093_HB3913

                                     LRB093 13297 RLC 18572 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing  Sections  8-4,  9-1.2,  10-2, 12-4.3, 12-11, 12-14,
 6    12-14.1, 18-2, 18-4, 33A-1, 33A-2, and 33A-3 as follows:

 7        (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
 8        Sec. 8-4.  Attempt.
 9        (a)  Elements of the Offense.
10        A person commits an attempt when, with intent to commit a
11    specific  offense,  he  does  any  act  which  constitutes  a
12    substantial step toward the commission of that offense.
13        (b)  Impossibility.
14        It shall not be a defense to a  charge  of  attempt  that
15    because  of  a  misapprehension of the circumstances it would
16    have been impossible for the accused to  commit  the  offense
17    attempted.
18        (c)  Sentence.
19        A  person  convicted  of  an  attempt  may  be  fined  or
20    imprisoned or both not to exceed the maximum provided for the
21    offense  attempted  but,  except for an attempt to commit the
22    offense defined in Section 33A-2 of this Act,
23             (1)  the sentence for attempt to commit first degree
24        murder is the sentence for a Class X felony, except that
25                  (A)  an attempt to commit first  degree  murder
26             when   at  least  one  of  the  aggravating  factors
27             specified  in  paragraphs  (1),  (2)  and  (12)   of
28             subsection  (b) of Section 9-1 is present is a Class
29             X felony for which the sentence shall be a  term  of
30             imprisonment  of not less than 20 years and not more
31             than 80 years;
 
                            -2-      LRB093 13297 RLC 18572 b
 1                  (B)  an attempt to commit first  degree  murder
 2             while  armed  with a firearm is a Class X felony for
 3             which 15  years  shall  be  added  to  the  term  of
 4             imprisonment imposed by the court;
 5                  (C)  an  attempt  to commit first degree murder
 6             during which  the  person  personally  discharged  a
 7             firearm is a Class X felony for which 20 years shall
 8             be  added to the term of imprisonment imposed by the
 9             court;
10                  (D)  an attempt to commit first  degree  murder
11             during  which  the  person  personally  discharged a
12             firearm that proximately caused great  bodily  harm,
13             permanent  disability,  permanent  disfigurement, or
14             death to another person, is a  Class  X  felony  for
15             which 25 years or up to a term of natural life shall
16             be  added to the term of imprisonment imposed by the
17             court.
18             (2)  the sentence for attempt to commit  a  Class  X
19        felony is the sentence for a Class 1 felony;
20             (3)  the  sentence  for  attempt to commit a Class 1
21        felony is the sentence for a Class 2 felony;
22             (4)  the sentence for attempt to commit  a  Class  2
23        felony is the sentence for a Class 3 felony; and
24             (5)  the  sentence  for attempt to commit any felony
25        other than those specified in subsections (1),  (2),  (3)
26        and (4) hereof is the sentence for a Class A misdemeanor.
27    (Source: P.A. 91-404, eff. 1-1-00; 91-696, eff. 4-13-00.)

28        (720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
29        Sec. 9-1.2.  Intentional Homicide of an Unborn Child.
30        (a)  A person commits the offense of intentional homicide
31    of  an  unborn  child  if, in performing acts which cause the
32    death of an unborn child, he without lawful justification:
33             (1)  either intended to cause the  death  of  or  do
 
                            -3-      LRB093 13297 RLC 18572 b
 1        great  bodily  harm  to  the pregnant woman or her unborn
 2        child or knew that such acts would cause death  or  great
 3        bodily harm to the pregnant woman or her unborn child; or
 4             (2)  he   knew   that  his  acts  created  a  strong
 5        probability of death or great bodily harm to the pregnant
 6        woman or her unborn child; and
 7             (3)  he knew that the woman was pregnant.
 8        (b)  For purposes of this  Section,  (1)  "unborn  child"
 9    shall   mean   any  individual  of  the  human  species  from
10    fertilization until birth, and (2) "person" shall not include
11    the pregnant woman whose unborn child is killed.
12        (c)  This Section shall not apply to acts which cause the
13    death of an unborn child if those acts were committed  during
14    any  abortion,  as  defined  in  Section  2  of  the Illinois
15    Abortion Law of 1975, as amended, to which the pregnant woman
16    has consented.  This Section shall not apply  to  acts  which
17    were  committed  pursuant to usual and customary standards of
18    medical practice during  diagnostic  testing  or  therapeutic
19    treatment.
20        (d)  Penalty.   The  sentence for intentional homicide of
21    an unborn child shall be the same as for first degree murder,
22    except that:
23             (1)  the death penalty may not be imposed;
24             (2)  if the person committed the offense while armed
25        with a firearm, 15 years shall be added to  the  term  of
26        imprisonment imposed by the court;
27             (3)  if,  during  the commission of the offense, the
28        person personally discharged a firearm, 20 years shall be
29        added to the term of imprisonment imposed by the court;
30             (4)  if, during the commission of the  offense,  the
31        person  personally  discharged a firearm that proximately
32        caused great bodily harm, permanent disability, permanent
33        disfigurement, or death to another person, 25 years or up
34        to a term of natural life shall be added to the  term  of
 
                            -4-      LRB093 13297 RLC 18572 b
 1        imprisonment imposed by the court.
 2        (e)  The provisions of this Act shall not be construed to
 3    prohibit  the  prosecution  of  any  person  under  any other
 4    provision of law.
 5    (Source: P.A. 91-404, eff. 1-1-00.)

