102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4109

 

Introduced 9/3/2021, by Rep. Kambium Buckner, Kelly M. Cassidy and Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-303  from Ch. 95 1/2, par. 6-303
720 ILCS 5/9-3.3  from Ch. 38, par. 9-3.3
720 ILCS 5/12-3.3
730 ILCS 5/5-4.5-20
730 ILCS 5/5-4.5-25
730 ILCS 5/5-4.5-30
730 ILCS 5/5-4.5-35
730 ILCS 5/5-4.5-40
730 ILCS 5/5-4.5-45
730 ILCS 5/5-4.5-95
730 ILCS 5/5-4.5-120 new
730 ILCS 5/5-5-3
730 ILCS 5/5-5-3.2
730 ILCS 5/5-5-4  from Ch. 38, par. 1005-5-4
730 ILCS 5/5-8-2  from Ch. 38, par. 1005-8-2

    Amends the Unified Code of Corrections. Prohibits extended term sentences of incarceration and removes references to extended term sentencing. Provides that a person currently serving a sentence of incarceration for one or more felonies who was sentenced to an extended term may petition the court to be resentenced. Provides that a person who is resentenced shall be given credit for time served. Amends the Illinois Vehicle Code and the Criminal Code of 2012 to make conforming changes.


LRB102 18991 KMF 27719 b

 

 

A BILL FOR

 

HB4109LRB102 18991 KMF 27719 b

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

 

 

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1whose driving or operation of a motor vehicle is the proximate
2cause of a motor vehicle accident that causes personal injury
3or death to another. For purposes of this subsection, a
4personal injury includes any Type A injury as indicated on the
5traffic accident report completed by a law enforcement officer
6that requires immediate professional attention in either a
7doctor's office or a medical facility. A Type A injury
8includes severe bleeding wounds, distorted extremities, and
9injuries that require the injured party to be carried from the
10scene.
11    (a-5) Any person who violates this Section as provided in
12subsection (a) while his or her driver's license, permit, or
13privilege is revoked because of a violation of Section 9-3 of
14the Criminal Code of 1961 or the Criminal Code of 2012,
15relating to the offense of reckless homicide, or a violation
16of subparagraph (F) of paragraph (1) of subsection (d) of
17Section 11-501 of this Code, relating to the offense of
18aggravated driving under the influence of alcohol, other drug
19or drugs, or intoxicating compound or compounds, or any
20combination thereof when the violation was a proximate cause
21of a death, or a similar provision of a law of another state,
22is guilty of a Class 4 felony. The person shall be required to
23undergo a professional evaluation, as provided in Section
2411-501 of this Code, to determine if an alcohol, drug, or
25intoxicating compound problem exists and the extent of the
26problem, and to undergo the imposition of treatment as

 

 

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

 

 

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1device driving permit, the Secretary shall extend the
2suspension for the same period of time as the originally
3imposed suspension unless the suspension has already expired,
4in which case the Secretary shall be authorized to suspend the
5person's driving privileges for the same period of time as the
6originally imposed suspension.
7    (b-2) Except as provided in subsection (b-6) or (a-7),
8upon receiving a report of the conviction of any violation
9indicating a person was operating a motor vehicle when the
10person's driver's license, permit, or privilege was revoked by
11the Secretary of State or the driver's license administrator
12of any other state, except as specifically allowed by a
13restricted driving permit issued pursuant to this Code or the
14law of another state, the Secretary shall not issue a driver's
15license for an additional period of one year from the date of
16such conviction indicating such person was operating a vehicle
17during such period of revocation.
18    (b-3) (Blank).
19    (b-4) When the Secretary of State receives a report of a
20conviction of any violation indicating a person was operating
21a motor vehicle that was not equipped with an ignition
22interlock device during a time when the person was prohibited
23from operating a motor vehicle not equipped with such a
24device, the Secretary shall not issue a driver's license to
25that person for an additional period of one year from the date
26of the conviction.

 

 

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1    (b-5) Any person convicted of violating this Section shall
2serve a minimum term of imprisonment of 30 consecutive days or
3300 hours of community service when the person's driving
4privilege was revoked or suspended as a result of a violation
5of Section 9-3 of the Criminal Code of 1961 or the Criminal
6Code of 2012, relating to the offense of reckless homicide, or
7a violation of subparagraph (F) of paragraph (1) of subsection
8(d) of Section 11-501 of this Code, relating to the offense of
9aggravated driving under the influence of alcohol, other drug
10or drugs, or intoxicating compound or compounds, or any
11combination thereof when the violation was a proximate cause
12of a death, or a similar provision of a law of another state.
13The court may give credit toward the fulfillment of community
14service hours for participation in activities and treatment as
15determined by court services.
16    (b-6) Upon receiving a report of a first conviction of
17operating a motor vehicle while the person's driver's license,
18permit, or privilege was revoked where the revocation was for
19a violation of Section 9-3 of the Criminal Code of 1961 or the
20Criminal Code of 2012 relating to the offense of reckless
21homicide, or a violation of subparagraph (F) of paragraph (1)
22of subsection (d) of Section 11-501 of this Code, relating to
23the offense of aggravated driving under the influence of
24alcohol, other drug or drugs, or intoxicating compound or
25compounds, or any combination thereof when the violation was a
26proximate cause of a death, or a similar out-of-state offense,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    while the person's driver's license was suspended or
2    revoked for a violation of Section 9-3 of the Criminal
3    Code of 1961 or the Criminal Code of 2012, relating to the
4    offense of reckless homicide, or a violation of
5    subparagraph (F) of paragraph (1) of subsection (d) of
6    Section 11-501 of this Code, relating to the offense of
7    aggravated driving under the influence of alcohol, other
8    drug or drugs, or intoxicating compound or compounds, or
9    any combination thereof when the violation was a proximate
10    cause of a death, or a similar out-of-state offense, or
11    was suspended or revoked for a violation of Section 11-401
12    or 11-501 of this Code, a similar out-of-state offense, a
13    similar provision of a local ordinance, or a statutory
14    summary suspension or revocation under Section 11-501.1 of
15    this Code.
16    (d-3) Any person convicted of a fourth, fifth, sixth,
17seventh, eighth, or ninth violation of this Section is guilty
18of a Class 4 felony and must serve a minimum term of
19imprisonment of 180 days, if:
20        (1) the current violation occurred when the person's
21    driver's license was suspended or revoked for a violation
22    of Section 11-401 or 11-501 of this Code, a similar
23    out-of-state offense, a similar provision of a local
24    ordinance, or a statutory summary suspension or revocation
25    under Section 11-501.1 of this Code; and
26        (2) the prior convictions under this Section occurred

 

 

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1    while the person's driver's license was suspended or
2    revoked for a violation of Section 11-401 or 11-501 of
3    this Code, a similar out-of-state offense, a similar
4    provision of a local ordinance, or a statutory summary
5    suspension or revocation under Section 11-501.1 of this
6    Code, or for a violation of Section 9-3 of the Criminal
7    Code of 1961 or the Criminal Code of 2012, relating to the
8    offense of reckless homicide, or a violation of
9    subparagraph (F) of paragraph (1) of subsection (d) of
10    Section 11-501 of this Code, relating to the offense of
11    aggravated driving under the influence of alcohol, other
12    drug or drugs, or intoxicating compound or compounds, or
13    any combination thereof when the violation was a proximate
14    cause of a death, or a similar out-of-state offense.
15    (d-3.5) Any person convicted of a fourth or subsequent
16violation of this Section is guilty of a Class 1 felony, is not
17eligible for probation or conditional discharge, and must
18serve a mandatory term of imprisonment, and is eligible for an
19extended term, if:
20        (1) the current violation occurred when the person's
21    driver's license was suspended or revoked for a violation
22    of Section 9-3 of the Criminal Code of 1961 or the Criminal
23    Code of 2012, relating to the offense of reckless
24    homicide, or a violation of subparagraph (F) of paragraph
25    (1) of subsection (d) of Section 11-501 of this Code,
26    relating to the offense of aggravated driving under the

 

 

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

 

 

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

 

 

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1    ordinance, or a statutory summary suspension or revocation
2    under Section 11-501.1 of this Code; and
3        (2) the prior convictions under this Section occurred
4    while the person's driver's license was suspended or
5    revoked for a violation of Section 11-401 or 11-501 of
6    this Code, a similar out-of-state offense, a similar
7    provision of a local ordinance, or a statutory summary
8    suspension or revocation under Section 11-501.1 of this
9    Code, or for a violation of Section 9-3 of the Criminal
10    Code of 1961 or the Criminal Code of 2012, relating to the
11    offense of reckless homicide, or a violation of
12    subparagraph (F) of paragraph (1) of subsection (d) of
13    Section 11-501 of this Code, relating to the offense of
14    aggravated driving under the influence of alcohol, other
15    drug or drugs, or intoxicating compound or compounds, or
16    any combination thereof when the violation was a proximate
17    cause of a death, or a similar out-of-state offense.
18    (e) Any person in violation of this Section who is also in
19violation of Section 7-601 of this Code relating to mandatory
20insurance requirements, in addition to other penalties imposed
21under this Section, shall have his or her motor vehicle
22immediately impounded by the arresting law enforcement
23officer. The motor vehicle may be released to any licensed
24driver upon a showing of proof of insurance for the vehicle
25that was impounded and the notarized written consent for the
26release by the vehicle owner.

