101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5394

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Securing All Futures for Equitable Reinvestment in Communities Act. Provides legislative intent. Creates the Securing All Futures for Equitable Reinvestment Tax Credit Pilot Program Act. Provides that an applicant that hires certain formerly incarcerated individuals during the incentive period may apply for a tax credit against the applicant's withholding tax liability. Provides that the savings from the changes made to the Unified Code of Corrections shall be deposited into the Securing All Futures for Equitable Reinvestment (SAFER) Communities Fund for the purpose of funding the program. Amends the Unified Code of Corrections to reduce the sentencing ranges for all classes of felonies, and to remove minimum sentences for Class 4 felonies and Class A and Class B misdemeanors. Provides that the provisions of the Act apply to offenses committed before the effective date of this Act, and to offenses committed on or after the effective date of this amendatory Act. Provides for resentencing of currently incarcerated persons based on these changes. Effective immediately.


LRB101 18551 RLC 68005 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5394LRB101 18551 RLC 68005 b

1    AN ACT concerning the reentry into society of formerly
2incarcerated persons.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5
ARTICLE 1. SHORT TITLE; INTENT

 
6    Section 1-1. Short title. This Act may be cited as the
7Securing All Futures for Equitable Reinvestment in Communities
8Act.
 
9    Section 1-2. Intent. The intent of the Securing All Futures
10for Equitable Reinvestment in Communities Act is to facilitate
11the reentry into society of formerly incarcerated individuals
12by restructuring criminal sentencing requirements to lower
13incarceration numbers and repurposing those savings to create
14financial incentives, in the form of tax credits, for employers
15who hire individuals with criminal convictions.
 
16
ARTICLE 5. SECURING ALL FUTURES FOR EQUITABLE REINVESTMENT IN
17
COMMUNITIES TAX CREDIT PILOT PROGRAM

 
18    Section 5-1. Short title. This Act may be cited as the
19Securing All Futures for Equitable Reinvestment in Communities
20Tax Credit Pilot Program Act. References in this Article to

 

 

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1"this Act" means this Article.
 
2    Section 5-5. Findings and purpose. In order to reverse the
3trend of high unemployment and to help spur the economy to
4recovery, it is necessary to assist individuals in accessing
5family supporting, full-time work.
 
6    Section 5-10. Definitions. In this Act:
7    "Applicant" means a person that is operating a business
8located within this State that:
9        (1) is engaged in interstate or intrastate commerce;
10    and
11        (2) hires a participant for a position under union
12    contract or for a position that offers a basic wage and
13    benefits package as compensation. In the case of any person
14    that is a member of a unitary business group within the
15    meaning of paragraph (27) in subsection (a) of Section 1501
16    of the Illinois Income Tax Act, "applicant" refers to the
17    unitary business group.
18    "Basic wage" means a minimum of $20 per hour as
19compensation.
20    "Benefits package" means the new full-time employee's
21benefits outside of the employee's basic wage including:
22        (1) a minimum of 5 days of earned sick time
23        (2) a minimum of 5 days of paid vacation; and
24        (3) eligibility for health insurance.

 

 

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1    "Benefits package" means the participant's benefits
2outside of the participant's basic wage including earned sick
3time, paid vacation, and health insurance.
4    "Certificate" means the tax credit certificate issued by
5the Department under Section 5-45 of this Act.
6    "Certificate of eligibility" means the certificate issued
7by the Department under Section 5-25 of this Act.
8    "Credit" means the amount awarded by the Department to an
9applicant by issuance of a certificate under Section 5-30 of
10this Act for each participant hired.
11    "Department" means the Department of Employment Security.
12    "Director" means the Director of Employment Security.
13    "Full-time employee" means an individual who has a position
14under union contract or is employed for a basic wage for at
15least 35 hours each week and receives a benefits package as
16compensation.
17    "Incentive period" means the period beginning on July 1 and
18ending on June 30 five years thereafter. The first incentive
19period shall begin on July 1, 2020 and the last incentive
20period shall end on June 30, 2025.
21    "Noncompliance date" means, in the case of an applicant
22that is not complying with the requirements of the provisions
23of this Act, the day following the last date upon which the
24taxpayer was in compliance with the requirements of the
25provisions of this Act, as determined by the Director, pursuant
26to Section 5-55 of this Act.

 

 

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1    "Participant" means a full-time employee who:
2        (1) was unemployed or making less than the basic wage
3    referred to in this Section before being hired by an
4    applicant;
5        (2) was formerly incarcerated between January 1, 2009
6    and December 31, 2019;
7        (3) is registered for the pilot program described in
8    Section 5-20; and
9        (4) is subsequently hired during the incentive period
10    by an applicant for a position under union contract or for
11    a position that offers a basic wage and benefits package as
12    compensation.
13    The term "participant" does not include a person who was
14previously employed in this State by the applicant prior to the
15onset of the incentive period if:
16        (1) the position was under union contract;
17        (2) the position provided a basic wage and benefits
18    package as compensation; or
19        (3) the participant is a related member of the
20    applicant that has more than 50 total employees.
21    "Professional Employer Organization" (PEO) shall have the
22same meaning as defined in Section 5-5 of the Economic
23Development for a Growing Economy Tax Credit Act. As used in
24this Section, "Professional Employer Organization" does not
25include a day and temporary labor service agency regulated
26under the Day and Temporary Labor Services Act.
 

 

 

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1    Section 5-15. Powers of the Department. The Department, in
2addition to those powers granted under the Civil Administrative
3Code of Illinois, is granted and shall have all the powers
4necessary or convenient to carry out and effectuate the
5purposes and provisions of this Act, including, but not limited
6to, power and authority to:
7        (1) promulgate procedures, rules, or regulations
8    deemed necessary and appropriate for the administration of
9    this Act; establish forms for applications, notifications,
10    contracts, or any other agreements; and accept
11    applications at any time during the year and require that
12    all applications be submitted via the Internet. The
13    Department shall require that applications be submitted in
14    electronic form;
15        (2) provide guidance and assistance to an applicant
16    pursuant to the provisions of this Act, and cooperate with
17    applicants to promote, foster, and support job creation
18    within the State;
19        (3) enter into agreements and memoranda of
20    understanding for participation of and engage in
21    cooperation with agencies of the federal government, units
22    of local government, universities, research foundations or
23    institutions, regional economic development corporations,
24    or other organizations for the purposes of this Act;
25        (4) gather information and conduct inquiries, in the

