101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1615

 

Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

     Amends the State Finance Act. Creates the Justice Reinvestment Fund in the State treasury. Amends the Criminal Code of 2012. Increases the threshold amounts of value of the property involved that enhances a misdemeanor to a felony or to a greater felony to exceeding $2,500 for theft, retail theft, deceptive practices, criminal damage to property, and criminal defacement of property. Amends the Cannabis Control Act. Provides that the knowing possession of more 10 grams of any substance containing cannabis is a Class A misdemeanor, Amends the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that the knowing possession of these substances, other than anabolic steroids, is a Class A misdemeanor. Amends the Unified Code of Corrections. Provides for the adjustment of sentences as misdemeanors if before the effective date of the amendatory Act these offenses were classified as felonies. Establishes procedures in which an offender sentenced as a felon for these offenses may petition to have his or her sentence reclassified as a misdemeanor. Provides that on or before July 31, 2020, and on or before July 31 of each fiscal year thereafter, the Illinois Sentencing Policy Advisory Council shall calculate the savings that accrued to the State during the fiscal year ending June 30, 2020, as compared to the fiscal year preceding the enactment of this amendatory Act, due to the re-classification of felony offenses as misdemeanors. Provides that on or before August 31, 2020, and before August 31 of each fiscal year thereafter, the Comptroller shall transfer from the General Fund to the Justice Reinvestment Fund 85% of the total savings calculated minus any necessary deductions. Makes other changes.


LRB101 08287 SLF 53354 b

 

 

A BILL FOR

 

SB1615LRB101 08287 SLF 53354 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.891 as follows:
 
6    (30 ILCS 105/5.891 new)
7    Sec. 5.891. The Justice Reinvestment Fund.
 
8    Section 10. The Criminal Code of 2012 is amended by
9changing Sections 16-1, 16-25, 17-1, 21-1, and 21-1.3 as
10follows:
 
11    (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)
12    Sec. 16-1. Theft.
13    (a) A person commits theft when he or she knowingly:
14        (1) Obtains or exerts unauthorized control over
15    property of the owner; or
16        (2) Obtains by deception control over property of the
17    owner; or
18        (3) Obtains by threat control over property of the
19    owner; or
20        (4) Obtains control over stolen property knowing the
21    property to have been stolen or under such circumstances as

 

 

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1    would reasonably induce him or her to believe that the
2    property was stolen; or
3        (5) Obtains or exerts control over property in the
4    custody of any law enforcement agency which any law
5    enforcement officer or any individual acting in behalf of a
6    law enforcement agency explicitly represents to the person
7    as being stolen or represents to the person such
8    circumstances as would reasonably induce the person to
9    believe that the property was stolen, and
10            (A) Intends to deprive the owner permanently of the
11        use or benefit of the property; or
12            (B) Knowingly uses, conceals or abandons the
13        property in such manner as to deprive the owner
14        permanently of such use or benefit; or
15            (C) Uses, conceals, or abandons the property
16        knowing such use, concealment or abandonment probably
17        will deprive the owner permanently of such use or
18        benefit.
19    (b) Sentence.
20        (1) Theft of property not from the person and not
21    exceeding $2,500 $500 in value is a Class A misdemeanor.
22        (1.1) (Blank). Theft of property not from the person
23    and not exceeding $500 in value is a Class 4 felony if the
24    theft was committed in a school or place of worship or if
25    the theft was of governmental property.
26        (2) (Blank). A person who has been convicted of theft

 

 

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1    of property not from the person and not exceeding $500 in
2    value who has been previously convicted of any type of
3    theft, robbery, armed robbery, burglary, residential
4    burglary, possession of burglary tools, home invasion,
5    forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
6    4-103.3 of the Illinois Vehicle Code relating to the
7    possession of a stolen or converted motor vehicle, or a
8    violation of Section 17-36 of the Criminal Code of 1961 or
9    the Criminal Code of 2012, or Section 8 of the Illinois
10    Credit Card and Debit Card Act is guilty of a Class 4
11    felony.
12        (3) (Blank).
13        (4) Theft of property from the person not exceeding
14    $2,500 $500 in value, or theft of property exceeding $500
15    and not exceeding $10,000 in value, is a Class 3 felony.
16        (4.1) (Blank). Theft of property from the person not
17    exceeding $500 in value, or theft of property exceeding
18    $500 and not exceeding $10,000 in value, is a Class 2
19    felony if the theft was committed in a school or place of
20    worship or if the theft was of governmental property.
21        (5) Theft of property exceeding $10,000 and not
22    exceeding $100,000 in value is a Class 2 felony.
23        (5.1) (Blank). Theft of property exceeding $10,000 and
24    not exceeding $100,000 in value is a Class 1 felony if the
25    theft was committed in a school or place of worship or if
26    the theft was of governmental property.

 

 

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1        (6) Theft of property exceeding $100,000 and not
2    exceeding $500,000 in value is a Class 1 felony.
3        (6.1) (Blank). Theft of property exceeding $100,000 in
4    value is a Class X felony if the theft was committed in a
5    school or place of worship or if the theft was of
6    governmental property.
7        (6.2) Theft of property exceeding $500,000 and not
8    exceeding $1,000,000 in value is a Class 1
9    non-probationable felony.
10        (6.3) Theft of property exceeding $1,000,000 in value
11    is a Class X felony.
12        (7) Theft by deception, as described by paragraph (2)
13    of subsection (a) of this Section, in which the offender
14    obtained money or property valued at $5,000 or more from a
15    victim 60 years of age or older is a Class 2 felony.
16        (8) Theft by deception, as described by paragraph (2)
17    of subsection (a) of this Section, in which the offender
18    falsely poses as a landlord or agent or employee of the
19    landlord and obtains a rent payment or a security deposit
20    from a tenant is a Class 3 felony if the rent payment or
21    security deposit obtained does not exceed $500.
22        (9) Theft by deception, as described by paragraph (2)
23    of subsection (a) of this Section, in which the offender
24    falsely poses as a landlord or agent or employee of the
25    landlord and obtains a rent payment or a security deposit
26    from a tenant is a Class 2 felony if the rent payment or

 

 

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1    security deposit obtained exceeds $500 and does not exceed
2    $10,000.
3        (10) Theft by deception, as described by paragraph (2)
4    of subsection (a) of this Section, in which the offender
5    falsely poses as a landlord or agent or employee of the
6    landlord and obtains a rent payment or a security deposit
7    from a tenant is a Class 1 felony if the rent payment or
8    security deposit obtained exceeds $10,000 and does not
9    exceed $100,000.
10        (11) Theft by deception, as described by paragraph (2)
11    of subsection (a) of this Section, in which the offender
12    falsely poses as a landlord or agent or employee of the
13    landlord and obtains a rent payment or a security deposit
14    from a tenant is a Class X felony if the rent payment or
15    security deposit obtained exceeds $100,000.
16    (c) When a charge of theft of property exceeding a
17specified value is brought, the value of the property involved
18is an element of the offense to be resolved by the trier of
19fact as either exceeding or not exceeding the specified value.
20    (d) Theft by lessee; permissive inference. The trier of
21fact may infer evidence that a person intends to deprive the
22owner permanently of the use or benefit of the property (1) if
23a lessee of the personal property of another fails to return it
24to the owner within 10 days after written demand from the owner
25for its return or (2) if a lessee of the personal property of
26another fails to return it to the owner within 24 hours after

 

 

