101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1971

 

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

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Counties Code. Provides that in a county exceeding a population of 3,000,000, if the court determines that the appointment of a special prosecutor is required because the State's Attorney is sick, absent, or unable to fulfill his or her duties or has a conflict of interest, the court shall request the Office of the State's Attorneys Appellate Prosecutor to serve as the special prosecutor where the cause or proceeding is an officer-involved death. Amends the Criminal Code of 2012. Increases the threshold amount of theft not from the person and retail theft that enhances the offense from a misdemeanor to a felony to $2,000. Amends the Cannabis Control Act, the Illinois Controlled Substances Act, the Drug Paraphernalia Control Act, the Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections. Lowers penalties for the manufacture, delivery, possession with intent to manufacture or deliver, and trafficking and possession of cannabis, controlled substances, and methamphetamine. Amends the Unified Code of Corrections. Makes changes in eligibility for the Offender Initiative Program and the Second Chance Probation Program. Increases the maximum amount of sentence credit that a prisoner may receive for various offenses from 4.5 to 8.5 (from 7.5 to 10.5 for gunrunning, drug-induced homicide, or aggravated methamphetamine-related child endangerment) days of sentence credit for each month of his or her sentence of imprisonment. Reduces the mandatory supervised release term for Class X, 1, and 2 felonies other than certain sex offenses to 18 months. Makes other changes.


LRB101 08001 SLF 53058 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1971LRB101 08001 SLF 53058 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 3. The Counties Code is amended by changing Section
53-9008 as follows:
 
6    (55 ILCS 5/3-9008)  (from Ch. 34, par. 3-9008)
7    Sec. 3-9008. Appointment of attorney to perform duties.
8    (a) (Blank).
9    (a-5) The court on its own motion, or an interested person
10in a cause or proceeding, civil or criminal, may file a
11petition alleging that the State's Attorney is sick, absent, or
12unable to fulfill his or her duties. The court shall consider
13the petition, any documents filed in response, and if
14necessary, grant a hearing to determine whether the State's
15Attorney is sick, absent, or otherwise unable to fulfill his or
16her duties. If the court finds that the State's Attorney is
17sick, absent, or otherwise unable to fulfill his or her duties,
18the court may appoint some competent attorney to prosecute or
19defend the cause or proceeding.
20    (a-10) The court on its own motion, or an interested person
21in a cause or proceeding, civil or criminal, may file a
22petition alleging that the State's Attorney has an actual
23conflict of interest in the cause or proceeding. The court

 

 

SB1971- 2 -LRB101 08001 SLF 53058 b

1shall consider the petition, any documents filed in response,
2and if necessary, grant a hearing to determine whether the
3State's Attorney has an actual conflict of interest in the
4cause or proceeding. If the court finds that the petitioner has
5proven by sufficient facts and evidence that the State's
6Attorney has an actual conflict of interest in a specific case,
7the court may appoint some competent attorney to prosecute or
8defend the cause or proceeding.
9    (a-15) Notwithstanding subsections (a-5) and (a-10) of
10this Section, the State's Attorney may file a petition to
11recuse himself or herself from a cause or proceeding for any
12other reason he or she deems appropriate and the court shall
13appoint a special prosecutor as provided in this Section.
14    (a-17) In a county exceeding a population of 3,000,000, if
15the court determines that the appointment of a special
16prosecutor is required under subsection (a-10) or (a-15), the
17court shall request the Office of the State's Attorneys
18Appellate Prosecutor to serve as the special prosecutor where
19the cause or proceeding is an officer-involved death, as that
20term is defined in Section 1-5 of the Police and Community
21Relations Improvement Act. If the Office of the State's
22Attorneys Appellate Prosecutor accepts the request, the Office
23of the State's Attorneys Appellate Prosecutor shall be
24appointed by the court and shall have the same power and
25authority in relation to the cause or proceeding as the State's
26Attorney would have had if present and attending to the cause

 

 

SB1971- 3 -LRB101 08001 SLF 53058 b

1or proceedings.
2    (a-20) Except as provided in subsection (a-17), prior Prior
3to appointing a private attorney under this Section, the court
4shall contact public agencies, including, but not limited to,
5the Office of Attorney General, Office of the State's Attorneys
6Appellate Prosecutor, or local State's Attorney's Offices
7throughout the State, to determine a public prosecutor's
8availability to serve as a special prosecutor at no cost to the
9county and shall appoint a public agency if they are able and
10willing to accept the appointment. An attorney so appointed
11shall have the same power and authority in relation to the
12cause or proceeding as the State's Attorney would have if
13present and attending to the cause or proceedings.
14    (b) In case of a vacancy of more than one year occurring in
15any county in the office of State's attorney, by death,
16resignation or otherwise, and it becomes necessary for the
17transaction of the public business, that some competent
18attorney act as State's attorney in and for such county during
19the period between the time of the occurrence of such vacancy
20and the election and qualification of a State's attorney, as
21provided by law, the vacancy shall be filled upon the written
22request of a majority of the circuit judges of the circuit in
23which is located the county where such vacancy exists, by
24appointment as provided in The Election Code of some competent
25attorney to perform and discharge all the duties of a State's
26attorney in the said county, such appointment and all authority

 

 

SB1971- 4 -LRB101 08001 SLF 53058 b

1thereunder to cease upon the election and qualification of a
2State's attorney, as provided by law. Any attorney appointed
3for any reason under this Section shall possess all the powers
4and discharge all the duties of a regularly elected State's
5attorney under the laws of the State to the extent necessary to
6fulfill the purpose of such appointment, and shall be paid by
7the county he serves not to exceed in any one period of 12
8months, for the reasonable amount of time actually expended in
9carrying out the purpose of such appointment, the same
10compensation as provided by law for the State's attorney of the
11county, apportioned, in the case of lesser amounts of
12compensation, as to the time of service reasonably and actually
13expended. The county shall participate in all agreements on the
14rate of compensation of a special prosecutor.
15    (c) An order granting authority to a special prosecutor
16must be construed strictly and narrowly by the court. The power
17and authority of a special prosecutor shall not be expanded
18without prior notice to the county. In the case of the proposed
19expansion of a special prosecutor's power and authority, a
20county may provide the court with information on the financial
21impact of an expansion on the county. Prior to the signing of
22an order requiring a county to pay for attorney's fees or
23litigation expenses, the county shall be provided with a
24detailed copy of the invoice describing the fees, and the
25invoice shall include all activities performed in relation to
26the case and the amount of time spent on each activity.

 

 

SB1971- 5 -LRB101 08001 SLF 53058 b

1(Source: P.A. 99-352, eff. 1-1-16.)
 
2    Section 5. The Criminal Code of 2012 is amended by changing
3Sections 16-1 and 16-25 as follows:
 
4    (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)
5    Sec. 16-1. Theft.
6    (a) A person commits theft when he or she knowingly:
7        (1) Obtains or exerts unauthorized control over
8    property of the owner; or
9        (2) Obtains by deception control over property of the
10    owner; or
11        (3) Obtains by threat control over property of the
12    owner; or
13        (4) Obtains control over stolen property knowing the
14    property to have been stolen or under such circumstances as
15    would reasonably induce him or her to believe that the
16    property was stolen; or
17        (5) Obtains or exerts control over property in the
18    custody of any law enforcement agency which any law
19    enforcement officer or any individual acting in behalf of a
20    law enforcement agency explicitly represents to the person
21    as being stolen or represents to the person such
22    circumstances as would reasonably induce the person to
23    believe that the property was stolen, and
24            (A) Intends to deprive the owner permanently of the

 

 

SB1971- 6 -LRB101 08001 SLF 53058 b

1        use or benefit of the property; or
2            (B) Knowingly uses, conceals or abandons the
3        property in such manner as to deprive the owner
4        permanently of such use or benefit; or
5            (C) Uses, conceals, or abandons the property
6        knowing such use, concealment or abandonment probably
7        will deprive the owner permanently of such use or
8        benefit.
9    (b) Sentence.
10        (1) Theft of property not from the person and not
11    exceeding $2,000 $500 in value is a Class A misdemeanor.
12        (1.1) Theft of property not from the person and not
13    exceeding $2,000 $500 in value is a Class 4 felony if the
14    theft was committed in a school or place of worship or if
15    the theft was of governmental property.
16        (2) A person who has been convicted of theft of
17    property not from the person and not exceeding $2,000 $500
18    in value who has been previously convicted of felony any
19    type of theft, robbery, armed robbery, burglary,
20    residential burglary, possession of burglary tools, home
21    invasion, forgery, a violation of Section 4-103, 4-103.1,
22    4-103.2, or 4-103.3 of the Illinois Vehicle Code relating
23    to the possession of a stolen or converted motor vehicle,
24    or a violation of Section 17-36 of the Criminal Code of
25    1961 or the Criminal Code of 2012, or Section 8 of the
26    Illinois Credit Card and Debit Card Act is guilty of a

 

 

SB1971- 7 -LRB101 08001 SLF 53058 b

1    Class 4 felony.
2        (3) (Blank).
3        (4) Theft of property from the person not exceeding
4    $500 in value, or theft of property exceeding $2,000 $500
5    and not exceeding $10,000 in value, is a Class 3 felony.
6        (4.1) Theft of property from the person not exceeding
7    $500 in value, or theft of property exceeding $2,000 $500
8    and not exceeding $10,000 in value, is a Class 2 felony if
9    the theft was committed in a school or place of worship or
10    if the theft was of governmental property.
11        (5) Theft of property exceeding $10,000 and not
12    exceeding $100,000 in value is a Class 2 felony.
13        (5.1) Theft of property exceeding $10,000 and not
14    exceeding $100,000 in value is a Class 1 felony if the
15    theft was committed in a school or place of worship or if
16    the theft was of governmental property.
17        (6) Theft of property exceeding $100,000 and not
18    exceeding $500,000 in value is a Class 1 felony.
19        (6.1) Theft of property exceeding $100,000 in value is
20    a Class X felony if the theft was committed in a school or
21    place of worship or if the theft was of governmental
22    property.
23        (6.2) Theft of property exceeding $500,000 and not
24    exceeding $1,000,000 in value is a Class 1
25    non-probationable felony.
26        (6.3) Theft of property exceeding $1,000,000 in value

 

 

SB1971- 8 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 9 -LRB101 08001 SLF 53058 b

1    of subsection (a) of this Section, in which the offender
2    falsely poses as a landlord or agent or employee of the
3    landlord and obtains a rent payment or a security deposit
4    from a tenant is a Class X felony if the rent payment or
5    security deposit obtained exceeds $100,000.
6    (c) When a charge of theft of property exceeding a
7specified value is brought, the value of the property involved
8is an element of the offense to be resolved by the trier of
9fact as either exceeding or not exceeding the specified value.
10    (d) Theft by lessee; permissive inference. The trier of
11fact may infer evidence that a person intends to deprive the
12owner permanently of the use or benefit of the property (1) if
13a lessee of the personal property of another fails to return it
14to the owner within 10 days after written demand from the owner
15for its return or (2) if a lessee of the personal property of
16another fails to return it to the owner within 24 hours after
17written demand from the owner for its return and the lessee had
18presented identification to the owner that contained a
19materially fictitious name, address, or telephone number. A
20notice in writing, given after the expiration of the leasing
21agreement, addressed and mailed, by registered mail, to the
22lessee at the address given by him and shown on the leasing
23agreement shall constitute proper demand.
24    (e) Permissive inference; evidence of intent that a person
25obtains by deception control over property. The trier of fact
26may infer that a person "knowingly obtains by deception control

 

 

SB1971- 10 -LRB101 08001 SLF 53058 b

1over property of the owner" when he or she fails to return,
2within 45 days after written demand from the owner, the
3downpayment and any additional payments accepted under a
4promise, oral or in writing, to perform services for the owner
5for consideration of $3,000 or more, and the promisor knowingly
6without good cause failed to substantially perform pursuant to
7the agreement after taking a down payment of 10% or more of the
8agreed upon consideration. This provision shall not apply where
9the owner initiated the suspension of performance under the
10agreement, or where the promisor responds to the notice within
11the 45-day notice period. A notice in writing, addressed and
12mailed, by registered mail, to the promisor at the last known
13address of the promisor, shall constitute proper demand.
14    (f) Offender's interest in the property.
15        (1) It is no defense to a charge of theft of property
16    that the offender has an interest therein, when the owner
17    also has an interest to which the offender is not entitled.
18        (2) Where the property involved is that of the
19    offender's spouse, no prosecution for theft may be
20    maintained unless the parties were not living together as
21    man and wife and were living in separate abodes at the time
22    of the alleged theft.
23(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
2496-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff.
251-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150,
26eff. 1-25-13.)
 

 

 

SB1971- 11 -LRB101 08001 SLF 53058 b

1    (720 ILCS 5/16-25)
2    Sec. 16-25. Retail theft.
3    (a) A person commits retail theft when he or she knowingly:
4        (1) Takes possession of, carries away, transfers or
5    causes to be carried away or transferred any merchandise
6    displayed, held, stored or offered for sale in a retail
7    mercantile establishment with the intention of retaining
8    such merchandise or with the intention of depriving the
9    merchant permanently of the possession, use or benefit of
10    such merchandise without paying the full retail value of
11    such merchandise; or
12        (2) Alters, transfers, or removes any label, price tag,
13    marking, indicia of value or any other markings which aid
14    in determining value affixed to any merchandise displayed,
15    held, stored or offered for sale in a retail mercantile
16    establishment and attempts to purchase such merchandise at
17    less than the full retail value with the intention of
18    depriving the merchant of the full retail value of such
19    merchandise; or
20        (3) Transfers any merchandise displayed, held, stored
21    or offered for sale in a retail mercantile establishment
22    from the container in or on which such merchandise is
23    displayed to any other container with the intention of
24    depriving the merchant of the full retail value of such
25    merchandise; or

 

 

SB1971- 12 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 13 -LRB101 08001 SLF 53058 b

1    satisfaction of any contractual provision requiring such,
2    within 10 days after written demand from the owner for its
3    return. A notice in writing, given after the expiration of
4    the leasing agreement, by registered mail, to the lessee at
5    the address given by the lessee and shown on the leasing
6    agreement shall constitute proper demand.
7    (b) Theft by emergency exit. A person commits theft by
8emergency exit when he or she commits a retail theft as defined
9in subdivisions (a)(1) through (a)(8) of this Section and to
10facilitate the theft he or she leaves the retail mercantile
11establishment by use of a designated emergency exit.
12    (c) Permissive inference. If any person:
13        (1) conceals upon his or her person or among his or her
14    belongings unpurchased merchandise displayed, held, stored
15    or offered for sale in a retail mercantile establishment;
16    and
17        (2) removes that merchandise beyond the last known
18    station for receiving payments for that merchandise in that
19    retail mercantile establishment,
20then the trier of fact may infer that the person possessed,
21carried away or transferred such merchandise with the intention
22of retaining it or with the intention of depriving the merchant
23permanently of the possession, use or benefit of such
24merchandise without paying the full retail value of such
25merchandise.
26    To "conceal" merchandise means that, although there may be

 

 

SB1971- 14 -LRB101 08001 SLF 53058 b

1some notice of its presence, that merchandise is not visible
2through ordinary observation.
3    (d) Venue. Multiple thefts committed by the same person as
4part of a continuing course of conduct in different
5jurisdictions that have been aggregated in one jurisdiction may
6be prosecuted in any jurisdiction in which one or more of the
7thefts occurred.
8    (e) For the purposes of this Section, "theft detection
9shielding device" means any laminated or coated bag or device
10designed and intended to shield merchandise from detection by
11an electronic or magnetic theft alarm sensor.
12    (f) Sentence.
13        (1) A violation of any of subdivisions (a)(1) through
14    (a)(6) and (a)(8) of this Section, the full retail value of
15    which does not exceed $2,000 $300 for property other than
16    motor fuel or $150 for motor fuel, is a Class A
17    misdemeanor. A violation of subdivision (a)(7) of this
18    Section is a Class A misdemeanor for a first offense and a
19    Class 4 felony for a second or subsequent offense. Theft by
20    emergency exit of property, the full retail value of which
21    does not exceed $2,000 $300, is a Class 4 felony.
22        (2) A person who has been convicted of retail theft of
23    property under any of subdivisions (a)(1) through (a)(6)
24    and (a)(8) of this Section, the full retail value of which
25    does not exceed $2,000 $300 for property other than motor
26    fuel or $150 for motor fuel, and who has been previously

 

 

SB1971- 15 -LRB101 08001 SLF 53058 b

1    convicted of any type of theft, robbery, armed robbery,
2    burglary, residential burglary, possession of burglary
3    tools, home invasion, unlawful use of a credit card, or
4    forgery is guilty of a Class 4 felony. A person who has
5    been convicted of theft by emergency exit of property, the
6    full retail value of which does not exceed $2,000 $300, and
7    who has been previously convicted of felony any type of
8    theft, robbery, armed robbery, burglary, residential
9    burglary, possession of burglary tools, home invasion,
10    unlawful use of a credit card, or forgery is guilty of a
11    Class 3 felony.
12        (3) Any retail theft of property under any of
13    subdivisions (a)(1) through (a)(6) and (a)(8) of this
14    Section, the full retail value of which exceeds $2,000 $300
15    for property other than motor fuel or $150 for motor fuel
16    in a single transaction, or in separate transactions
17    committed by the same person as part of a continuing course
18    of conduct from one or more mercantile establishments over
19    a period of one year, is a Class 3 felony. Theft by
20    emergency exit of property, the full retail value of which
21    exceeds $2,000 $300 in a single transaction, or in separate
22    transactions committed by the same person as part of a
23    continuing course of conduct from one or more mercantile
24    establishments over a period of one year, is a Class 2
25    felony. When a charge of retail theft of property or theft
26    by emergency exit of property, the full value of which

 

 

SB1971- 16 -LRB101 08001 SLF 53058 b

1    exceeds $2,000 $300, is brought, the value of the property
2    involved is an element of the offense to be resolved by the
3    trier of fact as either exceeding or not exceeding $2,000
4    $300.
5(Source: P.A. 97-597, eff. 1-1-12.)
 
6    Section 10. The Cannabis Control Act is amended by changing
7Sections 4, 5, 5.1, 5.2, 7, 8, and 10 as follows:
 
8    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
9    Sec. 4. It is unlawful for any person knowingly to possess
10cannabis. Any person who violates this section with respect to:
11        (a) not more than 30 10 grams of any substance
12    containing cannabis is guilty of a civil law violation
13    punishable by a minimum fine not to exceed $125 of $100 and
14    a maximum fine of $200. The proceeds of the fine shall be
15    payable to the clerk of the circuit court. Within 30 days
16    after the deposit of the fine, the clerk shall distribute
17    the proceeds of the fine as follows:
18            (1) $10 of the fine to the circuit clerk and $10 of
19        the fine to the law enforcement agency that issued the
20        citation; the proceeds of each $10 fine distributed to
21        the circuit clerk and each $10 fine distributed to the
22        law enforcement agency that issued the citation for the
23        violation shall be used to defer the cost of automatic
24        expungements under paragraph (2.5) of subsection (a)

 

 

SB1971- 17 -LRB101 08001 SLF 53058 b

1        of Section 5.2 of the Criminal Identification Act;
2            (2) $15 to the county to fund drug addiction
3        services;
4            (3) $10 to the Office of the State's Attorneys
5        Appellate Prosecutor for use in training programs;
6            (4) $10 to the State's Attorney; and
7            (5) any remainder of the fine to the law
8        enforcement agency that issued the citation for the
9        violation.
10        With respect to funds designated for the Department of
11    State Police, the moneys shall be remitted by the circuit
12    court clerk to the Department of State Police within one
13    month after receipt for deposit into the State Police
14    Operations Assistance Fund. With respect to funds
15    designated for the Department of Natural Resources, the
16    Department of Natural Resources shall deposit the moneys
17    into the Conservation Police Operations Assistance Fund;
18        (b) (blank); more than 10 grams but not more than 30
19    grams of any substance containing cannabis is guilty of a
20    Class B misdemeanor;
21        (c) more than 30 grams but not more than 500 100 grams
22    of any substance containing cannabis is guilty of a Class A
23    misdemeanor; provided, that if any offense under this
24    subsection (c) is a subsequent offense, the offender shall
25    be guilty of a Class 4 felony;
26        (d) (blank); more than 100 grams but not more than 500

 

 

SB1971- 18 -LRB101 08001 SLF 53058 b

1    grams of any substance containing cannabis is guilty of a
2    Class 4 felony; provided that if any offense under this
3    subsection (d) is a subsequent offense, the offender shall
4    be guilty of a Class 3 felony;
5        (e) more than 500 grams but not more than 2,000 grams
6    of any substance containing cannabis is guilty of a Class 4
7    3 felony;
8        (f) more than 2,000 grams but not more than 5,000 grams
9    of any substance containing cannabis is guilty of a Class 3
10    2 felony;
11        (g) more than 5,000 grams of any substance containing
12    cannabis is guilty of a Class 2 1 felony.
13(Source: P.A. 99-697, eff. 7-29-16.)
 
14    (720 ILCS 550/5)  (from Ch. 56 1/2, par. 705)
15    Sec. 5. It is unlawful for any person knowingly to
16manufacture, deliver, or possess with intent to deliver, or
17manufacture, cannabis. Any person who violates this section
18with respect to:
19    (a) not more than 10 2.5 grams of any substance containing
20cannabis is guilty of a Class B misdemeanor;
21    (b) (blank) more than 2.5 grams but not more than 10 grams
22of any substance containing cannabis is guilty of a Class A
23misdemeanor;
24    (c) more than 10 grams but not more than 30 grams of any
25substance containing cannabis is guilty of a Class A

 

 

SB1971- 19 -LRB101 08001 SLF 53058 b

1misdemeanor 4 felony;
2    (d) more than 30 grams but not more than 500 grams of any
3substance containing cannabis is guilty of a Class 4 3 felony
4for which a fine not to exceed $50,000 may be imposed;
5    (e) more than 500 grams but not more than 2,000 grams of
6any substance containing cannabis is guilty of a Class 3 2
7felony for which a fine not to exceed $100,000 may be imposed;
8    (f) more than 2,000 grams but not more than 5,000 grams of
9any substance containing cannabis is guilty of a Class 2 1
10felony for which a fine not to exceed $150,000 may be imposed;
11    (g) (blank). more than 5,000 grams of any substance
12containing cannabis is guilty of a Class X felony for which a
13fine not to exceed $200,000 may be imposed.
14(Source: P.A. 90-397, eff. 8-15-97.)
 
15    (720 ILCS 550/5.1)  (from Ch. 56 1/2, par. 705.1)
16    Sec. 5.1. Cannabis Trafficking.
17    (a) Except for purposes authorized by this Act, any person
18who knowingly brings or causes to be brought into this State
19for the purpose of manufacture or delivery or with the intent
20to manufacture or deliver 2,500 grams or more of cannabis in
21this State or any other state or country is guilty of cannabis
22trafficking.
23    (a-5) A person convicted of cannabis trafficking shall be
24sentenced as authorized by Section 5, based upon the amount of
25the cannabis brought or caused to be brought into this State,

 

 

SB1971- 20 -LRB101 08001 SLF 53058 b

1if the person at sentencing proves by a preponderance of the
2evidence that he or she:
3        (1) received little or no compensation from the illegal
4    transport of the cannabis into this State and had minimal
5    knowledge of the scope and structure of the enterprise to
6    manufacture or deliver the cannabis transported; or
7        (2) was not involved in the organization or planning of
8    the enterprise to manufacture or deliver the cannabis
9    transported.
10    (b) Except as otherwise provided in subsection (a-5), a A
11person convicted of cannabis trafficking is guilty of a Class 1
12felony shall be sentenced to a term of imprisonment not less
13than twice the minimum term and fined an amount as authorized
14by subsection (f) or (g) of Section 5 of this Act, based upon
15the amount of cannabis brought or caused to be brought into
16this State, and not more than twice the maximum term of
17imprisonment and fined twice the amount as authorized by
18subsection (f) or (g) of Section 5 of this Act, based upon the
19amount of cannabis brought or caused to be brought into this
20State.
21(Source: P.A. 90-397, eff. 8-15-97.)
 
22    (720 ILCS 550/5.2)  (from Ch. 56 1/2, par. 705.2)
23    Sec. 5.2. Delivery of cannabis on school grounds.
24    (a.01) Any person who violates subsection (f) of Section 5
25in any school, on the real property comprising any school, or

 

 

SB1971- 21 -LRB101 08001 SLF 53058 b

1any conveyance owned, leased or contracted by a school to
2transport students to or from school or a school-related
3activity, or on any public way within 500 feet of the real
4property comprising any school, or any conveyance owned, leased
5or contracted by a school to transport students to or from
6school or a school-related activity, is guilty of a Class 1
7felony;
8    (a) Any person who violates subsection (e) of Section 5 in
9any school, on the real property comprising any school, or any
10conveyance owned, leased or contracted by a school to transport
11students to or from school or a school-related school related
12activity, or on any public way within 500 feet of the real
13property comprising any school, or in any conveyance owned,
14leased or contracted by a school to transport students to or
15from school or a school-related school related activity, and at
16the time of the violation persons under the age of 18 are
17present, the offense is committed during school hours, or the
18offense is committed at times when persons under the age of 18
19are reasonably expected to be present in the school, in the
20conveyance, on the real property, or on the public way, such as
21when after-school activities are occurring, is guilty of a
22Class 2 1 felony, the fine for which shall not exceed $200,000;
23    (b) Any person who violates subsection (d) of Section 5 in
24any school, on the real property comprising any school, or any
25conveyance owned, leased or contracted by a school to transport
26students to or from school or a school-related school related

 

 

SB1971- 22 -LRB101 08001 SLF 53058 b

1activity, or on any public way within 500 feet of the real
2property comprising any school, or in any conveyance owned,
3leased or contracted by a school to transport students to or
4from school or a school-related school related activity, and at
5the time of the violation persons under the age of 18 are
6present, the offense is committed during school hours, or the
7offense is committed at times when persons under the age of 18
8are reasonably expected to be present in the school, in the
9conveyance, on the real property, or on the public way, such as
10when after-school activities are occurring, is guilty of a
11Class 3 2 felony, the fine for which shall not exceed $100,000;
12    (c) Any person who violates subsection (c) of Section 5
13with respect to more than 15 grams of any substance containing
14cannabis in any school, on the real property comprising any
15school, or any conveyance owned, leased or contracted by a
16school to transport students to or from school or a
17school-related school related activity, or on any public way
18within 500 feet of the real property comprising any school, or
19in any conveyance owned, leased or contracted by a school to
20transport students to or from school or a school-related school
21related activity, and at the time of the violation persons
22under the age of 18 are present, the offense is committed
23during school hours, or the offense is committed at times when
24persons under the age of 18 are reasonably expected to be
25present in the school, in the conveyance, on the real property,
26or on the public way, such as when after-school activities are

 

 

SB1971- 23 -LRB101 08001 SLF 53058 b

1occurring, is guilty of a Class 4 3 felony, the fine for which
2shall not exceed $50,000;
3    (d) (Blank) Any person who violates subsection (b) of
4Section 5 in any school, on the real property comprising any
5school, or any conveyance owned, leased or contracted by a
6school to transport students to or from school or a school
7related activity, or on any public way within 500 feet of the
8real property comprising any school, or in any conveyance
9owned, leased or contracted by a school to transport students
10to or from school or a school related activity, and at the time
11of the violation persons under the age of 18 are present, the
12offense is committed during school hours, or the offense is
13committed at times when persons under the age of 18 are
14reasonably expected to be present in the school, in the
15conveyance, on the real property, or on the public way, such as
16when after-school activities are occurring, is guilty of a
17Class 4 felony, the fine for which shall not exceed $25,000;
18    (e) (Blank) Any person who violates subsection (a) of
19Section 5 in any school, on the real property comprising any
20school, or in any conveyance owned, leased or contracted by a
21school to transport students to or from school or a school
22related activity, on any public way within 500 feet of the real
23property comprising any school, or any conveyance owned, leased
24or contracted by a school to transport students to or from
25school or a school related activity, and at the time of the
26violation persons under the age of 18 are present, the offense

 

 

SB1971- 24 -LRB101 08001 SLF 53058 b

1is committed during school hours, or the offense is committed
2at times when persons under the age of 18 are reasonably
3expected to be present in the school, in the conveyance, on the
4real property, or on the public way, such as when after-school
5activities are occurring, is guilty of a Class A misdemeanor.
6(Source: P.A. 100-3, eff. 1-1-18.)
 
7    (720 ILCS 550/7)  (from Ch. 56 1/2, par. 707)
8    Sec. 7. Delivery of cannabis by a person at least 18 years
9of age to a person under 18 years of age who is at least 3 years
10his or her junior.
11    (a) Any person who is at least 18 years of age who violates
12subsection (f) of Section 5 of this Act by delivering cannabis
13to a person under 18 years of age who is at least 3 years his
14junior may, at the discretion of the court, be sentenced to a
15maximum term of imprisonment that is equal to the maximum term
16of imprisonment for the underlying offense plus the minimum
17term of imprisonment for the underlying offense.
18    may be sentenced to imprisonment for a term up to twice the
19maximum term otherwise authorized by Section 5.
20    (b) Any person under 18 years of age who violates Section 4
21or 5 of this Act may be treated by the court in accordance with
22the Juvenile Court Act of 1987.
23(Source: P.A. 85-1209.)
 
24    (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)

 

 

SB1971- 25 -LRB101 08001 SLF 53058 b

1    Sec. 8. It is unlawful for any person knowingly to produce
2the cannabis sativa plant or to possess such plants unless
3production or possession has been authorized pursuant to the
4provisions of Section 11 or 15.2 of the Act. Any person who
5violates this Section with respect to production or possession
6of:
7    (a) Not more than 5 plants is guilty of a Class B A
8misdemeanor.
9    (b) More than 5, but not more than 20 plants, is guilty of
10a Class A misdemeanor 4 felony.
11    (c) More than 20, but not more than 50 plants, is guilty of
12a Class 4 3 felony.
13    (d) More than 50, but not more than 200 plants, is guilty
14of a Class 3 2 felony for which a fine not to exceed $100,000
15may be imposed and for which liability for the cost of
16conducting the investigation and eradicating such plants may be
17assessed. Compensation for expenses incurred in the
18enforcement of this provision shall be transmitted to and
19deposited in the treasurer's office at the level of government
20represented by the Illinois law enforcement agency whose
21officers or employees conducted the investigation or caused the
22arrest or arrests leading to the prosecution, to be
23subsequently made available to that law enforcement agency as
24expendable receipts for use in the enforcement of laws
25regulating controlled substances and cannabis. If such seizure
26was made by a combination of law enforcement personnel

 

 

SB1971- 26 -LRB101 08001 SLF 53058 b

1representing different levels of government, the court levying
2the assessment shall determine the allocation of such
3assessment. The proceeds of assessment awarded to the State
4treasury shall be deposited in a special fund known as the Drug
5Traffic Prevention Fund.
6    (e) More than 200 plants is guilty of a Class 2 1 felony
7for which a fine not to exceed $100,000 may be imposed and for
8which liability for the cost of conducting the investigation
9and eradicating such plants may be assessed. Compensation for
10expenses incurred in the enforcement of this provision shall be
11transmitted to and deposited in the treasurer's office at the
12level of government represented by the Illinois law enforcement
13agency whose officers or employees conducted the investigation
14or caused the arrest or arrests leading to the prosecution, to
15be subsequently made available to that law enforcement agency
16as expendable receipts for use in the enforcement of laws
17regulating controlled substances and cannabis. If such seizure
18was made by a combination of law enforcement personnel
19representing different levels of government, the court levying
20the assessment shall determine the allocation of such
21assessment. The proceeds of assessment awarded to the State
22treasury shall be deposited in a special fund known as the Drug
23Traffic Prevention Fund.
24(Source: P.A. 98-1072, eff. 1-1-15.)
 