 

 

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1    manner and by the methods it deems desirable, including,
2    but not limited to, gathering information with respect to
3    applicants for the purpose of making any designations or
4    certifications necessary or desirable or to gather
5    information in furtherance of the purposes of this Act;
6        (5) establish, negotiate, and effectuate any term,
7    agreement, or other document with any person necessary or
8    appropriate to accomplish the purposes of this Act; and
9    consent, subject to the provisions of any agreement with
10    another party, to the modification or restructuring of any
11    agreement to which the Department is a party;
12        (6) provide for sufficient personnel to permit
13    administration, staffing, operation, and related support
14    required to adequately discharge its duties and
15    responsibilities described in this Act from funds made
16    available through charges to applicants or from funds as
17    may be appropriated by the General Assembly for the
18    administration of this Act;
19        (7) require applicants, upon written request, to issue
20    any necessary authorization to the appropriate federal,
21    State, or local authority or any other person for the
22    release to the Department of information requested by the
23    Department, with the information requested to include, but
24    not limited to, financial reports, returns, or records
25    relating to the applicant or to the amount of credit
26    allowable under this Act;

 

 

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1        (8) require that an applicant shall, at all times, keep
2    proper books of record and account in accordance with
3    generally accepted accounting principles consistently
4    applied with the books, records, or papers related to the
5    agreement in the custody or control of the applicant open
6    for reasonable Department inspection and audits, and
7    including, but not limited to, the making of copies of the
8    books, records, or papers; and
9        (9) take whatever actions are necessary or appropriate
10    to protect the State's interest in the event of bankruptcy,
11    default, foreclosure, or noncompliance with the terms and
12    conditions of financial assistance or participation
13    required under this Act, including the power to sell,
14    dispose of, lease, or rent, upon terms and conditions
15    determined by the Director to be appropriate, real or
16    personal property that the Department may recover as a
17    result of these actions.
 
18    Section 5-20. Pilot Program.
19    (a) The tax credit shall only apply to up to 20,000
20participants for the duration of the incentive period. A
21maximum of 10,000 participants shall be newly released from
22prison. A maximum of 10,000 participants shall be released from
23prison between January 1, 2009 and December 31, 2019.
24    (b) The Department shall maintain a database of all
25participants for the duration of the incentive period.

 

 

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1        (1) Eligible individuals shall register as
2    participants with the Department by May 31, 2020.
3        (2) The Department shall verify individuals'
4    eligibility to participate in the program by checking their
5    employment and incarceration history.
6        (3) The Department shall mail a written letter
7    containing a denial or confirmation of the individual's
8    eligibility to participate in the program to the primary
9    address of the individual.
10            (A) The denial letter shall state the reason why
11        the individual is being denied.
12            (B) The confirmation letter shall state the
13        identifying number assigned to the individual.
14    (c) The Department shall maintain a record of the
15participants and the corresponding applicant.
16        (1) Each applicant shall, on a quarterly basis starting
17    from receipt of the certificate of eligibility for the tax
18    credit, submit an annual report of employment of
19    participants to remain in good standing to receive the tax
20    credit.
21        (2) The reports shall be submitted in the form and
22    manner required by the Department.
 
23    Section 5-25. Certificate of eligibility for tax credit.
24    (a) An applicant that hires a participant during the
25incentive period may apply for a certificate of eligibility for

 

 

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1the credit with respect to that position on or after the date
2of hire of the participant. The date of hire shall be the first
3day on which the participant begins providing services under a
4union contract or for a basic wage and benefits package as
5compensation.
6    (b) An applicant may apply for a certificate of eligibility
7for the credit for more than one participant on or after the
8date of hire of each qualifying participant.
9    (c) After receipt of an application under this Section, the
10Department shall issue a certificate of eligibility to the
11applicant, stating:
12        (1) the date and time on which the application was
13    received by the Department and an identifying number
14    assigned to the applicant by the Department;
15        (2) the maximum amount of the credit the applicant
16    could potentially receive under this Act with respect to
17    the new employees listed on the application; and
18        (3) the maximum amount of the credit potentially
19    allowable on certificates of eligibility issued for
20    applications received prior to the application for which
21    the certificate of eligibility is issued.
22    (d) After the initial certificate of eligibility, the
23applicant must submit a quarterly report of employment of all
24participants to the Department. The Department shall review the
25report and issue an annual certificate of eligibility by April
2615 of each taxable year to the applicant.
 

 

 

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1    Section 5-30. Tax credit.
2    (a) Subject to the conditions set forth in this Act, an
3applicant is entitled to a credit against payment of taxes
4withheld under Section 704A of the Illinois Income Tax Act for
5participants as described in Section 5-20.
6    (b) The credit shall be allowed as a credit to an applicant
7for each participant hired during the incentive period that
8results in a net increase in full-time Illinois employees,
9where the net increase in the employer's full-time Illinois
10employees is maintained for at least 24 months.
11    (c) The Department shall make credit awards under this Act
12to further job creation.
13    (d) The credit shall be claimed for the second calendar
14year ending on or after the date on which the certificate is
15issued by the Department and each year thereafter during the
16incentive period as long as the participant's employment with
17the applicant is maintained.
18    (e) The credit shall not be less than $10,000 and shall not
19exceed $15,000 each year per participant hired.
20    (f) The net increase in full-time Illinois employees,
21measured on an annual full-time equivalent basis, shall be the
22total number of full-time Illinois employees of the applicant
23on the final day of the incentive period, minus the number of
24full-time Illinois employees employed by the employer on the
25first day of that same incentive period. For purposes of the

 

 

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1calculation, an employer that begins doing business in this
2State during the incentive period, as determined by the
3Director, shall be treated as having zero Illinois employees on
4the first day of the incentive period.
5    (g) The net increase in the number of full-time Illinois
6employees of the applicant under subsection (e) must be
7sustained continuously for at least 24 months, starting with
8the date of hire of a participant during the incentive period.
9    (h) The Department shall promulgate rules to enable an
10applicant for which a PEO has been contracted to issue W-2s and
11make payment of taxes withheld under Section 704A of the
12Illinois Income Tax Act for new employees to retain the benefit
13of tax credits to which the applicant is otherwise entitled
14under this Act.
 