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1written demand from the owner for its return and the lessee had
2presented identification to the owner that contained a
3materially fictitious name, address, or telephone number. A
4notice in writing, given after the expiration of the leasing
5agreement, addressed and mailed, by registered mail, to the
6lessee at the address given by him and shown on the leasing
7agreement shall constitute proper demand.
8    (e) Permissive inference; evidence of intent that a person
9obtains by deception control over property. The trier of fact
10may infer that a person "knowingly obtains by deception control
11over property of the owner" when he or she fails to return,
12within 45 days after written demand from the owner, the
13downpayment and any additional payments accepted under a
14promise, oral or in writing, to perform services for the owner
15for consideration of $3,000 or more, and the promisor knowingly
16without good cause failed to substantially perform pursuant to
17the agreement after taking a down payment of 10% or more of the
18agreed upon consideration. This provision shall not apply where
19the owner initiated the suspension of performance under the
20agreement, or where the promisor responds to the notice within
21the 45-day notice period. A notice in writing, addressed and
22mailed, by registered mail, to the promisor at the last known
23address of the promisor, shall constitute proper demand.
24    (f) Offender's interest in the property.
25        (1) It is no defense to a charge of theft of property
26    that the offender has an interest therein, when the owner

 

 

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1    also has an interest to which the offender is not entitled.
2        (2) Where the property involved is that of the
3    offender's spouse, no prosecution for theft may be
4    maintained unless the parties were not living together as
5    man and wife and were living in separate abodes at the time
6    of the alleged theft.
7(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
896-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff.
91-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150,
10eff. 1-25-13.)
 
11    (720 ILCS 5/16-25)
12    Sec. 16-25. Retail theft.
13    (a) A person commits retail theft when he or she knowingly:
14        (1) Takes possession of, carries away, transfers or
15    causes to be carried away or transferred any merchandise
16    displayed, held, stored or offered for sale in a retail
17    mercantile establishment with the intention of retaining
18    such merchandise or with the intention of depriving the
19    merchant permanently of the possession, use or benefit of
20    such merchandise without paying the full retail value of
21    such merchandise; or
22        (2) Alters, transfers, or removes any label, price tag,
23    marking, indicia of value or any other markings which aid
24    in determining value affixed to any merchandise displayed,
25    held, stored or offered for sale in a retail mercantile

 

 

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1    establishment and attempts to purchase such merchandise at
2    less than the full retail value with the intention of
3    depriving the merchant of the full retail value of such
4    merchandise; or
5        (3) Transfers any merchandise displayed, held, stored
6    or offered for sale in a retail mercantile establishment
7    from the container in or on which such merchandise is
8    displayed to any other container with the intention of
9    depriving the merchant of the full retail value of such
10    merchandise; or
11        (4) Under-rings with the intention of depriving the
12    merchant of the full retail value of the merchandise; or
13        (5) Removes a shopping cart from the premises of a
14    retail mercantile establishment without the consent of the
15    merchant given at the time of such removal with the
16    intention of depriving the merchant permanently of the
17    possession, use or benefit of such cart; or
18        (6) Represents to a merchant that he, she, or another
19    is the lawful owner of property, knowing that such
20    representation is false, and conveys or attempts to convey
21    that property to a merchant who is the owner of the
22    property in exchange for money, merchandise credit or other
23    property of the merchant; or
24        (7) Uses or possesses any theft detection shielding
25    device or theft detection device remover with the intention
26    of using such device to deprive the merchant permanently of

 

 

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1    the possession, use or benefit of any merchandise
2    displayed, held, stored or offered for sale in a retail
3    mercantile establishment without paying the full retail
4    value of such merchandise; or
5        (8) Obtains or exerts unauthorized control over
6    property of the owner and thereby intends to deprive the
7    owner permanently of the use or benefit of the property
8    when a lessee of the personal property of another fails to
9    return it to the owner, or if the lessee fails to pay the
10    full retail value of such property to the lessor in
11    satisfaction of any contractual provision requiring such,
12    within 10 days after written demand from the owner for its
13    return. A notice in writing, given after the expiration of
14    the leasing agreement, by registered mail, to the lessee at
15    the address given by the lessee and shown on the leasing
16    agreement shall constitute proper demand.
17    (b) Theft by emergency exit. A person commits theft by
18emergency exit when he or she commits a retail theft as defined
19in subdivisions (a)(1) through (a)(8) of this Section and to
20facilitate the theft he or she leaves the retail mercantile
21establishment by use of a designated emergency exit.
22    (c) Permissive inference. If any person:
23        (1) conceals upon his or her person or among his or her
24    belongings unpurchased merchandise displayed, held, stored
25    or offered for sale in a retail mercantile establishment;
26    and

 

 

SB1615- 10 -LRB101 08287 SLF 53354 b

1        (2) removes that merchandise beyond the last known
2    station for receiving payments for that merchandise in that
3    retail mercantile establishment,
4then the trier of fact may infer that the person possessed,
5carried away or transferred such merchandise with the intention
6of retaining it or with the intention of depriving the merchant
7permanently of the possession, use or benefit of such
8merchandise without paying the full retail value of such
9merchandise.
10    To "conceal" merchandise means that, although there may be
11some notice of its presence, that merchandise is not visible
12through ordinary observation.
13    (d) Venue. Multiple thefts committed by the same person as
14part of a continuing course of conduct in different
15jurisdictions that have been aggregated in one jurisdiction may
16be prosecuted in any jurisdiction in which one or more of the
17thefts occurred.
18    (e) For the purposes of this Section, "theft detection
19shielding device" means any laminated or coated bag or device
20designed and intended to shield merchandise from detection by
21an electronic or magnetic theft alarm sensor.
22    (f) Sentence.
23        (1) A violation of any of the subdivisions (a)(1)
24    through (a)(6) and (a)(8) of this Section, the full retail
25    value of which does not exceed $2,500 $300 for property
26    other than motor fuel or $150 for motor fuel, is a Class A

 

 

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1    misdemeanor. A violation of subdivision (a)(7) of this
2    Section is a Class A misdemeanor for a first offense and a
3    Class 4 felony for a second or subsequent offense. Theft by
4    emergency exit of property, the full retail value of which
5    does not exceed $300, is a Class 4 felony.
6        (2) (Blank). A person who has been convicted of retail
7    theft of property under any of subdivisions (a)(1) through
8    (a)(6) and (a)(8) of this Section, the full retail value of
9    which does not exceed $300 for property other than motor
10    fuel or $150 for motor fuel, and who has been previously
11    convicted of any type of theft, robbery, armed robbery,
12    burglary, residential burglary, possession of burglary
13    tools, home invasion, unlawful use of a credit card, or
14    forgery is guilty of a Class 4 felony. A person who has
15    been convicted of theft by emergency exit of property, the
16    full retail value of which does not exceed $300, and who
17    has been previously convicted of any type of theft,
18    robbery, armed robbery, burglary, residential burglary,
19    possession of burglary tools, home invasion, unlawful use
20    of a credit card, or forgery is guilty of a Class 3 felony.
21        (3) Any retail theft of property under any of
22    subdivisions (a)(1) through (a)(6) and (a)(8) of this
23    Section, the full retail value of which exceeds $2,500 $300
24    for property other than motor fuel or $150 for motor fuel
25    in a single transaction, or in separate transactions
26    committed by the same person as part of a continuing course

 

 

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1    of conduct from one or more mercantile establishments over
2    a period of one year, is a Class 3 felony. Theft by
3    emergency exit of property, the full retail value of which
4    exceeds $300 in a single transaction, or in separate
5    transactions committed by the same person as part of a
6    continuing course of conduct from one or more mercantile
7    establishments over a period of one year, is a Class 2
8    felony. When a charge of retail theft of property or theft
9    by emergency exit of property, the full value of which
10    exceeds $2,500 $300, is brought, the value of the property
11    involved is an element of the offense to be resolved by the
12    trier of fact as either exceeding or not exceeding $2,500
13    $300.
14(Source: P.A. 97-597, eff. 1-1-12.)
 
