substance, other than an object
5    containing a non-lethal noxious liquid gas or substance
6    designed solely for personal defense carried by a person 18
7    years of age or older; or
8        (4) Carries or possesses in any vehicle or concealed on
9    or about his person except when on his land or in his own
10    abode, legal dwelling, or fixed place of business, or on
11    the land or in the legal dwelling of another person as an
12    invitee with that person's permission, any pistol,
13    revolver, stun gun or taser or other firearm, except that
14    this subsection (a) (4) does not apply to or affect
15    transportation of weapons that meet one of the following
16    conditions:
17            (i) are broken down in a non-functioning state; or
18            (ii) are not immediately accessible; or
19            (iii) are unloaded and enclosed in a case, firearm
20        carrying box, shipping box, or other container by a
21        person who has been issued a currently valid Firearm
22        Owner's Identification Card; or
23            (iv) are carried or possessed in accordance with
24        the Firearm Concealed Carry Act by a person who has
25        been issued a currently valid license under the Firearm
26        Concealed Carry Act; or

 

 

HB5475- 3 -LRB100 15872 RLC 30983 b

1        (5) Sets a spring gun; or
2        (6) Possesses any device or attachment of any kind
3    designed, used or intended for use in silencing the report
4    of any firearm; or
5        (7) Sells, manufactures, purchases, possesses or
6    carries:
7            (i) a machine gun, which shall be defined for the
8        purposes of this subsection as any weapon, which
9        shoots, is designed to shoot, or can be readily
10        restored to shoot, automatically more than one shot
11        without manually reloading by a single function of the
12        trigger, including the frame or receiver of any such
13        weapon, or sells, manufactures, purchases, possesses,
14        or carries any combination of parts designed or
15        intended for use in converting any weapon into a
16        machine gun, or any combination or parts from which a
17        machine gun can be assembled if such parts are in the
18        possession or under the control of a person;
19            (ii) any rifle having one or more barrels less than
20        16 inches in length or a shotgun having one or more
21        barrels less than 18 inches in length or any weapon
22        made from a rifle or shotgun, whether by alteration,
23        modification, or otherwise, if such a weapon as
24        modified has an overall length of less than 26 inches;
25        or
26            (iii) any bomb, bomb-shell, grenade, bottle or

 

 

HB5475- 4 -LRB100 15872 RLC 30983 b

1        other container containing an explosive substance of
2        over one-quarter ounce for like purposes, such as, but
3        not limited to, black powder bombs and Molotov
4        cocktails or artillery projectiles; or
5        (8) Carries or possesses any firearm, stun gun or taser
6    or other deadly weapon in any place which is licensed to
7    sell intoxicating beverages, or at any public gathering
8    held pursuant to a license issued by any governmental body
9    or any public gathering at which an admission is charged,
10    excluding a place where a showing, demonstration or lecture
11    involving the exhibition of unloaded firearms is
12    conducted.
13        This subsection (a)(8) does not apply to any auction or
14    raffle of a firearm held pursuant to a license or permit
15    issued by a governmental body, nor does it apply to persons
16    engaged in firearm safety training courses; or
17        (9) Carries or possesses in a vehicle or on or about
18    his person any pistol, revolver, stun gun or taser or
19    firearm or ballistic knife, when he is hooded, robed or
20    masked in such manner as to conceal his identity; or
21        (10) Carries or possesses on or about his person, upon
22    any public street, alley, or other public lands within the
23    corporate limits of a city, village or incorporated town,
24    except when an invitee thereon or therein, for the purpose
25    of the display of such weapon or the lawful commerce in
26    weapons, or except when on his land or in his own abode,

 

 

HB5475- 5 -LRB100 15872 RLC 30983 b

1    legal dwelling, or fixed place of business, or on the land
2    or in the legal dwelling of another person as an invitee
3    with that person's permission, any pistol, revolver, stun
4    gun or taser or other firearm, except that this subsection
5    (a) (10) does not apply to or affect transportation of
6    weapons that meet one of the following conditions:
7            (i) are broken down in a non-functioning state; or
8            (ii) are not immediately accessible; or
9            (iii) are unloaded and enclosed in a case, firearm
10        carrying box, shipping box, or other container by a
11        person who has been issued a currently valid Firearm
12        Owner's Identification Card; or
13            (iv) are carried or possessed in accordance with
14        the Firearm Concealed Carry Act by a person who has
15        been issued a currently valid license under the Firearm
16        Concealed Carry Act.
17        A "stun gun or taser", as used in this paragraph (a)
18    means (i) any device which is powered by electrical
19    charging units, such as, batteries, and which fires one or
20    several barbs attached to a length of wire and which, upon
21    hitting a human, can send out a current capable of
22    disrupting the person's nervous system in such a manner as
23    to render him incapable of normal functioning or (ii) any
24    device which is powered by electrical charging units, such
25    as batteries, and which, upon contact with a human or
26    clothing worn by a human, can send out current capable of