15    Section 5-35. Determination of Amount of the Credit. In
16determining the amount of the credit that should be awarded,
17the Department shall take into consideration the following
18factors:
19        (1) the type of service provided;
20        (2) the skill-level, education and expertise required
21    to provide the service;
22        (3) the benefits package offered by the applicant;
23        (4) the amount of training provided by the applicant;
24    and
25        (5) opportunities for wage increases and promotions.
 

 

 

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1    Section 5-40. Maximum amount of credits allowed. To the
2extent authorized by Section 5-30 of this Act, for taxable
3years beginning on or after January 1, 2020 and December 31,
42025, the Department shall limit the monetary amount of credits
5awarded under this Act to no more than $1,500,000,000. If
6applications for a greater amount are received, credits shall
7be allowed on a first-come-first-served basis, based on the
8date on which each properly completed application for a
9certificate of eligibility is received by the Department. If
10more than one certificate of eligibility is received on the
11same day, the credits will be awarded based on the time of
12submission for that particular day.
 
13    Section 5-45. Application for award of tax credit; tax
14credit certificate.
15    (a) On or after the conclusion of the 24-month period after
16a participant has been hired, an applicant shall file with the
17Department an application for award of a credit. The
18application shall include the following:
19        (1) the names, social security numbers, job
20    descriptions, salary or wage rates, and dates of hire of
21    the participants with respect to whom the credit is being
22    requested, and whether each participant is registered in
23    the pilot program described in Section 5-20;
24        (2) a certification that each participant listed has

 

 

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1    been retained on the job for 24 months from the date of
2    hire;
3        (3) the number of participants hired by the applicant
4    during the incentive period;
5        (4) the net increase in the number of full-time
6    Illinois employees of the applicant, including the
7    participants listed in the request, between the beginning
8    of the incentive period and the dates on which the
9    participants listed in the request were hired;
10        (5) an agreement that the Director is authorized to
11    verify with the appropriate State agencies the information
12    contained in the request before issuing a certificate to
13    the applicant; and
14        (6) any other information the Department determines to
15    be appropriate.
16    (b) Although an application may be filed at any time after
17the conclusion of the 24-month period, an application filed
18more than 90 days after the earliest date on which it could
19have been filed shall not be awarded any credit if, prior to
20the date it is filed, the Department has received applications
21under this Section for credits totaling more than
22$1,500,000,000.
23    (c) The Department shall issue a certificate to each
24applicant awarded a credit under this Act. The certificate
25shall include the following:
26        (1) the name and taxpayer identification number of the

 

 

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1    applicant;
2        (2) the date on which the certificate is issued;
3        (3) the credit amount that will be allowed; and
4        (4) any other information the Department determines to
5    be appropriate.
 
6    Section 5-50. Submission of tax credit certificate to
7Department of Revenue. An applicant claiming a credit under
8this Act shall submit to the Department of Revenue a copy of
9each certificate issued under Section 5-45 of this Act with the
10first return for which the credit shown on the certificate is
11claimed. Failure to submit a copy of the certificate with the
12applicant's return shall not invalidate a claim for a credit.
 
13    Section 5-55. Noncompliance.
14    (a) If the Director determines that an applicant who has
15received a credit under this Act is not complying with the
16requirements of the provisions of this Act, the Director shall
17provide notice to the applicant of the alleged noncompliance,
18and allow the applicant a hearing under the provisions of the
19Illinois Administrative Procedure Act.
20    (b) If, after such notice and any hearing, the Director
21determines that noncompliance exists, the Director shall issue
22to the Department of Revenue notice to that effect stating the
23noncompliance date.
24    (c) The Director shall not find that noncompliance exists

 

 

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1under the following circumstances:
2        (1) The participant terminated employment on their own
3    volition.
4        (2) The applicant terminated the participant's
5    employment after the probationary period for misconduct
6    such as:
7            (A) Falsification of employment application;
8            (B) Failure to maintain the license needed for the
9        job;
10            (C) Violating the attendance policy of the
11        applicant;
12            (D) Damaging the applicant's property through
13        conduct that is grossly negligent;
14            (E) Refusal to obey the applicant's reasonable and
15        lawful instruction, unless refusal is due to the lack
16        of ability, skills, or training for the individual
17        required to perform the instruction;
18            (F) Knowingly consuming alcohol or illegal or
19        non-prescribed prescription drugs or using an
20        impairing substance in an off-label manner on the
21        applicant's premises during work hours;
22            (G) Reporting to work under the influence of
23        alcohol, illegal or non-prescribed prescription drugs
24        in violation of the applicant's policies; and
25            (H) The participant's grossly negligent conduct
26        endangering the safety of the participant or

 

 

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1        co-workers.
 
2    Section 5-60. Rules.
3    The Department may adopt rules necessary to implement this
4Act. The rules may provide for recipients of credits under this
5Act to be charged fees to cover administrative costs of the tax
6credit program.
 
7    Section 5-65. Savings from sentencing reform.
8    (a) On or before July 31, 2021, and on or before July 31 of
9each fiscal year thereafter, the Illinois Sentencing Policy
10Advisory Council shall calculate the savings that accrued to
11the State during the fiscal year ending June 30, 2021, as
12compared to the fiscal year ending June 30, 2020, due to
13changes made by this amendatory Act of the 101st General
14Assembly to the Unified Code of Corrections under Article 10 of
15this amendatory Act of the 101st General Assembly. The savings
16calculation shall be solely based on:
17        (1) the number of persons incarcerated in a Department
18    of Corrections facility during the fiscal year ending June
19    30, 2020 whose sentences were affected by Article 10 of
20    this amendatory Act of the 101st General Assembly;    
21        (2) the average length of stay in Department of
22    Corrections facilities for these offenses prior to the
23    changes made by Article 10 of this amendatory Act of the
24    101st General Assembly;

 

 

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1        (3) the marginal cost per inmate per year; and
2        (4) any reduction in fixed costs, overhead costs, or
3    administrative costs due to the closing of a Department of
4    Corrections facility, or portion of a Department of
5    Corrections facility, as a result of Article 10 of this
6    amendatory Act of the 101st General Assembly.
7    In making the calculations required by this subsection (a),
8the Illinois Sentencing Policy Advisory Council shall use
9actual data or best available estimates where actual data is
10not available. The calculations shall be final and shall not be
11adjusted for any subsequent changes in the underlying data. The
12State Comptroller shall certify the results of the calculation
13no later than August 15 of each fiscal year.
14    (b) On or before August 31, 2021, and before August 31 of
15each fiscal year thereafter, the Comptroller shall transfer
16from the General Revenue Fund to the Securing All Futures for
17Equitable Reinvestment in Communities Fund the total savings
18calculated under subsection (a).
19    (c) Funds in the Securing All Futures for Equitable
20Reinvestment in Communities Fund shall be continuously
21appropriated for the purposes of this Act.
 