15    (720 ILCS 5/17-1)  (from Ch. 38, par. 17-1)
16    Sec. 17-1. Deceptive practices.
 
17(A) General deception.
18    A person commits a deceptive practice when, with intent to
19defraud, the person does any of the following:
20        (1) He or she knowingly causes another, by deception or
21    threat, to execute a document disposing of property or a
22    document by which a pecuniary obligation is incurred.
23        (2) Being an officer, manager or other person
24    participating in the direction of a financial institution,

 

 

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1    he or she knowingly receives or permits the receipt of a
2    deposit or other investment, knowing that the institution
3    is insolvent.
4        (3) He or she knowingly makes a false or deceptive
5    statement addressed to the public for the purpose of
6    promoting the sale of property or services.
 
7(B) Bad checks.
8    A person commits a deceptive practice when:
9        (1) With intent to obtain control over property or to
10    pay for property, labor or services of another, or in
11    satisfaction of an obligation for payment of tax under the
12    Retailers' Occupation Tax Act or any other tax due to the
13    State of Illinois, he or she issues or delivers a check or
14    other order upon a real or fictitious depository for the
15    payment of money, knowing that it will not be paid by the
16    depository. The trier of fact may infer that the defendant
17    knows that the check or other order will not be paid by the
18    depository and that the defendant has acted with intent to
19    defraud when the defendant fails to have sufficient funds
20    or credit with the depository when the check or other order
21    is issued or delivered, or when such check or other order
22    is presented for payment and dishonored on each of 2
23    occasions at least 7 days apart. In this paragraph (B)(1),
24    "property" includes rental property (real or personal).
25        (2) He or she issues or delivers a check or other order

 

 

SB1615- 14 -LRB101 08287 SLF 53354 b

1    upon a real or fictitious depository in an amount exceeding
2    $150 in payment of an amount owed on any credit transaction
3    for property, labor or services, or in payment of the
4    entire amount owed on any credit transaction for property,
5    labor or services, knowing that it will not be paid by the
6    depository, and thereafter fails to provide funds or credit
7    with the depository in the face amount of the check or
8    order within 7 days of receiving actual notice from the
9    depository or payee of the dishonor of the check or order.
 
10(C) Bank-related fraud.
11    (1) False statement.
12    A person commits false statement bank fraud if he or she,
13with intent to defraud, makes or causes to be made any false
14statement in writing in order to obtain an account with a bank
15or other financial institution, or to obtain credit from a bank
16or other financial institution, or to obtain services from a
17currency exchange, knowing such writing to be false, and with
18the intent that it be relied upon.
19    For purposes of this subsection (C), a false statement
20means any false statement representing identity, address, or
21employment, or the identity, address, or employment of any
22person, firm, or corporation.
23    (2) Possession of stolen or fraudulently obtained checks.
24    A person commits possession of stolen or fraudulently
25obtained checks when he or she possesses, with the intent to

 

 

SB1615- 15 -LRB101 08287 SLF 53354 b

1obtain access to funds of another person held in a real or
2fictitious deposit account at a financial institution, makes a
3false statement or a misrepresentation to the financial
4institution, or possesses, transfers, negotiates, or presents
5for payment a check, draft, or other item purported to direct
6the financial institution to withdraw or pay funds out of the
7account holder's deposit account with knowledge that such
8possession, transfer, negotiation, or presentment is not
9authorized by the account holder or the issuing financial
10institution. A person shall be deemed to have been authorized
11to possess, transfer, negotiate, or present for payment such
12item if the person was otherwise entitled by law to withdraw or
13recover funds from the account in question and followed the
14requisite procedures under the law. If the account holder, upon
15discovery of the withdrawal or payment, claims that the
16withdrawal or payment was not authorized, the financial
17institution may require the account holder to submit an
18affidavit to that effect on a form satisfactory to the
19financial institution before the financial institution may be
20required to credit the account in an amount equal to the amount
21or amounts that were withdrawn or paid without authorization.
22    (3) Possession of implements of check fraud.
23    A person commits possession of implements of check fraud
24when he or she possesses, with the intent to defraud and
25without the authority of the account holder or financial
26institution, any check imprinter, signature imprinter, or

 

 

SB1615- 16 -LRB101 08287 SLF 53354 b

1"certified" stamp.
 
2    (D) Sentence.
3        (1) The commission of a deceptive practice in violation
4    of this Section, except as otherwise provided by this
5    subsection (D), is a Class A misdemeanor.
6        (2) For purposes of paragraphs (A)(1) and (B)(1):
7            (a) The commission of a deceptive practice in
8        violation of paragraph (A)(1) or (B)(1), when the value
9        of the property so obtained, in a single transaction or
10        in separate transactions within a 90-day period,
11        exceeds $2,500 $150, is a Class 4 felony. In the case
12        of a prosecution for separate transactions totaling
13        more than $2,500 $150 within a 90-day period, those
14        separate transactions shall be alleged in a single
15        charge and prosecuted in a single prosecution.
16            (b) (Blank). The commission of a deceptive
17        practice in violation of paragraph (B)(1) a second or
18        subsequent time is a Class 4 felony.
19        (3) (Blank). For purposes of paragraph (C)(2), a person
20    who, within any 12-month period, violates paragraph (C)(2)
21    with respect to 3 or more checks or orders for the payment
22    of money at the same time or consecutively, each the
23    property of a different account holder or financial
24    institution, is guilty of a Class 4 felony.
25        (4) (Blank). For purposes of paragraph (C)(3), a person

 

 

SB1615- 17 -LRB101 08287 SLF 53354 b

1    who within any 12-month period violates paragraph (C)(3) as
2    to possession of 3 or more such devices at the same time or
3    consecutively is guilty of a Class 4 felony.
 
4    (E) Civil liability. A person who issues a check or order
5to a payee in violation of paragraph (B)(1) and who fails to
6pay the amount of the check or order to the payee within 30
7days following either delivery and acceptance by the addressee
8of a written demand both by certified mail and by first class
9mail to the person's last known address or attempted delivery
10of a written demand sent both by certified mail and by first
11class mail to the person's last known address and the demand by
12certified mail is returned to the sender with a notation that
13delivery was refused or unclaimed shall be liable to the payee
14or a person subrogated to the rights of the payee for, in
15addition to the amount owing upon such check or order, damages
16of treble the amount so owing, but in no case less than $100
17nor more than $1,500, plus attorney's fees and court costs. An
18action under this subsection (E) may be brought in small claims
19court or in any other appropriate court. As part of the written
20demand required by this subsection (E), the plaintiff shall
21provide written notice to the defendant of the fact that prior
22to the hearing of any action under this subsection (E), the
23defendant may tender to the plaintiff and the plaintiff shall
24accept, as satisfaction of the claim, an amount of money equal
25to the sum of the amount of the check and the incurred court

 

 

SB1615- 18 -LRB101 08287 SLF 53354 b

1costs, including the cost of service of process, and attorney's
2fees.
3(Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11.)
 