 6        (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
 7        Sec. 10-2. Aggravated kidnaping.
 8        (a)  A kidnaper within the definition of paragraph (a) of
 9    Section  10-1   is  guilty  of  the  offense  of   aggravated
10    kidnaping when he:
11             (1)  Kidnaps  for  the  purpose  of obtaining ransom
12        from the person kidnaped or from any other person, or
13             (2)  Takes as his victim a child under the age of 13
14        years, or a  severely  or  profoundly  mentally  retarded
15        person, or
16             (3)  Inflicts  great  bodily harm, other than by the
17        discharge of a firearm, or commits  another  felony  upon
18        his victim, or
19             (4)  Wears  a  hood,  robe  or  mask or conceals his
20        identity, or
21             (5)  Commits the offense of  kidnaping  while  armed
22        with a dangerous weapon, other than a firearm, as defined
23        in Section 33A-1 of the "Criminal Code of 1961", or
24             (6)  Commits  the  offense  of kidnaping while armed
25        with a firearm, or
26             (7)  During  the  commission  of  the   offense   of
27        kidnaping, personally discharged a firearm, or
28             (8)  During   the   commission  of  the  offense  of
29        kidnaping,   personally   discharged   a   firearm   that
30        proximately   caused   great   bodily   harm,   permanent
31        disability, permanent disfigurement, or death to  another
32        person.
33        As used in this Section, "ransom" includes money, benefit
 
                            -5-      LRB093 13297 RLC 18572 b
 1    or other valuable thing or concession.
 2        (b)  Sentence.   Aggravated  kidnaping  in  violation  of
 3    paragraph (1), (2), (3), (4), or (5) of subsection (a)  is  a
 4    Class X felony. A violation of subsection (a)(6) is a Class X
 5    felony  for  which  15  years  shall  be added to the term of
 6    imprisonment imposed by the court. A violation of  subsection
 7    (a)(7)  is a Class X felony for which 20 years shall be added
 8    to the term of imprisonment imposed by the court. A violation
 9    of subsection (a)(8) is a Class X felony for which  25  years
10    or up to a term of natural life shall be added to the term of
11    imprisonment imposed by the court.
12        A  person  who  is  convicted  of  a second or subsequent
13    offense of aggravated kidnaping shall be sentenced to a  term
14    of  natural  life  imprisonment;  provided,  however,  that a
15    sentence of natural life imprisonment shall  not  be  imposed
16    under  this  Section  unless the second or subsequent offense
17    was committed after conviction on the first offense.
18    (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02.)

19        (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
20        Sec. 12-4.3.  Aggravated battery of a child.
21        (a)  Any person of the  age  18  years  and  upwards  who
22    intentionally  or  knowingly, and without legal justification
23    and by any means,  causes  great  bodily  harm  or  permanent
24    disability  or disfigurement to any child under the age of 13
25    years or to any  severely  or  profoundly  mentally  retarded
26    person, commits the offense of aggravated battery of a child.
27        (b)  Aggravated  battery  of a child is a Class X felony,
28    except that:
29             (1)  if the person committed the offense while armed
30        with a firearm, 15 years shall be added to  the  term  of
31        imprisonment imposed by the court;
32             (2)  if,  during  the commission of the offense, the
33        person personally discharged a firearm, 20 years shall be
 
                            -6-      LRB093 13297 RLC 18572 b
 1        added to the term of imprisonment imposed by the court;
 2             (3)  if, during the commission of the  offense,  the
 3        person  personally  discharged a firearm that proximately
 4        caused great bodily harm, permanent disability, permanent
 5        disfigurement, or death to another person, 25 years or up
 6        to a term of natural life shall be added to the  term  of
 7        imprisonment imposed by the court.
 8    (Source:  P.A.  91-357,  eff.  7-29-99;  91-404, eff. 1-1-00;
 9    92-434, eff. 1-1-02.)

10        (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
11        Sec. 12-11.  Home Invasion.
12        (a)  A person who is not a peace officer  acting  in  the
13    line  of duty commits home invasion when without authority he
14    or she knowingly enters the dwelling place of another when he
15    or she knows or has reason to know that one or  more  persons
16    is  present  or he or she knowingly enters the dwelling place
17    of another and remains in such dwelling place until he or she
18    knows or has reason to know  that  one  or  more  persons  is
19    present and
20             (1)  While armed with a dangerous weapon, other than
21        a  firearm,  uses  force or threatens the imminent use of
22        force upon any person or  persons  within  such  dwelling
23        place whether or not injury occurs, or
24             (2)  Intentionally  causes  any  injury,  except  as
25        provided  in  subsection (a)(5), to any person or persons
26        within such dwelling place, or
27             (3)  (Blank) While armed with a firearm  uses  force
28        or threatens the imminent use of force upon any person or
29        persons  within such dwelling place whether or not injury
30        occurs, or
31             (4)  (Blank) Uses force or  threatens  the  imminent
32        use  of  force  upon  any  person  or persons within such
33        dwelling place whether or not injury  occurs  and  during
 