25    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)

 

 

SB1971- 27 -LRB101 08001 SLF 53058 b

1    Sec. 10. (a) Whenever any person who has not previously
2been convicted of any felony offense under this Act or any law
3of the United States or of any State relating to cannabis, or
4controlled substances as defined in the Illinois Controlled
5Substances Act, pleads guilty to or is found guilty of
6violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of
7this Act, the court may, without entering a judgment and with
8the consent of such person, sentence him to probation.
9    (b) When a person is placed on probation, the court shall
10enter an order specifying a period of probation of 24 months,
11and shall defer further proceedings in the case until the
12conclusion of the period or until the filing of a petition
13alleging violation of a term or condition of probation.
14    (c) The conditions of probation shall be that the person:
15(1) not violate any criminal statute of any jurisdiction; (2)
16refrain from possession of a firearm or other dangerous weapon;
17(3) submit to periodic drug testing at a time and in a manner
18as ordered by the court, but no less than 3 times during the
19period of the probation, with the cost of the testing to be
20paid by the probationer; and (4) perform no less than 30 hours
21of community service, provided community service is available
22in the jurisdiction and is funded and approved by the county
23board. The court may give credit toward the fulfillment of
24community service hours for participation in activities and
25treatment as determined by court services.
26    (d) The court may, in addition to other conditions, require

 

 

SB1971- 28 -LRB101 08001 SLF 53058 b

1that the person:
2        (1) make a report to and appear in person before or
3    participate with the court or such courts, person, or
4    social service agency as directed by the court in the order
5    of probation;
6        (2) pay a fine and costs;
7        (3) work or pursue a course of study or vocational
8    training;
9        (4) undergo medical or psychiatric treatment; or
10    treatment for drug addiction or alcoholism;
11        (5) attend or reside in a facility established for the
12    instruction or residence of defendants on probation;
13        (6) support his dependents;
14        (7) refrain from possessing a firearm or other
15    dangerous weapon;
16        (7-5) refrain from having in his or her body the
17    presence of any illicit drug prohibited by the Cannabis
18    Control Act, the Illinois Controlled Substances Act, or the
19    Methamphetamine Control and Community Protection Act,
20    unless prescribed by a physician, and submit samples of his
21    or her blood or urine or both for tests to determine the
22    presence of any illicit drug;
23        (8) and in addition, if a minor:
24            (i) reside with his parents or in a foster home;
25            (ii) attend school;
26            (iii) attend a non-residential program for youth;

 

 

SB1971- 29 -LRB101 08001 SLF 53058 b

1            (iv) contribute to his own support at home or in a
2        foster home.
3    (e) Upon violation of a term or condition of probation, the
4court may enter a judgment on its original finding of guilt and
5proceed as otherwise provided.
6    (f) Upon fulfillment of the terms and conditions of
7probation, the court shall discharge such person and dismiss
8the proceedings against him.
9    (g) A disposition of probation is considered to be a
10conviction for the purposes of imposing the conditions of
11probation and for appeal, however, discharge and dismissal
12under this Section is not a conviction for purposes of
13disqualification or disabilities imposed by law upon
14conviction of a crime (including the additional penalty imposed
15for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
16of this Act).
17    (h) (Blank). A person may not have more than one discharge
18and dismissal under this Section within a 4-year period.
19    (i) If a person is convicted of an offense under this Act,
20the Illinois Controlled Substances Act, or the Methamphetamine
21Control and Community Protection Act within 5 years subsequent
22to a discharge and dismissal under this Section, the discharge
23and dismissal under this Section shall be admissible in the
24sentencing proceeding for that conviction as a factor in
25aggravation.
26    (j) Notwithstanding subsection (a), before a person is

 

 

SB1971- 30 -LRB101 08001 SLF 53058 b

1sentenced to probation under this Section, the court may refer
2the person to the drug court established in that judicial
3circuit pursuant to Section 15 of the Drug Court Treatment Act.
4The drug court team shall evaluate the person's likelihood of
5successfully completing a sentence of probation under this
6Section and shall report the results of its evaluation to the
7court. If the drug court team finds that the person suffers
8from a substance abuse problem that makes him or her
9substantially unlikely to successfully complete a sentence of
10probation under this Section, then the drug court shall set
11forth its findings in the form of a written order, and the
12person shall not be sentenced to probation under this Section,
13but shall be considered for the drug court program.
14(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,
15eff. 1-8-18.)
 
16    (720 ILCS 550/9 rep.)
17    Section 15. The Cannabis Control Act is amended by
18repealing Section 9.
 
19    Section 20. The Illinois Controlled Substances Act is
20amended by changing Sections 401, 401.1, 402, 404, 405.2, 407,
21407.1, 407.2, and 410 as follows:
 
22    (720 ILCS 570/401)  (from Ch. 56 1/2, par. 1401)
23    Sec. 401. Manufacture or delivery, or possession with

 

 

SB1971- 31 -LRB101 08001 SLF 53058 b

1intent to manufacture or deliver, a controlled substance, a
2counterfeit substance, or controlled substance analog. Except
3as authorized by this Act, it is unlawful for any person
4knowingly to manufacture or deliver, or possess with intent to
5manufacture or deliver, a controlled substance other than
6methamphetamine and other than bath salts as defined in the
7Bath Salts Prohibition Act sold or offered for sale in a retail
8mercantile establishment as defined in Section 16-0.1 of the
9Criminal Code of 2012, a counterfeit substance, or a controlled
10substance analog. A violation of this Act with respect to each
11of the controlled substances listed herein constitutes a single
12and separate violation of this Act. For purposes of this
13Section, "controlled substance analog" or "analog" means a
14substance, other than a controlled substance, which is not
15approved by the United States Food and Drug Administration or,
16if approved, is not dispensed or possessed in accordance with
17State or federal law, and that has a chemical structure
18substantially similar to that of a controlled substance in
19Schedule I or II, or that was specifically designed to produce
20an effect substantially similar to that of a controlled
21substance in Schedule I or II. Examples of chemical classes in
22which controlled substance analogs are found include, but are
23not limited to, the following: phenethylamines, N-substituted
24piperidines, morphinans, ecgonines, quinazolinones,
25substituted indoles, and arylcycloalkylamines. For purposes of
26this Act, a controlled substance analog shall be treated in the

 

 

SB1971- 32 -LRB101 08001 SLF 53058 b

1same manner as the controlled substance to which it is
2substantially similar.
3    (a) Any person who violates this Section with respect to
4the following amounts of controlled or counterfeit substances
5or controlled substance analogs, notwithstanding any of the
6provisions of subsections (c), (d), (e), (f), (g) or (h) to the
7contrary, is guilty of a Class X felony and shall be sentenced
8for the class of offense to a term of imprisonment as provided
9in this subsection (a) and fined as provided in subsection (b):
10        (1)(A) a Class 2 felony not less than 6 years and not
11    more than 30 years with respect to 15 grams or more but
12    less than 100 grams of a substance containing heroin, or an
13    analog thereof;
14        (B) a Class 1 felony not less than 9 years and not more
15    than 40 years with respect to 100 grams or more but less
16    than 900 400 grams of a substance containing heroin, or an
17    analog thereof;
18        (C) (blank); not less than 12 years and not more than
19    50 years with respect to 400 grams or more but less than
20    900 grams of a substance containing heroin, or an analog
21    thereof;
22        (D) a Class 1 felony for which the person, if sentenced
23    to a term of imprisonment, shall be sentenced to not less
24    than 6 15 years and not more than 30 60 years with respect
25    to 900 grams or more of any substance containing heroin, or
26    an analog thereof;

 

 

SB1971- 33 -LRB101 08001 SLF 53058 b

1        (1.5)(A) a Class 2 felony not less than 6 years and not
2    more than 30 years with respect to 15 grams or more but
3    less than 100 grams of a substance containing fentanyl, or
4    an analog thereof;
5        (B) a Class 1 felony not less than 9 years and not more
6    than 40 years with respect to 900 100 grams or more but
7    less than 400 grams of a substance containing fentanyl, or
8    an analog thereof;
9        (C) (blank); not less than 12 years and not more than
10    50 years with respect to 400 grams or more but less than
11    900 grams of a substance containing fentanyl, or an analog
12    thereof;
13        (D) a Class 1 felony for which the person, if sentenced
14    to a term of imprisonment, shall be sentenced to not less
15    than 6 15 years and not more than 30 60 years with respect
16    to 900 grams or more of a substance containing fentanyl, or
17    an analog thereof;
18        (2)(A) a Class 2 felony not less than 6 years and not
19    more than 30 years with respect to 15 grams or more but
20    less than 100 grams of a substance containing cocaine, or
21    an analog thereof;
22        (B) a Class 1 felony not less than 9 years and not more
23    than 40 years with respect to 100 grams or more but less
24    than 900 400 grams of a substance containing cocaine, or an
25    analog thereof;
26        (C) (blank); not less than 12 years and not more than

 

 

SB1971- 34 -LRB101 08001 SLF 53058 b

1    50 years with respect to 400 grams or more but less than
2    900 grams of a substance containing cocaine, or an analog
3    thereof;
4        (D) a Class 1 felony for which the person, if sentenced
5    to a term of imprisonment, shall be sentenced to not less
6    than 6 15 years and not more than 30 60 years with respect
7    to 900 grams or more of any substance containing cocaine,
8    or an analog thereof;
9        (3)(A) a Class 2 felony not less than 6 years and not
10    more than 30 years with respect to 15 grams or more but
11    less than 100 grams of a substance containing morphine, or
12    an analog thereof;
13        (B) a Class 1 felony not less than 9 years and not more
14    than 40 years with respect to 100 grams or more but less
15    than 900 400 grams of a substance containing morphine, or
16    an analog thereof;
17        (C) (blank); not less than 12 years and not more than
18    50 years with respect to 400 grams or more but less than
19    900 grams of a substance containing morphine, or an analog
20    thereof;
21        (D) a Class 1 felony for which the person, if sentenced
22    to a term of imprisonment, shall be sentenced to not less
23    than 6 15 years and not more than 30 60 years with respect
24    to 900 grams or more of a substance containing morphine, or
25    an analog thereof;
26        (4) a Class 1 felony with respect to 200 grams or more

 

 

SB1971- 35 -LRB101 08001 SLF 53058 b

1    of any substance containing peyote, or an analog thereof;
2        (5) a Class 1 felony with respect to 200 grams or more
3    of any substance containing a derivative of barbituric acid
4    or any of the salts of a derivative of barbituric acid, or
5    an analog thereof;
6        (6) a Class 1 felony with respect to 200 grams or more
7    of any substance containing amphetamine or any salt of an
8    optical isomer of amphetamine, or an analog thereof;
9        (6.5) (blank);
10        (6.6) (blank);
11        (7)(A) a Class 2 felony not less than 6 years and not
12    more than 30 years with respect to: (i) 15 grams or more
13    but less than 100 grams of a substance containing lysergic
14    acid diethylamide (LSD), or an analog thereof, or (ii) 15
15    or more objects or 15 or more segregated parts of an object
16    or objects but less than 200 objects or 200 segregated
17    parts of an object or objects containing in them or having
18    upon them any amounts of any substance containing lysergic
19    acid diethylamide (LSD), or an analog thereof;
20        (B) a Class 1 felony not less than 9 years and not more
21    than 40 years with respect to: (i) 100 grams or more but
22    less than 900 400 grams of a substance containing lysergic
23    acid diethylamide (LSD), or an analog thereof, or (ii) 200
24    or more objects or 200 or more segregated parts of an
25    object or objects but less than 1500 600 objects or less
26    than 1500 600 segregated parts of an object or objects

 

 

SB1971- 36 -LRB101 08001 SLF 53058 b

1    containing in them or having upon them any amount of any
2    substance containing lysergic acid diethylamide (LSD), or
3    an analog thereof;
4        (C) (blank); not less than 12 years and not more than
5    50 years with respect to: (i) 400 grams or more but less
6    than 900 grams of a substance containing lysergic acid
7    diethylamide (LSD), or an analog thereof, or (ii) 600 or
8    more objects or 600 or more segregated parts of an object
9    or objects but less than 1500 objects or 1500 segregated
10    parts of an object or objects containing in them or having
11    upon them any amount of any substance containing lysergic
12    acid diethylamide (LSD), or an analog thereof;
13        (D) a Class 1 felony for which the person, if sentenced
14    to a term of imprisonment, shall be sentenced to not less
15    than 6 15 years and not more than 30 60 years with respect
16    to: (i) 900 grams or more of any substance containing
17    lysergic acid diethylamide (LSD), or an analog thereof, or
18    (ii) 1500 or more objects or 1500 or more segregated parts
19    of an object or objects containing in them or having upon
20    them any amount of a substance containing lysergic acid
21    diethylamide (LSD), or an analog thereof;
22    (7.5)(A) a Class 2 felony not less than 6 years and not
23    more than 30 years with respect to: (i) 15 grams or more
24    but less than 100 grams of a substance listed in paragraph
25    (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
26    (21), (25), or (26) of subsection (d) of Section 204, or an

 

 

SB1971- 37 -LRB101 08001 SLF 53058 b

1    analog or derivative thereof, or (ii) 15 or more pills,
2    tablets, caplets, capsules, or objects but less than 200
3    pills, tablets, caplets, capsules, or objects containing
4    in them or having upon them any amounts of any substance
5    listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
6    (19), (20), (20.1), (21), (25), or (26) of subsection (d)
7    of Section 204, or an analog or derivative thereof;
8        (B) a Class 1 felony not less than 9 years and not more
9    than 40 years with respect to: (i) 100 grams or more but
10    less than 400 grams of a substance listed in paragraph (1),
11    (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21),
12    (25), or (26) of subsection (d) of Section 204, or an
13    analog or derivative thereof, or (ii) 200 or more pills,
14    tablets, caplets, capsules, or objects but less than 600
15    pills, tablets, caplets, capsules, or objects containing
16    in them or having upon them any amount of any substance
17    listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
18    (19), (20), (20.1), (21), (25), or (26) of subsection (d)
19    of Section 204, or an analog or derivative thereof;
20        (C) a Class 1 felony for which the person, if sentenced
21    to a term of imprisonment, shall be sentenced to not less
22    than 6 12 years and not more than 30 50 years with respect
23    to: (i) 400 grams or more but less than 900 grams of a
24    substance listed in paragraph (1), (2), (2.1), (2.2), (3),
25    (14.1), (19), (20), (20.1), (21), (25), or (26) of
26    subsection (d) of Section 204, or an analog or derivative

 

 

SB1971- 38 -LRB101 08001 SLF 53058 b

1    thereof, or (ii) 600 or more pills, tablets, caplets,
2    capsules, or objects but less than 1,500 pills, tablets,
3    caplets, capsules, or objects containing in them or having
4    upon them any amount of any substance listed in paragraph
5    (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
6    (21), (25), or (26) of subsection (d) of Section 204, or an
7    analog or derivative thereof;
8        (D) (blank); not less than 15 years and not more than
9    60 years with respect to: (i) 900 grams or more of any
10    substance listed in paragraph (1), (2), (2.1), (2.2), (3),
11    (14.1), (19), (20), (20.1), (21), (25), or (26) of
12    subsection (d) of Section 204, or an analog or derivative
13    thereof, or (ii) 1,500 or more pills, tablets, caplets,
14    capsules, or objects containing in them or having upon them
15    any amount of a substance listed in paragraph (1), (2),
16    (2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21), (25),
17    or (26) of subsection (d) of Section 204, or an analog or
18    derivative thereof;
19        (8) a Class 1 felony with respect to 30 grams or more
20    of any substance containing pentazocine or any of the
21    salts, isomers and salts of isomers of pentazocine, or an
22    analog thereof;
23        (9) a Class 1 felony with respect to 30 grams or more
24    of any substance containing methaqualone or any of the
25    salts, isomers and salts of isomers of methaqualone, or an
26    analog thereof;

 

 

SB1971- 39 -LRB101 08001 SLF 53058 b

1        (10) a Class 1 felony with respect to 30 grams or more
2    of any substance containing phencyclidine or any of the
3    salts, isomers and salts of isomers of phencyclidine (PCP),
4    or an analog thereof;
5        (10.5) a Class 1 felony with respect to 30 grams or
6    more of any substance containing ketamine or any of the
7    salts, isomers and salts of isomers of ketamine, or an
8    analog thereof;
9        (10.6) a Class 1 felony with respect to 100 grams or
10    more of any substance containing hydrocodone, or any of the
11    salts, isomers and salts of isomers of hydrocodone, or an
12    analog thereof;
13        (10.7) (blank);
14        (10.8) a Class 1 felony with respect to 100 grams or
15    more of any substance containing dihydrocodeine, or any of
16    the salts, isomers and salts of isomers of dihydrocodeine,
17    or an analog thereof;
18        (10.9) a Class 1 felony with respect to 100 grams or
19    more of any substance containing oxycodone, or any of the
20    salts, isomers and salts of isomers of oxycodone, or an
21    analog thereof;
22        (11) a Class 1 felony with respect to 200 grams or more
23    of any substance containing any other controlled substance
24    classified in Schedules I or II, or an analog thereof,
25    which is not otherwise included in this subsection.
26    (b) Any person sentenced with respect to violations of

 

 

SB1971- 40 -LRB101 08001 SLF 53058 b

1paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
2involving 100 grams or more of the controlled substance named
3therein, may in addition to the penalties provided therein, be
4fined an amount not more than $500,000 or the full street value
5of the controlled or counterfeit substance or controlled
6substance analog, whichever is greater. The term "street value"
7shall have the meaning ascribed in Section 110-5 of the Code of
8Criminal Procedure of 1963. Any person sentenced with respect
9to any other provision of subsection (a), may in addition to
10the penalties provided therein, be fined an amount not to
11exceed $500,000.
12    (b-1) Excluding violations of this Act when the controlled
13substance is fentanyl, any person sentenced to a term of
14imprisonment with respect to violations of Section 401, 401.1,
15405, 405.1, 405.2, or 407, when it is proven that the person
16knew or should have known that the substance containing the
17controlled substance contained contains any amount of
18fentanyl, a term of imprisonment not to exceed 3 years may, at
19the discretion of the court, shall be added to the term of
20imprisonment imposed by the court, and the maximum sentence for
21the offense, if the additional term is imposed, shall be
22increased by that period of time not to exceed 3 years.
23    (c) Any person who violates this Section with regard to the
24following amounts of controlled or counterfeit substances or
25controlled substance analogs, notwithstanding any of the
26provisions of subsections (a), (b), (d), (e), (f), (g) or (h)

 

 

SB1971- 41 -LRB101 08001 SLF 53058 b

1to the contrary, shall be sentenced for the class of offense as
2provided in this subsection (c) is guilty of a Class 1 felony.
3The fine for violation of this subsection (c) shall not be more
4than $250,000:
5        (1) a Class 3 felony with respect to 1 gram or more but
6    less than 15 grams of any substance containing heroin, or
7    an analog thereof;
8        (1.5) a Class 3 felony with respect to 1 gram or more
9    but less than 15 grams of any substance containing
10    fentanyl, or an analog thereof;
11        (2) a Class 3 felony with respect to 1 gram or more but
12    less than 15 grams of any substance containing cocaine, or
13    an analog thereof;
14        (3) a Class 3 felony with respect to 10 grams or more
15    but less than 15 grams of any substance containing
16    morphine, or an analog thereof;
17        (4) a Class 2 felony with respect to 50 grams or more
18    but less than 200 grams of any substance containing peyote,
19    or an analog thereof;
20        (4.5) a Class 3 felony with respect to 10 grams or more
21    but less than 50 grams of any substance containing peyote,
22    or an analog thereof;
23        (5) a Class 2 felony with respect to 50 grams or more
24    but less than 200 grams of any substance containing a
25    derivative of barbituric acid or any of the salts of a
26    derivative of barbituric acid, or an analog thereof;

 

 

SB1971- 42 -LRB101 08001 SLF 53058 b

1        (5.5) a Class 3 felony with respect to 10 grams or more
2    but less than 50 grams of any substance containing a
3    derivative of barbituric acid or any of the salts of a
4    derivative of barbituric acid, or an analog thereof;
5        (6) a Class 2 felony with respect to 50 grams or more
6    but less than 200 grams of any substance containing
7    amphetamine or any salt of an optical isomer of
8    amphetamine, or an analog thereof;
9        (6.1) a Class 3 felony with respect to 10 grams or more
10    but less than 50 grams of any substance containing
11    amphetamine or any salt of an optical isomer of
12    amphetamine, or an analog thereof;
13        (6.5) (blank);
14        (7) a Class 3 felony with respect to (i) 5 grams or
15    more but less than 15 grams of any substance containing
16    lysergic acid diethylamide (LSD), or an analog thereof, or
17    (ii) more than 10 objects or more than 10 segregated parts
18    of an object or objects but less than 15 objects or less
19    than 15 segregated parts of an object containing in them or
20    having upon them any amount of any substance containing
21    lysergic acid diethylamide (LSD), or an analog thereof;
22        (7.5) a Class 3 felony with respect to (i) 5 grams or
23    more but less than 15 grams of any substance listed in
24    paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
25    (20.1), (21), (25), or (26) of subsection (d) of Section
26    204, or an analog or derivative thereof, or (ii) more than

 

 

SB1971- 43 -LRB101 08001 SLF 53058 b

1    10 pills, tablets, caplets, capsules, or objects but less
2    than 15 pills, tablets, caplets, capsules, or objects
3    containing in them or having upon them any amount of any
4    substance listed in paragraph (1), (2), (2.1), (2.2), (3),
5    (14.1), (19), (20), (20.1), (21), (25), or (26) of
6    subsection (d) of Section 204, or an analog or derivative
7    thereof;
8        (8) a Class 2 felony with respect to 10 grams or more
9    but less than 30 grams of any substance containing
10    pentazocine or any of the salts, isomers and salts of
11    isomers of pentazocine, or an analog thereof;
12        (8.5) a Class 3 felony with respect to 5 grams or more
13    but less than 10 grams of pentazocine, or an analog
14    thereof;
15        (9) a Class 2 felony with respect to 10 grams or more
16    but less than 30 grams of any substance containing
17    methaqualone or any of the salts, isomers and salts of
18    isomers of methaqualone, or an analog thereof;
19        (9.5) a Class 3 felony with respect to 5 grams or more
20    but less than 10 grams of any substance containing
21    methaqualone or any of the salts, isomers and salts of
22    isomers of methaqualone, or an analog thereof;
23        (10) a Class 2 felony with respect to 10 grams or more
24    but less than 30 grams of any substance containing
25    phencyclidine or any of the salts, isomers and salts of
26    isomers of phencyclidine (PCP), or an analog thereof;

 

 

SB1971- 44 -LRB101 08001 SLF 53058 b

1        (10.1) a Class 3 felony with respect to 5 grams or more
2    but less than 10 grams of any substance containing
3    phencyclidine or any of the salts, isomers and salts of
4    isomers of phencyclidine (PCP), or an analog thereof;
5        (10.5) a Class 2 felony with respect to 10 grams or
6    more but less than 30 grams of any substance containing
7    ketamine or any of the salts, isomers and salts of isomers
8    of ketamine, or an analog thereof;
9        (10.5-1) a Class 3 felony with respect to 5 grams or
10    more but less than 10 grams of any substance containing
11    ketamine or any of the salts, isomers and salts of isomers
12    of ketamine, or an analog thereof;
13        (10.6) a Class 2 felony with respect to 50 grams or
14    more but less than 100 grams of any substance containing
15    hydrocodone, or any of the salts, isomers and salts of
16    isomers of hydrocodone, or an analog thereof;
17        (10.6-1) a Class 3 felony with respect to 10 grams or
18    more but less than 50 grams of any substance containing
19    hydrocodone, or any of the salts, isomers and salts of
20    isomers of hydrocodone, or an analog thereof;
21        (10.7) (blank);
22        (10.7-1) a Class 3 felony with respect to 10 grams or
23    more but less than 50 grams of any substance containing
24    dihydrocodeinone, or any of the salts, isomers and salts of
25    isomers of dihydrocodeinone, or an analog thereof;
26        (10.8) a Class 2 felony with respect to 50 grams or

 

 

SB1971- 45 -LRB101 08001 SLF 53058 b

1    more but less than 100 grams of any substance containing
2    dihydrocodeine, or any of the salts, isomers and salts of
3    isomers of dihydrocodeine, or an analog thereof;
4        (10.8-1) a Class 3 felony with respect to 10 grams or
5    more but less than 50 grams of any substance containing
6    dihydrocodeine, or any of the salts, isomers and salts of
7    isomers of dihydrocodeine, or an analog thereof;
8        (10.9) a Class 2 felony with respect to 50 grams or
9    more but less than 100 grams of any substance containing
10    oxycodone, or any of the salts, isomers and salts of
11    isomers of oxycodone, or an analog thereof;
12        (10.9-1) a Class 3 felony with respect to 10 grams or
13    more but less than 50 grams of any substance containing
14    oxycodone, or any of the salts, isomers and salts of
15    isomers of oxycodone, or an analog thereof;
16        (11) a Class 2 felony with respect to 50 grams or more
17    but less than 200 grams of any substance containing a
18    substance classified in Schedules I or II, or an analog
19    thereof, which is not otherwise included in this subsection
20    (c).
21        (11.1) a Class 3 felony with respect to 10 grams or
22    more but less than 50 grams grams of any substance
23    containing a substance classified in Schedules I or II, or
24    an analog thereof, which is not otherwise included in this
25    subsection (c);
26    (c-5) (Blank).

 

 

SB1971- 46 -LRB101 08001 SLF 53058 b

1    (d) Any person who violates this Section with regard to any
2other amount of a controlled or counterfeit substance
3containing dihydrocodeine or classified in Schedules I or II,
4or an analog thereof, which is not otherwise included in
5subsection (a), (b), or (c), which is (i) a narcotic drug, (ii)
6lysergic acid diethylamide (LSD) or an analog thereof, (iii)
7any substance containing amphetamine or fentanyl or any salt or
8optical isomer of amphetamine or fentanyl, or an analog
9thereof, or (iv) any substance containing N-Benzylpiperazine
10(BZP) or any salt or optical isomer of N-Benzylpiperazine
11(BZP), or an analog thereof, is guilty of a Class 4 2 felony.
12The fine for violation of this subsection (d) shall not be more
13than $200,000.
14    (d-5) (Blank).
15    (e) (Blank). Any person who violates this Section with
16regard to any other amount of a controlled substance other than
17methamphetamine or counterfeit substance classified in
18Schedule I or II, or an analog thereof, which substance is not
19included under subsection (d) of this Section, is guilty of a
20Class 3 felony. The fine for violation of this subsection (e)
21shall not be more than $150,000.
22    (f) Any person who violates this Section with regard to 10
23grams or more any other amount of a controlled or counterfeit
24substance classified in Schedule III , which is not otherwise
25included in subsection (a), (b), or (c), is guilty of a Class 3
26felony. The fine for violation of this subsection (f) shall not

 

 

SB1971- 47 -LRB101 08001 SLF 53058 b

1be more than $125,000.
2    (f-1) Any person who violates this Section with regard to
3any other amount of a controlled or counterfeit substance
4classified in Schedule III which is not otherwise included in
5subsection (a), (b), or (c), is guilty of a Class 4 felony.
6    (g) Any person who violates this Section with regard to 10
7grams or more any other amount of a controlled or counterfeit
8substance classified in Schedule IV is guilty of a Class 3
9felony. The fine for violation of this subsection (g) shall not
10be more than $100,000.
11    (g-1) Any person who violates this Section with regard to
12any other amount of a controlled or counterfeit substance
13classified in Schedule IV which is not otherwise included in
14subsection (a), (b), or (c), is guilty of a Class 4 felony.
15    (h) Any person who violates this Section with regard to 10
16grams or more any other amount of a controlled or counterfeit
17substance classified in Schedule V, which is not otherwise
18included in subsection (a), (b), or (c), is guilty of a Class 3
19felony. The fine for violation of this subsection (h) shall not
20be more than $75,000.
21    (h-1) Any person who violates this Section with regard to
22any other amount of a controlled or counterfeit substance
23classified in Schedule V, which is not otherwise included in
24subsection (a), (b), or (c), is guilty of a Class 4 felony.
25    (i) This Section does not apply to the manufacture,
26possession or distribution of a substance in conformance with

 

 

SB1971- 48 -LRB101 08001 SLF 53058 b

1the provisions of an approved new drug application or an
2exemption for investigational use within the meaning of Section
3505 of the Federal Food, Drug and Cosmetic Act.
4    (j) (Blank).
5(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17;
6100-368, eff. 1-1-18.)
 
