103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2065

 

Introduced 2/9/2023, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/18-4
720 ILCS 5/24-1.1  from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.2  from Ch. 38, par. 24-1.2
720 ILCS 5/24-1.7
720 ILCS 5/24-3.7
730 ILCS 5/5-4.5-110
730 ILCS 5/5-5-3
730 ILCS 5/5-8-4  from Ch. 38, par. 1005-8-4

    Amends the Criminal Code of 2012. Provides for enhanced sentencing for: (1) aggravated vehicular hijacking; (2) unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities; (3) aggravated discharge of a firearm; (4) being an armed habitual criminal; and (5) use of a stolen or illegally acquired firearm in the commission of an offense. Adds additional protected classes of persons for which the offense of aggravated discharge of a firearm applies. Amends the Unified Code of Corrections to make conforming changes.


LRB103 25262 RLC 51606 b

 

 

A BILL FOR

 

SB2065LRB103 25262 RLC 51606 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 Criminal Code of 2012 is amended by
5changing Sections 18-4, 24-1.1, 24-1.2, 24-1.7, and 24-3.7 as
6follows:
 
7    (720 ILCS 5/18-4)
8    Sec. 18-4. Aggravated vehicular hijacking.
9    (a) A person commits aggravated vehicular hijacking when
10he or she violates Section 18-3; and
11        (1) the person from whose immediate presence the motor
12    vehicle is taken is a person with a physical disability or
13    a person 60 years of age or over; or
14        (2) a person under 16 years of age is a passenger in
15    the motor vehicle at the time of the offense; or
16        (3) he or she carries on or about his or her person, or
17    is otherwise armed with a dangerous weapon, other than a
18    firearm; or
19        (4) he or she carries on or about his or her person or
20    is otherwise armed with a firearm; or
21        (5) he or she, during the commission of the offense,
22    personally discharges a firearm; or
23        (6) he or she, during the commission of the offense,

 

 

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1    personally discharges a firearm that proximately causes
2    great bodily harm, permanent disability, permanent
3    disfigurement, or death to another person.
4    (b) Sentence. Aggravated vehicular hijacking is a Class X
5felony for a first offense for which a term of imprisonment of
6not less than 10 years and not more than 60 years shall be
7imposed. A second or subsequent offense is a Class X felony for
8which a term of natural life imprisonment shall be imposed in
9violation of subsections (a)(1) or (a)(2) is a Class X felony.
10A violation of subsection (a)(3) is a Class X felony for which
11a term of imprisonment of not less than 7 years shall be
12imposed. A violation of subsection (a)(4) is a Class X felony
13for which 15 years shall be added to the term of imprisonment
14imposed by the court. A violation of subsection (a)(5) is a
15Class X felony for which 20 years shall be added to the term of
16imprisonment imposed by the court. A violation of subsection
17(a)(6) is a Class X felony for which 25 years or up to a term
18of natural life shall be added to the term of imprisonment
19imposed by the court.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
22    Sec. 24-1.1. Unlawful use or possession of weapons by
23felons or persons in the custody of the Department of
24Corrections facilities.
25    (a) It is unlawful for a person to knowingly possess on or

 

 

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1about his person or on his land or in his own abode or fixed
2place of business any weapon prohibited under Section 24-1 of
3this Act or any firearm or any firearm ammunition if the person
4has been convicted of a felony under the laws of this State or
5any other jurisdiction. This Section shall not apply if the
6person has been granted relief by the Director of the Illinois
7State Police under Section 10 of the Firearm Owners
8Identification Card Act.
9    (b) It is unlawful for any person confined in a penal
10institution, which is a facility of the Illinois Department of
11Corrections, to possess any weapon prohibited under Section
1224-1 of this Code or any firearm or firearm ammunition,
13regardless of the intent with which he possesses it.
14    (c) It shall be an affirmative defense to a violation of
15subsection (b), that such possession was specifically
16authorized by rule, regulation, or directive of the Illinois
17Department of Corrections or order issued pursuant thereto.
18    (d) The defense of necessity is not available to a person
19who is charged with a violation of subsection (b) of this
20Section.
21    (e) Sentence. Violation of this Section is a Class X
22felony for a first offense for which a term of imprisonment of
23not less than 10 years shall be imposed. A second or subsequent
24offense is a Class X felony for which a term of natural life
25imprisonment shall be imposed by a person not confined in a
26penal institution shall be a Class 3 felony for which the

 

 

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1person shall be sentenced to no less than 2 years and no more
2than 10 years. A second or subsequent violation of this
3Section shall be a Class 2 felony for which the person shall be
4sentenced to a term of imprisonment of not less than 3 years
5and not more than 14 years, except as provided for in Section
65-4.5-110 of the Unified Code of Corrections. Violation of
7this Section by a person not confined in a penal institution
8who has been convicted of a forcible felony, a felony
9violation of Article 24 of this Code or of the Firearm Owners
10Identification Card Act, stalking or aggravated stalking, or a
11Class 2 or greater felony under the Illinois Controlled
12Substances Act, the Cannabis Control Act, or the
13Methamphetamine Control and Community Protection Act is a
14Class 2 felony for which the person shall be sentenced to not
15less than 3 years and not more than 14 years, except as
16provided for in Section 5-4.5-110 of the Unified Code of
17Corrections. Violation of this Section by a person who is on
18parole or mandatory supervised release is a Class 2 felony for
19which the person shall be sentenced to not less than 3 years
20and not more than 14 years, except as provided for in Section
215-4.5-110 of the Unified Code of Corrections. Violation of
22this Section by a person not confined in a penal institution is
23a Class X felony when the firearm possessed is a machine gun.
24Any person who violates this Section while confined in a penal
25institution, which is a facility of the Illinois Department of
26Corrections, is guilty of a Class 1 felony, if he possesses any

 

 

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1weapon prohibited under Section 24-1 of this Code regardless
2of the intent with which he possesses it, a Class X felony if
3he possesses any firearm, firearm ammunition or explosive, and
4a Class X felony for which the offender shall be sentenced to
5not less than 12 years and not more than 50 years when the
6firearm possessed is a machine gun. A violation of this
7Section while wearing or in possession of body armor as
8defined in Section 33F-1 is a Class X felony punishable by a
9term of imprisonment of not less than 10 years and not more
10than 40 years. The possession of each firearm or firearm
11ammunition in violation of this Section constitutes a single
12and separate violation.
13(Source: P.A. 102-538, eff. 8-20-21.)
 
