Sen. Chapin Rose

Filed: 4/5/2019

 

 


 

 


 
10100SB0902sam001LRB101 06314 SLF 59360 a

1
AMENDMENT TO SENATE BILL 902

2    AMENDMENT NO. ______. Amend Senate Bill 902 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 24-3 as follows:
 
6    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
7    Sec. 24-3. Unlawful sale or delivery of firearms.
8    (A) A person commits the offense of unlawful sale or
9delivery of firearms when he or she knowingly does any of the
10following:
11        (a) Sells or gives any firearm of a size which may be
12    concealed upon the person to any person under 18 years of
13    age.
14        (b) Sells or gives any firearm to a person under 21
15    years of age who has been convicted of a misdemeanor other
16    than a traffic offense or adjudged delinquent.

 

 

10100SB0902sam001- 2 -LRB101 06314 SLF 59360 a

1        (c) Sells or gives any firearm to any narcotic addict.
2        (d) Sells or gives any firearm to any person who has
3    been convicted of a felony under the laws of this or any
4    other jurisdiction.
5        (e) Sells or gives any firearm to any person who has
6    been a patient in a mental institution within the past 5
7    years. In this subsection (e):
8            "Mental institution" means any hospital,
9        institution, clinic, evaluation facility, mental
10        health center, or part thereof, which is used primarily
11        for the care or treatment of persons with mental
12        illness.
13            "Patient in a mental institution" means the person
14        was admitted, either voluntarily or involuntarily, to
15        a mental institution for mental health treatment,
16        unless the treatment was voluntary and solely for an
17        alcohol abuse disorder and no other secondary
18        substance abuse disorder or mental illness.
19        (f) Sells or gives any firearms to any person who is a
20    person with an intellectual disability.
21        (g) Delivers any firearm, incidental to a sale, without
22    withholding delivery of the firearm for at least 72 hours
23    after application for its purchase has been made, or
24    delivers a stun gun or taser, incidental to a sale, without
25    withholding delivery of the stun gun or taser for at least
26    24 hours after application for its purchase has been made.

 

 

10100SB0902sam001- 3 -LRB101 06314 SLF 59360 a

1    However, this paragraph (g) does not apply to: (1) the sale
2    of a firearm to a law enforcement officer if the seller of
3    the firearm knows that the person to whom he or she is
4    selling the firearm is a law enforcement officer or the
5    sale of a firearm to a person who desires to purchase a
6    firearm for use in promoting the public interest incident
7    to his or her employment as a bank guard, armed truck
8    guard, or other similar employment; (2) a mail order sale
9    of a firearm from a federally licensed firearms dealer to a
10    nonresident of Illinois under which the firearm is mailed
11    to a federally licensed firearms dealer outside the
12    boundaries of Illinois; (3) (blank); (4) the sale of a
13    firearm to a dealer licensed as a federal firearms dealer
14    under Section 923 of the federal Gun Control Act of 1968
15    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
16    shotgun, or other long gun to a resident registered
17    competitor or attendee or non-resident registered
18    competitor or attendee by any dealer licensed as a federal
19    firearms dealer under Section 923 of the federal Gun
20    Control Act of 1968 at competitive shooting events held at
21    the World Shooting Complex sanctioned by a national
22    governing body. For purposes of transfers or sales under
23    subparagraph (5) of this paragraph (g), the Department of
24    Natural Resources shall give notice to the Department of
25    State Police at least 30 calendar days prior to any
26    competitive shooting events at the World Shooting Complex

 

 

10100SB0902sam001- 4 -LRB101 06314 SLF 59360 a

1    sanctioned by a national governing body. The notification
2    shall be made on a form prescribed by the Department of
3    State Police. The sanctioning body shall provide a list of
4    all registered competitors and attendees at least 24 hours
5    before the events to the Department of State Police. Any
6    changes to the list of registered competitors and attendees
7    shall be forwarded to the Department of State Police as
8    soon as practicable. The Department of State Police must
9    destroy the list of registered competitors and attendees no
10    later than 30 days after the date of the event. Nothing in
11    this paragraph (g) relieves a federally licensed firearm
12    dealer from the requirements of conducting a NICS
13    background check through the Illinois Point of Contact
14    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
15    "application" means when the buyer and seller reach an
16    agreement to purchase a firearm. For purposes of this
17    paragraph (g), "national governing body" means a group of
18    persons who adopt rules and formulate policy on behalf of a
19    national firearm sporting organization.
20        (h) While holding any license as a dealer, importer,
21    manufacturer or pawnbroker under the federal Gun Control
22    Act of 1968, manufactures, sells or delivers to any
23    unlicensed person a handgun having a barrel, slide, frame
24    or receiver which is a die casting of zinc alloy or any
25    other nonhomogeneous metal which will melt or deform at a
26    temperature of less than 800 degrees Fahrenheit. For

 

 

10100SB0902sam001- 5 -LRB101 06314 SLF 59360 a

1    purposes of this paragraph, (1) "firearm" is defined as in
2    the Firearm Owners Identification Card Act; and (2)
3    "handgun" is defined as a firearm designed to be held and
4    fired by the use of a single hand, and includes a
5    combination of parts from which such a firearm can be
6    assembled.
7        (i) Sells or gives a firearm of any size to any person
8    under 18 years of age who does not possess a valid Firearm
9    Owner's Identification Card.
10        (j) Sells or gives a firearm while engaged in the
11    business of selling firearms at wholesale or retail without
12    being licensed as a federal firearms dealer under Section
13    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
14    In this paragraph (j):
15        A person "engaged in the business" means a person who
16    devotes time, attention, and labor to engaging in the
17    activity as a regular course of trade or business with the
18    principal objective of livelihood and profit, but does not
19    include a person who makes occasional repairs of firearms
20    or who occasionally fits special barrels, stocks, or
21    trigger mechanisms to firearms.
22        "With the principal objective of livelihood and
23    profit" means that the intent underlying the sale or
24    disposition of firearms is predominantly one of obtaining
25    livelihood and pecuniary gain, as opposed to other intents,
26    such as improving or liquidating a personal firearms

 

 

10100SB0902sam001- 6 -LRB101 06314 SLF 59360 a

1    collection; however, proof of profit shall not be required
2    as to a person who engages in the regular and repetitive
3    purchase and disposition of firearms for criminal purposes
4    or terrorism.
5        (k) Sells or transfers ownership of a firearm to a
6    person who does not display to the seller or transferor of
7    the firearm either: (1) a currently valid Firearm Owner's
8    Identification Card that has previously been issued in the
9    transferee's name by the Department of State Police under
10    the provisions of the Firearm Owners Identification Card
11    Act; or (2) a currently valid license to carry a concealed
12    firearm that has previously been issued in the transferee's
13    name by the Department of State Police under the Firearm
14    Concealed Carry Act. This paragraph (k) does not apply to
15    the transfer of a firearm to a person who is exempt from
16    the requirement of possessing a Firearm Owner's
17    Identification Card under Section 2 of the Firearm Owners
18    Identification Card Act. For the purposes of this Section,
19    a currently valid Firearm Owner's Identification Card
20    means (i) a Firearm Owner's Identification Card that has
21    not expired or (ii) an approval number issued in accordance
22    with subsection (a-10) of subsection 3 or Section 3.1 of
23    the Firearm Owners Identification Card Act shall be proof
24    that the Firearm Owner's Identification Card was valid.
25            (1) In addition to the other requirements of this
26        paragraph (k), all persons who are not federally