                            -7-      LRB093 13297 RLC 18572 b
 1        the  commission  of  the  offense personally discharges a
 2        firearm, or
 3             (5)  (Blank) Personally discharges  a  firearm  that
 4        proximately   causes   great   bodily   harm,   permanent
 5        disability,  permanent disfigurement, or death to another
 6        person within such dwelling place, or
 7             (6)  Commits, against any person or  persons  within
 8        that dwelling place, a violation of Section 12-13, 12-14,
 9        12-14.1, 12-15, or 12-16 of the Criminal Code of 1961.
10        (b)  It  is  an  affirmative  defense to a charge of home
11    invasion that the accused who knowingly enters  the  dwelling
12    place  of another and remains in such dwelling place until he
13    or she knows or has reason to know that one or  more  persons
14    is   present  either  immediately  leaves  such  premises  or
15    surrenders to the person or persons lawfully present  therein
16    without  either attempting to cause or causing serious bodily
17    injury to any person present therein.
18        (c)  Sentence.  Home invasion in violation of  subsection
19    (a)(1),  (a)(2) or (a)(6) is a Class X felony. A violation of
20    subsection (a)(3) is a Class X  felony  for  which  15  years
21    shall  be  added  to  the term of imprisonment imposed by the
22    court. A violation of subsection (a)(4) is a Class  X  felony
23    for which 20 years shall be added to the term of imprisonment
24    imposed  by  the court. A violation of subsection (a)(5) is a
25    Class X felony for which 25 years or up to a term of  natural
26    life  shall  be  added to the term of imprisonment imposed by
27    the court.
28        (d)  For purposes of this  Section,  "dwelling  place  of
29    another"  includes  a  dwelling  place  where  the  defendant
30    maintains a tenancy interest but from which the defendant has
31    been  barred  by a divorce decree, judgment of dissolution of
32    marriage, order of protection, or other court order.
33    (Source: P.A. 90-787,  eff.  8-14-98;  91-404,  eff.  1-1-00;
34    91-928, eff. 6-1-01.)
 
                            -8-      LRB093 13297 RLC 18572 b
 1        (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
 2        Sec. 12-14.  Aggravated Criminal Sexual Assault.
 3        (a)  The   accused  commits  aggravated  criminal  sexual
 4    assault if he or she commits criminal sexual assault and  any
 5    of the following aggravating circumstances existed during, or
 6    for  the  purposes of paragraph (7) of this subsection (a) as
 7    part of the same course of conduct as, the commission of  the
 8    offense:
 9             (1)  the  accused  displayed,  threatened to use, or
10        used a dangerous weapon, other than  a  firearm,  or  any
11        object  fashioned or utilized in such a manner as to lead
12        the victim under the circumstances reasonably to  believe
13        it to be a dangerous weapon; or
14             (2)  the  accused  caused  bodily  harm,  except  as
15        provided in subsection (a)(10), to the victim; or
16             (3)  the  accused  acted  in  such  a  manner  as to
17        threaten or endanger the life of the victim or any  other
18        person; or
19             (4)  the  criminal  sexual  assault  was perpetrated
20        during  the  course  of  the  commission   or   attempted
21        commission of any other felony by the accused; or
22             (5)  the victim was 60 years of age or over when the
23        offense was committed; or
24             (6)  the victim was a physically handicapped person;
25        or
26             (7)  the    accused    delivered    (by   injection,
27        inhalation, ingestion, transfer  of  possession,  or  any
28        other means) to the victim without his or her consent, or
29        by  threat  or  deception,  and  for  other  than medical
30        purposes, any controlled substance; or
31             (8)  the accused was armed with a firearm; or
32             (9)  the accused  personally  discharged  a  firearm
33        during the commission of the offense; or
34             (10)  the  accused,  during  the  commission  of the
 
                            -9-      LRB093 13297 RLC 18572 b
 1        offense, personally discharged a firearm that proximately
 2        caused great bodily harm, permanent disability, permanent
 3        disfigurement, or death to another person.
 4        (b)  The  accused  commits  aggravated  criminal   sexual
 5    assault  if  the  accused  was  under 17 years of age and (i)
 6    commits an act of sexual penetration with a  victim  who  was
 7    under  9  years  of  age  when the act was committed; or (ii)
 8    commits an act of sexual penetration with a victim who was at
 9    least 9 years of age but under 13 years of age when  the  act
10    was  committed  and the accused used force or threat of force
11    to commit the act.
12        (c)  The  accused  commits  aggravated  criminal   sexual
13    assault  if  he  or  she commits an act of sexual penetration
14    with a victim who  was  a  severely  or  profoundly  mentally
15    retarded person at the time the act was committed.
16        (d)  Sentence.
17             (1)  Aggravated criminal sexual assault in violation
18        of   paragraph  (2),  (3),  (4),  (5),  (6),  or  (7)  of
19        subsection (a) or in violation of subsection (b)  or  (c)
20        is  a Class X felony. A violation of subsection (a)(1) is
21        a Class X felony for which 10 years shall be added to the
22        term of imprisonment imposed by the court. A violation of
23        subsection (a)(8) is a Class X felony for which 15  years
24        shall be added to the term of imprisonment imposed by the
25        court.   A  violation  of  subsection (a)(9) is a Class X
26        felony for which 20 years shall be added to the  term  of
27        imprisonment   imposed  by  the  court.  A  violation  of
28        subsection (a)(10) is a Class X felony for which 25 years
29        or up to a term of natural  life  imprisonment  shall  be
30        added to the term of imprisonment imposed by the court.
31             (2)  A  person  who  is  convicted  of  a  second or
32        subsequent offense of aggravated criminal sexual assault,
33        or who is convicted of the offense of aggravated criminal
34        sexual assault after having previously been convicted  of
 
                            -10-     LRB093 13297 RLC 18572 b
 1        the  offense of criminal sexual assault or the offense of
 2        predatory criminal sexual assault of a child, or  who  is
 3        convicted  of  the  offense of aggravated criminal sexual
 4        assault after having previously been convicted under  the
 5        laws  of  this  or  any other state of an offense that is
 6        substantially  equivalent  to  the  offense  of  criminal
 7        sexual assault, the offense of aggravated criminal sexual
 8        assault or  the  offense  of  predatory  criminal  sexual
 9        assault  of  a  child,  shall  be  sentenced to a term of
10        natural life imprisonment. The commission of  the  second
11        or  subsequent offense is required to have been after the
12        initial conviction for this paragraph (2) to apply.
13    (Source: P.A.  91-404,  eff.  1-1-00;  92-434,  eff.  1-1-02;
14    92-502, eff. 12-19-01; 92-721, eff. 1-1-03.)