 

 

HB5475- 6 -LRB100 15872 RLC 30983 b

1    disrupting the person's nervous system in such a manner as
2    to render him incapable of normal functioning; or
3        (11) Sells, manufactures or purchases any explosive
4    bullet. For purposes of this paragraph (a) "explosive
5    bullet" means the projectile portion of an ammunition
6    cartridge which contains or carries an explosive charge
7    which will explode upon contact with the flesh of a human
8    or an animal. "Cartridge" means a tubular metal case having
9    a projectile affixed at the front thereof and a cap or
10    primer at the rear end thereof, with the propellant
11    contained in such tube between the projectile and the cap;
12    or
13        (12) (Blank); or
14        (13) Carries or possesses on or about his or her person
15    while in a building occupied by a unit of government, a
16    billy club, other weapon of like character, or other
17    instrument of like character intended for use as a weapon.
18    For the purposes of this Section, "billy club" means a
19    short stick or club commonly carried by police officers
20    which is either telescopic or constructed of a solid piece
21    of wood or other man-made material.
22    (b) Sentence. A person convicted of a violation of
23subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
24subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
25Class A misdemeanor. A person convicted of a violation of
26subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

 

 

HB5475- 7 -LRB100 15872 RLC 30983 b

1person convicted of a violation of subsection 24-1(a)(6) or
224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
3convicted of a violation of subsection 24-1(a)(7)(i) commits a
4Class 1 2 felony and shall be sentenced to a term of
5imprisonment of not less than 4 3 years and not more than 15 7
6years, unless the weapon is possessed in the passenger
7compartment of a motor vehicle as defined in Section 1-146 of
8the Illinois Vehicle Code, or on the person, while the weapon
9is loaded, in which case it shall be a Class X felony. A person
10convicted of a second or subsequent violation of subsection
1124-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
12Class 3 felony. The possession of each weapon in violation of
13this Section constitutes a single and separate violation.
14    (c) Violations in specific places.
15        (1) A person who violates subsection 24-1(a)(6) or
16    24-1(a)(7)(ii) or (iii) in any school, regardless of the
17    time of day or the time of year, in residential property
18    owned, operated or managed by a public housing agency or
19    leased by a public housing agency as part of a scattered
20    site or mixed-income development, in a public park, in a
21    courthouse, on the real property comprising any school,
22    regardless of the time of day or the time of year, on
23    residential property owned, operated or managed by a public
24    housing agency or leased by a public housing agency as part
25    of a scattered site or mixed-income development, on the
26    real property comprising any public park, on the real

 

 

HB5475- 8 -LRB100 15872 RLC 30983 b

1    property comprising any courthouse, in any conveyance
2    owned, leased or contracted by a school to transport
3    students to or from school or a school related activity, in
4    any conveyance owned, leased, or contracted by a public
5    transportation agency, or on any public way within 1,000
6    feet of the real property comprising any school, public
7    park, courthouse, public transportation facility, or
8    residential property owned, operated, or managed by a
9    public housing agency or leased by a public housing agency
10    as part of a scattered site or mixed-income development
11    commits a Class 2 felony and shall be sentenced to a term
12    of imprisonment of not less than 3 years and not more than
13    7 years.
14        (1.5) A person who violates subsection 24-1(a)(4),
15    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
16    time of day or the time of year, in residential property
17    owned, operated, or managed by a public housing agency or
18    leased by a public housing agency as part of a scattered
19    site or mixed-income development, in a public park, in a
20    courthouse, on the real property comprising any school,
21    regardless of the time of day or the time of year, on
22    residential property owned, operated, or managed by a
23    public housing agency or leased by a public housing agency
24    as part of a scattered site or mixed-income development, on
25    the real property comprising any public park, on the real
26    property comprising any courthouse, in any conveyance

 

 

HB5475- 9 -LRB100 15872 RLC 30983 b

1    owned, leased, or contracted by a school to transport
2    students to or from school or a school related activity, in
3    any conveyance owned, leased, or contracted by a public
4    transportation agency, or on any public way within 1,000
5    feet of the real property comprising any school, public
6    park, courthouse, public transportation facility, or
7    residential property owned, operated, or managed by a
8    public housing agency or leased by a public housing agency
9    as part of a scattered site or mixed-income development
10    commits a Class 3 felony.
11        (2) A person who violates subsection 24-1(a)(1),
12    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
13    time of day or the time of year, in residential property
14    owned, operated or managed by a public housing agency or
15    leased by a public housing agency as part of a scattered
16    site or mixed-income development, in a public park, in a
17    courthouse, on the real property comprising any school,
18    regardless of the time of day or the time of year, on
19    residential property owned, operated or managed by a public
20    housing agency or leased by a public housing agency as part
21    of a scattered site or mixed-income development, on the
22    real property comprising any public park, on the real
23    property comprising any courthouse, in any conveyance
24    owned, leased or contracted by a school to transport
25    students to or from school or a school related activity, in
26    any conveyance owned, leased, or contracted by a public