 

 

10100SB0902sam001- 7 -LRB101 06314 SLF 59360 a

1        licensed firearms dealers must also have complied with
2        subsection (a-10) of Section 3 of the Firearm Owners
3        Identification Card Act by determining the validity of
4        a purchaser's Firearm Owner's Identification Card.
5            (2) All sellers or transferors who have complied
6        with the requirements of subparagraph (1) of this
7        paragraph (k) shall not be liable for damages in any
8        civil action arising from the use or misuse by the
9        transferee of the firearm transferred, except for
10        willful or wanton misconduct on the part of the seller
11        or transferor.
12        (l) Not being entitled to the possession of a firearm,
13    delivers the firearm, knowing it to have been stolen or
14    converted. It may be inferred that a person who possesses a
15    firearm with knowledge that its serial number has been
16    removed or altered has knowledge that the firearm is stolen
17    or converted.
18    (B) Paragraph (h) of subsection (A) does not include
19firearms sold within 6 months after enactment of Public Act
2078-355 (approved August 21, 1973, effective October 1, 1973),
21nor is any firearm legally owned or possessed by any citizen or
22purchased by any citizen within 6 months after the enactment of
23Public Act 78-355 subject to confiscation or seizure under the
24provisions of that Public Act. Nothing in Public Act 78-355
25shall be construed to prohibit the gift or trade of any firearm
26if that firearm was legally held or acquired within 6 months

 

 

10100SB0902sam001- 8 -LRB101 06314 SLF 59360 a

1after the enactment of that Public Act.
2    (C) Sentence.
3        (1) Any person convicted of unlawful sale or delivery
4    of firearms in violation of paragraph (c), (e), (f), (g),
5    or (h) of subsection (A) commits a Class 4 felony.
6        (2) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (b) or (i) of
8    subsection (A) commits a Class 3 felony.
9        (3) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (a) of subsection (A)
11    commits a Class 2 felony.
12        (4) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (a), (b), or (i) of
14    subsection (A) in any school, on the real property
15    comprising a school, within 1,000 feet of the real property
16    comprising a school, at a school related activity, or on or
17    within 1,000 feet of any conveyance owned, leased, or
18    contracted by a school or school district to transport
19    students to or from school or a school related activity,
20    regardless of the time of day or time of year at which the
21    offense was committed, commits a Class 1 felony. Any person
22    convicted of a second or subsequent violation of unlawful
23    sale or delivery of firearms in violation of paragraph (a),
24    (b), or (i) of subsection (A) in any school, on the real
25    property comprising a school, within 1,000 feet of the real
26    property comprising a school, at a school related activity,

 

 

10100SB0902sam001- 9 -LRB101 06314 SLF 59360 a

1    or on or within 1,000 feet of any conveyance owned, leased,
2    or contracted by a school or school district to transport
3    students to or from school or a school related activity,
4    regardless of the time of day or time of year at which the
5    offense was committed, commits a Class 1 felony for which
6    the sentence shall be a term of imprisonment of no less
7    than 5 years and no more than 15 years.
8        (5) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (a) or (i) of
10    subsection (A) in residential property owned, operated, or
11    managed by a public housing agency or leased by a public
12    housing agency as part of a scattered site or mixed-income
13    development, in a public park, in a courthouse, on
14    residential property owned, operated, or managed by a
15    public housing agency or leased by a public housing agency
16    as part of a scattered site or mixed-income development, on
17    the real property comprising any public park, on the real
18    property comprising any courthouse, or on any public way
19    within 1,000 feet of the real property comprising any
20    public park, courthouse, or residential property owned,
21    operated, or managed by a public housing agency or leased
22    by a public housing agency as part of a scattered site or
23    mixed-income development commits a Class 2 felony.
24        (6) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (j) of subsection (A)
26    commits a Class A misdemeanor. A second or subsequent

 

 

10100SB0902sam001- 10 -LRB101 06314 SLF 59360 a

1    violation is a Class 4 felony.
2        (7) Any person convicted of unlawful sale or delivery
3    of firearms in violation of paragraph (k) of subsection (A)
4    commits a Class 4 felony, except that a violation of
5    subparagraph (1) of paragraph (k) of subsection (A) shall
6    not be punishable as a crime or petty offense. A third or
7    subsequent conviction for a violation of paragraph (k) of
8    subsection (A) is a Class 1 felony.
9        (8) A person 18 years of age or older convicted of
10    unlawful sale or delivery of firearms in violation of
11    paragraph (a) or (i) of subsection (A), when the firearm
12    that was sold or given to another person under 18 years of
13    age was used in the commission of or attempt to commit a
14    forcible felony, shall be fined or imprisoned, or both, not
15    to exceed the maximum provided for the most serious
16    forcible felony so committed or attempted by the person
17    under 18 years of age who was sold or given the firearm.
18        (9) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (d) of subsection (A)
20    commits a Class X felony for which he or she shall be
21    sentenced to a term of imprisonment of not less than 10
22    years and not more than 30 years 3 felony.
23        (10) Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (l) of subsection (A)
25    commits a Class 2 felony if the delivery is of one firearm.
26    Any person convicted of unlawful sale or delivery of

 

 

10100SB0902sam001- 11 -LRB101 06314 SLF 59360 a

1    firearms in violation of paragraph (l) of subsection (A)
2    commits a Class 1 felony if the delivery is of not less
3    than 2 and not more than 5 firearms at the same time or
4    within a one year period. Any person convicted of unlawful
5    sale or delivery of firearms in violation of paragraph (l)
6    of subsection (A) commits a Class X felony for which he or
7    she shall be sentenced to a term of imprisonment of not
8    less than 6 years and not more than 30 years if the
9    delivery is of not less than 6 and not more than 10
10    firearms at the same time or within a 2 year period. Any
11    person convicted of unlawful sale or delivery of firearms
12    in violation of paragraph (l) of subsection (A) commits a
13    Class X felony for which he or she shall be sentenced to a
14    term of imprisonment of not less than 6 years and not more
15    than 40 years if the delivery is of not less than 11 and
16    not more than 20 firearms at the same time or within a 3
17    year period. Any person convicted of unlawful sale or
18    delivery of firearms in violation of paragraph (l) of
19    subsection (A) commits a Class X felony for which he or she
20    shall be sentenced to a term of imprisonment of not less
21    than 6 years and not more than 50 years if the delivery is
22    of not less than 21 and not more than 30 firearms at the
23    same time or within a 4 year period. Any person convicted
24    of unlawful sale or delivery of firearms in violation of
25    paragraph (l) of subsection (A) commits a Class X felony
26    for which he or she shall be sentenced to a term of

 

 

10100SB0902sam001- 12 -LRB101 06314 SLF 59360 a

1    imprisonment of not less than 6 years and not more than 60
2    years if the delivery is of 31 or more firearms at the same
3    time or within a 5 year period.
4    (D) For purposes of this Section:
5    "School" means a public or private elementary or secondary
6school, community college, college, or university.
7    "School related activity" means any sporting, social,
8academic, or other activity for which students' attendance or
9participation is sponsored, organized, or funded in whole or in
10part by a school or school district.
11    (E) A prosecution for a violation of paragraph (k) of
12subsection (A) of this Section may be commenced within 6 years
13after the commission of the offense. A prosecution for a
14violation of this Section other than paragraph (g) of
15subsection (A) of this Section may be commenced within 5 years
16after the commission of the offense defined in the particular
17paragraph.
18(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1999-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
20    Section 10. The Unified Code of Corrections is amended by
21changing Sections 5-4.5-110, 5-5-3, and 5-8-4 as follows:
 
22    (730 ILCS 5/5-5-3)
23    (Text of Section before amendment by P.A. 100-987)
24    Sec. 5-5-3. Disposition.