22    Section 5-900. The Illinois Income Tax Act is amended by
23changing Section 704A as follows:
 
24    (35 ILCS 5/704A)

 

 

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1    Sec. 704A. Employer's return and payment of tax withheld.
2    (a) In general, every employer who deducts and withholds or
3is required to deduct and withhold tax under this Act on or
4after January 1, 2008 shall make those payments and returns as
5provided in this Section.
6    (b) Returns. Every employer shall, in the form and manner
7required by the Department, make returns with respect to taxes
8withheld or required to be withheld under this Article 7 for
9each quarter beginning on or after January 1, 2008, on or
10before the last day of the first month following the close of
11that quarter.
12    (c) Payments. With respect to amounts withheld or required
13to be withheld on or after January 1, 2008:
14        (1) Semi-weekly payments. For each calendar year, each
15    employer who withheld or was required to withhold more than
16    $12,000 during the one-year period ending on June 30 of the
17    immediately preceding calendar year, payment must be made:
18            (A) on or before each Friday of the calendar year,
19        for taxes withheld or required to be withheld on the
20        immediately preceding Saturday, Sunday, Monday, or
21        Tuesday;
22            (B) on or before each Wednesday of the calendar
23        year, for taxes withheld or required to be withheld on
24        the immediately preceding Wednesday, Thursday, or
25        Friday.
26        Beginning with calendar year 2011, payments made under

 

 

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1    this paragraph (1) of subsection (c) must be made by
2    electronic funds transfer.
3        (2) Semi-weekly payments. Any employer who withholds
4    or is required to withhold more than $12,000 in any quarter
5    of a calendar year is required to make payments on the
6    dates set forth under item (1) of this subsection (c) for
7    each remaining quarter of that calendar year and for the
8    subsequent calendar year.
9        (3) Monthly payments. Each employer, other than an
10    employer described in items (1) or (2) of this subsection,
11    shall pay to the Department, on or before the 15th day of
12    each month the taxes withheld or required to be withheld
13    during the immediately preceding month.
14        (4) Payments with returns. Each employer shall pay to
15    the Department, on or before the due date for each return
16    required to be filed under this Section, any tax withheld
17    or required to be withheld during the period for which the
18    return is due and not previously paid to the Department.
19    (d) Regulatory authority. The Department may, by rule:
20        (1) Permit employers, in lieu of the requirements of
21    subsections (b) and (c), to file annual returns due on or
22    before January 31 of the year for taxes withheld or
23    required to be withheld during the previous calendar year
24    and, if the aggregate amounts required to be withheld by
25    the employer under this Article 7 (other than amounts
26    required to be withheld under Section 709.5) do not exceed

 

 

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1    $1,000 for the previous calendar year, to pay the taxes
2    required to be shown on each such return no later than the
3    due date for such return.
4        (2) Provide that any payment required to be made under
5    subsection (c)(1) or (c)(2) is deemed to be timely to the
6    extent paid by electronic funds transfer on or before the
7    due date for deposit of federal income taxes withheld from,
8    or federal employment taxes due with respect to, the wages
9    from which the Illinois taxes were withheld.
10        (3) Designate one or more depositories to which payment
11    of taxes required to be withheld under this Article 7 must
12    be paid by some or all employers.
13        (4) Increase the threshold dollar amounts at which
14    employers are required to make semi-weekly payments under
15    subsection (c)(1) or (c)(2).
16    (e) Annual return and payment. Every employer who deducts
17and withholds or is required to deduct and withhold tax from a
18person engaged in domestic service employment, as that term is
19defined in Section 3510 of the Internal Revenue Code, may
20comply with the requirements of this Section with respect to
21such employees by filing an annual return and paying the taxes
22required to be deducted and withheld on or before the 15th day
23of the fourth month following the close of the employer's
24taxable year. The Department may allow the employer's return to
25be submitted with the employer's individual income tax return
26or to be submitted with a return due from the employer under

 

 

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1Section 1400.2 of the Unemployment Insurance Act.
2    (f) Magnetic media and electronic filing. With respect to
3taxes withheld in calendar years prior to 2017, any W-2 Form
4that, under the Internal Revenue Code and regulations
5promulgated thereunder, is required to be submitted to the
6Internal Revenue Service on magnetic media or electronically
7must also be submitted to the Department on magnetic media or
8electronically for Illinois purposes, if required by the
9Department.
10    With respect to taxes withheld in 2017 and subsequent
11calendar years, the Department may, by rule, require that any
12return (including any amended return) under this Section and
13any W-2 Form that is required to be submitted to the Department
14must be submitted on magnetic media or electronically.
15    The due date for submitting W-2 Forms shall be as
16prescribed by the Department by rule.
17    (g) For amounts deducted or withheld after December 31,
182009, a taxpayer who makes an election under subsection (f) of
19Section 5-15 of the Economic Development for a Growing Economy
20Tax Credit Act for a taxable year shall be allowed a credit
21against payments due under this Section for amounts withheld
22during the first calendar year beginning after the end of that
23taxable year equal to the amount of the credit for the
24incremental income tax attributable to full-time employees of
25the taxpayer awarded to the taxpayer by the Department of
26Commerce and Economic Opportunity under the Economic

 

 

HB5394- 22 -LRB101 18551 RLC 68005 b

1Development for a Growing Economy Tax Credit Act for the
2taxable year and credits not previously claimed and allowed to
3be carried forward under Section 211(4) of this Act as provided
4in subsection (f) of Section 5-15 of the Economic Development
5for a Growing Economy Tax Credit Act. The credit or credits may
6not reduce the taxpayer's obligation for any payment due under
7this Section to less than zero. If the amount of the credit or
8credits exceeds the total payments due under this Section with
9respect to amounts withheld during the calendar year, the
10excess may be carried forward and applied against the
11taxpayer's liability under this Section in the succeeding
12calendar years as allowed to be carried forward under paragraph
13(4) of Section 211 of this Act. The credit or credits shall be
14applied to the earliest year for which there is a tax
15liability. If there are credits from more than one taxable year
16that are available to offset a liability, the earlier credit
17shall be applied first. Each employer who deducts and withholds
18or is required to deduct and withhold tax under this Act and
19who retains income tax withholdings under subsection (f) of
20Section 5-15 of the Economic Development for a Growing Economy
21Tax Credit Act must make a return with respect to such taxes
22and retained amounts in the form and manner that the
23Department, by rule, requires and pay to the Department or to a
24depositary designated by the Department those withheld taxes
25not retained by the taxpayer. For purposes of this subsection
26(g), the term taxpayer shall include taxpayer and members of