15        (720 ILCS 5/12-14.1)
16        Sec.  12-14.1.   Predatory  criminal  sexual assault of a
17    child.
18        (a)  The  accused  commits  predatory   criminal   sexual
19    assault of a child if:
20             (1)  the  accused  was  17  years of age or over and
21        commits an act of sexual penetration with  a  victim  who
22        was under 13 years of age when the act was committed; or
23             (1.1)  the  accused was 17 years of age or over and,
24        while armed with a firearm,  commits  an  act  of  sexual
25        penetration  with  a victim who was under 13 years of age
26        when the act was committed; or
27             (1.2)  the accused was 17 years of age or  over  and
28        commits  an  act  of sexual penetration with a victim who
29        was under 13 years of age when the act was committed and,
30        during  the  commission  of  the  offense,  the   accused
31        personally discharged a firearm; or
32             (2)  the  accused  was  17  years of age or over and
33        commits an act of sexual penetration with  a  victim  who
 
                            -11-     LRB093 13297 RLC 18572 b
 1        was  under 13 years of age when the act was committed and
 2        the accused caused great bodily harm to the victim that:
 3                  (A)  resulted in permanent disability; or
 4                  (B)  was life threatening; or
 5             (3)  the accused was 17 years of  age  or  over  and
 6        commits  an  act  of sexual penetration with a victim who
 7        was under 13 years of age when the act was committed  and
 8        the   accused   delivered   (by   injection,  inhalation,
 9        ingestion, transfer of possession, or any other means) to
10        the victim without his or her consent, or  by  threat  or
11        deception,  and  for  other  than  medical  purposes, any
12        controlled substance.
13        (b)  Sentence.
14             (1)  A person convicted of a violation of subsection
15        (a)(1) commits a Class X felony. A person convicted of  a
16        violation of subsection (a)(1.1) commits a Class X felony
17        for  which  15  years  shall  be  added  to  the  term of
18        imprisonment imposed by the court. A person convicted  of
19        a  violation  of  subsection  (a)(1.2)  commits a Class X
20        felony for which 20 years shall be added to the  term  of
21        imprisonment imposed by the court.  A person convicted of
22        a violation of subsection (a)(2) commits a Class X felony
23        for  which  the  person  shall  be sentenced to a term of
24        imprisonment of not less than 50 years or up to a term of
25        natural life imprisonment.
26             (1.1)  A  person  convicted  of   a   violation   of
27        subsection  (a)(2) or (a)(3) commits a Class X felony for
28        which  the  person  shall  be  sentenced  to  a  term  of
29        imprisonment of not less than 50 years and not more  than
30        60 years.
31             (1.2)  A  person  convicted  of  predatory  criminal
32        sexual  assault  of  a  child committed against 2 or more
33        persons regardless of whether the  offenses  occurred  as
34        the  result  of  the  same  act  or of several related or
 
                            -12-     LRB093 13297 RLC 18572 b
 1        unrelated acts shall be sentenced to a  term  of  natural
 2        life imprisonment.
 3             (2)  A  person  who  is  convicted  of  a  second or
 4        subsequent offense of predatory criminal  sexual  assault
 5        of  a  child,  or  who  is  convicted  of  the offense of
 6        predatory criminal sexual assault of a child after having
 7        previously been convicted  of  the  offense  of  criminal
 8        sexual  assault  or  the  offense  of aggravated criminal
 9        sexual assault, or who is convicted  of  the  offense  of
10        predatory criminal sexual assault of a child after having
11        previously been convicted under the laws of this State or
12        any  other  state  of  an  offense  that is substantially
13        equivalent to the offense of  predatory  criminal  sexual
14        assault  of  a  child, the offense of aggravated criminal
15        sexual assault or the offense of criminal sexual assault,
16        shall  be  sentenced  to   a   term   of   natural   life
17        imprisonment.  The commission of the second or subsequent
18        offense is  required  to  have  been  after  the  initial
19        conviction for this paragraph (2) to apply.
20    (Source:  P.A.  91-238,  eff.  1-1-00;  91-404,  eff. 1-1-00;
21    92-16, eff. 6-28-01.)