7    (720 ILCS 570/401.1)  (from Ch. 56 1/2, par. 1401.1)
8    Sec. 401.1. Controlled Substance Trafficking.
9    (a) Except for purposes as authorized by this Act, any
10person who knowingly brings or causes to be brought into this
11State 400 grams or more of a controlled substance or 600 or
12more objects or 600 or more segregated parts of an object or
13objects containing in them or having upon them any amounts of
14any substance containing lysergic acid diethylamide (LSD), or
15an analog thereof or 600 or more pills, tablets, caplets,
16capsules, or objects containing in them or having upon them any
17amount of any substance listed in paragraph (1), (2), (2.1),
18(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
19subsection (d) of Section 204, or an analog or derivative
20thereof for the purpose of manufacture or delivery or with the
21intent to manufacture or deliver a controlled substance other
22than methamphetamine or counterfeit substance in this or any
23other state or country is guilty of controlled substance
24trafficking.
25    (b) Except as otherwise provided in subsection (b-5), a A

 

 

SB1971- 49 -LRB101 08001 SLF 53058 b

1person convicted of controlled substance trafficking shall be
2sentenced for the class of an offense that is one class higher
3than the amount authorized by Section 401 of this Act for the
4manufacture or delivery, or possession with intent to
5manufacture or deliver, based upon the amount of controlled or
6counterfeit substance brought or caused to be brought into this
7State. If the sentence for the underlying offense under Section
8401 of this Act is a Class 1 felony for which the offender may
9be sentenced to a term of imprisonment of not less than 6 years
10and not more than 30 years, the penalty for controlled
11substance trafficking is a Class 1 felony for which the person
12may be sentenced to a term of imprisonment of not less 9 years
13and not more than 40 years to a term of imprisonment not less
14than twice the minimum term and fined an amount as authorized
15by Section 401 of this Act, based upon the amount of controlled
16or counterfeit substance brought or caused to be brought into
17this State, and not more than twice the maximum term of
18imprisonment and fined twice the amount as authorized by
19Section 401 of this Act, based upon the amount of controlled or
20counterfeit substance brought or caused to be brought into this
21State.
22    (b-5) A person convicted of controlled substance
23trafficking shall be sentenced as authorized by Section 401,
24based upon the amount of the controlled or counterfeit
25substance brought or caused to be brought into this State, if
26the person at sentencing proves by a preponderance of the

 

 

SB1971- 50 -LRB101 08001 SLF 53058 b

1evidence that he or she:
2        (1) received little or no compensation from the illegal
3    transport of the substance into this State and had minimal
4    knowledge of the scope and structure of the enterprise to
5    manufacture or deliver the illegal substance transported;
6    or
7        (2) was not involved in the organization or planning of
8    the enterprise to manufacture or deliver the illegal
9    substance transported.
10    (c) (Blank) It shall be a Class 2 felony for which a fine
11not to exceed $100,000 may be imposed for any person to
12knowingly use a cellular radio telecommunication device in the
13furtherance of controlled substance trafficking. This penalty
14shall be in addition to any other penalties imposed by law.
15(Source: P.A. 94-556, eff. 9-11-05.)
 
16    (720 ILCS 570/402)  (from Ch. 56 1/2, par. 1402)
17    Sec. 402. Except as otherwise authorized by this Act, it is
18unlawful for any person knowingly to possess a controlled or
19counterfeit substance or controlled substance analog. A
20violation of this Act with respect to each of the controlled
21substances listed herein constitutes a single and separate
22violation of this Act. For purposes of this Section,
23"controlled substance analog" or "analog" means a substance,
24other than a controlled substance, which is not approved by the
25United States Food and Drug Administration or, if approved, is

 

 

SB1971- 51 -LRB101 08001 SLF 53058 b

1not dispensed or possessed in accordance with State or federal
2law, and that has a chemical structure substantially similar to
3that of a controlled substance in Schedule I or II, or that was
4specifically designed to produce an effect substantially
5similar to that of a controlled substance in Schedule I or II.
6Examples of chemical classes in which controlled substance
7analogs are found include, but are not limited to, the
8following: phenethylamines, N-substituted piperidines,
9morphinans, ecgonines, quinazolinones, substituted indoles,
10and arylcycloalkylamines. For purposes of this Act, a
11controlled substance analog shall be treated in the same manner
12as the controlled substance to which it is substantially
13similar.
14    (a) Any person who violates this Section with respect to
15the following controlled or counterfeit substances and
16amounts, notwithstanding any of the provisions of subsections
17(c) and (d) to the contrary, is guilty of a Class 1 felony and
18shall, if sentenced to a term of imprisonment, be sentenced for
19the class of offense as provided in this subsection (a) and
20fined as provided in subsection (b):
21        (1) (A) a Class 3 felony not less than 4 years and not
22        more than 15 years with respect to 15 grams or more but
23        less than 100 grams of a substance containing heroin;
24            (B) a Class 2 felony not less than 6 years and not
25        more than 30 years with respect to 100 grams or more
26        but less than 400 grams of a substance containing

 

 

SB1971- 52 -LRB101 08001 SLF 53058 b

1        heroin;
2            (C) a Class 1 felony not less than 8 years and not
3        more than 40 years with respect to 400 grams or more
4        but less than 900 grams of any substance containing
5        heroin;
6            (D) (blank) not less than 10 years and not more
7        than 50 years with respect to 900 grams or more of any
8        substance containing heroin;
9        (1.5)(A) a Class 3 felony with respect to 15 grams or
10        more but less than 100 grams of a substance containing
11        fentanyl;
12            (B) a Class 2 felony with respect to 100 grams or
13        more but less than 400 grams of a substance containing
14        fentanyl;
15            (C) a Class 1 felony with respect to 400 grams or
16        more of a substance containing fentanyl;
17        (2) (A) a Class 3 felony not less than 4 years and not
18        more than 15 years with respect to 15 grams or more but
19        less than 100 grams of any substance containing
20        cocaine;
21            (B) a Class 2 felony not less than 6 years and not
22        more than 30 years with respect to 100 grams or more
23        but less than 400 grams of any substance containing
24        cocaine;
25            (C) a Class 1 felony not less than 8 years and not
26        more than 40 years with respect to 400 grams or more

 

 

SB1971- 53 -LRB101 08001 SLF 53058 b

1        but less than 900 grams of any substance containing
2        cocaine;
3            (D) (blank) not less than 10 years and not more
4        than 50 years with respect to 900 grams or more of any
5        substance containing cocaine;
6        (3) (A) a Class 3 felony not less than 4 years and not
7        more than 15 years with respect to 15 grams or more but
8        less than 100 grams of any substance containing
9        morphine;
10            (B) a Class 2 felony not less than 6 years and not
11        more than 30 years with respect to 100 grams or more
12        but less than 400 grams of any substance containing
13        morphine;
14            (C) a Class 1 felony not less than 6 years and not
15        more than 40 years with respect to 400 grams or more
16        but less than 900 grams of any substance containing
17        morphine;
18            (D) (blank) not less than 10 years and not more
19        than 50 years with respect to 900 grams or more of any
20        substance containing morphine;
21        (4) a Class 2 felony with respect to 200 grams or more
22    of any substance containing peyote;
23        (4.5) a Class 4 felony with respect to 15 grams or more
24    but less than 200 grams of a substance containing peyote;
25        (5) a Class 2 felony with respect to 200 grams or more
26    of any substance containing a derivative of barbituric acid

 

 

SB1971- 54 -LRB101 08001 SLF 53058 b

1    or any of the salts of a derivative of barbituric acid;
2        (5.5) a Class 4 felony with respect to 15 grams or more
3    but less than 200 grams of a substance containing a
4    derivative of barbituric acid or any of the salts of a
5    derivative of barbituric acid;
6        (6) a Class 2 felony with respect to 200 grams or more
7    of any substance containing amphetamine or any salt of an
8    optical isomer of amphetamine;
9        (6.1) a Class 4 felony with respect to 15 grams or more
10    but less than 200 grams of a substance containing
11    amphetamine or any salt of an optical isomer of
12    amphetamine;
13        (6.5) (blank);
14        (7) (A) a Class 3 felony not less than 4 years and not
15        more than 15 years with respect to: (i) 15 grams or
16        more but less than 100 grams of any substance
17        containing lysergic acid diethylamide (LSD), or an
18        analog thereof, or (ii) 15 or more objects or 15 or
19        more segregated parts of an object or objects but less
20        than 200 objects or 200 segregated parts of an object
21        or objects containing in them or having upon them any
22        amount of any substance containing lysergic acid
23        diethylamide (LSD), or an analog thereof;
24            (B) a Class 2 felony not less than 6 years and not
25        more than 30 years with respect to: (i) 100 grams or
26        more but less than 400 grams of any substance

 

 

SB1971- 55 -LRB101 08001 SLF 53058 b

1        containing lysergic acid diethylamide (LSD), or an
2        analog thereof, or (ii) 200 or more objects or 200 or
3        more segregated parts of an object or objects but less
4        than 600 objects or less than 600 segregated parts of
5        an object or objects containing in them or having upon
6        them any amount of any substance containing lysergic
7        acid diethylamide (LSD), or an analog thereof;
8            (C) a Class 1 felony not less than 8 years and not
9        more than 40 years with respect to: (i) 400 grams or
10        more but less than 900 grams of any substance
11        containing lysergic acid diethylamide (LSD), or an
12        analog thereof, or (ii) 600 or more objects or 600 or
13        more segregated parts of an object or objects but less
14        than 1500 objects or 1500 segregated parts of an object
15        or objects containing in them or having upon them any
16        amount of any substance containing lysergic acid
17        diethylamide (LSD), or an analog thereof;
18            (D) (blank) not less than 10 years and not more
19        than 50 years with respect to: (i) 900 grams or more of
20        any substance containing lysergic acid diethylamide
21        (LSD), or an analog thereof, or (ii) 1500 or more
22        objects or 1500 or more segregated parts of an object
23        or objects containing in them or having upon them any
24        amount of a substance containing lysergic acid
25        diethylamide (LSD), or an analog thereof;
26        (7.5) (A) a Class 3 felony not less than 4 years and

 

 

SB1971- 56 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 57 -LRB101 08001 SLF 53058 b

1        more than 40 years with respect to: (i) 400 grams or
2        more but less than 900 grams of any substance listed in
3        paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19),
4        (20), (20.1), (21), (25), or (26) of subsection (d) of
5        Section 204, or an analog or derivative thereof, or
6        (ii) 600 or more pills, tablets, caplets, capsules, or
7        objects but less than 1,500 pills, tablets, caplets,
8        capsules, or objects containing in them or having upon
9        them any amount of any substance listed in paragraph
10        (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
11        (20.1), (21), (25), or (26) of subsection (d) of
12        Section 204, or an analog or derivative thereof;
13            (D) (blank) not less than 10 years and not more
14        than 50 years with respect to: (i) 900 grams or more of
15        any substance listed in paragraph (1), (2), (2.1),
16        (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
17        (26) of subsection (d) of Section 204, or an analog or
18        derivative thereof, or (ii) 1,500 or more pills,
19        tablets, caplets, capsules, or objects containing in
20        them or having upon them any amount of a substance
21        listed in paragraph (1), (2), (2.1), (2.2), (3),
22        (14.1), (19), (20), (20.1), (21), (25), or (26) of
23        subsection (d) of Section 204, or an analog or
24        derivative thereof;
25        (8) a Class 2 felony with respect to 30 grams or more
26    of any substance containing pentazocine or any of the

 

 

SB1971- 58 -LRB101 08001 SLF 53058 b

1    salts, isomers and salts of isomers of pentazocine, or an
2    analog thereof;
3        (8.5) a Class 4 felony with respect to 15 grams or more
4    but less than 30 grams of a substance containing
5    pentazocine or any of the salts, isomers and salts of
6    isomers of pentazocine, or an analog thereof;
7        (9) a Class 2 felony with respect to 30 grams or more
8    of any substance containing methaqualone or any of the
9    salts, isomers and salts of isomers of methaqualone;
10        (9.5) a Class 4 felony with respect to 15 grams or more
11    but less than 30 grams of a substance containing
12    methaqualone or any of the salts, isomers and salts of
13    isomers of methaqualone;
14        (10) a Class 2 felony with respect to 30 grams or more
15    of any substance containing phencyclidine or any of the
16    salts, isomers and salts of isomers of phencyclidine (PCP);
17        (10.1) a Class 4 felony with respect to 15 grams or
18    more but less than 30 grams of a substance containing
19    phencyclidine or any of the salts, isomers and salts of
20    isomers of phencyclidine (PCP);
21        (10.5) a Class 2 felony with respect to 30 grams or
22    more of any substance containing ketamine or any of the
23    salts, isomers and salts of isomers of ketamine;
24        (10.6) a Class 4 felony with respect to 15 grams or
25    more but less than 30 grams of any substance containing
26    ketamine or any of the salts, isomers and salts of isomers

 

 

SB1971- 59 -LRB101 08001 SLF 53058 b

1    of ketamine;
2        (11) a Class 2 felony with respect to 200 grams or more
3    of any substance containing any substance classified as a
4    narcotic drug in Schedules I or II, or an analog thereof,
5    which is not otherwise included in this subsection; .
6        (12) a Class 3 felony with respect to 15 grams or more
7    but less than 200 grams of any substance containing any
8    substance classified as a narcotic drug in Schedules I or
9    II, or an analog thereof, which is not otherwise included
10    in this subsection.
11    (b) Any person sentenced with respect to violations of
12paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
13involving 100 grams or more of the controlled substance named
14therein, may in addition to the penalties provided therein, be
15fined an amount not to exceed $200,000 or the full street value
16of the controlled or counterfeit substances, whichever is
17greater. The term "street value" shall have the meaning
18ascribed in Section 110-5 of the Code of Criminal Procedure of
191963. Any person sentenced with respect to any other provision
20of subsection (a), may in addition to the penalties provided
21therein, be fined an amount not to exceed $200,000.
22    (c) Any person who violates this Section with regard to an
23amount of a controlled substance other than methamphetamine or
24counterfeit substance not set forth in subsection (a) or (d) is
25guilty of a Class A misdemeanor 4 felony. The fine for a
26violation punishable under this subsection (c) shall not be

 

 

SB1971- 60 -LRB101 08001 SLF 53058 b

1more than $2,500 $25,000.
2    (d) Any person who violates this Section with regard to any
3amount of anabolic steroid is guilty of a Class C misdemeanor
4for the first offense and a Class B misdemeanor for a
5subsequent offense committed within 2 years of a prior
6conviction.
7(Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18.)
 
8    (720 ILCS 570/404)  (from Ch. 56 1/2, par. 1404)
9    Sec. 404. (a) For the purposes of this Section:
10        (1) "Advertise" means the attempt, by publication,
11    dissemination, solicitation or circulation, to induce
12    directly or indirectly any person to acquire, or enter into
13    an obligation to acquire, any substance within the scope of
14    this Section.
15        (2) "Distribute" has the meaning ascribed to it in
16    subsection (s) of Section 102 of this Act but as relates to
17    look-alike substances.
18        (3) "Manufacture" means the producing, preparing,
19    compounding, processing, encapsulating, packaging,
20    repackaging, labeling or relabeling of a look-alike
21    substance.
22    (b) It is unlawful for any person knowingly to manufacture,
23distribute, advertise, or possess with intent to manufacture or
24distribute a look-alike substance. Any person who violates this
25subsection (b) shall be guilty of a Class 4 3 felony, the fine

 

 

SB1971- 61 -LRB101 08001 SLF 53058 b

1for which shall not exceed $150,000.
2    (c) (Blank) It is unlawful for any person knowingly to
3possess a look-alike substance. Any person who violates this
4subsection (c) is guilty of a petty offense. Any person
5convicted of a subsequent offense under this subsection (c)
6shall be guilty of a Class C misdemeanor.
7    (d) In any prosecution brought under this Section, it is
8not a defense to a violation of this Section that the defendant
9believed the look-alike substance actually to be a controlled
10substance.
11    (e) Nothing in this Section applies to:
12        (1) The manufacture, processing, packaging,
13    distribution or sale of noncontrolled substances to
14    licensed medical practitioners for use as placebos in
15    professional practice or research.
16        (2) Persons acting in the course and legitimate scope
17    of their employment as law enforcement officers.
18        (3) The retention of production samples of
19    noncontrolled substances produced prior to the effective
20    date of this amendatory Act of 1982, where such samples are
21    required by federal law.
22    (f) Nothing in this Section or in this Act applies to the
23lawful manufacture, processing, packaging, advertising or
24distribution of a drug or drugs by any person registered
25pursuant to Section 510 of the Federal Food, Drug, and Cosmetic
26Act (21 U.S.C. 360).

 

 

SB1971- 62 -LRB101 08001 SLF 53058 b

1(Source: P.A. 83-1362.)
 
2    (720 ILCS 570/405.2)
3    Sec. 405.2. Streetgang criminal drug conspiracy.
4    (a) Any person who engages in a streetgang criminal drug
5conspiracy, as defined in this Section, is guilty of an offense
6that is one class higher than the underlying offense under
7subsection (a) or (c) of Section 401 of this Act or under the
8Methamphetamine Control and Community Protection Act except
9Section 60 of that Act. If the sentence for the underlying
10offense is a term of imprisonment of not less than 6 years and
11not more than 30 years, the penalty for streetgang criminal
12drug conspiracy is a Class 1 felony for which the person may be
13sentenced to a term of imprisonment of not less 9 years and not
14more than 40 years. a Class X felony for which the offender
15shall be sentenced to a term of imprisonment as follows:
16        (1) (blank) not less than 15 years and not more than 60
17    years for a violation of subsection (a) of Section 401;
18        (2) (blank) not less than 10 years and not more than 30
19    years for a violation of subsection (c) of Section 401.
20    For the purposes of this Section, a person engages in a
21streetgang criminal drug conspiracy when:
22        (i) he or she violates any of the provisions of
23    subsection (a) or (c) of Section 401 of this Act or any
24    provision of the Methamphetamine Control and Community
25    Protection Act except Section 60 of that Act; and

 

 

SB1971- 63 -LRB101 08001 SLF 53058 b

1        (ii) such violation is part of a conspiracy undertaken
2    or carried out with 2 or more other persons; and
3        (iii) such conspiracy is in furtherance of the
4    activities of an organized gang as defined in the Illinois
5    Streetgang Terrorism Omnibus Prevention Act; and
6        (iv) he or she occupies a position of organizer, a
7    supervising person, or any other position of management
8    with those persons identified in clause (ii) of this
9    subsection (a).
10    The fine for a violation of this Section shall not be more
11than $500,000, and the offender shall be subject to the
12forfeitures prescribed in subsection (b).
13    (b) Subject to the provisions of Section 8 of the Drug
14Asset Forfeiture Procedure Act, any person who is convicted
15under this Section of engaging in a streetgang criminal drug
16conspiracy shall forfeit to the State of Illinois:
17        (1) the receipts obtained by him or her in such
18    conspiracy; and
19        (2) any of his or her interests in, claims against,
20    receipts from, or property or rights of any kind affording
21    a source of influence over, such conspiracy.
22    (c) The circuit court may enter such injunctions,
23restraining orders, directions or prohibitions, or may take
24such other actions, including the acceptance of satisfactory
25performance bonds, in connection with any property, claim,
26receipt, right or other interest subject to forfeiture under

 

 

SB1971- 64 -LRB101 08001 SLF 53058 b

1this Section, as it deems proper.
2(Source: P.A. 94-556, eff. 9-11-05.)
 
3    (720 ILCS 570/407)  (from Ch. 56 1/2, par. 1407)
4    Sec. 407. (a)(1)(A) Any person 18 years of age or over who
5violates any subsection of Section 401 or subsection (b) of
6Section 404 by delivering a controlled, counterfeit or
7look-alike substance to a person under 18 years of age may, at
8the discretion of the court, be sentenced to a maximum term of
9imprisonment that is equal to the maximum term of imprisonment
10for the underlying offense plus the minimum term of
11imprisonment for the underlying offense may be sentenced to
12imprisonment for a term up to twice the maximum term and fined
13an amount up to twice that amount otherwise authorized by the
14pertinent subsection of Section 401 and Subsection (b) of
15Section 404.
16    (B) (Blank).
17    (2) (Blank). Except as provided in paragraph (3) of this
18subsection, any person who violates:
19        (A) subsection (c) of Section 401 by delivering or
20    possessing with intent to deliver a controlled,
21    counterfeit, or look-alike substance in or on, or within
22    500 feet of, a truck stop or safety rest area, is guilty of
23    a Class 1 felony, the fine for which shall not exceed
24    $250,000;
25        (B) subsection (d) of Section 401 by delivering or

 

 

SB1971- 65 -LRB101 08001 SLF 53058 b

1    possessing with intent to deliver a controlled,
2    counterfeit, or look-alike substance in or on, or within
3    500 feet of, a truck stop or safety rest area, is guilty of
4    a Class 2 felony, the fine for which shall not exceed
5    $200,000;
6        (C) subsection (e) of Section 401 or subsection (b) of
7    Section 404 by delivering or possessing with intent to
8    deliver a controlled, counterfeit, or look-alike substance
9    in or on, or within 500 feet of, a truck stop or safety
10    rest area, is guilty of a Class 3 felony, the fine for
11    which shall not exceed $150,000;
12        (D) subsection (f) of Section 401 by delivering or
13    possessing with intent to deliver a controlled,
14    counterfeit, or look-alike substance in or on, or within
15    500 feet of, a truck stop or safety rest area, is guilty of
16    a Class 3 felony, the fine for which shall not exceed
17    $125,000;
18        (E) subsection (g) of Section 401 by delivering or
19    possessing with intent to deliver a controlled,
20    counterfeit, or look-alike substance in or on, or within
21    500 feet of, a truck stop or safety rest area, is guilty of
22    a Class 3 felony, the fine for which shall not exceed
23    $100,000;
24        (F) subsection (h) of Section 401 by delivering or
25    possessing with intent to deliver a controlled,
26    counterfeit, or look-alike substance in or on, or within

 

 

SB1971- 66 -LRB101 08001 SLF 53058 b

1    500 feet of, a truck stop or safety rest area, is guilty of
2    a Class 3 felony, the fine for which shall not exceed
3    $75,000;
4    (3) (Blank). Any person who violates paragraph (2) of this
5subsection (a) by delivering or possessing with intent to
6deliver a controlled, counterfeit, or look-alike substance in
7or on, or within 500 feet of a truck stop or a safety rest area,
8following a prior conviction or convictions of paragraph (2) of
9this subsection (a) may be sentenced to a term of imprisonment
10up to 2 times the maximum term and fined an amount up to 2 times
11the amount otherwise authorized by Section 401.
12    (4) (Blank). For the purposes of this subsection (a):
13        (A) "Safety rest area" means a roadside facility
14    removed from the roadway with parking and facilities
15    designed for motorists' rest, comfort, and information
16    needs; and
17        (B) "Truck stop" means any facility (and its parking
18    areas) used to provide fuel or service, or both, to any
19    commercial motor vehicle as defined in Section 18b-101 of
20    the Illinois Vehicle Code.
21    (b) Any person who violates any subsection of Section 401
22or subsection (b) of Section 404 in any school, or any
23conveyance owned, leased or contracted by a school to transport
24students to or from school or a school-related activity, or
25public park, on the real property comprising any school, or
26within 500 feet of the real property comprising any school,

 

 

SB1971- 67 -LRB101 08001 SLF 53058 b

1while persons under 18 years of age are present, during school
2hours, or at times when persons under 18 years of age are
3reasonably expected to be present, shall be sentenced to a
4class of offense that is one class higher than the sentence
5otherwise authorized by the pertinent subsection of Section 401
6or subsection (b) of Section 404. If the sentence otherwise
7authorized by the pertinent subsection of Section 401 or
8subsection (b) of Section 404 is a Class 1 felony for which the
9person may be sentenced to a term of imprisonment of not less
10than 4 years and not more than 15 years, the penalty for an
11offense under this Section is a Class 1 felony for which the
12person may be sentenced to a term of imprisonment of not less
13than 6 years and not more than 30 years. If the sentence
14otherwise authorized by the pertinent subsection of Section 401
15or subsection (b) of Section 404 is a Class 1 felony for which
16the person may be sentenced to a term of imprisonment of not
17less than 6 years and not more than 30 years, the penalty for
18an offense under this Section is a Class 1 felony for which the
19person may be sentenced to a term of imprisonment of not less
20than 9 years and not more than 40 years. :
21        (1) subsection (c) of Section 401 in any school, on or
22    within 500 feet of the real property comprising any school,
23    or in any conveyance owned, leased or contracted by a
24    school to transport students to or from school or a school
25    related activity, and at the time of the violation persons
26    under the age of 18 are present, the offense is committed

 

 

SB1971- 68 -LRB101 08001 SLF 53058 b

1    during school hours, or the offense is committed at times
2    when persons under the age of 18 are reasonably expected to
3    be present in the school, in the conveyance, or on the real
4    property, such as when after-school activities are
5    occurring, or in any public park or on or within 500 feet
6    of the real property comprising any public park, on the
7    real property comprising any church, synagogue, or other
8    building, structure, or place used primarily for religious
9    worship, or within 500 feet of the real property comprising
10    any church, synagogue, or other building, structure, or
11    place used primarily for religious worship, on the real
12    property comprising any of the following places,
13    buildings, or structures used primarily for housing or
14    providing space for activities for senior citizens:
15    nursing homes, assisted-living centers, senior citizen
16    housing complexes, or senior centers oriented toward
17    daytime activities, or within 500 feet of the real property
18    comprising any of the following places, buildings, or
19    structures used primarily for housing or providing space
20    for activities for senior citizens: nursing homes,
21    assisted-living centers, senior citizen housing complexes,
22    or senior centers oriented toward daytime activities and at
23    the time of the violation persons are present or reasonably
24    expected to be present in the church, synagogue, or other
25    building, structure, or place used primarily for religious
26    worship during worship services, or in buildings or

 

 

SB1971- 69 -LRB101 08001 SLF 53058 b

1    structures used primarily for housing or providing space
2    for activities for senior citizens: nursing homes,
3    assisted-living centers, senior citizen housing complexes,
4    or senior centers oriented toward daytime activities
5    during the hours those places, buildings, or structures are
6    open for those activities, or on the real property is
7    guilty of a Class X felony, the fine for which shall not
8    exceed $500,000;
9        (2) subsection (d) of Section 401 in any school, on or
10    within 500 feet of the real property comprising any school,
11    or in any conveyance owned, leased or contracted by a
12    school to transport students to or from school or a school
13    related activity, and at the time of the violation persons
14    under the age of 18 are present, the offense is committed
15    during school hours, or the offense is committed at times
16    when persons under the age of 18 are reasonably expected to
17    be present in the school, in the conveyance, or on the real
18    property, such as when after-school activities are
19    occurring, or in any public park or on or within 500 feet
20    of the real property comprising any public park, on the
21    real property comprising any church, synagogue, or other
22    building, structure, or place used primarily for religious
23    worship, or within 500 feet of the real property comprising
24    any church, synagogue, or other building, structure, or
25    place used primarily for religious worship, on the real
26    property comprising any of the following places,

 

 

SB1971- 70 -LRB101 08001 SLF 53058 b

1    buildings, or structures used primarily for housing or
2    providing space for activities for senior citizens:
3    nursing homes, assisted-living centers, senior citizen
4    housing complexes, or senior centers oriented toward
5    daytime activities, or within 500 feet of the real property
6    comprising any of the following places, buildings, or
7    structures used primarily for housing or providing space
8    for activities for senior citizens: nursing homes,
9    assisted-living centers, senior citizen housing complexes,
10    or senior centers oriented toward daytime activities and at
11    the time of the violation persons are present or reasonably
12    expected to be present in the church, synagogue, or other
13    building, structure, or place used primarily for religious
14    worship during worship services, or in buildings or
15    structures used primarily for housing or providing space
16    for activities for senior citizens: nursing homes,
17    assisted-living centers, senior citizen housing complexes,
18    or senior centers oriented toward daytime activities
19    during the hours those places, buildings, or structures are
20    open for those activities, or on the real property is
21    guilty of a Class 1 felony, the fine for which shall not
22    exceed $250,000;
23        (3) subsection (e) of Section 401 or Subsection (b) of
24    Section 404 in any school, on or within 500 feet of the
25    real property comprising any school, or in any conveyance
26    owned, leased or contracted by a school to transport

 

 

SB1971- 71 -LRB101 08001 SLF 53058 b

1    students to or from school or a school related activity,
2    and at the time of the violation persons under the age of
3    18 are present, the offense is committed during school
4    hours, or the offense is committed at times when persons
5    under the age of 18 are reasonably expected to be present
6    in the school, in the conveyance, or on the real property,
7    such as when after-school activities are occurring, or in
8    any public park or on or within 500 feet of the real
9    property comprising any public park, on the real property
10    comprising any church, synagogue, or other building,
11    structure, or place used primarily for religious worship,
12    or within 500 feet of the real property comprising any
13    church, synagogue, or other building, structure, or place
14    used primarily for religious worship, on the real property
15    comprising any of the following places, buildings, or
16    structures used primarily for housing or providing space
17    for activities for senior citizens: nursing homes,
18    assisted-living centers, senior citizen housing complexes,
19    or senior centers oriented toward daytime activities, or
20    within 500 feet of the real property comprising any of the
21    following places, buildings, or structures used primarily
22    for housing or providing space for activities for senior
23    citizens: nursing homes, assisted-living centers, senior
24    citizen housing complexes, or senior centers oriented
25    toward daytime activities and at the time of the violation
26    persons are present or reasonably expected to be present in

 

 

SB1971- 72 -LRB101 08001 SLF 53058 b

1    the church, synagogue, or other building, structure, or
2    place used primarily for religious worship during worship
3    services, or in buildings or structures used primarily for
4    housing or providing space for activities for senior
5    citizens: nursing homes, assisted-living centers, senior
6    citizen housing complexes, or senior centers oriented
7    toward daytime activities during the hours those places,
8    buildings, or structures are open for those activities, or
9    on the real property is guilty of a Class 2 felony, the
10    fine for which shall not exceed $200,000;
11        (4) subsection (f) of Section 401 in any school, on or
12    within 500 feet of the real property comprising any school,
13    or in any conveyance owned, leased or contracted by a
14    school to transport students to or from school or a school
15    related activity, and at the time of the violation persons
16    under the age of 18 are present, the offense is committed
17    during school hours, or the offense is committed at times
18    when persons under the age of 18 are reasonably expected to
19    be present in the school, in the conveyance, or on the real
20    property, such as when after-school activities are
21    occurring, or in any public park or on or within 500 feet
22    of the real property comprising any public park, on the
23    real property comprising any church, synagogue, or other
24    building, structure, or place used primarily for religious
25    worship, or within 500 feet of the real property comprising
26    any church, synagogue, or other building, structure, or

 

 

SB1971- 73 -LRB101 08001 SLF 53058 b

1    place used primarily for religious worship, on the real
2    property comprising any of the following places,
3    buildings, or structures used primarily for housing or
4    providing space for activities for senior citizens:
5    nursing homes, assisted-living centers, senior citizen
6    housing complexes, or senior centers oriented toward
7    daytime activities, or within 500 feet of the real property
8    comprising any of the following places, buildings, or
9    structures used primarily for housing or providing space
10    for activities for senior citizens: nursing homes,
11    assisted-living centers, senior citizen housing complexes,
12    or senior centers oriented toward daytime activities and at
13    the time of the violation persons are present or reasonably
14    expected to be present in the church, synagogue, or other
15    building, structure, or place used primarily for religious
16    worship during worship services, or in buildings or
17    structures used primarily for housing or providing space
18    for activities for senior citizens: nursing homes,
19    assisted-living centers, senior citizen housing complexes,
20    or senior centers oriented toward daytime activities
21    during the hours those places, buildings, or structures are
22    open for those activities, or on the real property is
23    guilty of a Class 2 felony, the fine for which shall not
24    exceed $150,000;
25        (5) subsection (g) of Section 401 in any school, on or
26    within 500 feet of the real property comprising any school,

 

 

SB1971- 74 -LRB101 08001 SLF 53058 b

1    or in any conveyance owned, leased or contracted by a
2    school to transport students to or from school or a school
3    related activity, and at the time of the violation persons
4    under the age of 18 are present, the offense is committed
5    during school hours, or the offense is committed at times
6    when persons under the age of 18 are reasonably expected to
7    be present in the school, in the conveyance, or on the real
8    property, such as when after-school activities are
9    occurring, or in any public park or on or within 500 feet
10    of the real property comprising any public park, on the
11    real property comprising any church, synagogue, or other
12    building, structure, or place used primarily for religious
13    worship, or within 500 feet of the real property comprising
14    any church, synagogue, or other building, structure, or
15    place used primarily for religious worship, on the real
16    property comprising any of the following places,
17    buildings, or structures used primarily for housing or
18    providing space for activities for senior citizens:
19    nursing homes, assisted-living centers, senior citizen
20    housing complexes, or senior centers oriented toward
21    daytime activities, or within 500 feet of the real property
22    comprising any of the following places, buildings, or
23    structures used primarily for housing or providing space
24    for activities for senior citizens: nursing homes,
25    assisted-living centers, senior citizen housing complexes,
26    or senior centers oriented toward daytime activities and at

 

 

SB1971- 75 -LRB101 08001 SLF 53058 b

1    the time of the violation persons are present or reasonably
2    expected to be present in the church, synagogue, or other
3    building, structure, or place used primarily for religious
4    worship during worship services, or in buildings or
5    structures used primarily for housing or providing space
6    for activities for senior citizens: nursing homes,
7    assisted-living centers, senior citizen housing complexes,
8    or senior centers oriented toward daytime activities
9    during the hours those places, buildings, or structures are
10    open for those activities, or on the real property is
11    guilty of a Class 2 felony, the fine for which shall not
12    exceed $125,000;
13        (6) subsection (h) of Section 401 in any school, on or
14    within 500 feet of the real property comprising any school,
15    or in any conveyance owned, leased or contracted by a
16    school to transport students to or from school or a school
17    related activity, and at the time of the violation persons
18    under the age of 18 are present, the offense is committed
19    during school hours, or the offense is committed at times
20    when persons under the age of 18 are reasonably expected to
21    be present in the school, in the conveyance, or on the real
22    property, such as when after-school activities are
23    occurring, or in any public park or on or within 500 feet
24    of the real property comprising any public park, on the
25    real property comprising any church, synagogue, or other
26    building, structure, or place used primarily for religious

 

 

SB1971- 76 -LRB101 08001 SLF 53058 b

1    worship, or within 500 feet of the real property comprising
2    any church, synagogue, or other building, structure, or
3    place used primarily for religious worship, on the real
4    property comprising any of the following places,
5    buildings, or structures used primarily for housing or
6    providing space for activities for senior citizens:
7    nursing homes, assisted-living centers, senior citizen
8    housing complexes, or senior centers oriented toward
9    daytime activities, or within 500 feet of the real property
10    comprising any of the following places, buildings, or
11    structures used primarily for housing or providing space
12    for activities for senior citizens: nursing homes,
13    assisted-living centers, senior citizen housing complexes,
14    or senior centers oriented toward daytime activities and at
15    the time of the violation persons are present or reasonably
16    expected to be present in the church, synagogue, or other
17    building, structure, or place used primarily for religious
18    worship during worship services, or in buildings or
19    structures used primarily for housing or providing space
20    for activities for senior citizens: nursing homes,
21    assisted-living centers, senior citizen housing complexes,
22    or senior centers oriented toward daytime activities
23    during the hours those places, buildings, or structures are
24    open for those activities, or on the real property is
25    guilty of a Class 2 felony, the fine for which shall not
26    exceed $100,000.