14    (720 ILCS 5/24-1.2)  (from Ch. 38, par. 24-1.2)
15    Sec. 24-1.2. Aggravated discharge of a firearm.
16    (a) A person commits aggravated discharge of a firearm
17when he or she knowingly or intentionally:
18        (1) Discharges a firearm at or into a building he or
19    she knows or reasonably should know to be occupied and the
20    firearm is discharged from a place or position outside
21    that building;
22        (2) Discharges a firearm in the direction of another
23    person or in the direction of a vehicle he or she knows or
24    reasonably should know to be occupied by a person;
25        (3) Discharges a firearm in the direction of a person

 

 

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1    he or she knows to be a peace officer, a community policing
2    volunteer, a correctional institution employee, or a
3    fireman while the officer, volunteer, employee or fireman
4    is engaged in the execution of any of his or her official
5    duties, or to prevent the officer, volunteer, employee or
6    fireman from performing his or her official duties, or in
7    retaliation for the officer, volunteer, employee or
8    fireman performing his or her official duties;
9        (4) Discharges a firearm in the direction of a vehicle
10    he or she knows to be occupied by a peace officer, a person
11    summoned or directed by a peace officer, a correctional
12    institution employee or a fireman while the officer,
13    employee or fireman is engaged in the execution of any of
14    his or her official duties, or to prevent the officer,
15    employee or fireman from performing his or her official
16    duties, or in retaliation for the officer, employee or
17    fireman performing his or her official duties;
18        (5) Discharges a firearm in the direction of a person
19    he or she knows to be emergency medical services personnel
20    who is engaged in the execution of any of his or her
21    official duties, or to prevent the emergency medical
22    services personnel from performing his or her official
23    duties, or in retaliation for the emergency medical
24    services personnel performing his or her official duties;
25        (6) Discharges a firearm in the direction of a vehicle
26    he or she knows to be occupied by emergency medical

 

 

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1    services personnel while the emergency medical services
2    personnel is engaged in the execution of any of his or her
3    official duties, or to prevent the emergency medical
4    services personnel from performing his or her official
5    duties, or in retaliation for the emergency medical
6    services personnel performing his or her official duties;
7        (7) Discharges a firearm in the direction of a person
8    he or she knows to be a teacher or other person employed in
9    any school and the teacher or other employee is upon the
10    grounds of a school or grounds adjacent to a school, or is
11    in any part of a building used for school purposes;
12        (8) Discharges a firearm in the direction of a person
13    he or she knows to be an emergency management worker while
14    the emergency management worker is engaged in the
15    execution of any of his or her official duties, or to
16    prevent the emergency management worker from performing
17    his or her official duties, or in retaliation for the
18    emergency management worker performing his or her official
19    duties; or
20        (9) Discharges a firearm in the direction of a vehicle
21    he or she knows to be occupied by an emergency management
22    worker while the emergency management worker is engaged in
23    the execution of any of his or her official duties, or to
24    prevent the emergency management worker from performing
25    his or her official duties, or in retaliation for the
26    emergency management worker performing his or her official

 

 

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1    duties; .
2        (10) discharges a firearm in the direction of a person
3    he or she knows to be a person under 18 years old;
4        (11) discharges a firearm in the direction of a person
5    he or she knows to be a veteran;
6        (12) discharges a firearm in the direction of a person
7    he or she knows to be 60 years of age or older;
8        (13) discharges a firearm in the direction of a person
9    he or she knows to be pregnant or has a physical
10    disability;
11        (14) discharges a firearm in the direction of a person
12    he or she knows to be gathering for worship;
13        (15) discharges a firearm in the direction of a person
14    he or she knows to be boarding or riding public transit;
15        (16) discharges a firearm in the direction of a person
16    he or she knows to be a student at an institution of higher
17    education;
18        (17) discharges a firearm in the direction of a person
19    who is in a public roadway, a park, public housing, a
20    school, a building under the control of the State or a unit
21    of local government, a church, a hospital, a nursing home,
22    any bus, train, or form of transportation paid for in
23    whole or in part with public funds, or any building, real
24    property, or parking area under the control of a public
25    transportation facility paid for in whole or in part with
26    public funds; or

 

 

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1        (18) discharges a firearm during the commission or
2    attempted commission of vehicular hijacking.
3    (b) A violation of subsection (a)(1) or subsection (a)(2)
4of this Section is a Class 1 felony. A violation of subsection
5(a)(1) or (a)(2) of this Section committed in a school, on the
6real property comprising a school, within 1,000 feet of the
7real property comprising a school, at a school related
8activity or on or within 1,000 feet of any conveyance owned,
9leased, or contracted by a school to transport students to or
10from school or a school related activity, regardless of the
11time of day or time of year that the offense was committed is a
12Class X felony. A violation of subsection (a)(3), (a)(4),
13(a)(5), (a)(6), (a)(7), (a)(8), or (a)(9), (a)(10), (a)(11),
14(a)(12), (a)(13), (a)(14), (a)(15), (a)(16), (a)(17), or
15(a)(18) of this Section is a Class X felony for which the
16sentence shall be a term of imprisonment of no less than 10
17years and not more than 45 years.
18    (c) For purposes of this Section:
19    "Emergency medical services personnel" has the meaning
20specified in Section 3.5 of the Emergency Medical Services
21(EMS) Systems Act and shall include all ambulance crew
22members, including drivers or pilots.
23    "School" means a public or private elementary or secondary
24school, community college, college, or university.
25    "School related activity" means any sporting, social,
26academic, or other activity for which students' attendance or

 

 

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1participation is sponsored, organized, or funded in whole or
2in part by a school or school district.
3(Source: P.A. 99-816, eff. 8-15-16.)
 
4    (720 ILCS 5/24-1.7)
5    Sec. 24-1.7. Armed habitual criminal.
6    (a) A person commits the offense of being an armed
7habitual criminal if he or she receives, sells, possesses, or
8transfers any firearm after having been convicted a total of 2
9or more times of any combination of the following offenses:
10        (1) a forcible felony as defined in Section 2-8 of
11    this Code;
12        (2) unlawful use of a weapon by a felon; aggravated
13    unlawful use of a weapon; aggravated discharge of a
14    firearm; vehicular hijacking; aggravated vehicular
15    hijacking; aggravated battery of a child as described in
16    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
17    intimidation; aggravated intimidation; gunrunning; home
18    invasion; or aggravated battery with a firearm as
19    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
20    (e)(3), or (e)(4) of Section 12-3.05; or
21        (3) any violation of the Illinois Controlled
22    Substances Act or the Cannabis Control Act that is
23    punishable as a Class 3 felony or higher.
24    (b) Sentence. Being an armed habitual criminal is a Class
25X felony for a first offense for which a term of imprisonment

 

 

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1of not less than 10 years and not more than 30 years shall be
2imposed. A second or subsequent offense is a Class X felony for
3which a term of natural life imprisonment shall be imposed.
4(Source: P.A. 96-1551, eff. 7-1-11.)
 