 

 

HB5475- 10 -LRB100 15872 RLC 30983 b

1    transportation agency, or on any public way within 1,000
2    feet of the real property comprising any school, public
3    park, courthouse, public transportation facility, or
4    residential property owned, operated, or managed by a
5    public housing agency or leased by a public housing agency
6    as part of a scattered site or mixed-income development
7    commits a Class 4 felony. "Courthouse" means any building
8    that is used by the Circuit, Appellate, or Supreme Court of
9    this State for the conduct of official business.
10        (3) Paragraphs (1), (1.5), and (2) of this subsection
11    (c) shall not apply to law enforcement officers or security
12    officers of such school, college, or university or to
13    students carrying or possessing firearms for use in
14    training courses, parades, hunting, target shooting on
15    school ranges, or otherwise with the consent of school
16    authorities and which firearms are transported unloaded
17    enclosed in a suitable case, box, or transportation
18    package.
19        (4) For the purposes of this subsection (c), "school"
20    means any public or private elementary or secondary school,
21    community college, college, or university.
22        (5) For the purposes of this subsection (c), "public
23    transportation agency" means a public or private agency
24    that provides for the transportation or conveyance of
25    persons by means available to the general public, except
26    for transportation by automobiles not used for conveyance

 

 

HB5475- 11 -LRB100 15872 RLC 30983 b

1    of the general public as passengers; and "public
2    transportation facility" means a terminal or other place
3    where one may obtain public transportation.
4    (d) The presence in an automobile other than a public
5omnibus of any weapon, instrument or substance referred to in
6subsection (a)(7) is prima facie evidence that it is in the
7possession of, and is being carried by, all persons occupying
8such automobile at the time such weapon, instrument or
9substance is found, except under the following circumstances:
10(i) if such weapon, instrument or instrumentality is found upon
11the person of one of the occupants therein; or (ii) if such
12weapon, instrument or substance is found in an automobile
13operated for hire by a duly licensed driver in the due, lawful
14and proper pursuit of his trade, then such presumption shall
15not apply to the driver.
16    (e) Exemptions.
17        (1) Crossbows, Common or Compound bows and Underwater
18    Spearguns are exempted from the definition of ballistic
19    knife as defined in paragraph (1) of subsection (a) of this
20    Section.
21        (2) The provision of paragraph (1) of subsection (a) of
22    this Section prohibiting the sale, manufacture, purchase,
23    possession, or carrying of any knife, commonly referred to
24    as a switchblade knife, which has a blade that opens
25    automatically by hand pressure applied to a button, spring
26    or other device in the handle of the knife, does not apply

 

 

HB5475- 12 -LRB100 15872 RLC 30983 b

1    to a person who possesses a currently valid Firearm Owner's
2    Identification Card previously issued in his or her name by
3    the Department of State Police or to a person or an entity
4    engaged in the business of selling or manufacturing
5    switchblade knives.
6(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)
 
7    Section 10. The Unified Code of Corrections is amended by
8changing Section 3-6-3 as follows:
 
9    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
10    Sec. 3-6-3. Rules and regulations for sentence credit.
11    (a)(1) The Department of Corrections shall prescribe rules
12and regulations for awarding and revoking sentence credit for
13persons committed to the Department which shall be subject to
14review by the Prisoner Review Board.
15    (1.5) As otherwise provided by law, sentence credit may be
16awarded for the following:
17        (A) successful completion of programming while in
18    custody of the Department or while in custody prior to
19    sentencing;
20        (B) compliance with the rules and regulations of the
21    Department; or
22        (C) service to the institution, service to a community,
23    or service to the State.
24    (2) Except as provided in paragraph (4.7) of this

 

 