 

 

10100SB0902sam001- 13 -LRB101 06314 SLF 59360 a

1    (a) (Blank).
2    (b) (Blank).
3    (c) (1) (Blank).
4    (2) A period of probation, a term of periodic imprisonment
5or conditional discharge shall not be imposed for the following
6offenses. The court shall sentence the offender to not less
7than the minimum term of imprisonment set forth in this Code
8for the following offenses, and may order a fine or restitution
9or both in conjunction with such term of imprisonment:
10        (A) First degree murder where the death penalty is not
11    imposed.
12        (B) Attempted first degree murder.
13        (C) A Class X felony.
14        (D) A violation of Section 401.1 or 407 of the Illinois
15    Controlled Substances Act, or a violation of subdivision
16    (c)(1.5) of Section 401 of that Act which relates to more
17    than 5 grams of a substance containing fentanyl or an
18    analog thereof.
19        (D-5) A violation of subdivision (c)(1) of Section 401
20    of the Illinois Controlled Substances Act which relates to
21    3 or more grams of a substance containing heroin or an
22    analog thereof.
23        (E) (Blank).
24        (F) A Class 1 or greater felony if the offender had
25    been convicted of a Class 1 or greater felony, including
26    any state or federal conviction for an offense that

 

 

10100SB0902sam001- 14 -LRB101 06314 SLF 59360 a

1    contained, at the time it was committed, the same elements
2    as an offense now (the date of the offense committed after
3    the prior Class 1 or greater felony) classified as a Class
4    1 or greater felony, within 10 years of the date on which
5    the offender committed the offense for which he or she is
6    being sentenced, except as otherwise provided in Section
7    40-10 of the Substance Use Disorder Act.
8        (F-3) A Class 2 or greater felony sex offense or felony
9    firearm offense if the offender had been convicted of a
10    Class 2 or greater felony, including any state or federal
11    conviction for an offense that contained, at the time it
12    was committed, the same elements as an offense now (the
13    date of the offense committed after the prior Class 2 or
14    greater felony) classified as a Class 2 or greater felony,
15    within 10 years of the date on which the offender committed
16    the offense for which he or she is being sentenced, except
17    as otherwise provided in Section 40-10 of the Substance Use
18    Disorder Act.
19        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6,
20    or subsection (d) of Section 24-3 of the Criminal Code of
21    1961 or the Criminal Code of 2012 for which imprisonment is
22    prescribed in those Sections.
23        (G) Residential burglary, except as otherwise provided
24    in Section 40-10 of the Substance Use Disorder Act.
25        (H) Criminal sexual assault.
26        (I) Aggravated battery of a senior citizen as described

 

 

10100SB0902sam001- 15 -LRB101 06314 SLF 59360 a

1    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
2    of the Criminal Code of 1961 or the Criminal Code of 2012.
3        (J) A forcible felony if the offense was related to the
4    activities of an organized gang.
5        Before July 1, 1994, for the purposes of this
6    paragraph, "organized gang" means an association of 5 or
7    more persons, with an established hierarchy, that
8    encourages members of the association to perpetrate crimes
9    or provides support to the members of the association who
10    do commit crimes.
11        Beginning July 1, 1994, for the purposes of this
12    paragraph, "organized gang" has the meaning ascribed to it
13    in Section 10 of the Illinois Streetgang Terrorism Omnibus
14    Prevention Act.
15        (K) Vehicular hijacking.
16        (L) A second or subsequent conviction for the offense
17    of hate crime when the underlying offense upon which the
18    hate crime is based is felony aggravated assault or felony
19    mob action.
20        (M) A second or subsequent conviction for the offense
21    of institutional vandalism if the damage to the property
22    exceeds $300.
23        (N) A Class 3 felony violation of paragraph (1) of
24    subsection (a) of Section 2 of the Firearm Owners
25    Identification Card Act.
26        (O) A violation of Section 12-6.1 or 12-6.5 of the

 

 

10100SB0902sam001- 16 -LRB101 06314 SLF 59360 a

1    Criminal Code of 1961 or the Criminal Code of 2012.
2        (P) A violation of paragraph (1), (2), (3), (4), (5),
3    or (7) of subsection (a) of Section 11-20.1 of the Criminal
4    Code of 1961 or the Criminal Code of 2012.
5        (Q) A violation of subsection (b) or (b-5) of Section
6    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
7    Code of 1961 or the Criminal Code of 2012.
8        (R) A violation of Section 24-3A of the Criminal Code
9    of 1961 or the Criminal Code of 2012.
10        (S) (Blank).
11        (T) (Blank).
12        (U) A second or subsequent violation of Section 6-303
13    of the Illinois Vehicle Code committed while his or her
14    driver's license, permit, or privilege was revoked because
15    of a violation of Section 9-3 of the Criminal Code of 1961
16    or the Criminal Code of 2012, relating to the offense of
17    reckless homicide, or a similar provision of a law of
18    another state.
19        (V) A violation of paragraph (4) of subsection (c) of
20    Section 11-20.1B or paragraph (4) of subsection (c) of
21    Section 11-20.3 of the Criminal Code of 1961, or paragraph
22    (6) of subsection (a) of Section 11-20.1 of the Criminal
23    Code of 2012 when the victim is under 13 years of age and
24    the defendant has previously been convicted under the laws
25    of this State or any other state of the offense of child
26    pornography, aggravated child pornography, aggravated

 

 

10100SB0902sam001- 17 -LRB101 06314 SLF 59360 a

1    criminal sexual abuse, aggravated criminal sexual assault,
2    predatory criminal sexual assault of a child, or any of the
3    offenses formerly known as rape, deviate sexual assault,
4    indecent liberties with a child, or aggravated indecent
5    liberties with a child where the victim was under the age
6    of 18 years or an offense that is substantially equivalent
7    to those offenses.
8        (W) A violation of Section 24-3.5 of the Criminal Code
9    of 1961 or the Criminal Code of 2012.
10        (X) A violation of subsection (a) of Section 31-1a of
11    the Criminal Code of 1961 or the Criminal Code of 2012.
12        (Y) A conviction for unlawful possession of a firearm
13    by a street gang member when the firearm was loaded or
14    contained firearm ammunition.
15        (Z) A Class 1 felony committed while he or she was
16    serving a term of probation or conditional discharge for a
17    felony.
18        (AA) Theft of property exceeding $500,000 and not
19    exceeding $1,000,000 in value.
20        (BB) Laundering of criminally derived property of a
21    value exceeding $500,000.
22        (CC) Knowingly selling, offering for sale, holding for
23    sale, or using 2,000 or more counterfeit items or
24    counterfeit items having a retail value in the aggregate of
25    $500,000 or more.
26        (DD) A conviction for aggravated assault under