5    (720 ILCS 5/24-3.7)
6    Sec. 24-3.7. Use of a stolen or illegally acquired firearm
7in the commission of an offense.
8    (a) A person commits the offense of use of a stolen or
9illegally acquired firearm in the commission of an offense
10when he or she knowingly uses a stolen or illegally acquired
11firearm in the commission of any offense and the person knows
12that the firearm was stolen or illegally acquired.
13    (b) Sentence. Use of a stolen or illegally acquired
14firearm in the commission of an offense is a Class X felony for
15a first offense for which a term of imprisonment of not less
16than 10 years shall be imposed. A second or subsequent offense
17is a Class X felony for which a term of natural life
18imprisonment shall be imposed 2 felony.
19    (c) "Illegally acquired firearm" means a firearm acquired
20in violation of Section 24-3.
21(Source: P.A. 96-190, eff. 1-1-10.)
 
22    Section 10. The Unified Code of Corrections is amended by
23changing Sections 5-4.5-110, 5-5-3, and 5-8-4 as follows:
 

 

 

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1    (730 ILCS 5/5-4.5-110)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
4PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
5    (a) DEFINITIONS. For the purposes of this Section:
6        "Firearm" has the meaning ascribed to it in Section
7    1.1 of the Firearm Owners Identification Card Act.
8        "Qualifying predicate offense" means the following
9    offenses under the Criminal Code of 2012:
10            (A) aggravated unlawful use of a weapon under
11        Section 24-1.6 or similar offense under the Criminal
12        Code of 1961, when the weapon is a firearm;
13            (B) unlawful use or possession of a weapon by a
14        felon under Section 24-1.1 or similar offense under
15        the Criminal Code of 1961, when the weapon is a
16        firearm;
17            (C) first degree murder under Section 9-1 or
18        similar offense under the Criminal Code of 1961;
19            (D) attempted first degree murder with a firearm
20        or similar offense under the Criminal Code of 1961;
21            (E) aggravated kidnapping with a firearm under
22        paragraph (6) or (7) of subsection (a) of Section 10-2
23        or similar offense under the Criminal Code of 1961;
24            (F) aggravated battery with a firearm under
25        subsection (e) of Section 12-3.05 or similar offense
26        under the Criminal Code of 1961;

 

 

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1            (G) aggravated criminal sexual assault under
2        Section 11-1.30 or similar offense under the Criminal
3        Code of 1961;
4            (H) predatory criminal sexual assault of a child
5        under Section 11-1.40 or similar offense under the
6        Criminal Code of 1961;
7            (I) armed robbery under Section 18-2 or similar
8        offense under the Criminal Code of 1961;
9            (J) vehicular hijacking under Section 18-3 or
10        similar offense under the Criminal Code of 1961;
11            (K) aggravated vehicular hijacking under Section
12        18-4 or similar offense under the Criminal Code of
13        1961;
14            (L) home invasion with a firearm under paragraph
15        (3), (4), or (5) of subsection (a) of Section 19-6 or
16        similar offense under the Criminal Code of 1961;
17            (M) aggravated discharge of a firearm under
18        Section 24-1.2 or similar offense under the Criminal
19        Code of 1961;
20            (N) aggravated discharge of a machine gun or a
21        firearm equipped with a device designed or used for
22        silencing the report of a firearm under Section
23        24-1.2-5 or similar offense under the Criminal Code of
24        1961;
25            (0) unlawful use of firearm projectiles under
26        Section 24-2.1 or similar offense under the Criminal

 

 

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1        Code of 1961;
2            (P) manufacture, sale, or transfer of bullets or
3        shells represented to be armor piercing bullets,
4        dragon's breath shotgun shells, bolo shells, or
5        flechette shells under Section 24-2.2 or similar
6        offense under the Criminal Code of 1961;
7            (Q) unlawful sale or delivery of firearms under
8        Section 24-3 or similar offense under the Criminal
9        Code of 1961;
10            (R) unlawful discharge of firearm projectiles
11        under Section 24-3.2 or similar offense under the
12        Criminal Code of 1961;
13            (S) unlawful sale or delivery of firearms on
14        school premises of any school under Section 24-3.3 or
15        similar offense under the Criminal Code of 1961;
16            (T) unlawful purchase of a firearm under Section
17        24-3.5 or similar offense under the Criminal Code of
18        1961;
19            (U) use of a stolen or illegally acquired firearm
20        in the commission of an offense under Section 24-3.7
21        or similar offense under the Criminal Code of 1961;
22            (V) possession of a stolen firearm under Section
23        24-3.8 or similar offense under the Criminal Code of
24        1961;
25            (W) aggravated possession of a stolen firearm
26        under Section 24-3.9 or similar offense under the

 

 

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1        Criminal Code of 1961;
2            (X) gunrunning under Section 24-3A or similar
3        offense under the Criminal Code of 1961;
4            (Y) defacing identification marks of firearms
5        under Section 24-5 or similar offense under the
6        Criminal Code of 1961; and
7            (Z) armed violence under Section 33A-2 or similar
8        offense under the Criminal Code of 1961.
9    (b) APPLICABILITY. For an offense committed on or after
10January 1, 2018 (the effective date of Public Act 100-3) and
11before January 1, 2024, when a person is convicted of unlawful
12use or possession of a weapon by a felon, when the weapon is a
13firearm, or aggravated unlawful use of a weapon, when the
14weapon is a firearm, after being previously convicted of a
15qualifying predicate offense the person shall be subject to
16the sentencing guidelines under this Section.
17    (c) SENTENCING GUIDELINES.
18        (1) When a person is convicted of unlawful use or
19    possession of a weapon by a felon, when the weapon is a
20    firearm, and that person has been previously convicted of
21    a qualifying predicate offense, the person shall be
22    sentenced to a term of imprisonment within the sentencing
23    range of not less than 7 years and not more than 14 years,
24    unless the court finds that a departure from the
25    sentencing guidelines under this paragraph is warranted
26    under subsection (d) of this Section.

