101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5010

 

Introduced 2/18/2020, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-303  from Ch. 95 1/2, par. 6-303
720 ILCS 5/9-3.3  from Ch. 38, par. 9-3.3
720 ILCS 5/10-9
720 ILCS 5/12-3.3
730 ILCS 5/5-4.5-20
730 ILCS 5/5-4.5-25
730 ILCS 5/5-4.5-30
730 ILCS 5/5-4.5-35
730 ILCS 5/5-4.5-40
730 ILCS 5/5-4.5-45
730 ILCS 5/5-5-3
730 ILCS 5/5-5-3.2
730 ILCS 5/5-5-4  from Ch. 38, par. 1005-5-4
730 ILCS 5/5-8-2 rep.

    Amends the Unified Code of Corrections. Eliminates extended term sentences. Amends the Illinois Vehicle Code and the Criminal Code of 2012 to make conforming changes. Effective immediately.


LRB101 17238 RLC 66642 b

 

 

A BILL FOR

 

HB5010LRB101 17238 RLC 66642 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 Illinois Vehicle Code is amended by changing
5Section 6-303 as follows:
 
6    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
7    Sec. 6-303. Driving while driver's license, permit, or
8privilege to operate a motor vehicle is suspended or revoked.
9    (a) Except as otherwise provided in subsection (a-5) or
10(a-7), any person who drives or is in actual physical control
11of a motor vehicle on any highway of this State at a time when
12such person's driver's license, permit, or privilege to do so
13or the privilege to obtain a driver's license or permit is
14revoked or suspended as provided by this Code or the law of
15another state, except as may be specifically allowed by a
16judicial driving permit issued prior to January 1, 2009,
17monitoring device driving permit, family financial
18responsibility driving permit, probationary license to drive,
19or a restricted driving permit issued pursuant to this Code or
20under the law of another state, shall be guilty of a Class A
21misdemeanor.
22    (a-3) A second or subsequent violation of subsection (a) of
23this Section is a Class 4 felony if committed by a person whose

 

 

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1driving or operation of a motor vehicle is the proximate cause
2of a motor vehicle accident that causes personal injury or
3death to another. For purposes of this subsection, a personal
4injury includes any Type A injury as indicated on the traffic
5accident report completed by a law enforcement officer that
6requires immediate professional attention in either a doctor's
7office or a medical facility. A Type A injury includes severe
8bleeding wounds, distorted extremities, and injuries that
9require the injured party to be carried from the scene.
10    (a-5) Any person who violates this Section as provided in
11subsection (a) while his or her driver's license, permit, or
12privilege is revoked because of a violation of Section 9-3 of
13the Criminal Code of 1961 or the Criminal Code of 2012,
14relating to the offense of reckless homicide, or a violation of
15subparagraph (F) of paragraph (1) of subsection (d) of Section
1611-501 of this Code, relating to the offense of aggravated
17driving under the influence of alcohol, other drug or drugs, or
18intoxicating compound or compounds, or any combination thereof
19when the violation was a proximate cause of a death, or a
20similar provision of a law of another state, is guilty of a
21Class 4 felony. The person shall be required to undergo a
22professional evaluation, as provided in Section 11-501 of this
23Code, to determine if an alcohol, drug, or intoxicating
24compound problem exists and the extent of the problem, and to
25undergo the imposition of treatment as appropriate.
26    (a-7) Any person who violates this Section as provided in

 

 

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1subsection (a) while his or her driver's license or privilege
2to drive is suspended under Section 6-306.5 or 7-702 of this
3Code shall receive a Uniform Traffic Citation from the law
4enforcement officer. A person who receives 3 or more Uniform
5Traffic Citations under this subsection (a-7) without paying
6any fees associated with the citations shall be guilty of a
7Class A misdemeanor.
8    (a-10) A person's driver's license, permit, or privilege to
9obtain a driver's license or permit may be subject to multiple
10revocations, multiple suspensions, or any combination of both
11simultaneously. No revocation or suspension shall serve to
12negate, invalidate, cancel, postpone, or in any way lessen the
13effect of any other revocation or suspension entered prior or
14subsequent to any other revocation or suspension.
15    (b) (Blank).
16    (b-1) Except for a person under subsection (a-7) of this
17Section, upon receiving a report of the conviction of any
18violation indicating a person was operating a motor vehicle
19during the time when the person's driver's license, permit, or
20privilege was suspended by the Secretary of State or the
21driver's licensing administrator of another state, except as
22specifically allowed by a probationary license, judicial
23driving permit, restricted driving permit, or monitoring
24device driving permit, the Secretary shall extend the
25suspension for the same period of time as the originally
26imposed suspension unless the suspension has already expired,

 

 

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1in which case the Secretary shall be authorized to suspend the
2person's driving privileges for the same period of time as the
3originally imposed suspension.
4    (b-2) Except as provided in subsection (b-6) or (a-7), upon
5receiving a report of the conviction of any violation
6indicating a person was operating a motor vehicle when the
7person's driver's license, permit, or privilege was revoked by
8the Secretary of State or the driver's license administrator of
9any other state, except as specifically allowed by a restricted
10driving permit issued pursuant to this Code or the law of
11another state, the Secretary shall not issue a driver's license
12for an additional period of one year from the date of such
13conviction indicating such person was operating a vehicle
14during such period of revocation.
15    (b-3) (Blank).
16    (b-4) When the Secretary of State receives a report of a
17conviction of any violation indicating a person was operating a
18motor vehicle that was not equipped with an ignition interlock
19device during a time when the person was prohibited from
20operating a motor vehicle not equipped with such a device, the
21Secretary shall not issue a driver's license to that person for
22an additional period of one year from the date of the
23conviction.
24    (b-5) Any person convicted of violating this Section shall
25serve a minimum term of imprisonment of 30 consecutive days or
26300 hours of community service when the person's driving

 

 

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1privilege was revoked or suspended as a result of a violation
2of Section 9-3 of the Criminal Code of 1961 or the Criminal
3Code of 2012, relating to the offense of reckless homicide, or
4a violation of subparagraph (F) of paragraph (1) of subsection
5(d) of Section 11-501 of this Code, relating to the offense of
6aggravated driving under the influence of alcohol, other drug
7or drugs, or intoxicating compound or compounds, or any
8combination thereof when the violation was a proximate cause of
9a death, or a similar provision of a law of another state. The
10court may give credit toward the fulfillment of community
11service hours for participation in activities and treatment as
12determined by court services.
13    (b-6) Upon receiving a report of a first conviction of
14operating a motor vehicle while the person's driver's license,
15permit, or privilege was revoked where the revocation was for a
16violation of Section 9-3 of the Criminal Code of 1961 or the
17Criminal Code of 2012 relating to the offense of reckless
18homicide, or a violation of subparagraph (F) of paragraph (1)
19of subsection (d) of Section 11-501 of this Code, relating to
20the offense of aggravated driving under the influence of
21alcohol, other drug or drugs, or intoxicating compound or
22compounds, or any combination thereof when the violation was a
23proximate cause of a death, or a similar out-of-state offense,
24the Secretary shall not issue a driver's license for an
25additional period of 3 years from the date of such conviction.
26    (c) Except as provided in subsections (c-3) and (c-4), any

 

 

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1person convicted of violating this Section shall serve a
2minimum term of imprisonment of 10 consecutive days or 30 days
3of community service when the person's driving privilege was
4revoked or suspended as a result of:
5        (1) a violation of Section 11-501 of this Code or a
6    similar provision of a local ordinance relating to the
7    offense of operating or being in physical control of a
8    vehicle while under the influence of alcohol, any other
9    drug or any combination thereof; or
10        (2) a violation of paragraph (b) of Section 11-401 of
11    this Code or a similar provision of a local ordinance
12    relating to the offense of leaving the scene of a motor
13    vehicle accident involving personal injury or death; or
14        (3) a statutory summary suspension or revocation under
15    Section 11-501.1 of this Code.
16    Such sentence of imprisonment or community service shall
17not be subject to suspension in order to reduce such sentence.
18    (c-1) Except as provided in subsections (a-7), (c-5), and
19(d), any person convicted of a second violation of this Section
20shall be ordered by the court to serve a minimum of 100 hours
21of community service. The court may give credit toward the
22fulfillment of community service hours for participation in
23activities and treatment as determined by court services.
24    (c-2) In addition to other penalties imposed under this
25Section, the court may impose on any person convicted a fourth
26time of violating this Section any of the following:

 

 

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1        (1) Seizure of the license plates of the person's
2    vehicle.
3        (2) Immobilization of the person's vehicle for a period
4    of time to be determined by the court.
5    (c-3) Any person convicted of a violation of this Section
6during a period of summary suspension imposed pursuant to
7Section 11-501.1 when the person was eligible for a monitoring
8device driving permit shall be guilty of a Class 4 felony and
9shall serve a minimum term of imprisonment of 30 days.
10    (c-4) Any person who has been issued a monitoring device
11driving permit or a restricted driving permit which requires
12the person to operate only motor vehicles equipped with an
13ignition interlock device and who is convicted of a violation
14of this Section as a result of operating or being in actual
15physical control of a motor vehicle not equipped with an
16ignition interlock device at the time of the offense shall be
17guilty of a Class 4 felony and shall serve a minimum term of
18imprisonment of 30 days.
19    (c-5) Any person convicted of a second violation of this
20Section is guilty of a Class 2 felony, is not eligible for
21probation or conditional discharge, and shall serve a mandatory
22term of imprisonment, if:
23         (1) the current violation occurred when the person's
24    driver's license was suspended or revoked for a violation
25    of Section 9-3 of the Criminal Code of 1961 or the Criminal
26    Code of 2012, relating to the offense of reckless homicide,

 

 

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1    or a violation of subparagraph (F) of paragraph (1) of
2    subsection (d) of Section 11-501 of this Code, relating to
3    the offense of aggravated driving under the influence of
4    alcohol, other drug or drugs, or intoxicating compound or
5    compounds, or any combination thereof when the violation
6    was a proximate cause of a death, or a similar out-of-state
7    offense; and
8        (2) the prior conviction under this Section occurred
9    while the person's driver's license was suspended or
10    revoked for a violation of Section 9-3 of the Criminal Code
11    of 1961 or the Criminal Code of 2012 relating to the
12    offense of reckless homicide, or a violation of
13    subparagraph (F) of paragraph (1) of subsection (d) of
14    Section 11-501 of this Code, relating to the offense of
15    aggravated driving under the influence of alcohol, other
16    drug or drugs, or intoxicating compound or compounds, or
17    any combination thereof when the violation was a proximate
18    cause of a death, or a similar out-of-state offense, or was
19    suspended or revoked for a violation of Section 11-401 or
20    11-501 of this Code, a similar out-of-state offense, a
21    similar provision of a local ordinance, or a statutory
22    summary suspension or revocation under Section 11-501.1 of
23    this Code.
24    (d) Any person convicted of a second violation of this
25Section shall be guilty of a Class 4 felony and shall serve a
26minimum term of imprisonment of 30 days or 300 hours of

 

 

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1community service, as determined by the court, if:
2        (1) the current violation occurred when the person's
3    driver's license was suspended or revoked for a violation
4    of Section 11-401 or 11-501 of this Code, a similar
5    out-of-state offense, a similar provision of a local
6    ordinance, or a statutory summary suspension or revocation
7    under Section 11-501.1 of this Code; and
8        (2) the prior conviction under this Section occurred
9    while the person's driver's license was suspended or
10    revoked for a violation of Section 11-401 or 11-501 of this
11    Code, a similar out-of-state offense, a similar provision
12    of a local ordinance, or a statutory summary suspension or
13    revocation under Section 11-501.1 of this Code, or for a
14    violation of Section 9-3 of the Criminal Code of 1961 or
15    the Criminal Code of 2012, relating to the offense of
16    reckless homicide, or a violation of subparagraph (F) of
17    paragraph (1) of subsection (d) of Section 11-501 of this
18    Code, relating to the offense of aggravated driving under
19    the influence of alcohol, other drug or drugs, or
20    intoxicating compound or compounds, or any combination
21    thereof when the violation was a proximate cause of a
22    death, or a similar out-of-state offense.
23    The court may give credit toward the fulfillment of
24community service hours for participation in activities and
25treatment as determined by court services.
26    (d-1) Except as provided in subsections (a-7), (d-2),