 

 

SB1971- 77 -LRB101 08001 SLF 53058 b

1    (c) (Blank). Regarding penalties prescribed in subsection
2(b) for violations committed in a school or on or within 500
3feet of school property, the time of day and time of year at
4the time of the offense is irrelevant.
5(Source: P.A. 100-3, eff. 1-1-18.)
 
6    (720 ILCS 570/407.1)  (from Ch. 56 1/2, par. 1407.1)
7    Sec. 407.1. Any person 18 years of age or over who violates
8any subsection of Section 401 or , Section 404 or Section 405
9by using, engaging or employing a person under 18 years of age
10to deliver a controlled, counterfeit or look-alike substance
11may, at the discretion of the court, be sentenced to a maximum
12term of imprisonment that is equal to the maximum term of
13imprisonment for the underlying offense plus the minimum term
14of imprisonment for the underlying offense for a term up to
15three times the maximum amount authorized by the pertinent
16subsection of Section 401, Section 404 or Section 405.
17(Source: P.A. 91-297, eff. 1-1-00.)
 
18    (720 ILCS 570/407.2)  (from Ch. 56 1/2, par. 1407.2)
19    Sec. 407.2. Delivery of a controlled substance to a
20pregnant woman.
21    (a) Any person who violates any subsection (a) of Section
22401 of this Act by delivering a controlled substance to a woman
23he knows to be pregnant may, at the discretion of the court, be
24sentenced to a maximum term of imprisonment that is equal to

 

 

SB1971- 78 -LRB101 08001 SLF 53058 b

1the maximum term of imprisonment for the underlying offense
2plus the minimum term of imprisonment for the underlying
3offense a term twice the maximum amount authorized by Section
4401 of this Act.
5    (b) (Blank). Any person who delivers an amount of a
6controlled substance set forth in subsections (c) and (d) of
7Section 401 of this Act to a woman he knows to be pregnant
8commits a Class 1 felony. The fine for a violation of this
9subsection (b) shall not be more than $250,000.
10(Source: P.A. 86-1459; 87-754.)
 
11    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
12    Sec. 410. (a) Whenever any person who has not previously
13been convicted of any felony offense under this Act or any law
14of the United States or of any State relating to cannabis or
15controlled substances, pleads guilty to or is found guilty of
16possession of a controlled or counterfeit substance under
17subsection (c) of Section 402 or of unauthorized possession of
18prescription form under Section 406.2, the court, without
19entering a judgment and with the consent of such person, may
20sentence him or her to probation.
21    (b) When a person is placed on probation, the court shall
22enter an order specifying a period of probation of 24 months
23and shall defer further proceedings in the case until the
24conclusion of the period or until the filing of a petition
25alleging violation of a term or condition of probation.

 

 

SB1971- 79 -LRB101 08001 SLF 53058 b

1    (c) The conditions of probation shall be that the person:
2(1) not violate any criminal statute of any jurisdiction; (2)
3refrain from possessing a firearm or other dangerous weapon;
4(3) submit to periodic drug testing at a time and in a manner
5as ordered by the court, but no less than 3 times during the
6period of the probation, with the cost of the testing to be
7paid by the probationer; and (4) perform no less than 30 hours
8of community service, provided community service is available
9in the jurisdiction and is funded and approved by the county
10board. The court may give credit toward the fulfillment of
11community service hours for participation in activities and
12treatment as determined by court services.
13    (d) The court may, in addition to other conditions, require
14that the person:
15        (1) make a report to and appear in person before or
16    participate with the court or such courts, person, or
17    social service agency as directed by the court in the order
18    of probation;
19        (2) pay a fine and costs;
20        (3) work or pursue a course of study or vocational
21    training;
22        (4) undergo medical or psychiatric treatment; or
23    treatment or rehabilitation approved by the Illinois
24    Department of Human Services;
25        (5) attend or reside in a facility established for the
26    instruction or residence of defendants on probation;

 

 

SB1971- 80 -LRB101 08001 SLF 53058 b

1        (6) support his or her dependents;
2        (6-5) refrain from having in his or her body the
3    presence of any illicit drug prohibited by the Cannabis
4    Control Act, the Illinois Controlled Substances Act, or the
5    Methamphetamine Control and Community Protection Act,
6    unless prescribed by a physician, and submit samples of his
7    or her blood or urine or both for tests to determine the
8    presence of any illicit drug;
9        (7) and in addition, if a minor:
10            (i) reside with his or her parents or in a foster
11        home;
12            (ii) attend school;
13            (iii) attend a non-residential program for youth;
14            (iv) contribute to his or her own support at home
15        or in a foster home.
16    (e) Upon violation of a term or condition of probation, the
17court may enter a judgment on its original finding of guilt and
18proceed as otherwise provided.
19    (f) Upon fulfillment of the terms and conditions of
20probation, the court shall discharge the person and dismiss the
21proceedings against him or her.
22    (g) A disposition of probation is considered to be a
23conviction for the purposes of imposing the conditions of
24probation and for appeal, however, discharge and dismissal
25under this Section is not a conviction for purposes of this Act
26or for purposes of disqualifications or disabilities imposed by

 

 

SB1971- 81 -LRB101 08001 SLF 53058 b

1law upon conviction of a crime.
2    (h) (Blank). A person may not have more than one discharge
3and dismissal under this Section within a 4-year period.
4    (i) If a person is convicted of an offense under this Act,
5the Cannabis Control Act, or the Methamphetamine Control and
6Community Protection Act within 5 years subsequent to a
7discharge and dismissal under this Section, the discharge and
8dismissal under this Section shall be admissible in the
9sentencing proceeding for that conviction as evidence in
10aggravation.
11    (j) Notwithstanding subsection (a), before a person is
12sentenced to probation under this Section, the court may refer
13the person to the drug court established in that judicial
14circuit pursuant to Section 15 of the Drug Court Treatment Act.
15The drug court team shall evaluate the person's likelihood of
16successfully completing a sentence of probation under this
17Section and shall report the results of its evaluation to the
18court. If the drug court team finds that the person suffers
19from a substance abuse problem that makes him or her
20substantially unlikely to successfully complete a sentence of
21probation under this Section, then the drug court shall set
22forth its findings in the form of a written order, and the
23person shall not be sentenced to probation under this Section,
24but shall be considered for the drug court program.
25(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,
26eff. 1-8-18.)
 

 

 

SB1971- 82 -LRB101 08001 SLF 53058 b

1    (720 ILCS 570/405 rep.)
2    (720 ILCS 570/405.1 rep.)
3    (720 ILCS 570/408 rep.)
4    Section 25. The Illinois Controlled Substances Act is
5amended by repealing Sections 405, 405.1, and 408.
 
6    Section 30. The Drug Paraphernalia Control Act is amended
7by changing Section 3.5 as follows:
 
8    (720 ILCS 600/3.5)
9    Sec. 3.5. Possession of drug paraphernalia.
10    (a) A person who knowingly possesses an item of drug
11paraphernalia with the intent to use it in ingesting, inhaling,
12or otherwise introducing cannabis or a controlled substance
13into the human body, or in preparing cannabis or a controlled
14substance for that use, is guilty of a Class A misdemeanor for
15which the court shall impose a minimum fine of $750 in addition
16to any other penalty prescribed for a Class A misdemeanor. This
17subsection (a) does not apply to a person who is legally
18authorized to possess hypodermic syringes or needles under the
19Hypodermic Syringes and Needles Act.
20    (b) In determining intent under subsection (a), the trier
21of fact may take into consideration the proximity of the
22cannabis or controlled substances to drug paraphernalia or the
23presence of cannabis or a controlled substance on the drug

 

 

SB1971- 83 -LRB101 08001 SLF 53058 b

1paraphernalia.
2    (c) If a person violates subsection (a) of Section 4 of the
3Cannabis Control Act, the penalty for possession of any drug
4paraphernalia seized during the violation for that offense
5shall be a civil law violation punishable by a minimum fine not
6to exceed $125 of $100 and a maximum fine of $200. The proceeds
7of the fine shall be payable to the clerk of the circuit court.
8Within 30 days after the deposit of the fine, the clerk shall
9distribute the proceeds of the fine as follows:
10        (1) $10 of the fine to the circuit clerk and $10 of the
11    fine to the law enforcement agency that issued the
12    citation; the proceeds of each $10 fine distributed to the
13    circuit clerk and each $10 fine distributed to the law
14    enforcement agency that issued the citation for the
15    violation shall be used to defer the cost of automatic
16    expungements under paragraph (2.5) of subsection (a) of
17    Section 5.2 of the Criminal Identification Act;
18        (2) $15 to the county to fund drug addiction services;
19        (3) $10 to the Office of the State's Attorneys
20    Appellate Prosecutor for use in training programs;
21        (4) $10 to the State's Attorney; and
22        (5) any remainder of the fine to the law enforcement
23    agency that issued the citation for the violation.
24    With respect to funds designated for the Department of
25State Police, the moneys shall be remitted by the circuit court
26clerk to the Department of State Police within one month after

 

 

SB1971- 84 -LRB101 08001 SLF 53058 b

1receipt for deposit into the State Police Operations Assistance
2Fund. With respect to funds designated for the Department of
3Natural Resources, the Department of Natural Resources shall
4deposit the moneys into the Conservation Police Operations
5Assistance Fund.
6(Source: P.A. 99-697, eff. 7-29-16.)
 
7    Section 35. The Methamphetamine Control and Community
8Protection Act is amended by changing Sections 15, 20, 25, 30,
935, 40, 45, 50, 55, 56, 60, and 70 and by adding Sections 55.1,
1055.2, 55.3, 55.4, and 55.5 as follows:
 
11    (720 ILCS 646/15)
12    Sec. 15. Participation in methamphetamine manufacturing.
13    (a) Participation in methamphetamine manufacturing.
14        (1) It is unlawful to knowingly participate in the
15    manufacture of methamphetamine with the intent that
16    methamphetamine or a substance containing methamphetamine
17    be produced.
18        (2) A person who violates paragraph (1) of this
19    subsection (a) is subject to the following penalties:
20            (A) A person who participates in the manufacture of
21        less than 15 grams of methamphetamine or a substance
22        containing methamphetamine is guilty of a Class 2 1
23        felony.
24            (B) A person who participates in the manufacture of

 

 

SB1971- 85 -LRB101 08001 SLF 53058 b

1        15 or more grams but less than 100 grams of
2        methamphetamine or a substance containing
3        methamphetamine is guilty of a Class 1 X felony,
4        subject to a term of imprisonment of not less than 6
5        years and not more than 30 years, and subject to a fine
6        not to exceed $100,000 or the street value of the
7        methamphetamine manufactured, whichever is greater.
8            (C) A person who participates in the manufacture of
9        100 or more grams but less than 400 grams of
10        methamphetamine or a substance containing
11        methamphetamine is guilty of a Class 1 X felony, for
12        which the person may be sentenced subject to a term of
13        imprisonment of not less than 6 9 years and not more
14        than 30 40 years, and subject to a fine not to exceed
15        $200,000 or the street value of the methamphetamine
16        manufactured, whichever is greater.
17            (D) A person who participates in the manufacture of
18        400 or more grams but less than 900 grams of
19        methamphetamine or a substance containing
20        methamphetamine is guilty of a Class 1 X felony, for
21        which the person may be sentenced subject to a term of
22        imprisonment of not less than 6 12 years and not more
23        than 30 50 years, and subject to a fine not to exceed
24        $300,000 or the street value of the methamphetamine
25        manufactured, whichever is greater.
26            (E) A person who participates in the manufacture of

 

 

SB1971- 86 -LRB101 08001 SLF 53058 b

1        900 grams or more of methamphetamine or a substance
2        containing methamphetamine is guilty of a Class 1 X
3        felony, for which the person may be sentenced subject
4        to a term of imprisonment of not less than 6 15 years
5        and not more than 30 60 years, and subject to a fine
6        not to exceed $400,000 or the street value of the
7        methamphetamine, whichever is greater.
8    (b) Aggravated participation in methamphetamine
9manufacturing.
10        (1) It is unlawful to engage in aggravated
11    participation in the manufacture of methamphetamine. A
12    person engages in aggravated participation in the
13    manufacture of methamphetamine when the person violates
14    paragraph (1) of subsection (a) and:
15            (A) the person knowingly does so in a multi-unit
16        dwelling;
17            (B) the person knowingly does so in a structure or
18        vehicle where a child under the age of 18, a person
19        with a disability, or a person 60 years of age or older
20        who is incapable of adequately providing for his or her
21        own health and personal care resides, is present, or is
22        endangered by the manufacture of methamphetamine;
23            (C) the person does so in a structure or vehicle
24        where a woman the person knows to be pregnant
25        (including but not limited to the person herself)
26        resides, is present, or is endangered by the

 

 

SB1971- 87 -LRB101 08001 SLF 53058 b

1        methamphetamine manufacture;
2            (D) the person knowingly does so in a structure or
3        vehicle protected by one or more firearms, explosive
4        devices, booby traps, alarm systems, surveillance
5        systems, guard dogs, or dangerous animals;
6            (E) the methamphetamine manufacturing in which the
7        person participates is a contributing cause of the
8        death, serious bodily injury, disability, or
9        disfigurement of another person, including but not
10        limited to an emergency service provider;
11            (F) the methamphetamine manufacturing in which the
12        person participates is a contributing cause of a fire
13        or explosion that damages property belonging to
14        another person;
15            (G) the person knowingly organizes, directs, or
16        finances the methamphetamine manufacturing or
17        activities carried out in support of the
18        methamphetamine manufacturing; or
19            (H) the methamphetamine manufacturing occurs
20        within 500 feet of a place of worship or parsonage, or
21        within 500 feet of the real property comprising any
22        school at a time when children, clergy, patrons, staff,
23        or other persons are present or any activity sanctioned
24        by the place of worship or parsonage or school is
25        taking place.
26        (2) A person who violates paragraph (1) of this

 

 

SB1971- 88 -LRB101 08001 SLF 53058 b

1    subsection (b) is subject to the following penalties:
2            (A) A person who participates in the manufacture of
3        less than 15 grams of methamphetamine or a substance
4        containing methamphetamine is guilty of a Class 1 X
5        felony, subject to a term of imprisonment of not less
6        than 6 years and not more than 30 years, and subject to
7        a fine not to exceed $100,000 or the street value of
8        the methamphetamine, whichever is greater.
9            (B) A person who participates in the manufacture of
10        15 or more grams but less than 100 grams of
11        methamphetamine or a substance containing
12        methamphetamine is guilty of a Class 1 X felony, for
13        which the person may be sentenced subject to a term of
14        imprisonment of not less than 6 9 years and not more
15        than 30 40 years, and subject to a fine not to exceed
16        $200,000 or the street value of the methamphetamine,
17        whichever is greater.
18            (C) A person who participates in the manufacture of
19        100 or more grams but less than 400 grams of
20        methamphetamine or a substance containing
21        methamphetamine is guilty of a Class 1 X felony, for
22        which the person may be sentenced subject to a term of
23        imprisonment of not less than 6 12 years and not more
24        than 30 50 years, and subject to a fine not to exceed
25        $300,000 or the street value of the methamphetamine,
26        whichever is greater.

 

 

SB1971- 89 -LRB101 08001 SLF 53058 b

1            (D) A person who participates in the manufacture of
2        400 grams or more of methamphetamine or a substance
3        containing methamphetamine is guilty of a Class 1 X
4        felony, for which the person may be sentenced subject
5        to a term of imprisonment of not less than 6 15 years
6        and not more than 30 60 years, and subject to a fine
7        not to exceed $400,000 or the street value of the
8        methamphetamine, whichever is greater.
9(Source: P.A. 100-3, eff. 1-1-18.)
 
10    (720 ILCS 646/20)
11    Sec. 20. Methamphetamine precursor.
12    (a) Methamphetamine precursor or substance containing any
13methamphetamine precursor in standard dosage form.
14        (1) It is unlawful to knowingly possess, procure,
15    transport, store, or deliver any methamphetamine precursor
16    or substance containing any methamphetamine precursor in
17    standard dosage form with the intent that it be used to
18    manufacture methamphetamine or a substance containing
19    methamphetamine.
20        (2) A person who violates paragraph (1) of this
21    subsection (a) is subject to the following penalties:
22            (A) A person who possesses, procures, transports,
23        stores, or delivers less than 15 grams of
24        methamphetamine precursor or substance containing any
25        methamphetamine precursor is guilty of a Class 4 2

 

 

SB1971- 90 -LRB101 08001 SLF 53058 b

1        felony.
2            (B) A person who possesses, procures, transports,
3        stores, or delivers 15 or more grams but less than 30
4        grams of methamphetamine precursor or substance
5        containing any methamphetamine precursor is guilty of
6        a Class 3 1 felony.
7            (C) A person who possesses, procures, transports,
8        stores, or delivers 30 or more grams but less than 150
9        grams of methamphetamine precursor or substance
10        containing any methamphetamine precursor is guilty of
11        a Class 2 X felony, subject to a term of imprisonment
12        of not less than 6 years and not more than 30 years,
13        and subject to a fine not to exceed $100,000.
14            (D) A person who possesses, procures, transports,
15        stores, or delivers 150 or more grams but less than 500
16        grams of methamphetamine precursor or substance
17        containing any methamphetamine precursor is guilty of
18        a Class 1 X felony, subject to a term of imprisonment
19        of not less than 8 years and not more than 40 years,
20        and subject to a fine not to exceed $200,000.
21            (E) A person who possesses, procures, transports,
22        stores, or delivers 500 or more grams of
23        methamphetamine precursor or substance containing any
24        methamphetamine precursor is guilty of a Class 1 X
25        felony, for which the person may be sentenced subject
26        to a term of imprisonment of not less than 6 10 years

 

 

SB1971- 91 -LRB101 08001 SLF 53058 b

1        and not more than 30 50 years, and subject to a fine
2        not to exceed $300,000.
3    (b) (Blank). Methamphetamine precursor or substance
4containing any methamphetamine precursor in any form other than
5a standard dosage form.
6        (1) It is unlawful to knowingly possess, procure,
7    transport, store, or deliver any methamphetamine precursor
8    or substance containing any methamphetamine precursor in
9    any form other than a standard dosage form with the intent
10    that it be used to manufacture methamphetamine or a
11    substance containing methamphetamine.
12        (2) A person who violates paragraph (1) of this
13    subsection (b) is subject to the following penalties:
14            (A) A person who violates paragraph (1) of this
15        subsection (b) with the intent that less than 10 grams
16        of methamphetamine or a substance containing
17        methamphetamine be manufactured is guilty of a Class 2
18        felony.
19            (B) A person who violates paragraph (1) of this
20        subsection (b) with the intent that 10 or more grams
21        but less than 20 grams of methamphetamine or a
22        substance containing methamphetamine be manufactured
23        is guilty of a Class 1 felony.
24            (C) A person who violates paragraph (1) of this
25        subsection (b) with the intent that 20 or more grams
26        but less than 100 grams of methamphetamine or a

 

 

SB1971- 92 -LRB101 08001 SLF 53058 b

1        substance containing methamphetamine be manufactured
2        is guilty of a Class X felony, subject to a term of
3        imprisonment of not less than 6 years and not more than
4        30 years, and subject to a fine not to exceed $100,000.
5            (D) A person who violates paragraph (1) of this
6        subsection (b) with the intent that 100 or more grams
7        but less than 350 grams of methamphetamine or a
8        substance containing methamphetamine be manufactured
9        is guilty of a Class X felony, subject to a term of
10        imprisonment of not less than 8 years and not more than
11        40 years, and subject to a fine not to exceed $200,000.
12            (E) A person who violates paragraph (1) of this
13        subsection (b) with the intent that 350 or more grams
14        of methamphetamine or a substance containing
15        methamphetamine be manufactured is guilty of a Class X
16        felony, subject to a term of imprisonment of not less
17        than 10 years and not more than 50 years, and subject
18        to a fine not to exceed $300,000.
19    (c) Rule of evidence. The presence of any methamphetamine
20precursor in a sealed, factory imprinted container, including,
21but not limited to, a bottle, box, package, or blister pack, at
22the time of seizure by law enforcement, is prima facie evidence
23that the methamphetamine precursor located within the
24container is in fact the material so described and in the
25amount listed on the container. The factory imprinted container
26is admissible for a violation of this Act for purposes of

 

 

SB1971- 93 -LRB101 08001 SLF 53058 b

1proving the contents of the container.
2(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
 
3    (720 ILCS 646/25)
4    Sec. 25. Anhydrous ammonia.
5    (a) Possession, procurement, transportation, storage, or
6delivery of anhydrous ammonia with the intent that it be used
7to manufacture methamphetamine.
8        (1) It is unlawful to knowingly engage in the
9    possession, procurement, transportation, storage, or
10    delivery of anhydrous ammonia or to attempt to engage in
11    any of these activities or to assist another in engaging in
12    any of these activities with the intent that the anhydrous
13    ammonia be used to manufacture methamphetamine.
14        (2) A person who violates paragraph (1) of this
15    subsection (a) is guilty of a Class 2 1 felony.
16    (b) Aggravated possession, procurement, transportation,
17storage, or delivery of anhydrous ammonia with the intent that
18it be used to manufacture methamphetamine.
19        (1) It is unlawful to knowingly engage in the
20    aggravated possession, procurement, transportation,
21    storage, or delivery of anhydrous ammonia with the intent
22    that it be used to manufacture methamphetamine. A person
23    commits this offense when the person engages in the
24    possession, procurement, transportation, storage, or
25    delivery of anhydrous ammonia or attempts to engage in any

 

 

SB1971- 94 -LRB101 08001 SLF 53058 b

1    of these activities or assists another in engaging in any
2    of these activities with the intent that the anhydrous
3    ammonia be used to manufacture methamphetamine and:
4            (A) the person knowingly does so in a multi-unit
5        dwelling;
6            (B) the person knowingly does so in a structure or
7        vehicle where a child under the age of 18, or a person
8        with a disability, or a person who is 60 years of age
9        or older who is incapable of adequately providing for
10        his or her own health and personal care resides, is
11        present, or is endangered by the anhydrous ammonia;
12            (C) the person's possession, procurement,
13        transportation, storage, or delivery of anhydrous
14        ammonia is a contributing cause of the death, serious
15        bodily injury, disability, or disfigurement of another
16        person; or
17            (D) the person's possession, procurement,
18        transportation, storage, or delivery of anhydrous
19        ammonia is a contributing cause of a fire or explosion
20        that damages property belonging to another person.
21        (2) A person who violates paragraph (1) of this
22    subsection (b) is guilty of a Class 1 X felony, subject to
23    a term of imprisonment of not less than 6 years and not
24    more than 30 years, and subject to a fine not to exceed
25    $100,000.
26    (c) Possession, procurement, transportation, storage, or

 

 

SB1971- 95 -LRB101 08001 SLF 53058 b

1delivery of anhydrous ammonia in an unauthorized container.
2        (1) It is unlawful to knowingly possess, procure,
3    transport, store, or deliver anhydrous ammonia in an
4    unauthorized container.
5        (1.5) (Blank) It is unlawful to attempt to possess,
6    procure, transport, store, or deliver anhydrous ammonia in
7    an unauthorized container.
8        (2) A person who violates paragraph (1) of this
9    subsection (c) is guilty of a Class 4 3 felony. A person
10    who violates paragraph (1.5) of this subsection (c) is
11    guilty of a Class 4 felony.
12        (3) Affirmative defense. It is an affirmative defense
13    that the person charged possessed, procured, transported,
14    stored, or delivered anhydrous ammonia in a manner that
15    substantially complied with the rules governing anhydrous
16    ammonia equipment found in 8 Illinois Administrative Code
17    Section 215, in 92 Illinois Administrative Code Sections
18    171 through 180, or in any provision of the Code of Federal
19    Regulations incorporated by reference into these Sections
20    of the Illinois Administrative Code.
21    (d) Tampering with anhydrous ammonia equipment.
22        (1) It is unlawful to knowingly tamper with anhydrous
23    ammonia equipment. A person tampers with anhydrous ammonia
24    equipment when, without authorization from the lawful
25    owner, the person:
26            (A) removes or attempts to remove anhydrous

 

 

SB1971- 96 -LRB101 08001 SLF 53058 b

1        ammonia from the anhydrous ammonia equipment used by
2        the lawful owner;
3            (B) damages or attempts to damage the anhydrous
4        ammonia equipment used by the lawful owner; or
5            (C) vents or attempts to vent anhydrous ammonia
6        into the environment.
7        (2) A person who violates paragraph (1) of this
8    subsection (d) is guilty of a Class 3 felony.
9(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06;
1095-690, eff. 1-1-08.)
 
11    (720 ILCS 646/30)
12    Sec. 30. Methamphetamine manufacturing material.
13    (a) It is unlawful to knowingly engage in the possession,
14procurement, transportation, storage, or delivery of any
15methamphetamine manufacturing material, other than a
16methamphetamine precursor, substance containing a
17methamphetamine precursor, or anhydrous ammonia, with the
18intent that it be used to manufacture methamphetamine.
19    (b) A person who violates subsection (a) of this Section is
20guilty of a Class 3 2 felony.
21(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
 
22    (720 ILCS 646/35)
23    Sec. 35. Use of property.
24    (a) It is unlawful for a person knowingly to use or allow

 

 

SB1971- 97 -LRB101 08001 SLF 53058 b

1the use of a vehicle, a structure, real property, or personal
2property within the person's control to help bring about a
3violation of this Act.
4    (b) A person who violates subsection (a) of this Section is
5guilty of a Class 3 2 felony.
6(Source: P.A. 94-556, eff. 9-11-05.)
 
7    (720 ILCS 646/40)
8    Sec. 40. Protection of methamphetamine manufacturing.
9    (a) It is unlawful to engage in the protection of
10methamphetamine manufacturing. A person engages in the
11protection of methamphetamine manufacturing when:
12        (1) the person knows that others have been
13    participating, are participating, or will be participating
14    in the manufacture of methamphetamine; and
15        (2) with the intent to help prevent detection of or
16    interference with the methamphetamine manufacturing, the
17    person serves as a lookout for or guard of the
18    methamphetamine manufacturing.
19    (b) A person who violates subsection (a) of this Section is
20guilty of a Class 3 2 felony.
21(Source: P.A. 94-556, eff. 9-11-05.)
 