 

 

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1        (2) When a person is convicted of aggravated unlawful
2    use of a weapon, when the weapon is a firearm, and that
3    person has been previously convicted of a qualifying
4    predicate offense, the person shall be sentenced to a term
5    of imprisonment within the sentencing range of not less
6    than 6 years and not more than 7 years, unless the court
7    finds that a departure from the sentencing guidelines
8    under this paragraph is warranted under subsection (d) of
9    this Section.
10        (3) The sentencing guidelines in paragraphs (1) and
11    (2) of this subsection (c) apply only to offenses
12    committed on and after January 1, 2018 (the effective date
13    of Public Act 100-3) and before January 1, 2024.
14    (d) DEPARTURE FROM SENTENCING GUIDELINES.
15        (1) At the sentencing hearing conducted under Section
16    5-4-1 of this Code, the court may depart from the
17    sentencing guidelines provided in subsection (c) of this
18    Section and impose a sentence otherwise authorized by law
19    for the offense if the court, after considering any factor
20    under paragraph (2) of this subsection (d) relevant to the
21    nature and circumstances of the crime and to the history
22    and character of the defendant, finds on the record
23    substantial and compelling justification that the sentence
24    within the sentencing guidelines would be unduly harsh and
25    that a sentence otherwise authorized by law would be
26    consistent with public safety and does not deprecate the

 

 

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1    seriousness of the offense.
2        (2) In deciding whether to depart from the sentencing
3    guidelines under this paragraph, the court shall consider:
4            (A) the age, immaturity, or limited mental
5        capacity of the defendant at the time of commission of
6        the qualifying predicate or current offense, including
7        whether the defendant was suffering from a mental or
8        physical condition insufficient to constitute a
9        defense but significantly reduced the defendant's
10        culpability;
11            (B) the nature and circumstances of the qualifying
12        predicate offense;
13            (C) the time elapsed since the qualifying
14        predicate offense;
15            (D) the nature and circumstances of the current
16        offense;
17            (E) the defendant's prior criminal history;
18            (F) whether the defendant committed the qualifying
19        predicate or current offense under specific and
20        credible duress, coercion, threat, or compulsion;
21            (G) whether the defendant aided in the
22        apprehension of another felon or testified truthfully
23        on behalf of another prosecution of a felony; and
24            (H) whether departure is in the interest of the
25        person's rehabilitation, including employment or
26        educational or vocational training, after taking into

 

 

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1        account any past rehabilitation efforts or
2        dispositions of probation or supervision, and the
3        defendant's cooperation or response to rehabilitation.
4        (3) When departing from the sentencing guidelines
5    under this Section, the court shall specify on the record,
6    the particular evidence, information, factor or factors,
7    or other reasons which led to the departure from the
8    sentencing guidelines. When departing from the sentencing
9    range in accordance with this subsection (d), the court
10    shall indicate on the sentencing order which departure
11    factor or factors outlined in paragraph (2) of this
12    subsection (d) led to the sentence imposed. The sentencing
13    order shall be filed with the clerk of the court and shall
14    be a public record.
15    (e) This Section is repealed on January 1, 2024.
16(Source: P.A. 102-1109, eff. 12-21-22.)
 
17    (730 ILCS 5/5-5-3)
18    Sec. 5-5-3. Disposition.
19    (a) (Blank).
20    (b) (Blank).
21    (c) (1) (Blank).
22    (2) A period of probation, a term of periodic imprisonment
23or conditional discharge shall not be imposed for the
24following offenses. The court shall sentence the offender to
25not less than the minimum term of imprisonment set forth in

 

 

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

 

 

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1    40-10 of the Substance Use Disorder Act.
2        (F-3) A Class 2 or greater felony sex offense or
3    felony firearm offense if the offender had been convicted
4    of a Class 2 or greater felony, including any state or
5    federal conviction for an offense that contained, at the
6    time it was committed, the same elements as an offense now
7    (the date of the offense committed after the prior Class 2
8    or greater felony) classified as a Class 2 or greater
9    felony, within 10 years of the date on which the offender
10    committed the offense for which he or she is being
11    sentenced, except as otherwise provided in Section 40-10
12    of the Substance Use Disorder Act.
13        (F-5) A violation of Section 18-4, 24-1, 24-1.1,
14    24-1.2, or 24-1.6, 24-1.7, 24-1.8, or 24-3.7 of the
15    Criminal Code of 1961 or the Criminal Code of 2012 for
16    which imprisonment is prescribed in those Sections.
17        (G) Residential burglary, except as otherwise provided
18    in Section 40-10 of the Substance Use Disorder Act.
19        (H) Criminal sexual assault.
20        (I) Aggravated battery of a senior citizen as
21    described in Section 12-4.6 or subdivision (a)(4) of
22    Section 12-3.05 of the Criminal Code of 1961 or the
23    Criminal Code of 2012.
24        (J) A forcible felony if the offense was related to
25    the activities of an organized gang.
26        Before July 1, 1994, for the purposes of this

 

 

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

 

 

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

 

 

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

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012 if the
2    firearm is aimed toward the person against whom the
3    firearm is being used.
4        (EE) A conviction for a violation of paragraph (2) of
5    subsection (a) of Section 24-3B of the Criminal Code of
6    2012.
7    (3) (Blank).
8    (4) A minimum term of imprisonment of not less than 10
9consecutive days or 30 days of community service shall be
10imposed for a violation of paragraph (c) of Section 6-303 of
11the Illinois Vehicle Code.
12    (4.1) (Blank).
13    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
14this subsection (c), a minimum of 100 hours of community
15service shall be imposed for a second violation of Section
166-303 of the Illinois Vehicle Code.
17    (4.3) A minimum term of imprisonment of 30 days or 300
18hours of community service, as determined by the court, shall
19be imposed for a second violation of subsection (c) of Section
206-303 of the Illinois Vehicle Code.
21    (4.4) Except as provided in paragraphs (4.5), (4.6), and
22(4.9) of this subsection (c), a minimum term of imprisonment
23of 30 days or 300 hours of community service, as determined by
24the court, shall be imposed for a third or subsequent
25violation of Section 6-303 of the Illinois Vehicle Code. The
26court may give credit toward the fulfillment of community