HB5475- 13 -LRB100 15872 RLC 30983 b

1subsection (a), the rules and regulations on sentence credit
2shall provide, with respect to offenses listed in clause (i),
3(ii), or (iii) of this paragraph (2) committed on or after June
419, 1998 or with respect to the offense listed in clause (iv)
5of this paragraph (2) committed on or after June 23, 2005 (the
6effective date of Public Act 94-71) or with respect to offense
7listed in clause (vi) committed on or after June 1, 2008 (the
8effective date of Public Act 95-625) or with respect to the
9offense of being an armed habitual criminal committed on or
10after August 2, 2005 (the effective date of Public Act 94-398)
11or with respect to the offenses listed in clause (v) of this
12paragraph (2) committed on or after August 13, 2007 (the
13effective date of Public Act 95-134) or with respect to the
14offense of aggravated domestic battery committed on or after
15July 23, 2010 (the effective date of Public Act 96-1224) or
16with respect to the offense of attempt to commit terrorism
17committed on or after January 1, 2013 (the effective date of
18Public Act 97-990) or with respect to the offense of unlawful
19use of weapons under subparagraph (i) of paragraph (7) of
20subsection (a) of Section 24-1 of the Criminal Code of 2012
21committed on or after the effective date of this amendatory Act
22of the 100th General Assembly, the following:
23        (i) that a prisoner who is serving a term of
24    imprisonment for first degree murder or for the offense of
25    terrorism shall receive no sentence credit and shall serve
26    the entire sentence imposed by the court;

 

 

HB5475- 14 -LRB100 15872 RLC 30983 b

1        (ii) that a prisoner serving a sentence for attempt to
2    commit terrorism, attempt to commit first degree murder,
3    solicitation of murder, solicitation of murder for hire,
4    intentional homicide of an unborn child, predatory
5    criminal sexual assault of a child, aggravated criminal
6    sexual assault, criminal sexual assault, aggravated
7    kidnapping, aggravated battery with a firearm as described
8    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
9    (e)(4) of Section 12-3.05, heinous battery as described in
10    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
11    being an armed habitual criminal, aggravated battery of a
12    senior citizen as described in Section 12-4.6 or
13    subdivision (a)(4) of Section 12-3.05, or aggravated
14    battery of a child as described in Section 12-4.3 or
15    subdivision (b)(1) of Section 12-3.05 shall receive no more
16    than 4.5 days of sentence credit for each month of his or
17    her sentence of imprisonment;
18        (iii) that a prisoner serving a sentence for home
19    invasion, armed robbery, aggravated vehicular hijacking,
20    aggravated discharge of a firearm, or armed violence with a
21    category I weapon or category II weapon, when the court has
22    made and entered a finding, pursuant to subsection (c-1) of
23    Section 5-4-1 of this Code, that the conduct leading to
24    conviction for the enumerated offense resulted in great
25    bodily harm to a victim, shall receive no more than 4.5
26    days of sentence credit for each month of his or her

 

 

HB5475- 15 -LRB100 15872 RLC 30983 b

1    sentence of imprisonment;
2        (iv) that a prisoner serving a sentence for aggravated
3    discharge of a firearm, whether or not the conduct leading
4    to conviction for the offense resulted in great bodily harm
5    to the victim, shall receive no more than 4.5 days of
6    sentence credit for each month of his or her sentence of
7    imprisonment;
8        (v) that a person serving a sentence for unlawful use
9    of weapons under subparagraph (i) of paragraph (7) of
10    subsection (a) of Section 24-1 of the Criminal Code of
11    2012, gunrunning, narcotics racketeering, controlled
12    substance trafficking, methamphetamine trafficking,
13    drug-induced homicide, aggravated methamphetamine-related
14    child endangerment, money laundering pursuant to clause
15    (c) (4) or (5) of Section 29B-1 of the Criminal Code of
16    1961 or the Criminal Code of 2012, or a Class X felony
17    conviction for delivery of a controlled substance,
18    possession of a controlled substance with intent to
19    manufacture or deliver, calculated criminal drug
20    conspiracy, criminal drug conspiracy, street gang criminal
21    drug conspiracy, participation in methamphetamine
22    manufacturing, aggravated participation in methamphetamine
23    manufacturing, delivery of methamphetamine, possession
24    with intent to deliver methamphetamine, aggravated
25    delivery of methamphetamine, aggravated possession with
26    intent to deliver methamphetamine, methamphetamine

 

 

HB5475- 16 -LRB100 15872 RLC 30983 b

1    conspiracy when the substance containing the controlled
2    substance or methamphetamine is 100 grams or more shall
3    receive no more than 7.5 days sentence credit for each
4    month of his or her sentence of imprisonment;
5        (vi) that a prisoner serving a sentence for a second or
6    subsequent offense of luring a minor shall receive no more
7    than 4.5 days of sentence credit for each month of his or
8    her sentence of imprisonment; and
9        (vii) that a prisoner serving a sentence for aggravated
10    domestic battery shall receive no more than 4.5 days of
11    sentence credit for each month of his or her sentence of
12    imprisonment.
13    (2.1) For all offenses, other than those enumerated in
14subdivision (a)(2)(i), (ii), or (iii) committed on or after
15June 19, 1998 or subdivision (a)(2)(iv) committed on or after
16June 23, 2005 (the effective date of Public Act 94-71) or
17subdivision (a)(2)(v) committed on or after August 13, 2007
18(the effective date of Public Act 95-134)(other than the
19offense of unlawful use of weapons under subparagraph (i) of
20paragraph (7) of subsection (a) of Section 24-1 of the Criminal
21Code of 2012) or subdivision (a)(2)(vi) committed on or after
22June 1, 2008 (the effective date of Public Act 95-625) or
23subdivision (a)(2)(vii) committed on or after July 23, 2010
24(the effective date of Public Act 96-1224), and other than the
25offense of aggravated driving under the influence of alcohol,
26other drug or drugs, or intoxicating compound or compounds, or