22    (720 ILCS 646/45)
23    Sec. 45. Methamphetamine manufacturing waste.
24    (a) It is unlawful to knowingly burn, place in a trash

 

 

SB1971- 98 -LRB101 08001 SLF 53058 b

1receptacle, or dispose of methamphetamine manufacturing waste,
2knowing that the waste was used in the manufacturing of
3methamphetamine.
4    (b) A person who violates subsection (a) of this Section is
5guilty of a Class 3 2 felony.
6(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
 
7    (720 ILCS 646/50)
8    Sec. 50. Methamphetamine-related child endangerment.
9    (a) Methamphetamine-related child endangerment.
10        (1) It is unlawful to engage in
11    methamphetamine-related child endangerment. A person
12    engages in methamphetamine-related child endangerment when
13    the person knowingly endangers the life and health of a
14    child by exposing or allowing exposure of the child to a
15    methamphetamine manufacturing environment.
16        (2) A person who violates paragraph (1) of this
17    subsection (a) is guilty of a Class 2 felony.
18    (b) Aggravated methamphetamine-related child endangerment.
19        (1) It is unlawful to engage in aggravated
20    methamphetamine-related child endangerment. A person
21    engages in aggravated methamphetamine-related child
22    endangerment when the person violates paragraph (1) of this
23    subsection (a) of this Section and the child experiences
24    death, great bodily harm, disability, or disfigurement as a
25    result of the methamphetamine-related child endangerment.

 

 

SB1971- 99 -LRB101 08001 SLF 53058 b

1        (2) A person who violates paragraph (1) of this
2    subsection (b) is guilty of a Class 1 X felony, subject to
3    a term of imprisonment of not less than 6 years and not
4    more than 30 years, and subject to a fine not to exceed
5    $100,000.
6(Source: P.A. 94-556, eff. 9-11-05.)
 
7    (720 ILCS 646/55)
8    Sec. 55. Methamphetamine delivery.
9    (a) Delivery or possession with intent to deliver
10methamphetamine or a substance containing methamphetamine.
11        (1) It is unlawful knowingly to engage in the delivery
12    or possession with intent to deliver methamphetamine or a
13    substance containing methamphetamine.
14        (2) A person who violates paragraph (1) of this
15    subsection (a) is subject to the following penalties:
16            (A) A person who delivers or possesses with intent
17        to deliver less than one gram 5 grams of
18        methamphetamine or a substance containing
19        methamphetamine is guilty of a Class 4 2 felony.
20            (B) A person who delivers or possesses with intent
21        to deliver one 5 or more grams but less than 15 grams
22        of methamphetamine or a substance containing
23        methamphetamine is guilty of a Class 3 1 felony.
24            (C) A person who delivers or possesses with intent
25        to deliver 15 or more grams but less than 100 grams of

 

 

SB1971- 100 -LRB101 08001 SLF 53058 b

1        methamphetamine or a substance containing
2        methamphetamine is guilty of a Class 2 X felony,
3        subject to a term of imprisonment of not less than 6
4        years and not more than 30 years, and subject to a fine
5        not to exceed $100,000 or the street value of the
6        methamphetamine, whichever is greater.
7            (D) A person who delivers or possesses with intent
8        to deliver 100 or more grams but less than 400 grams of
9        methamphetamine or a substance containing
10        methamphetamine is guilty of a Class 1 X felony,
11        subject to a term of imprisonment of not less than 9
12        years and not more than 40 years, and subject to a fine
13        not to exceed $200,000 or the street value of the
14        methamphetamine, whichever is greater.
15            (E) A person who delivers or possesses with intent
16        to deliver 400 or more grams but less than 900 grams of
17        methamphetamine or a substance containing
18        methamphetamine is guilty of a Class 1 X felony,
19        subject to a term of imprisonment of not less than 12
20        years and not more than 50 years, and subject to a fine
21        not to exceed $300,000 or the street value of the
22        methamphetamine, whichever is greater.
23            (F) A person who delivers or possesses with intent
24        to deliver 900 or more grams of methamphetamine or a
25        substance containing methamphetamine is guilty of a
26        Class 1 X felony, for which the person may be sentenced

 

 

SB1971- 101 -LRB101 08001 SLF 53058 b

1        subject to a term of imprisonment of not less than 6 15
2        years and not more than 30 60 years, and subject to a
3        fine not to exceed $400,000 or the street value of the
4        methamphetamine, whichever is greater.
5    (b) (Blank). Aggravated delivery or possession with intent
6to deliver methamphetamine or a substance containing
7methamphetamine.
8        (1) It is unlawful to engage in the aggravated delivery
9    or possession with intent to deliver methamphetamine or a
10    substance containing methamphetamine. A person engages in
11    the aggravated delivery or possession with intent to
12    deliver methamphetamine or a substance containing
13    methamphetamine when the person violates paragraph (1) of
14    subsection (a) of this Section and:
15            (A) the person is at least 18 years of age and
16        knowingly delivers or possesses with intent to deliver
17        the methamphetamine or substance containing
18        methamphetamine to a person under 18 years of age;
19            (B) the person is at least 18 years of age and
20        knowingly uses, engages, employs, or causes another
21        person to use, engage, or employ a person under 18
22        years of age to deliver the methamphetamine or
23        substance containing methamphetamine;
24            (C) the person knowingly delivers or possesses
25        with intent to deliver the methamphetamine or
26        substance containing methamphetamine in any structure

 

 

SB1971- 102 -LRB101 08001 SLF 53058 b

1        or vehicle protected by one or more firearms, explosive
2        devices, booby traps, alarm systems, surveillance
3        systems, guard dogs, or dangerous animals;
4            (D) the person knowingly delivers or possesses
5        with intent to deliver the methamphetamine or
6        substance containing methamphetamine in any school, on
7        any real property comprising any school, or in any
8        conveyance owned, leased, or contracted by a school to
9        transport students to or from school or a
10        school-related activity and at the time of the
11        violation persons under the age of 18 are present, the
12        offense is committed during school hours, or the
13        offense is committed at times when persons under the
14        age of 18 are reasonably expected to be present in the
15        school, in the conveyance, or on the real property,
16        such as when after-school activities are occurring;
17            (E) the person delivers or causes another person to
18        deliver the methamphetamine or substance containing
19        methamphetamine to a woman that the person knows to be
20        pregnant; or
21            (F) (blank).
22        (2) A person who violates paragraph (1) of this
23    subsection (b) is subject to the following penalties:
24            (A) A person who delivers or possesses with intent
25        to deliver less than 5 grams of methamphetamine or a
26        substance containing methamphetamine is guilty of a

 

 

SB1971- 103 -LRB101 08001 SLF 53058 b

1        Class 1 felony.
2            (B) A person who delivers or possesses with intent
3        to deliver 5 or more grams but less than 15 grams of
4        methamphetamine or a substance containing
5        methamphetamine is guilty of a Class X felony, subject
6        to a term of imprisonment of not less than 6 years and
7        not more than 30 years, and subject to a fine not to
8        exceed $100,000 or the street value of the
9        methamphetamine, whichever is greater.
10            (C) A person who delivers or possesses with intent
11        to deliver 15 or more grams but less than 100 grams of
12        methamphetamine or a substance containing
13        methamphetamine is guilty of a Class X felony, subject
14        to a term of imprisonment of not less than 8 years and
15        not more than 40 years, and subject to a fine not to
16        exceed $200,000 or the street value of the
17        methamphetamine, whichever is greater.
18            (D) A person who delivers or possesses with intent
19        to deliver 100 or more grams of methamphetamine or a
20        substance containing methamphetamine is guilty of a
21        Class X felony, subject to a term of imprisonment of
22        not less than 10 years and not more than 50 years, and
23        subject to a fine not to exceed $300,000 or the street
24        value of the methamphetamine, whichever is greater.
25(Source: P.A. 100-3, eff. 1-1-18.)
 

 

 

SB1971- 104 -LRB101 08001 SLF 53058 b

1    (720 ILCS 646/55.1 new)
2    Sec. 55.1. Methamphetamine delivery by a person at least 18
3years of age to a person under 18 years of age. Any person who
4is at least 18 years of age who violates any subsection of
5Section 55 by delivering methamphetamine or substance
6containing methamphetamine to a person under 18 years of age
7may, at the discretion of the court, be sentenced to a maximum
8term of imprisonment that is equal to the maximum term of
9imprisonment for the underlying offense plus the minimum term
10of imprisonment for the underlying offense.
 
11    (720 ILCS 646/55.2 new)
12    Sec. 55.2. Employing person under 18 years of age to
13deliver methamphetamine. Any person who is at least 18 years of
14age who violates any subsection of Section 55 by using,
15engaging, or employing, or causing another person to use,
16engage, or employ a person under 18 years of age to deliver
17methamphetamine or substance containing methamphetamine may,
18at the discretion of the court, be sentenced to a maximum term
19of imprisonment that is equal to the maximum term of
20imprisonment for the underlying offense plus the minimum term
21of imprisonment for the underlying offense.
 
22    (720 ILCS 646/55.3 new)
23    Sec. 55.3. Delivery of methamphetamine or possession with
24intent to deliver methamphetamine—protected structure or

 

 

SB1971- 105 -LRB101 08001 SLF 53058 b

1vehicle. Any person who violates any subsection of Section 55
2by knowingly delivering or possessing with intent to deliver
3methamphetamine or substance containing methamphetamine in any
4structure or vehicle protected by one or more explosive
5devices, booby traps, or dangerous animals may, at the
6discretion of the court, be sentenced to a maximum term of
7imprisonment that is equal to the maximum term of imprisonment
8for the underlying offense plus the minimum term of
9imprisonment for the underlying offense.
 
10    (720 ILCS 646/55.4 new)
11    Sec. 55.4. Methamphetamine delivery or possession with
12intent to deliver methamphetamine on school grounds. Any person
13who violates any subsection of Section 55 by delivering or
14possessing with intent to deliver methamphetamine or substance
15containing methamphetamine in any school, on any real property
16comprising any school, or in any conveyance owned, leased, or
17contracted by a school to transport students to or from school
18or a school-related activity shall be sentenced to a class of
19offense that is one class higher than the sentence otherwise
20authorized by the pertinent subsection of Section 55. If the
21sentence otherwise authorized by the pertinent subsection of
22Section 55 is a Class 1 felony for which the person may be
23sentenced to a term of imprisonment of not less than 4 years
24and not more than 15 years, the penalty for an offense under
25this Section is a Class 1 felony for which the person may be

 

 

SB1971- 106 -LRB101 08001 SLF 53058 b

1sentenced to a term of imprisonment of not less than 6 years
2and not more than 30 years. If the sentence otherwise
3authorized by the pertinent subsection of Section 55 is a Class
41 felony for which the person may be sentenced to a term of
5imprisonment of not less than 6 years and not more than 30
6years, the penalty for an offense under this Section is a Class
71 felony for which the person may be sentenced to a term of
8imprisonment of not less than 9 years and not more than 40
9years.
 
10    (720 ILCS 646/55.5 new)
11    Sec. 55.5. Methamphetamine delivery to pregnant woman. Any
12person who violates any subsection of Section 55 by delivering
13or causing to be delivered methamphetamine or substance
14containing methamphetamine to a woman that the person knows to
15be pregnant may, at the discretion of the court, be sentenced
16to a maximum term of imprisonment that is equal to the maximum
17term of imprisonment for the underlying offense plus the
18minimum term of imprisonment for the underlying offense.
 
19    (720 ILCS 646/56)
20    Sec. 56. Methamphetamine trafficking.
21    (a) Except for purposes as authorized by this Act, any
22person who knowingly brings, or causes to be brought, into this
23State 400 grams or more of methamphetamine or 500 grams or more
24of , anhydrous ammonia, or a methamphetamine precursor or any

 

 

SB1971- 107 -LRB101 08001 SLF 53058 b

1amount of anhydrous ammonia for the purpose of manufacture or
2delivery of methamphetamine or with the intent to manufacture
3or deliver methamphetamine is guilty of methamphetamine
4trafficking.
5    (a-5) A person convicted of methamphetamine trafficking
6shall be sentenced as authorized by Section 55 of this Act,
7based upon the amount of the methamphetamine brought or caused
8to be brought into this State, if the person at sentencing
9proves by a preponderance of the evidence that he or she:
10        (1) received little or no compensation from the illegal
11    transport of the methamphetamine into this State and had
12    minimal knowledge of the scope and structure of the
13    enterprise to manufacture or deliver the methamphetamine
14    transported; or
15        (2) was not involved in the organization or planning of
16    the enterprise to manufacture or deliver the
17    methamphetamine transported.
18    (b) Except as otherwise provided in subsection (a-5), a A
19person convicted of methamphetamine trafficking shall be
20sentenced to a term of imprisonment of not less than twice the
21minimum term and not more than twice the maximum term of
22imprisonment based upon the amount of methamphetamine brought
23or caused to be brought into this State, as provided in
24subsection (a) of Section 55 of this Act that is one class
25higher than the underlying offense. If the underlying offense
26is a Class 1 felony for which the offender may be sentenced to

 

 

SB1971- 108 -LRB101 08001 SLF 53058 b

1a term of imprisonment of not less than 6 years and not more
2than 30 years, the penalty for methamphetamine trafficking is a
3Class 1 felony for which the person may be sentenced to a term
4of imprisonment of not less 9 years and not more than 40 years.
5    (c) (Blank) A person convicted of methamphetamine
6trafficking based upon a methamphetamine precursor shall be
7sentenced to a term of imprisonment of not less than twice the
8minimum term and not more than twice the maximum term of
9imprisonment based upon the amount of methamphetamine
10precursor provided in subsection (a) or (b) of Section 20 of
11this Act brought or caused to be brought into this State.
12    (d) A person convicted of methamphetamine trafficking
13based upon anhydrous ammonia under paragraph (1) of subsection
14(a) of Section 25 of this Act is guilty of a Class 1 felony
15shall be sentenced to a term of imprisonment of not less than
16twice the minimum term and not more than twice the maximum term
17of imprisonment provided in paragraph (1) of subsection (a) of
18Section 25 of this Act.
19(Source: P.A. 94-830, eff. 6-5-06.)
 
20    (720 ILCS 646/60)
21    Sec. 60. Methamphetamine possession.
22    (a) It is unlawful knowingly to possess methamphetamine or
23a substance containing methamphetamine.
24    (b) A person who violates subsection (a) is subject to the
25following penalties:

 

 

SB1971- 109 -LRB101 08001 SLF 53058 b

1        (1) A person who possesses less than 15 5 grams of
2    methamphetamine or a substance containing methamphetamine
3    is guilty of a Class A misdemeanor 3 felony.
4        (2) (Blank). A person who possesses 5 or more grams but
5    less than 15 grams of methamphetamine or a substance
6    containing methamphetamine is guilty of a Class 2 felony.
7        (3) A person who possesses 15 or more grams but less
8    than 100 grams of methamphetamine or a substance containing
9    methamphetamine is guilty of a Class 3 1 felony.
10        (4) A person who possesses 100 or more grams but less
11    than 400 grams of methamphetamine or a substance containing
12    methamphetamine is guilty of a Class 2 X felony, subject to
13    a term of imprisonment of not less than 6 years and not
14    more than 30 years, and subject to a fine not to exceed
15    $100,000.
16        (5) A person who possesses 400 or more grams but less
17    than 900 grams of methamphetamine or a substance containing
18    methamphetamine is guilty of a Class 1 X felony, subject to
19    a term of imprisonment of not less than 8 years and not
20    more than 40 years, and subject to a fine not to exceed
21    $200,000.
22        (6) A person who possesses 900 or more grams of
23    methamphetamine or a substance containing methamphetamine
24    is guilty of a Class 1 X felony, subject to a term of
25    imprisonment of not less than 10 years and not more than 50
26    years, and subject to a fine not to exceed $300,000.

 

 

SB1971- 110 -LRB101 08001 SLF 53058 b

1(Source: P.A. 94-556, eff. 9-11-05.)
 
2    (720 ILCS 646/70)
3    Sec. 70. Probation.
4    (a) Whenever any person who has not previously been
5convicted of any felony offense under this Act, the Illinois
6Controlled Substances Act, the Cannabis Control Act, or any law
7of the United States or of any state relating to cannabis or
8controlled substances, pleads guilty to or is found guilty of
9possession of less than 15 grams of methamphetamine under
10paragraph (1) or (2) of subsection (b) of Section 60 of this
11Act, the court, without entering a judgment and with the
12consent of the person, may sentence him or her to probation.
13    (b) When a person is placed on probation, the court shall
14enter an order specifying a period of probation of 24 months
15and shall defer further proceedings in the case until the
16conclusion of the period or until the filing of a petition
17alleging violation of a term or condition of probation.
18    (c) The conditions of probation shall be that the person:
19        (1) not violate any criminal statute of any
20    jurisdiction;
21        (2) refrain from possessing a firearm or other
22    dangerous weapon;
23        (3) submit to periodic drug testing at a time and in a
24    manner as ordered by the court, but no less than 3 times
25    during the period of the probation, with the cost of the

 

 

SB1971- 111 -LRB101 08001 SLF 53058 b

1    testing to be paid by the probationer; and
2        (4) perform no less than 30 hours of community service,
3    if community service is available in the jurisdiction and
4    is funded and approved by the county board. The court may
5    give credit toward the fulfillment of community service
6    hours for participation in activities and treatment as
7    determined by court services.
8    (d) The court may, in addition to other conditions, require
9that the person take one or more of the following actions:
10        (1) make a report to and appear in person before or
11    participate with the court or such courts, person, or
12    social service agency as directed by the court in the order
13    of probation;
14        (2) pay a fine and costs;
15        (3) work or pursue a course of study or vocational
16    training;
17        (4) undergo medical or psychiatric treatment; or
18    treatment or rehabilitation approved by the Illinois
19    Department of Human Services;
20        (5) attend or reside in a facility established for the
21    instruction or residence of defendants on probation;
22        (6) support his or her dependents;
23        (7) refrain from having in his or her body the presence
24    of any illicit drug prohibited by this Act, the Cannabis
25    Control Act, or the Illinois Controlled Substances Act,
26    unless prescribed by a physician, and submit samples of his

 

 

SB1971- 112 -LRB101 08001 SLF 53058 b

1    or her blood or urine or both for tests to determine the
2    presence of any illicit drug; or
3        (8) if a minor:
4            (i) reside with his or her parents or in a foster
5        home;
6            (ii) attend school;
7            (iii) attend a non-residential program for youth;
8        or
9            (iv) contribute to his or her own support at home
10        or in a foster home.
11    (e) Upon violation of a term or condition of probation, the
12court may enter a judgment on its original finding of guilt and
13proceed as otherwise provided.
14    (f) Upon fulfillment of the terms and conditions of
15probation, the court shall discharge the person and dismiss the
16proceedings against the person.
17    (g) A disposition of probation is considered to be a
18conviction for the purposes of imposing the conditions of
19probation and for appeal, however, discharge and dismissal
20under this Section is not a conviction for purposes of this Act
21or for purposes of disqualifications or disabilities imposed by
22law upon conviction of a crime.
23    (h) (Blank). A person may not have more than one discharge
24and dismissal under this Section within a 4-year period.
25    (i) If a person is convicted of an offense under this Act,
26the Cannabis Control Act, or the Illinois Controlled Substances

 

 

SB1971- 113 -LRB101 08001 SLF 53058 b

1Act within 5 years subsequent to a discharge and dismissal
2under this Section, the discharge and dismissal under this
3Section are admissible in the sentencing proceeding for that
4conviction as evidence in aggravation.
5    (j) Notwithstanding subsection (a), before a person is
6sentenced to probation under this Section, the court may refer
7the person to the drug court established in that judicial
8circuit pursuant to Section 15 of the Drug Court Treatment Act.
9The drug court team shall evaluate the person's likelihood of
10successfully completing a sentence of probation under this
11Section and shall report the results of its evaluation to the
12court. If the drug court team finds that the person suffers
13from a substance abuse problem that makes him or her
14substantially unlikely to successfully complete a sentence of
15probation under this Section, then the drug court shall set
16forth its findings in the form of a written order, and the
17person shall not be sentenced to probation under this Section,
18but shall be considered for the drug court program.
19(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,
20eff. 1-8-18.)
 
21    (720 ILCS 646/65 rep.)
22    (720 ILCS 646/100 rep.)
23    Section 40. The Methamphetamine Control and Community
24Protection Act is amended by repealing Sections 65 and 100.
 

 

 

SB1971- 114 -LRB101 08001 SLF 53058 b

1    Section 43. The State's Attorneys Appellate Prosecutor's
2Act is amended by changing Section 4.01 as follows:
 
3    (725 ILCS 210/4.01)  (from Ch. 14, par. 204.01)
4    Sec. 4.01. (a) The Office and all attorneys employed
5thereby may represent the People of the State of Illinois on
6appeal in all cases which emanate from a county containing less
7than 3,000,000 inhabitants, when requested to do so and at the
8direction of the State's Attorney, otherwise responsible for
9prosecuting the appeal, and may, with the advice and consent of
10the State's Attorney prepare, file and argue such appellate
11briefs in the Illinois Appellate Court and, when requested and
12authorized to do so by the Attorney General, in the Illinois
13Supreme Court.
14    (b) Notwithstanding the population restriction contained
15in subsection (a), the Office may also assist County State's
16Attorneys in the discharge of their duties under the Illinois
17Controlled Substances Act, the Cannabis Control Act, the
18Methamphetamine Control and Community Protection Act, the Drug
19Asset Forfeiture Procedure Act, the Narcotics Profit
20Forfeiture Act, and the Illinois Public Labor Relations Act,
21including negotiations conducted on behalf of a county or
22pursuant to an intergovernmental agreement as well as in the
23trial and appeal of said cases and of tax objections, and the
24counties which use services relating to labor relations shall
25reimburse the Office on pro-rated shares as determined by the

 

 

SB1971- 115 -LRB101 08001 SLF 53058 b

1board based upon the population and number of labor relations
2cases of the participating counties. In addition, the Office
3and all attorneys employed by the Office may also assist
4State's Attorneys in the discharge of their duties in the
5prosecution, trial, or hearing on post-conviction of other
6cases when requested to do so by, and at the direction of, the
7State's Attorney otherwise responsible for the case. In
8addition, the Office and all attorneys employed by the Office
9may act as Special Prosecutor if duly appointed to do so by a
10court having jurisdiction. Except when the appointment of a
11Special Prosecutor is made pursuant to subsection (a-17) of
12Section 3-9008 of the Counties Code, to To be effective, the
13order appointing the Office or its attorneys as Special
14Prosecutor must (i) identify the case and its subject matter
15and (ii) state that the Special Prosecutor serves at the
16pleasure of the Attorney General, who may substitute himself or
17herself as the Special Prosecutor when, in his or her judgment,
18the interest of the people of the State so requires. Within 5
19days after receiving a copy of an order from the court
20appointing the Office or any of its attorneys as a Special
21Prosecutor, the Office must forward a copy of the order to the
22Springfield office of the Attorney General.
23(Source: P.A. 100-319, eff. 8-24-17.)
 
24    Section 45. The Unified Code of Corrections is amended by
25changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-5-3, 5-6-3.3,

 

 

SB1971- 116 -LRB101 08001 SLF 53058 b

15-6-3.4, 5-8-1, 5-8-2, and 5-8-6 as follows:
 
2    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
3    Sec. 3-6-3. Rules and regulations for sentence credit.
4    (a)(1) The Department of Corrections shall prescribe rules
5and regulations for awarding and revoking sentence credit for
6persons committed to the Department which shall be subject to
7review by the Prisoner Review Board.
8    (1.5) As otherwise provided by law, sentence credit may be
9awarded for the following:
10        (A) successful completion of programming while in
11    custody of the Department or while in custody prior to
12    sentencing;
13        (B) compliance with the rules and regulations of the
14    Department; or
15        (C) service to the institution, service to a community,
16    or service to the State.
17    (2) Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations on sentence credit
19shall provide, with respect to offenses listed in clause (i),
20(ii), or (iii) of this paragraph (2) committed on or after June
2119, 1998 or with respect to the offense listed in clause (iv)
22of this paragraph (2) committed on or after June 23, 2005 (the
23effective date of Public Act 94-71) or with respect to offense
24listed in clause (vi) committed on or after June 1, 2008 (the
25effective date of Public Act 95-625) or with respect to the

 

 

SB1971- 117 -LRB101 08001 SLF 53058 b

1offense of being an armed habitual criminal committed on or
2after August 2, 2005 (the effective date of Public Act 94-398)
3or with respect to the offenses listed in clause (v) of this
4paragraph (2) committed on or after August 13, 2007 (the
5effective date of Public Act 95-134) or with respect to the
6offense of aggravated domestic battery committed on or after
7July 23, 2010 (the effective date of Public Act 96-1224) or
8with respect to the offense of attempt to commit terrorism
9committed on or after January 1, 2013 (the effective date of
10Public Act 97-990), the following:
11        (i) that a prisoner who is serving a term of
12    imprisonment for first degree murder or for the offense of
13    terrorism shall receive no sentence credit and shall serve
14    the entire sentence imposed by the court;
15        (i-5) that a prisoner who is serving a term of
16    imprisonment for first degree murder shall receive no more
17    than 7.5 days of sentence credit for each month of his or
18    her sentence of imprisonment;
19        (ii) that a prisoner serving a sentence for attempt to
20    commit terrorism, attempt to commit first degree murder,
21    solicitation of murder, solicitation of murder for hire,
22    intentional homicide of an unborn child, predatory
23    criminal sexual assault of a child, aggravated criminal
24    sexual assault, criminal sexual assault, aggravated
25    kidnapping, aggravated battery with a firearm as described
26    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or

 

 

SB1971- 118 -LRB101 08001 SLF 53058 b

1    (e)(4) of Section 12-3.05, heinous battery as described in
2    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
3    being an armed habitual criminal, aggravated battery of a
4    senior citizen as described in Section 12-4.6 or
5    subdivision (a)(4) of Section 12-3.05, or aggravated
6    battery of a child as described in Section 12-4.3 or
7    subdivision (b)(1) of Section 12-3.05 shall receive no more
8    than 8.5 4.5 days of sentence credit for each month of his
9    or her sentence of imprisonment;
10        (iii) that a prisoner serving a sentence for home
11    invasion, armed robbery, aggravated vehicular hijacking,
12    aggravated discharge of a firearm, or armed violence with a
13    category I weapon or category II weapon, when the court has
14    made and entered a finding, pursuant to subsection (c-1) of
15    Section 5-4-1 of this Code, that the conduct leading to
16    conviction for the enumerated offense resulted in great
17    bodily harm to a victim, shall receive no more than 8.5 4.5
18    days of sentence credit for each month of his or her
19    sentence of imprisonment;
20        (iv) that a prisoner serving a sentence for aggravated
21    discharge of a firearm, whether or not the conduct leading
22    to conviction for the offense resulted in great bodily harm
23    to the victim, shall receive no more than 8.5 4.5 days of
24    sentence credit for each month of his or her sentence of
25    imprisonment;
26        (v) that a person serving a sentence for gunrunning,

 

 

SB1971- 119 -LRB101 08001 SLF 53058 b

1    narcotics racketeering, controlled substance trafficking,
2    methamphetamine trafficking, drug-induced homicide, or
3    aggravated methamphetamine-related child endangerment,
4    money laundering pursuant to clause (c) (4) or (5) of
5    Section 29B-1 of the Criminal Code of 1961 or the Criminal
6    Code of 2012, or a Class X felony conviction for delivery
7    of a controlled substance, possession of a controlled
8    substance with intent to manufacture or deliver,
9    calculated criminal drug conspiracy, criminal drug
10    conspiracy, street gang criminal drug conspiracy,
11    participation in methamphetamine manufacturing, aggravated
12    participation in methamphetamine manufacturing, delivery
13    of methamphetamine, possession with intent to deliver
14    methamphetamine, aggravated delivery of methamphetamine,
15    aggravated possession with intent to deliver
16    methamphetamine, methamphetamine conspiracy when the
17    substance containing the controlled substance or
18    methamphetamine is 100 grams or more shall receive no more
19    than 10.5 7.5 days sentence credit for each month of his or
20    her sentence of imprisonment;
21        (vi) that a prisoner serving a sentence for a second or
22    subsequent offense of luring a minor shall receive no more
23    than 8.5 4.5 days of sentence credit for each month of his
24    or her sentence of imprisonment; and
25        (vii) that a prisoner serving a sentence for aggravated
26    domestic battery shall receive no more than 8.5 4.5 days of

 

 

SB1971- 120 -LRB101 08001 SLF 53058 b

1    sentence credit for each month of his or her sentence of
2    imprisonment.
3    (2.1) For all offenses, other than those enumerated in
4subdivision (a)(2)(i), (i-5), (ii), or (iii) committed on or
5after June 19, 1998 or subdivision (a)(2)(iv) committed on or
6after June 23, 2005 (the effective date of Public Act 94-71) or
7subdivision (a)(2)(v) committed on or after August 13, 2007
8(the effective date of Public Act 95-134) or subdivision
9(a)(2)(vi) committed on or after June 1, 2008 (the effective
10date of Public Act 95-625) or subdivision (a)(2)(vii) committed
11on or after July 23, 2010 (the effective date of Public Act
1296-1224), and other than the offense of aggravated driving
13under the influence of alcohol, other drug or drugs, or
14intoxicating compound or compounds, or any combination thereof
15as defined in subparagraph (F) of paragraph (1) of subsection
16(d) of Section 11-501 of the Illinois Vehicle Code, and other
17than the offense of aggravated driving under the influence of
18alcohol, other drug or drugs, or intoxicating compound or
19compounds, or any combination thereof as defined in
20subparagraph (C) of paragraph (1) of subsection (d) of Section
2111-501 of the Illinois Vehicle Code committed on or after
22January 1, 2011 (the effective date of Public Act 96-1230), the
23rules and regulations shall provide that a prisoner who is
24serving a term of imprisonment shall receive one day of
25sentence credit for each day of his or her sentence of
26imprisonment or recommitment under Section 3-3-9. Each day of

 

 

SB1971- 121 -LRB101 08001 SLF 53058 b

1sentence credit shall reduce by one day the prisoner's period
2of imprisonment or recommitment under Section 3-3-9.
3    (2.2) A prisoner serving a term of natural life
4imprisonment or a prisoner who has been sentenced to death
5shall receive no sentence credit.
6    (2.3) Except as provided in paragraph (4.7) of this
7subsection (a), the rules and regulations on sentence credit
8shall provide that a prisoner who is serving a sentence for
9aggravated driving under the influence of alcohol, other drug
10or drugs, or intoxicating compound or compounds, or any
11combination thereof as defined in subparagraph (F) of paragraph
12(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
13Code, shall receive no more than 8.5 4.5 days of sentence
14credit for each month of his or her sentence of imprisonment.
15    (2.4) Except as provided in paragraph (4.7) of this
16subsection (a), the rules and regulations on sentence credit
17shall provide with respect to the offenses of aggravated
18battery with a machine gun or a firearm equipped with any
19device or attachment designed or used for silencing the report
20of a firearm or aggravated discharge of a machine gun or a
21firearm equipped with any device or attachment designed or used
22for silencing the report of a firearm, committed on or after
23July 15, 1999 (the effective date of Public Act 91-121), that a
24prisoner serving a sentence for any of these offenses shall
25receive no more than 8.5 4.5 days of sentence credit for each
26month of his or her sentence of imprisonment.