 

 

HB5394- 23 -LRB101 18551 RLC 68005 b

1the taxpayer's unitary business group as defined under
2paragraph (27) of subsection (a) of Section 1501 of this Act.
3This Section is exempt from the provisions of Section 250 of
4this Act. No credit awarded under the Economic Development for
5a Growing Economy Tax Credit Act for agreements entered into on
6or after January 1, 2015 may be credited against payments due
7under this Section.
8    (h) An employer may claim a credit against payments due
9under this Section for amounts withheld during the first
10calendar year ending after the date on which a tax credit
11certificate was issued under Section 35 of the Small Business
12Job Creation Tax Credit Act. The credit shall be equal to the
13amount shown on the certificate, but may not reduce the
14taxpayer's obligation for any payment due under this Section to
15less than zero. If the amount of the credit exceeds the total
16payments due under this Section with respect to amounts
17withheld during the calendar year, the excess may be carried
18forward and applied against the taxpayer's liability under this
19Section in the 5 succeeding calendar years. The credit shall be
20applied to the earliest year for which there is a tax
21liability. If there are credits from more than one calendar
22year that are available to offset a liability, the earlier
23credit shall be applied first. This Section is exempt from the
24provisions of Section 250 of this Act.
25    (i) Each employer with 50 or fewer full-time equivalent
26employees during the reporting period may claim a credit

 

 

HB5394- 24 -LRB101 18551 RLC 68005 b

1against the payments due under this Section for each qualified
2employee in an amount equal to the maximum credit allowable.
3The credit may be taken against payments due for reporting
4periods that begin on or after January 1, 2020, and end on or
5before December 31, 2027. An employer may not claim a credit
6for an employee who has worked fewer than 90 consecutive days
7immediately preceding the reporting period; however, such
8credits may accrue during that 90-day period and be claimed
9against payments under this Section for future reporting
10periods after the employee has worked for the employer at least
1190 consecutive days. In no event may the credit exceed the
12employer's liability for the reporting period. Each employer
13who deducts and withholds or is required to deduct and withhold
14tax under this Act and who retains income tax withholdings
15under this subsection must make a return with respect to such
16taxes and retained amounts in the form and manner that the
17Department, by rule, requires and pay to the Department or to a
18depositary designated by the Department those withheld taxes
19not retained by the employer.
20    For each reporting period, the employer may not claim a
21credit or credits for more employees than the number of
22employees making less than the minimum or reduced wage for the
23current calendar year during the last reporting period of the
24preceding calendar year. Notwithstanding any other provision
25of this subsection, an employer shall not be eligible for
26credits for a reporting period unless the average wage paid by

 

 

HB5394- 25 -LRB101 18551 RLC 68005 b

1the employer per employee for all employees making less than
2$55,000 during the reporting period is greater than the average
3wage paid by the employer per employee for all employees making
4less than $55,000 during the same reporting period of the prior
5calendar year.
6    For purposes of this subsection (i):
7    "Compensation paid in Illinois" has the meaning ascribed to
8that term under Section 304(a)(2)(B) of this Act.
9    "Employer" and "employee" have the meaning ascribed to
10those terms in the Minimum Wage Law, except that "employee"
11also includes employees who work for an employer with fewer
12than 4 employees. Employers that operate more than one
13establishment pursuant to a franchise agreement or that
14constitute members of a unitary business group shall aggregate
15their employees for purposes of determining eligibility for the
16credit.
17    "Full-time equivalent employees" means the ratio of the
18number of paid hours during the reporting period and the number
19of working hours in that period.
20    "Maximum credit" means the percentage listed below of the
21difference between the amount of compensation paid in Illinois
22to employees who are paid not more than the required minimum
23wage reduced by the amount of compensation paid in Illinois to
24employees who were paid less than the current required minimum
25wage during the reporting period prior to each increase in the
26required minimum wage on January 1. If an employer pays an

 

 

HB5394- 26 -LRB101 18551 RLC 68005 b

1employee more than the required minimum wage and that employee
2previously earned less than the required minimum wage, the
3employer may include the portion that does not exceed the
4required minimum wage as compensation paid in Illinois to
5employees who are paid not more than the required minimum wage.
6        (1) 25% for reporting periods beginning on or after
7    January 1, 2020 and ending on or before December 31, 2020;
8        (2) 21% for reporting periods beginning on or after
9    January 1, 2021 and ending on or before December 31, 2021;
10        (3) 17% for reporting periods beginning on or after
11    January 1, 2022 and ending on or before December 31, 2022;
12        (4) 13% for reporting periods beginning on or after
13    January 1, 2023 and ending on or before December 31, 2023;
14        (5) 9% for reporting periods beginning on or after
15    January 1, 2024 and ending on or before December 31, 2024;
16        (6) 5% for reporting periods beginning on or after
17    January 1, 2025 and ending on or before December 31, 2025.
18    The amount computed under this subsection may continue to
19be claimed for reporting periods beginning on or after January
201, 2026 and:
21        (A) ending on or before December 31, 2026 for employers
22    with more than 5 employees; or
23        (B) ending on or before December 31, 2027 for employers
24    with no more than 5 employees.
25    "Qualified employee" means an employee who is paid not more
26than the required minimum wage and has an average wage paid per

 

 

HB5394- 27 -LRB101 18551 RLC 68005 b

1hour by the employer during the reporting period equal to or
2greater than his or her average wage paid per hour by the
3employer during each reporting period for the immediately
4preceding 12 months. A new qualified employee is deemed to have
5earned the required minimum wage in the preceding reporting
6period.
7    "Reporting period" means the quarter for which a return is
8required to be filed under subsection (b) of this Section.
9    Each employer who qualifies for a credit under the Securing
10All Futures for Equitable Reinvestment in Communities Tax
11Credit Pilot Program Act may claim a credit against the
12payments due under this Section as provided in that Act.
13(Source: P.A. 100-303, eff. 8-24-17; 100-511, eff. 9-18-17;
14100-863, eff. 8-14-18; 101-1, eff. 2-19-19.)
 