 

 

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1    (f) For any prosecution under this Section, a certified
2copy of the driving abstract of the defendant shall be
3admitted as proof of any prior conviction.
4    (g) The motor vehicle used in a violation of this Section
5is subject to seizure and forfeiture as provided in Sections
636-1 and 36-2 of the Criminal Code of 2012 if the person's
7driving privilege was revoked or suspended as a result of:
8        (1) a violation of Section 11-501 of this Code, a
9    similar provision of a local ordinance, or a similar
10    provision of a law of another state;
11        (2) a violation of paragraph (b) of Section 11-401 of
12    this Code, a similar provision of a local ordinance, or a
13    similar provision of a law of another state;
14        (3) a statutory summary suspension or revocation under
15    Section 11-501.1 of this Code or a similar provision of a
16    law of another state; or
17        (4) a violation of Section 9-3 of the Criminal Code of
18    1961 or the Criminal Code of 2012 relating to the offense
19    of reckless homicide, or a violation of subparagraph (F)
20    of paragraph (1) of subsection (d) of Section 11-501 of
21    this Code, relating to the offense of aggravated driving
22    under the influence of alcohol, other drug or drugs, or
23    intoxicating compound or compounds, or any combination
24    thereof when the violation was a proximate cause of a
25    death, or a similar provision of a law of another state.
26(Source: P.A. 100-149, eff. 1-1-18; 100-575, eff. 1-8-18;

 

 

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1100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
2    Section 10. The Criminal Code of 2012 is amended by
3changing Sections 9-3.3 and 12-3.3 as follows:
 
4    (720 ILCS 5/9-3.3)  (from Ch. 38, par. 9-3.3)
5    Sec. 9-3.3. Drug-induced homicide.
6    (a) A person commits drug-induced homicide when he or she
7violates Section 401 of the Illinois Controlled Substances Act
8or Section 55 of the Methamphetamine Control and Community
9Protection Act by unlawfully delivering a controlled substance
10to another, and any person's death is caused by the injection,
11inhalation, absorption, or ingestion of any amount of that
12controlled substance.
13    (a-5) A person commits drug-induced homicide when he or
14she violates the law of another jurisdiction, which if the
15violation had been committed in this State could be charged
16under Section 401 of the Illinois Controlled Substances Act or
17Section 55 of the Methamphetamine Control and Community
18Protection Act, by unlawfully delivering a controlled
19substance to another, and any person's death is caused in this
20State by the injection, inhalation, absorption, or ingestion
21of any amount of that controlled substance.
22    (b) Sentence. Drug-induced homicide is a Class X felony,
23except:
24        (1) A person who commits drug-induced homicide by

 

 

HB4109- 19 -LRB102 18991 KMF 27719 b

1    violating subsection (a) or subsection (c) of Section 401
2    of the Illinois Controlled Substances Act or Section 55 of
3    the Methamphetamine Control and Community Protection Act
4    commits a Class X felony for which the defendant shall in
5    addition to a sentence authorized by law, be sentenced to
6    a term of imprisonment of not less than 15 years and not
7    more than 30 years or an extended term of not less than 30
8    years and not more than 60 years.
9        (2) A person who commits drug-induced homicide by
10    violating the law of another jurisdiction, which if the
11    violation had been committed in this State could be
12    charged under subsection (a) or subsection (c) of Section
13    401 of the Illinois Controlled Substances Act or Section
14    55 of the Methamphetamine Control and Community Protection
15    Act, commits a Class X felony for which the defendant
16    shall, in addition to a sentence authorized by law, be
17    sentenced to a term of imprisonment of not less than 15
18    years and not more than 30 years or an extended term of not
19    less than 30 years and not more than 60 years.
20(Source: P.A. 100-404, eff. 1-1-18.)
 
21    (720 ILCS 5/12-3.3)
22    Sec. 12-3.3. Aggravated domestic battery.
23    (a) A person who, in committing a domestic battery,
24knowingly causes great bodily harm, or permanent disability or
25disfigurement commits aggravated domestic battery.

 

 

HB4109- 20 -LRB102 18991 KMF 27719 b

1    (a-5) A person who, in committing a domestic battery,
2strangles another individual commits aggravated domestic
3battery. For the purposes of this subsection (a-5), "strangle"
4means intentionally impeding the normal breathing or
5circulation of the blood of an individual by applying pressure
6on the throat or neck of that individual or by blocking the
7nose or mouth of that individual.
8    (b) Sentence. Aggravated domestic battery is a Class 2
9felony. Any order of probation or conditional discharge
10entered following a conviction for an offense under this
11Section must include, in addition to any other condition of
12probation or conditional discharge, a condition that the
13offender serve a mandatory term of imprisonment of not less
14than 60 consecutive days. A person convicted of a second or
15subsequent violation of this Section must be sentenced to a
16mandatory term of imprisonment of not less than 3 years and not
17more than 7 years or an extended term of imprisonment of not
18less than 7 years and not more than 14 years.
19    (c) Upon conviction of aggravated domestic battery, the
20court shall advise the defendant orally or in writing,
21substantially as follows: "An individual convicted of
22aggravated domestic battery may be subject to federal criminal
23penalties for possessing, transporting, shipping, or receiving
24any firearm or ammunition in violation of the federal Gun
25Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation
26shall be made in the court file that the admonition was given.

 

 

HB4109- 21 -LRB102 18991 KMF 27719 b

1(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09;
296-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)
 
3    Section 15. The Unified Code of Corrections is amended by
4changing Sections 5-4.5-20, 5-4.5-25, 5-4.5-30, 5-4.5-35,
55-4.5-40, 5-4.5-45, 5-4.5-95, 5-5-3, 5-5-3.2, 5-5-4, and 5-8-2
6and by adding Section 5-4.5-120 as follows:
 
7    (730 ILCS 5/5-4.5-20)
8    Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
9degree murder:
10    (a) TERM. The defendant shall be sentenced to imprisonment
11or, if appropriate, death under Section 9-1 of the Criminal
12Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
13Imprisonment shall be for a determinate term, subject to
14Section 5-4.5-115 of this Code, of (1) not less than 20 years
15and not more than 60 years; (2) (blank); not less than 60 years
16and not more than 100 years when an extended term is imposed
17under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
18provided in Section 5-8-1 (730 ILCS 5/5-8-1).
19    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
20shall not be imposed.
21    (c) IMPACT INCARCERATION. The impact incarceration program
22or the county impact incarceration program is not an
23authorized disposition.
24    (d) PROBATION; CONDITIONAL DISCHARGE. A period of

 

 

HB4109- 22 -LRB102 18991 KMF 27719 b

1probation or conditional discharge shall not be imposed.
2    (e) FINE. Fines may be imposed as provided in Section
35-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
4    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
5concerning restitution.
6    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
7be concurrent or consecutive as provided in Section 5-8-4 (730
8ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
9    (h) DRUG COURT. Drug court is not an authorized
10disposition.
11    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
12ILCS 5/5-4.5-100) concerning no credit for time spent in home
13detention prior to judgment.
14    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
15for rules and regulations for sentence credit.
16    (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
17monitoring and home detention are not authorized dispositions,
18except in limited circumstances as provided in Section 5-8A-3
19(730 ILCS 5/5-8A-3).
20    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
21provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
22mandatory supervised release term shall be 3 years upon
23release from imprisonment.
24(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
25101-288, eff. 1-1-20.)
 

 

 

HB4109- 23 -LRB102 18991 KMF 27719 b

1    (730 ILCS 5/5-4.5-25)
2    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
3felony:
4    (a) TERM. The sentence of imprisonment shall be a
5determinate sentence, subject to Section 5-4.5-115 of this
6Code, of not less than 6 years and not more than 30 years. The
7sentence of imprisonment for an extended term Class X felony,
8as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to
9Section 5-4.5-115 of this Code, shall be not less than 30 years
10and not more than 60 years.
11    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
12shall not be imposed.
13    (c) IMPACT INCARCERATION. The impact incarceration program
14or the county impact incarceration program is not an
15authorized disposition.
16    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
17probation or conditional discharge shall not be imposed.
18    (e) FINE. Fines may be imposed as provided in Section
195-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
20    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
21concerning restitution.
22    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
23be concurrent or consecutive as provided in Section 5-8-4 (730
24ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
25    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
26Act (730 ILCS 166/20) concerning eligibility for a drug court

 

 

HB4109- 24 -LRB102 18991 KMF 27719 b

1program.
2    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
3ILCS 5/5-4.5-100) concerning no credit for time spent in home
4detention prior to judgment.
5    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
6for rules and regulations for sentence credit.
7    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
85-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
9electronic monitoring and home detention.
10    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
11provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
125/5-8-1), the parole or mandatory supervised release term
13shall be 3 years upon release from imprisonment.
14(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
15101-288, eff. 1-1-20.)
 