22        (720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
23        Sec. 18-2. Armed robbery.
24        (a)  A person  commits  armed  robbery  when  he  or  she
25    violates Section 18-1 while; and
26             (1)  he  or  she  carries  on  or  about  his or her
27        person, or is otherwise armed  with  a  dangerous  weapon
28        other than a firearm; or
29             (2)  he or she carries on or about his or her person
30        or is otherwise armed with a firearm; or
31             (3)  he   or  she,  during  the  commission  of  the
32        offense, personally discharges a firearm; or
33             (4)  he  or  she,  during  the  commission  of   the
 
                            -13-     LRB093 13297 RLC 18572 b
 1        offense, personally discharges a firearm that proximately
 2        causes great bodily harm, permanent disability, permanent
 3        disfigurement, or death to another person.
 4        (b)  Sentence.
 5        Armed  robbery  in  violation  of  subsection (a)(1) is a
 6    Class X felony. A violation of subsection (a)(2) is a Class X
 7    felony for which 15 years shall  be  added  to  the  term  of
 8    imprisonment  imposed by the court. A violation of subsection
 9    (a)(3) is a Class X felony for which 20 years shall be  added
10    to the term of imprisonment imposed by the court. A violation
11    of  subsection  (a)(4) is a Class X felony for which 25 years
12    or up to a term of natural life shall be added to the term of
13    imprisonment imposed by the court.
14    (Source: P.A. 91-404, eff. 1-1-00.)

15        (720 ILCS 5/18-4)
16        Sec. 18-4. Aggravated vehicular hijacking.
17        (a)  A person commits aggravated vehicular hijacking when
18    he or she violates Section 18-3; and
19             (1)  the person from whose  immediate  presence  the
20        motor vehicle is taken is a physically handicapped person
21        or a person 60 years of age or over; or
22             (2)  a  person  under 16 years of age is a passenger
23        in the motor vehicle at the time of the offense; or
24             (3)  he or she  carries  on  or  about  his  or  her
25        person,  or  is  otherwise armed with a dangerous weapon,
26        other than a firearm; or
27             (4)  he or she carries on or about his or her person
28        or is otherwise armed with a firearm; or
29             (5)  he  or  she,  during  the  commission  of   the
30        offense, personally discharges a firearm; or
31             (6)  he   or  she,  during  the  commission  of  the
32        offense, personally discharges a firearm that proximately
33        causes great bodily harm, permanent disability, permanent
 
                            -14-     LRB093 13297 RLC 18572 b
 1        disfigurement, or death to another person.
 2        (b)  Sentence.    Aggravated   vehicular   hijacking   in
 3    violation of subsections  (a)(1)  or  (a)(2)  is  a  Class  X
 4    felony.   Aggravated  vehicular  hijacking  in  violation  of
 5    subsection (a)(3) is a Class X felony for  which  a  term  of
 6    imprisonment  of  not  less  than  7  years shall be imposed.
 7    Aggravated vehicular hijacking  in  violation  of  subsection
 8    (a)(4)  is a Class X felony for which 15 years shall be added
 9    to the term of imprisonment imposed by the court.  Aggravated
10    vehicular  hijacking  in  violation of subsection (a)(5) is a
11    Class X felony for which 20 years shall be added to the  term
12    of  imprisonment  imposed  by the court. Aggravated vehicular
13    hijacking in violation of subsection  (a)(6)  is  a  Class  X
14    felony  for  which  25  years or up to a term of natural life
15    shall be added to the term of  imprisonment  imposed  by  the
16    court.
17    (Source: P.A. 91-404, eff. 1-1-00.)

18        (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
19        Sec. 33A-1. Legislative intent and definitions.
20        (a)  Legislative  findings.  The  legislature  finds  and
21    declares the following:
22             (1)  The use of a dangerous weapon in the commission
23        of  a  felony  offense poses a much greater threat to the
24        public health, safety, and general welfare, than  when  a
25        weapon is not used in the commission of the offense.
26             (2)  Further,   the   use   of   a  firearm  greatly
27        facilitates the commission of a criminal offense  because
28        of  the  more  lethal nature of a firearm and the greater
29        perceived threat produced in those confronted by a person
30        wielding a firearm. Unlike other dangerous  weapons  such
31        as  knives  and  clubs,  the  use  of  a  firearm  in the
32        commission of a  criminal  felony  offense  significantly
33        escalates  the  threat and the potential for bodily harm,
 
                            -15-     LRB093 13297 RLC 18572 b
 1        and the  greater  range  of  the  firearm  increases  the
 2        potential  for  harm  to  more  persons. Not only are the
 3        victims and bystanders at greater risk when a firearm  is
 4        used,  but  also the law  enforcement officers whose duty
 5        is to confront and apprehend the armed suspect.
 6             (3)  Current law does contain offenses involving the
 7        use or discharge of a gun toward  or  against  a  person,
 8        such  as  aggravated  battery  with a firearm, aggravated
 9        discharge of a  firearm,  and  reckless  discharge  of  a
10        firearm;  however,  the  General  Assembly has legislated
11        greater penalties for the commission of a felony while in
12        possession of a firearm because it  deems  such  acts  as
13        more serious.
14        (b)  Legislative intent.
15             (1)  In  order  to  deter the use of firearms in the
16        commission of a  felony  offense,  the  General  Assembly
17        deems  it appropriate for a greater penalty to be imposed
18        when a firearm is used or discharged in the commission of
19        an offense than the penalty imposed for using other types
20        of weapons and  for  the  penalty  to  increase  on  more
21        serious offenses.
22             (2)  With  the  additional elements of the discharge
23        of a firearm and great bodily harm inflicted by a firearm
24        being added to armed violence and  other  serious  felony
25        offenses,  it  is  the  intent of the General Assembly to
26        punish those elements more severely during commission  of
27        a  felony offense than when those elements stand alone as
28        the act of the offender.
29             (3)  It is the intent of the 91st  General  Assembly
30        that    should    Public    Act    88-680   be   declared
31        unconstitutional for a violation of Article 4, Section  8
32        of  the  1970  Constitution of the State of Illinois, the
33        amendatory changes made by Public Act 88-680  to  Article
34        33A  of the Criminal Code of 1961 and which are set forth
 