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Probation may be revoked or modified pursuant to Section
25-6-4; except where the court determines at the hearing that
3the defendant violated a condition of his or her probation
4restricting contact with the victim or other family members or
5commits another offense with the victim or other family
6members, the court shall revoke the defendant's probation and
7impose a term of imprisonment.
8    For the purposes of this Section, "family member" and
9"victim" shall have the meanings ascribed to them in Section
1011-0.1 of the Criminal Code of 2012.
11    (f) (Blank).
12    (g) Whenever a defendant is convicted of an offense under
13Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1411-14.3, 11-14.4 except for an offense that involves keeping a
15place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1712-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
18Criminal Code of 2012, the defendant shall undergo medical
19testing to determine whether the defendant has any sexually
20transmissible disease, including a test for infection with
21human immunodeficiency virus (HIV) or any other identified
22causative agent of acquired immunodeficiency syndrome (AIDS).
23Any such medical test shall be performed only by appropriately
24licensed medical practitioners and may include an analysis of
25any bodily fluids as well as an examination of the defendant's
26person. Except as otherwise provided by law, the results of

 

 

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1such test shall be kept strictly confidential by all medical
2personnel involved in the testing and must be personally
3delivered in a sealed envelope to the judge of the court in
4which the conviction was entered for the judge's inspection in
5camera. Acting in accordance with the best interests of the
6victim and the public, the judge shall have the discretion to
7determine to whom, if anyone, the results of the testing may be
8revealed. The court shall notify the defendant of the test
9results. The court shall also notify the victim if requested
10by the victim, and if the victim is under the age of 15 and if
11requested by the victim's parents or legal guardian, the court
12shall notify the victim's parents or legal guardian of the
13test results. The court shall provide information on the
14availability of HIV testing and counseling at Department of
15Public Health facilities to all parties to whom the results of
16the testing are revealed and shall direct the State's Attorney
17to provide the information to the victim when possible. The
18court shall order that the cost of any such test shall be paid
19by the county and may be taxed as costs against the convicted
20defendant.
21    (g-5) When an inmate is tested for an airborne
22communicable disease, as determined by the Illinois Department
23of Public Health, including, but not limited to, tuberculosis,
24the results of the test shall be personally delivered by the
25warden or his or her designee in a sealed envelope to the judge
26of the court in which the inmate must appear for the judge's

 

 

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

 

 

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1test shall be paid by the county and may be taxed as costs
2against the convicted defendant.
3    (i) All fines and penalties imposed under this Section for
4any violation of Chapters 3, 4, 6, and 11 of the Illinois
5Vehicle Code, or a similar provision of a local ordinance, and
6any violation of the Child Passenger Protection Act, or a
7similar provision of a local ordinance, shall be collected and
8disbursed by the circuit clerk as provided under the Criminal
9and Traffic Assessment Act.
10    (j) In cases when prosecution for any violation of Section
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1512-15, or 12-16 of the Criminal Code of 1961 or the Criminal
16Code of 2012, any violation of the Illinois Controlled
17Substances Act, any violation of the Cannabis Control Act, or
18any violation of the Methamphetamine Control and Community
19Protection Act results in conviction, a disposition of court
20supervision, or an order of probation granted under Section 10
21of the Cannabis Control Act, Section 410 of the Illinois
22Controlled Substances Act, or Section 70 of the
23Methamphetamine Control and Community Protection Act of a
24defendant, the court shall determine whether the defendant is
25employed by a facility or center as defined under the Child
26Care Act of 1969, a public or private elementary or secondary

 

 

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

 

 

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

 

 

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

 

 

SB2065- 38 -LRB103 25262 RLC 51606 b

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

 

 

SB2065- 39 -LRB103 25262 RLC 51606 b

1    (o) Whenever a person is convicted of a sex offense as
2defined in Section 2 of the Sex Offender Registration Act, the
3defendant's driver's license or permit shall be subject to
4renewal on an annual basis in accordance with the provisions
5of license renewal established by the Secretary of State.
6(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
7102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
85-27-22.)
 
9    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
10    (Text of Section before amendment by P.A. 102-982)
11    Sec. 5-8-4. Concurrent and consecutive terms of
12imprisonment.
13    (a) Concurrent terms; multiple or additional sentences.
14When an Illinois court (i) imposes multiple sentences of
15imprisonment on a defendant at the same time or (ii) imposes a
16sentence of imprisonment on a defendant who is already subject
17to a sentence of imprisonment imposed by an Illinois court, a
18court of another state, or a federal court, then the sentences
19shall run concurrently unless otherwise determined by the
20Illinois court under this Section.
21    (b) Concurrent terms; misdemeanor and felony. A defendant
22serving a sentence for a misdemeanor who is convicted of a
23felony and sentenced to imprisonment shall be transferred to
24the Department of Corrections, and the misdemeanor sentence
25shall be merged in and run concurrently with the felony

 

 

SB2065- 40 -LRB103 25262 RLC 51606 b

1sentence.
2    (c) Consecutive terms; permissive. The court may impose
3consecutive sentences in any of the following circumstances:
4        (1) If, having regard to the nature and circumstances
5    of the offense and the history and character of the
6    defendant, it is the opinion of the court that consecutive
7    sentences are required to protect the public from further
8    criminal conduct by the defendant, the basis for which the
9    court shall set forth in the record.
10        (2) If one of the offenses for which a defendant was
11    convicted was a violation of Section 32-5.2 (aggravated
12    false personation of a peace officer) of the Criminal Code
13    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
14    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
15    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
16    offense was committed in attempting or committing a
17    forcible felony.
18        (3) If a person charged with a felony commits a
19    separate felony while on pretrial release or in pretrial
20    detention in a county jail facility or county detention
21    facility, then the sentences imposed upon conviction of
22    these felonies may be served consecutively regardless of
23    the order in which the judgments of conviction are
24    entered.
25        (4) If a person commits a battery against a county
26    correctional officer or sheriff's employee while serving a

 

 

SB2065- 41 -LRB103 25262 RLC 51606 b

1    sentence or in pretrial detention in a county jail
2    facility, then the sentence imposed upon conviction of the
3    battery may be served consecutively with the sentence
4    imposed upon conviction of the earlier misdemeanor or
5    felony, regardless of the order in which the judgments of
6    conviction are entered.
7        (5) If a person admitted to pretrial release following
8    conviction of a felony commits a separate felony while
9    released pretrial or if a person detained in a county jail
10    facility or county detention facility following conviction
11    of a felony commits a separate felony while in detention,
12    then any sentence following conviction of the separate
13    felony may be consecutive to that of the original sentence
14    for which the defendant was released pretrial or detained.
15        (6) If a person is found to be in possession of an item
16    of contraband, as defined in Section 31A-0.1 of the
17    Criminal Code of 2012, while serving a sentence in a
18    county jail or while in pretrial detention in a county
19    jail, the sentence imposed upon conviction for the offense
20    of possessing contraband in a penal institution may be
21    served consecutively to the sentence imposed for the
22    offense for which the person is serving a sentence in the
23    county jail or while in pretrial detention, regardless of
24    the order in which the judgments of conviction are
25    entered.
26        (7) If a person is sentenced for a violation of a