16    (730 ILCS 5/5-4.5-30)
17    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
18felony:
19    (a) TERM. The sentence of imprisonment, other than for
20second degree murder, shall be a determinate sentence of not
21less than 4 years and not more than 15 years, subject to
22Section 5-4.5-115 of this Code. The sentence of imprisonment
23for second degree murder shall be a determinate sentence of
24not less than 4 years and not more than 20 years, subject to
25Section 5-4.5-115 of this Code. The sentence of imprisonment

 

 

HB4109- 25 -LRB102 18991 KMF 27719 b

1for an extended term Class 1 felony, as provided in Section
25-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this
3Code, shall be a term not less than 15 years and not more than
430 years.
5    (b) PERIODIC IMPRISONMENT. A sentence of periodic
6imprisonment shall be for a definite term of from 3 to 4 years,
7except as otherwise provided in Section 5-5-3 or 5-7-1 (730
8ILCS 5/5-5-3 or 5/5-7-1).
9    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
10(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
11the impact incarceration program or the county impact
12incarceration program.
13    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
14in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
15period of probation or conditional discharge shall not exceed
164 years. The court shall specify the conditions of probation
17or conditional discharge as set forth in Section 5-6-3 (730
18ILCS 5/5-6-3). In no case shall an offender be eligible for a
19disposition of probation or conditional discharge for a Class
201 felony committed while he or she was serving a term of
21probation or conditional discharge for a felony.
22    (e) FINE. Fines may be imposed as provided in Section
235-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
24    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
25concerning restitution.
26    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall

 

 

HB4109- 26 -LRB102 18991 KMF 27719 b

1be concurrent or consecutive as provided in Section 5-8-4 (730
2ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
3    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
4Act (730 ILCS 166/20) concerning eligibility for a drug court
5program.
6    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
7ILCS 5/5-4.5-100) concerning credit for time spent in home
8detention prior to judgment.
9    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
10ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
11(730 ILCS 130/) for rules and regulations for sentence credit.
12    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
135-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
14electronic monitoring and home detention.
15    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
16provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
175/5-8-1), the parole or mandatory supervised release term
18shall be 2 years upon release from imprisonment.
19(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
20101-288, eff. 1-1-20.)
 
21    (730 ILCS 5/5-4.5-35)
22    Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2
23felony:
24    (a) TERM. The sentence of imprisonment shall be a
25determinate sentence of not less than 3 years and not more than

 

 

HB4109- 27 -LRB102 18991 KMF 27719 b

17 years. The sentence of imprisonment for an extended term
2Class 2 felony, as provided in Section 5-8-2 (730 ILCS
35/5-8-2), shall be a term not less than 7 years and not more
4than 14 years.
5    (b) PERIODIC IMPRISONMENT. A sentence of periodic
6imprisonment shall be for a definite term of from 18 to 30
7months, except as otherwise provided in Section 5-5-3 or 5-7-1
8(730 ILCS 5/5-5-3 or 5/5-7-1).
9    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
10(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
11the impact incarceration program or the county impact
12incarceration program.
13    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
14in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
15period of probation or conditional discharge shall not exceed
164 years. The court shall specify the conditions of probation
17or conditional discharge as set forth in Section 5-6-3 (730
18ILCS 5/5-6-3).
19    (e) FINE. Fines may be imposed as provided in Section
205-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
21    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
22concerning restitution.
23    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
24be concurrent or consecutive as provided in Section 5-8-4 (730
25ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
26    (h) DRUG COURT. See Section 20 of the Drug Court Treatment

 

 

HB4109- 28 -LRB102 18991 KMF 27719 b

1Act (730 ILCS 166/20) concerning eligibility for a drug court
2program.
3    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
4ILCS 5/5-4.5-100) concerning credit for time spent in home
5detention prior to judgment.
6    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
7ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
8(730 ILCS 130/) for rules and regulations for sentence credit.
9    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
105-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
11electronic monitoring and home detention.
12    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
13provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
145/5-8-1), the parole or mandatory supervised release term
15shall be 2 years upon release from imprisonment.
16(Source: P.A. 100-431, eff. 8-25-17.)
 
17    (730 ILCS 5/5-4.5-40)
18    Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3
19felony:
20    (a) TERM. The sentence of imprisonment shall be a
21determinate sentence of not less than 2 years and not more than
225 years. The sentence of imprisonment for an extended term
23Class 3 felony, as provided in Section 5-8-2 (730 ILCS
245/5-8-2), shall be a term not less than 5 years and not more
25than 10 years.

 

 

HB4109- 29 -LRB102 18991 KMF 27719 b

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

 

 

HB4109- 30 -LRB102 18991 KMF 27719 b

1detention prior to judgment.
2    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
3ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
4(730 ILCS 130/) for rules and regulations for sentence credit.
5    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
65-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
7electronic monitoring and home detention.
8    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
9provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
105/5-8-1), the parole or mandatory supervised release term
11shall be one year upon release from imprisonment.
12(Source: P.A. 100-431, eff. 8-25-17.)
 
13    (730 ILCS 5/5-4.5-45)
14    Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4
15felony:
16    (a) TERM. The sentence of imprisonment shall be a
17determinate sentence of not less than one year and not more
18than 3 years. The sentence of imprisonment for an extended
19term Class 4 felony, as provided in Section 5-8-2 (730 ILCS
205/5-8-2), shall be a term not less than 3 years and not more
21than 6 years.
22    (b) PERIODIC IMPRISONMENT. A sentence of periodic
23imprisonment shall be for a definite term of up to 18 months,
24except as otherwise provided in Section 5-5-3 or 5-7-1 (730
25ILCS 5/5-5-3 or 5/5-7-1).

 

 

HB4109- 31 -LRB102 18991 KMF 27719 b

1    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
2(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
3the impact incarceration program or the county impact
4incarceration program.
5    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
6in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
7period of probation or conditional discharge shall not exceed
830 months. The court shall specify the conditions of probation
9or conditional discharge as set forth in Section 5-6-3 (730
10ILCS 5/5-6-3).
11    (e) FINE. Fines may be imposed as provided in Section
125-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
13    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
14concerning restitution.
15    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
16be concurrent or consecutive as provided in Section 5-8-4 (730
17ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
18    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
19Act (730 ILCS 166/20) concerning eligibility for a drug court
20program.
21    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
22ILCS 5/5-4.5-100) concerning credit for time spent in home
23detention prior to judgment.
24    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
25ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
26(730 ILCS 130/) for rules and regulations for sentence credit.

 

 

HB4109- 32 -LRB102 18991 KMF 27719 b

1    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
25-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
3electronic monitoring and home detention.
4    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
5provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
65/5-8-1), the parole or mandatory supervised release term
7shall be one year upon release from imprisonment.
8(Source: P.A. 100-431, eff. 8-25-17.)
 
9    (730 ILCS 5/5-4.5-95)
10    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
11    (a) HABITUAL CRIMINALS.
12        (1) Every person who has been twice convicted in any
13    state or federal court of an offense that contains the
14    same elements as an offense now (the date of the offense
15    committed after the 2 prior convictions) classified in
16    Illinois as a Class X felony, criminal sexual assault,
17    aggravated kidnapping, or first degree murder, and who is
18    thereafter convicted of a Class X felony, criminal sexual
19    assault, or first degree murder, committed after the 2
20    prior convictions, shall be adjudged an habitual criminal.
21        (2) The 2 prior convictions need not have been for the
22    same offense.
23        (3) Any convictions that result from or are connected
24    with the same transaction, or result from offenses
25    committed at the same time, shall be counted for the

 

 

HB4109- 33 -LRB102 18991 KMF 27719 b

1    purposes of this Section as one conviction.
2        (4) This Section does not apply unless each of the
3    following requirements are satisfied:
4            (A) The third offense was committed after July 3,
5        1980.
6            (B) The third offense was committed within 20
7        years of the date that judgment was entered on the
8        first conviction; provided, however, that time spent
9        in custody shall not be counted.
10            (C) The third offense was committed after
11        conviction on the second offense.
12            (D) The second offense was committed after
13        conviction on the first offense.
14            (E) The first offense was committed when the
15        person was 21 years of age or older.
16        (5) Anyone who is adjudged an habitual criminal shall
17    be sentenced to a term of natural life imprisonment.
18        (6) A prior conviction shall not be alleged in the
19    indictment, and no evidence or other disclosure of that
20    conviction shall be presented to the court or the jury
21    during the trial of an offense set forth in this Section
22    unless otherwise permitted by the issues properly raised
23    in that trial. After a plea or verdict or finding of guilty
24    and before sentence is imposed, the prosecutor may file
25    with the court a verified written statement signed by the
26    State's Attorney concerning any former conviction of an

 

 

HB4109- 34 -LRB102 18991 KMF 27719 b

1    offense set forth in this Section rendered against the
2    defendant. The court shall then cause the defendant to be
3    brought before it; shall inform the defendant of the
4    allegations of the statement so filed, and of his or her
5    right to a hearing before the court on the issue of that
6    former conviction and of his or her right to counsel at
7    that hearing; and unless the defendant admits such
8    conviction, shall hear and determine the issue, and shall
9    make a written finding thereon. If a sentence has
10    previously been imposed, the court may vacate that
11    sentence and impose a new sentence in accordance with this
12    Section.
13        (7) A duly authenticated copy of the record of any
14    alleged former conviction of an offense set forth in this
15    Section shall be prima facie evidence of that former
16    conviction; and a duly authenticated copy of the record of
17    the defendant's final release or discharge from probation
18    granted, or from sentence and parole supervision (if any)
19    imposed pursuant to that former conviction, shall be prima
20    facie evidence of that release or discharge.
21        (8) Any claim that a previous conviction offered by
22    the prosecution is not a former conviction of an offense
23    set forth in this Section because of the existence of any
24    exceptions described in this Section, is waived unless
25    duly raised at the hearing on that conviction, or unless
26    the prosecution's proof shows the existence of the

 

 

HB4109- 35 -LRB102 18991 KMF 27719 b

1    exceptions described in this Section.
2        (9) If the person so convicted shows to the
3    satisfaction of the court before whom that conviction was
4    had that he or she was released from imprisonment, upon
5    either of the sentences upon a pardon granted for the
6    reason that he or she was innocent, that conviction and
7    sentence shall not be considered under this Section.
8    (b) (Blank). When a defendant, over the age of 21 years, is
9convicted of a Class 1 or Class 2 forcible felony after having
10twice been convicted in any state or federal court of an
11offense that contains the same elements as an offense now (the
12date the Class 1 or Class 2 forcible felony was committed)
13classified in Illinois as a Class 2 or greater Class forcible
14felony and those charges are separately brought and tried and
15arise out of different series of acts, that defendant shall be
16sentenced as a Class X offender. This subsection does not
17apply unless:
18        (1) the first forcible felony was committed after
19    February 1, 1978 (the effective date of Public Act
20    80-1099);
21        (2) the second forcible felony was committed after
22    conviction on the first;
23        (3) the third forcible felony was committed after
24    conviction on the second; and
25        (4) the first offense was committed when the person
26    was 21 years of age or older.