 

 

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1(d-2.5), and (d-3), any person convicted of a third or
2subsequent violation of this Section shall serve a minimum term
3of imprisonment of 30 days or 300 hours of community service,
4as determined by the court. The court may give credit toward
5the fulfillment of community service hours for participation in
6activities and treatment as determined by court services.
7    (d-2) Any person convicted of a third violation of this
8Section is guilty of a Class 4 felony and must serve a minimum
9term of imprisonment of 30 days, if:
10        (1) the current violation occurred when the person's
11    driver's license was suspended or revoked for a violation
12    of Section 11-401 or 11-501 of this Code, or a similar
13    out-of-state offense, or a similar provision of a local
14    ordinance, or a statutory summary suspension or revocation
15    under Section 11-501.1 of this Code; and
16        (2) the prior convictions under this Section occurred
17    while the person's driver's license was suspended or
18    revoked for a violation of Section 11-401 or 11-501 of this
19    Code, a similar out-of-state offense, a similar provision
20    of a local ordinance, or a statutory summary suspension or
21    revocation under Section 11-501.1 of this Code, or for a
22    violation of Section 9-3 of the Criminal Code of 1961 or
23    the Criminal Code of 2012, relating to the offense of
24    reckless homicide, or a violation of subparagraph (F) of
25    paragraph (1) of subsection (d) of Section 11-501 of this
26    Code, relating to the offense of aggravated driving under

 

 

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1    the influence of alcohol, other drug or drugs, or
2    intoxicating compound or compounds, or any combination
3    thereof when the violation was a proximate cause of a
4    death, or a similar out-of-state offense.
5    (d-2.5) Any person convicted of a third violation of this
6Section is guilty of a Class 1 felony, is not eligible for
7probation or conditional discharge, and must serve a mandatory
8term of imprisonment, if:
9        (1) the current violation occurred while the person's
10    driver's license was suspended or revoked for a violation
11    of Section 9-3 of the Criminal Code of 1961 or the Criminal
12    Code of 2012, relating to the offense of reckless homicide,
13    or a violation of subparagraph (F) of paragraph (1) of
14    subsection (d) of Section 11-501 of this Code, relating to
15    the offense of aggravated driving under the influence of
16    alcohol, other drug or drugs, or intoxicating compound or
17    compounds, or any combination thereof when the violation
18    was a proximate cause of a death, or a similar out-of-state
19    offense. The person's driving privileges shall be revoked
20    for the remainder of the person's life; and
21        (2) the prior convictions under this Section occurred
22    while the person's driver's license was suspended or
23    revoked for a violation of Section 9-3 of the Criminal Code
24    of 1961 or the Criminal Code of 2012, relating to the
25    offense of reckless homicide, or a violation of
26    subparagraph (F) of paragraph (1) of subsection (d) of

 

 

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1    Section 11-501 of this Code, relating to the offense of
2    aggravated driving under the influence of alcohol, other
3    drug or drugs, or intoxicating compound or compounds, or
4    any combination thereof when the violation was a proximate
5    cause of a death, or a similar out-of-state offense, or was
6    suspended or revoked for a violation of Section 11-401 or
7    11-501 of this Code, a similar out-of-state offense, a
8    similar provision of a local ordinance, or a statutory
9    summary suspension or revocation under Section 11-501.1 of
10    this Code.
11    (d-3) Any person convicted of a fourth, fifth, sixth,
12seventh, eighth, or ninth violation of this Section is guilty
13of a Class 4 felony and must serve a minimum term of
14imprisonment of 180 days, if:
15        (1) the current violation occurred when the person's
16    driver's license was suspended or revoked for a violation
17    of Section 11-401 or 11-501 of this Code, a similar
18    out-of-state offense, a similar provision of a local
19    ordinance, or a statutory summary suspension or revocation
20    under Section 11-501.1 of this Code; and
21        (2) the prior convictions under this Section occurred
22    while the person's driver's license was suspended or
23    revoked for a violation of Section 11-401 or 11-501 of this
24    Code, a similar out-of-state offense, a similar provision
25    of a local ordinance, or a statutory summary suspension or
26    revocation under Section 11-501.1 of this Code, or for a

 

 

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1    violation of Section 9-3 of the Criminal Code of 1961 or
2    the Criminal Code of 2012, relating to the offense of
3    reckless homicide, or a violation of subparagraph (F) of
4    paragraph (1) of subsection (d) of Section 11-501 of this
5    Code, relating to the offense of aggravated driving under
6    the influence of alcohol, other drug or drugs, or
7    intoxicating compound or compounds, or any combination
8    thereof when the violation was a proximate cause of a
9    death, or a similar out-of-state offense.
10    (d-3.5) Any person convicted of a fourth or subsequent
11violation of this Section is guilty of a Class 1 felony, is not
12eligible for probation or conditional discharge, must serve a
13mandatory term of imprisonment, and is eligible for an extended
14term, if:
15        (1) the current violation occurred when the person's
16    driver's license was suspended or revoked for a violation
17    of Section 9-3 of the Criminal Code of 1961 or the Criminal
18    Code of 2012, relating to the offense of reckless homicide,
19    or a violation of subparagraph (F) of paragraph (1) of
20    subsection (d) of Section 11-501 of this Code, relating to
21    the offense of aggravated driving under the influence of
22    alcohol, other drug or drugs, or intoxicating compound or
23    compounds, or any combination thereof when the violation
24    was a proximate cause of a death, or a similar out-of-state
25    offense; and
26        (2) the prior convictions under this Section occurred

 

 

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1    while the person's driver's license was suspended or
2    revoked for a violation of Section 9-3 of the Criminal Code
3    of 1961 or the Criminal Code of 2012, relating to the
4    offense of reckless homicide, or a violation of
5    subparagraph (F) of paragraph (1) of subsection (d) of
6    Section 11-501 of this Code, relating to the offense of
7    aggravated driving under the influence of alcohol, other
8    drug or drugs, or intoxicating compound or compounds, or
9    any combination thereof when the violation was a proximate
10    cause of a death, or a similar out-of-state offense, or was
11    suspended or revoked for a violation of Section 11-401 or
12    11-501 of this Code, a similar out-of-state offense, a
13    similar provision of a local ordinance, or a statutory
14    summary suspension or revocation under Section 11-501.1 of
15    this Code.
16    (d-4) Any person convicted of a tenth, eleventh, twelfth,
17thirteenth, or fourteenth violation of this Section is guilty
18of a Class 3 felony, and is not eligible for probation or
19conditional discharge, if:
20        (1) the current violation occurred when the person's
21    driver's license was suspended or revoked for a violation
22    of Section 11-401 or 11-501 of this Code, or a similar
23    out-of-state offense, or a similar provision of a local
24    ordinance, or a statutory summary suspension or revocation
25    under Section 11-501.1 of this Code; and
26        (2) the prior convictions under this Section occurred

 

 

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1    while the person's driver's license was suspended or
2    revoked for a violation of Section 11-401 or 11-501 of this
3    Code, a similar out-of-state offense, a similar provision
4    of a local ordinance, or a statutory suspension or
5    revocation under Section 11-501.1 of this Code, or for a
6    violation of Section 9-3 of the Criminal Code of 1961 or
7    the Criminal Code of 2012, relating to the offense of
8    reckless homicide, or a violation of subparagraph (F) of
9    paragraph (1) of subsection (d) of Section 11-501 of this
10    Code, relating to the offense of aggravated driving under
11    the influence of alcohol, other drug or drugs, or
12    intoxicating compound or compounds, or any combination
13    thereof when the violation was a proximate cause of a
14    death, or a similar out-of-state offense.
15    (d-5) Any person convicted of a fifteenth or subsequent
16violation of this Section is guilty of a Class 2 felony, and is
17not eligible for probation or conditional discharge, if:
18        (1) the current violation occurred when the person's
19    driver's license was suspended or revoked for a violation
20    of Section 11-401 or 11-501 of this Code, or a similar
21    out-of-state offense, or a similar provision of a local
22    ordinance, or a statutory summary suspension or revocation
23    under Section 11-501.1 of this Code; and
24        (2) the prior convictions under this Section occurred
25    while the person's driver's license was suspended or
26    revoked for a violation of Section 11-401 or 11-501 of this

 

 

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1    Code, a similar out-of-state offense, a similar provision
2    of a local ordinance, or a statutory summary suspension or
3    revocation under Section 11-501.1 of this Code, or for a
4    violation of Section 9-3 of the Criminal Code of 1961 or
5    the Criminal Code of 2012, relating to the offense of
6    reckless homicide, or a violation of subparagraph (F) of
7    paragraph (1) of subsection (d) of Section 11-501 of this
8    Code, relating to the offense of aggravated driving under
9    the influence of alcohol, other drug or drugs, or
10    intoxicating compound or compounds, or any combination
11    thereof when the violation was a proximate cause of a
12    death, or a similar out-of-state offense.
13    (e) Any person in violation of this Section who is also in
14violation of Section 7-601 of this Code relating to mandatory
15insurance requirements, in addition to other penalties imposed
16under this Section, shall have his or her motor vehicle
17immediately impounded by the arresting law enforcement
18officer. The motor vehicle may be released to any licensed
19driver upon a showing of proof of insurance for the vehicle
20that was impounded and the notarized written consent for the
21release by the vehicle owner.
22    (f) For any prosecution under this Section, a certified
23copy of the driving abstract of the defendant shall be admitted
24as proof of any prior conviction.
25    (g) The motor vehicle used in a violation of this Section
26is subject to seizure and forfeiture as provided in Sections

 

 

HB5010- 17 -LRB101 17238 RLC 66642 b

136-1 and 36-2 of the Criminal Code of 2012 if the person's
2driving privilege was revoked or suspended as a result of:
3        (1) a violation of Section 11-501 of this Code, a
4    similar provision of a local ordinance, or a similar
5    provision of a law of another state;
6        (2) a violation of paragraph (b) of Section 11-401 of
7    this Code, a similar provision of a local ordinance, or a
8    similar provision of a law of another state;
9        (3) a statutory summary suspension or revocation under
10    Section 11-501.1 of this Code or a similar provision of a
11    law of another state; or
12        (4) a violation of Section 9-3 of the Criminal Code of
13    1961 or the Criminal Code of 2012 relating to the offense
14    of reckless homicide, or a violation of subparagraph (F) of
15    paragraph (1) of subsection (d) of Section 11-501 of this
16    Code, relating to the offense of aggravated driving under
17    the influence of alcohol, other drug or drugs, or
18    intoxicating compound or compounds, or any combination
19    thereof when the violation was a proximate cause of a
20    death, or a similar provision of a law of another state.
21(Source: P.A. 100-149, eff. 1-1-18; 100-575, eff. 1-8-18;
22100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
23    Section 10. The Criminal Code of 2012 is amended by
24changing Sections 9-3.3, 10-9, and 12-3.3 as follows:
 

 

 

HB5010- 18 -LRB101 17238 RLC 66642 b

1    (720 ILCS 5/9-3.3)  (from Ch. 38, par. 9-3.3)
2    Sec. 9-3.3. Drug-induced homicide.
3    (a) A person commits drug-induced homicide when he or she
4violates Section 401 of the Illinois Controlled Substances Act
5or Section 55 of the Methamphetamine Control and Community
6Protection Act by unlawfully delivering a controlled substance
7to another, and any person's death is caused by the injection,
8inhalation, absorption, or ingestion of any amount of that
9controlled substance.
10    (a-5) A person commits drug-induced homicide when he or she
11violates the law of another jurisdiction, which if the
12violation had been committed in this State could be charged
13under Section 401 of the Illinois Controlled Substances Act or
14Section 55 of the Methamphetamine Control and Community
15Protection Act, by unlawfully delivering a controlled
16substance to another, and any person's death is caused in this
17State by the injection, inhalation, absorption, or ingestion of
18any amount of that controlled substance.
19    (b) Sentence. Drug-induced homicide is a Class X felony,
20except:
21        (1) A person who commits drug-induced homicide by
22    violating subsection (a) or subsection (c) of Section 401
23    of the Illinois Controlled Substances Act or Section 55 of
24    the Methamphetamine Control and Community Protection Act
25    commits a Class X felony for which the defendant shall in
26    addition to a sentence authorized by law, be sentenced to a

 

 

HB5010- 19 -LRB101 17238 RLC 66642 b

1    term of imprisonment of not less than 15 years and not more
2    than 30 years or an extended term of not less than 30 years
3    and not more than 60 years.
4        (2) A person who commits drug-induced homicide by
5    violating the law of another jurisdiction, which if the
6    violation had been committed in this State could be charged
7    under subsection (a) or subsection (c) of Section 401 of
8    the Illinois Controlled Substances Act or Section 55 of the
9    Methamphetamine Control and Community Protection Act,
10    commits a Class X felony for which the defendant shall, in
11    addition to a sentence authorized by law, be sentenced to a
12    term of imprisonment of not less than 15 years and not more
13    than 30 years or an extended term of not less than 30 years
14    and not more than 60 years.
15(Source: P.A. 100-404, eff. 1-1-18.)
 