 

 

HB5475- 17 -LRB100 15872 RLC 30983 b

1any combination thereof as defined in subparagraph (F) of
2paragraph (1) of subsection (d) of Section 11-501 of the
3Illinois Vehicle Code, and other than the offense of aggravated
4driving under the influence of alcohol, other drug or drugs, or
5intoxicating compound or compounds, or any combination thereof
6as defined in subparagraph (C) of paragraph (1) of subsection
7(d) of Section 11-501 of the Illinois Vehicle Code committed on
8or after January 1, 2011 (the effective date of Public Act
996-1230), and other than the offense of unlawful use of weapons
10under subparagraph (i) of paragraph (7) of subsection (a) of
11Section 24-1 of the Criminal Code of 2012 committed on or after
12the effective date of this amendatory Act of the 100th General
13Assembly, the rules and regulations shall provide that a
14prisoner who is serving a term of imprisonment shall receive
15one day of sentence credit for each day of his or her sentence
16of imprisonment or recommitment under Section 3-3-9. Each day
17of sentence credit shall reduce by one day the prisoner's
18period of imprisonment or recommitment under Section 3-3-9.
19    (2.2) A prisoner serving a term of natural life
20imprisonment or a prisoner who has been sentenced to death
21shall receive no sentence credit.
22    (2.3) Except as provided in paragraph (4.7) of this
23subsection (a), the rules and regulations on sentence credit
24shall provide that a prisoner who is serving a sentence for
25aggravated driving under the influence of alcohol, other drug
26or drugs, or intoxicating compound or compounds, or any

 

 

HB5475- 18 -LRB100 15872 RLC 30983 b

1combination thereof as defined in subparagraph (F) of paragraph
2(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
3Code, shall receive no more than 4.5 days of sentence credit
4for each month of his or her sentence of imprisonment.
5    (2.4) Except as provided in paragraph (4.7) of this
6subsection (a), the rules and regulations on sentence credit
7shall provide with respect to the offenses of aggravated
8battery with a machine gun or a firearm equipped with any
9device or attachment designed or used for silencing the report
10of a firearm or aggravated discharge of a machine gun or a
11firearm equipped with any device or attachment designed or used
12for silencing the report of a firearm, committed on or after
13July 15, 1999 (the effective date of Public Act 91-121), that a
14prisoner serving a sentence for any of these offenses shall
15receive no more than 4.5 days of sentence credit for each month
16of his or her sentence of imprisonment.
17    (2.5) Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations on sentence credit
19shall provide that a prisoner who is serving a sentence for
20aggravated arson committed on or after July 27, 2001 (the
21effective date of Public Act 92-176) shall receive no more than
224.5 days of sentence credit for each month of his or her
23sentence of imprisonment.
24    (2.6) Except as provided in paragraph (4.7) of this
25subsection (a), the rules and regulations on sentence credit
26shall provide that a prisoner who is serving a sentence for

 

 

HB5475- 19 -LRB100 15872 RLC 30983 b

1aggravated driving under the influence of alcohol, other drug
2or drugs, or intoxicating compound or compounds or any
3combination thereof as defined in subparagraph (C) of paragraph
4(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
5Code committed on or after January 1, 2011 (the effective date
6of Public Act 96-1230) shall receive no more than 4.5 days of
7sentence credit for each month of his or her sentence of
8imprisonment.
9    (3) Except as provided in paragraph (4.7) of this
10subsection (a), the rules and regulations shall also provide
11that the Director may award up to 180 days of earned sentence
12credit for good conduct in specific instances as the Director
13deems proper. The good conduct may include, but is not limited
14to, compliance with the rules and regulations of the
15Department, service to the Department, service to a community,
16or service to the State.
17    Eligible inmates for an award of earned sentence credit
18under this paragraph (3) may be selected to receive the credit
19at the Director's or his or her designee's sole discretion.
20Eligibility for the additional earned sentence credit under
21this paragraph (3) shall be based on, but is not limited to,
22the results of any available risk/needs assessment or other
23relevant assessments or evaluations administered by the
24Department using a validated instrument, the circumstances of
25the crime, any history of conviction for a forcible felony
26enumerated in Section 2-8 of the Criminal Code of 2012, the