 

 

10100SB0902sam001- 18 -LRB101 06314 SLF 59360 a

1    paragraph (6) of subsection (c) of Section 12-2 of the
2    Criminal Code of 1961 or the Criminal Code of 2012 if the
3    firearm is aimed toward the person against whom the firearm
4    is being used.
5        (EE) A conviction for a violation of paragraph (2) of
6    subsection (a) of Section 24-3B of the Criminal Code of
7    2012.
8    (3) (Blank).
9    (4) A minimum term of imprisonment of not less than 10
10consecutive days or 30 days of community service shall be
11imposed for a violation of paragraph (c) of Section 6-303 of
12the Illinois Vehicle Code.
13    (4.1) (Blank).
14    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
15this subsection (c), a minimum of 100 hours of community
16service shall be imposed for a second violation of Section
176-303 of the Illinois Vehicle Code.
18    (4.3) A minimum term of imprisonment of 30 days or 300
19hours of community service, as determined by the court, shall
20be imposed for a second violation of subsection (c) of Section
216-303 of the Illinois Vehicle Code.
22    (4.4) Except as provided in paragraphs (4.5), (4.6), and
23(4.9) of this subsection (c), a minimum term of imprisonment of
2430 days or 300 hours of community service, as determined by the
25court, shall be imposed for a third or subsequent violation of
26Section 6-303 of the Illinois Vehicle Code. The court may give

 

 

10100SB0902sam001- 19 -LRB101 06314 SLF 59360 a

1credit toward the fulfillment of community service hours for
2participation in activities and treatment as determined by
3court services.
4    (4.5) A minimum term of imprisonment of 30 days shall be
5imposed for a third violation of subsection (c) of Section
66-303 of the Illinois Vehicle Code.
7    (4.6) Except as provided in paragraph (4.10) of this
8subsection (c), a minimum term of imprisonment of 180 days
9shall be imposed for a fourth or subsequent violation of
10subsection (c) of Section 6-303 of the Illinois Vehicle Code.
11    (4.7) A minimum term of imprisonment of not less than 30
12consecutive days, or 300 hours of community service, shall be
13imposed for a violation of subsection (a-5) of Section 6-303 of
14the Illinois Vehicle Code, as provided in subsection (b-5) of
15that Section.
16    (4.8) A mandatory prison sentence shall be imposed for a
17second violation of subsection (a-5) of Section 6-303 of the
18Illinois Vehicle Code, as provided in subsection (c-5) of that
19Section. The person's driving privileges shall be revoked for a
20period of not less than 5 years from the date of his or her
21release from prison.
22    (4.9) A mandatory prison sentence of not less than 4 and
23not more than 15 years shall be imposed for a third violation
24of subsection (a-5) of Section 6-303 of the Illinois Vehicle
25Code, as provided in subsection (d-2.5) of that Section. The
26person's driving privileges shall be revoked for the remainder

 

 

10100SB0902sam001- 20 -LRB101 06314 SLF 59360 a

1of his or her life.
2    (4.10) A mandatory prison sentence for a Class 1 felony
3shall be imposed, and the person shall be eligible for an
4extended term sentence, for a fourth or subsequent violation of
5subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
6as provided in subsection (d-3.5) of that Section. The person's
7driving privileges shall be revoked for the remainder of his or
8her life.
9    (5) The court may sentence a corporation or unincorporated
10association convicted of any offense to:
11        (A) a period of conditional discharge;
12        (B) a fine;
13        (C) make restitution to the victim under Section 5-5-6
14    of this Code.
15    (5.1) In addition to any other penalties imposed, and
16except as provided in paragraph (5.2) or (5.3), a person
17convicted of violating subsection (c) of Section 11-907 of the
18Illinois Vehicle Code shall have his or her driver's license,
19permit, or privileges suspended for at least 90 days but not
20more than one year, if the violation resulted in damage to the
21property of another person.
22    (5.2) In addition to any other penalties imposed, and
23except as provided in paragraph (5.3), a person convicted of
24violating subsection (c) of Section 11-907 of the Illinois
25Vehicle Code shall have his or her driver's license, permit, or
26privileges suspended for at least 180 days but not more than 2

 

 

10100SB0902sam001- 21 -LRB101 06314 SLF 59360 a

1years, if the violation resulted in injury to another person.
2    (5.3) In addition to any other penalties imposed, a person
3convicted of violating subsection (c) of Section 11-907 of the
4Illinois Vehicle Code shall have his or her driver's license,
5permit, or privileges suspended for 2 years, if the violation
6resulted in the death of another person.
7    (5.4) In addition to any other penalties imposed, a person
8convicted of violating Section 3-707 of the Illinois Vehicle
9Code shall have his or her driver's license, permit, or
10privileges suspended for 3 months and until he or she has paid
11a reinstatement fee of $100.
12    (5.5) In addition to any other penalties imposed, a person
13convicted of violating Section 3-707 of the Illinois Vehicle
14Code during a period in which his or her driver's license,
15permit, or privileges were suspended for a previous violation
16of that Section shall have his or her driver's license, permit,
17or privileges suspended for an additional 6 months after the
18expiration of the original 3-month suspension and until he or
19she has paid a reinstatement fee of $100.
20    (6) (Blank).
21    (7) (Blank).
22    (8) (Blank).
23    (9) A defendant convicted of a second or subsequent offense
24of ritualized abuse of a child may be sentenced to a term of
25natural life imprisonment.
26    (10) (Blank).

 

 

10100SB0902sam001- 22 -LRB101 06314 SLF 59360 a

1    (11) The court shall impose a minimum fine of $1,000 for a
2first offense and $2,000 for a second or subsequent offense
3upon a person convicted of or placed on supervision for battery
4when the individual harmed was a sports official or coach at
5any level of competition and the act causing harm to the sports
6official or coach occurred within an athletic facility or
7within the immediate vicinity of the athletic facility at which
8the sports official or coach was an active participant of the
9athletic contest held at the athletic facility. For the
10purposes of this paragraph (11), "sports official" means a
11person at an athletic contest who enforces the rules of the
12contest, such as an umpire or referee; "athletic facility"
13means an indoor or outdoor playing field or recreational area
14where sports activities are conducted; and "coach" means a
15person recognized as a coach by the sanctioning authority that
16conducted the sporting event.
17    (12) A person may not receive a disposition of court
18supervision for a violation of Section 5-16 of the Boat
19Registration and Safety Act if that person has previously
20received a disposition of court supervision for a violation of
21that Section.
22    (13) A person convicted of or placed on court supervision
23for an assault or aggravated assault when the victim and the
24offender are family or household members as defined in Section
25103 of the Illinois Domestic Violence Act of 1986 or convicted
26of domestic battery or aggravated domestic battery may be

 

 