16    (720 ILCS 5/10-9)
17    Sec. 10-9. Trafficking in persons, involuntary servitude,
18and related offenses.
19    (a) Definitions. In this Section:
20    (1) "Intimidation" has the meaning prescribed in Section
2112-6.
22    (2) "Commercial sexual activity" means any sex act on
23account of which anything of value is given, promised to, or
24received by any person.
25    (2.5) "Company" means any sole proprietorship,

 

 

HB5010- 20 -LRB101 17238 RLC 66642 b

1organization, association, corporation, partnership, joint
2venture, limited partnership, limited liability partnership,
3limited liability limited partnership, limited liability
4company, or other entity or business association, including all
5wholly owned subsidiaries, majority-owned subsidiaries, parent
6companies, or affiliates of those entities or business
7associations, that exist for the purpose of making profit.
8    (3) "Financial harm" includes intimidation that brings
9about financial loss, criminal usury, or employment contracts
10that violate the Frauds Act.
11    (4) (Blank).
12    (5) "Labor" means work of economic or financial value.
13    (6) "Maintain" means, in relation to labor or services, to
14secure continued performance thereof, regardless of any
15initial agreement on the part of the victim to perform that
16type of service.
17    (7) "Obtain" means, in relation to labor or services, to
18secure performance thereof.
19    (7.5) "Serious harm" means any harm, whether physical or
20nonphysical, including psychological, financial, or
21reputational harm, that is sufficiently serious, under all the
22surrounding circumstances, to compel a reasonable person of the
23same background and in the same circumstances to perform or to
24continue performing labor or services in order to avoid
25incurring that harm.
26    (8) "Services" means activities resulting from a

 

 

HB5010- 21 -LRB101 17238 RLC 66642 b

1relationship between a person and the actor in which the person
2performs activities under the supervision of or for the benefit
3of the actor. Commercial sexual activity and sexually-explicit
4performances are forms of activities that are "services" under
5this Section. Nothing in this definition may be construed to
6legitimize or legalize prostitution.
7    (9) "Sexually-explicit performance" means a live,
8recorded, broadcast (including over the Internet), or public
9act or show intended to arouse or satisfy the sexual desires or
10appeal to the prurient interests of patrons.
11    (10) "Trafficking victim" means a person subjected to the
12practices set forth in subsection (b), (c), or (d).
13    (b) Involuntary servitude. A person commits involuntary
14servitude when he or she knowingly subjects, attempts to
15subject, or engages in a conspiracy to subject another person
16to labor or services obtained or maintained through any of the
17following means, or any combination of these means:
18        (1) causes or threatens to cause physical harm to any
19    person;
20        (2) physically restrains or threatens to physically
21    restrain another person;
22        (3) abuses or threatens to abuse the law or legal
23    process;
24        (4) knowingly destroys, conceals, removes,
25    confiscates, or possesses any actual or purported passport
26    or other immigration document, or any other actual or

 

 

HB5010- 22 -LRB101 17238 RLC 66642 b

1    purported government identification document, of another
2    person;
3        (5) uses intimidation, or exerts financial control
4    over any person; or
5        (6) uses any scheme, plan, or pattern intended to cause
6    the person to believe that, if the person did not perform
7    the labor or services, that person or another person would
8    suffer serious harm or physical restraint.
9    Sentence. Except as otherwise provided in subsection (e) or
10(f), a violation of subsection (b)(1) is a Class X felony,
11(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
12is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
13    (c) Involuntary sexual servitude of a minor. A person
14commits involuntary sexual servitude of a minor when he or she
15knowingly recruits, entices, harbors, transports, provides, or
16obtains by any means, or attempts to recruit, entice, harbor,
17provide, or obtain by any means, another person under 18 years
18of age, knowing that the minor will engage in commercial sexual
19activity, a sexually-explicit performance, or the production
20of pornography, or causes or attempts to cause a minor to
21engage in one or more of those activities and:
22        (1) there is no overt force or threat and the minor is
23    between the ages of 17 and 18 years;
24        (2) there is no overt force or threat and the minor is
25    under the age of 17 years; or
26        (3) there is overt force or threat.

 

 

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1    Sentence. Except as otherwise provided in subsection (e) or
2(f), a violation of subsection (c)(1) is a Class 1 felony,
3(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
4    (d) Trafficking in persons. A person commits trafficking in
5persons when he or she knowingly: (1) recruits, entices,
6harbors, transports, provides, or obtains by any means, or
7attempts to recruit, entice, harbor, transport, provide, or
8obtain by any means, another person, intending or knowing that
9the person will be subjected to involuntary servitude; or (2)
10benefits, financially or by receiving anything of value, from
11participation in a venture that has engaged in an act of
12involuntary servitude or involuntary sexual servitude of a
13minor. A company commits trafficking in persons when the
14company knowingly benefits, financially or by receiving
15anything of value, from participation in a venture that has
16engaged in an act of involuntary servitude or involuntary
17sexual servitude of a minor.
18    Sentence. Except as otherwise provided in subsection (e) or
19(f), a violation of this subsection by a person is a Class 1
20felony. A violation of this subsection by a company is a
21business offense for which a fine of up to $100,000 may be
22imposed.
23    (e) Aggravating factors. A violation of this Section
24involving kidnapping or an attempt to kidnap, aggravated
25criminal sexual assault or an attempt to commit aggravated
26criminal sexual assault, or an attempt to commit first degree

 

 

HB5010- 24 -LRB101 17238 RLC 66642 b

1murder is a Class X felony.
2    (f) Sentencing considerations.
3        (1) Bodily injury. If, pursuant to a violation of this
4    Section, a victim suffered bodily injury, the defendant may
5    be sentenced to an extended-term sentence under Section
6    5-8-2 of the Unified Code of Corrections. The sentencing
7    court must take into account the time in which the victim
8    was held in servitude, with increased penalties for cases
9    in which the victim was held for between 180 days and one
10    year, and increased penalties for cases in which the victim
11    was held for more than one year.
12        (2) Number of victims. In determining sentences within
13    statutory maximums, the sentencing court should take into
14    account the number of victims, and may provide for
15    substantially increased sentences in cases involving more
16    than 10 victims.
17    (g) Restitution. Restitution is mandatory under this
18Section. In addition to any other amount of loss identified,
19the court shall order restitution including the greater of (1)
20the gross income or value to the defendant of the victim's
21labor or services or (2) the value of the victim's labor as
22guaranteed under the Minimum Wage Law and overtime provisions
23of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
24whichever is greater.
25    (g-5) Fine distribution. If the court imposes a fine under
26subsection (b), (c), or (d) of this Section, it shall be

 

 

HB5010- 25 -LRB101 17238 RLC 66642 b

1collected and distributed to the Specialized Services for
2Survivors of Human Trafficking Fund in accordance with Section
35-9-1.21 of the Unified Code of Corrections.
4    (h) Trafficking victim services. Subject to the
5availability of funds, the Department of Human Services may
6provide or fund emergency services and assistance to
7individuals who are victims of one or more offenses defined in
8this Section.
9    (i) Certification. The Attorney General, a State's
10Attorney, or any law enforcement official shall certify in
11writing to the United States Department of Justice or other
12federal agency, such as the United States Department of
13Homeland Security, that an investigation or prosecution under
14this Section has begun and the individual who is a likely
15victim of a crime described in this Section is willing to
16cooperate or is cooperating with the investigation to enable
17the individual, if eligible under federal law, to qualify for
18an appropriate special immigrant visa and to access available
19federal benefits. Cooperation with law enforcement shall not be
20required of victims of a crime described in this Section who
21are under 18 years of age. This certification shall be made
22available to the victim and his or her designated legal
23representative.
24    (j) A person who commits involuntary servitude,
25involuntary sexual servitude of a minor, or trafficking in
26persons under subsection (b), (c), or (d) of this Section is

 

 

HB5010- 26 -LRB101 17238 RLC 66642 b

1subject to the property forfeiture provisions set forth in
2Article 124B of the Code of Criminal Procedure of 1963.
3(Source: P.A. 101-18, eff. 1-1-20.)
 
4    (720 ILCS 5/12-3.3)
5    Sec. 12-3.3. Aggravated domestic battery.
6    (a) A person who, in committing a domestic battery,
7knowingly causes great bodily harm, or permanent disability or
8disfigurement commits aggravated domestic battery.
9    (a-5) A person who, in committing a domestic battery,
10strangles another individual commits aggravated domestic
11battery. For the purposes of this subsection (a-5), "strangle"
12means intentionally impeding the normal breathing or
13circulation of the blood of an individual by applying pressure
14on the throat or neck of that individual or by blocking the
15nose or mouth of that individual.
16    (b) Sentence. Aggravated domestic battery is a Class 2
17felony. Any order of probation or conditional discharge entered
18following a conviction for an offense under this Section must
19include, in addition to any other condition of probation or
20conditional discharge, a condition that the offender serve a
21mandatory term of imprisonment of not less than 60 consecutive
22days. A person convicted of a second or subsequent violation of
23this Section must be sentenced to a mandatory term of
24imprisonment of not less than 3 years and not more than 7 years
25or an extended term of imprisonment of not less than 7 years

 

 

HB5010- 27 -LRB101 17238 RLC 66642 b

1and not more than 14 years.
2    (c) Upon conviction of aggravated domestic battery, the
3court shall advise the defendant orally or in writing,
4substantially as follows: "An individual convicted of
5aggravated domestic battery may be subject to federal criminal
6penalties for possessing, transporting, shipping, or receiving
7any firearm or ammunition in violation of the federal Gun
8Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation
9shall be made in the court file that the admonition was given.
10(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09;
1196-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)
 
12    Section 15. The Unified Code of Corrections is amended by
13changing Sections 5-4.5-20, 5-4.5-25, 5-4.5-30, 5-4.5-35,
145-4.5-40, 5-4.5-45, 5-5-3, 5-5-3.2, and 5-5-4 as follows:
 
15    (730 ILCS 5/5-4.5-20)
16    Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
17degree murder:
18    (a) TERM. The defendant shall be sentenced to imprisonment
19or, if appropriate, death under Section 9-1 of the Criminal
20Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
21Imprisonment shall be for a determinate term, subject to
22Section 5-4.5-115 of this Code, of (1) not less than 20 years
23and not more than 60 years; (2) (blank) not less than 60 years
24and not more than 100 years when an extended term is imposed

 

 

HB5010- 28 -LRB101 17238 RLC 66642 b

1under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
2provided in Section 5-8-1 (730 ILCS 5/5-8-1).
3    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
4shall not be imposed.
5    (c) IMPACT INCARCERATION. The impact incarceration program
6or the county impact incarceration program is not an authorized
7disposition.
8    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
9probation or conditional discharge shall not be imposed.
10    (e) FINE. Fines may be imposed as provided in Section
115-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
12    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
13concerning restitution.
14    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
15be concurrent or consecutive as provided in Section 5-8-4 (730
16ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
17    (h) DRUG COURT. Drug court is not an authorized
18disposition.
19    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
20ILCS 5/5-4.5-100) concerning no credit for time spent in home
21detention prior to judgment.
22    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
23for rules and regulations for sentence credit.
24    (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
25monitoring and home detention are not authorized dispositions,
26except in limited circumstances as provided in Section 5-8A-3

 

 

HB5010- 29 -LRB101 17238 RLC 66642 b

1(730 ILCS 5/5-8A-3).
2    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
3provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
4mandatory supervised release term shall be 3 years upon release
5from imprisonment.
6(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
7101-288, eff. 1-1-20.)
 