                            -16-     LRB093 13297 RLC 18572 b
 1        as law  in  this  amendatory  Act  of  the  91st  General
 2        Assembly  are  hereby reenacted by this amendatory Act of
 3        the 91st General Assembly.
 4        (c)  Definitions.
 5             (a) (1)  "Armed with a dangerous weapon".  A  person
 6        is  considered armed with a dangerous weapon for purposes
 7        of this Article, when he or she carries on or  about  his
 8        or  her  person  or is otherwise armed with a Category I,
 9        Category II, or Category III weapon.
10             (b) (2)  A Category I weapon is a handgun, sawed-off
11        shotgun, sawed-off rifle, any other firearm small  enough
12        to  be  concealed upon the person, semiautomatic firearm,
13        or machine gun.  A Category II weapon is any other rifle,
14        shotgun, spring gun, other firearm, stun gun or taser  as
15        defined  in  paragraph  (a) of Section 24-1 of this Code,
16        knife with a blade  of  at  least  3  inches  in  length,
17        dagger,  dirk, switchblade knife, stiletto, axe, hatchet,
18        or other deadly or dangerous weapon or instrument of like
19        character.  As used in this subsection (b) "semiautomatic
20        firearm"  means  a  repeating  firearm  that  utilizes  a
21        portion of the energy of a firing  cartridge  to  extract
22        the  fired  cartridge case and chamber the next round and
23        that requires a separate pull of the trigger to fire each
24        cartridge.
25             (c)  (3)  A  Category  III  weapon  is  a  bludgeon,
26        black-jack,   slungshot,   sand-bag,   sand-club,   metal
27        knuckles,  billy,  or  other  dangerous  weapon  of  like
28        character.
29    (Source: P.A. 91-404, eff. 1-1-00; 91-696, eff. 4-13-00.)

30        (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
31        Sec. 33A-2. Armed violence-Elements of the offense.
32        (a)  A person commits armed violence  when,  while  armed
33    with  a  dangerous  weapon,  he commits any felony defined by
 
                            -17-     LRB093 13297 RLC 18572 b
 1    Illinois Law, except first  degree  murder,  attempted  first
 2    degree  murder,  intentional  homicide  of  an  unborn child,
 3    predatory criminal sexual  assault  of  a  child,  aggravated
 4    criminal  sexual  assault,  aggravated  kidnaping, aggravated
 5    battery  of  a  child,  home  invasion,  armed  robbery,   or
 6    aggravated vehicular hijacking.
 7        (b)  A  person  commits  armed  violence  when  he or she
 8    personally discharges a firearm  that  is  a  Category  I  or
 9    Category  II  weapon  while  committing any felony defined by
10    Illinois law, except first  degree  murder,  attempted  first
11    degree  murder,  intentional  homicide  of  an  unborn child,
12    predatory criminal sexual  assault  of  a  child,  aggravated
13    criminal  sexual  assault,  aggravated  kidnaping, aggravated
14    battery  of  a  child,  home  invasion,  armed  robbery,   or
15    aggravated vehicular hijacking.
16        (c)  A  person  commits  armed  violence  when  he or she
17    personally discharges a firearm  that  is  a  Category  I  or
18    Category II weapon that proximately causes great bodily harm,
19    permanent  disability, or permanent disfigurement or death to
20    another  person  while  committing  any  felony  defined   by
21    Illinois  law,  except  first  degree murder, attempted first
22    degree murder,  intentional  homicide  of  an  unborn  child,
23    predatory  criminal  sexual  assault  of  a child, aggravated
24    criminal sexual  assault,  aggravated  kidnaping,  aggravated
25    battery   of  a  child,  home  invasion,  armed  robbery,  or
26    aggravated vehicular hijacking.
27        (d)  This Section does not apply  to  violations  of  the
28    Fish and Aquatic Life Code or the Wildlife Code.
29    (Source: P.A. 91-404, eff. 1-1-00.)

30        (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
31        Sec. 33A-3. Sentence.
32        (a)  Violation  of Section 33A-2 33A-2(a) with a Category
33    I weapon is a Class X felony for which the defendant shall be
 
                            -18-     LRB093 13297 RLC 18572 b
 1    sentenced to a minimum term of imprisonment of 20 15 years.
 2        (a-5)  Violation  of  Section  33A-2  33A-2(a)   with   a
 3    Category  II  weapon  is  a  Class  X  felony  for  which the
 4    defendant  shall  be  sentenced  to   a   minimum   term   of
 5    imprisonment of 15 10 years.
 6        (b)  Violation  of Section 33A-2 33A-2(a) with a Category
 7    III weapon is a Class 2 felony or the  felony  classification
 8    provided  for  the  same act while unarmed, whichever permits
 9    the greater penalty.   A second or  subsequent  violation  of
10    Section  33A-2 33A-2(a) with a Category III weapon is a Class
11    1 felony or the felony classification provided for  the  same
12    act while unarmed, whichever permits the greater penalty.
13        (b-5)  Violation  of Section 33A-2(b) with a firearm that
14    is a Category I or Category II weapon is a Class X felony for
15    which the defendant shall be sentenced to a minimum  term  of
16    imprisonment of 20 years.
17        (b-10)  Violation of Section 33A-2(c) with a firearm that
18    is a Category I or Category II weapon is a Class X felony for
19    which   the  defendant  shall  be  sentenced  to  a  term  of
20    imprisonment of not less than  25  years  nor  more  than  40
21    years.
22        (c)  Unless sentencing under Section 33B-1 is applicable,
23    any  person  who  violates  subsection  (a) or (b) of Section
24    33A-2 with a firearm, when that person has been convicted  in
25    any  state  or  federal  court  of 3 or more of the following
26    offenses: treason, first degree murder, second degree murder,
27    predatory criminal sexual  assault  of  a  child,  aggravated
28    criminal  sexual  assault,  criminal sexual assault, robbery,
29    burglary, arson, kidnaping, aggravated battery  resulting  in
30    great  bodily  harm or permanent disability or disfigurement,
31    or a violation of Section 401(a) of the  Illinois  Controlled
32    Substances  Act,  when  the third offense was committed after
33    conviction on the second, the second  offense  was  committed
34    after  conviction  on the first, and the violation of Section
 