 

 

SB2065- 42 -LRB103 25262 RLC 51606 b

1    condition of pretrial release under Section 32-10 of the
2    Criminal Code of 1961 or the Criminal Code of 2012, any
3    sentence imposed for that violation may be served
4    consecutive to the sentence imposed for the charge for
5    which pretrial release had been granted and with respect
6    to which the defendant has been convicted.
7    (d) Consecutive terms; mandatory. The court shall impose
8consecutive sentences in each of the following circumstances:
9        (1) One of the offenses for which the defendant was
10    convicted was first degree murder or a Class X or Class 1
11    felony and the defendant inflicted severe bodily injury.
12        (2) The defendant was convicted of a violation of
13    Section 11-1.20 or 12-13 (criminal sexual assault),
14    11-1.30 or 12-14 (aggravated criminal sexual assault), or
15    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
16    child) of the Criminal Code of 1961 or the Criminal Code of
17    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
18    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
19    5/12-14.1).
20        (2.5) The defendant was convicted of a violation of
21    paragraph (1), (2), (3), (4), (5), or (7) of subsection
22    (a) of Section 11-20.1 (child pornography) or of paragraph
23    (1), (2), (3), (4), (5), or (7) of subsection (a) of
24    Section 11-20.1B or 11-20.3 (aggravated child pornography)
25    of the Criminal Code of 1961 or the Criminal Code of 2012;
26    or the defendant was convicted of a violation of paragraph

 

 

SB2065- 43 -LRB103 25262 RLC 51606 b

1    (6) of subsection (a) of Section 11-20.1 (child
2    pornography) or of paragraph (6) of subsection (a) of
3    Section 11-20.1B or 11-20.3 (aggravated child pornography)
4    of the Criminal Code of 1961 or the Criminal Code of 2012,
5    when the child depicted is under the age of 13.
6        (3) The defendant was convicted of armed violence
7    based upon the predicate offense of any of the following:
8    solicitation of murder, solicitation of murder for hire,
9    heinous battery as described in Section 12-4.1 or
10    subdivision (a)(2) of Section 12-3.05, aggravated battery
11    of a senior citizen as described in Section 12-4.6 or
12    subdivision (a)(4) of Section 12-3.05, criminal sexual
13    assault, a violation of subsection (g) of Section 5 of the
14    Cannabis Control Act (720 ILCS 550/5), cannabis
15    trafficking, a violation of subsection (a) of Section 401
16    of the Illinois Controlled Substances Act (720 ILCS
17    570/401), controlled substance trafficking involving a
18    Class X felony amount of controlled substance under
19    Section 401 of the Illinois Controlled Substances Act (720
20    ILCS 570/401), a violation of the Methamphetamine Control
21    and Community Protection Act (720 ILCS 646/), calculated
22    criminal drug conspiracy, or streetgang criminal drug
23    conspiracy.
24        (4) The defendant was convicted of the offense of
25    leaving the scene of a motor vehicle accident involving
26    death or personal injuries under Section 11-401 of the

 

 

SB2065- 44 -LRB103 25262 RLC 51606 b

1    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
2    aggravated driving under the influence of alcohol, other
3    drug or drugs, or intoxicating compound or compounds, or
4    any combination thereof under Section 11-501 of the
5    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
6    homicide under Section 9-3 of the Criminal Code of 1961 or
7    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
8    offense described in item (A) and an offense described in
9    item (B).
10        (5) The defendant was convicted of a violation of
11    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
12    death) or Section 12-20.5 (dismembering a human body) of
13    the Criminal Code of 1961 or the Criminal Code of 2012 (720
14    ILCS 5/9-3.1 or 5/12-20.5).
15        (5.5) The defendant was convicted of a violation of
16    Section 24-3.7 (use of a stolen firearm in the commission
17    of an offense) of the Criminal Code of 1961 or the Criminal
18    Code of 2012.
19        (6) If the defendant was in the custody of the
20    Department of Corrections at the time of the commission of
21    the offense, the sentence shall be served consecutive to
22    the sentence under which the defendant is held by the
23    Department of Corrections.
24        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
25    for escape or attempted escape shall be served consecutive
26    to the terms under which the offender is held by the

 

 

SB2065- 45 -LRB103 25262 RLC 51606 b

1    Department of Corrections.
2        (8) (Blank).
3        (8.5) (Blank).
4        (9) (Blank).
5        (10) (Blank).
6        (11) (Blank).
7    (e) Consecutive terms; subsequent non-Illinois term. If an
8Illinois court has imposed a sentence of imprisonment on a
9defendant and the defendant is subsequently sentenced to a
10term of imprisonment by a court of another state or a federal
11court, then the Illinois sentence shall run consecutively to
12the sentence imposed by the court of the other state or the
13federal court. That same Illinois court, however, may order
14that the Illinois sentence run concurrently with the sentence
15imposed by the court of the other state or the federal court,
16but only if the defendant applies to that same Illinois court
17within 30 days after the sentence imposed by the court of the
18other state or the federal court is finalized.
19    (f) Consecutive terms; aggregate maximums and minimums.
20The aggregate maximum and aggregate minimum of consecutive
21sentences shall be determined as follows:
22        (1) For sentences imposed under law in effect prior to
23    February 1, 1978, the aggregate maximum of consecutive
24    sentences shall not exceed the maximum term authorized
25    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
26    Chapter V for the 2 most serious felonies involved. The

 

 

SB2065- 46 -LRB103 25262 RLC 51606 b

1    aggregate minimum period of consecutive sentences shall
2    not exceed the highest minimum term authorized under
3    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
4    V for the 2 most serious felonies involved. When sentenced
5    only for misdemeanors, a defendant shall not be
6    consecutively sentenced to more than the maximum for one
7    Class A misdemeanor.
8        (2) For sentences imposed under the law in effect on
9    or after February 1, 1978, the aggregate of consecutive
10    sentences for offenses that were committed as part of a
11    single course of conduct during which there was no
12    substantial change in the nature of the criminal objective
13    shall not exceed the sum of the maximum terms authorized
14    under Article 4.5 of Chapter V for the 2 most serious
15    felonies involved, but no such limitation shall apply for
16    offenses that were not committed as part of a single
17    course of conduct during which there was no substantial
18    change in the nature of the criminal objective. When
19    sentenced only for misdemeanors, a defendant shall not be
20    consecutively sentenced to more than the maximum for one
21    Class A misdemeanor.
22    (g) Consecutive terms; manner served. In determining the
23manner in which consecutive sentences of imprisonment, one or
24more of which is for a felony, will be served, the Department
25of Corrections shall treat the defendant as though he or she
26had been committed for a single term subject to each of the