 

 

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1    (c) (Blank).
2    A person sentenced as a Class X offender under this
3subsection (b) is not eligible to apply for treatment as a
4condition of probation as provided by Section 40-10 of the
5Substance Use Disorder Act (20 ILCS 301/40-10).
6(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
7101-652, eff. 7-1-21.)
 
8    (730 ILCS 5/5-4.5-120 new)
9    Sec. 5-4.5-120. Application; resentencing.
10    (a) Notwithstanding any provision of this Code to the
11contrary, the changes made by this amendatory Act of the 102nd
12General Assembly apply to offenses committed before the
13effective date of this amendatory Act of the 102nd General
14Assembly, and to offenses committed on or after the effective
15date of this amendatory Act of the 102nd General Assembly.
16    (b) A person:
17        (1) who is serving a sentence of incarceration on the
18    effective date of this amendatory Act of the 102nd General
19    Assembly for a conviction for, or plea of guilty to, one or
20    more felonies; and
21        (2) who was sentenced to an extended term for one or
22    more of those felonies;
23may petition the trial court that entered the judgment of
24conviction in his or her case to be resentenced in accordance
25with the changes made by this amendatory Act of the 102nd

 

 

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1General Assembly.
2    A person who is resentenced under this subsection shall be
3given credit for time served. Under no circumstances may
4resentencing under this subsection result in the imposition of
5a term longer than the original sentence imposed.
 
6    (730 ILCS 5/5-5-3)
7    Sec. 5-5-3. Disposition.
8    (a) (Blank).
9    (b) (Blank).
10    (c) (1) (Blank).
11    (2) A period of probation, a term of periodic imprisonment
12or conditional discharge shall not be imposed for the
13following offenses. The court shall sentence the offender to
14not less than the minimum term of imprisonment set forth in
15this Code for the following offenses, and may order a fine or
16restitution or both in conjunction with such term of
17imprisonment:
18        (A) First degree murder where the death penalty is not
19    imposed.
20        (B) Attempted first degree murder.
21        (C) A Class X felony.
22        (D) A violation of Section 401.1 or 407 of the
23    Illinois Controlled Substances Act, or a violation of
24    subdivision (c)(1.5) of Section 401 of that Act which
25    relates to more than 5 grams of a substance containing

 

 

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1    fentanyl or an analog thereof.
2        (D-5) A violation of subdivision (c)(1) of Section 401
3    of the Illinois Controlled Substances Act which relates to
4    3 or more grams of a substance containing heroin or an
5    analog thereof.
6        (E) (Blank).
7        (F) A Class 1 or greater felony if the offender had
8    been convicted of a Class 1 or greater felony, including
9    any state or federal conviction for an offense that
10    contained, at the time it was committed, the same elements
11    as an offense now (the date of the offense committed after
12    the prior Class 1 or greater felony) classified as a Class
13    1 or greater felony, within 10 years of the date on which
14    the offender committed the offense for which he or she is
15    being sentenced, except as otherwise provided in Section
16    40-10 of the Substance Use Disorder Act.
17        (F-3) A Class 2 or greater felony sex offense or
18    felony firearm offense if the offender had been convicted
19    of a Class 2 or greater felony, including any state or
20    federal conviction for an offense that contained, at the
21    time it was committed, the same elements as an offense now
22    (the date of the offense committed after the prior Class 2
23    or greater felony) classified as a Class 2 or greater
24    felony, within 10 years of the date on which the offender
25    committed the offense for which he or she is being
26    sentenced, except as otherwise provided in Section 40-10

 

 

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1    of the Substance Use Disorder Act.
2        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
3    of the Criminal Code of 1961 or the Criminal Code of 2012
4    for which imprisonment is prescribed in those Sections.
5        (G) Residential burglary, except as otherwise provided
6    in Section 40-10 of the Substance Use Disorder Act.
7        (H) Criminal sexual assault.
8        (I) Aggravated battery of a senior citizen as
9    described in Section 12-4.6 or subdivision (a)(4) of
10    Section 12-3.05 of the Criminal Code of 1961 or the
11    Criminal Code of 2012.
12        (J) A forcible felony if the offense was related to
13    the activities of an organized gang.
14        Before July 1, 1994, for the purposes of this
15    paragraph, "organized gang" means an association of 5 or
16    more persons, with an established hierarchy, that
17    encourages members of the association to perpetrate crimes
18    or provides support to the members of the association who
19    do commit crimes.
20        Beginning July 1, 1994, for the purposes of this
21    paragraph, "organized gang" has the meaning ascribed to it
22    in Section 10 of the Illinois Streetgang Terrorism Omnibus
23    Prevention Act.
24        (K) Vehicular hijacking.
25        (L) A second or subsequent conviction for the offense
26    of hate crime when the underlying offense upon which the

 

 

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1    hate crime is based is felony aggravated assault or felony
2    mob action.
3        (M) A second or subsequent conviction for the offense
4    of institutional vandalism if the damage to the property
5    exceeds $300.
6        (N) A Class 3 felony violation of paragraph (1) of
7    subsection (a) of Section 2 of the Firearm Owners
8    Identification Card Act.
9        (O) A violation of Section 12-6.1 or 12-6.5 of the
10    Criminal Code of 1961 or the Criminal Code of 2012.
11        (P) A violation of paragraph (1), (2), (3), (4), (5),
12    or (7) of subsection (a) of Section 11-20.1 of the
13    Criminal Code of 1961 or the Criminal Code of 2012.
14        (Q) A violation of subsection (b) or (b-5) of Section
15    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
16    Code of 1961 or the Criminal Code of 2012.
17        (R) A violation of Section 24-3A of the Criminal Code
18    of 1961 or the Criminal Code of 2012.
19        (S) (Blank).
20        (T) (Blank).
21        (U) A second or subsequent violation of Section 6-303
22    of the Illinois Vehicle Code committed while his or her
23    driver's license, permit, or privilege was revoked because
24    of a violation of Section 9-3 of the Criminal Code of 1961
25    or the Criminal Code of 2012, relating to the offense of
26    reckless homicide, or a similar provision of a law of

 

 

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1    another state.
2        (V) A violation of paragraph (4) of subsection (c) of
3    Section 11-20.1B or paragraph (4) of subsection (c) of
4    Section 11-20.3 of the Criminal Code of 1961, or paragraph
5    (6) of subsection (a) of Section 11-20.1 of the Criminal
6    Code of 2012 when the victim is under 13 years of age and
7    the defendant has previously been convicted under the laws
8    of this State or any other state of the offense of child
9    pornography, aggravated child pornography, aggravated
10    criminal sexual abuse, aggravated criminal sexual assault,
11    predatory criminal sexual assault of a child, or any of
12    the offenses formerly known as rape, deviate sexual
13    assault, indecent liberties with a child, or aggravated
14    indecent liberties with a child where the victim was under
15    the age of 18 years or an offense that is substantially
16    equivalent to those offenses.
17        (W) A violation of Section 24-3.5 of the Criminal Code
18    of 1961 or the Criminal Code of 2012.
19        (X) A violation of subsection (a) of Section 31-1a of
20    the Criminal Code of 1961 or the Criminal Code of 2012.
21        (Y) A conviction for unlawful possession of a firearm
22    by a street gang member when the firearm was loaded or
23    contained firearm ammunition.
24        (Z) A Class 1 felony committed while he or she was
25    serving a term of probation or conditional discharge for a
26    felony.

 

 

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1        (AA) Theft of property exceeding $500,000 and not
2    exceeding $1,000,000 in value.
3        (BB) Laundering of criminally derived property of a
4    value exceeding $500,000.
5        (CC) Knowingly selling, offering for sale, holding for
6    sale, or using 2,000 or more counterfeit items or
7    counterfeit items having a retail value in the aggregate
8    of $500,000 or more.
9        (DD) A conviction for aggravated assault under
10    paragraph (6) of subsection (c) of Section 12-2 of the
11    Criminal Code of 1961 or the Criminal Code of 2012 if the
12    firearm is aimed toward the person against whom the
13    firearm is being used.
14        (EE) A conviction for a violation of paragraph (2) of
15    subsection (a) of Section 24-3B of the Criminal Code of
16    2012.
17    (3) (Blank).
18    (4) A minimum term of imprisonment of not less than 10
19consecutive days or 30 days of community service shall be
20imposed for a violation of paragraph (c) of Section 6-303 of
21the Illinois Vehicle Code.
22    (4.1) (Blank).
23    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
24this subsection (c), a minimum of 100 hours of community
25service shall be imposed for a second violation of Section
266-303 of the Illinois Vehicle Code.