                            -19-     LRB093 13297 RLC 18572 b
 1    33A-2 was committed after conviction on the third,  shall  be
 2    sentenced to a term of imprisonment of not less than 25 years
 3    nor more than 50 years.
 4        (c-5)  Except  as  otherwise provided in paragraph (b-10)
 5    or (c)  of  this  Section,  a  person  who  violates  Section
 6    33A-2(a)  with  a  firearm  that  is  a  Category I weapon or
 7    Section 33A-2(b) in any  school,  in  any  conveyance  owned,
 8    leased, or contracted by a school to transport students to or
 9    from  school  or  a  school  related activity, or on the real
10    property comprising any school or public park, and where  the
11    offense  was  related to the activities of an organized gang,
12    shall be sentenced to a term of imprisonment of not less than
13    the term set  forth  in  subsection  (a)  or  (b-5)  of  this
14    Section, whichever is applicable, and not more than 30 years.
15    For  the  purposes of this subsection (c-5), "organized gang"
16    has the meaning ascribed to it in Section 10 of the  Illinois
17    Streetgang Terrorism Omnibus Prevention Act.
18        (d)  For  armed  violence  based upon a predicate offense
19    listed in this subsection  (d)  the  court  shall  enter  the
20    sentence  for  armed  violence  to  run  consecutively to the
21    sentence imposed for  the  predicate  offense.  The  offenses
22    covered by this provision are:
23             (i)  solicitation of murder,
24             (ii)  solicitation of murder for hire,
25             (iii)  heinous battery,
26             (iv)  aggravated battery of a senior citizen,
27             (v)  criminal sexual assault,
28             (vi)  a violation of subsection (g) of  Section 5 of
29        the Cannabis Control Act,
30             (vii)  cannabis trafficking,
31             (viii)  a violation of subsection (a) of Section 401
32        of the Illinois Controlled Substances Act,
33             (ix)  controlled  substance  trafficking involving a
34        Class X  felony  amount  of  controlled  substance  under
 
                            -20-     LRB093 13297 RLC 18572 b
 1        Section 401 of the Illinois Controlled Substances Act,
 2             (x)  calculated criminal drug conspiracy, or
 3             (xi)  streetgang criminal drug conspiracy.
 4    (Source: P.A. 91-404, eff. 1-1-00; 91-696, eff. 4-13-00.)

 5        (720 ILCS 5/2-3.6 rep.)
 6        (720 ILCS 5/2-7.5 rep.)
 7        (720 ILCS 5/2-15.5 rep.)
 8        Section  10.  The  Criminal  Code  of  1961 is amended by
 9    repealing Sections 2-3.6, 2-7.5, and 2-15.5.

10        Section  15.  The Unified Code of Corrections is  amended
11    by changing Sections 5-5-3, 5-8-1, and 5-8-4 as follows:

12        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
13        Sec. 5-5-3.  Disposition.
14        (a)  Every  person  convicted  of  an  offense  shall  be
15    sentenced as provided in this Section.
16        (b)  The   following   options   shall   be   appropriate
17    dispositions,  alone  or in combination, for all felonies and
18    misdemeanors other than those identified in subsection (c) of
19    this Section:
20             (1)  A period of probation.
21             (2)  A term of periodic imprisonment.
22             (3)  A term of conditional discharge.
23             (4)  A term of imprisonment.
24             (5)  An order directing the offender to clean up and
25        repair the damage, if the offender  was  convicted  under
26        paragraph  (h)  of  Section  21-1 of the Criminal Code of
27        1961.
28             (6)  A fine.
29             (7)  An  order  directing  the  offender   to   make
30        restitution  to  the  victim  under Section 5-5-6 of this
31        Code.
 