8    (730 ILCS 5/5-4.5-25)
9    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
10felony:
11    (a) TERM. The sentence of imprisonment shall be a
12determinate sentence, subject to Section 5-4.5-115 of this
13Code, of not less than 6 years and not more than 30 years. The
14sentence of imprisonment for an extended term Class X felony,
15as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to
16Section 5-4.5-115 of this Code, shall be not less than 30 years
17and not more than 60 years.
18    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
19shall not be imposed.
20    (c) IMPACT INCARCERATION. The impact incarceration program
21or the county impact incarceration program is not an authorized
22disposition.
23    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
24probation or conditional discharge shall not be imposed.
25    (e) FINE. Fines may be imposed as provided in Section

 

 

HB5010- 30 -LRB101 17238 RLC 66642 b

15-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
2    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
3concerning restitution.
4    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
5be concurrent or consecutive as provided in Section 5-8-4 (730
6ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
7    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
8Act (730 ILCS 166/20) concerning eligibility for a drug court
9program.
10    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
11ILCS 5/5-4.5-100) concerning no credit for time spent in home
12detention prior to judgment.
13    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
14for rules and regulations for sentence credit.
15    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
165-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
17electronic monitoring and home detention.
18    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
19provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
205/5-8-1), the parole or mandatory supervised release term shall
21be 3 years upon release from imprisonment.
22(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
23101-288, eff. 1-1-20.)
 
24    (730 ILCS 5/5-4.5-30)
25    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1

 

 

HB5010- 31 -LRB101 17238 RLC 66642 b

1felony:
2    (a) TERM. The sentence of imprisonment, other than for
3second degree murder, shall be a determinate sentence of not
4less than 4 years and not more than 15 years, subject to
5Section 5-4.5-115 of this Code. The sentence of imprisonment
6for second degree murder shall be a determinate sentence of not
7less than 4 years and not more than 20 years, subject to
8Section 5-4.5-115 of this Code. The sentence of imprisonment
9for an extended term Class 1 felony, as provided in Section
105-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this
11Code, shall be a term not less than 15 years and not more than
1230 years.
13    (b) PERIODIC IMPRISONMENT. A sentence of periodic
14imprisonment shall be for a definite term of from 3 to 4 years,
15except as otherwise provided in Section 5-5-3 or 5-7-1 (730
16ILCS 5/5-5-3 or 5/5-7-1).
17    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
18(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
19the impact incarceration program or the county impact
20incarceration program.
21    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
22in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
23period of probation or conditional discharge shall not exceed 4
24years. The court shall specify the conditions of probation or
25conditional discharge as set forth in Section 5-6-3 (730 ILCS
265/5-6-3). In no case shall an offender be eligible for a

 

 

HB5010- 32 -LRB101 17238 RLC 66642 b

1disposition of probation or conditional discharge for a Class 1
2felony committed while he or she was serving a term of
3probation or conditional discharge for a felony.
4    (e) FINE. Fines may be imposed as provided in Section
55-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
6    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
7concerning restitution.
8    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
9be concurrent or consecutive as provided in Section 5-8-4 (730
10ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
11    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
12Act (730 ILCS 166/20) concerning eligibility for a drug court
13program.
14    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
15ILCS 5/5-4.5-100) concerning credit for time spent in home
16detention prior to judgment.
17    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
18ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
19(730 ILCS 130/) for rules and regulations for sentence credit.
20    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
215-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
22electronic monitoring and home detention.
23    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
24provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
255/5-8-1), the parole or mandatory supervised release term shall
26be 2 years upon release from imprisonment.

 

 

HB5010- 33 -LRB101 17238 RLC 66642 b

1(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
2101-288, eff. 1-1-20.)
 
3    (730 ILCS 5/5-4.5-35)
4    Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2
5felony:
6    (a) TERM. The sentence of imprisonment shall be a
7determinate sentence of not less than 3 years and not more than
87 years. The sentence of imprisonment for an extended term
9Class 2 felony, as provided in Section 5-8-2 (730 ILCS
105/5-8-2), shall be a term not less than 7 years and not more
11than 14 years.
12    (b) PERIODIC IMPRISONMENT. A sentence of periodic
13imprisonment shall be for a definite term of from 18 to 30
14months, except as otherwise provided in Section 5-5-3 or 5-7-1
15(730 ILCS 5/5-5-3 or 5/5-7-1).
16    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
17(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
18the impact incarceration program or the county impact
19incarceration program.
20    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
21in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
22period of probation or conditional discharge shall not exceed 4
23years. The court shall specify the conditions of probation or
24conditional discharge as set forth in Section 5-6-3 (730 ILCS
255/5-6-3).

 

 

HB5010- 34 -LRB101 17238 RLC 66642 b

1    (e) FINE. Fines may be imposed as provided in Section
25-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
3    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
4concerning restitution.
5    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
6be concurrent or consecutive as provided in Section 5-8-4 (730
7ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
8    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
9Act (730 ILCS 166/20) concerning eligibility for a drug court
10program.
11    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
12ILCS 5/5-4.5-100) concerning credit for time spent in home
13detention prior to judgment.
14    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
15ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
16(730 ILCS 130/) for rules and regulations for sentence credit.
17    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
185-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
19electronic monitoring and home detention.
20    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
21provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
225/5-8-1), the parole or mandatory supervised release term shall
23be 2 years upon release from imprisonment.
24(Source: P.A. 100-431, eff. 8-25-17.)
 
25    (730 ILCS 5/5-4.5-40)

 

 

HB5010- 35 -LRB101 17238 RLC 66642 b

1    Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3
2felony:
3    (a) TERM. The sentence of imprisonment shall be a
4determinate sentence of not less than 2 years and not more than
55 years. The sentence of imprisonment for an extended term
6Class 3 felony, as provided in Section 5-8-2 (730 ILCS
75/5-8-2), shall be a term not less than 5 years and not more
8than 10 years.
9    (b) PERIODIC IMPRISONMENT. A sentence of periodic
10imprisonment shall be for a definite term of up to 18 months,
11except as otherwise provided in Section 5-5-3 or 5-7-1 (730
12ILCS 5/5-5-3 or 5/5-7-1).
13    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
14(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
15the impact incarceration program or the county impact
16incarceration program.
17    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
18in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
19period of probation or conditional discharge shall not exceed
2030 months. The court shall specify the conditions of probation
21or conditional discharge as set forth in Section 5-6-3 (730
22ILCS 5/5-6-3).
23    (e) FINE. Fines may be imposed as provided in Section
245-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
25    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
26concerning restitution.

 

 

HB5010- 36 -LRB101 17238 RLC 66642 b

1    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
2be concurrent or consecutive as provided in Section 5-8-4 (730
3ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
4    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
5Act (730 ILCS 166/20) concerning eligibility for a drug court
6program.
7    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
8ILCS 5/5-4.5-100) concerning credit for time spent in home
9detention prior to judgment.
10    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
11ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
12(730 ILCS 130/) for rules and regulations for sentence credit.
13    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
145-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
15electronic monitoring and home detention.
16    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
17provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
185/5-8-1), the parole or mandatory supervised release term shall
19be one year upon release from imprisonment.
20(Source: P.A. 100-431, eff. 8-25-17.)
 
21    (730 ILCS 5/5-4.5-45)
22    Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4
23felony:
24    (a) TERM. The sentence of imprisonment shall be a
25determinate sentence of not less than one year and not more

 

 

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1than 3 years. The sentence of imprisonment for an extended term
2Class 4 felony, as provided in Section 5-8-2 (730 ILCS
35/5-8-2), shall be a term not less than 3 years and not more
4than 6 years.
5    (b) PERIODIC IMPRISONMENT. A sentence of periodic
6imprisonment shall be for a definite term of up to 18 months,
7except as otherwise provided in Section 5-5-3 or 5-7-1 (730
8ILCS 5/5-5-3 or 5/5-7-1).
9    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
10(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
11the impact incarceration program or the county impact
12incarceration program.
13    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
14in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
15period of probation or conditional discharge shall not exceed
1630 months. The court shall specify the conditions of probation
17or conditional discharge as set forth in Section 5-6-3 (730
18ILCS 5/5-6-3).
19    (e) FINE. Fines may be imposed as provided in Section
205-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
21    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
22concerning restitution.
23    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
24be concurrent or consecutive as provided in Section 5-8-4 (730
25ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
26    (h) DRUG COURT. See Section 20 of the Drug Court Treatment

 

 

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1Act (730 ILCS 166/20) concerning eligibility for a drug court
2program.
3    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
4ILCS 5/5-4.5-100) concerning credit for time spent in home
5detention prior to judgment.
6    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
7ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
8(730 ILCS 130/) for rules and regulations for sentence credit.
9    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
105-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
11electronic monitoring and home detention.
12    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
13provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
145/5-8-1), the parole or mandatory supervised release term shall
15be one year upon release from imprisonment.
16(Source: P.A. 100-431, eff. 8-25-17.)
 
17    (730 ILCS 5/5-5-3)
18    Sec. 5-5-3. Disposition.
19    (a) (Blank).
20    (b) (Blank).
21    (c) (1) (Blank).
22    (2) A period of probation, a term of periodic imprisonment
23or conditional discharge shall not be imposed for the following
24offenses. The court shall sentence the offender to not less
25than the minimum term of imprisonment set forth in this Code

 

 

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1for the following offenses, and may order a fine or restitution
2or both in conjunction with such term of imprisonment:
3        (A) First degree murder where the death penalty is not
4    imposed.
5        (B) Attempted first degree murder.
6        (C) A Class X felony.
7        (D) A violation of Section 401.1 or 407 of the Illinois
8    Controlled Substances Act, or a violation of subdivision
9    (c)(1.5) of Section 401 of that Act which relates to more
10    than 5 grams of a substance containing fentanyl or an
11    analog thereof.
12        (D-5) A violation of subdivision (c)(1) of Section 401
13    of the Illinois Controlled Substances Act which relates to
14    3 or more grams of a substance containing heroin or an
15    analog thereof.
16        (E) (Blank).
17        (F) A Class 1 or greater felony if the offender had
18    been convicted of a Class 1 or greater felony, including
19    any state or federal conviction for an offense that
20    contained, at the time it was committed, the same elements
21    as an offense now (the date of the offense committed after
22    the prior Class 1 or greater felony) classified as a Class
23    1 or greater felony, within 10 years of the date on which
24    the offender committed the offense for which he or she is
25    being sentenced, except as otherwise provided in Section
26    40-10 of the Substance Use Disorder Act.