 

 

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1    (4.3) A minimum term of imprisonment of 30 days or 300
2hours of community service, as determined by the court, shall
3be imposed for a second violation of subsection (c) of Section
46-303 of the Illinois Vehicle Code.
5    (4.4) Except as provided in paragraphs (4.5), (4.6), and
6(4.9) of this subsection (c), a minimum term of imprisonment
7of 30 days or 300 hours of community service, as determined by
8the court, shall be imposed for a third or subsequent
9violation of Section 6-303 of the Illinois Vehicle Code. The
10court may give credit toward the fulfillment of community
11service hours for participation in activities and treatment as
12determined by court services.
13    (4.5) A minimum term of imprisonment of 30 days shall be
14imposed for a third violation of subsection (c) of Section
156-303 of the Illinois Vehicle Code.
16    (4.6) Except as provided in paragraph (4.10) of this
17subsection (c), a minimum term of imprisonment of 180 days
18shall be imposed for a fourth or subsequent violation of
19subsection (c) of Section 6-303 of the Illinois Vehicle Code.
20    (4.7) A minimum term of imprisonment of not less than 30
21consecutive days, or 300 hours of community service, shall be
22imposed for a violation of subsection (a-5) of Section 6-303
23of the Illinois Vehicle Code, as provided in subsection (b-5)
24of that Section.
25    (4.8) A mandatory prison sentence shall be imposed for a
26second violation of subsection (a-5) of Section 6-303 of the

 

 

HB4109- 44 -LRB102 18991 KMF 27719 b

1Illinois Vehicle Code, as provided in subsection (c-5) of that
2Section. The person's driving privileges shall be revoked for
3a period of not less than 5 years from the date of his or her
4release from prison.
5    (4.9) A mandatory prison sentence of not less than 4 and
6not more than 15 years shall be imposed for a third violation
7of subsection (a-5) of Section 6-303 of the Illinois Vehicle
8Code, as provided in subsection (d-2.5) of that Section. The
9person's driving privileges shall be revoked for the remainder
10of his or her life.
11    (4.10) A mandatory prison sentence for a Class 1 felony
12shall be imposed, and the person shall be eligible for an
13extended term sentence, for a fourth or subsequent violation
14of subsection (a-5) of Section 6-303 of the Illinois Vehicle
15Code, as provided in subsection (d-3.5) of that Section. The
16person's driving privileges shall be revoked for the remainder
17of his or her life.
18    (5) The court may sentence a corporation or unincorporated
19association convicted of any offense to:
20        (A) a period of conditional discharge;
21        (B) a fine;
22        (C) make restitution to the victim under Section 5-5-6
23    of this Code.
24    (5.1) In addition to any other penalties imposed, and
25except as provided in paragraph (5.2) or (5.3), a person
26convicted of violating subsection (c) of Section 11-907 of the

 

 

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1Illinois Vehicle Code shall have his or her driver's license,
2permit, or privileges suspended for at least 90 days but not
3more than one year, if the violation resulted in damage to the
4property of another person.
5    (5.2) In addition to any other penalties imposed, and
6except as provided in paragraph (5.3), a person convicted of
7violating subsection (c) of Section 11-907 of the Illinois
8Vehicle Code shall have his or her driver's license, permit,
9or privileges suspended for at least 180 days but not more than
102 years, if the violation resulted in injury to another
11person.
12    (5.3) In addition to any other penalties imposed, a person
13convicted of violating subsection (c) of Section 11-907 of the
14Illinois Vehicle Code shall have his or her driver's license,
15permit, or privileges suspended for 2 years, if the violation
16resulted in the death of another person.
17    (5.4) In addition to any other penalties imposed, a person
18convicted of violating Section 3-707 of the Illinois Vehicle
19Code shall have his or her driver's license, permit, or
20privileges suspended for 3 months and until he or she has paid
21a reinstatement fee of $100.
22    (5.5) In addition to any other penalties imposed, a person
23convicted of violating Section 3-707 of the Illinois Vehicle
24Code during a period in which his or her driver's license,
25permit, or privileges were suspended for a previous violation
26of that Section shall have his or her driver's license,

 

 

HB4109- 46 -LRB102 18991 KMF 27719 b

1permit, or privileges suspended for an additional 6 months
2after the expiration of the original 3-month suspension and
3until he or she has paid a reinstatement fee of $100.
4    (6) (Blank).
5    (7) (Blank).
6    (8) (Blank).
7    (9) A defendant convicted of a second or subsequent
8offense of ritualized abuse of a child may be sentenced to a
9term of natural life imprisonment.
10    (10) (Blank).
11    (11) The court shall impose a minimum fine of $1,000 for a
12first offense and $2,000 for a second or subsequent offense
13upon a person convicted of or placed on supervision for
14battery when the individual harmed was a sports official or
15coach at any level of competition and the act causing harm to
16the sports official or coach occurred within an athletic
17facility or within the immediate vicinity of the athletic
18facility at which the sports official or coach was an active
19participant of the athletic contest held at the athletic
20facility. For the purposes of this paragraph (11), "sports
21official" means a person at an athletic contest who enforces
22the rules of the contest, such as an umpire or referee;
23"athletic facility" means an indoor or outdoor playing field
24or recreational area where sports activities are conducted;
25and "coach" means a person recognized as a coach by the
26sanctioning authority that conducted the sporting event.

 

 

HB4109- 47 -LRB102 18991 KMF 27719 b

1    (12) A person may not receive a disposition of court
2supervision for a violation of Section 5-16 of the Boat
3Registration and Safety Act if that person has previously
4received a disposition of court supervision for a violation of
5that Section.
6    (13) A person convicted of or placed on court supervision
7for an assault or aggravated assault when the victim and the
8offender are family or household members as defined in Section
9103 of the Illinois Domestic Violence Act of 1986 or convicted
10of domestic battery or aggravated domestic battery may be
11required to attend a Partner Abuse Intervention Program under
12protocols set forth by the Illinois Department of Human
13Services under such terms and conditions imposed by the court.
14The costs of such classes shall be paid by the offender.
15    (d) In any case in which a sentence originally imposed is
16vacated, the case shall be remanded to the trial court. The
17trial court shall hold a hearing under Section 5-4-1 of this
18Code which may include evidence of the defendant's life, moral
19character and occupation during the time since the original
20sentence was passed. The trial court shall then impose
21sentence upon the defendant. The trial court may impose any
22sentence which could have been imposed at the original trial
23subject to Section 5-5-4 of this Code. If a sentence is vacated
24on appeal or on collateral attack due to the failure of the
25trier of fact at trial to determine beyond a reasonable doubt
26the existence of a fact (other than a prior conviction)

 

 

HB4109- 48 -LRB102 18991 KMF 27719 b

1necessary to increase the punishment for the offense beyond
2the statutory maximum otherwise applicable, either the
3defendant may be re-sentenced to a term within the range
4otherwise provided or, if the State files notice of its
5intention to again seek the extended sentence, the defendant
6shall be afforded a new trial.
7    (e) In cases where prosecution for aggravated criminal
8sexual abuse under Section 11-1.60 or 12-16 of the Criminal
9Code of 1961 or the Criminal Code of 2012 results in conviction
10of a defendant who was a family member of the victim at the
11time of the commission of the offense, the court shall
12consider the safety and welfare of the victim and may impose a
13sentence of probation only where:
14        (1) the court finds (A) or (B) or both are
15    appropriate:
16            (A) the defendant is willing to undergo a court
17        approved counseling program for a minimum duration of
18        2 years; or
19            (B) the defendant is willing to participate in a
20        court approved plan including but not limited to the
21        defendant's:
22                (i) removal from the household;
23                (ii) restricted contact with the victim;
24                (iii) continued financial support of the
25            family;
26                (iv) restitution for harm done to the victim;

 

 

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1            and
2                (v) compliance with any other measures that
3            the court may deem appropriate; and
4        (2) the court orders the defendant to pay for the
5    victim's counseling services, to the extent that the court
6    finds, after considering the defendant's income and
7    assets, that the defendant is financially capable of
8    paying for such services, if the victim was under 18 years
9    of age at the time the offense was committed and requires
10    counseling as a result of the offense.
11    Probation may be revoked or modified pursuant to Section
125-6-4; except where the court determines at the hearing that
13the defendant violated a condition of his or her probation
14restricting contact with the victim or other family members or
15commits another offense with the victim or other family
16members, the court shall revoke the defendant's probation and
17impose a term of imprisonment.
18    For the purposes of this Section, "family member" and
19"victim" shall have the meanings ascribed to them in Section
2011-0.1 of the Criminal Code of 2012.
21    (f) (Blank).
22    (g) Whenever a defendant is convicted of an offense under
23Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2411-14.3, 11-14.4 except for an offense that involves keeping a
25place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

 

 

HB4109- 50 -LRB102 18991 KMF 27719 b

112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
2Criminal Code of 2012, the defendant shall undergo medical
3testing to determine whether the defendant has any sexually
4transmissible disease, including a test for infection with
5human immunodeficiency virus (HIV) or any other identified
6causative agent of acquired immunodeficiency syndrome (AIDS).
7Any such medical test shall be performed only by appropriately
8licensed medical practitioners and may include an analysis of
9any bodily fluids as well as an examination of the defendant's
10person. Except as otherwise provided by law, the results of
11such test shall be kept strictly confidential by all medical
12personnel involved in the testing and must be personally
13delivered in a sealed envelope to the judge of the court in
14which the conviction was entered for the judge's inspection in
15camera. Acting in accordance with the best interests of the
16victim and the public, the judge shall have the discretion to
17determine to whom, if anyone, the results of the testing may be
18revealed. The court shall notify the defendant of the test
19results. The court shall also notify the victim if requested
20by the victim, and if the victim is under the age of 15 and if
21requested by the victim's parents or legal guardian, the court
22shall notify the victim's parents or legal guardian of the
23test results. The court shall provide information on the
24availability of HIV testing and counseling at Department of
25Public Health facilities to all parties to whom the results of
26the testing are revealed and shall direct the State's Attorney

 

 