10100SB0902sam001- 23 -LRB101 06314 SLF 59360 a

1required to attend a Partner Abuse Intervention Program under
2protocols set forth by the Illinois Department of Human
3Services under such terms and conditions imposed by the court.
4The costs of such classes shall be paid by the offender.
5    (d) In any case in which a sentence originally imposed is
6vacated, the case shall be remanded to the trial court. The
7trial court shall hold a hearing under Section 5-4-1 of this
8the Unified Code of Corrections which may include evidence of
9the defendant's life, moral character and occupation during the
10time since the original sentence was passed. The trial court
11shall then impose sentence upon the defendant. The trial court
12may impose any sentence which could have been imposed at the
13original trial subject to Section 5-5-4 of this the Unified
14Code of Corrections. If a sentence is vacated on appeal or on
15collateral attack due to the failure of the trier of fact at
16trial to determine beyond a reasonable doubt the existence of a
17fact (other than a prior conviction) necessary to increase the
18punishment for the offense beyond the statutory maximum
19otherwise applicable, either the defendant may be re-sentenced
20to a term within the range otherwise provided or, if the State
21files notice of its intention to again seek the extended
22sentence, the defendant shall be afforded a new trial.
23    (e) In cases where prosecution for aggravated criminal
24sexual abuse under Section 11-1.60 or 12-16 of the Criminal
25Code of 1961 or the Criminal Code of 2012 results in conviction
26of a defendant who was a family member of the victim at the

 

 

10100SB0902sam001- 24 -LRB101 06314 SLF 59360 a

1time of the commission of the offense, the court shall consider
2the safety and welfare of the victim and may impose a sentence
3of probation only where:
4        (1) the court finds (A) or (B) or both are appropriate:
5            (A) the defendant is willing to undergo a court
6        approved counseling program for a minimum duration of 2
7        years; or
8            (B) the defendant is willing to participate in a
9        court approved plan including but not limited to the
10        defendant's:
11                (i) removal from the household;
12                (ii) restricted contact with the victim;
13                (iii) continued financial support of the
14            family;
15                (iv) restitution for harm done to the victim;
16            and
17                (v) compliance with any other measures that
18            the court may deem appropriate; and
19        (2) the court orders the defendant to pay for the
20    victim's counseling services, to the extent that the court
21    finds, after considering the defendant's income and
22    assets, that the defendant is financially capable of paying
23    for such services, if the victim was under 18 years of age
24    at the time the offense was committed and requires
25    counseling as a result of the offense.
26    Probation may be revoked or modified pursuant to Section

 

 

10100SB0902sam001- 25 -LRB101 06314 SLF 59360 a

15-6-4; except where the court determines at the hearing that
2the defendant violated a condition of his or her probation
3restricting contact with the victim or other family members or
4commits another offense with the victim or other family
5members, the court shall revoke the defendant's probation and
6impose a term of imprisonment.
7    For the purposes of this Section, "family member" and
8"victim" shall have the meanings ascribed to them in Section
911-0.1 of the Criminal Code of 2012.
10    (f) (Blank).
11    (g) Whenever a defendant is convicted of an offense under
12Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1311-14.3, 11-14.4 except for an offense that involves keeping a
14place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1511-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
17Criminal Code of 2012, the defendant shall undergo medical
18testing to determine whether the defendant has any sexually
19transmissible disease, including a test for infection with
20human immunodeficiency virus (HIV) or any other identified
21causative agent of acquired immunodeficiency syndrome (AIDS).
22Any such medical test shall be performed only by appropriately
23licensed medical practitioners and may include an analysis of
24any bodily fluids as well as an examination of the defendant's
25person. Except as otherwise provided by law, the results of
26such test shall be kept strictly confidential by all medical

 

 

10100SB0902sam001- 26 -LRB101 06314 SLF 59360 a

1personnel involved in the testing and must be personally
2delivered in a sealed envelope to the judge of the court in
3which the conviction was entered for the judge's inspection in
4camera. Acting in accordance with the best interests of the
5victim and the public, the judge shall have the discretion to
6determine to whom, if anyone, the results of the testing may be
7revealed. The court shall notify the defendant of the test
8results. The court shall also notify the victim if requested by
9the victim, and if the victim is under the age of 15 and if
10requested by the victim's parents or legal guardian, the court
11shall notify the victim's parents or legal guardian of the test
12results. The court shall provide information on the
13availability of HIV testing and counseling at Department of
14Public Health facilities to all parties to whom the results of
15the testing are revealed and shall direct the State's Attorney
16to provide the information to the victim when possible. A
17State's Attorney may petition the court to obtain the results
18of any HIV test administered under this Section, and the court
19shall grant the disclosure if the State's Attorney shows it is
20relevant in order to prosecute a charge of criminal
21transmission of HIV under Section 12-5.01 or 12-16.2 of the
22Criminal Code of 1961 or the Criminal Code of 2012 against the
23defendant. The court shall order that the cost of any such test
24shall be paid by the county and may be taxed as costs against
25the convicted defendant.
26    (g-5) When an inmate is tested for an airborne communicable

 

 

10100SB0902sam001- 27 -LRB101 06314 SLF 59360 a

1disease, as determined by the Illinois Department of Public
2Health including but not limited to tuberculosis, the results
3of the test shall be personally delivered by the warden or his
4or her designee in a sealed envelope to the judge of the court
5in which the inmate must appear for the judge's inspection in
6camera if requested by the judge. Acting in accordance with the
7best interests of those in the courtroom, the judge shall have
8the discretion to determine what if any precautions need to be
9taken to prevent transmission of the disease in the courtroom.
10    (h) Whenever a defendant is convicted of an offense under
11Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
12defendant shall undergo medical testing to determine whether
13the defendant has been exposed to human immunodeficiency virus
14(HIV) or any other identified causative agent of acquired
15immunodeficiency syndrome (AIDS). Except as otherwise provided
16by law, the results of such test shall be kept strictly
17confidential by all medical personnel involved in the testing
18and must be personally delivered in a sealed envelope to the
19judge of the court in which the conviction was entered for the
20judge's inspection in camera. Acting in accordance with the
21best interests of the public, the judge shall have the
22discretion to determine to whom, if anyone, the results of the
23testing may be revealed. The court shall notify the defendant
24of a positive test showing an infection with the human
25immunodeficiency virus (HIV). The court shall provide
26information on the availability of HIV testing and counseling

 

 

10100SB0902sam001- 28 -LRB101 06314 SLF 59360 a

1at Department of Public Health facilities to all parties to
2whom the results of the testing are revealed and shall direct
3the State's Attorney to provide the information to the victim
4when possible. A State's Attorney may petition the court to
5obtain the results of any HIV test administered under this
6Section, and the court shall grant the disclosure if the
7State's Attorney shows it is relevant in order to prosecute a
8charge of criminal transmission of HIV under Section 12-5.01 or
912-16.2 of the Criminal Code of 1961 or the Criminal Code of
102012 against the defendant. The court shall order that the cost
11of any such test shall be paid by the county and may be taxed as
12costs against the convicted defendant.
13    (i) All fines and penalties imposed under this Section for
14any violation of Chapters 3, 4, 6, and 11 of the Illinois
15Vehicle Code, or a similar provision of a local ordinance, and
16any violation of the Child Passenger Protection Act, or a
17similar provision of a local ordinance, shall be collected and
18disbursed by the circuit clerk as provided under Section 27.5
19of the Clerks of Courts Act.
20    (j) In cases when prosecution for any violation of Section
2111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2512-15, or 12-16 of the Criminal Code of 1961 or the Criminal
26Code of 2012, any violation of the Illinois Controlled