15    Section 5-905. The State Finance Act is amended by adding
16Section 5.930 as follows:
 
17    (30 ILCS 105/5.930 new)
18    Sec. 5.930. The Securing All Futures for Equitable
19Reinvestment in Communities Fund.
 
20
ARTICLE 10. SENTENCING REFORM

 
21    Section 10-50. The Unified Code of Corrections is amended
22by changing Sections 5-4.5-25, 5-4.5-30, 5-4.5-35, 5-4.5-40,

 

 

HB5394- 28 -LRB101 18551 RLC 68005 b

15-4.5-45, 5-4.5-50, 5-4.5-85, and 5-4.5-95 and by adding
2Section 5-4.5-120 as follows:
 
3    (730 ILCS 5/5-4.5-25)
4    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
5felony:
6    (a) TERM. The sentence of imprisonment shall be a
7determinate sentence, subject to Section 5-4.5-115 of this
8Code, of not less than 4 years and not more than 15 years 6
9years and not more than 30 years. The sentence of imprisonment
10for an extended term Class X felony, as provided in Section
115-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this
12Code, shall be not less than 30 years and not more than 60
13years.
14    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
15shall not be imposed.
16    (c) IMPACT INCARCERATION. The impact incarceration program
17or the county impact incarceration program is not an authorized
18disposition.
19    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
20probation or conditional discharge may shall not be imposed.
21    (e) FINE. Fines may be imposed as provided in Section
225-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
23    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
24concerning restitution.
25    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall

 

 

HB5394- 29 -LRB101 18551 RLC 68005 b

1be concurrent or consecutive as provided in Section 5-8-4 (730
2ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
3    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
4Act (730 ILCS 166/20) concerning eligibility for a drug court
5program.
6    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
7ILCS 5/5-4.5-100) concerning no credit for time spent in home
8detention prior to judgment.
9    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
10for rules and regulations for sentence credit.
11    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
125-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
13electronic monitoring and home detention.
14    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
15provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
165/5-8-1), the parole or mandatory supervised release term shall
17be 3 years upon release from imprisonment.
18(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
19101-288, eff. 1-1-20.)
 
20    (730 ILCS 5/5-4.5-30)
21    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
22felony:
23    (a) TERM. The sentence of imprisonment, other than for
24second degree murder, shall be a determinate sentence of not
25less than 3 years and not more than 7 years 4 years and not more

 

 

HB5394- 30 -LRB101 18551 RLC 68005 b

1than 15 years, subject to Section 5-4.5-115 of this Code. The
2sentence of imprisonment for second degree murder shall be a
3determinate sentence of not less than 3 years and not more than
415 years 4 years and not more than 20 years, subject to Section
55-4.5-115 of this Code. The sentence of imprisonment for an
6extended term Class 1 felony, as provided in Section 5-8-2 (730
7ILCS 5/5-8-2), subject to Section 5-4.5-115 of this Code, shall
8be a term not less than 15 years and not more than 30 years.
9    (b) PERIODIC IMPRISONMENT. A sentence of periodic
10imprisonment shall be for a definite term of from 3 to 4 years,
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 4
20years. The court shall specify the conditions of probation or
21conditional discharge as set forth in Section 5-6-3 (730 ILCS
225/5-6-3). In no case shall an offender be eligible for a
23disposition of probation or conditional discharge for a Class 1
24felony committed while he or she was serving a term of
25probation or conditional discharge for a felony.
26    (e) FINE. Fines may be imposed as provided in Section

 

 

HB5394- 31 -LRB101 18551 RLC 68005 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 credit for time spent in home
12detention prior to judgment.
13    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
14ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
15(730 ILCS 130/) for rules and regulations for sentence credit.
16    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
175-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
18electronic monitoring and home detention.
19    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
20provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
215/5-8-1), the parole or mandatory supervised release term shall
22be 2 years upon release from imprisonment.
23(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
24101-288, eff. 1-1-20.)
 
25    (730 ILCS 5/5-4.5-35)

 

 

HB5394- 32 -LRB101 18551 RLC 68005 b

1    Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2
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 3 years and not more than 7 years. The sentence of
6imprisonment for an extended term Class 2 felony, as provided
7in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less
8than 7 years and not more than 14 years.
9    (b) PERIODIC IMPRISONMENT. A sentence of periodic
10imprisonment shall be for a definite term of from 18 to 30
11months, except as otherwise provided in Section 5-5-3 or 5-7-1
12(730 ILCS 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 4
20years. The court shall specify the conditions of probation or
21conditional discharge as set forth in Section 5-6-3 (730 ILCS
225/5-6-3).
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.

 

 

HB5394- 33 -LRB101 18551 RLC 68005 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 2 years upon release from imprisonment.
20(Source: P.A. 100-431, eff. 8-25-17.)
 
21    (730 ILCS 5/5-4.5-40)
22    Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3
23felony:
24    (a) TERM. The sentence of imprisonment shall be a
25determinate sentence of not less than 1 years and not more than

 

 

HB5394- 34 -LRB101 18551 RLC 68005 b

14 years 2 years and not more than 5 years. The sentence of
2imprisonment for an extended term Class 3 felony, as provided
3in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less
4than 5 years and not more than 10 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

 

 

HB5394- 35 -LRB101 18551 RLC 68005 b

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 5/5-4.5-45)
18    Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4
19felony:
20    (a) TERM. The sentence of imprisonment shall be a
21determinate sentence of not less than one year and not more
22than 3 years. The sentence of imprisonment for an extended term
23Class 4 felony, as provided in Section 5-8-2 (730 ILCS
245/5-8-2), shall be a term not less than 3 years and not more
25than 6 years.