 

 

HB5475- 20 -LRB100 15872 RLC 30983 b

1inmate's behavior and disciplinary history while incarcerated,
2and the inmate's commitment to rehabilitation, including
3participation in programming offered by the Department.
4    The Director shall not award sentence credit under this
5paragraph (3) to an inmate unless the inmate has served a
6minimum of 60 days of the sentence; except nothing in this
7paragraph shall be construed to permit the Director to extend
8an inmate's sentence beyond that which was imposed by the
9court. Prior to awarding credit under this paragraph (3), the
10Director shall make a written determination that the inmate:
11        (A) is eligible for the earned sentence credit;
12        (B) has served a minimum of 60 days, or as close to 60
13    days as the sentence will allow;
14        (B-1) has received a risk/needs assessment or other
15    relevant evaluation or assessment administered by the
16    Department using a validated instrument; and
17        (C) has met the eligibility criteria established under
18    paragraph (4) of this subsection (a) and by rule for earned
19    sentence credit.
20    The Director shall determine the form and content of the
21written determination required in this subsection.
22    (3.5) The Department shall provide annual written reports
23to the Governor and the General Assembly on the award of earned
24sentence credit no later than February 1 of each year. The
25Department must publish both reports on its website within 48
26hours of transmitting the reports to the Governor and the

 

 

HB5475- 21 -LRB100 15872 RLC 30983 b

1General Assembly. The reports must include:
2        (A) the number of inmates awarded earned sentence
3    credit;
4        (B) the average amount of earned sentence credit
5    awarded;
6        (C) the holding offenses of inmates awarded earned
7    sentence credit; and
8        (D) the number of earned sentence credit revocations.
9    (4) Except as provided in paragraph (4.7) of this
10subsection (a), the rules and regulations shall also provide
11that the sentence credit accumulated and retained under
12paragraph (2.1) of subsection (a) of this Section by any inmate
13during specific periods of time in which such inmate is engaged
14full-time in substance abuse programs, correctional industry
15assignments, educational programs, behavior modification
16programs, life skills courses, or re-entry planning provided by
17the Department under this paragraph (4) and satisfactorily
18completes the assigned program as determined by the standards
19of the Department, shall be multiplied by a factor of 1.25 for
20program participation before August 11, 1993 and 1.50 for
21program participation on or after that date. The rules and
22regulations shall also provide that sentence credit, subject to
23the same offense limits and multiplier provided in this
24paragraph, may be provided to an inmate who was held in
25pre-trial detention prior to his or her current commitment to
26the Department of Corrections and successfully completed a

 

 

HB5475- 22 -LRB100 15872 RLC 30983 b

1full-time, 60-day or longer substance abuse program,
2educational program, behavior modification program, life
3skills course, or re-entry planning provided by the county
4department of corrections or county jail. Calculation of this
5county program credit shall be done at sentencing as provided
6in Section 5-4.5-100 of this Code and shall be included in the
7sentencing order. However, no inmate shall be eligible for the
8additional sentence credit under this paragraph (4) or (4.1) of
9this subsection (a) while assigned to a boot camp or electronic
10detention.
11    Educational, vocational, substance abuse, behavior
12modification programs, life skills courses, re-entry planning,
13and correctional industry programs under which sentence credit
14may be increased under this paragraph (4) and paragraph (4.1)
15of this subsection (a) shall be evaluated by the Department on
16the basis of documented standards. The Department shall report
17the results of these evaluations to the Governor and the
18General Assembly by September 30th of each year. The reports
19shall include data relating to the recidivism rate among
20program participants.
21    Availability of these programs shall be subject to the
22limits of fiscal resources appropriated by the General Assembly
23for these purposes. Eligible inmates who are denied immediate
24admission shall be placed on a waiting list under criteria
25established by the Department. The inability of any inmate to
26become engaged in any such programs by reason of insufficient

 

 

HB5475- 23 -LRB100 15872 RLC 30983 b

1program resources or for any other reason established under the
2rules and regulations of the Department shall not be deemed a
3cause of action under which the Department or any employee or
4agent of the Department shall be liable for damages to the
5inmate.
6    (4.1) Except as provided in paragraph (4.7) of this
7subsection (a), the rules and regulations shall also provide
8that an additional 90 days of sentence credit shall be awarded
9to any prisoner who passes high school equivalency testing
10while the prisoner is committed to the Department of
11Corrections. The sentence credit awarded under this paragraph
12(4.1) shall be in addition to, and shall not affect, the award
13of sentence credit under any other paragraph of this Section,
14but shall also be pursuant to the guidelines and restrictions
15set forth in paragraph (4) of subsection (a) of this Section.
16The sentence credit provided for in this paragraph shall be
17available only to those prisoners who have not previously
18earned a high school diploma or a high school equivalency
19certificate. If, after an award of the high school equivalency
20testing sentence credit has been made, the Department
21determines that the prisoner was not eligible, then the award
22shall be revoked. The Department may also award 90 days of
23sentence credit to any committed person who passed high school
24equivalency testing while he or she was held in pre-trial
25detention prior to the current commitment to the Department of
26Corrections.