 

 

10100SB0902sam001- 29 -LRB101 06314 SLF 59360 a

1Substances Act, any violation of the Cannabis Control Act, or
2any violation of the Methamphetamine Control and Community
3Protection Act results in conviction, a disposition of court
4supervision, or an order of probation granted under Section 10
5of the Cannabis Control Act, Section 410 of the Illinois
6Controlled Substances Act, or Section 70 of the Methamphetamine
7Control and Community Protection Act of a defendant, the court
8shall determine whether the defendant is employed by a facility
9or center as defined under the Child Care Act of 1969, a public
10or private elementary or secondary school, or otherwise works
11with children under 18 years of age on a daily basis. When a
12defendant is so employed, the court shall order the Clerk of
13the Court to send a copy of the judgment of conviction or order
14of supervision or probation to the defendant's employer by
15certified mail. If the employer of the defendant is a school,
16the Clerk of the Court shall direct the mailing of a copy of
17the judgment of conviction or order of supervision or probation
18to the appropriate regional superintendent of schools. The
19regional superintendent of schools shall notify the State Board
20of Education of any notification under this subsection.
21    (j-5) A defendant at least 17 years of age who is convicted
22of a felony and who has not been previously convicted of a
23misdemeanor or felony and who is sentenced to a term of
24imprisonment in the Illinois Department of Corrections shall as
25a condition of his or her sentence be required by the court to
26attend educational courses designed to prepare the defendant

 

 

10100SB0902sam001- 30 -LRB101 06314 SLF 59360 a

1for a high school diploma and to work toward a high school
2diploma or to work toward passing high school equivalency
3testing or to work toward completing a vocational training
4program offered by the Department of Corrections. If a
5defendant fails to complete the educational training required
6by his or her sentence during the term of incarceration, the
7Prisoner Review Board shall, as a condition of mandatory
8supervised release, require the defendant, at his or her own
9expense, to pursue a course of study toward a high school
10diploma or passage of high school equivalency testing. The
11Prisoner Review Board shall revoke the mandatory supervised
12release of a defendant who wilfully fails to comply with this
13subsection (j-5) upon his or her release from confinement in a
14penal institution while serving a mandatory supervised release
15term; however, the inability of the defendant after making a
16good faith effort to obtain financial aid or pay for the
17educational training shall not be deemed a wilful failure to
18comply. The Prisoner Review Board shall recommit the defendant
19whose mandatory supervised release term has been revoked under
20this subsection (j-5) as provided in Section 3-3-9. This
21subsection (j-5) does not apply to a defendant who has a high
22school diploma or has successfully passed high school
23equivalency testing. This subsection (j-5) does not apply to a
24defendant who is determined by the court to be a person with a
25developmental disability or otherwise mentally incapable of
26completing the educational or vocational program.

 

 

10100SB0902sam001- 31 -LRB101 06314 SLF 59360 a

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

 

 

10100SB0902sam001- 32 -LRB101 06314 SLF 59360 a

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    (C) This subsection (l) does not apply to offenders who are
8subject to the provisions of paragraph (2) of subsection (a) of
9Section 3-6-3.
10    (D) Upon motion of the State's Attorney, if a defendant
11sentenced under this Section returns to the jurisdiction of the
12United States, the defendant shall be recommitted to the
13custody of the county from which he or she was sentenced.
14Thereafter, the defendant shall be brought before the
15sentencing court, which may impose any sentence that was
16available under Section 5-5-3 at the time of initial
17sentencing. In addition, the defendant shall not be eligible
18for additional earned sentence credit as provided under Section
193-6-3.
20    (m) A person convicted of criminal defacement of property
21under Section 21-1.3 of the Criminal Code of 1961 or the
22Criminal Code of 2012, in which the property damage exceeds
23$300 and the property damaged is a school building, shall be
24ordered to perform community service that may include cleanup,
25removal, or painting over the defacement.
26    (n) The court may sentence a person convicted of a

 

 

10100SB0902sam001- 33 -LRB101 06314 SLF 59360 a

1violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
2subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
3of 1961 or the Criminal Code of 2012 (i) to an impact
4incarceration program if the person is otherwise eligible for
5that program under Section 5-8-1.1, (ii) to community service,
6or (iii) if the person has a substance use disorder, as defined
7in the Substance Use Disorder Act, to a treatment program
8licensed under that Act.
9    (o) Whenever a person is convicted of a sex offense as
10defined in Section 2 of the Sex Offender Registration Act, the
11defendant's driver's license or permit shall be subject to
12renewal on an annual basis in accordance with the provisions of
13license renewal established by the Secretary of State.
14(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
1599-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.
161-1-19; revised 10-12-18.)
 
17    (Text of Section after amendment by P.A. 100-987)
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

 

 

10100SB0902sam001- 34 -LRB101 06314 SLF 59360 a

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.

 

 

10100SB0902sam001- 35 -LRB101 06314 SLF 59360 a

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,
13    or subsection (d) of Section 24-3 of the Criminal Code of
14    1961 or the Criminal Code of 2012 for which imprisonment is
15    prescribed in those Sections.
16        (G) Residential burglary, except as otherwise provided
17    in Section 40-10 of the Substance Use Disorder Act.
18        (H) Criminal sexual assault.
19        (I) Aggravated battery of a senior citizen as described
20    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
21    of the Criminal Code of 1961 or the Criminal Code of 2012.
22        (J) A forcible felony if the offense was related to the
23    activities of an organized gang.
24        Before July 1, 1994, for the purposes of this
25    paragraph, "organized gang" means an association of 5 or
26    more persons, with an established hierarchy, that

 

 

10100SB0902sam001- 36 -LRB101 06314 SLF 59360 a

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

 

 

10100SB0902sam001- 37 -LRB101 06314 SLF 59360 a

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

 

 

10100SB0902sam001- 38 -LRB101 06314 SLF 59360 a

1        (W) A violation of Section 24-3.5 of the Criminal Code
2    of 1961 or the Criminal Code of 2012.
3        (X) A violation of subsection (a) of Section 31-1a of
4    the Criminal Code of 1961 or the Criminal Code of 2012.
5        (Y) A conviction for unlawful possession of a firearm
6    by a street gang member when the firearm was loaded or
7    contained firearm ammunition.
8        (Z) A Class 1 felony committed while he or she was
9    serving a term of probation or conditional discharge for a
10    felony.
11        (AA) Theft of property exceeding $500,000 and not
12    exceeding $1,000,000 in value.
13        (BB) Laundering of criminally derived property of a
14    value exceeding $500,000.
15        (CC) Knowingly selling, offering for sale, holding for
16    sale, or using 2,000 or more counterfeit items or
17    counterfeit items having a retail value in the aggregate of
18    $500,000 or more.
19        (DD) A conviction for aggravated assault under
20    paragraph (6) of subsection (c) of Section 12-2 of the
21    Criminal Code of 1961 or the Criminal Code of 2012 if the
22    firearm is aimed toward the person against whom the firearm
23    is being used.
24        (EE) A conviction for a violation of paragraph (2) of
25    subsection (a) of Section 24-3B of the Criminal Code of
26    2012.