4    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
5    Sec. 21-1. Criminal damage to property.
6    (a) A person commits criminal damage to property when he or
7she:
8        (1) knowingly damages any property of another;
9        (2) recklessly by means of fire or explosive damages
10    property of another;
11        (3) knowingly starts a fire on the land of another;
12        (4) knowingly injures a domestic animal of another
13    without his or her consent;
14        (5) knowingly deposits on the land or in the building
15    of another any stink bomb or any offensive smelling
16    compound and thereby intends to interfere with the use by
17    another of the land or building;
18        (6) knowingly damages any property, other than as
19    described in paragraph (2) of subsection (a) of Section
20    20-1, with intent to defraud an insurer;
21        (7) knowingly shoots a firearm at any portion of a
22    railroad train;
23        (8) knowingly, without proper authorization, cuts,
24    injures, damages, defaces, destroys, or tampers with any
25    fire hydrant or any public or private fire fighting

 

 

SB1615- 19 -LRB101 08287 SLF 53354 b

1    equipment, or any apparatus appertaining to fire fighting
2    equipment; or
3        (9) intentionally, without proper authorization, opens
4    any fire hydrant.
5    (b) When the charge of criminal damage to property
6exceeding a specified value is brought, the extent of the
7damage is an element of the offense to be resolved by the trier
8of fact as either exceeding or not exceeding the specified
9value.
10    (c) It is an affirmative defense to a violation of
11paragraph (1), (3), or (5) of subsection (a) of this Section
12that the owner of the property or land damaged consented to the
13damage.
14    (d) Sentence.
15        (1) A violation of subsection (a) shall have the
16    following penalties:
17            (A) A violation of paragraph (8) or (9) is a Class
18        B misdemeanor.
19            (B) A violation of paragraph (1), (2), (3), (5), or
20        (6) is a Class A misdemeanor when the damage to
21        property does not exceed $2,500 $500.
22            (C) (Blank). A violation of paragraph (1), (2),
23        (3), (5), or (6) is a Class 4 felony when the damage to
24        property does not exceed $500 and the damage occurs to
25        property of a school or place of worship or to farm
26        equipment or immovable items of agricultural

 

 

SB1615- 20 -LRB101 08287 SLF 53354 b

1        production, including but not limited to grain
2        elevators, grain bins, and barns or property which
3        memorializes or honors an individual or group of police
4        officers, fire fighters, members of the United States
5        Armed Forces, National Guard, or veterans.
6            (D) A violation of paragraph (4) is a Class A
7        misdemeanor 4 felony when the damage to property does
8        not exceed $10,000.
9            (E) A violation of paragraph (7) is a Class A
10        misdemeanor 4 felony.
11            (F) A violation of paragraph (1), (2), (3), (5) or
12        (6) is a Class 4 felony when the damage to property
13        exceeds $2,500 $500 but does not exceed $10,000.
14            (G) (Blank). A violation of paragraphs (1) through
15        (6) is a Class 3 felony when the damage to property
16        exceeds $500 but does not exceed $10,000 and the damage
17        occurs to property of a school or place of worship or
18        to farm equipment or immovable items of agricultural
19        production, including but not limited to grain
20        elevators, grain bins, and barns or property which
21        memorializes or honors an individual or group of police
22        officers, fire fighters, members of the United States
23        Armed Forces, National Guard, or veterans.
24            (H) A violation of paragraphs (1) through (6) is a
25        Class 3 felony when the damage to property exceeds
26        $10,000 but does not exceed $100,000.

 

 

SB1615- 21 -LRB101 08287 SLF 53354 b

1            (I) (Blank). A violation of paragraphs (1) through
2        (6) is a Class 2 felony when the damage to property
3        exceeds $10,000 but does not exceed $100,000 and the
4        damage occurs to property of a school or place of
5        worship or to farm equipment or immovable items of
6        agricultural production, including but not limited to
7        grain elevators, grain bins, and barns or property
8        which memorializes or honors an individual or group of
9        police officers, fire fighters, members of the United
10        States Armed Forces, National Guard, or veterans.
11            (J) A violation of paragraphs (1) through (6) is a
12        Class 2 felony when the damage to property exceeds
13        $100,000. A violation of paragraphs (1) through (6) is
14        a Class 1 felony when the damage to property exceeds
15        $100,000 and the damage occurs to property of a school
16        or place of worship or to farm equipment or immovable
17        items of agricultural production, including but not
18        limited to grain elevators, grain bins, and barns or
19        property which memorializes or honors an individual or
20        group of police officers, fire fighters, members of the
21        United States Armed Forces, National Guard, or
22        veterans.
23        (2) When the damage to property exceeds $10,000, the
24    court shall impose upon the offender a fine equal to the
25    value of the damages to the property.
26        (3) In addition to any other sentence that may be

 

 

SB1615- 22 -LRB101 08287 SLF 53354 b

1    imposed, a court shall order any person convicted of
2    criminal damage to property to perform community service
3    for not less than 30 and not more than 120 hours, if
4    community service is available in the jurisdiction and is
5    funded and approved by the county board of the county where
6    the offense was committed. In addition, whenever any person
7    is placed on supervision for an alleged offense under this
8    Section, the supervision shall be conditioned upon the
9    performance of the community service.
10        The community service requirement does not apply when
11    the court imposes a sentence of incarceration.
12        (4) In addition to any criminal penalties imposed for a
13    violation of this Section, if a person is convicted of or
14    placed on supervision for knowingly damaging or destroying
15    crops of another, including crops intended for personal,
16    commercial, research, or developmental purposes, the
17    person is liable in a civil action to the owner of any
18    crops damaged or destroyed for money damages up to twice
19    the market value of the crops damaged or destroyed.
20        (5) For the purposes of this subsection (d), "farm
21    equipment" means machinery or other equipment used in
22    farming.
23(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)
 
24    (720 ILCS 5/21-1.3)
25    Sec. 21-1.3. Criminal defacement of property.

 

 

SB1615- 23 -LRB101 08287 SLF 53354 b

1    (a) A person commits criminal defacement of property when
2the person knowingly damages the property of another by
3defacing, deforming, or otherwise damaging the property by the
4use of paint or any other similar substance, or by the use of a
5writing instrument, etching tool, or any other similar device.
6It is an affirmative defense to a violation of this Section
7that the owner of the property damaged consented to such
8damage.
9    (b) Sentence.
10    (1) Criminal defacement of property is a Class A
11misdemeanor for a first offense when the aggregate value of the
12damage to the property does not exceed $2,500 $500. Criminal
13defacement of property is a Class 4 felony when the aggregate
14value of the damage to property does not exceed $500 and the
15property damaged is a school building or place of worship or
16property which memorializes or honors an individual or group of
17police officers, fire fighters, members of the United States
18Armed Forces or National Guard, or veterans. Criminal
19defacement of property is a Class 4 felony for a second or
20subsequent conviction or when the aggregate value of the damage
21to the property exceeds $2,500 $500. Criminal defacement of
22property is a Class 3 felony when the aggregate value of the
23damage to property exceeds $500 and the property damaged is a
24school building or place of worship or property which
25memorializes or honors an individual or group of police
26officers, fire fighters, members of the United States Armed

 

 

SB1615- 24 -LRB101 08287 SLF 53354 b

1Forces or National Guard, or veterans.
2    (2) In addition to any other sentence that may be imposed
3for a violation of this Section, a person convicted of criminal
4defacement of property shall:
5        (A) pay the actual costs incurred by the property owner
6    or the unit of government to abate, remediate, repair, or
7    remove the effect of the damage to the property. To the
8    extent permitted by law, reimbursement for the costs of
9    abatement, remediation, repair, or removal shall be
10    payable to the person who incurred the costs; and
11        (B) (blank). if convicted of criminal defacement of
12    property that is chargeable as a Class 3 or Class 4 felony,
13    pay a mandatory minimum fine of $500.
14    (3) In addition to any other sentence that may be imposed,
15a court shall order any person convicted of criminal defacement
16of property to perform community service for not less than 30
17and not more than 120 hours, if community service is available
18in the jurisdiction. The community service shall include, but
19need not be limited to, the cleanup and repair of the damage to
20property that was caused by the offense, or similar damage to
21property located in the municipality or county in which the
22offense occurred. When the property damaged is a school
23building, the community service may include cleanup, removal,
24or painting over the defacement. In addition, whenever any
25person is placed on supervision for an alleged offense under
26this Section, the supervision shall be conditioned upon the

 

 

SB1615- 25 -LRB101 08287 SLF 53354 b

1performance of the community service.
2    (4) For the purposes of this subsection (b), aggregate
3value shall be determined by adding the value of the damage to
4one or more properties if the offenses were committed as part
5of a single course of conduct.
6(Source: P.A. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13;
798-756, eff. 7-16-14; 99-631, eff. 1-1-17.)
 