 

 

SB2065- 47 -LRB103 25262 RLC 51606 b

1following:
2        (1) The maximum period of a term of imprisonment shall
3    consist of the aggregate of the maximums of the imposed
4    indeterminate terms, if any, plus the aggregate of the
5    imposed determinate sentences for felonies, plus the
6    aggregate of the imposed determinate sentences for
7    misdemeanors, subject to subsection (f) of this Section.
8        (2) The parole or mandatory supervised release term
9    shall be as provided in paragraph (e) of Section 5-4.5-50
10    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
11    involved.
12        (3) The minimum period of imprisonment shall be the
13    aggregate of the minimum and determinate periods of
14    imprisonment imposed by the court, subject to subsection
15    (f) of this Section.
16        (4) The defendant shall be awarded credit against the
17    aggregate maximum term and the aggregate minimum term of
18    imprisonment for all time served in an institution since
19    the commission of the offense or offenses and as a
20    consequence thereof at the rate specified in Section 3-6-3
21    (730 ILCS 5/3-6-3).
22    (h) Notwithstanding any other provisions of this Section,
23all sentences imposed by an Illinois court under this Code
24shall run concurrent to any and all sentences imposed under
25the Juvenile Court Act of 1987.
26(Source: P.A. 102-350, eff. 8-13-21; 102-1104, eff. 12-6-22.)
 

 

 

SB2065- 48 -LRB103 25262 RLC 51606 b

1    (Text of Section after amendment by P.A. 102-982)
2    Sec. 5-8-4. Concurrent and consecutive terms of
3imprisonment.
4    (a) Concurrent terms; multiple or additional sentences.
5When an Illinois court (i) imposes multiple sentences of
6imprisonment on a defendant at the same time or (ii) imposes a
7sentence of imprisonment on a defendant who is already subject
8to a sentence of imprisonment imposed by an Illinois court, a
9court of another state, or a federal court, then the sentences
10shall run concurrently unless otherwise determined by the
11Illinois court under this Section.
12    (b) Concurrent terms; misdemeanor and felony. A defendant
13serving a sentence for a misdemeanor who is convicted of a
14felony and sentenced to imprisonment shall be transferred to
15the Department of Corrections, and the misdemeanor sentence
16shall be merged in and run concurrently with the felony
17sentence.
18    (c) Consecutive terms; permissive. The court may impose
19consecutive sentences in any of the following circumstances:
20        (1) If, having regard to the nature and circumstances
21    of the offense and the history and character of the
22    defendant, it is the opinion of the court that consecutive
23    sentences are required to protect the public from further
24    criminal conduct by the defendant, the basis for which the
25    court shall set forth in the record.

 

 

SB2065- 49 -LRB103 25262 RLC 51606 b

1        (2) If one of the offenses for which a defendant was
2    convicted was a violation of Section 32-5.2 (aggravated
3    false personation of a peace officer) of the Criminal Code
4    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
5    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
6    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
7    offense was committed in attempting or committing a
8    forcible felony.
9        (3) If a person charged with a felony commits a
10    separate felony while on pretrial release or in pretrial
11    detention in a county jail facility or county detention
12    facility, then the sentences imposed upon conviction of
13    these felonies may be served consecutively regardless of
14    the order in which the judgments of conviction are
15    entered.
16        (4) If a person commits a battery against a county
17    correctional officer or sheriff's employee while serving a
18    sentence or in pretrial detention in a county jail
19    facility, then the sentence imposed upon conviction of the
20    battery may be served consecutively with the sentence
21    imposed upon conviction of the earlier misdemeanor or
22    felony, regardless of the order in which the judgments of
23    conviction are entered.
24        (5) If a person admitted to pretrial release following
25    conviction of a felony commits a separate felony while
26    released pretrial or if a person detained in a county jail

 

 

SB2065- 50 -LRB103 25262 RLC 51606 b

1    facility or county detention facility following conviction
2    of a felony commits a separate felony while in detention,
3    then any sentence following conviction of the separate
4    felony may be consecutive to that of the original sentence
5    for which the defendant was released pretrial or detained.
6        (6) If a person is found to be in possession of an item
7    of contraband, as defined in Section 31A-0.1 of the
8    Criminal Code of 2012, while serving a sentence in a
9    county jail or while in pretrial detention in a county
10    jail, the sentence imposed upon conviction for the offense
11    of possessing contraband in a penal institution may be
12    served consecutively to the sentence imposed for the
13    offense for which the person is serving a sentence in the
14    county jail or while in pretrial detention, regardless of
15    the order in which the judgments of conviction are
16    entered.
17        (7) If a person is sentenced for a violation of a
18    condition of pretrial release under Section 32-10 of the
19    Criminal Code of 1961 or the Criminal Code of 2012, any
20    sentence imposed for that violation may be served
21    consecutive to the sentence imposed for the charge for
22    which pretrial release had been granted and with respect
23    to which the defendant has been convicted.
24    (d) Consecutive terms; mandatory. The court shall impose
25consecutive sentences in each of the following circumstances:
26        (1) One of the offenses for which the defendant was

 

 

SB2065- 51 -LRB103 25262 RLC 51606 b

1    convicted was first degree murder or a Class X or Class 1
2    felony and the defendant inflicted severe bodily injury.
3        (2) The defendant was convicted of a violation of
4    Section 11-1.20 or 12-13 (criminal sexual assault),
5    11-1.30 or 12-14 (aggravated criminal sexual assault), or
6    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
7    child) of the Criminal Code of 1961 or the Criminal Code of
8    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
9    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
10    5/12-14.1).
11        (2.5) The defendant was convicted of a violation of
12    paragraph (1), (2), (3), (4), (5), or (7) of subsection
13    (a) of Section 11-20.1 (child pornography) or of paragraph
14    (1), (2), (3), (4), (5), or (7) of subsection (a) of
15    Section 11-20.1B or 11-20.3 (aggravated child pornography)
16    of the Criminal Code of 1961 or the Criminal Code of 2012;
17    or the defendant was convicted of a violation of paragraph
18    (6) of subsection (a) of Section 11-20.1 (child
19    pornography) or of paragraph (6) of subsection (a) of
20    Section 11-20.1B or 11-20.3 (aggravated child pornography)
21    of the Criminal Code of 1961 or the Criminal Code of 2012,
22    when the child depicted is under the age of 13.
23        (3) The defendant was convicted of armed violence
24    based upon the predicate offense of any of the following:
25    solicitation of murder, solicitation of murder for hire,
26    heinous battery as described in Section 12-4.1 or