HB4109- 51 -LRB102 18991 KMF 27719 b

1to provide the information to the victim when possible. A
2State's Attorney may petition the court to obtain the results
3of any HIV test administered under this Section, and the court
4shall grant the disclosure if the State's Attorney shows it is
5relevant in order to prosecute a charge of criminal
6transmission of HIV under Section 12-5.01 or 12-16.2 of the
7Criminal Code of 1961 or the Criminal Code of 2012 against the
8defendant. The court shall order that the cost of any such test
9shall be paid by the county and may be taxed as costs against
10the convicted defendant.
11    (g-5) When an inmate is tested for an airborne
12communicable disease, as determined by the Illinois Department
13of Public Health including but not limited to tuberculosis,
14the results of the test shall be personally delivered by the
15warden or his or her designee in a sealed envelope to the judge
16of the court in which the inmate must appear for the judge's
17inspection in camera if requested by the judge. Acting in
18accordance with the best interests of those in the courtroom,
19the judge shall have the discretion to determine what if any
20precautions need to be taken to prevent transmission of the
21disease in the courtroom.
22    (h) Whenever a defendant is convicted of an offense under
23Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
24defendant shall undergo medical testing to determine whether
25the defendant has been exposed to human immunodeficiency virus
26(HIV) or any other identified causative agent of acquired

 

 

HB4109- 52 -LRB102 18991 KMF 27719 b

1immunodeficiency syndrome (AIDS). Except as otherwise provided
2by law, the results of such test shall be kept strictly
3confidential by all medical personnel involved in the testing
4and must be personally delivered in a sealed envelope to the
5judge of the court in which the conviction was entered for the
6judge's inspection in camera. Acting in accordance with the
7best interests of the public, the judge shall have the
8discretion to determine to whom, if anyone, the results of the
9testing may be revealed. The court shall notify the defendant
10of a positive test showing an infection with the human
11immunodeficiency virus (HIV). The court shall provide
12information on the availability of HIV testing and counseling
13at Department of Public Health facilities to all parties to
14whom the results of the testing are revealed and shall direct
15the State's Attorney to provide the information to the victim
16when possible. A State's Attorney may petition the court to
17obtain the results of any HIV test administered under this
18Section, and the court shall grant the disclosure if the
19State's Attorney shows it is relevant in order to prosecute a
20charge of criminal transmission of HIV under Section 12-5.01
21or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of
222012 against the defendant. The court shall order that the
23cost of any such test shall be paid by the county and may be
24taxed as costs against the convicted defendant.
25    (i) All fines and penalties imposed under this Section for
26any violation of Chapters 3, 4, 6, and 11 of the Illinois

 

 

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1Vehicle Code, or a similar provision of a local ordinance, and
2any violation of the Child Passenger Protection Act, or a
3similar provision of a local ordinance, shall be collected and
4disbursed by the circuit clerk as provided under the Criminal
5and Traffic Assessment Act.
6    (j) In cases when prosecution for any violation of Section
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
811-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
911-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1011-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1112-15, or 12-16 of the Criminal Code of 1961 or the Criminal
12Code of 2012, any violation of the Illinois Controlled
13Substances Act, any violation of the Cannabis Control Act, or
14any violation of the Methamphetamine Control and Community
15Protection Act results in conviction, a disposition of court
16supervision, or an order of probation granted under Section 10
17of the Cannabis Control Act, Section 410 of the Illinois
18Controlled Substances Act, or Section 70 of the
19Methamphetamine Control and Community Protection Act of a
20defendant, the court shall determine whether the defendant is
21employed by a facility or center as defined under the Child
22Care Act of 1969, a public or private elementary or secondary
23school, or otherwise works with children under 18 years of age
24on a daily basis. When a defendant is so employed, the court
25shall order the Clerk of the Court to send a copy of the
26judgment of conviction or order of supervision or probation to

 

 

HB4109- 54 -LRB102 18991 KMF 27719 b

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

 

 

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

 

 

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

 

 

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

 

 

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1of license renewal established by the Secretary of State.
2(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
3100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
 
4    (730 ILCS 5/5-5-3.2)
5    (Text of Section before amendment by P.A. 101-652)
6    Sec. 5-5-3.2. Factors in aggravation and extended-term
7sentencing.
8    (a) The following factors shall be accorded weight in
9favor of imposing a term of imprisonment or may be considered
10by the court as reasons to impose a more severe sentence under
11Section 5-8-1 or Article 4.5 of Chapter V:
12        (1) the defendant's conduct caused or threatened
13    serious harm;
14        (2) the defendant received compensation for committing
15    the offense;
16        (3) the defendant has a history of prior delinquency
17    or criminal activity;
18        (4) the defendant, by the duties of his office or by
19    his position, was obliged to prevent the particular
20    offense committed or to bring the offenders committing it
21    to justice;
22        (5) the defendant held public office at the time of
23    the offense, and the offense related to the conduct of
24    that office;
25        (6) the defendant utilized his professional reputation

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    in Section 26.5-0.1 of the Criminal Code of 2012.
2    (d) For the purposes of this Section, "organized gang" has
3the meaning ascribed to it in Section 10 of the Illinois
4Streetgang Terrorism Omnibus Prevention Act.
5    (e) (Blank). The court may impose an extended term
6sentence under Article 4.5 of Chapter V upon an offender who
7has been convicted of a felony violation of Section 11-1.20,
811-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
912-15, or 12-16 of the Criminal Code of 1961 or the Criminal
10Code of 2012 when the victim of the offense is under 18 years
11of age at the time of the commission of the offense and, during
12the commission of the offense, the victim was under the
13influence of alcohol, regardless of whether or not the alcohol
14was supplied by the offender; and the offender, at the time of
15the commission of the offense, knew or should have known that
16the victim had consumed alcohol.
17(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
18101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
 
19    (Text of Section after amendment by P.A. 101-652)
20    Sec. 5-5-3.2. Factors in aggravation and extended-term
21sentencing.
22    (a) The following factors shall be accorded weight in
23favor of imposing a term of imprisonment or may be considered
24by the court as reasons to impose a more severe sentence under
25Section 5-8-1 or Article 4.5 of Chapter V:

 

 

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1        (1) the defendant's conduct caused or threatened
2    serious harm;
3        (2) the defendant received compensation for committing
4    the offense;
5        (3) the defendant has a history of prior delinquency
6    or criminal activity;
7        (4) the defendant, by the duties of his office or by
8    his position, was obliged to prevent the particular
9    offense committed or to bring the offenders committing it
10    to justice;
11        (5) the defendant held public office at the time of
12    the offense, and the offense related to the conduct of
13    that office;
14        (6) the defendant utilized his professional reputation
15    or position in the community to commit the offense, or to
16    afford him an easier means of committing it;
17        (7) the sentence is necessary to deter others from
18    committing the same crime;
19        (8) the defendant committed the offense against a
20    person 60 years of age or older or such person's property;
21        (9) the defendant committed the offense against a
22    person who has a physical disability or such person's
23    property;
24        (10) by reason of another individual's actual or
25    perceived race, color, creed, religion, ancestry, gender,
26    sexual orientation, physical or mental disability, or

 

 

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1    national origin, the defendant committed the offense
2    against (i) the person or property of that individual;
3    (ii) the person or property of a person who has an
4    association with, is married to, or has a friendship with
5    the other individual; or (iii) the person or property of a
6    relative (by blood or marriage) of a person described in
7    clause (i) or (ii). For the purposes of this Section,
8    "sexual orientation" has the meaning ascribed to it in
9    paragraph (O-1) of Section 1-103 of the Illinois Human
10    Rights Act;
11        (11) the offense took place in a place of worship or on
12    the grounds of a place of worship, immediately prior to,
13    during or immediately following worship services. For
14    purposes of this subparagraph, "place of worship" shall
15    mean any church, synagogue or other building, structure or
16    place used primarily for religious worship;
17        (12) the defendant was convicted of a felony committed
18    while he was on pretrial release or his own recognizance
19    pending trial for a prior felony and was convicted of such
20    prior felony, or the defendant was convicted of a felony
21    committed while he was serving a period of probation,
22    conditional discharge, or mandatory supervised release
23    under subsection (d) of Section 5-8-1 for a prior felony;
24        (13) the defendant committed or attempted to commit a
25    felony while he was wearing a bulletproof vest. For the
26    purposes of this paragraph (13), a bulletproof vest is any

 

 

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1    device which is designed for the purpose of protecting the
2    wearer from bullets, shot or other lethal projectiles;
3        (14) the defendant held a position of trust or
4    supervision such as, but not limited to, family member as
5    defined in Section 11-0.1 of the Criminal Code of 2012,
6    teacher, scout leader, baby sitter, or day care worker, in
7    relation to a victim under 18 years of age, and the
8    defendant committed an offense in violation of Section
9    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
10    11-14.4 except for an offense that involves keeping a
11    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
12    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
13    or 12-16 of the Criminal Code of 1961 or the Criminal Code
14    of 2012 against that victim;
15        (15) the defendant committed an offense related to the
16    activities of an organized gang. For the purposes of this
17    factor, "organized gang" has the meaning ascribed to it in
18    Section 10 of the Streetgang Terrorism Omnibus Prevention
19    Act;
20        (16) the defendant committed an offense in violation
21    of one of the following Sections while in a school,
22    regardless of the time of day or time of year; on any
23    conveyance owned, leased, or contracted by a school to
24    transport students to or from school or a school related
25    activity; on the real property of a school; or on a public
26    way within 1,000 feet of the real property comprising any

 

 