8    Section 15. The Cannabis Control Act is amended by changing
9Section 4 as follows:
 
10    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
11    Sec. 4. It is unlawful for any person knowingly to possess
12cannabis. Any person who violates this section with respect to:
13        (a) not more than 10 grams of any substance containing
14    cannabis is guilty of a civil law violation punishable by a
15    minimum fine of $100 and a maximum fine of $200. The
16    proceeds of the fine shall be payable to the clerk of the
17    circuit court. Within 30 days after the deposit of the
18    fine, the clerk shall distribute the proceeds of the fine
19    as follows:
20            (1) $10 of the fine to the circuit clerk and $10 of
21        the fine to the law enforcement agency that issued the
22        citation; the proceeds of each $10 fine distributed to
23        the circuit clerk and each $10 fine distributed to the
24        law enforcement agency that issued the citation for the

 

 

SB1615- 26 -LRB101 08287 SLF 53354 b

1        violation shall be used to defer the cost of automatic
2        expungements under paragraph (2.5) of subsection (a)
3        of Section 5.2 of the Criminal Identification Act;
4            (2) $15 to the county to fund drug addiction
5        services;
6            (3) $10 to the Office of the State's Attorneys
7        Appellate Prosecutor for use in training programs;
8            (4) $10 to the State's Attorney; and
9            (5) any remainder of the fine to the law
10        enforcement agency that issued the citation for the
11        violation.
12        With respect to funds designated for the Department of
13    State Police, the moneys shall be remitted by the circuit
14    court clerk to the Department of State Police within one
15    month after receipt for deposit into the State Police
16    Operations Assistance Fund. With respect to funds
17    designated for the Department of Natural Resources, the
18    Department of Natural Resources shall deposit the moneys
19    into the Conservation Police Operations Assistance Fund;
20        (b) more than 10 grams but not more than 30 grams of
21    any substance containing cannabis is guilty of a Class B
22    misdemeanor;
23        (c) more than 30 grams but not more than 100 grams of
24    any substance containing cannabis is guilty of a Class A
25    misdemeanor; provided, that if any offense under this
26    subsection (c) is a subsequent offense, the offender shall

 

 

SB1615- 27 -LRB101 08287 SLF 53354 b

1    be guilty of a Class 4 felony;
2        (d) more than 100 grams but not more than 500 grams of
3    any substance containing cannabis is guilty of a Class 4
4    felony; provided that if any offense under this subsection
5    (d) is a subsequent offense, the offender shall be guilty
6    of a Class 3 felony;
7        (e) (blank); more than 500 grams but not more than
8    2,000 grams of any substance containing cannabis is guilty
9    of a Class 3 felony;
10        (f) (blank); more than 2,000 grams but not more than
11    5,000 grams of any substance containing cannabis is guilty
12    of a Class 2 felony;
13        (g) (blank); more than 5,000 grams of any substance
14    containing cannabis is guilty of a Class 1 felony.
15(Source: P.A. 99-697, eff. 7-29-16.)
 
16    Section 20. The Illinois Controlled Substances Act is
17amended by changing Section 402 as follows:
 
18    (720 ILCS 570/402)  (from Ch. 56 1/2, par. 1402)
19    Sec. 402. Except as otherwise authorized by this Act, it is
20unlawful for any person knowingly to possess a controlled or
21counterfeit substance or controlled substance analog. A
22violation of this Act with respect to any each of the
23controlled substance substances listed herein constitutes a
24single and separate violation of this Act. For purposes of this

 

 

SB1615- 28 -LRB101 08287 SLF 53354 b

1Section, "controlled substance analog" or "analog" means a
2substance, other than a controlled substance, which is not
3approved by the United States Food and Drug Administration or,
4if approved, is not dispensed or possessed in accordance with
5State or federal law, and that has a chemical structure
6substantially similar to that of a controlled substance in
7Schedule I or II, or that was specifically designed to produce
8an effect substantially similar to that of a controlled
9substance in Schedule I or II. Examples of chemical classes in
10which controlled substance analogs are found include, but are
11not limited to, the following: phenethylamines, N-substituted
12piperidines, morphinans, ecgonines, quinazolinones,
13substituted indoles, and arylcycloalkylamines. For purposes of
14this Act, a controlled substance analog shall be treated in the
15same manner as the controlled substance to which it is
16substantially similar.
17    (a) Any person who violates this Section with respect to
18any controlled substance or counterfeit substance or
19controlled substance analog, with the exception of
20methamphetamine or an anabolic steroid is guilty of a Class A
21misdemeanor. with respect to the following controlled or
22counterfeit substances and amounts, notwithstanding any of the
23provisions of subsections (c) and (d) to the contrary, is
24guilty of a Class 1 felony and shall, if sentenced to a term of
25imprisonment, be sentenced as provided in this subsection (a)
26and fined as provided in subsection (b):

 

 

SB1615- 29 -LRB101 08287 SLF 53354 b

1        (1) (A) not less than 4 years and not more than 15
2        years with respect to 15 grams or more but less than
3        100 grams of a substance containing heroin;
4            (B) not less than 6 years and not more than 30
5        years with respect to 100 grams or more but less than
6        400 grams of a substance containing heroin;
7            (C) not less than 8 years and not more than 40
8        years with respect to 400 grams or more but less than
9        900 grams of any substance containing heroin;
10            (D) not less than 10 years and not more than 50
11        years with respect to 900 grams or more of any
12        substance containing heroin;
13        (2) (A) not less than 4 years and not more than 15
14        years with respect to 15 grams or more but less than
15        100 grams of any substance containing cocaine;
16            (B) not less than 6 years and not more than 30
17        years with respect to 100 grams or more but less than
18        400 grams of any substance containing cocaine;
19            (C) not less than 8 years and not more than 40
20        years with respect to 400 grams or more but less than
21        900 grams of any substance containing cocaine;
22            (D) not less than 10 years and not more than 50
23        years with respect to 900 grams or more of any
24        substance containing cocaine;
25        (3) (A) not less than 4 years and not more than 15
26        years with respect to 15 grams or more but less than

 

 