 

 

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1        (F-3) A Class 2 or greater felony sex offense or felony
2    firearm offense if the offender had been convicted of a
3    Class 2 or greater felony, including any state or federal
4    conviction for an offense that contained, at the time it
5    was committed, the same elements as an offense now (the
6    date of the offense committed after the prior Class 2 or
7    greater felony) classified as a Class 2 or greater felony,
8    within 10 years of the date on which the offender committed
9    the offense for which he or she is being sentenced, except
10    as otherwise provided in Section 40-10 of the Substance Use
11    Disorder Act.
12        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
13    the Criminal Code of 1961 or the Criminal Code of 2012 for
14    which imprisonment is prescribed in those Sections.
15        (G) Residential burglary, except as otherwise provided
16    in Section 40-10 of the Substance Use Disorder Act.
17        (H) Criminal sexual assault.
18        (I) Aggravated battery of a senior citizen as described
19    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
20    of the Criminal Code of 1961 or the Criminal Code of 2012.
21        (J) A forcible felony if the offense was related to the
22    activities of an organized gang.
23        Before July 1, 1994, for the purposes of this
24    paragraph, "organized gang" means an association of 5 or
25    more persons, with an established hierarchy, that
26    encourages members of the association to perpetrate crimes

 

 

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1    or provides support to the members of the association who
2    do commit crimes.
3        Beginning July 1, 1994, for the purposes of this
4    paragraph, "organized gang" has the meaning ascribed to it
5    in Section 10 of the Illinois Streetgang Terrorism Omnibus
6    Prevention Act.
7        (K) Vehicular hijacking.
8        (L) A second or subsequent conviction for the offense
9    of hate crime when the underlying offense upon which the
10    hate crime is based is felony aggravated assault or felony
11    mob action.
12        (M) A second or subsequent conviction for the offense
13    of institutional vandalism if the damage to the property
14    exceeds $300.
15        (N) A Class 3 felony violation of paragraph (1) of
16    subsection (a) of Section 2 of the Firearm Owners
17    Identification Card Act.
18        (O) A violation of Section 12-6.1 or 12-6.5 of the
19    Criminal Code of 1961 or the Criminal Code of 2012.
20        (P) A violation of paragraph (1), (2), (3), (4), (5),
21    or (7) of subsection (a) of Section 11-20.1 of the Criminal
22    Code of 1961 or the Criminal Code of 2012.
23        (Q) A violation of subsection (b) or (b-5) of Section
24    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
25    Code of 1961 or the Criminal Code of 2012.
26        (R) A violation of Section 24-3A of the Criminal Code

 

 

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1    of 1961 or the Criminal Code of 2012.
2        (S) (Blank).
3        (T) (Blank).
4        (U) A second or subsequent violation of Section 6-303
5    of the Illinois Vehicle Code committed while his or her
6    driver's license, permit, or privilege was revoked because
7    of a violation of Section 9-3 of the Criminal Code of 1961
8    or the Criminal Code of 2012, relating to the offense of
9    reckless homicide, or a similar provision of a law of
10    another state.
11        (V) A violation of paragraph (4) of subsection (c) of
12    Section 11-20.1B or paragraph (4) of subsection (c) of
13    Section 11-20.3 of the Criminal Code of 1961, or paragraph
14    (6) of subsection (a) of Section 11-20.1 of the Criminal
15    Code of 2012 when the victim is under 13 years of age and
16    the defendant has previously been convicted under the laws
17    of this State or any other state of the offense of child
18    pornography, aggravated child pornography, aggravated
19    criminal sexual abuse, aggravated criminal sexual assault,
20    predatory criminal sexual assault of a child, or any of the
21    offenses formerly known as rape, deviate sexual assault,
22    indecent liberties with a child, or aggravated indecent
23    liberties with a child where the victim was under the age
24    of 18 years or an offense that is substantially equivalent
25    to those offenses.
26        (W) A violation of Section 24-3.5 of the Criminal Code

 

 

HB5010- 43 -LRB101 17238 RLC 66642 b

1    of 1961 or the Criminal Code of 2012.
2        (X) A violation of subsection (a) of Section 31-1a of
3    the Criminal Code of 1961 or the Criminal Code of 2012.
4        (Y) A conviction for unlawful possession of a firearm
5    by a street gang member when the firearm was loaded or
6    contained firearm ammunition.
7        (Z) A Class 1 felony committed while he or she was
8    serving a term of probation or conditional discharge for a
9    felony.
10        (AA) Theft of property exceeding $500,000 and not
11    exceeding $1,000,000 in value.
12        (BB) Laundering of criminally derived property of a
13    value exceeding $500,000.
14        (CC) Knowingly selling, offering for sale, holding for
15    sale, or using 2,000 or more counterfeit items or
16    counterfeit items having a retail value in the aggregate of
17    $500,000 or more.
18        (DD) A conviction for aggravated assault under
19    paragraph (6) of subsection (c) of Section 12-2 of the
20    Criminal Code of 1961 or the Criminal Code of 2012 if the
21    firearm is aimed toward the person against whom the firearm
22    is being used.
23        (EE) A conviction for a violation of paragraph (2) of
24    subsection (a) of Section 24-3B of the Criminal Code of
25    2012.
26    (3) (Blank).

 

 

HB5010- 44 -LRB101 17238 RLC 66642 b

1    (4) A minimum term of imprisonment of not less than 10
2consecutive days or 30 days of community service shall be
3imposed for a violation of paragraph (c) of Section 6-303 of
4the Illinois Vehicle Code.
5    (4.1) (Blank).
6    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
7this subsection (c), a minimum of 100 hours of community
8service shall be imposed for a second violation of Section
96-303 of the Illinois Vehicle Code.
10    (4.3) A minimum term of imprisonment of 30 days or 300
11hours of community service, as determined by the court, shall
12be imposed for a second violation of subsection (c) of Section
136-303 of the Illinois Vehicle Code.
14    (4.4) Except as provided in paragraphs (4.5), (4.6), and
15(4.9) of this subsection (c), a minimum term of imprisonment of
1630 days or 300 hours of community service, as determined by the
17court, shall be imposed for a third or subsequent violation of
18Section 6-303 of the Illinois Vehicle Code. The court may give
19credit toward the fulfillment of community service hours for
20participation in activities and treatment as determined by
21court services.
22    (4.5) A minimum term of imprisonment of 30 days shall be
23imposed for a third violation of subsection (c) of Section
246-303 of the Illinois Vehicle Code.
25    (4.6) Except as provided in paragraph (4.10) of this
26subsection (c), a minimum term of imprisonment of 180 days

 

 

HB5010- 45 -LRB101 17238 RLC 66642 b

1shall be imposed for a fourth or subsequent violation of
2subsection (c) of Section 6-303 of the Illinois Vehicle Code.
3    (4.7) A minimum term of imprisonment of not less than 30
4consecutive days, or 300 hours of community service, shall be
5imposed for a violation of subsection (a-5) of Section 6-303 of
6the Illinois Vehicle Code, as provided in subsection (b-5) of
7that Section.
8    (4.8) A mandatory prison sentence shall be imposed for a
9second violation of subsection (a-5) of Section 6-303 of the
10Illinois Vehicle Code, as provided in subsection (c-5) of that
11Section. The person's driving privileges shall be revoked for a
12period of not less than 5 years from the date of his or her
13release from prison.
14    (4.9) A mandatory prison sentence of not less than 4 and
15not more than 15 years shall be imposed for a third violation
16of subsection (a-5) of Section 6-303 of the Illinois Vehicle
17Code, as provided in subsection (d-2.5) of that Section. The
18person's driving privileges shall be revoked for the remainder
19of his or her life.
20    (4.10) A mandatory prison sentence for a Class 1 felony
21shall be imposed, and the person shall be eligible for an
22extended term sentence, for a fourth or subsequent violation of
23subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
24as provided in subsection (d-3.5) of that Section. The person's
25driving privileges shall be revoked for the remainder of his or
26her life.

 

 

HB5010- 46 -LRB101 17238 RLC 66642 b

1    (5) The court may sentence a corporation or unincorporated
2association convicted of any offense to:
3        (A) a period of conditional discharge;
4        (B) a fine;
5        (C) make restitution to the victim under Section 5-5-6
6    of this Code.
7    (5.1) In addition to any other penalties imposed, and
8except as provided in paragraph (5.2) or (5.3), a person
9convicted of violating subsection (c) of Section 11-907 of the
10Illinois Vehicle Code shall have his or her driver's license,
11permit, or privileges suspended for at least 90 days but not
12more than one year, if the violation resulted in damage to the
13property of another person.
14    (5.2) In addition to any other penalties imposed, and
15except as provided in paragraph (5.3), a person convicted of
16violating subsection (c) of Section 11-907 of the Illinois
17Vehicle Code shall have his or her driver's license, permit, or
18privileges suspended for at least 180 days but not more than 2
19years, if the violation resulted in injury to another person.
20    (5.3) In addition to any other penalties imposed, a person
21convicted of violating subsection (c) of Section 11-907 of the
22Illinois Vehicle Code shall have his or her driver's license,
23permit, or privileges suspended for 2 years, if the violation
24resulted in the death of another person.
25    (5.4) In addition to any other penalties imposed, a person
26convicted of violating Section 3-707 of the Illinois Vehicle

 

 

HB5010- 47 -LRB101 17238 RLC 66642 b

1Code shall have his or her driver's license, permit, or
2privileges suspended for 3 months and until he or she has paid
3a reinstatement fee of $100.
4    (5.5) In addition to any other penalties imposed, a person
5convicted of violating Section 3-707 of the Illinois Vehicle
6Code during a period in which his or her driver's license,
7permit, or privileges were suspended for a previous violation
8of that Section shall have his or her driver's license, permit,
9or privileges suspended for an additional 6 months after the
10expiration of the original 3-month suspension and until he or
11she has paid a reinstatement fee of $100.
12    (6) (Blank).
13    (7) (Blank).
14    (8) (Blank).
15    (9) A defendant convicted of a second or subsequent offense
16of ritualized abuse of a child may be sentenced to a term of
17natural life imprisonment.
18    (10) (Blank).
19    (11) The court shall impose a minimum fine of $1,000 for a
20first offense and $2,000 for a second or subsequent offense
21upon a person convicted of or placed on supervision for battery
22when the individual harmed was a sports official or coach at
23any level of competition and the act causing harm to the sports
24official or coach occurred within an athletic facility or
25within the immediate vicinity of the athletic facility at which
26the sports official or coach was an active participant of the

 

 

HB5010- 48 -LRB101 17238 RLC 66642 b

1athletic contest held at the athletic facility. For the
2purposes of this paragraph (11), "sports official" means a
3person at an athletic contest who enforces the rules of the
4contest, such as an umpire or referee; "athletic facility"
5means an indoor or outdoor playing field or recreational area
6where sports activities are conducted; and "coach" means a
7person recognized as a coach by the sanctioning authority that
8conducted the sporting event.
9    (12) A person may not receive a disposition of court
10supervision for a violation of Section 5-16 of the Boat
11Registration and Safety Act if that person has previously
12received a disposition of court supervision for a violation of
13that Section.
14    (13) A person convicted of or placed on court supervision
15for an assault or aggravated assault when the victim and the
16offender are family or household members as defined in Section
17103 of the Illinois Domestic Violence Act of 1986 or convicted
18of domestic battery or aggravated domestic battery may be
19required to attend a Partner Abuse Intervention Program under
20protocols set forth by the Illinois Department of Human
21Services under such terms and conditions imposed by the court.
22The costs of such classes shall be paid by the offender.
23    (d) In any case in which a sentence originally imposed is
24vacated, the case shall be remanded to the trial court. The
25trial court shall hold a hearing under Section 5-4-1 of this
26Code which may include evidence of the defendant's life, moral