 

 

HB5394- 36 -LRB101 18551 RLC 68005 b

1    (b) PERIODIC IMPRISONMENT. A sentence of periodic
2imprisonment shall be for a definite term of up to 18 months,
3except as otherwise provided in Section 5-5-3 or 5-7-1 (730
4ILCS 5/5-5-3 or 5/5-7-1).
5    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
6(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
7the impact incarceration program or the county impact
8incarceration program.
9    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
10in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
11period of probation or conditional discharge shall not exceed
1230 months. The court shall specify the conditions of probation
13or conditional discharge as set forth in Section 5-6-3 (730
14ILCS 5/5-6-3).
15    (e) FINE. Fines may be imposed as provided in Section
165-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
17    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
18concerning restitution.
19    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
20be concurrent or consecutive as provided in Section 5-8-4 (730
21ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
22    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
23Act (730 ILCS 166/20) concerning eligibility for a drug court
24program.
25    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
26ILCS 5/5-4.5-100) concerning credit for time spent in home

 

 

HB5394- 37 -LRB101 18551 RLC 68005 b

1detention prior to judgment.
2    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
3ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
4(730 ILCS 130/) for rules and regulations for sentence credit.
5    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
65-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
7electronic monitoring and home detention.
8    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
9provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
105/5-8-1), the parole or mandatory supervised release term shall
11be one year upon release from imprisonment.
12(Source: P.A. 100-431, eff. 8-25-17.)
 
13    (730 ILCS 5/5-4.5-50)
14    Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except
15as otherwise provided, for all felonies:
16    (a) NO SUPERVISION. The court, upon a plea of guilty or a
17stipulation by the defendant of the facts supporting the charge
18or a finding of guilt, may not defer further proceedings and
19the imposition of a sentence and may not enter an order for
20supervision of the defendant.
21    (b) FELONY FINES. Unless otherwise specified by law, the
22minimum fine is $75. An offender may be sentenced to pay a fine
23not to exceed, for each offense, $25,000 or the amount
24specified in the offense, whichever is greater, or if the
25offender is a corporation, $50,000 or the amount specified in

 

 

HB5394- 38 -LRB101 18551 RLC 68005 b

1the offense, whichever is greater. A fine may be imposed in
2addition to a sentence of conditional discharge, probation,
3periodic imprisonment, or imprisonment. See Article 9 of
4Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of
5additional amounts and determination of amounts and payment. If
6the court finds that the fine would impose an undue burden on
7the victim, the court may reduce or waive the fine. The court
8shall consider the offender's financial circumstances and
9ability to pay before and after imprisonment before assessing
10any fine.
11    (c) REASONS FOR SENTENCE STATED. The sentencing judge in
12each felony conviction shall set forth his or her reasons for
13imposing the particular sentence entered in the case, as
14provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may
15include any mitigating or aggravating factors specified in this
16Code, or the lack of any such factors, as well as any other
17mitigating or aggravating factors that the judge sets forth on
18the record that are consistent with the purposes and principles
19of sentencing set out in this Code.
20    (d) MOTION TO REDUCE SENTENCE. A motion to reduce a
21sentence may be made, or the court may reduce a sentence
22without motion, within 30 days after the sentence is imposed. A
23defendant's challenge to the correctness of a sentence or to
24any aspect of the sentencing hearing shall be made by a written
25motion filed with the circuit court clerk within 30 days
26following the imposition of sentence. A motion not filed within

 

 

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1that 30-day period is not timely. The court may not increase a
2sentence once it is imposed. A notice of motion must be filed
3with the motion. The notice of motion shall set the motion on
4the court's calendar on a date certain within a reasonable time
5after the date of filing.
6    If a motion filed pursuant to this subsection is timely
7filed, the proponent of the motion shall exercise due diligence
8in seeking a determination on the motion and the court shall
9thereafter decide the motion within a reasonable time.
10    If a motion filed pursuant to this subsection is timely
11filed, then for purposes of perfecting an appeal, a final
12judgment is not considered to have been entered until the
13motion to reduce the sentence has been decided by order entered
14by the trial court.
15    (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR
16OTHER-STATE SENTENCE. A defendant who has a previous and
17unexpired sentence of imprisonment imposed by another state or
18by any district court of the United States and who, after
19sentence for a crime in Illinois, must return to serve the
20unexpired prior sentence may have his or her sentence by the
21Illinois court ordered to be concurrent with the prior
22other-state or federal sentence. The court may order that any
23time served on the unexpired portion of the other-state or
24federal sentence, prior to his or her return to Illinois, shall
25be credited on his or her Illinois sentence. The appropriate
26official of the other state or the United States shall be

 

 

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1furnished with a copy of the order imposing sentence, which
2shall provide that, when the offender is released from
3other-state or federal confinement, whether by parole or by
4termination of sentence, the offender shall be transferred by
5the Sheriff of the committing Illinois county to the Illinois
6Department of Corrections. The court shall cause the Department
7of Corrections to be notified of the sentence at the time of
8commitment and to be provided with copies of all records
9regarding the sentence.
10    (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A
11defendant who has a previous and unexpired sentence of
12imprisonment imposed by an Illinois circuit court for a crime
13in this State and who is subsequently sentenced to a term of
14imprisonment by another state or by any district court of the
15United States and who has served a term of imprisonment imposed
16by the other state or district court of the United States, and
17must return to serve the unexpired prior sentence imposed by
18the Illinois circuit court, may apply to the Illinois circuit
19court that imposed sentence to have his or her sentence
20reduced.
21    The circuit court may order that any time served on the
22sentence imposed by the other state or district court of the
23United States be credited on his or her Illinois sentence. The
24application for reduction of a sentence under this subsection
25shall be made within 30 days after the defendant has completed
26the sentence imposed by the other state or district court of

 

 

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1the United States.
2    (g) NO REQUIRED BIRTH CONTROL. A court may not impose a
3sentence or disposition that requires the defendant to be
4implanted or injected with or to use any form of birth control.
5(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
 
6    (730 ILCS 5/5-4.5-85)
7    Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE.
8    (a) FELONY. The particular classification of each felony is
9specified in the law defining the felony. Any unclassified
10offense that is declared by law to be a felony or that provides
11a sentence to a term of imprisonment for one year or more is a
12Class 4 felony.
13    (b) MISDEMEANOR. The particular classification of each
14misdemeanor is specified in the law or ordinance defining the
15misdemeanor.
16        (1) Any offense not so classified that provides a
17    sentence to a term of imprisonment of less than one year
18    but in excess of 6 months is a Class A misdemeanor.
19        (2) Any offense not so classified that provides a
20    sentence to a term of imprisonment of 6 months or less but
21    in excess of 30 days is a Class B misdemeanor.
22        (3) Any offense not so classified that provides a
23    sentence to a term of imprisonment of 30 days or less is a
24    Class C misdemeanor.
25    (c) PETTY OR BUSINESS OFFENSE. Any unclassified offense

 

 

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1that does not provide for a sentence of imprisonment is a petty
2offense or a business offense.
3(Source: P.A. 95-1052, eff. 7-1-09.)
 