SB1615- 30 -LRB101 08287 SLF 53354 b

1        100 grams of any substance containing morphine;
2            (B) not less than 6 years and not more than 30
3        years with respect to 100 grams or more but less than
4        400 grams of any substance containing morphine;
5            (C) not less than 6 years and not more than 40
6        years with respect to 400 grams or more but less than
7        900 grams of any substance containing morphine;
8            (D) not less than 10 years and not more than 50
9        years with respect to 900 grams or more of any
10        substance containing morphine;
11        (4) 200 grams or more of any substance containing
12    peyote;
13        (5) 200 grams or more of any substance containing a
14    derivative of barbituric acid or any of the salts of a
15    derivative of barbituric acid;
16        (6) 200 grams or more of any substance containing
17    amphetamine or any salt of an optical isomer of
18    amphetamine;
19        (6.5) (blank);
20        (7) (A) not less than 4 years and not more than 15
21        years with respect to: (i) 15 grams or more but less
22        than 100 grams of any substance containing lysergic
23        acid diethylamide (LSD), or an analog thereof, or (ii)
24        15 or more objects or 15 or more segregated parts of an
25        object or objects but less than 200 objects or 200
26        segregated parts of an object or objects containing in

 

 

SB1615- 31 -LRB101 08287 SLF 53354 b

1        them or having upon them any amount of any substance
2        containing lysergic acid diethylamide (LSD), or an
3        analog thereof;
4            (B) not less than 6 years and not more than 30
5        years with respect to: (i) 100 grams or more but less
6        than 400 grams of any substance containing lysergic
7        acid diethylamide (LSD), or an analog thereof, or (ii)
8        200 or more objects or 200 or more segregated parts of
9        an object or objects but less than 600 objects or less
10        than 600 segregated parts of an object or objects
11        containing in them or having upon them any amount of
12        any substance containing lysergic acid diethylamide
13        (LSD), or an analog thereof;
14            (C) not less than 8 years and not more than 40
15        years with respect to: (i) 400 grams or more but less
16        than 900 grams of any substance containing lysergic
17        acid diethylamide (LSD), or an analog thereof, or (ii)
18        600 or more objects or 600 or more segregated parts of
19        an object or objects but less than 1500 objects or 1500
20        segregated parts of an object or objects containing in
21        them or having upon them any amount of any substance
22        containing lysergic acid diethylamide (LSD), or an
23        analog thereof;
24            (D) not less than 10 years and not more than 50
25        years with respect to: (i) 900 grams or more of any
26        substance containing lysergic acid diethylamide (LSD),

 

 

SB1615- 32 -LRB101 08287 SLF 53354 b

1        or an analog thereof, or (ii) 1500 or more objects or
2        1500 or more segregated parts of an object or objects
3        containing in them or having upon them any amount of a
4        substance containing lysergic acid diethylamide (LSD),
5        or an analog thereof;
6        (7.5) (A) not less than 4 years and not more than 15
7        years with respect to: (i) 15 grams or more but less
8        than 100 grams of any substance listed in paragraph
9        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
10        (20.1), (21), (25), or (26) of subsection (d) of
11        Section 204, or an analog or derivative thereof, or
12        (ii) 15 or more pills, tablets, caplets, capsules, or
13        objects but less than 200 pills, tablets, caplets,
14        capsules, or objects containing in them or having upon
15        them any amount of any substance listed in paragraph
16        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
17        (20.1), (21), (25), or (26) of subsection (d) of
18        Section 204, or an analog or derivative thereof;
19            (B) not less than 6 years and not more than 30
20        years with respect to: (i) 100 grams or more but less
21        than 400 grams of any substance listed in paragraph
22        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
23        (20.1), (21), (25), or (26) of subsection (d) of
24        Section 204, or an analog or derivative thereof, or
25        (ii) 200 or more pills, tablets, caplets, capsules, or
26        objects but less than 600 pills, tablets, caplets,

 

 

SB1615- 33 -LRB101 08287 SLF 53354 b

1        capsules, or objects containing in them or having upon
2        them any amount of any substance listed in paragraph
3        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
4        (20.1), (21), (25), or (26) of subsection (d) of
5        Section 204, or an analog or derivative thereof;
6            (C) not less than 8 years and not more than 40
7        years with respect to: (i) 400 grams or more but less
8        than 900 grams of any substance listed in paragraph
9        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
10        (20.1), (21), (25), or (26) of subsection (d) of
11        Section 204, or an analog or derivative thereof, or
12        (ii) 600 or more pills, tablets, caplets, capsules, or
13        objects but less than 1,500 pills, tablets, caplets,
14        capsules, or objects containing in them or having upon
15        them any amount of any substance listed in paragraph
16        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
17        (20.1), (21), (25), or (26) of subsection (d) of
18        Section 204, or an analog or derivative thereof;
19            (D) not less than 10 years and not more than 50
20        years with respect to: (i) 900 grams or more of any
21        substance listed in paragraph (1), (2), (2.1), (2.2),
22        (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
23        subsection (d) of Section 204, or an analog or
24        derivative thereof, or (ii) 1,500 or more pills,
25        tablets, caplets, capsules, or objects containing in
26        them or having upon them any amount of a substance

 

 

SB1615- 34 -LRB101 08287 SLF 53354 b

1        listed in paragraph (1), (2), (2.1), (2.2), (3),
2        (14.1), (19), (20), (20.1), (21), (25), or (26) of
3        subsection (d) of Section 204, or an analog or
4        derivative thereof;
5        (8) 30 grams or more of any substance containing
6    pentazocine or any of the salts, isomers and salts of
7    isomers of pentazocine, or an analog thereof;
8        (9) 30 grams or more of any substance containing
9    methaqualone or any of the salts, isomers and salts of
10    isomers of methaqualone;
11        (10) 30 grams or more of any substance containing
12    phencyclidine or any of the salts, isomers and salts of
13    isomers of phencyclidine (PCP);
14        (10.5) 30 grams or more of any substance containing
15    ketamine or any of the salts, isomers and salts of isomers
16    of ketamine;
17        (11) 200 grams or more of any substance containing any
18    substance classified as a narcotic drug in Schedules I or
19    II, or an analog thereof, which is not otherwise included
20    in this subsection.
21    (b) (Blank). Any person sentenced with respect to
22violations of paragraph (1), (2), (3), (7), or (7.5) of
23subsection (a) involving 100 grams or more of the controlled
24substance named therein, may in addition to the penalties
25provided therein, be fined an amount not to exceed $200,000 or
26the full street value of the controlled or counterfeit

 

 

SB1615- 35 -LRB101 08287 SLF 53354 b

1substances, whichever is greater. The term "street value" shall
2have the meaning ascribed in Section 110-5 of the Code of
3Criminal Procedure of 1963. Any person sentenced with respect
4to any other provision of subsection (a), may in addition to
5the penalties provided therein, be fined an amount not to
6exceed $200,000.
7    (c) (Blank). Any person who violates this Section with
8regard to an amount of a controlled substance other than
9methamphetamine or counterfeit substance not set forth in
10subsection (a) or (d) is guilty of a Class 4 felony. The fine
11for a violation punishable under this subsection (c) shall not
12be more than $25,000.
13    (d) Any person who violates this Section with regard to any
14amount of anabolic steroid is guilty of a Class C misdemeanor
15for the first offense and a Class B misdemeanor for a
16subsequent offense committed within 2 years of a prior
17conviction.
18(Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18.)
 
19    Section 25. The Methamphetamine Control and Community
20Protection Act is amended by changing Section 60 as follows:
 
21    (720 ILCS 646/60)
22    Sec. 60. Methamphetamine possession.
23    (a) It is unlawful knowingly to possess methamphetamine or
24a substance containing methamphetamine.