 

 

HB5010- 49 -LRB101 17238 RLC 66642 b

1character and occupation during the time since the original
2sentence was passed. The trial court shall then impose sentence
3upon the defendant. The trial court may impose any sentence
4which could have been imposed at the original trial subject to
5Section 5-5-4 of this Code. If a sentence is vacated on appeal
6or on collateral attack due to the failure of the trier of fact
7at trial to determine beyond a reasonable doubt the existence
8of a fact (other than a prior conviction) necessary to increase
9the punishment for the offense beyond the statutory maximum
10otherwise applicable, either the defendant may be re-sentenced
11to a term within the range otherwise provided or, if the State
12files notice of its intention to again seek the extended
13sentence, the defendant shall be afforded a new trial.
14    (e) In cases where prosecution for aggravated criminal
15sexual abuse under Section 11-1.60 or 12-16 of the Criminal
16Code of 1961 or the Criminal Code of 2012 results in conviction
17of a defendant who was a family member of the victim at the
18time of the commission of the offense, the court shall consider
19the safety and welfare of the victim and may impose a sentence
20of probation only where:
21        (1) the court finds (A) or (B) or both are appropriate:
22            (A) the defendant is willing to undergo a court
23        approved counseling program for a minimum duration of 2
24        years; or
25            (B) the defendant is willing to participate in a
26        court approved plan including but not limited to the

 

 

HB5010- 50 -LRB101 17238 RLC 66642 b

1        defendant's:
2                (i) removal from the household;
3                (ii) restricted contact with the victim;
4                (iii) continued financial support of the
5            family;
6                (iv) restitution for harm done to the victim;
7            and
8                (v) compliance with any other measures that
9            the court may deem appropriate; and
10        (2) the court orders the defendant to pay for the
11    victim's counseling services, to the extent that the court
12    finds, after considering the defendant's income and
13    assets, that the defendant is financially capable of paying
14    for such services, if the victim was under 18 years of age
15    at the time the offense was committed and requires
16    counseling as a result of the offense.
17    Probation may be revoked or modified pursuant to Section
185-6-4; except where the court determines at the hearing that
19the defendant violated a condition of his or her probation
20restricting contact with the victim or other family members or
21commits another offense with the victim or other family
22members, the court shall revoke the defendant's probation and
23impose a term of imprisonment.
24    For the purposes of this Section, "family member" and
25"victim" shall have the meanings ascribed to them in Section
2611-0.1 of the Criminal Code of 2012.

 

 

HB5010- 51 -LRB101 17238 RLC 66642 b

1    (f) (Blank).
2    (g) Whenever a defendant is convicted of an offense under
3Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
411-14.3, 11-14.4 except for an offense that involves keeping a
5place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
712-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
8Criminal Code of 2012, the defendant shall undergo medical
9testing to determine whether the defendant has any sexually
10transmissible disease, including a test for infection with
11human immunodeficiency virus (HIV) or any other identified
12causative agent of acquired immunodeficiency syndrome (AIDS).
13Any such medical test shall be performed only by appropriately
14licensed medical practitioners and may include an analysis of
15any bodily fluids as well as an examination of the defendant's
16person. Except as otherwise provided by law, the results of
17such test shall be kept strictly confidential by all medical
18personnel involved in the testing and must be personally
19delivered in a sealed envelope to the judge of the court in
20which the conviction was entered for the judge's inspection in
21camera. Acting in accordance with the best interests of the
22victim and the public, the judge shall have the discretion to
23determine to whom, if anyone, the results of the testing may be
24revealed. The court shall notify the defendant of the test
25results. The court shall also notify the victim if requested by
26the victim, and if the victim is under the age of 15 and if

 

 

HB5010- 52 -LRB101 17238 RLC 66642 b

1requested by the victim's parents or legal guardian, the court
2shall notify the victim's parents or legal guardian of the test
3results. The court shall provide information on the
4availability of HIV testing and counseling at Department of
5Public Health facilities to all parties to whom the results of
6the testing are revealed and shall direct the State's Attorney
7to provide the information to the victim when possible. A
8State's Attorney may petition the court to obtain the results
9of any HIV test administered under this Section, and the court
10shall grant the disclosure if the State's Attorney shows it is
11relevant in order to prosecute a charge of criminal
12transmission of HIV under Section 12-5.01 or 12-16.2 of the
13Criminal Code of 1961 or the Criminal Code of 2012 against the
14defendant. The court shall order that the cost of any such test
15shall be paid by the county and may be taxed as costs against
16the convicted defendant.
17    (g-5) When an inmate is tested for an airborne communicable
18disease, as determined by the Illinois Department of Public
19Health including but not limited to tuberculosis, the results
20of the test shall be personally delivered by the warden or his
21or her designee in a sealed envelope to the judge of the court
22in which the inmate must appear for the judge's inspection in
23camera if requested by the judge. Acting in accordance with the
24best interests of those in the courtroom, the judge shall have
25the discretion to determine what if any precautions need to be
26taken to prevent transmission of the disease in the courtroom.

 

 

HB5010- 53 -LRB101 17238 RLC 66642 b

1    (h) Whenever a defendant is convicted of an offense under
2Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
3defendant shall undergo medical testing to determine whether
4the defendant has been exposed to human immunodeficiency virus
5(HIV) or any other identified causative agent of acquired
6immunodeficiency syndrome (AIDS). Except as otherwise provided
7by law, the results of such test shall be kept strictly
8confidential by all medical personnel involved in the testing
9and must be personally delivered in a sealed envelope to the
10judge of the court in which the conviction was entered for the
11judge's inspection in camera. Acting in accordance with the
12best interests of the public, the judge shall have the
13discretion to determine to whom, if anyone, the results of the
14testing may be revealed. The court shall notify the defendant
15of a positive test showing an infection with the human
16immunodeficiency virus (HIV). The court shall provide
17information on the availability of HIV testing and counseling
18at Department of Public Health facilities to all parties to
19whom the results of the testing are revealed and shall direct
20the State's Attorney to provide the information to the victim
21when possible. A State's Attorney may petition the court to
22obtain the results of any HIV test administered under this
23Section, and the court shall grant the disclosure if the
24State's Attorney shows it is relevant in order to prosecute a
25charge of criminal transmission of HIV under Section 12-5.01 or
2612-16.2 of the Criminal Code of 1961 or the Criminal Code of

 

 

HB5010- 54 -LRB101 17238 RLC 66642 b

12012 against the defendant. The court shall order that the cost
2of any such test shall be paid by the county and may be taxed as
3costs against the convicted defendant.
4    (i) All fines and penalties imposed under this Section for
5any violation of Chapters 3, 4, 6, and 11 of the Illinois
6Vehicle Code, or a similar provision of a local ordinance, and
7any violation of the Child Passenger Protection Act, or a
8similar provision of a local ordinance, shall be collected and
9disbursed by the circuit clerk as provided under the Criminal
10and Traffic Assessment Act.
11    (j) In cases when prosecution for any violation of Section
1211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1311-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1411-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1511-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1612-15, or 12-16 of the Criminal Code of 1961 or the Criminal
17Code of 2012, any violation of the Illinois Controlled
18Substances Act, any violation of the Cannabis Control Act, or
19any violation of the Methamphetamine Control and Community
20Protection Act results in conviction, a disposition of court
21supervision, or an order of probation granted under Section 10
22of the Cannabis Control Act, Section 410 of the Illinois
23Controlled Substances Act, or Section 70 of the Methamphetamine
24Control and Community Protection Act of a defendant, the court
25shall determine whether the defendant is employed by a facility
26or center as defined under the Child Care Act of 1969, a public

 

 

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1or private elementary or secondary school, or otherwise works
2with children under 18 years of age on a daily basis. When a
3defendant is so employed, the court shall order the Clerk of
4the Court to send a copy of the judgment of conviction or order
5of supervision or probation to the defendant's employer by
6certified mail. If the employer of the defendant is a school,
7the Clerk of the Court shall direct the mailing of a copy of
8the judgment of conviction or order of supervision or probation
9to the appropriate regional superintendent of schools. The
10regional superintendent of schools shall notify the State Board
11of Education of any notification under this subsection.
12    (j-5) A defendant at least 17 years of age who is convicted
13of a felony and who has not been previously convicted of a
14misdemeanor or felony and who is sentenced to a term of
15imprisonment in the Illinois Department of Corrections shall as
16a condition of his or her sentence be required by the court to
17attend educational courses designed to prepare the defendant
18for a high school diploma and to work toward a high school
19diploma or to work toward passing high school equivalency
20testing or to work toward completing a vocational training
21program offered by the Department of Corrections. If a
22defendant fails to complete the educational training required
23by his or her sentence during the term of incarceration, the
24Prisoner Review Board shall, as a condition of mandatory
25supervised release, require the defendant, at his or her own
26expense, to pursue a course of study toward a high school

 

 

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1diploma or passage of high school equivalency testing. The
2Prisoner Review Board shall revoke the mandatory supervised
3release of a defendant who wilfully fails to comply with this
4subsection (j-5) upon his or her release from confinement in a
5penal institution while serving a mandatory supervised release
6term; however, the inability of the defendant after making a
7good faith effort to obtain financial aid or pay for the
8educational training shall not be deemed a wilful failure to
9comply. The Prisoner Review Board shall recommit the defendant
10whose mandatory supervised release term has been revoked under
11this subsection (j-5) as provided in Section 3-3-9. This
12subsection (j-5) does not apply to a defendant who has a high
13school diploma or has successfully passed high school
14equivalency testing. This subsection (j-5) does not apply to a
15defendant who is determined by the court to be a person with a
16developmental disability or otherwise mentally incapable of
17completing the educational or vocational program.
18    (k) (Blank).
19    (l) (A) Except as provided in paragraph (C) of subsection
20(l), whenever a defendant, who is an alien as defined by the
21Immigration and Nationality Act, is convicted of any felony or
22misdemeanor offense, the court after sentencing the defendant
23may, upon motion of the State's Attorney, hold sentence in
24abeyance and remand the defendant to the custody of the
25Attorney General of the United States or his or her designated
26agent to be deported when:

 

 

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1        (1) a final order of deportation has been issued
2    against the defendant pursuant to proceedings under the
3    Immigration and Nationality Act, and
4        (2) the deportation of the defendant would not
5    deprecate the seriousness of the defendant's conduct and
6    would not be inconsistent with the ends of justice.
7    Otherwise, the defendant shall be sentenced as provided in
8this Chapter V.
9    (B) If the defendant has already been sentenced for a
10felony or misdemeanor offense, or has been placed on probation
11under Section 10 of the Cannabis Control Act, Section 410 of
12the Illinois Controlled Substances Act, or Section 70 of the
13Methamphetamine Control and Community Protection Act, the
14court may, upon motion of the State's Attorney to suspend the
15sentence imposed, commit the defendant to the custody of the
16Attorney General of the United States or his or her designated
17agent when:
18        (1) a final order of deportation has been issued
19    against the defendant pursuant to proceedings under the
20    Immigration and Nationality Act, and
21        (2) the deportation of the defendant would not
22    deprecate the seriousness of the defendant's conduct and
23    would not be inconsistent with the ends of justice.
24    (C) This subsection (l) does not apply to offenders who are
25subject to the provisions of paragraph (2) of subsection (a) of
26Section 3-6-3.