 

 

HB5475- 24 -LRB100 15872 RLC 30983 b

1    (4.5) The rules and regulations on sentence credit shall
2also provide that when the court's sentencing order recommends
3a prisoner for substance abuse treatment and the crime was
4committed on or after September 1, 2003 (the effective date of
5Public Act 93-354), the prisoner shall receive no sentence
6credit awarded under clause (3) of this subsection (a) unless
7he or she participates in and completes a substance abuse
8treatment program. The Director may waive the requirement to
9participate in or complete a substance abuse treatment program
10in specific instances if the prisoner is not a good candidate
11for a substance abuse treatment program for medical,
12programming, or operational reasons. Availability of substance
13abuse treatment shall be subject to the limits of fiscal
14resources appropriated by the General Assembly for these
15purposes. If treatment is not available and the requirement to
16participate and complete the treatment has not been waived by
17the Director, the prisoner shall be placed on a waiting list
18under criteria established by the Department. The Director may
19allow a prisoner placed on a waiting list to participate in and
20complete a substance abuse education class or attend substance
21abuse self-help meetings in lieu of a substance abuse treatment
22program. A prisoner on a waiting list who is not placed in a
23substance abuse program prior to release may be eligible for a
24waiver and receive sentence credit under clause (3) of this
25subsection (a) at the discretion of the Director.
26    (4.6) The rules and regulations on sentence credit shall

 

 

HB5475- 25 -LRB100 15872 RLC 30983 b

1also provide that a prisoner who has been convicted of a sex
2offense as defined in Section 2 of the Sex Offender
3Registration Act shall receive no sentence credit unless he or
4she either has successfully completed or is participating in
5sex offender treatment as defined by the Sex Offender
6Management Board. However, prisoners who are waiting to receive
7treatment, but who are unable to do so due solely to the lack
8of resources on the part of the Department, may, at the
9Director's sole discretion, be awarded sentence credit at a
10rate as the Director shall determine.
11    (4.7) On or after the effective date of this amendatory Act
12of the 100th General Assembly, sentence credit under paragraph
13(3), (4), or (4.1) of this subsection (a) may be awarded to a
14prisoner who is serving a sentence for an offense described in
15paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
16on or after the effective date of this amendatory Act of the
17100th General Assembly; provided, the award of the credits
18under this paragraph (4.7) shall not reduce the sentence of the
19prisoner to less than the following amounts:
20        (i) 85% of his or her sentence if the prisoner is
21    required to serve 85% of his or her sentence; or
22        (ii) 60% of his or her sentence if the prisoner is
23    required to serve 75% of his or her sentence, except if the
24    prisoner is serving a sentence for gunrunning his or her
25    sentence shall not be reduced to less than 75%.
26    This paragraph (4.7) shall not apply to a prisoner serving

 

 

HB5475- 26 -LRB100 15872 RLC 30983 b

1a sentence for an offense described in subparagraph (i) of
2paragraph (2) of this subsection (a).
3    (5) Whenever the Department is to release any inmate
4earlier than it otherwise would because of a grant of earned
5sentence credit under paragraph (3) of subsection (a) of this
6Section given at any time during the term, the Department shall
7give reasonable notice of the impending release not less than
814 days prior to the date of the release to the State's
9Attorney of the county where the prosecution of the inmate took
10place, and if applicable, the State's Attorney of the county
11into which the inmate will be released. The Department must
12also make identification information and a recent photo of the
13inmate being released accessible on the Internet by means of a
14hyperlink labeled "Community Notification of Inmate Early
15Release" on the Department's World Wide Web homepage. The
16identification information shall include the inmate's: name,
17any known alias, date of birth, physical characteristics,
18commitment offense and county where conviction was imposed. The
19identification information shall be placed on the website
20within 3 days of the inmate's release and the information may
21not be removed until either: completion of the first year of
22mandatory supervised release or return of the inmate to custody
23of the Department.
24    (b) Whenever a person is or has been committed under
25several convictions, with separate sentences, the sentences
26shall be construed under Section 5-8-4 in granting and

 

 