 

 

SB2065- 52 -LRB103 25262 RLC 51606 b

1    subdivision (a)(2) of Section 12-3.05, aggravated battery
2    of a senior citizen as described in Section 12-4.6 or
3    subdivision (a)(4) of Section 12-3.05, criminal sexual
4    assault, a violation of subsection (g) of Section 5 of the
5    Cannabis Control Act (720 ILCS 550/5), cannabis
6    trafficking, a violation of subsection (a) of Section 401
7    of the Illinois Controlled Substances Act (720 ILCS
8    570/401), controlled substance trafficking involving a
9    Class X felony amount of controlled substance under
10    Section 401 of the Illinois Controlled Substances Act (720
11    ILCS 570/401), a violation of the Methamphetamine Control
12    and Community Protection Act (720 ILCS 646/), calculated
13    criminal drug conspiracy, or streetgang criminal drug
14    conspiracy.
15        (4) The defendant was convicted of the offense of
16    leaving the scene of a motor vehicle crash involving death
17    or personal injuries under Section 11-401 of the Illinois
18    Vehicle Code (625 ILCS 5/11-401) and either: (A)
19    aggravated driving under the influence of alcohol, other
20    drug or drugs, or intoxicating compound or compounds, or
21    any combination thereof under Section 11-501 of the
22    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
23    homicide under Section 9-3 of the Criminal Code of 1961 or
24    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
25    offense described in item (A) and an offense described in
26    item (B).

 

 

SB2065- 53 -LRB103 25262 RLC 51606 b

1        (5) The defendant was convicted of a violation of
2    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
3    death) or Section 12-20.5 (dismembering a human body) of
4    the Criminal Code of 1961 or the Criminal Code of 2012 (720
5    ILCS 5/9-3.1 or 5/12-20.5).
6        (5.5) The defendant was convicted of a violation of
7    Section 24-3.7 (use of a stolen or illegally acquired
8    firearm in the commission of an offense) of the Criminal
9    Code of 1961 or the Criminal Code of 2012.
10        (6) If the defendant was in the custody of the
11    Department of Corrections at the time of the commission of
12    the offense, the sentence shall be served consecutive to
13    the sentence under which the defendant is held by the
14    Department of Corrections.
15        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
16    for escape or attempted escape shall be served consecutive
17    to the terms under which the offender is held by the
18    Department of Corrections.
19        (8) (Blank).
20        (8.5) (Blank).
21        (9) (Blank).
22        (10) (Blank).
23        (11) (Blank).
24    (e) Consecutive terms; subsequent non-Illinois term. If an
25Illinois court has imposed a sentence of imprisonment on a
26defendant and the defendant is subsequently sentenced to a

 

 

SB2065- 54 -LRB103 25262 RLC 51606 b

1term of imprisonment by a court of another state or a federal
2court, then the Illinois sentence shall run consecutively to
3the sentence imposed by the court of the other state or the
4federal court. That same Illinois court, however, may order
5that the Illinois sentence run concurrently with the sentence
6imposed by the court of the other state or the federal court,
7but only if the defendant applies to that same Illinois court
8within 30 days after the sentence imposed by the court of the
9other state or the federal court is finalized.
10    (f) Consecutive terms; aggregate maximums and minimums.
11The aggregate maximum and aggregate minimum of consecutive
12sentences shall be determined as follows:
13        (1) For sentences imposed under law in effect prior to
14    February 1, 1978, the aggregate maximum of consecutive
15    sentences shall not exceed the maximum term authorized
16    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
17    Chapter V for the 2 most serious felonies involved. The
18    aggregate minimum period of consecutive sentences shall
19    not exceed the highest minimum term authorized under
20    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
21    V for the 2 most serious felonies involved. When sentenced
22    only for misdemeanors, a defendant shall not be
23    consecutively sentenced to more than the maximum for one
24    Class A misdemeanor.
25        (2) For sentences imposed under the law in effect on
26    or after February 1, 1978, the aggregate of consecutive

 

 

SB2065- 55 -LRB103 25262 RLC 51606 b

1    sentences for offenses that were committed as part of a
2    single course of conduct during which there was no
3    substantial change in the nature of the criminal objective
4    shall not exceed the sum of the maximum terms authorized
5    under Article 4.5 of Chapter V for the 2 most serious
6    felonies involved, but no such limitation shall apply for
7    offenses that were not committed as part of a single
8    course of conduct during which there was no substantial
9    change in the nature of the criminal objective. When
10    sentenced only for misdemeanors, a defendant shall not be
11    consecutively sentenced to more than the maximum for one
12    Class A misdemeanor.
13    (g) Consecutive terms; manner served. In determining the
14manner in which consecutive sentences of imprisonment, one or
15more of which is for a felony, will be served, the Department
16of Corrections shall treat the defendant as though he or she
17had been committed for a single term subject to each of the
18following:
19        (1) The maximum period of a term of imprisonment shall
20    consist of the aggregate of the maximums of the imposed
21    indeterminate terms, if any, plus the aggregate of the
22    imposed determinate sentences for felonies, plus the
23    aggregate of the imposed determinate sentences for
24    misdemeanors, subject to subsection (f) of this Section.
25        (2) The parole or mandatory supervised release term
26    shall be as provided in paragraph (e) of Section 5-4.5-50

 

 

SB2065- 56 -LRB103 25262 RLC 51606 b

1    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
2    involved.
3        (3) The minimum period of imprisonment shall be the
4    aggregate of the minimum and determinate periods of
5    imprisonment imposed by the court, subject to subsection
6    (f) of this Section.
7        (4) The defendant shall be awarded credit against the
8    aggregate maximum term and the aggregate minimum term of
9    imprisonment for all time served in an institution since
10    the commission of the offense or offenses and as a
11    consequence thereof at the rate specified in Section 3-6-3
12    (730 ILCS 5/3-6-3).
13    (h) Notwithstanding any other provisions of this Section,
14all sentences imposed by an Illinois court under this Code
15shall run concurrent to any and all sentences imposed under
16the Juvenile Court Act of 1987.
17(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
18102-1104, eff. 12-6-22.)
 
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.