 

 

SB1615- 36 -LRB101 08287 SLF 53354 b

1    (b) A person who violates subsection (a) is guilty of a
2Class A misdemeanor. subject to the following penalties:
3        (1) A person who possesses less than 5 grams of
4    methamphetamine or a substance containing methamphetamine
5    is guilty of a Class 3 felony.
6        (2) A person who possesses 5 or more grams but less
7    than 15 grams of methamphetamine or a substance containing
8    methamphetamine is guilty of a Class 2 felony.
9        (3) A person who possesses 15 or more grams but less
10    than 100 grams of methamphetamine or a substance containing
11    methamphetamine is guilty of a Class 1 felony.
12        (4) A person who possesses 100 or more grams but less
13    than 400 grams of methamphetamine or a substance containing
14    methamphetamine is guilty of a Class X felony, subject to a
15    term of imprisonment of not less than 6 years and not more
16    than 30 years, and subject to a fine not to exceed
17    $100,000.
18        (5) A person who possesses 400 or more grams but less
19    than 900 grams of methamphetamine or a substance containing
20    methamphetamine is guilty of a Class X felony, subject to a
21    term of imprisonment of not less than 8 years and not more
22    than 40 years, and subject to a fine not to exceed
23    $200,000.
24        (6) A person who possesses 900 or more grams of
25    methamphetamine or a substance containing methamphetamine
26    is guilty of a Class X felony, subject to a term of

 

 

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1    imprisonment of not less than 10 years and not more than 50
2    years, and subject to a fine not to exceed $300,000.
3(Source: P.A. 94-556, eff. 9-11-05.)
 
4    Section 30. The Unified Code of Corrections is amended by
5adding Sections 5-9-5 and 8-7-1 as follows:
 
6    (730 ILCS 5/5-9-5 new)
7    Sec. 5-9-5. Resentencing as misdemeanants.
8    (a) In the case of a person who is facing criminal charges
9for an offense committed before the effective date of this
10amendatory Act of the 101st General Assembly that would have
11qualified as a felony under Section 16-1, 16-25, 17-1, 21-1, or
1221-1.3 of the Criminal Code of 1961 or the Criminal Code of
132012, the Cannabis Control Act, the Illinois Controlled
14Substances Act, or the Methamphetamine Control and Community
15Protection Act at the time it was committed, but the person has
16not been sentenced by the time this amendatory Act of the 101st
17General Assembly takes effect and this amendatory Act of the
18101st General Assembly reclassifies the offense as a
19misdemeanor, the sentencing court shall sentence the defendant
20based on the amended penalties under the Criminal Code of 2012,
21the Cannabis Control Act, the Illinois Controlled Substances
22Act, or the Methamphetamine Control and Community Protection
23Act.
24    (b) In the case of a person who is, at the time of the

 

 

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1effective date of this amendatory Act of the 101st General
2Assembly, incarcerated for a felony offense under Section 16-1,
316-25, 17-1, 21-1, or 21-1.3 of the Criminal Code of 1961 or
4the Criminal Code of 2012, the Cannabis Control Act, the
5Illinois Controlled Substances Act, or the Methamphetamine
6Control and Community Protection Act that has been subsequently
7reclassified as a misdemeanor, the sentencing court, the
8Director of Corrections, or the incarcerated person may make a
9motion to recall the original sentence issued and re-sentence
10the person to a misdemeanor under the amended penalties under
11the Criminal Code of 2012, the Cannabis Control Act, the
12Illinois Controlled Substances Act, or the Methamphetamine
13Control and Community Protection Act. The sentencing court
14shall determine whether the petitioner qualifies for
15resentencing as a result of the reclassification of felony
16offenses as misdemeanors under this amendatory Act of the 101st
17General Assembly. If the petitioner qualifies for
18resentencing, the petitioner's felony sentence shall be
19recalled and the petitioner shall be re-sentenced to a
20misdemeanor under Section 16-1, 16-25, 17-1, 21-1, or 21-1.3 of
21the Criminal Code of 2012, the Cannabis Control Act, the
22Illinois Controlled Substances Act, or the Methamphetamine
23Control and Community Protection Act as amended by this
24amendatory Act of the 101st General Assembly, unless the court,
25in its discretion, determines that re-sentencing the
26petitioner would pose an unreasonable risk of danger to public

 

 

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1safety. Under no circumstances shall re-sentencing result in a
2sentence that is longer than the original sentence.
3    (c) In the case of a person who has completed his or her
4sentence for a felony conviction under Section 16-1, 16-25,
517-1, 21-1, or 21-1.3 of the Criminal Code of 1961 or the
6Criminal Code of 2012, the Cannabis Control Act, the Illinois
7Controlled Substances Act, or the Methamphetamine Control and
8Community Protection Act that is reclassified as a misdemeanor
9by this amendatory Act of the 101st General Assembly, he or she
10may apply to have the felony conviction designated as a
11misdemeanor, or the sentencing court or Director of Corrections
12may make a motion to have the felony conviction designated as a
13misdemeanor. All sentencing courts throughout this State shall
14provide applications for this purpose. If the court finds that
15the felony conviction was for an offense that has been
16reclassified as a misdemeanor by this amendatory Act of the
17101st General Assembly, the court shall designate that the
18conviction was for a misdemeanor.
19    (d) If the original sentencing court is not available for
20re-sentencing under subsections (b) and (c), the presiding
21judge shall designate another judge to rule on the motion or
22application.
23    (e) Nothing in subsections (a) through (d) is intended to
24diminish or abrogate any rights or remedies otherwise available
25to the petitioner or applicant, or to the victims of the crimes
26that resulted in the felony convictions at issue.
 

 

 

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1    (730 ILCS 5/8-7-1 new)
2    Sec. 8-7-1. Purpose.
3    (a) From 1982 to 2013, Illinois' incarcerated population
4nearly tripled, with much of the expansion caused by the
5increased criminalization of poverty and the
6disproportionately aggressive enforcement of criminal laws
7within communities of color. These trends resulted in justice
8expenditures more than doubling, in real dollars, during this
9period. The General Assembly hereby declares it a priority to
10right-size our justice system and realign our spending
11priorities to maximize public health and safety. Through the
12creation of the Justice Reinvestment Fund in the State
13treasury, a substantial portion of the savings realized from
14reducing our incarceration rate by reclassifying a series of
15non-violent felony offenses as misdemeanors will be reinvested
16in addressing the root causes of crime, violence, and
17recidivism. Among a wide range of positive effects, this
18initiative will create substantially healthier and safer
19communities across the State by:
20        (1) addressing the destabilizing effects that high
21    incarceration rates have had on families and communities;
22        (2) targeting the community conditions that perpetuate
23    the cycle of crime; and
24        (3) providing formerly incarcerated persons a better
25    chance to succeed outside of prison.

 

 

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1    (b) On or before July 31, 2020, and on or before July 31 of
2each fiscal year thereafter, the Illinois Sentencing Policy
3Advisory Council shall calculate the savings that accrued to
4the State during the fiscal year ending June 30, 2020, as
5compared to the fiscal year preceding the enactment of this
6amendatory Act of the 101st General Assembly, due to the
7re-classification of felony offenses under Sections 16-1,
816-25, 17-1, 21-1, and 21-1.3 of the Criminal Code of 2012, the
9Cannabis Control Act, the Illinois Controlled Substances Act,
10and the Methamphetamine Control and Community Protection Act as
11misdemeanors. The savings calculation shall be solely based on:
12        (1) the number of persons incarcerated in a Department
13    of Corrections facility during the fiscal year ending June
14    30, 2019 for the offenses that have been reclassified as
15    misdemeanors by this amendatory Act of the 101st General
16    Assembly compared to the number of persons incarcerated for
17    those same offenses in a Department of Corrections facility
18    during the fiscal year for which the calculation is being
19    made;
20        (2) the average length of stay in Department of
21    Corrections facilities for these offenses before they were
22    reclassified as misdemeanors;
23        (3) the marginal cost per inmate per year; and
24        (4) any reduction in fixed costs, overhead costs, or
25    administrative costs due to the closing of a Department of
26    Corrections facility, or portion of a Department of