 

 

SB1971- 122 -LRB101 08001 SLF 53058 b

1    (2.5) Except as provided in paragraph (4.7) of this
2subsection (a), the rules and regulations on sentence credit
3shall provide that a prisoner who is serving a sentence for
4aggravated arson committed on or after July 27, 2001 (the
5effective date of Public Act 92-176) shall receive no more than
68.5 4.5 days of sentence credit for each month of his or her
7sentence of imprisonment.
8    (2.6) Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations on sentence credit
10shall provide that a prisoner who is serving a sentence for
11aggravated driving under the influence of alcohol, other drug
12or drugs, or intoxicating compound or compounds or any
13combination thereof as defined in subparagraph (C) of paragraph
14(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
15Code committed on or after January 1, 2011 (the effective date
16of Public Act 96-1230) shall receive no more than 8.5 4.5 days
17of sentence credit for each month of his or her sentence of
18imprisonment.
19    (3) In addition to the sentence credits earned under
20paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a),
21the rules and regulations shall also provide that the Director
22may award up to 180 days of earned sentence credit for good
23conduct in specific instances as the Director deems proper. The
24good conduct may include, but is not limited to, compliance
25with the rules and regulations of the Department, service to
26the Department, service to a community, or service to the

 

 

SB1971- 123 -LRB101 08001 SLF 53058 b

1State.
2    Eligible inmates for an award of earned sentence credit
3under this paragraph (3) may be selected to receive the credit
4at the Director's or his or her designee's sole discretion.
5Eligibility for the additional earned sentence credit under
6this paragraph (3) shall be based on, but is not limited to,
7the results of any available risk/needs assessment or other
8relevant assessments or evaluations administered by the
9Department using a validated instrument, the circumstances of
10the crime, any history of conviction for a forcible felony
11enumerated in Section 2-8 of the Criminal Code of 2012, the
12inmate's behavior and disciplinary history while incarcerated,
13and the inmate's commitment to rehabilitation, including
14participation in programming offered by the Department.
15    The Director shall not award sentence credit under this
16paragraph (3) to an inmate unless the inmate has served a
17minimum of 60 days of the sentence; except nothing in this
18paragraph shall be construed to permit the Director to extend
19an inmate's sentence beyond that which was imposed by the
20court. Prior to awarding credit under this paragraph (3), the
21Director shall make a written determination that the inmate:
22        (A) is eligible for the earned sentence credit;
23        (B) has served a minimum of 60 days, or as close to 60
24    days as the sentence will allow;
25        (B-1) has received a risk/needs assessment or other
26    relevant evaluation or assessment administered by the

 

 

SB1971- 124 -LRB101 08001 SLF 53058 b

1    Department using a validated instrument; and
2        (C) has met the eligibility criteria established by
3    rule for earned sentence credit.
4    The Director shall determine the form and content of the
5written determination required in this subsection.
6    (3.5) The Department shall provide annual written reports
7to the Governor and the General Assembly on the award of earned
8sentence credit no later than February 1 of each year. The
9Department must publish both reports on its website within 48
10hours of transmitting the reports to the Governor and the
11General Assembly. The reports must include:
12        (A) the number of inmates awarded earned sentence
13    credit;
14        (B) the average amount of earned sentence credit
15    awarded;
16        (C) the holding offenses of inmates awarded earned
17    sentence credit; and
18        (D) the number of earned sentence credit revocations.
19    (4) Except as provided in paragraph (4.7) of this
20subsection (a), the rules and regulations shall also provide
21that the sentence credit accumulated and retained under
22paragraph (2.1) of subsection (a) of this Section by any inmate
23during specific periods of time in which such inmate is engaged
24full-time in substance abuse programs, correctional industry
25assignments, educational programs, behavior modification
26programs, life skills courses, or re-entry planning provided by

 

 

SB1971- 125 -LRB101 08001 SLF 53058 b

1the Department under this paragraph (4) and satisfactorily
2completes the assigned program as determined by the standards
3of the Department, shall be multiplied by a factor of 1.25 for
4program participation before August 11, 1993 and 1.50 for
5program participation on or after that date. The rules and
6regulations shall also provide that sentence credit, subject to
7the same offense limits and multiplier provided in this
8paragraph, may be provided to an inmate who was held in
9pre-trial detention prior to his or her current commitment to
10the Department of Corrections and successfully completed a
11full-time, 60-day or longer substance abuse program,
12educational program, behavior modification program, life
13skills course, or re-entry planning provided by the county
14department of corrections or county jail. Calculation of this
15county program credit shall be done at sentencing as provided
16in Section 5-4.5-100 of this Code and shall be included in the
17sentencing order. However, no inmate shall be eligible for the
18additional sentence credit under this paragraph (4) or (4.1) of
19this subsection (a) while assigned to a boot camp or electronic
20detention.
21    Educational, vocational, substance abuse, behavior
22modification programs, life skills courses, re-entry planning,
23and correctional industry programs under which sentence credit
24may be increased under this paragraph (4) and paragraph (4.1)
25of this subsection (a) shall be evaluated by the Department on
26the basis of documented standards. The Department shall report

 

 

SB1971- 126 -LRB101 08001 SLF 53058 b

1the results of these evaluations to the Governor and the
2General Assembly by September 30th of each year. The reports
3shall include data relating to the recidivism rate among
4program participants.
5    Availability of these programs shall be subject to the
6limits of fiscal resources appropriated by the General Assembly
7for these purposes. Eligible inmates who are denied immediate
8admission shall be placed on a waiting list under criteria
9established by the Department. The inability of any inmate to
10become engaged in any such programs by reason of insufficient
11program resources or for any other reason established under the
12rules and regulations of the Department shall not be deemed a
13cause of action under which the Department or any employee or
14agent of the Department shall be liable for damages to the
15inmate.
16    (4.1) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations shall also provide
18that an additional 90 days of sentence credit shall be awarded
19to any prisoner who passes high school equivalency testing
20while the prisoner is committed to the Department of
21Corrections. The sentence credit awarded under this paragraph
22(4.1) shall be in addition to, and shall not affect, the award
23of sentence credit under any other paragraph of this Section,
24but shall also be pursuant to the guidelines and restrictions
25set forth in paragraph (4) of subsection (a) of this Section.
26The sentence credit provided for in this paragraph shall be

 

 

SB1971- 127 -LRB101 08001 SLF 53058 b

1available only to those prisoners who have not previously
2earned a high school diploma or a high school equivalency
3certificate. If, after an award of the high school equivalency
4testing sentence credit has been made, the Department
5determines that the prisoner was not eligible, then the award
6shall be revoked. The Department may also award 90 days of
7sentence credit to any committed person who passed high school
8equivalency testing while he or she was held in pre-trial
9detention prior to the current commitment to the Department of
10Corrections.
11    (4.5) The rules and regulations on sentence credit shall
12also provide that when the court's sentencing order recommends
13a prisoner for substance abuse treatment and the crime was
14committed on or after September 1, 2003 (the effective date of
15Public Act 93-354), the prisoner shall receive no sentence
16credit awarded under clause (3) of this subsection (a) unless
17he or she participates in and completes a substance abuse
18treatment program. The Director may waive the requirement to
19participate in or complete a substance abuse treatment program
20in specific instances if the prisoner is not a good candidate
21for a substance abuse treatment program for medical,
22programming, or operational reasons. Availability of substance
23abuse treatment shall be subject to the limits of fiscal
24resources appropriated by the General Assembly for these
25purposes. If treatment is not available and the requirement to
26participate and complete the treatment has not been waived by

 

 

SB1971- 128 -LRB101 08001 SLF 53058 b

1the Director, the prisoner shall be placed on a waiting list
2under criteria established by the Department. The Director may
3allow a prisoner placed on a waiting list to participate in and
4complete a substance abuse education class or attend substance
5abuse self-help meetings in lieu of a substance abuse treatment
6program. A prisoner on a waiting list who is not placed in a
7substance abuse program prior to release may be eligible for a
8waiver and receive sentence credit under clause (3) of this
9subsection (a) at the discretion of the Director.
10    (4.6) The rules and regulations on sentence credit shall
11also provide that a prisoner who has been convicted of a sex
12offense as defined in Section 2 of the Sex Offender
13Registration Act shall receive no sentence credit unless he or
14she either has successfully completed or is participating in
15sex offender treatment as defined by the Sex Offender
16Management Board. However, prisoners who are waiting to receive
17treatment, but who are unable to do so due solely to the lack
18of resources on the part of the Department, may, at the
19Director's sole discretion, be awarded sentence credit at a
20rate as the Director shall determine.
21    (4.7) On or after the effective date of this amendatory Act
22of the 100th General Assembly, sentence credit under paragraph
23(3), (4), or (4.1) of this subsection (a) may be awarded to a
24prisoner who is serving a sentence for an offense described in
25paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
26on or after the effective date of this amendatory Act of the

 

 

SB1971- 129 -LRB101 08001 SLF 53058 b

1100th General Assembly; provided, the award of the credits
2under this paragraph (4.7) shall not reduce the sentence of the
3prisoner to less than the following amounts:
4        (i) 85% of his or her sentence if the prisoner is
5    required to serve 85% of his or her sentence; or
6        (ii) 60% of his or her sentence if the prisoner is
7    required to serve 75% of his or her sentence, except if the
8    prisoner is serving a sentence for gunrunning his or her
9    sentence shall not be reduced to less than 75%.
10    This paragraph (4.7) shall not apply to a prisoner serving
11a sentence for an offense described in subparagraph (i) of
12paragraph (2) of this subsection (a).
13    (5) Whenever the Department is to release any inmate
14earlier than it otherwise would because of a grant of earned
15sentence credit under paragraph (3) of subsection (a) of this
16Section given at any time during the term, the Department shall
17give reasonable notice of the impending release not less than
1814 days prior to the date of the release to the State's
19Attorney of the county where the prosecution of the inmate took
20place, and if applicable, the State's Attorney of the county
21into which the inmate will be released. The Department must
22also make identification information and a recent photo of the
23inmate being released accessible on the Internet by means of a
24hyperlink labeled "Community Notification of Inmate Early
25Release" on the Department's World Wide Web homepage. The
26identification information shall include the inmate's: name,

 

 

SB1971- 130 -LRB101 08001 SLF 53058 b

1any known alias, date of birth, physical characteristics,
2commitment offense and county where conviction was imposed. The
3identification information shall be placed on the website
4within 3 days of the inmate's release and the information may
5not be removed until either: completion of the first year of
6mandatory supervised release or return of the inmate to custody
7of the Department.
8    (b) Whenever a person is or has been committed under
9several convictions, with separate sentences, the sentences
10shall be construed under Section 5-8-4 in granting and
11forfeiting of sentence credit.
12    (c) The Department shall prescribe rules and regulations
13for revoking sentence credit, including revoking sentence
14credit awarded under paragraph (3) of subsection (a) of this
15Section. The Department shall prescribe rules and regulations
16for suspending or reducing the rate of accumulation of sentence
17credit for specific rule violations, during imprisonment.
18These rules and regulations shall provide that no inmate may be
19penalized more than one year of sentence credit for any one
20infraction.
21    When the Department seeks to revoke, suspend or reduce the
22rate of accumulation of any sentence credits for an alleged
23infraction of its rules, it shall bring charges therefor
24against the prisoner sought to be so deprived of sentence
25credits before the Prisoner Review Board as provided in
26subparagraph (a)(4) of Section 3-3-2 of this Code, if the

 

 

SB1971- 131 -LRB101 08001 SLF 53058 b

1amount of credit at issue exceeds 30 days or when during any 12
2month period, the cumulative amount of credit revoked exceeds
330 days except where the infraction is committed or discovered
4within 60 days of scheduled release. In those cases, the
5Department of Corrections may revoke up to 30 days of sentence
6credit. The Board may subsequently approve the revocation of
7additional sentence credit, if the Department seeks to revoke
8sentence credit in excess of 30 days. However, the Board shall
9not be empowered to review the Department's decision with
10respect to the loss of 30 days of sentence credit within any
11calendar year for any prisoner or to increase any penalty
12beyond the length requested by the Department.
13    The Director of the Department of Corrections, in
14appropriate cases, may restore up to 30 days of sentence
15credits which have been revoked, suspended or reduced. Any
16restoration of sentence credits in excess of 30 days shall be
17subject to review by the Prisoner Review Board. However, the
18Board may not restore sentence credit in excess of the amount
19requested by the Director.
20    Nothing contained in this Section shall prohibit the
21Prisoner Review Board from ordering, pursuant to Section
223-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
23sentence imposed by the court that was not served due to the
24accumulation of sentence credit.
25    (d) If a lawsuit is filed by a prisoner in an Illinois or
26federal court against the State, the Department of Corrections,

 

 

SB1971- 132 -LRB101 08001 SLF 53058 b

1or the Prisoner Review Board, or against any of their officers
2or employees, and the court makes a specific finding that a
3pleading, motion, or other paper filed by the prisoner is
4frivolous, the Department of Corrections shall conduct a
5hearing to revoke up to 180 days of sentence credit by bringing
6charges against the prisoner sought to be deprived of the
7sentence credits before the Prisoner Review Board as provided
8in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
9prisoner has not accumulated 180 days of sentence credit at the
10time of the finding, then the Prisoner Review Board may revoke
11all sentence credit accumulated by the prisoner.
12    For purposes of this subsection (d):
13        (1) "Frivolous" means that a pleading, motion, or other
14    filing which purports to be a legal document filed by a
15    prisoner in his or her lawsuit meets any or all of the
16    following criteria:
17            (A) it lacks an arguable basis either in law or in
18        fact;
19            (B) it is being presented for any improper purpose,
20        such as to harass or to cause unnecessary delay or
21        needless increase in the cost of litigation;
22            (C) the claims, defenses, and other legal
23        contentions therein are not warranted by existing law
24        or by a nonfrivolous argument for the extension,
25        modification, or reversal of existing law or the
26        establishment of new law;

 

 

SB1971- 133 -LRB101 08001 SLF 53058 b

1            (D) the allegations and other factual contentions
2        do not have evidentiary support or, if specifically so
3        identified, are not likely to have evidentiary support
4        after a reasonable opportunity for further
5        investigation or discovery; or
6            (E) the denials of factual contentions are not
7        warranted on the evidence, or if specifically so
8        identified, are not reasonably based on a lack of
9        information or belief.
10        (2) "Lawsuit" means a motion pursuant to Section 116-3
11    of the Code of Criminal Procedure of 1963, a habeas corpus
12    action under Article X of the Code of Civil Procedure or
13    under federal law (28 U.S.C. 2254), a petition for claim
14    under the Court of Claims Act, an action under the federal
15    Civil Rights Act (42 U.S.C. 1983), or a second or
16    subsequent petition for post-conviction relief under
17    Article 122 of the Code of Criminal Procedure of 1963
18    whether filed with or without leave of court or a second or
19    subsequent petition for relief from judgment under Section
20    2-1401 of the Code of Civil Procedure.
21    (e) Nothing in Public Act 90-592 or 90-593 affects the
22validity of Public Act 89-404.
23    (f) Whenever the Department is to release any inmate who
24has been convicted of a violation of an order of protection
25under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
26the Criminal Code of 2012, earlier than it otherwise would

 

 

SB1971- 134 -LRB101 08001 SLF 53058 b

1because of a grant of sentence credit, the Department, as a
2condition of release, shall require that the person, upon
3release, be placed under electronic surveillance as provided in
4Section 5-8A-7 of this Code.
5    (g) The changes made to this Section by this amendatory Act
6of the 101st General Assembly apply to prisoners sentenced
7before the effective date of this amendatory Act of the 101st
8General Assembly for their serving sentences of imprisonment on
9or after the effective date of this amendatory Act of the 101st
10General Assembly and to prisoners sentenced on or after the
11effective date of this amendatory Act of the 101st General
12Assembly. Nothing in this amendatory Act of the 101st General
13Assembly shall be construed to permit the award of any
14additional sentence credit provided in this amendatory Act of
15the 101st General Assembly for any service of imprisonment
16before the effective date of this amendatory Act of the 101st
17General Assembly.
18(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
19eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18; 100-575,
20eff. 1-8-18.)
 
21    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
22    Sec. 5-4-1. Sentencing hearing.
23    (a) Except when the death penalty is sought under hearing
24procedures otherwise specified, after a determination of
25guilt, a hearing shall be held to impose the sentence. However,

 

 

SB1971- 135 -LRB101 08001 SLF 53058 b

1prior to the imposition of sentence on an individual being
2sentenced for an offense based upon a charge for a violation of
3Section 11-501 of the Illinois Vehicle Code or a similar
4provision of a local ordinance, the individual must undergo a
5professional evaluation to determine if an alcohol or other
6drug abuse problem exists and the extent of such a problem.
7Programs conducting these evaluations shall be licensed by the
8Department of Human Services. However, if the individual is not
9a resident of Illinois, the court may, in its discretion,
10accept an evaluation from a program in the state of such
11individual's residence. The court may in its sentencing order
12approve an eligible defendant for placement in a Department of
13Corrections impact incarceration program as provided in
14Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
15order recommend a defendant for placement in a Department of
16Corrections substance abuse treatment program as provided in
17paragraph (a) of subsection (1) of Section 3-2-2 conditioned
18upon the defendant being accepted in a program by the
19Department of Corrections. At the hearing the court shall:
20        (1) consider the evidence, if any, received upon the
21    trial;
22        (2) consider any presentence reports;
23        (3) consider the financial impact of incarceration
24    based on the financial impact statement filed with the
25    clerk of the court by the Department of Corrections;
26        (4) consider evidence and information offered by the

 

 

SB1971- 136 -LRB101 08001 SLF 53058 b

1    parties in aggravation and mitigation;
2        (4.5) consider substance abuse treatment, eligibility
3    screening, and an assessment, if any, of the defendant by
4    an agent designated by the State of Illinois to provide
5    assessment services for the Illinois courts;
6        (5) hear arguments as to sentencing alternatives;
7        (6) afford the defendant the opportunity to make a
8    statement in his own behalf;
9        (7) afford the victim of a violent crime or a violation
10    of Section 11-501 of the Illinois Vehicle Code, or a
11    similar provision of a local ordinance, the opportunity to
12    present an oral or written statement, as guaranteed by
13    Article I, Section 8.1 of the Illinois Constitution and
14    provided in Section 6 of the Rights of Crime Victims and
15    Witnesses Act. The court shall allow a victim to make an
16    oral statement if the victim is present in the courtroom
17    and requests to make an oral or written statement. An oral
18    or written statement includes the victim or a
19    representative of the victim reading the written
20    statement. The court may allow persons impacted by the
21    crime who are not victims under subsection (a) of Section 3
22    of the Rights of Crime Victims and Witnesses Act to present
23    an oral or written statement. A victim and any person
24    making an oral statement shall not be put under oath or
25    subject to cross-examination. All statements offered under
26    this paragraph (7) shall become part of the record of the

 

 

SB1971- 137 -LRB101 08001 SLF 53058 b

1    court. In this paragraph (7), "victim of a violent crime"
2    means a person who is a victim of a violent crime for which
3    the defendant has been convicted after a bench or jury
4    trial or a person who is the victim of a violent crime with
5    which the defendant was charged and the defendant has been
6    convicted under a plea agreement of a crime that is not a
7    violent crime as defined in subsection (c) of 3 of the
8    Rights of Crime Victims and Witnesses Act;
9        (7.5) afford a qualified person affected by: (i) a
10    violation of Section 405, 405.1, 405.2, or 407 of the
11    Illinois Controlled Substances Act or a violation of
12    Section 55 or Section 65 of the Methamphetamine Control and
13    Community Protection Act; or (ii) a Class 4 felony
14    violation of Section 11-14, 11-14.3 except as described in
15    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
16    11-18.1, or 11-19 of the Criminal Code of 1961 or the
17    Criminal Code of 2012, committed by the defendant the
18    opportunity to make a statement concerning the impact on
19    the qualified person and to offer evidence in aggravation
20    or mitigation; provided that the statement and evidence
21    offered in aggravation or mitigation shall first be
22    prepared in writing in conjunction with the State's
23    Attorney before it may be presented orally at the hearing.
24    Sworn testimony offered by the qualified person is subject
25    to the defendant's right to cross-examine. All statements
26    and evidence offered under this paragraph (7.5) shall

 

 

SB1971- 138 -LRB101 08001 SLF 53058 b

1    become part of the record of the court. In this paragraph
2    (7.5), "qualified person" means any person who: (i) lived
3    or worked within the territorial jurisdiction where the
4    offense took place when the offense took place; or (ii) is
5    familiar with various public places within the territorial
6    jurisdiction where the offense took place when the offense
7    took place. "Qualified person" includes any peace officer
8    or any member of any duly organized State, county, or
9    municipal peace officer unit assigned to the territorial
10    jurisdiction where the offense took place when the offense
11    took place;
12        (8) in cases of reckless homicide afford the victim's
13    spouse, guardians, parents or other immediate family
14    members an opportunity to make oral statements;
15        (9) in cases involving a felony sex offense as defined
16    under the Sex Offender Management Board Act, consider the
17    results of the sex offender evaluation conducted pursuant
18    to Section 5-3-2 of this Act; and
19        (10) make a finding of whether a motor vehicle was used
20    in the commission of the offense for which the defendant is
21    being sentenced.
22    (b) All sentences shall be imposed by the judge based upon
23his independent assessment of the elements specified above and
24any agreement as to sentence reached by the parties. The judge
25who presided at the trial or the judge who accepted the plea of
26guilty shall impose the sentence unless he is no longer sitting

 

 

SB1971- 139 -LRB101 08001 SLF 53058 b

1as a judge in that court. Where the judge does not impose
2sentence at the same time on all defendants who are convicted
3as a result of being involved in the same offense, the
4defendant or the State's Attorney may advise the sentencing
5court of the disposition of any other defendants who have been
6sentenced.
7    (b-1) In imposing a sentence of imprisonment or periodic
8imprisonment for a Class 3 or Class 4 felony for which a
9sentence of probation or conditional discharge is an available
10sentence, if the defendant has no prior sentence of probation
11or conditional discharge and no prior conviction for a violent
12crime, the defendant shall not be sentenced to imprisonment
13before review and consideration of a presentence report and
14determination and explanation of why the particular evidence,
15information, factor in aggravation, factual finding, or other
16reasons support a sentencing determination that one or more of
17the factors under subsection (a) of Section 5-6-1 of this Code
18apply and that probation or conditional discharge is not an
19appropriate sentence.
20    (c) In imposing a sentence for a violent crime or for an
21offense of operating or being in physical control of a vehicle
22while under the influence of alcohol, any other drug or any
23combination thereof, or a similar provision of a local
24ordinance, when such offense resulted in the personal injury to
25someone other than the defendant, the trial judge shall specify
26on the record the particular evidence, information, factors in

 

 

SB1971- 140 -LRB101 08001 SLF 53058 b

1mitigation and aggravation or other reasons that led to his
2sentencing determination. The full verbatim record of the
3sentencing hearing shall be filed with the clerk of the court
4and shall be a public record.
5    (c-1) In imposing a sentence for the offense of aggravated
6kidnapping for ransom, home invasion, armed robbery,
7aggravated vehicular hijacking, aggravated discharge of a
8firearm, or armed violence with a category I weapon or category
9II weapon, the trial judge shall make a finding as to whether
10the conduct leading to conviction for the offense resulted in
11great bodily harm to a victim, and shall enter that finding and
12the basis for that finding in the record.
13    (c-2) If the defendant is sentenced to prison, other than
14when a sentence of natural life imprisonment or a sentence of
15death is imposed, at the time the sentence is imposed the judge
16shall state on the record in open court the approximate period
17of time the defendant will serve in custody according to the
18then current statutory rules and regulations for sentence
19credit found in Section 3-6-3 and other related provisions of
20this Code. This statement is intended solely to inform the
21public, has no legal effect on the defendant's actual release,
22and may not be relied on by the defendant on appeal.
23    The judge's statement, to be given after pronouncing the
24sentence, other than when the sentence is imposed for one of
25the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
26shall include the following:

 

 

SB1971- 141 -LRB101 08001 SLF 53058 b

1    "The purpose of this statement is to inform the public of
2the actual period of time this defendant is likely to spend in
3prison as a result of this sentence. The actual period of
4prison time served is determined by the statutes of Illinois as
5applied to this sentence by the Illinois Department of
6Corrections and the Illinois Prisoner Review Board. In this
7case, assuming the defendant receives all of his or her
8sentence credit, the period of estimated actual custody is ...
9years and ... months, less up to 180 days additional earned
10sentence credit. If the defendant, because of his or her own
11misconduct or failure to comply with the institutional
12regulations, does not receive those credits, the actual time
13served in prison will be longer. The defendant may also receive
14an additional one-half day sentence credit for each day of
15participation in vocational, industry, substance abuse, and
16educational programs as provided for by Illinois statute."
17    When the sentence is imposed for one of the offenses
18enumerated in paragraph (a)(2) of Section 3-6-3, other than
19first degree murder, and the offense was committed on or after
20June 19, 1998, and when the sentence is imposed for reckless
21homicide as defined in subsection (e) of Section 9-3 of the
22Criminal Code of 1961 or the Criminal Code of 2012 if the
23offense was committed on or after January 1, 1999, and when the
24sentence is imposed for aggravated driving under the influence
25of alcohol, other drug or drugs, or intoxicating compound or
26compounds, or any combination thereof as defined in

 

 

SB1971- 142 -LRB101 08001 SLF 53058 b

1subparagraph (F) of paragraph (1) of subsection (d) of Section
211-501 of the Illinois Vehicle Code, and when the sentence is
3imposed for aggravated arson if the offense was committed on or
4after July 27, 2001 (the effective date of Public Act 92-176),
5and when the sentence is imposed for aggravated driving under
6the influence of alcohol, other drug or drugs, or intoxicating
7compound or compounds, or any combination thereof as defined in
8subparagraph (C) of paragraph (1) of subsection (d) of Section
911-501 of the Illinois Vehicle Code committed on or after
10January 1, 2011 (the effective date of Public Act 96-1230), the
11judge's statement, to be given after pronouncing the sentence,
12shall include the following:
13    "The purpose of this statement is to inform the public of
14the actual period of time this defendant is likely to spend in
15prison as a result of this sentence. The actual period of
16prison time served is determined by the statutes of Illinois as
17applied to this sentence by the Illinois Department of
18Corrections and the Illinois Prisoner Review Board. In this
19case, the defendant is entitled to no more than 4 1/2 days of
20sentence credit for each month of his or her sentence of
21imprisonment. Therefore, this defendant will serve at least 85%
22of his or her sentence. Assuming the defendant receives 4 1/2
23days credit for each month of his or her sentence, the period
24of estimated actual custody is ... years and ... months. If the
25defendant, because of his or her own misconduct or failure to
26comply with the institutional regulations receives lesser

 

 

SB1971- 143 -LRB101 08001 SLF 53058 b

1credit, the actual time served in prison will be longer."
2    When a sentence of imprisonment is imposed for first degree
3murder and the offense was committed on or after June 19, 1998,
4the judge's statement, to be given after pronouncing the
5sentence, shall include the following:
6    "The purpose of this statement is to inform the public of
7the actual period of time this defendant is likely to spend in
8prison as a result of this sentence. The actual period of
9prison time served is determined by the statutes of Illinois as
10applied to this sentence by the Illinois Department of
11Corrections and the Illinois Prisoner Review Board. In this
12case, the defendant is not entitled to sentence credit.
13Therefore, this defendant will serve 100% of his or her
14sentence."
15    When the sentencing order recommends placement in a
16substance abuse program for any offense that results in
17incarceration in a Department of Corrections facility and the
18crime was committed on or after September 1, 2003 (the
19effective date of Public Act 93-354), the judge's statement, in
20addition to any other judge's statement required under this
21Section, to be given after pronouncing the sentence, shall
22include the following:
23    "The purpose of this statement is to inform the public of
24the actual period of time this defendant is likely to spend in
25prison as a result of this sentence. The actual period of
26prison time served is determined by the statutes of Illinois as

 

 

SB1971- 144 -LRB101 08001 SLF 53058 b

1applied to this sentence by the Illinois Department of
2Corrections and the Illinois Prisoner Review Board. In this
3case, the defendant shall receive no earned sentence credit
4under clause (3) of subsection (a) of Section 3-6-3 until he or
5she participates in and completes a substance abuse treatment
6program or receives a waiver from the Director of Corrections
7pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
8    (c-4) Before the sentencing hearing and as part of the
9presentence investigation under Section 5-3-1, the court shall
10inquire of the defendant whether the defendant is currently
11serving in or is a veteran of the Armed Forces of the United
12States. If the defendant is currently serving in the Armed
13Forces of the United States or is a veteran of the Armed Forces
14of the United States and has been diagnosed as having a mental
15illness by a qualified psychiatrist or clinical psychologist or
16physician, the court may:
17        (1) order that the officer preparing the presentence
18    report consult with the United States Department of
19    Veterans Affairs, Illinois Department of Veterans'
20    Affairs, or another agency or person with suitable
21    knowledge or experience for the purpose of providing the
22    court with information regarding treatment options
23    available to the defendant, including federal, State, and
24    local programming; and
25        (2) consider the treatment recommendations of any
26    diagnosing or treating mental health professionals

 

 

SB1971- 145 -LRB101 08001 SLF 53058 b

1    together with the treatment options available to the
2    defendant in imposing sentence.
3    For the purposes of this subsection (c-4), "qualified
4psychiatrist" means a reputable physician licensed in Illinois
5to practice medicine in all its branches, who has specialized
6in the diagnosis and treatment of mental and nervous disorders
7for a period of not less than 5 years.
8    (c-6) In imposing a sentence, the trial judge shall
9specify, on the record, the particular evidence and other
10reasons which led to his or her determination that a motor
11vehicle was used in the commission of the offense.
12    (c-7) In imposing a sentence for a Class 3 or 4 felony,
13other than a violent crime as defined in Section 3 of the
14Rights of Crime Victims and Witnesses Act, the court shall
15determine and indicate in the sentencing order whether the
16defendant has 4 or more or fewer than 4 months remaining on his
17or her sentence accounting for time served.
18    (d) When the defendant is committed to the Department of
19Corrections, the State's Attorney shall and counsel for the
20defendant may file a statement with the clerk of the court to
21be transmitted to the department, agency or institution to
22which the defendant is committed to furnish such department,
23agency or institution with the facts and circumstances of the
24offense for which the person was committed together with all
25other factual information accessible to them in regard to the
26person prior to his commitment relative to his habits,

 

 

SB1971- 146 -LRB101 08001 SLF 53058 b

1associates, disposition and reputation and any other facts and
2circumstances which may aid such department, agency or
3institution during its custody of such person. The clerk shall
4within 10 days after receiving any such statements transmit a
5copy to such department, agency or institution and a copy to
6the other party, provided, however, that this shall not be
7cause for delay in conveying the person to the department,
8agency or institution to which he has been committed.
9    (e) The clerk of the court shall transmit to the
10department, agency or institution, if any, to which the
11defendant is committed, the following:
12        (1) the sentence imposed;
13        (2) any statement by the court of the basis for
14    imposing the sentence;
15        (3) any presentence reports;
16        (3.5) any sex offender evaluations;
17        (3.6) any substance abuse treatment eligibility
18    screening and assessment of the defendant by an agent
19    designated by the State of Illinois to provide assessment
20    services for the Illinois courts;
21        (4) the number of days, if any, which the defendant has
22    been in custody and for which he is entitled to credit
23    against the sentence, which information shall be provided
24    to the clerk by the sheriff;
25        (4.1) any finding of great bodily harm made by the
26    court with respect to an offense enumerated in subsection

 

 

SB1971- 147 -LRB101 08001 SLF 53058 b

1    (c-1);
2        (5) all statements filed under subsection (d) of this
3    Section;
4        (6) any medical or mental health records or summaries
5    of the defendant;
6        (7) the municipality where the arrest of the offender
7    or the commission of the offense has occurred, where such
8    municipality has a population of more than 25,000 persons;
9        (8) all statements made and evidence offered under
10    paragraph (7) of subsection (a) of this Section; and
11        (9) all additional matters which the court directs the
12    clerk to transmit.
13    (f) In cases in which the court finds that a motor vehicle
14was used in the commission of the offense for which the
15defendant is being sentenced, the clerk of the court shall,
16within 5 days thereafter, forward a report of such conviction
17to the Secretary of State.
18(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18;
19100-961, eff. 1-1-19; revised 10-3-18.)
 