 

 

10100SB0902sam001- 39 -LRB101 06314 SLF 59360 a

1    (3) (Blank).
2    (4) A minimum term of imprisonment of not less than 10
3consecutive days or 30 days of community service shall be
4imposed for a violation of paragraph (c) of Section 6-303 of
5the Illinois Vehicle Code.
6    (4.1) (Blank).
7    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
8this subsection (c), a minimum of 100 hours of community
9service shall be imposed for a second violation of Section
106-303 of the Illinois Vehicle Code.
11    (4.3) A minimum term of imprisonment of 30 days or 300
12hours of community service, as determined by the court, shall
13be imposed for a second violation of subsection (c) of Section
146-303 of the Illinois Vehicle Code.
15    (4.4) Except as provided in paragraphs (4.5), (4.6), and
16(4.9) of this subsection (c), a minimum term of imprisonment of
1730 days or 300 hours of community service, as determined by the
18court, shall be imposed for a third or subsequent violation of
19Section 6-303 of the Illinois Vehicle Code. The court may give
20credit toward the fulfillment of community service hours for
21participation in activities and treatment as determined by
22court services.
23    (4.5) A minimum term of imprisonment of 30 days shall be
24imposed for a third violation of subsection (c) of Section
256-303 of the Illinois Vehicle Code.
26    (4.6) Except as provided in paragraph (4.10) of this

 

 

10100SB0902sam001- 40 -LRB101 06314 SLF 59360 a

1subsection (c), a minimum term of imprisonment of 180 days
2shall be imposed for a fourth or subsequent violation of
3subsection (c) of Section 6-303 of the Illinois Vehicle Code.
4    (4.7) A minimum term of imprisonment of not less than 30
5consecutive days, or 300 hours of community service, shall be
6imposed for a violation of subsection (a-5) of Section 6-303 of
7the Illinois Vehicle Code, as provided in subsection (b-5) of
8that Section.
9    (4.8) A mandatory prison sentence shall be imposed for a
10second violation of subsection (a-5) of Section 6-303 of the
11Illinois Vehicle Code, as provided in subsection (c-5) of that
12Section. The person's driving privileges shall be revoked for a
13period of not less than 5 years from the date of his or her
14release from prison.
15    (4.9) A mandatory prison sentence of not less than 4 and
16not more than 15 years shall be imposed for a third violation
17of subsection (a-5) of Section 6-303 of the Illinois Vehicle
18Code, as provided in subsection (d-2.5) of that Section. The
19person's driving privileges shall be revoked for the remainder
20of his or her life.
21    (4.10) A mandatory prison sentence for a Class 1 felony
22shall be imposed, and the person shall be eligible for an
23extended term sentence, for a fourth or subsequent violation of
24subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
25as provided in subsection (d-3.5) of that Section. The person's
26driving privileges shall be revoked for the remainder of his or

 

 

10100SB0902sam001- 41 -LRB101 06314 SLF 59360 a

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

 

 

10100SB0902sam001- 42 -LRB101 06314 SLF 59360 a

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

 

 

10100SB0902sam001- 43 -LRB101 06314 SLF 59360 a

1the sports official or coach was an active participant of the
2athletic contest held at the athletic facility. For the
3purposes of this paragraph (11), "sports official" means a
4person at an athletic contest who enforces the rules of the
5contest, such as an umpire or referee; "athletic facility"
6means an indoor or outdoor playing field or recreational area
7where sports activities are conducted; and "coach" means a
8person recognized as a coach by the sanctioning authority that
9conducted the sporting event.
10    (12) A person may not receive a disposition of court
11supervision for a violation of Section 5-16 of the Boat
12Registration and Safety Act if that person has previously
13received a disposition of court supervision for a violation of
14that Section.
15    (13) A person convicted of or placed on court supervision
16for an assault or aggravated assault when the victim and the
17offender are family or household members as defined in Section
18103 of the Illinois Domestic Violence Act of 1986 or convicted
19of domestic battery or aggravated domestic battery may be
20required to attend a Partner Abuse Intervention Program under
21protocols set forth by the Illinois Department of Human
22Services under such terms and conditions imposed by the court.
23The costs of such classes shall be paid by the offender.
24    (d) In any case in which a sentence originally imposed is
25vacated, the case shall be remanded to the trial court. The
26trial court shall hold a hearing under Section 5-4-1 of this

 

 

10100SB0902sam001- 44 -LRB101 06314 SLF 59360 a

1the Unified Code of Corrections which may include evidence of
2the defendant's life, moral character and occupation during the
3time since the original sentence was passed. The trial court
4shall then impose sentence upon the defendant. The trial court
5may impose any sentence which could have been imposed at the
6original trial subject to Section 5-5-4 of this the Unified
7Code of Corrections. If a sentence is vacated on appeal or on
8collateral attack due to the failure of the trier of fact at
9trial to determine beyond a reasonable doubt the existence of a
10fact (other than a prior conviction) necessary to increase the
11punishment for the offense beyond the statutory maximum
12otherwise applicable, either the defendant may be re-sentenced
13to a term within the range otherwise provided or, if the State
14files notice of its intention to again seek the extended
15sentence, the defendant shall be afforded a new trial.
16    (e) In cases where prosecution for aggravated criminal
17sexual abuse under Section 11-1.60 or 12-16 of the Criminal
18Code of 1961 or the Criminal Code of 2012 results in conviction
19of a defendant who was a family member of the victim at the
20time of the commission of the offense, the court shall consider
21the safety and welfare of the victim and may impose a sentence
22of probation only where:
23        (1) the court finds (A) or (B) or both are appropriate:
24            (A) the defendant is willing to undergo a court
25        approved counseling program for a minimum duration of 2
26        years; or

 

 

10100SB0902sam001- 45 -LRB101 06314 SLF 59360 a

1            (B) the defendant is willing to participate in a
2        court approved plan including but not limited to the
3        defendant's:
4                (i) removal from the household;
5                (ii) restricted contact with the victim;
6                (iii) continued financial support of the
7            family;
8                (iv) restitution for harm done to the victim;
9            and
10                (v) compliance with any other measures that
11            the court may deem appropriate; and
12        (2) the court orders the defendant to pay for the
13    victim's counseling services, to the extent that the court
14    finds, after considering the defendant's income and
15    assets, that the defendant is financially capable of paying
16    for such services, if the victim was under 18 years of age
17    at the time the offense was committed and requires
18    counseling as a result of the offense.
19    Probation may be revoked or modified pursuant to Section
205-6-4; except where the court determines at the hearing that
21the defendant violated a condition of his or her probation
22restricting contact with the victim or other family members or
23commits another offense with the victim or other family
24members, the court shall revoke the defendant's probation and
25impose a term of imprisonment.
26    For the purposes of this Section, "family member" and

 

 