 

 

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1    Corrections facility, as a result of this amendatory Act of
2    the 101st General Assembly.
3    In making the calculations required by this subsection (b),
4the Illinois Sentencing Policy Advisory Council shall use
5actual data or best available estimates where actual data is
6not available. The calculations shall be final and shall not be
7adjusted for any subsequent changes in the underlying data. The
8State Comptroller shall certify the results of the calculation
9no later than August 15 of each fiscal year.
10    (c) On or before August 31, 2020, and before August 31 of
11each fiscal year thereafter, the Comptroller shall transfer
12from the General Fund to the Justice Reinvestment Fund 85% of
13the total savings calculated under subsection (b) minus any
14necessary deductions under subsections (m) and (n).
15    (d) Funds in the Justice Reinvestment Fund shall be
16continuously appropriated for the purposes of this amendatory
17Act. Funds transferred to the Justice Reinvestment Fund shall
18be used exclusively for the purposes of this amendatory Act of
19the 101st General Assembly and shall not be subject to
20appropriation or transfer by the General Assembly for any other
21purpose. The funds in the Justice Reinvestment Fund may be used
22without regard to fiscal year.
23    (e) On or before April 30, 2020, the Illinois Sentencing
24Policy Advisory Council shall calculate, for each county in the
25State, the 3-year average of the number of residents of that
26county who were incarcerated within a State prison for felony

 

 

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1offenses under Sections 16-1, 16-25, 17-1, 21-1, and 21-1.3 of
2the Criminal Code of 1961 or the Criminal Code of 2012, the
3Cannabis Control Act, the Illinois Controlled Substances Act,
4and the Methamphetamine Control and Community Protection Act
5that are re-classified as misdemeanors by this amendatory Act
6of the 101st General Assembly. The 3-year average shall be
7based on the fiscal years ending June 30, 2017; June 30, 2018;
8and June 30, 2019.
9    (f) On or before April 30, 2020, the Illinois Sentencing
10Policy Advisory Council shall calculate, for the entire State,
11the 3-year average of the number of persons who were
12incarcerated within a State prison for felony offenses under
13Sections 16-1, 16-25, 17-1, 21-1, and 21-1.3 of the Criminal
14Code of 1961 or the Criminal Code of 2012, the Cannabis Control
15Act, the Illinois Controlled Substances Act, and the
16Methamphetamine Control and Community Protection Act that are
17re-classified as misdemeanors by this amendatory Act of the
18101st General Assembly. The 3-year average shall be based on
19the fiscal years ending June 30, 2017; June 30, 2018; and June
2030, 2019.
21    (g) The Justice Reinvestment Fund shall be administered by
22the Department of Human Services, and each county shall be
23entitled to a proportionate share of the annual funds available
24provided it meets the criteria described in subsection (h) of
25this Section. For the fiscal year ending on June 30, 2020, each
26county's proportionate share shall be based on their

 

 

SB1615- 44 -LRB101 08287 SLF 53354 b

1contribution to the total number of persons who have
2pre-existing felony convictions at the time of enactment of
3this amendatory Act of the 101st General Assembly that are
4re-sentenced or designated as misdemeanors under Section 5-9-5
5of this Code by June 30, 2020. For each fiscal year thereafter,
6each county's share of available funds shall be determined by
7their 3-year average calculated in subsection (e) as a
8percentage of the 3-year average for the State calculated in
9subsection (f).
10    (h) To receive funds under this Section, counties must meet
11the following criteria:
12        (1) They must submit an annual application in which
13    they specify how they will use the funds to improve public
14    health and safety through creating or expanding one or more
15    of the following:
16            (A) living-wage job opportunities;
17            (B) training programs for jobs that pay a living
18        wage;
19            (C) drug treatment services;
20            (D) mental health services, including trauma
21        recovery services for crime victims;
22            (E) afterschool programs for children and youth;
23            (F) pre-k programs;
24            (G) summer and year-round jobs for youth;
25            (H) affordable housing opportunities;
26            (I) alternatives to justice-system involvement

 

 

SB1615- 45 -LRB101 08287 SLF 53354 b

1        within schools and throughout the community, including
2        but not limited to restorative justice programs and
3        increased use of social workers, psychologists,
4        conflict mediators, mental health counselors, and drug
5        treatment counselors to address low-level offenses.
6        (2) The application must specify how the funds will be
7    directed toward one or more of the following:
8            (A) The neighborhoods in the county that have the
9        largest number of residents in jail or prison;
10            (B) The neighborhoods in the county that have the
11        largest number of crime victims;
12            (C) Formerly incarcerated persons who are
13        re-entering the county from prison.
14    (i) Counties shall not use the funds to supplant existing
15funds in the chosen programmatic areas.
16    (j) Counties receiving funds shall submit an annual report
17to the Department of Human Services detailing the uses of the
18funds and the impact they have had on public health and safety.
19The Department of Human Services shall provide a summary report
20to the Governor and the General Assembly on an annual basis.
21    (k) Funds left unclaimed due to a qualifying county failing
22to submit an application or meet the specified criteria shall
23be reallocated to the remaining counties on a proportionate
24basis, based on the same proportion used in subsection (g)
25while excluding the non-participating county or counties.
26    (l) The Comptroller shall annually conduct a randomized

 

 

SB1615- 46 -LRB101 08287 SLF 53354 b

1audit of up to 10% of the counties receiving grants to ensure
2the funds are disbursed and expended in accordance with the
3requirements specified in this Section. The Comptroller shall
4report his or her findings to the General Assembly and the
5public.
6    (m) Any costs incurred by the Comptroller and the Illinois
7Sentencing Policy Advisory Council in connection with the
8fulfillment of its duties described in this Section shall be
9deducted from the Justice Reinvestment Fund before the funds
10are disbursed under subsection (c).
11    (n) Beginning with the fiscal year ending June 30, 2020,
12the Illinois Sentencing Policy Advisory Council shall deduct
13any additional costs incurred by the State court system in
14fulfilling its duties under Section 5-9-5 during the preceding
15year from the Justice Reinvestment Fund before the funds are
16disbursed under subsection (c). The administrative costs shall
17not account for more than 10% of the total funds to be
18deposited into the Justice Reinvestment Fund for the fiscal
19year ending June 30, 2020, and shall not account for more than
205% of the total funds to be deposited into the Justice
21Reinvestment Fund for each fiscal year thereafter.
22    (o) Any administrative costs incurred by the Department of
23Human Services in fulfilling its duties under this amendatory
24Act shall be deducted from the available pool of funds. The
25administrative costs shall not account for more than 5% of the
26total funds deposited into the Justice Reinvestment Fund each

 

 

SB1615- 47 -LRB101 08287 SLF 53354 b

1year.

 

 

SB1615- 48 -LRB101 08287 SLF 53354 b

1 INDEX
2 Statutes amended in order of appearance
3    30 ILCS 105/5.891 new
4    720 ILCS 5/16-1from Ch. 38, par. 16-1
5    720 ILCS 5/16-25
6    720 ILCS 5/17-1from Ch. 38, par. 17-1
7    720 ILCS 5/21-1from Ch. 38, par. 21-1
8    720 ILCS 5/21-1.3
9    720 ILCS 550/4from Ch. 56 1/2, par. 704
10    720 ILCS 570/402from Ch. 56 1/2, par. 1402
11    720 ILCS 646/60
12    730 ILCS 5/5-9-5 new
13    730 ILCS 5/8-7-1 new