20    (730 ILCS 5/5-4.5-95)
21    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
22    (a) HABITUAL CRIMINALS.
23        (1) Every person who has been twice convicted in any
24    state or federal court of an offense that contains the same
25    elements as an offense now (the date of the offense

 

 

SB1971- 148 -LRB101 08001 SLF 53058 b

1    committed after the 2 prior convictions) classified in
2    Illinois as a Class X felony, criminal sexual assault,
3    aggravated kidnapping, or first degree murder, and who is
4    thereafter convicted of a Class X felony, criminal sexual
5    assault, or first degree murder, committed after the 2
6    prior convictions, shall be adjudged an habitual criminal.
7        (2) The 2 prior convictions need not have been for the
8    same offense.
9        (3) Any convictions that result from or are connected
10    with the same transaction, or result from offenses
11    committed at the same time, shall be counted for the
12    purposes of this Section as one conviction.
13        (4) This Section does not apply unless each of the
14    following requirements are satisfied:
15            (A) The third offense was committed after July 3,
16        1980.
17            (B) The third offense was committed within 20 years
18        of the date that judgment was entered on the first
19        conviction; provided, however, that time spent in
20        custody shall not be counted.
21            (C) The third offense was committed after
22        conviction on the second offense.
23            (D) The second offense was committed after
24        conviction on the first offense.
25        (5) Anyone who, having attained the age of 18 at the
26    time of the third offense, is adjudged an habitual criminal

 

 

SB1971- 149 -LRB101 08001 SLF 53058 b

1    shall be sentenced to a term of natural life imprisonment.
2        (6) A prior conviction shall not be alleged in the
3    indictment, and no evidence or other disclosure of that
4    conviction shall be presented to the court or the jury
5    during the trial of an offense set forth in this Section
6    unless otherwise permitted by the issues properly raised in
7    that trial. After a plea or verdict or finding of guilty
8    and before sentence is imposed, the prosecutor may file
9    with the court a verified written statement signed by the
10    State's Attorney concerning any former conviction of an
11    offense set forth in this Section rendered against the
12    defendant. The court shall then cause the defendant to be
13    brought before it; shall inform the defendant of the
14    allegations of the statement so filed, and of his or her
15    right to a hearing before the court on the issue of that
16    former conviction and of his or her right to counsel at
17    that hearing; and unless the defendant admits such
18    conviction, shall hear and determine the issue, and shall
19    make a written finding thereon. If a sentence has
20    previously been imposed, the court may vacate that sentence
21    and impose a new sentence in accordance with this Section.
22        (7) A duly authenticated copy of the record of any
23    alleged former conviction of an offense set forth in this
24    Section shall be prima facie evidence of that former
25    conviction; and a duly authenticated copy of the record of
26    the defendant's final release or discharge from probation

 

 

SB1971- 150 -LRB101 08001 SLF 53058 b

1    granted, or from sentence and parole supervision (if any)
2    imposed pursuant to that former conviction, shall be prima
3    facie evidence of that release or discharge.
4        (8) Any claim that a previous conviction offered by the
5    prosecution is not a former conviction of an offense set
6    forth in this Section because of the existence of any
7    exceptions described in this Section, is waived unless duly
8    raised at the hearing on that conviction, or unless the
9    prosecution's proof shows the existence of the exceptions
10    described in this Section.
11        (9) If the person so convicted shows to the
12    satisfaction of the court before whom that conviction was
13    had that he or she was released from imprisonment, upon
14    either of the sentences upon a pardon granted for the
15    reason that he or she was innocent, that conviction and
16    sentence shall not be considered under this Section.
17        (10) This subsection (a) does not apply to a violation
18    of the Cannabis Control Act, the Illinois Controlled
19    Substances Act, or the Methamphetamine Control and
20    Community Protection Act.
21    (b) When a defendant, over the age of 21 years, is
22convicted of a Class 1 or Class 2 felony that is a forcible
23felony as defined in Section 2-8 of the Criminal Code of 2012,
24except for an offense listed in subsection (c) of this Section,
25after having twice been convicted in any state or federal court
26of an offense that contains the same elements as an offense now

 

 

SB1971- 151 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 152 -LRB101 08001 SLF 53058 b

1    (730 ILCS 5/5-5-3)
2    (Text of Section before amendment by P.A. 100-987)
3    Sec. 5-5-3. Disposition.
4    (a) (Blank).
5    (b) (Blank).
6    (c) (1) (Blank).
7    (2) A period of probation, a term of periodic imprisonment
8or conditional discharge shall not be imposed for the following
9offenses. The court shall sentence the offender to not less
10than the minimum term of imprisonment set forth in this Code
11for the following offenses, and may order a fine or restitution
12or both in conjunction with such term of imprisonment:
13        (A) First degree murder where the death penalty is not
14    imposed.
15        (B) Attempted first degree murder.
16        (C) A Class X felony.
17        (D) A violation of Section 401.1 or 407 of the Illinois
18    Controlled Substances Act, or a violation of subdivision
19    (c)(1.5) of Section 401 of that Act which relates to more
20    than 5 grams of a substance containing fentanyl or an
21    analog thereof.
22        (D-5) A violation of subdivision (c)(1) of Section 401
23    of the Illinois Controlled Substances Act which relates to
24    3 or more grams of a substance containing heroin or an
25    analog thereof.

 

 

SB1971- 153 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 154 -LRB101 08001 SLF 53058 b

1    in Section 40-10 of the Substance Use Disorder Act.
2        (H) Criminal sexual assault.
3        (I) Aggravated battery of a senior citizen as described
4    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
5    of the Criminal Code of 1961 or the Criminal Code of 2012.
6        (J) A forcible felony if the offense was related to the
7    activities of an organized gang.
8        Before July 1, 1994, for the purposes of this
9    paragraph, "organized gang" means an association of 5 or
10    more persons, with an established hierarchy, that
11    encourages members of the association to perpetrate crimes
12    or provides support to the members of the association who
13    do commit crimes.
14        Beginning July 1, 1994, for the purposes of this
15    paragraph, "organized gang" has the meaning ascribed to it
16    in Section 10 of the Illinois Streetgang Terrorism Omnibus
17    Prevention Act.
18        (K) Vehicular hijacking.
19        (L) A second or subsequent conviction for the offense
20    of hate crime when the underlying offense upon which the
21    hate crime is based is felony aggravated assault or felony
22    mob action.
23        (M) A second or subsequent conviction for the offense
24    of institutional vandalism if the damage to the property
25    exceeds $300.
26        (N) A Class 3 felony violation of paragraph (1) of

 

 

SB1971- 155 -LRB101 08001 SLF 53058 b

1    subsection (a) of Section 2 of the Firearm Owners
2    Identification Card Act.
3        (O) A violation of Section 12-6.1 or 12-6.5 of the
4    Criminal Code of 1961 or the Criminal Code of 2012.
5        (P) A violation of paragraph (1), (2), (3), (4), (5),
6    or (7) of subsection (a) of Section 11-20.1 of the Criminal
7    Code of 1961 or the Criminal Code of 2012.
8        (Q) A violation of subsection (b) or (b-5) of Section
9    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
10    Code of 1961 or the Criminal Code of 2012.
11        (R) A violation of Section 24-3A of the Criminal Code
12    of 1961 or the Criminal Code of 2012.
13        (S) (Blank).
14        (T) (Blank).
15        (U) A second or subsequent violation of Section 6-303
16    of the Illinois Vehicle Code committed while his or her
17    driver's license, permit, or privilege was revoked because
18    of a violation of Section 9-3 of the Criminal Code of 1961
19    or the Criminal Code of 2012, relating to the offense of
20    reckless homicide, or a similar provision of a law of
21    another state.
22        (V) A violation of paragraph (4) of subsection (c) of
23    Section 11-20.1B or paragraph (4) of subsection (c) of
24    Section 11-20.3 of the Criminal Code of 1961, or paragraph
25    (6) of subsection (a) of Section 11-20.1 of the Criminal
26    Code of 2012 when the victim is under 13 years of age and

 

 

SB1971- 156 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 157 -LRB101 08001 SLF 53058 b

1    counterfeit items having a retail value in the aggregate of
2    $500,000 or more.
3        (DD) A conviction for aggravated assault under
4    paragraph (6) of subsection (c) of Section 12-2 of the
5    Criminal Code of 1961 or the Criminal Code of 2012 if the
6    firearm is aimed toward the person against whom the firearm
7    is being used.
8        (EE) A conviction for a violation of paragraph (2) of
9    subsection (a) of Section 24-3B of the Criminal Code of
10    2012.
11    (3) (Blank).
12    (4) A minimum term of imprisonment of not less than 10
13consecutive days or 30 days of community service shall be
14imposed for a violation of paragraph (c) of Section 6-303 of
15the Illinois Vehicle Code.
16    (4.1) (Blank).
17    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
18this subsection (c), a minimum of 100 hours of community
19service shall be imposed for a second violation of Section
206-303 of the Illinois Vehicle Code.
21    (4.3) A minimum term of imprisonment of 30 days or 300
22hours of community service, as determined by the court, shall
23be imposed for a second violation of subsection (c) of Section
246-303 of the Illinois Vehicle Code.
25    (4.4) Except as provided in paragraphs (4.5), (4.6), and
26(4.9) of this subsection (c), a minimum term of imprisonment of

 

 

SB1971- 158 -LRB101 08001 SLF 53058 b

130 days or 300 hours of community service, as determined by the
2court, shall be imposed for a third or subsequent violation of
3Section 6-303 of the Illinois Vehicle Code. The court may give
4credit toward the fulfillment of community service hours for
5participation in activities and treatment as determined by
6court services.
7    (4.5) A minimum term of imprisonment of 30 days shall be
8imposed for a third violation of subsection (c) of Section
96-303 of the Illinois Vehicle Code.
10    (4.6) Except as provided in paragraph (4.10) of this
11subsection (c), a minimum term of imprisonment of 180 days
12shall be imposed for a fourth or subsequent violation of
13subsection (c) of Section 6-303 of the Illinois Vehicle Code.
14    (4.7) A minimum term of imprisonment of not less than 30
15consecutive days, or 300 hours of community service, shall be
16imposed for a violation of subsection (a-5) of Section 6-303 of
17the Illinois Vehicle Code, as provided in subsection (b-5) of
18that Section.
19    (4.8) A mandatory prison sentence shall be imposed for a
20second violation of subsection (a-5) of Section 6-303 of the
21Illinois Vehicle Code, as provided in subsection (c-5) of that
22Section. The person's driving privileges shall be revoked for a
23period of not less than 5 years from the date of his or her
24release from prison.
25    (4.9) A mandatory prison sentence of not less than 4 and
26not more than 15 years shall be imposed for a third violation

 

 

SB1971- 159 -LRB101 08001 SLF 53058 b

1of subsection (a-5) of Section 6-303 of the Illinois Vehicle
2Code, as provided in subsection (d-2.5) of that Section. The
3person's driving privileges shall be revoked for the remainder
4of his or her life.
5    (4.10) A mandatory prison sentence for a Class 1 felony
6shall be imposed, and the person shall be eligible for an
7extended term sentence, for a fourth or subsequent violation of
8subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
9as provided in subsection (d-3.5) of that Section. The person's
10driving privileges shall be revoked for the remainder of his or
11her life.
12    (5) The court may sentence a corporation or unincorporated
13association convicted of any offense to:
14        (A) a period of conditional discharge;
15        (B) a fine;
16        (C) make restitution to the victim under Section 5-5-6
17    of this Code.
18    (5.1) In addition to any other penalties imposed, and
19except as provided in paragraph (5.2) or (5.3), a person
20convicted of violating subsection (c) of Section 11-907 of the
21Illinois Vehicle Code shall have his or her driver's license,
22permit, or privileges suspended for at least 90 days but not
23more than one year, if the violation resulted in damage to the
24property of another person.
25    (5.2) In addition to any other penalties imposed, and
26except as provided in paragraph (5.3), a person convicted of

 

 

SB1971- 160 -LRB101 08001 SLF 53058 b

1violating subsection (c) of Section 11-907 of the Illinois
2Vehicle Code shall have his or her driver's license, permit, or
3privileges suspended for at least 180 days but not more than 2
4years, if the violation resulted in injury to another person.
5    (5.3) In addition to any other penalties imposed, a person
6convicted of violating subsection (c) of Section 11-907 of the
7Illinois Vehicle Code shall have his or her driver's license,
8permit, or privileges suspended for 2 years, if the violation
9resulted in the death of another person.
10    (5.4) In addition to any other penalties imposed, a person
11convicted of violating Section 3-707 of the Illinois Vehicle
12Code shall have his or her driver's license, permit, or
13privileges suspended for 3 months and until he or she has paid
14a reinstatement fee of $100.
15    (5.5) In addition to any other penalties imposed, a person
16convicted of violating Section 3-707 of the Illinois Vehicle
17Code during a period in which his or her driver's license,
18permit, or privileges were suspended for a previous violation
19of that Section shall have his or her driver's license, permit,
20or privileges suspended for an additional 6 months after the
21expiration of the original 3-month suspension and until he or
22she has paid a reinstatement fee of $100.
23    (6) (Blank).
24    (7) (Blank).
25    (8) (Blank).
26    (9) A defendant convicted of a second or subsequent offense

 

 

SB1971- 161 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 162 -LRB101 08001 SLF 53058 b

1offender are family or household members as defined in Section
2103 of the Illinois Domestic Violence Act of 1986 or convicted
3of domestic battery or aggravated domestic battery may be
4required to attend a Partner Abuse Intervention Program under
5protocols set forth by the Illinois Department of Human
6Services under such terms and conditions imposed by the court.
7The costs of such classes shall be paid by the offender.
8    (d) In any case in which a sentence originally imposed is
9vacated, the case shall be remanded to the trial court. The
10trial court shall hold a hearing under Section 5-4-1 of this
11the Unified Code of Corrections which may include evidence of
12the defendant's life, moral character and occupation during the
13time since the original sentence was passed. The trial court
14shall then impose sentence upon the defendant. The trial court
15may impose any sentence which could have been imposed at the
16original trial subject to Section 5-5-4 of this the Unified
17Code of Corrections. If a sentence is vacated on appeal or on
18collateral attack due to the failure of the trier of fact at
19trial to determine beyond a reasonable doubt the existence of a
20fact (other than a prior conviction) necessary to increase the
21punishment for the offense beyond the statutory maximum
22otherwise applicable, either the defendant may be re-sentenced
23to a term within the range otherwise provided or, if the State
24files notice of its intention to again seek the extended
25sentence, the defendant shall be afforded a new trial.
26    (e) In cases where prosecution for aggravated criminal

 

 

SB1971- 163 -LRB101 08001 SLF 53058 b

1sexual abuse under Section 11-1.60 or 12-16 of the Criminal
2Code of 1961 or the Criminal Code of 2012 results in conviction
3of a defendant who was a family member of the victim at the
4time of the commission of the offense, the court shall consider
5the safety and welfare of the victim and may impose a sentence
6of probation only where:
7        (1) the court finds (A) or (B) or both are appropriate:
8            (A) the defendant is willing to undergo a court
9        approved counseling program for a minimum duration of 2
10        years; or
11            (B) the defendant is willing to participate in a
12        court approved plan including but not limited to the
13        defendant's:
14                (i) removal from the household;
15                (ii) restricted contact with the victim;
16                (iii) continued financial support of the
17            family;
18                (iv) restitution for harm done to the victim;
19            and
20                (v) compliance with any other measures that
21            the court may deem appropriate; and
22        (2) the court orders the defendant to pay for the
23    victim's counseling services, to the extent that the court
24    finds, after considering the defendant's income and
25    assets, that the defendant is financially capable of paying
26    for such services, if the victim was under 18 years of age

 

 

SB1971- 164 -LRB101 08001 SLF 53058 b

1    at the time the offense was committed and requires
2    counseling as a result of the offense.
3    Probation may be revoked or modified pursuant to Section
45-6-4; except where the court determines at the hearing that
5the defendant violated a condition of his or her probation
6restricting contact with the victim or other family members or
7commits another offense with the victim or other family
8members, the court shall revoke the defendant's probation and
9impose a term of imprisonment.
10    For the purposes of this Section, "family member" and
11"victim" shall have the meanings ascribed to them in Section
1211-0.1 of the Criminal Code of 2012.
13    (f) (Blank).
14    (g) Whenever a defendant is convicted of an offense under
15Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1611-14.3, 11-14.4 except for an offense that involves keeping a
17place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1811-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1912-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
20Criminal Code of 2012, the defendant shall undergo medical
21testing to determine whether the defendant has any sexually
22transmissible disease, including a test for infection with
23human immunodeficiency virus (HIV) or any other identified
24causative agent of acquired immunodeficiency syndrome (AIDS).
25Any such medical test shall be performed only by appropriately
26licensed medical practitioners and may include an analysis of

 

 

SB1971- 165 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 166 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 167 -LRB101 08001 SLF 53058 b

1of a positive test showing an infection with the human
2immunodeficiency virus (HIV). The court shall provide
3information on the availability of HIV testing and counseling
4at Department of Public Health facilities to all parties to
5whom the results of the testing are revealed and shall direct
6the State's Attorney to provide the information to the victim
7when possible. A State's Attorney may petition the court to
8obtain the results of any HIV test administered under this
9Section, and the court shall grant the disclosure if the
10State's Attorney shows it is relevant in order to prosecute a
11charge of criminal transmission of HIV under Section 12-5.01 or
1212-16.2 of the Criminal Code of 1961 or the Criminal Code of
132012 against the defendant. The court shall order that the cost
14of any such test shall be paid by the county and may be taxed as
15costs against the convicted defendant.
16    (i) All fines and penalties imposed under this Section for
17any violation of Chapters 3, 4, 6, and 11 of the Illinois
18Vehicle Code, or a similar provision of a local ordinance, and
19any violation of the Child Passenger Protection Act, or a
20similar provision of a local ordinance, shall be collected and
21disbursed by the circuit clerk as provided under Section 27.5
22of the Clerks of Courts Act.
23    (j) In cases when prosecution for any violation of Section
2411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2511-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2611-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

 

 

SB1971- 168 -LRB101 08001 SLF 53058 b

111-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
212-15, or 12-16 of the Criminal Code of 1961 or the Criminal
3Code of 2012, any violation of the Illinois Controlled
4Substances Act, any violation of the Cannabis Control Act, or
5any violation of the Methamphetamine Control and Community
6Protection Act results in conviction, a disposition of court
7supervision, or an order of probation granted under Section 10
8of the Cannabis Control Act, Section 410 of the Illinois
9Controlled Substances Act, or Section 70 of the Methamphetamine
10Control and Community Protection Act of a defendant, the court
11shall determine whether the defendant is employed by a facility
12or center as defined under the Child Care Act of 1969, a public
13or private elementary or secondary school, or otherwise works
14with children under 18 years of age on a daily basis. When a
15defendant is so employed, the court shall order the Clerk of
16the Court to send a copy of the judgment of conviction or order
17of supervision or probation to the defendant's employer by
18certified mail. If the employer of the defendant is a school,
19the Clerk of the Court shall direct the mailing of a copy of
20the judgment of conviction or order of supervision or probation
21to the appropriate regional superintendent of schools. The
22regional superintendent of schools shall notify the State Board
23of Education of any notification under this subsection.
24    (j-5) A defendant at least 17 years of age who is convicted
25of a felony and who has not been previously convicted of a
26misdemeanor or felony and who is sentenced to a term of

 

 

SB1971- 169 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 170 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 171 -LRB101 08001 SLF 53058 b

1sentence imposed, commit the defendant to the custody of the
2Attorney General of the United States or his or her designated
3agent when:
4        (1) a final order of deportation has been issued
5    against the defendant pursuant to proceedings under the
6    Immigration and Nationality Act, and
7        (2) the deportation of the defendant would not
8    deprecate the seriousness of the defendant's conduct and
9    would not be inconsistent with the ends of justice.
10    (C) This subsection (l) does not apply to offenders who are
11subject to the provisions of paragraph (2) of subsection (a) of
12Section 3-6-3.
13    (D) Upon motion of the State's Attorney, if a defendant
14sentenced under this Section returns to the jurisdiction of the
15United States, the defendant shall be recommitted to the
16custody of the county from which he or she was sentenced.
17Thereafter, the defendant shall be brought before the
18sentencing court, which may impose any sentence that was
19available under Section 5-5-3 at the time of initial
20sentencing. In addition, the defendant shall not be eligible
21for additional earned sentence credit as provided under Section
223-6-3.
23    (m) A person convicted of criminal defacement of property
24under Section 21-1.3 of the Criminal Code of 1961 or the
25Criminal Code of 2012, in which the property damage exceeds
26$300 and the property damaged is a school building, shall be

 

 

SB1971- 172 -LRB101 08001 SLF 53058 b

1ordered to perform community service that may include cleanup,
2removal, or painting over the defacement.
3    (n) The court may sentence a person convicted of a
4violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
5subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
6of 1961 or the Criminal Code of 2012 (i) to an impact
7incarceration program if the person is otherwise eligible for
8that program under Section 5-8-1.1, (ii) to community service,
9or (iii) if the person has a substance use disorder, as defined
10in the Substance Use Disorder Act, to a treatment program
11licensed under that Act.
12    (o) Whenever a person is convicted of a sex offense as
13defined in Section 2 of the Sex Offender Registration Act, the
14defendant's driver's license or permit shall be subject to
15renewal on an annual basis in accordance with the provisions of
16license renewal established by the Secretary of State.
17(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
1899-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.
191-1-19; revised 10-12-18.)
 
20    (Text of Section after amendment by P.A. 100-987)
21    Sec. 5-5-3. Disposition.
22    (a) (Blank).
23    (b) (Blank).
24    (c) (1) (Blank).
25    (2) A period of probation, a term of periodic imprisonment

 

 

SB1971- 173 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 174 -LRB101 08001 SLF 53058 b

1    the offender committed the offense for which he or she is
2    being sentenced, except as otherwise provided in Section
3    40-10 of the Substance Use Disorder Act. This subparagraph
4    (F) does not apply to a violation of the Cannabis Control
5    Act, the Illinois Controlled Substances Act, or the
6    Methamphetamine Control and Community Protection Act.
7        (F-3) A Class 2 or greater felony sex offense or felony
8    firearm offense if the offender had been convicted of a
9    Class 2 or greater felony, including any state or federal
10    conviction for an offense that contained, at the time it
11    was committed, the same elements as an offense now (the
12    date of the offense committed after the prior Class 2 or
13    greater felony) classified as a Class 2 or greater felony,
14    within 10 years of the date on which the offender committed
15    the offense for which he or she is being sentenced, except
16    as otherwise provided in Section 40-10 of the Substance Use
17    Disorder Act.
18        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
19    the Criminal Code of 1961 or the Criminal Code of 2012 for
20    which imprisonment is prescribed in those Sections.
21        (G) (Blank). Residential burglary, except as otherwise
22    provided in Section 40-10 of the Substance Use Disorder
23    Act.
24        (H) Criminal sexual assault.
25        (I) Aggravated battery of a senior citizen as described
26    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05

 

 

SB1971- 175 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 176 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 177 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 178 -LRB101 08001 SLF 53058 b

1    Criminal Code of 1961 or the Criminal Code of 2012 if the
2    firearm is aimed toward the person against whom the firearm
3    is being used.
4        (EE) A conviction for a violation of paragraph (2) of
5    subsection (a) of Section 24-3B of the Criminal Code of
6    2012.
7    (3) (Blank).
8    (4) A minimum term of imprisonment of not less than 10
9consecutive days or 30 days of community service shall be
10imposed for a violation of paragraph (c) of Section 6-303 of
11the Illinois Vehicle Code.
12    (4.1) (Blank).
13    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
14this subsection (c), a minimum of 100 hours of community
15service shall be imposed for a second violation of Section
166-303 of the Illinois Vehicle Code.
17    (4.3) A minimum term of imprisonment of 30 days or 300
18hours of community service, as determined by the court, shall
19be imposed for a second violation of subsection (c) of Section
206-303 of the Illinois Vehicle Code.
21    (4.4) Except as provided in paragraphs (4.5), (4.6), and
22(4.9) of this subsection (c), a minimum term of imprisonment of
2330 days or 300 hours of community service, as determined by the
24court, shall be imposed for a third or subsequent violation of
25Section 6-303 of the Illinois Vehicle Code. The court may give
26credit toward the fulfillment of community service hours for

 

 

SB1971- 179 -LRB101 08001 SLF 53058 b

1participation in activities and treatment as determined by
2court services.
3    (4.5) A minimum term of imprisonment of 30 days shall be
4imposed for a third violation of subsection (c) of Section
56-303 of the Illinois Vehicle Code.
6    (4.6) Except as provided in paragraph (4.10) of this
7subsection (c), a minimum term of imprisonment of 180 days
8shall be imposed for a fourth or subsequent violation of
9subsection (c) of Section 6-303 of the Illinois Vehicle Code.
10    (4.7) A minimum term of imprisonment of not less than 30
11consecutive days, or 300 hours of community service, shall be
12imposed for a violation of subsection (a-5) of Section 6-303 of
13the Illinois Vehicle Code, as provided in subsection (b-5) of
14that Section.
15    (4.8) A mandatory prison sentence shall be imposed for a
16second violation of subsection (a-5) of Section 6-303 of the
17Illinois Vehicle Code, as provided in subsection (c-5) of that
18Section. The person's driving privileges shall be revoked for a
19period of not less than 5 years from the date of his or her
20release from prison.
21    (4.9) A mandatory prison sentence of not less than 4 and
22not more than 15 years shall be imposed for a third violation
23of subsection (a-5) of Section 6-303 of the Illinois Vehicle
24Code, as provided in subsection (d-2.5) of that Section. The
25person's driving privileges shall be revoked for the remainder
26of his or her life.