 

 

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1    (D) Upon motion of the State's Attorney, if a defendant
2sentenced under this Section returns to the jurisdiction of the
3United States, the defendant shall be recommitted to the
4custody of the county from which he or she was sentenced.
5Thereafter, the defendant shall be brought before the
6sentencing court, which may impose any sentence that was
7available under Section 5-5-3 at the time of initial
8sentencing. In addition, the defendant shall not be eligible
9for additional earned sentence credit as provided under Section
103-6-3.
11    (m) A person convicted of criminal defacement of property
12under Section 21-1.3 of the Criminal Code of 1961 or the
13Criminal Code of 2012, in which the property damage exceeds
14$300 and the property damaged is a school building, shall be
15ordered to perform community service that may include cleanup,
16removal, or painting over the defacement.
17    (n) The court may sentence a person convicted of a
18violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
19subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
20of 1961 or the Criminal Code of 2012 (i) to an impact
21incarceration program if the person is otherwise eligible for
22that program under Section 5-8-1.1, (ii) to community service,
23or (iii) if the person has a substance use disorder, as defined
24in the Substance Use Disorder Act, to a treatment program
25licensed under that Act.
26    (o) Whenever a person is convicted of a sex offense as

 

 

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1defined in Section 2 of the Sex Offender Registration Act, the
2defendant's driver's license or permit shall be subject to
3renewal on an annual basis in accordance with the provisions of
4license renewal established by the Secretary of State.
5(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
6100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
 
7    (730 ILCS 5/5-5-3.2)
8    Sec. 5-5-3.2. Factors in aggravation and extended-term
9sentencing.
10    (a) The following factors shall be accorded weight in favor
11of imposing a term of imprisonment or may be considered by the
12court as reasons to impose a more severe sentence under Section
135-8-1 or Article 4.5 of Chapter V:
14        (1) the defendant's conduct caused or threatened
15    serious harm;
16        (2) the defendant received compensation for committing
17    the offense;
18        (3) the defendant has a history of prior delinquency or
19    criminal activity;
20        (4) the defendant, by the duties of his office or by
21    his position, was obliged to prevent the particular offense
22    committed or to bring the offenders committing it to
23    justice;
24        (5) the defendant held public office at the time of the
25    offense, and the offense related to the conduct of that

 

 

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1    office;
2        (6) the defendant utilized his professional reputation
3    or position in the community to commit the offense, or to
4    afford him an easier means of committing it;
5        (7) the sentence is necessary to deter others from
6    committing the same crime;
7        (8) the defendant committed the offense against a
8    person 60 years of age or older or such person's property;
9        (9) the defendant committed the offense against a
10    person who has a physical disability or such person's
11    property;
12        (10) by reason of another individual's actual or
13    perceived race, color, creed, religion, ancestry, gender,
14    sexual orientation, physical or mental disability, or
15    national origin, the defendant committed the offense
16    against (i) the person or property of that individual; (ii)
17    the person or property of a person who has an association
18    with, is married to, or has a friendship with the other
19    individual; or (iii) the person or property of a relative
20    (by blood or marriage) of a person described in clause (i)
21    or (ii). For the purposes of this Section, "sexual
22    orientation" has the meaning ascribed to it in paragraph
23    (O-1) of Section 1-103 of the Illinois Human Rights Act;
24        (11) the offense took place in a place of worship or on
25    the grounds of a place of worship, immediately prior to,
26    during or immediately following worship services. For

 

 

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1    purposes of this subparagraph, "place of worship" shall
2    mean any church, synagogue or other building, structure or
3    place used primarily for religious worship;
4        (12) the defendant was convicted of a felony committed
5    while he was released on bail or his own recognizance
6    pending trial for a prior felony and was convicted of such
7    prior felony, or the defendant was convicted of a felony
8    committed while he was serving a period of probation,
9    conditional discharge, or mandatory supervised release
10    under subsection (d) of Section 5-8-1 for a prior felony;
11        (13) the defendant committed or attempted to commit a
12    felony while he was wearing a bulletproof vest. For the
13    purposes of this paragraph (13), a bulletproof vest is any
14    device which is designed for the purpose of protecting the
15    wearer from bullets, shot or other lethal projectiles;
16        (14) the defendant held a position of trust or
17    supervision such as, but not limited to, family member as
18    defined in Section 11-0.1 of the Criminal Code of 2012,
19    teacher, scout leader, baby sitter, or day care worker, in
20    relation to a victim under 18 years of age, and the
21    defendant committed an offense in violation of Section
22    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
23    11-14.4 except for an offense that involves keeping a place
24    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
25    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
26    or 12-16 of the Criminal Code of 1961 or the Criminal Code

 

 

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1    of 2012 against that victim;
2        (15) the defendant committed an offense related to the
3    activities of an organized gang. For the purposes of this
4    factor, "organized gang" has the meaning ascribed to it in
5    Section 10 of the Streetgang Terrorism Omnibus Prevention
6    Act;
7        (16) the defendant committed an offense in violation of
8    one of the following Sections while in a school, regardless
9    of the time of day or time of year; on any conveyance
10    owned, leased, or contracted by a school to transport
11    students to or from school or a school related activity; on
12    the real property of a school; or on a public way within
13    1,000 feet of the real property comprising any school:
14    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
15    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
16    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
17    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18    18-2, or 33A-2, or Section 12-3.05 except for subdivision
19    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
20    Criminal Code of 2012;
21        (16.5) the defendant committed an offense in violation
22    of one of the following Sections while in a day care
23    center, regardless of the time of day or time of year; on
24    the real property of a day care center, regardless of the
25    time of day or time of year; or on a public way within
26    1,000 feet of the real property comprising any day care

 

 

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1    center, regardless of the time of day or time of year:
2    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
3    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
4    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
5    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
6    18-2, or 33A-2, or Section 12-3.05 except for subdivision
7    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
8    Criminal Code of 2012;
9        (17) the defendant committed the offense by reason of
10    any person's activity as a community policing volunteer or
11    to prevent any person from engaging in activity as a
12    community policing volunteer. For the purpose of this
13    Section, "community policing volunteer" has the meaning
14    ascribed to it in Section 2-3.5 of the Criminal Code of
15    2012;
16        (18) the defendant committed the offense in a nursing
17    home or on the real property comprising a nursing home. For
18    the purposes of this paragraph (18), "nursing home" means a
19    skilled nursing or intermediate long term care facility
20    that is subject to license by the Illinois Department of
21    Public Health under the Nursing Home Care Act, the
22    Specialized Mental Health Rehabilitation Act of 2013, the
23    ID/DD Community Care Act, or the MC/DD Act;
24        (19) the defendant was a federally licensed firearm
25    dealer and was previously convicted of a violation of
26    subsection (a) of Section 3 of the Firearm Owners

 

 

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1    Identification Card Act and has now committed either a
2    felony violation of the Firearm Owners Identification Card
3    Act or an act of armed violence while armed with a firearm;
4        (20) the defendant (i) committed the offense of
5    reckless homicide under Section 9-3 of the Criminal Code of
6    1961 or the Criminal Code of 2012 or the offense of driving
7    under the influence of alcohol, other drug or drugs,
8    intoxicating compound or compounds or any combination
9    thereof under Section 11-501 of the Illinois Vehicle Code
10    or a similar provision of a local ordinance and (ii) was
11    operating a motor vehicle in excess of 20 miles per hour
12    over the posted speed limit as provided in Article VI of
13    Chapter 11 of the Illinois Vehicle Code;
14        (21) the defendant (i) committed the offense of
15    reckless driving or aggravated reckless driving under
16    Section 11-503 of the Illinois Vehicle Code and (ii) was
17    operating a motor vehicle in excess of 20 miles per hour
18    over the posted speed limit as provided in Article VI of
19    Chapter 11 of the Illinois Vehicle Code;
20        (22) the defendant committed the offense against a
21    person that the defendant knew, or reasonably should have
22    known, was a member of the Armed Forces of the United
23    States serving on active duty. For purposes of this clause
24    (22), the term "Armed Forces" means any of the Armed Forces
25    of the United States, including a member of any reserve
26    component thereof or National Guard unit called to active

 

 

HB5010- 65 -LRB101 17238 RLC 66642 b

1    duty;
2        (23) the defendant committed the offense against a
3    person who was elderly or infirm or who was a person with a
4    disability by taking advantage of a family or fiduciary
5    relationship with the elderly or infirm person or person
6    with a disability;
7        (24) the defendant committed any offense under Section
8    11-20.1 of the Criminal Code of 1961 or the Criminal Code
9    of 2012 and possessed 100 or more images;
10        (25) the defendant committed the offense while the
11    defendant or the victim was in a train, bus, or other
12    vehicle used for public transportation;
13        (26) the defendant committed the offense of child
14    pornography or aggravated child pornography, specifically
15    including paragraph (1), (2), (3), (4), (5), or (7) of
16    subsection (a) of Section 11-20.1 of the Criminal Code of
17    1961 or the Criminal Code of 2012 where a child engaged in,
18    solicited for, depicted in, or posed in any act of sexual
19    penetration or bound, fettered, or subject to sadistic,
20    masochistic, or sadomasochistic abuse in a sexual context
21    and specifically including paragraph (1), (2), (3), (4),
22    (5), or (7) of subsection (a) of Section 11-20.1B or
23    Section 11-20.3 of the Criminal Code of 1961 where a child
24    engaged in, solicited for, depicted in, or posed in any act
25    of sexual penetration or bound, fettered, or subject to
26    sadistic, masochistic, or sadomasochistic abuse in a

 

 

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1    sexual context;
2        (27) the defendant committed the offense of first
3    degree murder, assault, aggravated assault, battery,
4    aggravated battery, robbery, armed robbery, or aggravated
5    robbery against a person who was a veteran and the
6    defendant knew, or reasonably should have known, that the
7    person was a veteran performing duties as a representative
8    of a veterans' organization. For the purposes of this
9    paragraph (27), "veteran" means an Illinois resident who
10    has served as a member of the United States Armed Forces, a
11    member of the Illinois National Guard, or a member of the
12    United States Reserve Forces; and "veterans' organization"
13    means an organization comprised of members of which
14    substantially all are individuals who are veterans or
15    spouses, widows, or widowers of veterans, the primary
16    purpose of which is to promote the welfare of its members
17    and to provide assistance to the general public in such a
18    way as to confer a public benefit;
19        (28) the defendant committed the offense of assault,
20    aggravated assault, battery, aggravated battery, robbery,
21    armed robbery, or aggravated robbery against a person that
22    the defendant knew or reasonably should have known was a
23    letter carrier or postal worker while that person was
24    performing his or her duties delivering mail for the United
25    States Postal Service;
26        (29) the defendant committed the offense of criminal

 

 

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1    sexual assault, aggravated criminal sexual assault,
2    criminal sexual abuse, or aggravated criminal sexual abuse
3    against a victim with an intellectual disability, and the
4    defendant holds a position of trust, authority, or
5    supervision in relation to the victim;
6        (30) the defendant committed the offense of promoting
7    juvenile prostitution, patronizing a prostitute, or
8    patronizing a minor engaged in prostitution and at the time
9    of the commission of the offense knew that the prostitute
10    or minor engaged in prostitution was in the custody or
11    guardianship of the Department of Children and Family
12    Services;
13        (31) the defendant (i) committed the offense of driving
14    while under the influence of alcohol, other drug or drugs,
15    intoxicating compound or compounds or any combination
16    thereof in violation of Section 11-501 of the Illinois
17    Vehicle Code or a similar provision of a local ordinance
18    and (ii) the defendant during the commission of the offense
19    was driving his or her vehicle upon a roadway designated
20    for one-way traffic in the opposite direction of the
21    direction indicated by official traffic control devices;
22    or
23        (32) the defendant committed the offense of reckless
24    homicide while committing a violation of Section 11-907 of
25    the Illinois Vehicle Code; .
26        (33) (32) the defendant was found guilty of an

 

 

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1    administrative infraction related to an act or acts of
2    public indecency or sexual misconduct in the penal
3    institution. In this paragraph (33) (32), "penal
4    institution" has the same meaning as in Section 2-14 of the
5    Criminal Code of 2012; or .
6        (34) (32) the defendant committed the offense of
7    leaving the scene of an accident in violation of subsection
8    (b) of Section 11-401 of the Illinois Vehicle Code and the
9    accident resulted in the death of a person and at the time
10    of the offense, the defendant was: (i) driving under the
11    influence of alcohol, other drug or drugs, intoxicating
12    compound or compounds or any combination thereof as defined
13    by Section 11-501 of the Illinois Vehicle Code; or (ii)
14    operating the motor vehicle while using an electronic
15    communication device as defined in Section 12-610.2 of the
16    Illinois Vehicle Code.
17    For the purposes of this Section:
18    "School" is defined as a public or private elementary or
19secondary school, community college, college, or university.
20    "Day care center" means a public or private State certified
21and licensed day care center as defined in Section 2.09 of the
22Child Care Act of 1969 that displays a sign in plain view
23stating that the property is a day care center.
24    "Intellectual disability" means significantly subaverage
25intellectual functioning which exists concurrently with
26impairment in adaptive behavior.