HB5475- 27 -LRB100 15872 RLC 30983 b

1forfeiting of sentence credit.
2    (c) The Department shall prescribe rules and regulations
3for revoking sentence credit, including revoking sentence
4credit awarded under paragraph (3) of subsection (a) of this
5Section. The Department shall prescribe rules and regulations
6for suspending or reducing the rate of accumulation of sentence
7credit for specific rule violations, during imprisonment.
8These rules and regulations shall provide that no inmate may be
9penalized more than one year of sentence credit for any one
10infraction.
11    When the Department seeks to revoke, suspend or reduce the
12rate of accumulation of any sentence credits for an alleged
13infraction of its rules, it shall bring charges therefor
14against the prisoner sought to be so deprived of sentence
15credits before the Prisoner Review Board as provided in
16subparagraph (a)(4) of Section 3-3-2 of this Code, if the
17amount of credit at issue exceeds 30 days or when during any 12
18month period, the cumulative amount of credit revoked exceeds
1930 days except where the infraction is committed or discovered
20within 60 days of scheduled release. In those cases, the
21Department of Corrections may revoke up to 30 days of sentence
22credit. The Board may subsequently approve the revocation of
23additional sentence credit, if the Department seeks to revoke
24sentence credit in excess of 30 days. However, the Board shall
25not be empowered to review the Department's decision with
26respect to the loss of 30 days of sentence credit within any

 

 

HB5475- 28 -LRB100 15872 RLC 30983 b

1calendar year for any prisoner or to increase any penalty
2beyond the length requested by the Department.
3    The Director of the Department of Corrections, in
4appropriate cases, may restore up to 30 days of sentence
5credits which have been revoked, suspended or reduced. Any
6restoration of sentence credits in excess of 30 days shall be
7subject to review by the Prisoner Review Board. However, the
8Board may not restore sentence credit in excess of the amount
9requested by the Director.
10    Nothing contained in this Section shall prohibit the
11Prisoner Review Board from ordering, pursuant to Section
123-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
13sentence imposed by the court that was not served due to the
14accumulation of sentence credit.
15    (d) If a lawsuit is filed by a prisoner in an Illinois or
16federal court against the State, the Department of Corrections,
17or the Prisoner Review Board, or against any of their officers
18or employees, and the court makes a specific finding that a
19pleading, motion, or other paper filed by the prisoner is
20frivolous, the Department of Corrections shall conduct a
21hearing to revoke up to 180 days of sentence credit by bringing
22charges against the prisoner sought to be deprived of the
23sentence credits before the Prisoner Review Board as provided
24in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
25prisoner has not accumulated 180 days of sentence credit at the
26time of the finding, then the Prisoner Review Board may revoke

 

 

HB5475- 29 -LRB100 15872 RLC 30983 b

1all sentence credit accumulated by the prisoner.
2    For purposes of this subsection (d):
3        (1) "Frivolous" means that a pleading, motion, or other
4    filing which purports to be a legal document filed by a
5    prisoner in his or her lawsuit meets any or all of the
6    following criteria:
7            (A) it lacks an arguable basis either in law or in
8        fact;
9            (B) it is being presented for any improper purpose,
10        such as to harass or to cause unnecessary delay or
11        needless increase in the cost of litigation;
12            (C) the claims, defenses, and other legal
13        contentions therein are not warranted by existing law
14        or by a nonfrivolous argument for the extension,
15        modification, or reversal of existing law or the
16        establishment of new law;
17            (D) the allegations and other factual contentions
18        do not have evidentiary support or, if specifically so
19        identified, are not likely to have evidentiary support
20        after a reasonable opportunity for further
21        investigation or discovery; or
22            (E) the denials of factual contentions are not
23        warranted on the evidence, or if specifically so
24        identified, are not reasonably based on a lack of
25        information or belief.
26        (2) "Lawsuit" means a motion pursuant to Section 116-3

 

 

HB5475- 30 -LRB100 15872 RLC 30983 b

1    of the Code of Criminal Procedure of 1963, a habeas corpus
2    action under Article X of the Code of Civil Procedure or
3    under federal law (28 U.S.C. 2254), a petition for claim
4    under the Court of Claims Act, an action under the federal
5    Civil Rights Act (42 U.S.C. 1983), or a second or
6    subsequent petition for post-conviction relief under
7    Article 122 of the Code of Criminal Procedure of 1963
8    whether filed with or without leave of court or a second or
9    subsequent petition for relief from judgment under Section
10    2-1401 of the Code of Civil Procedure.
11    (e) Nothing in Public Act 90-592 or 90-593 affects the
12validity of Public Act 89-404.
13    (f) Whenever the Department is to release any inmate who
14has been convicted of a violation of an order of protection
15under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
16the Criminal Code of 2012, earlier than it otherwise would
17because of a grant of sentence credit, the Department, as a
18condition of release, shall require that the person, upon
19release, be placed under electronic surveillance as provided in
20Section 5-8A-7 of this Code.
21(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
22eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18.)