4    (730 ILCS 5/5-4.5-95)
5    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
6    (a) HABITUAL CRIMINALS.
7        (1) Every person who has been twice convicted in any
8    state or federal court of an offense that contains the same
9    elements as an offense now (the date of the offense
10    committed after the 2 prior convictions) classified in
11    Illinois as a Class X felony, criminal sexual assault,
12    aggravated kidnapping, or first degree murder, and who is
13    thereafter convicted of a Class X felony, criminal sexual
14    assault, or first degree murder, committed after the 2
15    prior convictions, shall be adjudged an habitual criminal.
16        (2) The 2 prior convictions need not have been for the
17    same offense.
18        (3) Any convictions that result from or are connected
19    with the same transaction, or result from offenses
20    committed at the same time, shall be counted for the
21    purposes of this Section as one conviction.
22        (4) This Section does not apply unless each of the
23    following requirements are satisfied:
24            (A) The third offense was committed after July 3,
25        1980.

 

 

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1            (B) The third offense was committed within 20 years
2        of the date that judgment was entered on the first
3        conviction; provided, however, that time spent in
4        custody shall not be counted.
5            (C) The third offense was committed after
6        conviction on the second offense.
7            (D) The second offense was committed after
8        conviction on the first offense.
9        (5) Anyone who, having attained the age of 18 at the
10    time of the third offense, is adjudged an habitual criminal
11    shall be sentenced to a term of natural life imprisonment.
12        (6) A prior conviction shall not be alleged in the
13    indictment, and no evidence or other disclosure of that
14    conviction shall be presented to the court or the jury
15    during the trial of an offense set forth in this Section
16    unless otherwise permitted by the issues properly raised in
17    that trial. After a plea or verdict or finding of guilty
18    and before sentence is imposed, the prosecutor may file
19    with the court a verified written statement signed by the
20    State's Attorney concerning any former conviction of an
21    offense set forth in this Section rendered against the
22    defendant. The court shall then cause the defendant to be
23    brought before it; shall inform the defendant of the
24    allegations of the statement so filed, and of his or her
25    right to a hearing before the court on the issue of that
26    former conviction and of his or her right to counsel at

 

 

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1    that hearing; and unless the defendant admits such
2    conviction, shall hear and determine the issue, and shall
3    make a written finding thereon. If a sentence has
4    previously been imposed, the court may vacate that sentence
5    and impose a new sentence in accordance with this Section.
6        (7) A duly authenticated copy of the record of any
7    alleged former conviction of an offense set forth in this
8    Section shall be prima facie evidence of that former
9    conviction; and a duly authenticated copy of the record of
10    the defendant's final release or discharge from probation
11    granted, or from sentence and parole supervision (if any)
12    imposed pursuant to that former conviction, shall be prima
13    facie evidence of that release or discharge.
14        (8) Any claim that a previous conviction offered by the
15    prosecution is not a former conviction of an offense set
16    forth in this Section because of the existence of any
17    exceptions described in this Section, is waived unless duly
18    raised at the hearing on that conviction, or unless the
19    prosecution's proof shows the existence of the exceptions
20    described in this Section.
21        (9) If the person so convicted shows to the
22    satisfaction of the court before whom that conviction was
23    had that he or she was released from imprisonment, upon
24    either of the sentences upon a pardon granted for the
25    reason that he or she was innocent, that conviction and
26    sentence shall not be considered under this Section.

 

 

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1    (b) (Blank). When a defendant, over the age of 21 years, is
2convicted of a Class 1 or Class 2 felony, except for an offense
3listed in subsection (c) of this Section, after having twice
4been convicted in any state or federal court of an offense that
5contains the same elements as an offense now (the date the
6Class 1 or Class 2 felony was committed) classified in Illinois
7as a Class 2 or greater Class felony, except for an offense
8listed in subsection (c) of this Section, and those charges are
9separately brought and tried and arise out of different series
10of acts, that defendant shall be sentenced as a Class X
11offender. This subsection does not apply unless:
12        (1) the first felony was committed after February 1,
13    1978 (the effective date of Public Act 80-1099);
14        (2) the second felony was committed after conviction on
15    the first; and
16        (3) the third felony was committed after conviction on
17    the second.
18    (c) (Blank). Subsection (b) of this Section does not apply
19to Class 1 or Class 2 felony convictions for a violation of
20Section 16-1 of the Criminal Code of 2012.
21    A person sentenced as a Class X offender under this
22subsection (b) is not eligible to apply for treatment as a
23condition of probation as provided by Section 40-10 of the
24Substance Use Disorder Act (20 ILCS 301/40-10).
25(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759,
26eff. 1-1-19.)
 

 

 

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1    (730 ILCS 5/5-4.5-120 new)
2    Sec. 5-4.5-120. RESENTENCING. The changes made to this
3Article apply offenses committed before the effective date of
4this amendatory Act of the 101st General Assembly, and to
5offenses committed on or after the effective date of this
6amendatory Act. A person currently serving a sentence for a
7conviction, whether by trial or plea, of a felony or felonies
8who would have been guilty of a misdemeanor or lesser felony
9classification under this Act had the Act been in effect at the
10time of the offense may petition the trial court that entered
11the judgment of conviction in his or her case to request
12resentencing in accordance with this Act. A person who is
13resentenced shall be given credit for time served. Under no
14circumstances may resentencing under this Section result in the
15imposition of a term longer than the original sentence.
 
16
ARTICLE 99. EFFECTIVE DATE

 
17    Section 99-99. Effective date. This Act takes effect upon
18becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    35 ILCS 5/704A
5    30 ILCS 105/5.930 new
6    730 ILCS 5/5-4.5-25
7    730 ILCS 5/5-4.5-30
8    730 ILCS 5/5-4.5-35
9    730 ILCS 5/5-4.5-40
10    730 ILCS 5/5-4.5-45
11    730 ILCS 5/5-4.5-50
12    730 ILCS 5/5-4.5-85
13    730 ILCS 5/5-4.5-95
14    730 ILCS 5/5-4.5-120 new