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1    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
2    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
3    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
4    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
5    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
6    for subdivision (a)(4) or (g)(1), of the Criminal Code of
7    1961 or the Criminal Code of 2012;
8        (16.5) the defendant committed an offense in violation
9    of one of the following Sections while in a day care
10    center, regardless of the time of day or time of year; on
11    the real property of a day care center, regardless of the
12    time of day or time of year; or on a public way within
13    1,000 feet of the real property comprising any day care
14    center, regardless of the time of day or time of year:
15    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
16    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
17    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
18    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
19    18-2, or 33A-2, or Section 12-3.05 except for subdivision
20    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
21    Criminal Code of 2012;
22        (17) the defendant committed the offense by reason of
23    any person's activity as a community policing volunteer or
24    to prevent any person from engaging in activity as a
25    community policing volunteer. For the purpose of this
26    Section, "community policing volunteer" has the meaning

 

 

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1    ascribed to it in Section 2-3.5 of the Criminal Code of
2    2012;
3        (18) the defendant committed the offense in a nursing
4    home or on the real property comprising a nursing home.
5    For the purposes of this paragraph (18), "nursing home"
6    means a skilled nursing or intermediate long term care
7    facility that is subject to license by the Illinois
8    Department of Public Health under the Nursing Home Care
9    Act, the Specialized Mental Health Rehabilitation Act of
10    2013, the ID/DD Community Care Act, or the MC/DD Act;
11        (19) the defendant was a federally licensed firearm
12    dealer and was previously convicted of a violation of
13    subsection (a) of Section 3 of the Firearm Owners
14    Identification Card Act and has now committed either a
15    felony violation of the Firearm Owners Identification Card
16    Act or an act of armed violence while armed with a firearm;
17        (20) the defendant (i) committed the offense of
18    reckless homicide under Section 9-3 of the Criminal Code
19    of 1961 or the Criminal Code of 2012 or the offense of
20    driving under the influence of alcohol, other drug or
21    drugs, intoxicating compound or compounds or any
22    combination thereof under Section 11-501 of the Illinois
23    Vehicle Code or a similar provision of a local ordinance
24    and (ii) was operating a motor vehicle in excess of 20
25    miles per hour over the posted speed limit as provided in
26    Article VI of Chapter 11 of the Illinois Vehicle Code;

 

 

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1        (21) the defendant (i) committed the offense of
2    reckless driving or aggravated reckless driving under
3    Section 11-503 of the Illinois Vehicle Code and (ii) was
4    operating a motor vehicle in excess of 20 miles per hour
5    over the posted speed limit as provided in Article VI of
6    Chapter 11 of the Illinois Vehicle Code;
7        (22) the defendant committed the offense against a
8    person that the defendant knew, or reasonably should have
9    known, was a member of the Armed Forces of the United
10    States serving on active duty. For purposes of this clause
11    (22), the term "Armed Forces" means any of the Armed
12    Forces of the United States, including a member of any
13    reserve component thereof or National Guard unit called to
14    active duty;
15        (23) the defendant committed the offense against a
16    person who was elderly or infirm or who was a person with a
17    disability by taking advantage of a family or fiduciary
18    relationship with the elderly or infirm person or person
19    with a disability;
20        (24) the defendant committed any offense under Section
21    11-20.1 of the Criminal Code of 1961 or the Criminal Code
22    of 2012 and possessed 100 or more images;
23        (25) the defendant committed the offense while the
24    defendant or the victim was in a train, bus, or other
25    vehicle used for public transportation;
26        (26) the defendant committed the offense of child

 

 

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1    pornography or aggravated child pornography, specifically
2    including paragraph (1), (2), (3), (4), (5), or (7) of
3    subsection (a) of Section 11-20.1 of the Criminal Code of
4    1961 or the Criminal Code of 2012 where a child engaged in,
5    solicited for, depicted in, or posed in any act of sexual
6    penetration or bound, fettered, or subject to sadistic,
7    masochistic, or sadomasochistic abuse in a sexual context
8    and specifically including paragraph (1), (2), (3), (4),
9    (5), or (7) of subsection (a) of Section 11-20.1B or
10    Section 11-20.3 of the Criminal Code of 1961 where a child
11    engaged in, solicited for, depicted in, or posed in any
12    act of sexual penetration or bound, fettered, or subject
13    to sadistic, masochistic, or sadomasochistic abuse in a
14    sexual context;
15        (27) the defendant committed the offense of first
16    degree murder, assault, aggravated assault, battery,
17    aggravated battery, robbery, armed robbery, or aggravated
18    robbery against a person who was a veteran and the
19    defendant knew, or reasonably should have known, that the
20    person was a veteran performing duties as a representative
21    of a veterans' organization. For the purposes of this
22    paragraph (27), "veteran" means an Illinois resident who
23    has served as a member of the United States Armed Forces, a
24    member of the Illinois National Guard, or a member of the
25    United States Reserve Forces; and "veterans' organization"
26    means an organization comprised of members of which

 

 

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1    substantially all are individuals who are veterans or
2    spouses, widows, or widowers of veterans, the primary
3    purpose of which is to promote the welfare of its members
4    and to provide assistance to the general public in such a
5    way as to confer a public benefit;
6        (28) the defendant committed the offense of assault,
7    aggravated assault, battery, aggravated battery, robbery,
8    armed robbery, or aggravated robbery against a person that
9    the defendant knew or reasonably should have known was a
10    letter carrier or postal worker while that person was
11    performing his or her duties delivering mail for the
12    United States Postal Service;
13        (29) the defendant committed the offense of criminal
14    sexual assault, aggravated criminal sexual assault,
15    criminal sexual abuse, or aggravated criminal sexual abuse
16    against a victim with an intellectual disability, and the
17    defendant holds a position of trust, authority, or
18    supervision in relation to the victim;
19        (30) the defendant committed the offense of promoting
20    juvenile prostitution, patronizing a prostitute, or
21    patronizing a minor engaged in prostitution and at the
22    time of the commission of the offense knew that the
23    prostitute or minor engaged in prostitution was in the
24    custody or guardianship of the Department of Children and
25    Family Services;
26        (31) the defendant (i) committed the offense of

 

 

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1    driving while under the influence of alcohol, other drug
2    or drugs, intoxicating compound or compounds or any
3    combination thereof in violation of Section 11-501 of the
4    Illinois Vehicle Code or a similar provision of a local
5    ordinance and (ii) the defendant during the commission of
6    the offense was driving his or her vehicle upon a roadway
7    designated for one-way traffic in the opposite direction
8    of the direction indicated by official traffic control
9    devices;
10        (32) the defendant committed the offense of reckless
11    homicide while committing a violation of Section 11-907 of
12    the Illinois Vehicle Code;
13        (33) the defendant was found guilty of an
14    administrative infraction related to an act or acts of
15    public indecency or sexual misconduct in the penal
16    institution. In this paragraph (33), "penal institution"
17    has the same meaning as in Section 2-14 of the Criminal
18    Code of 2012; or
19        (34) the defendant committed the offense of leaving
20    the scene of an accident in violation of subsection (b) of
21    Section 11-401 of the Illinois Vehicle Code and the
22    accident resulted in the death of a person and at the time
23    of the offense, the defendant was: (i) driving under the
24    influence of alcohol, other drug or drugs, intoxicating
25    compound or compounds or any combination thereof as
26    defined by Section 11-501 of the Illinois Vehicle Code; or

 

 

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1    (ii) operating the motor vehicle while using an electronic
2    communication device as defined in Section 12-610.2 of the
3    Illinois Vehicle Code.
4    For the purposes of this Section:
5    "School" is defined as a public or private elementary or
6secondary school, community college, college, or university.
7    "Day care center" means a public or private State
8certified and licensed day care center as defined in Section
92.09 of the Child Care Act of 1969 that displays a sign in
10plain view stating that the property is a day care center.
11    "Intellectual disability" means significantly subaverage
12intellectual functioning which exists concurrently with
13impairment in adaptive behavior.
14    "Public transportation" means the transportation or
15conveyance of persons by means available to the general
16public, and includes paratransit services.
17    "Traffic control devices" means all signs, signals,
18markings, and devices that conform to the Illinois Manual on
19Uniform Traffic Control Devices, placed or erected by
20authority of a public body or official having jurisdiction,
21for the purpose of regulating, warning, or guiding traffic.
22    (b) (Blank). The following factors, related to all
23felonies, may be considered by the court as reasons to impose
24an extended term sentence under Section 5-8-2 upon any
25offender:
26        (1) When a defendant is convicted of any felony, after

 

 

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1    having been previously convicted in Illinois or any other
2    jurisdiction of the same or similar class felony or
3    greater class felony, when such conviction has occurred
4    within 10 years after the previous conviction, excluding
5    time spent in custody, and such charges are separately
6    brought and tried and arise out of different series of
7    acts; or
8        (2) When a defendant is convicted of any felony and
9    the court finds that the offense was accompanied by
10    exceptionally brutal or heinous behavior indicative of
11    wanton cruelty; or
12        (3) When a defendant is convicted of any felony
13    committed against:
14            (i) a person under 12 years of age at the time of
15        the offense or such person's property;
16            (ii) a person 60 years of age or older at the time
17        of the offense or such person's property; or
18            (iii) a person who had a physical disability at
19        the time of the offense or such person's property; or
20        (4) When a defendant is convicted of any felony and
21    the offense involved any of the following types of
22    specific misconduct committed as part of a ceremony, rite,
23    initiation, observance, performance, practice or activity
24    of any actual or ostensible religious, fraternal, or
25    social group:
26            (i) the brutalizing or torturing of humans or

 

 