10100SB0902sam001- 46 -LRB101 06314 SLF 59360 a

1"victim" shall have the meanings ascribed to them in Section
211-0.1 of the Criminal Code of 2012.
3    (f) (Blank).
4    (g) Whenever a defendant is convicted of an offense under
5Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
611-14.3, 11-14.4 except for an offense that involves keeping a
7place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
811-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
912-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
10Criminal Code of 2012, the defendant shall undergo medical
11testing to determine whether the defendant has any sexually
12transmissible disease, including a test for infection with
13human immunodeficiency virus (HIV) or any other identified
14causative agent of acquired immunodeficiency syndrome (AIDS).
15Any such medical test shall be performed only by appropriately
16licensed medical practitioners and may include an analysis of
17any bodily fluids as well as an examination of the defendant's
18person. Except as otherwise provided by law, the results of
19such test shall be kept strictly confidential by all medical
20personnel involved in the testing and must be personally
21delivered in a sealed envelope to the judge of the court in
22which the conviction was entered for the judge's inspection in
23camera. Acting in accordance with the best interests of the
24victim and the public, the judge shall have the discretion to
25determine to whom, if anyone, the results of the testing may be
26revealed. The court shall notify the defendant of the test

 

 

10100SB0902sam001- 47 -LRB101 06314 SLF 59360 a

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

 

 

10100SB0902sam001- 48 -LRB101 06314 SLF 59360 a

1the discretion to determine what if any precautions need to be
2taken to prevent transmission of the disease in the courtroom.
3    (h) Whenever a defendant is convicted of an offense under
4Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
5defendant shall undergo medical testing to determine whether
6the defendant has been exposed to human immunodeficiency virus
7(HIV) or any other identified causative agent of acquired
8immunodeficiency syndrome (AIDS). Except as otherwise provided
9by law, the results of such test shall be kept strictly
10confidential by all medical personnel involved in the testing
11and must be personally delivered in a sealed envelope to the
12judge of the court in which the conviction was entered for the
13judge's inspection in camera. Acting in accordance with the
14best interests of the public, the judge shall have the
15discretion to determine to whom, if anyone, the results of the
16testing may be revealed. The court shall notify the defendant
17of a positive test showing an infection with the human
18immunodeficiency virus (HIV). The court shall provide
19information on the availability of HIV testing and counseling
20at Department of Public Health facilities to all parties to
21whom the results of the testing are revealed and shall direct
22the State's Attorney to provide the information to the victim
23when possible. A State's Attorney may petition the court to
24obtain the results of any HIV test administered under this
25Section, and the court shall grant the disclosure if the
26State's Attorney shows it is relevant in order to prosecute a

 

 

10100SB0902sam001- 49 -LRB101 06314 SLF 59360 a

1charge of criminal transmission of HIV under Section 12-5.01 or
212-16.2 of the Criminal Code of 1961 or the Criminal Code of
32012 against the defendant. The court shall order that the cost
4of any such test shall be paid by the county and may be taxed as
5costs against the convicted defendant.
6    (i) All fines and penalties imposed under this Section for
7any violation of Chapters 3, 4, 6, and 11 of the Illinois
8Vehicle Code, or a similar provision of a local ordinance, and
9any violation of the Child Passenger Protection Act, or a
10similar provision of a local ordinance, shall be collected and
11disbursed by the circuit clerk as provided under the Criminal
12and Traffic Assessment Act.
13    (j) In cases when prosecution for any violation of Section
1411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1511-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1611-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1711-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1812-15, or 12-16 of the Criminal Code of 1961 or the Criminal
19Code of 2012, any violation of the Illinois Controlled
20Substances Act, any violation of the Cannabis Control Act, or
21any violation of the Methamphetamine Control and Community
22Protection Act results in conviction, a disposition of court
23supervision, or an order of probation granted under Section 10
24of the Cannabis Control Act, Section 410 of the Illinois
25Controlled Substances Act, or Section 70 of the Methamphetamine
26Control and Community Protection Act of a defendant, the court

 

 

10100SB0902sam001- 50 -LRB101 06314 SLF 59360 a

1shall determine whether the defendant is employed by a facility
2or center as defined under the Child Care Act of 1969, a public
3or private elementary or secondary school, or otherwise works
4with children under 18 years of age on a daily basis. When a
5defendant is so employed, the court shall order the Clerk of
6the Court to send a copy of the judgment of conviction or order
7of supervision or probation to the defendant's employer by
8certified mail. If the employer of the defendant is a school,
9the Clerk of the Court shall direct the mailing of a copy of
10the judgment of conviction or order of supervision or probation
11to the appropriate regional superintendent of schools. The
12regional superintendent of schools shall notify the State Board
13of Education of any notification under this subsection.
14    (j-5) A defendant at least 17 years of age who is convicted
15of a felony and who has not been previously convicted of a
16misdemeanor or felony and who is sentenced to a term of
17imprisonment in the Illinois Department of Corrections shall as
18a condition of his or her sentence be required by the court to
19attend educational courses designed to prepare the defendant
20for a high school diploma and to work toward a high school
21diploma or to work toward passing high school equivalency
22testing or to work toward completing a vocational training
23program offered by the Department of Corrections. If a
24defendant fails to complete the educational training required
25by his or her sentence during the term of incarceration, the
26Prisoner Review Board shall, as a condition of mandatory

 

 

10100SB0902sam001- 51 -LRB101 06314 SLF 59360 a

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

 

 

10100SB0902sam001- 52 -LRB101 06314 SLF 59360 a

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

 

 

10100SB0902sam001- 53 -LRB101 06314 SLF 59360 a

1subject to the provisions of paragraph (2) of subsection (a) of
2Section 3-6-3.
3    (D) Upon motion of the State's Attorney, if a defendant
4sentenced under this Section returns to the jurisdiction of the
5United States, the defendant shall be recommitted to the
6custody of the county from which he or she was sentenced.
7Thereafter, the defendant shall be brought before the
8sentencing court, which may impose any sentence that was
9available under Section 5-5-3 at the time of initial
10sentencing. In addition, the defendant shall not be eligible
11for additional earned sentence credit as provided under Section
123-6-3.
13    (m) A person convicted of criminal defacement of property
14under Section 21-1.3 of the Criminal Code of 1961 or the
15Criminal Code of 2012, in which the property damage exceeds
16$300 and the property damaged is a school building, shall be
17ordered to perform community service that may include cleanup,
18removal, or painting over the defacement.
19    (n) The court may sentence a person convicted of a
20violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
21subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
22of 1961 or the Criminal Code of 2012 (i) to an impact
23incarceration program if the person is otherwise eligible for
24that program under Section 5-8-1.1, (ii) to community service,
25or (iii) if the person has a substance use disorder, as defined
26in the Substance Use Disorder Act, to a treatment program

 

 

10100SB0902sam001- 54 -LRB101 06314 SLF 59360 a

1licensed under that Act.
2    (o) Whenever a person is convicted of a sex offense as
3defined in Section 2 of the Sex Offender Registration Act, the
4defendant's driver's license or permit shall be subject to
5renewal on an annual basis in accordance with the provisions of
6license renewal established by the Secretary of State.
7(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
899-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.
91-1-19; 100-987, eff. 7-1-19; revised 10-12-18.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.".