 

 

SB1971- 180 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 181 -LRB101 08001 SLF 53058 b

1    (5.3) In addition to any other penalties imposed, a person
2convicted of violating subsection (c) of Section 11-907 of the
3Illinois Vehicle Code shall have his or her driver's license,
4permit, or privileges suspended for 2 years, if the violation
5resulted in the death of another person.
6    (5.4) In addition to any other penalties imposed, a person
7convicted of violating Section 3-707 of the Illinois Vehicle
8Code shall have his or her driver's license, permit, or
9privileges suspended for 3 months and until he or she has paid
10a reinstatement fee of $100.
11    (5.5) In addition to any other penalties imposed, a person
12convicted of violating Section 3-707 of the Illinois Vehicle
13Code during a period in which his or her driver's license,
14permit, or privileges were suspended for a previous violation
15of that Section shall have his or her driver's license, permit,
16or privileges suspended for an additional 6 months after the
17expiration of the original 3-month suspension and until he or
18she has paid a reinstatement fee of $100.
19    (6) (Blank).
20    (7) (Blank).
21    (8) (Blank).
22    (9) A defendant convicted of a second or subsequent offense
23of ritualized abuse of a child may be sentenced to a term of
24natural life imprisonment.
25    (10) (Blank).
26    (11) The court shall impose a minimum fine of $1,000 for a

 

 

SB1971- 182 -LRB101 08001 SLF 53058 b

1first offense and $2,000 for a second or subsequent offense
2upon a person convicted of or placed on supervision for battery
3when the individual harmed was a sports official or coach at
4any level of competition and the act causing harm to the sports
5official or coach occurred within an athletic facility or
6within the immediate vicinity of the athletic facility at which
7the sports official or coach was an active participant of the
8athletic contest held at the athletic facility. For the
9purposes of this paragraph (11), "sports official" means a
10person at an athletic contest who enforces the rules of the
11contest, such as an umpire or referee; "athletic facility"
12means an indoor or outdoor playing field or recreational area
13where sports activities are conducted; and "coach" means a
14person recognized as a coach by the sanctioning authority that
15conducted the sporting event.
16    (12) A person may not receive a disposition of court
17supervision for a violation of Section 5-16 of the Boat
18Registration and Safety Act if that person has previously
19received a disposition of court supervision for a violation of
20that Section.
21    (13) A person convicted of or placed on court supervision
22for an assault or aggravated assault when the victim and the
23offender are family or household members as defined in Section
24103 of the Illinois Domestic Violence Act of 1986 or convicted
25of domestic battery or aggravated domestic battery may be
26required to attend a Partner Abuse Intervention Program under

 

 

SB1971- 183 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 184 -LRB101 08001 SLF 53058 b

1the safety and welfare of the victim and may impose a sentence
2of probation only where:
3        (1) the court finds (A) or (B) or both are appropriate:
4            (A) the defendant is willing to undergo a court
5        approved counseling program for a minimum duration of 2
6        years; or
7            (B) the defendant is willing to participate in a
8        court approved plan including but not limited to the
9        defendant's:
10                (i) removal from the household;
11                (ii) restricted contact with the victim;
12                (iii) continued financial support of the
13            family;
14                (iv) restitution for harm done to the victim;
15            and
16                (v) compliance with any other measures that
17            the court may deem appropriate; and
18        (2) the court orders the defendant to pay for the
19    victim's counseling services, to the extent that the court
20    finds, after considering the defendant's income and
21    assets, that the defendant is financially capable of paying
22    for such services, if the victim was under 18 years of age
23    at the time the offense was committed and requires
24    counseling as a result of the offense.
25    Probation may be revoked or modified pursuant to Section
265-6-4; except where the court determines at the hearing that

 

 

SB1971- 185 -LRB101 08001 SLF 53058 b

1the defendant violated a condition of his or her probation
2restricting contact with the victim or other family members or
3commits another offense with the victim or other family
4members, the court shall revoke the defendant's probation and
5impose a term of imprisonment.
6    For the purposes of this Section, "family member" and
7"victim" shall have the meanings ascribed to them in Section
811-0.1 of the Criminal Code of 2012.
9    (f) (Blank).
10    (g) Whenever a defendant is convicted of an offense under
11Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1211-14.3, 11-14.4 except for an offense that involves keeping a
13place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1411-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
16Criminal Code of 2012, the defendant shall undergo medical
17testing to determine whether the defendant has any sexually
18transmissible disease, including a test for infection with
19human immunodeficiency virus (HIV) or any other identified
20causative agent of acquired immunodeficiency syndrome (AIDS).
21Any such medical test shall be performed only by appropriately
22licensed medical practitioners and may include an analysis of
23any bodily fluids as well as an examination of the defendant's
24person. Except as otherwise provided by law, the results of
25such test shall be kept strictly confidential by all medical
26personnel involved in the testing and must be personally

 

 

SB1971- 186 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 187 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 188 -LRB101 08001 SLF 53058 b

1whom the results of the testing are revealed and shall direct
2the State's Attorney to provide the information to the victim
3when possible. A State's Attorney may petition the court to
4obtain the results of any HIV test administered under this
5Section, and the court shall grant the disclosure if the
6State's Attorney shows it is relevant in order to prosecute a
7charge of criminal transmission of HIV under Section 12-5.01 or
812-16.2 of the Criminal Code of 1961 or the Criminal Code of
92012 against the defendant. The court shall order that the cost
10of any such test shall be paid by the county and may be taxed as
11costs against the convicted defendant.
12    (i) All fines and penalties imposed under this Section for
13any violation of Chapters 3, 4, 6, and 11 of the Illinois
14Vehicle Code, or a similar provision of a local ordinance, and
15any violation of the Child Passenger Protection Act, or a
16similar provision of a local ordinance, shall be collected and
17disbursed by the circuit clerk as provided under the Criminal
18and Traffic Assessment Act.
19    (j) In cases when prosecution for any violation of Section
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
25Code of 2012, any violation of the Illinois Controlled
26Substances Act, any violation of the Cannabis Control Act, or

 

 

SB1971- 189 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 190 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 191 -LRB101 08001 SLF 53058 b

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

 

 

SB1971- 192 -LRB101 08001 SLF 53058 b

1    against the defendant pursuant to proceedings under the
2    Immigration and Nationality Act, and
3        (2) the deportation of the defendant would not
4    deprecate the seriousness of the defendant's conduct and
5    would not be inconsistent with the ends of justice.
6    (C) This subsection (l) does not apply to offenders who are
7subject to the provisions of paragraph (2) of subsection (a) of
8Section 3-6-3.
9    (D) Upon motion of the State's Attorney, if a defendant
10sentenced under this Section returns to the jurisdiction of the
11United States, the defendant shall be recommitted to the
12custody of the county from which he or she was sentenced.
13Thereafter, the defendant shall be brought before the
14sentencing court, which may impose any sentence that was
15available under Section 5-5-3 at the time of initial
16sentencing. In addition, the defendant shall not be eligible
17for additional earned sentence credit as provided under Section
183-6-3.
19    (m) A person convicted of criminal defacement of property
20under Section 21-1.3 of the Criminal Code of 1961 or the
21Criminal Code of 2012, in which the property damage exceeds
22$300 and the property damaged is a school building, shall be
23ordered to perform community service that may include cleanup,
24removal, or painting over the defacement.
25    (n) The court may sentence a person convicted of a
26violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

 

 

SB1971- 193 -LRB101 08001 SLF 53058 b

1subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
2of 1961 or the Criminal Code of 2012 (i) to an impact
3incarceration program if the person is otherwise eligible for
4that program under Section 5-8-1.1, (ii) to community service,
5or (iii) if the person has a substance use disorder, as defined
6in the Substance Use Disorder Act, to a treatment program
7licensed under that Act.
8    (o) Whenever a person is convicted of a sex offense as
9defined in Section 2 of the Sex Offender Registration Act, the
10defendant's driver's license or permit shall be subject to
11renewal on an annual basis in accordance with the provisions of
12license renewal established by the Secretary of State.
13(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16;
1499-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff.
151-1-19; 100-987, eff. 7-1-19; revised 10-12-18.)
 
16    (730 ILCS 5/5-6-3.3)
17    Sec. 5-6-3.3. Offender Initiative Program.
18    (a) Statement of purpose. The General Assembly seeks to
19continue other successful programs that promote public safety,
20conserve valuable resources, and reduce recidivism by
21defendants who can lead productive lives by creating the
22Offender Initiative Program.
23    (a-1) Whenever any person who has not previously been
24convicted of any felony offense under the laws of this State,
25the laws of any other state, or the laws of the United States,

 

 

SB1971- 194 -LRB101 08001 SLF 53058 b

1is arrested for and charged with a probationable felony offense
2of theft, retail theft, forgery, possession of a stolen motor
3vehicle, burglary, possession of burglary tools, deceptive
4practices, disorderly conduct, criminal damage or trespass to
5property under Article 21 of the Criminal Code of 2012,
6criminal trespass to a residence, obstructing justice, or an
7offense involving fraudulent identification, or possession of
8cannabis, possession of a controlled substance, or possession
9of methamphetamine, the court, with the consent of the
10defendant and the State's Attorney, may continue this matter to
11allow a defendant to participate and complete the Offender
12Initiative Program.
13    (a-2) Exemptions. A defendant shall not be eligible for
14this Program if the offense he or she has been arrested for and
15charged with is a violent offense. For purposes of this
16Program, a "violent offense" is any offense where bodily harm
17was inflicted or where force was used against any person or
18threatened against any person, any offense involving sexual
19conduct, sexual penetration, or sexual exploitation, any
20offense of domestic violence, domestic battery, violation of an
21order of protection, stalking, hate crime, and any offense
22involving the possession of a firearm or dangerous weapon. A
23defendant shall not be eligible for this Program if he or she
24has previously been adjudicated a delinquent minor for the
25commission of a violent offense as defined in this subsection.
26    (b) When a defendant is placed in the Program, after both

 

 

SB1971- 195 -LRB101 08001 SLF 53058 b

1the defendant and State's Attorney waive preliminary hearing
2pursuant to Section 109-3 of the Code of Criminal Procedure of
31963, the court shall enter an order specifying that the
4proceedings shall be suspended while the defendant is
5participating in a Program of not less 12 months.
6    (c) The conditions of the Program shall be that the
7defendant:
8        (1) not violate any criminal statute of this State or
9    any other jurisdiction;
10        (2) refrain from possessing a firearm or other
11    dangerous weapon;
12        (3) make full restitution to the victim or property
13    owner pursuant to Section 5-5-6 of this Code;
14        (4) obtain employment or perform not less than 30 hours
15    of community service, provided community service is
16    available in the county and is funded and approved by the
17    county board; and
18        (5) attend educational courses designed to prepare the
19    defendant for obtaining a high school diploma or to work
20    toward passing high school equivalency testing or to work
21    toward completing a vocational training program.
22    (c-1) The court may give credit toward the fulfillment of
23community service hours for participation in activities and
24treatment as determined by court services.
25    (d) The court may, in addition to other conditions, require
26that the defendant:

 

 

SB1971- 196 -LRB101 08001 SLF 53058 b

1        (1) undergo medical or psychiatric treatment, or
2    treatment or rehabilitation approved by the Illinois
3    Department of Human Services;
4        (2) refrain from having in his or her body the presence
5    of any illicit drug prohibited by the Methamphetamine
6    Control and Community Protection Act, the Cannabis Control
7    Act or the Illinois Controlled Substances Act, unless
8    prescribed by a physician, and submit samples of his or her
9    blood or urine or both for tests to determine the presence
10    of any illicit drug;
11        (3) submit to periodic drug testing at a time, manner,
12    and frequency as ordered by the court;
13        (4) pay fines, fees and costs; and
14        (5) in addition, if a minor:
15            (i) reside with his or her parents or in a foster
16        home;
17            (ii) attend school;
18            (iii) attend a non-residential program for youth;
19        or
20            (iv) contribute to his or her own support at home
21        or in a foster home.
22    (e) When the State's Attorney makes a factually specific
23offer of proof that the defendant has failed to successfully
24complete the Program or has violated any of the conditions of
25the Program, the court shall enter an order that the defendant
26has not successfully completed the Program and continue the

 

 

SB1971- 197 -LRB101 08001 SLF 53058 b

1case for arraignment pursuant to Section 113-1 of the Code of
2Criminal Procedure of 1963 for further proceedings as if the
3defendant had not participated in the Program.
4    (f) Upon fulfillment of the terms and conditions of the
5Program, the State's Attorney shall dismiss the case or the
6court shall discharge the person and dismiss the proceedings
7against the person.
8    (g) (Blank). A person may only have one discharge and
9dismissal under this Section within a 4-year period.
10    (h) Notwithstanding subsection (a-1), if the court finds
11that the defendant suffers from a substance abuse problem, then
12before the person participates in the Program under this
13Section, the court may refer the person to the drug court
14established in that judicial circuit pursuant to Section 15 of
15the Drug Court Treatment Act. The drug court team shall
16evaluate the person's likelihood of successfully fulfilling
17the terms and conditions of the Program under this Section and
18shall report the results of its evaluation to the court. If the
19drug court team finds that the person suffers from a substance
20abuse problem that makes him or her substantially unlikely to
21successfully fulfill the terms and conditions of the Program,
22then the drug court shall set forth its findings in the form of
23a written order, and the person shall be ineligible to
24participate in the Program under this Section, but shall be
25considered for the drug court program.
26(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,

 

 

SB1971- 198 -LRB101 08001 SLF 53058 b

1eff. 1-8-18.)
 
2    (730 ILCS 5/5-6-3.4)
3    Sec. 5-6-3.4. Second Chance Probation.
4    (a) Whenever any person who has not previously been
5convicted of any felony offense under the laws of this State,
6the laws of any other state, or the laws of the United States,
7and pleads guilty to, or is found guilty of, possession of less
8than 15 grams of a controlled substance; possession of less
9than 15 grams of methamphetamine; or a probationable felony
10offense of possession of cannabis, theft, retail theft,
11forgery, deceptive practices, possession of a stolen motor
12vehicle, burglary, possession of burglary tools, disorderly
13conduct, criminal damage or trespass to property under Article
1421 of the Criminal Code of 2012, criminal trespass to a
15residence, an offense involving fraudulent identification, or
16obstructing justice; or possession of cannabis, the court, with
17the consent of the defendant and the State's Attorney, may,
18without entering a judgment, sentence the defendant to
19probation under this Section.
20    (a-1) Exemptions. A defendant is not eligible for this
21probation if the offense he or she pleads guilty to, or is
22found guilty of, is a violent offense, or he or she has
23previously been convicted of a violent offense. For purposes of
24this probation, a "violent offense" is any offense where bodily
25harm was inflicted or where force was used against any person

 

 

SB1971- 199 -LRB101 08001 SLF 53058 b

1or threatened against any person, any offense involving sexual
2conduct, sexual penetration, or sexual exploitation, any
3offense of domestic violence, domestic battery, violation of an
4order of protection, stalking, hate crime, and any offense
5involving the possession of a firearm or dangerous weapon. A
6defendant shall not be eligible for this probation if he or she
7has previously been adjudicated a delinquent minor for the
8commission of a violent offense as defined in this subsection.
9    (b) When a defendant is placed on probation, the court
10shall enter an order specifying a period of probation of not
11less than 24 months and shall defer further proceedings in the
12case until the conclusion of the period or until the filing of
13a petition alleging violation of a term or condition of
14probation.
15    (c) The conditions of probation shall be that the
16defendant:
17        (1) not violate any criminal statute of this State or
18    any other jurisdiction;
19        (2) refrain from possessing a firearm or other
20    dangerous weapon;
21        (3) make full restitution to the victim or property
22    owner under Section 5-5-6 of this Code;
23        (4) obtain or attempt to obtain employment;
24        (5) pay fines and costs;
25        (6) attend educational courses designed to prepare the
26    defendant for obtaining a high school diploma or to work

 

 

SB1971- 200 -LRB101 08001 SLF 53058 b

1    toward passing high school equivalency testing or to work
2    toward completing a vocational training program;
3        (7) submit to periodic drug testing at a time and in a
4    manner as ordered by the court, but no less than 3 times
5    during the period of probation, with the cost of the
6    testing to be paid by the defendant; and
7        (8) perform a minimum of 30 hours of community service.
8    The court may give credit toward the fulfillment of
9    community service hours for participation in activities
10    and treatment as determined by court services.
11    (d) The court may, in addition to other conditions, require
12that the defendant:
13        (1) make a report to and appear in person before or
14    participate with the court or such courts, person, or
15    social service agency as directed by the court in the order
16    of probation;
17        (2) undergo medical or psychiatric treatment, or
18    treatment or rehabilitation approved by the Illinois
19    Department of Human Services;
20        (3) attend or reside in a facility established for the
21    instruction or residence of defendants on probation;
22        (4) support his or her dependents; or
23        (5) refrain from having in his or her body the presence
24    of any illicit drug prohibited by the Methamphetamine
25    Control and Community Protection Act, the Cannabis Control
26    Act, or the Illinois Controlled Substances Act, unless

 

 

SB1971- 201 -LRB101 08001 SLF 53058 b

1    prescribed by a physician, and submit samples of his or her
2    blood or urine or both for tests to determine the presence
3    of any illicit drug.
4    (e) Upon violation of a term or condition of probation, the
5court may enter a judgment on its original finding of guilt and
6proceed as otherwise provided by law.
7    (f) Upon fulfillment of the terms and conditions of
8probation, the court shall discharge the person and dismiss the
9proceedings against the person.
10    (g) A disposition of probation is considered to be a
11conviction for the purposes of imposing the conditions of
12probation and for appeal; however, a discharge and dismissal
13under this Section is not a conviction for purposes of this
14Code or for purposes of disqualifications or disabilities
15imposed by law upon conviction of a crime.
16    (h) (Blank). A person may only have one discharge and
17dismissal under this Section within a 4-year period.
18    (i) If a person is convicted of any offense which occurred
19within 5 years subsequent to a discharge and dismissal under
20this Section, the discharge and dismissal under this Section
21shall be admissible in the sentencing proceeding for that
22conviction as evidence in aggravation.
23    (j) Notwithstanding subsection (a), if the court finds that
24the defendant suffers from a substance abuse problem, then
25before the person is placed on probation under this Section,
26the court may refer the person to the drug court established in

 

 

SB1971- 202 -LRB101 08001 SLF 53058 b

1that judicial circuit pursuant to Section 15 of the Drug Court
2Treatment Act. The drug court team shall evaluate the person's
3likelihood of successfully fulfilling the terms and conditions
4of probation under this Section and shall report the results of
5its evaluation to the court. If the drug court team finds that
6the person suffers from a substance abuse problem that makes
7him or her substantially unlikely to successfully fulfill the
8terms and conditions of probation under this Section, then the
9drug court shall set forth its findings in the form of a
10written order, and the person shall be ineligible to be placed
11on probation under this Section, but shall be considered for
12the drug court program.
13(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18; 100-575,
14eff. 1-8-18.)
 
15    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
16    Sec. 5-8-1. Natural life imprisonment; enhancements for
17use of a firearm; mandatory supervised release terms.
18    (a) Except as otherwise provided in the statute defining
19the offense or in Article 4.5 of Chapter V, a sentence of
20imprisonment for a felony shall be a determinate sentence set
21by the court under this Section, according to the following
22limitations:
23        (1) for first degree murder,
24            (a) (blank),
25            (b) if a trier of fact finds beyond a reasonable

 

 

SB1971- 203 -LRB101 08001 SLF 53058 b

1        doubt that the murder was accompanied by exceptionally
2        brutal or heinous behavior indicative of wanton
3        cruelty or, except as set forth in subsection (a)(1)(c)
4        of this Section, that any of the aggravating factors
5        listed in subsection (b) or (b-5) of Section 9-1 of the
6        Criminal Code of 1961 or the Criminal Code of 2012 are
7        present, the court may sentence the defendant, subject
8        to Section 5-4.5-105, to a term of natural life
9        imprisonment, or
10            (c) the court shall sentence the defendant to a
11        term of natural life imprisonment if the defendant, at
12        the time of the commission of the murder, had attained
13        the age of 18, and
14                (i) has previously been convicted of first
15            degree murder under any state or federal law, or
16                (ii) is found guilty of murdering more than one
17            victim, or
18                (iii) is found guilty of murdering a peace
19            officer, fireman, or emergency management worker
20            when the peace officer, fireman, or emergency
21            management worker was killed in the course of
22            performing his official duties, or to prevent the
23            peace officer or fireman from performing his
24            official duties, or in retaliation for the peace
25            officer, fireman, or emergency management worker
26            from performing his official duties, and the

 

 

SB1971- 204 -LRB101 08001 SLF 53058 b

1            defendant knew or should have known that the
2            murdered individual was a peace officer, fireman,
3            or emergency management worker, or
4                (iv) is found guilty of murdering an employee
5            of an institution or facility of the Department of
6            Corrections, or any similar local correctional
7            agency, when the employee was killed in the course
8            of performing his official duties, or to prevent
9            the employee from performing his official duties,
10            or in retaliation for the employee performing his
11            official duties, or
12                (v) is found guilty of murdering an emergency
13            medical technician - ambulance, emergency medical
14            technician - intermediate, emergency medical
15            technician - paramedic, ambulance driver or other
16            medical assistance or first aid person while
17            employed by a municipality or other governmental
18            unit when the person was killed in the course of
19            performing official duties or to prevent the
20            person from performing official duties or in
21            retaliation for performing official duties and the
22            defendant knew or should have known that the
23            murdered individual was an emergency medical
24            technician - ambulance, emergency medical
25            technician - intermediate, emergency medical
26            technician - paramedic, ambulance driver, or other

 

 

SB1971- 205 -LRB101 08001 SLF 53058 b

1            medical assistant or first aid personnel, or
2                (vi) (blank), or
3                (vii) is found guilty of first degree murder
4            and the murder was committed by reason of any
5            person's activity as a community policing
6            volunteer or to prevent any person from engaging in
7            activity as a community policing volunteer. For
8            the purpose of this Section, "community policing
9            volunteer" has the meaning ascribed to it in
10            Section 2-3.5 of the Criminal Code of 2012.
11            For purposes of clause (v), "emergency medical
12        technician - ambulance", "emergency medical technician -
13         intermediate", "emergency medical technician -
14        paramedic", have the meanings ascribed to them in the
15        Emergency Medical Services (EMS) Systems Act.
16            (d) (i) if the person committed the offense while
17            armed with a firearm, 15 years shall be added to
18            the term of imprisonment imposed by the court;
19                (ii) if, during the commission of the offense,
20            the person personally discharged a firearm, 20
21            years shall be added to the term of imprisonment
22            imposed by the court;
23                (iii) if, during the commission of the
24            offense, the person personally discharged a
25            firearm that proximately caused great bodily harm,
26            permanent disability, permanent disfigurement, or

 

 

SB1971- 206 -LRB101 08001 SLF 53058 b

1            death to another person, 25 years or up to a term
2            of natural life shall be added to the term of
3            imprisonment imposed by the court.
4        (2) (blank);
5        (2.5) for a person who has attained the age of 18 years
6    at the time of the commission of the offense and who is
7    convicted under the circumstances described in subdivision
8    (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
9    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
10    or paragraph (2) of subsection (d) of Section 12-14,
11    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
12    of subsection (b) of Section 12-14.1, subdivision (b)(2) of
13    Section 11-1.40 or paragraph (2) of subsection (b) of
14    Section 12-14.1 of the Criminal Code of 1961 or the
15    Criminal Code of 2012, the sentence shall be a term of
16    natural life imprisonment.
17    (b) (Blank).
18    (c) (Blank).
19    (d) Subject to earlier termination under Section 3-3-8, the
20parole or mandatory supervised release term shall be written as
21part of the sentencing order and shall be as follows:
22        (1) for first degree murder or a Class X felony except
23    for the offenses of predatory criminal sexual assault of a
24    child, aggravated criminal sexual assault, and criminal
25    sexual assault if committed on or after the effective date
26    of this amendatory Act of the 94th General Assembly and

 

 

SB1971- 207 -LRB101 08001 SLF 53058 b

1    except for the offense of aggravated child pornography
2    under Section 11-20.1B, 11-20.3, or 11-20.1 with
3    sentencing under subsection (c-5) of Section 11-20.1 of the
4    Criminal Code of 1961 or the Criminal Code of 2012, if
5    committed on or after January 1, 2009, 3 years;
6        (1.5) for a Class X felony except for the offenses of
7    predatory criminal sexual assault of a child, aggravated
8    criminal sexual assault, and criminal sexual assault if
9    committed on or after December 13, 2005 (the effective date
10    of Public Act 94-715) and except for the offense of
11    aggravated child pornography under Section 11-20.1B.
12    11-20.3, or 11-20.1 with sentencing under subsection (c-5)
13    of Section 11-20.1 of the Criminal Code of 1961 or the
14    Criminal Code of 2012, if committed on or after January 1,
15    2009, 18 months;
16        (2) for a Class 1 felony or a Class 2 felony except for
17    the offense of criminal sexual assault if committed on or
18    after December 13, 2005 (the effective date of Public Act
19    94-715) this amendatory Act of the 94th General Assembly
20    and except for the offenses of manufacture and
21    dissemination of child pornography under clauses (a)(1)
22    and (a)(2) of Section 11-20.1 of the Criminal Code of 1961
23    or the Criminal Code of 2012, if committed on or after
24    January 1, 2009, 18 months 2 years;
25        (3) for a Class 3 felony or a Class 4 felony, 1 year;
26        (4) for defendants who commit the offense of predatory

 

 

SB1971- 208 -LRB101 08001 SLF 53058 b

1    criminal sexual assault of a child, aggravated criminal
2    sexual assault, or criminal sexual assault, on or after the
3    effective date of this amendatory Act of the 94th General
4    Assembly, or who commit the offense of aggravated child
5    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
6    with sentencing under subsection (c-5) of Section 11-20.1
7    of the Criminal Code of 1961 or the Criminal Code of 2012,
8    manufacture of child pornography, or dissemination of
9    child pornography after January 1, 2009, the term of
10    mandatory supervised release shall range from a minimum of
11    3 years to a maximum of the natural life of the defendant;
12        (5) if the victim is under 18 years of age, for a
13    second or subsequent offense of aggravated criminal sexual
14    abuse or felony criminal sexual abuse, 4 years, at least
15    the first 2 years of which the defendant shall serve in an
16    electronic monitoring or home detention program under
17    Article 8A of Chapter V of this Code;
18        (6) for a felony domestic battery, aggravated domestic
19    battery, stalking, aggravated stalking, and a felony
20    violation of an order of protection, 4 years.
21    (e) (Blank).
22    (f) (Blank).
23(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431,
24eff. 8-25-17.)
 
25    (730 ILCS 5/5-8-2)  (from Ch. 38, par. 1005-8-2)

 

 

SB1971- 209 -LRB101 08001 SLF 53058 b

1    Sec. 5-8-2. Extended Term.
2    (a) A judge shall not sentence an offender to a term of
3imprisonment in excess of the maximum sentence authorized by
4Article 4.5 of Chapter V for an offense or offenses within the
5class of the most serious offense of which the offender was
6convicted unless the factors in aggravation set forth in
7Section 5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were found
8to be present. If the pre-trial and trial proceedings were
9conducted in compliance with subsection (c-5) of Section 111-3
10of the Code of Criminal Procedure of 1963, the judge may
11sentence an offender to an extended term as provided in Article
124.5 of Chapter V (730 ILCS 5/Ch. V, Art. 4.5).
13    (b) If the conviction was by plea, it shall appear on the
14record that the plea was entered with the defendant's knowledge
15that a sentence under this Section was a possibility. If it
16does not so appear on the record, the defendant shall not be
17subject to such a sentence unless he is first given an
18opportunity to withdraw his plea without prejudice.
19    (c) An extended term as provided in Article 4.5 of Chapter
20V may not be imposed for a violation of the Cannabis Control
21Act, the Illinois Controlled Substances Act, or the
22Methamphetamine Control and Community Protection Act.
23(Source: P.A. 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)
 
24    (730 ILCS 5/5-8-6)  (from Ch. 38, par. 1005-8-6)
25    Sec. 5-8-6. Place of confinement.

 

 

SB1971- 210 -LRB101 08001 SLF 53058 b

1    (a) Except as otherwise provided in this subsection (a),
2offenders Offenders sentenced to a term of imprisonment for a
3felony shall be committed to the penitentiary system of the
4Department of Corrections. However, such sentence shall not
5limit the powers of the Department of Children and Family
6Services in relation to any child under the age of one year in
7the sole custody of a person so sentenced, nor in relation to
8any child delivered by a female so sentenced while she is so
9confined as a consequence of such sentence. Except as otherwise
10provided in this subsection (a), a A person sentenced for a
11felony may be assigned by the Department of Corrections to any
12of its institutions, facilities or programs. An offender
13sentenced to a term of imprisonment for a Class 3 or 4 felony,
14other than a violent crime as defined in Section 3 of the
15Rights of Crime Victims and Witnesses Act, in which the
16sentencing order indicates that the offender has less than 4
17months remaining on his or her sentence accounting for time
18served may not be confined in the penitentiary system of the
19Department of Corrections but may be assigned to electronic
20home detention under Article 8A of this Chapter V, an adult
21transition center, or another facility or program within the
22Department of Corrections.
23    (b) Offenders sentenced to a term of imprisonment for less
24than one year shall be committed to the custody of the sheriff.
25A person committed to the Department of Corrections, prior to
26July 14, 1983, for less than one year may be assigned by the

 

 

SB1971- 211 -LRB101 08001 SLF 53058 b

1Department to any of its institutions, facilities or programs.
2    (c) All offenders under 18 years of age when sentenced to
3imprisonment shall be committed to the Department of Juvenile
4Justice and the court in its order of commitment shall set a
5definite term. The provisions of Section 3-3-3 shall be a part
6of such commitment as fully as though written in the order of
7commitment. The place of confinement for sentences imposed
8before the effective date of this amendatory Act of the 99th
9General Assembly are not affected or abated by this amendatory
10Act of the 99th General Assembly.
11    (d) No defendant shall be committed to the Department of
12Corrections for the recovery of a fine or costs.
13    (e) When a court sentences a defendant to a term of
14imprisonment concurrent with a previous and unexpired sentence
15of imprisonment imposed by any district court of the United
16States, it may commit the offender to the custody of the
17Attorney General of the United States. The Attorney General of
18the United States, or the authorized representative of the
19Attorney General of the United States, shall be furnished with
20the warrant of commitment from the court imposing sentence,
21which warrant of commitment shall provide that, when the
22offender is released from federal confinement, whether by
23parole or by termination of sentence, the offender shall be
24transferred by the Sheriff of the committing county to the
25Department of Corrections. The court shall cause the Department
26to be notified of such sentence at the time of commitment and

 

 

SB1971- 212 -LRB101 08001 SLF 53058 b

1to be provided with copies of all records regarding the
2sentence.
3(Source: P.A. 99-628, eff. 1-1-17.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.

 

 

SB1971- 213 -LRB101 08001 SLF 53058 b

1 INDEX
2 Statutes amended in order of appearance
3    55 ILCS 5/3-9008from Ch. 34, par. 3-9008
4    720 ILCS 5/16-1from Ch. 38, par. 16-1
5    720 ILCS 5/16-25
6    720 ILCS 550/4from Ch. 56 1/2, par. 704
7    720 ILCS 550/5from Ch. 56 1/2, par. 705
8    720 ILCS 550/5.1from Ch. 56 1/2, par. 705.1
9    720 ILCS 550/5.2from Ch. 56 1/2, par. 705.2
10    720 ILCS 550/7from Ch. 56 1/2, par. 707
11    720 ILCS 550/8from Ch. 56 1/2, par. 708
12    720 ILCS 550/10from Ch. 56 1/2, par. 710
13    720 ILCS 550/9 rep.
14    720 ILCS 570/401from Ch. 56 1/2, par. 1401
15    720 ILCS 570/401.1from Ch. 56 1/2, par. 1401.1
16    720 ILCS 570/402from Ch. 56 1/2, par. 1402
17    720 ILCS 570/404from Ch. 56 1/2, par. 1404
18    720 ILCS 570/405.2
19    720 ILCS 570/407from Ch. 56 1/2, par. 1407
20    720 ILCS 570/407.1from Ch. 56 1/2, par. 1407.1
21    720 ILCS 570/407.2from Ch. 56 1/2, par. 1407.2
22    720 ILCS 570/410from Ch. 56 1/2, par. 1410
23    720 ILCS 570/405 rep.
24    720 ILCS 570/405.1 rep.
25    720 ILCS 570/408 rep.

 

 

SB1971- 214 -LRB101 08001 SLF 53058 b

1    720 ILCS 600/3.5
2    720 ILCS 646/15
3    720 ILCS 646/20
4    720 ILCS 646/25
5    720 ILCS 646/30
6    720 ILCS 646/35
7    720 ILCS 646/40
8    720 ILCS 646/45
9    720 ILCS 646/50
10    720 ILCS 646/55
11    720 ILCS 646/55.1 new
12    720 ILCS 646/55.2 new
13    720 ILCS 646/55.3 new
14    720 ILCS 646/55.4 new
15    720 ILCS 646/55.5 new
16    720 ILCS 646/56
17    720 ILCS 646/60
18    720 ILCS 646/70
19    720 ILCS 646/65 rep.
20    720 ILCS 646/100 rep.
21    725 ILCS 210/4.01from Ch. 14, par. 204.01
22    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
23    730 ILCS 5/5-4-1from Ch. 38, par. 1005-4-1
24    730 ILCS 5/5-4.5-95
25    730 ILCS 5/5-5-3
26    730 ILCS 5/5-6-3.3

 

 

SB1971- 215 -LRB101 08001 SLF 53058 b

1    730 ILCS 5/5-6-3.4
2    730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1
3    730 ILCS 5/5-8-2from Ch. 38, par. 1005-8-2
4    730 ILCS 5/5-8-6from Ch. 38, par. 1005-8-6