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1        animals;
2            (ii) the theft of human corpses;
3            (iii) the kidnapping of humans;
4            (iv) the desecration of any cemetery, religious,
5        fraternal, business, governmental, educational, or
6        other building or property; or
7            (v) ritualized abuse of a child; or
8        (5) When a defendant is convicted of a felony other
9    than conspiracy and the court finds that the felony was
10    committed under an agreement with 2 or more other persons
11    to commit that offense and the defendant, with respect to
12    the other individuals, occupied a position of organizer,
13    supervisor, financier, or any other position of management
14    or leadership, and the court further finds that the felony
15    committed was related to or in furtherance of the criminal
16    activities of an organized gang or was motivated by the
17    defendant's leadership in an organized gang; or
18        (6) When a defendant is convicted of an offense
19    committed while using a firearm with a laser sight
20    attached to it. For purposes of this paragraph, "laser
21    sight" has the meaning ascribed to it in Section 26-7 of
22    the Criminal Code of 2012; or
23        (7) When a defendant who was at least 17 years of age
24    at the time of the commission of the offense is convicted
25    of a felony and has been previously adjudicated a
26    delinquent minor under the Juvenile Court Act of 1987 for

 

 

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1    an act that if committed by an adult would be a Class X or
2    Class 1 felony when the conviction has occurred within 10
3    years after the previous adjudication, excluding time
4    spent in custody; or
5        (8) When a defendant commits any felony and the
6    defendant used, possessed, exercised control over, or
7    otherwise directed an animal to assault a law enforcement
8    officer engaged in the execution of his or her official
9    duties or in furtherance of the criminal activities of an
10    organized gang in which the defendant is engaged; or
11        (9) When a defendant commits any felony and the
12    defendant knowingly video or audio records the offense
13    with the intent to disseminate the recording.
14    (c) (Blank). The following factors may be considered by
15the court as reasons to impose an extended term sentence under
16Section 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the
17listed offenses:
18        (1) When a defendant is convicted of first degree
19    murder, after having been previously convicted in Illinois
20    of any offense listed under paragraph (c)(2) of Section
21    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
22    occurred within 10 years after the previous conviction,
23    excluding time spent in custody, and the charges are
24    separately brought and tried and arise out of different
25    series of acts.
26        (1.5) When a defendant is convicted of first degree

 

 

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1    murder, after having been previously convicted of domestic
2    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
3    (720 ILCS 5/12-3.3) committed on the same victim or after
4    having been previously convicted of violation of an order
5    of protection (720 ILCS 5/12-30) in which the same victim
6    was the protected person.
7        (2) When a defendant is convicted of voluntary
8    manslaughter, second degree murder, involuntary
9    manslaughter, or reckless homicide in which the defendant
10    has been convicted of causing the death of more than one
11    individual.
12        (3) When a defendant is convicted of aggravated
13    criminal sexual assault or criminal sexual assault, when
14    there is a finding that aggravated criminal sexual assault
15    or criminal sexual assault was also committed on the same
16    victim by one or more other individuals, and the defendant
17    voluntarily participated in the crime with the knowledge
18    of the participation of the others in the crime, and the
19    commission of the crime was part of a single course of
20    conduct during which there was no substantial change in
21    the nature of the criminal objective.
22        (4) If the victim was under 18 years of age at the time
23    of the commission of the offense, when a defendant is
24    convicted of aggravated criminal sexual assault or
25    predatory criminal sexual assault of a child under
26    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

 

 

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1    of Section 12-14.1 of the Criminal Code of 1961 or the
2    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
3        (5) When a defendant is convicted of a felony
4    violation of Section 24-1 of the Criminal Code of 1961 or
5    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
6    finding that the defendant is a member of an organized
7    gang.
8        (6) When a defendant was convicted of unlawful use of
9    weapons under Section 24-1 of the Criminal Code of 1961 or
10    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
11    a weapon that is not readily distinguishable as one of the
12    weapons enumerated in Section 24-1 of the Criminal Code of
13    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
14        (7) When a defendant is convicted of an offense
15    involving the illegal manufacture of a controlled
16    substance under Section 401 of the Illinois Controlled
17    Substances Act (720 ILCS 570/401), the illegal manufacture
18    of methamphetamine under Section 25 of the Methamphetamine
19    Control and Community Protection Act (720 ILCS 646/25), or
20    the illegal possession of explosives and an emergency
21    response officer in the performance of his or her duties
22    is killed or injured at the scene of the offense while
23    responding to the emergency caused by the commission of
24    the offense. In this paragraph, "emergency" means a
25    situation in which a person's life, health, or safety is
26    in jeopardy; and "emergency response officer" means a

 

 

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1    peace officer, community policing volunteer, fireman,
2    emergency medical technician-ambulance, emergency medical
3    technician-intermediate, emergency medical
4    technician-paramedic, ambulance driver, other medical
5    assistance or first aid personnel, or hospital emergency
6    room personnel.
7        (8) When the defendant is convicted of attempted mob
8    action, solicitation to commit mob action, or conspiracy
9    to commit mob action under Section 8-1, 8-2, or 8-4 of the
10    Criminal Code of 2012, where the criminal object is a
11    violation of Section 25-1 of the Criminal Code of 2012,
12    and an electronic communication is used in the commission
13    of the offense. For the purposes of this paragraph (8),
14    "electronic communication" shall have the meaning provided
15    in Section 26.5-0.1 of the Criminal Code of 2012.
16    (d) For the purposes of this Section, "organized gang" has
17the meaning ascribed to it in Section 10 of the Illinois
18Streetgang Terrorism Omnibus Prevention Act.
19    (e) (Blank). The court may impose an extended term
20sentence under Article 4.5 of Chapter V upon an offender who
21has been convicted of a felony violation of Section 11-1.20,
2211-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
2312-15, or 12-16 of the Criminal Code of 1961 or the Criminal
24Code of 2012 when the victim of the offense is under 18 years
25of age at the time of the commission of the offense and, during
26the commission of the offense, the victim was under the

 

 

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1influence of alcohol, regardless of whether or not the alcohol
2was supplied by the offender; and the offender, at the time of
3the commission of the offense, knew or should have known that
4the victim had consumed alcohol.
5(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
6101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff.
71-1-23.)
 
8    (730 ILCS 5/5-5-4)  (from Ch. 38, par. 1005-5-4)
9    Sec. 5-5-4. Resentences.
10    (a) Where a conviction or sentence has been set aside on
11direct review or on collateral attack, the court shall not
12impose a new sentence for the same offense or for a different
13offense based on the same conduct which is more severe than the
14prior sentence less the portion of the prior sentence
15previously satisfied unless the more severe sentence is based
16upon conduct on the part of the defendant occurring after the
17original sentencing. 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
20a fact (other than a prior conviction) necessary to increase
21the punishment 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.

 

 

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1    (b) If a conviction or sentence has been set aside on
2direct review or on collateral attack and the court determines
3by clear and convincing evidence that the defendant was
4factually innocent of the charge, the court shall enter an
5order expunging the record of arrest from the official records
6of the arresting authority and order that the records of the
7clerk of the circuit court and Department of State Police be
8sealed until further order of the court upon good cause shown
9or as otherwise provided herein, and the name of the defendant
10obliterated from the official index requested to be kept by
11the circuit court clerk under Section 16 of the Clerks of
12Courts Act in connection with the arrest and conviction for
13the offense but the order shall not affect any index issued by
14the circuit court clerk before the entry of the order. The
15court shall enter the expungement order regardless of whether
16the defendant has prior criminal convictions.
17    All records sealed by the Department of State Police may
18be disseminated by the Department only as required by law or to
19the arresting authority, the State's Attorney, the court upon
20a later arrest for the same or similar offense, or for the
21purpose of sentencing for any subsequent felony. Upon
22conviction for any subsequent offense, the Department of
23Corrections shall have access to all sealed records of the
24Department pertaining to that individual.
25    Upon entry of the order of expungement, the clerk of the
26circuit court shall promptly mail a copy of the order to the

 

 

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1person whose records were expunged and sealed.
2    (c) If a conviction has been vacated as a result of a claim
3of actual innocence based on newly discovered evidence made
4under Section 122-1 of the Code of Criminal Procedure of 1963
5or Section 2-1401 of the Code of Civil Procedure, and the
6provisions of paragraphs (1) and (2) of subsection (g) of
7Section 2-702 of the Code of Civil Procedure are otherwise
8satisfied, the court shall enter an order for a certificate of
9innocence and an order expunging the conviction for which the
10petitioner has been determined to be innocent as provided in
11subsection (h) of Section 2-702 of the Code of Civil
12Procedure.
13(Source: P.A. 98-133, eff. 1-1-14.)
 
14    (730 ILCS 5/5-8-2)  (from Ch. 38, par. 1005-8-2)
15    Sec. 5-8-2. Maximum sentence. Extended Term.
16    (a) A judge shall not sentence an offender to a term of
17imprisonment in excess of the maximum sentence authorized by
18Article 4.5 of Chapter V for an offense or offenses within the
19class of the most serious offense of which the offender was
20convicted unless the factors in aggravation set forth in
21Section 5-5-3.2 or clause (a)(1)(b) of Section 5-8-1 were
22found to be present. If the pre-trial and trial proceedings
23were conducted in compliance with subsection (c-5) of Section
24111-3 of the Code of Criminal Procedure of 1963, the judge may
25sentence an offender to an extended term as provided in

 

 

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1Article 4.5 of Chapter V (730 ILCS 5/Ch. V, Art. 4.5).
2    (b) (Blank). If the conviction was by plea, it shall
3appear on the record that the plea was entered with the
4defendant's knowledge that a sentence under this Section was a
5possibility. If it does not so appear on the record, the
6defendant shall not be subject to such a sentence unless he is
7first given an opportunity to withdraw his plea without
8prejudice.
9(Source: P.A. 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.