 

 

HB5010- 69 -LRB101 17238 RLC 66642 b

1    "Public transportation" means the transportation or
2conveyance of persons by means available to the general public,
3and includes paratransit services.
4    "Traffic control devices" means all signs, signals,
5markings, and devices that conform to the Illinois Manual on
6Uniform Traffic Control Devices, placed or erected by authority
7of a public body or official having jurisdiction, for the
8purpose of regulating, warning, or guiding traffic.
9    (b) (Blank). The following factors, related to all
10felonies, may be considered by the court as reasons to impose
11an extended term sentence under Section 5-8-2 upon any
12offender:
13        (1) When a defendant is convicted of any felony, after
14    having been previously convicted in Illinois or any other
15    jurisdiction of the same or similar class felony or greater
16    class felony, when such conviction has occurred within 10
17    years after the previous conviction, excluding time spent
18    in custody, and such charges are separately brought and
19    tried and arise out of different series of acts; or
20        (2) When a defendant is convicted of any felony and the
21    court finds that the offense was accompanied by
22    exceptionally brutal or heinous behavior indicative of
23    wanton cruelty; or
24        (3) When a defendant is convicted of any felony
25    committed against:
26            (i) a person under 12 years of age at the time of

 

 

HB5010- 70 -LRB101 17238 RLC 66642 b

1        the offense or such person's property;
2            (ii) a person 60 years of age or older at the time
3        of the offense or such person's property; or
4            (iii) a person who had a physical disability at the
5        time of the offense or such person's property; or
6        (4) When a defendant is convicted of any felony and the
7    offense involved any of the following types of specific
8    misconduct committed as part of a ceremony, rite,
9    initiation, observance, performance, practice or activity
10    of any actual or ostensible religious, fraternal, or social
11    group:
12            (i) the brutalizing or torturing of humans or
13        animals;
14            (ii) the theft of human corpses;
15            (iii) the kidnapping of humans;
16            (iv) the desecration of any cemetery, religious,
17        fraternal, business, governmental, educational, or
18        other building or property; or
19            (v) ritualized abuse of a child; or
20        (5) When a defendant is convicted of a felony other
21    than conspiracy and the court finds that the felony was
22    committed under an agreement with 2 or more other persons
23    to commit that offense and the defendant, with respect to
24    the other individuals, occupied a position of organizer,
25    supervisor, financier, or any other position of management
26    or leadership, and the court further finds that the felony

 

 

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1    committed was related to or in furtherance of the criminal
2    activities of an organized gang or was motivated by the
3    defendant's leadership in an organized gang; or
4        (6) When a defendant is convicted of an offense
5    committed while using a firearm with a laser sight attached
6    to it. For purposes of this paragraph, "laser sight" has
7    the meaning ascribed to it in Section 26-7 of the Criminal
8    Code of 2012; or
9        (7) When a defendant who was at least 17 years of age
10    at the time of the commission of the offense is convicted
11    of a felony and has been previously adjudicated a
12    delinquent minor under the Juvenile Court Act of 1987 for
13    an act that if committed by an adult would be a Class X or
14    Class 1 felony when the conviction has occurred within 10
15    years after the previous adjudication, excluding time
16    spent in custody; or
17        (8) When a defendant commits any felony and the
18    defendant used, possessed, exercised control over, or
19    otherwise directed an animal to assault a law enforcement
20    officer engaged in the execution of his or her official
21    duties or in furtherance of the criminal activities of an
22    organized gang in which the defendant is engaged; or
23        (9) When a defendant commits any felony and the
24    defendant knowingly video or audio records the offense with
25    the intent to disseminate the recording.
26    (c) (Blank). The following factors may be considered by the

 

 

HB5010- 72 -LRB101 17238 RLC 66642 b

1court as reasons to impose an extended term sentence under
2Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the
3listed offenses:
4        (1) When a defendant is convicted of first degree
5    murder, after having been previously convicted in Illinois
6    of any offense listed under paragraph (c)(2) of Section
7    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
8    within 10 years after the previous conviction, excluding
9    time spent in custody, and the charges are separately
10    brought and tried and arise out of different series of
11    acts.
12        (1.5) When a defendant is convicted of first degree
13    murder, after having been previously convicted of domestic
14    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
15    (720 ILCS 5/12-3.3) committed on the same victim or after
16    having been previously convicted of violation of an order
17    of protection (720 ILCS 5/12-30) in which the same victim
18    was the protected person.
19        (2) When a defendant is convicted of voluntary
20    manslaughter, second degree murder, involuntary
21    manslaughter, or reckless homicide in which the defendant
22    has been convicted of causing the death of more than one
23    individual.
24        (3) When a defendant is convicted of aggravated
25    criminal sexual assault or criminal sexual assault, when
26    there is a finding that aggravated criminal sexual assault

 

 

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1    or criminal sexual assault was also committed on the same
2    victim by one or more other individuals, and the defendant
3    voluntarily participated in the crime with the knowledge of
4    the participation of the others in the crime, and the
5    commission of the crime was part of a single course of
6    conduct during which there was no substantial change in the
7    nature of the criminal objective.
8        (4) If the victim was under 18 years of age at the time
9    of the commission of the offense, when a defendant is
10    convicted of aggravated criminal sexual assault or
11    predatory criminal sexual assault of a child under
12    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
13    of Section 12-14.1 of the Criminal Code of 1961 or the
14    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
15        (5) When a defendant is convicted of a felony violation
16    of Section 24-1 of the Criminal Code of 1961 or the
17    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
18    finding that the defendant is a member of an organized
19    gang.
20        (6) When a defendant was convicted of unlawful use of
21    weapons under Section 24-1 of the Criminal Code of 1961 or
22    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
23    a weapon that is not readily distinguishable as one of the
24    weapons enumerated in Section 24-1 of the Criminal Code of
25    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
26        (7) When a defendant is convicted of an offense

 

 

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1    involving the illegal manufacture of a controlled
2    substance under Section 401 of the Illinois Controlled
3    Substances Act (720 ILCS 570/401), the illegal manufacture
4    of methamphetamine under Section 25 of the Methamphetamine
5    Control and Community Protection Act (720 ILCS 646/25), or
6    the illegal possession of explosives and an emergency
7    response officer in the performance of his or her duties is
8    killed or injured at the scene of the offense while
9    responding to the emergency caused by the commission of the
10    offense. In this paragraph, "emergency" means a situation
11    in which a person's life, health, or safety is in jeopardy;
12    and "emergency response officer" means a peace officer,
13    community policing volunteer, fireman, emergency medical
14    technician-ambulance, emergency medical
15    technician-intermediate, emergency medical
16    technician-paramedic, ambulance driver, other medical
17    assistance or first aid personnel, or hospital emergency
18    room personnel.
19        (8) When the defendant is convicted of attempted mob
20    action, solicitation to commit mob action, or conspiracy to
21    commit mob action under Section 8-1, 8-2, or 8-4 of the
22    Criminal Code of 2012, where the criminal object is a
23    violation of Section 25-1 of the Criminal Code of 2012, and
24    an electronic communication is used in the commission of
25    the offense. For the purposes of this paragraph (8),
26    "electronic communication" shall have the meaning provided

 

 

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1    in Section 26.5-0.1 of the Criminal Code of 2012.
2    (d) (Blank). For the purposes of this Section, "organized
3gang" has the meaning ascribed to it in Section 10 of the
4Illinois Streetgang Terrorism Omnibus Prevention Act.
5    (e) (Blank). The court may impose an extended term sentence
6under Article 4.5 of Chapter V upon an offender who has been
7convicted of a felony violation of Section 11-1.20, 11-1.30,
811-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
912-16 of the Criminal Code of 1961 or the Criminal Code of 2012
10when the victim of the offense is under 18 years of age at the
11time of the commission of the offense and, during the
12commission of the offense, the victim was under the influence
13of alcohol, regardless of whether or not the alcohol was
14supplied by the offender; and the offender, at the time of the
15commission of the offense, knew or should have known that the
16victim had consumed alcohol.
17(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
18101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
 
19    (730 ILCS 5/5-5-4)  (from Ch. 38, par. 1005-5-4)
20    Sec. 5-5-4. Resentences.
21    (a) Where a conviction or sentence has been set aside on
22direct review or on collateral attack, the court shall not
23impose a new sentence for the same offense or for a different
24offense based on the same conduct which is more severe than the
25prior sentence less the portion of the prior sentence

 

 

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1previously satisfied unless the more severe sentence is based
2upon conduct on the part of the defendant occurring after the
3original sentencing. If a sentence is vacated on appeal or on
4collateral attack due to the failure of the trier of fact at
5trial to determine beyond a reasonable doubt the existence of a
6fact (other than a prior conviction) necessary to increase the
7punishment for the offense beyond the statutory maximum
8otherwise applicable, either the defendant may be re-sentenced
9to a term within the range otherwise provided or, if the State
10files notice of its intention to again seek the extended
11sentence, the defendant shall be afforded a new trial.
12    (b) If a conviction or sentence has been set aside on
13direct review or on collateral attack and the court determines
14by clear and convincing evidence that the defendant was
15factually innocent of the charge, the court shall enter an
16order expunging the record of arrest from the official records
17of the arresting authority and order that the records of the
18clerk of the circuit court and Department of State Police be
19sealed until further order of the court upon good cause shown
20or as otherwise provided herein, and the name of the defendant
21obliterated from the official index requested to be kept by the
22circuit court clerk under Section 16 of the Clerks of Courts
23Act in connection with the arrest and conviction for the
24offense but the order shall not affect any index issued by the
25circuit court clerk before the entry of the order. The court
26shall enter the expungement order regardless of whether the

 

 

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1defendant has prior criminal convictions.
2    All records sealed by the Department of State Police may be
3disseminated by the Department only as required by law or to
4the arresting authority, the State's Attorney, the court upon a
5later arrest for the same or similar offense, or for the
6purpose of sentencing for any subsequent felony. Upon
7conviction for any subsequent offense, the Department of
8Corrections shall have access to all sealed records of the
9Department pertaining to that individual.
10    Upon entry of the order of expungement, the clerk of the
11circuit court shall promptly mail a copy of the order to the
12person whose records were expunged and sealed.
13    (c) If a conviction has been vacated as a result of a claim
14of actual innocence based on newly discovered evidence made
15under Section 122-1 of the Code of Criminal Procedure of 1963
16or Section 2-1401 of the Code of Civil Procedure, and the
17provisions of paragraphs (1) and (2) of subsection (g) of
18Section 2-702 of the Code of Civil Procedure are otherwise
19satisfied, the court shall enter an order for a certificate of
20innocence and an order expunging the conviction for which the
21petitioner has been determined to be innocent as provided in
22subsection (h) of Section 2-702 of the Code of Civil Procedure.
23(Source: P.A. 98-133, eff. 1-1-14.)
 
24    (730 ILCS 5/5-8-2 rep.)
25    Section 20. The Unified Code of Corrections is amended by

 

 

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1repealing Section 5-8-2.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.