                            -21-     LRB093 13297 RLC 18572 b
 1             (8)  A sentence of participation in a county  impact
 2        incarceration program under Section 5-8-1.2 of this Code.
 3        Whenever  an individual is sentenced for an offense based
 4    upon an arrest for a  violation  of  Section  11-501  of  the
 5    Illinois  Vehicle  Code,  or  a  similar provision of a local
 6    ordinance,  and  the   professional   evaluation   recommends
 7    remedial  or  rehabilitative  treatment or education, neither
 8    the treatment nor the education shall be the sole disposition
 9    and either or both may be imposed only  in  conjunction  with
10    another  disposition. The court shall monitor compliance with
11    any remedial education or treatment recommendations contained
12    in the professional evaluation.  Programs conducting  alcohol
13    or  other  drug  evaluation  or  remedial  education  must be
14    licensed by the Department of Human  Services.   However,  if
15    the  individual  is not a resident of Illinois, the court may
16    accept an  alcohol  or  other  drug  evaluation  or  remedial
17    education   program   in   the  state  of  such  individual's
18    residence.  Programs providing  treatment  must  be  licensed
19    under  existing  applicable  alcoholism  and  drug  treatment
20    licensure standards.
21        In addition to any other fine or penalty required by law,
22    any  individual convicted of a violation of Section 11-501 of
23    the Illinois Vehicle Code,  Section  5-7  of  the  Snowmobile
24    Registration  and  Safety  Act,  Section  5-16  of  the  Boat
25    Registration  and Safety Act, or a similar provision of local
26    ordinance, whose  operation  of  a  motor  vehicle  while  in
27    violation  of  Section  11-501, Section 5-7, Section 5-16, or
28    such ordinance proximately caused an incident resulting in an
29    appropriate emergency response, shall  be  required  to  make
30    restitution  to  a  public  agency  for  the  costs  of  that
31    emergency response.  Such restitution shall not exceed $1,000
32    per  public agency for each such emergency response.  For the
33    purpose of this paragraph, emergency response shall mean  any
34    incident requiring a response by: a police officer as defined
 
                            -22-     LRB093 13297 RLC 18572 b
 1    under  Section  1-162 of the Illinois Vehicle Code; a fireman
 2    carried  on  the  rolls  of  a  regularly  constituted   fire
 3    department; and an ambulance as defined under Section 3.85 of
 4    the Emergency Medical Services (EMS) Systems Act.
 5        Neither   a  fine  nor  restitution  shall  be  the  sole
 6    disposition for a felony and either or both  may  be  imposed
 7    only in conjunction with another disposition.
 8        (c) (1)  When a defendant is found guilty of first degree
 9        murder   the   State   may  either  seek  a  sentence  of
10        imprisonment under Section 5-8-1 of this Code,  or  where
11        appropriate seek a sentence of death under Section 9-1 of
12        the Criminal Code of 1961.
13             (2)  A  period  of  probation,  a  term  of periodic
14        imprisonment  or  conditional  discharge  shall  not   be
15        imposed  for  the  following  offenses.  The  court shall
16        sentence the offender to not less than the  minimum  term
17        of  imprisonment set forth in this Code for the following
18        offenses, and may order a fine or restitution or both  in
19        conjunction with such term of imprisonment:
20                  (A)  First   degree   murder  where  the  death
21             penalty is not imposed.
22                  (B)  Attempted first degree murder.
23                  (C)  A Class X felony.
24                  (D)  A violation of Section 401.1 or 407 of the
25             Illinois Controlled Substances Act, or  a  violation
26             of  subdivision  (c)(1)  or (c)(2) of Section 401 of
27             that Act which relates to more than  5  grams  of  a
28             substance  containing heroin or cocaine or an analog
29             thereof.
30                  (E)  A violation of Section 5.1  or  9  of  the
31             Cannabis Control Act.
32                  (F)  A   Class  2  or  greater  felony  if  the
33             offender had been convicted of a Class 2 or  greater
34             felony  within  10  years  of  the date on which the
 
                            -23-     LRB093 13297 RLC 18572 b
 1             offender committed the offense for which he  or  she
 2             is  being sentenced, except as otherwise provided in
 3             Section 40-10 of the Alcoholism and Other Drug Abuse
 4             and Dependency Act.
 5                  (G)  Residential burglary, except as  otherwise
 6             provided  in  Section  40-10  of  the Alcoholism and
 7             Other Drug Abuse and Dependency Act.
 8                  (H)  Criminal sexual assault.
 9                  (I)  Aggravated battery of a senior citizen.
10                  (J)  A  forcible  felony  if  the  offense  was
11             related to the activities of an organized gang.
12                  Before July 1, 1994, for the purposes  of  this
13             paragraph,  "organized gang" means an association of
14             5 or more persons, with  an  established  hierarchy,
15             that   encourages  members  of  the  association  to
16             perpetrate crimes or provides support to the members
17             of the association who do commit crimes.
18                  Beginning July 1, 1994,  for  the  purposes  of
19             this  paragraph,  "organized  gang"  has the meaning
20             ascribed  to  it  in  Section  10  of  the  Illinois
21             Streetgang Terrorism Omnibus Prevention Act.
22                  (K)  Vehicular hijacking.
23                  (L)  A second or subsequent conviction for  the
24             offense  of  hate  crime when the underlying offense
25             upon  which  the  hate  crime  is  based  is  felony
26             aggravated assault or felony mob action.
27                  (M)  A second or subsequent conviction for  the
28             offense  of institutional vandalism if the damage to
29             the property exceeds $300.
30                  (N)  A Class 3 felony  violation  of  paragraph
31             (1)  of  subsection  (a) of Section 2 of the Firearm
32             Owners Identification Card Act.
33                  (O)  A  violation  of  Section  12-6.1  of  the
34             Criminal Code of 1961.
 
                            -24-     LRB093 13297 RLC 18572 b
 1                  (P)  A violation of paragraph  (1),  (2),  (3),
 2             (4),  (5),  or  (7)  of  subsection  (a)  of Section
 3             11-20.1 of the Criminal Code of 1961.
 4                  (Q)  A violation of Section 20-1.2 or 20-1.3 of
 5             the Criminal Code of 1961.
 6                  (R)  A  violation  of  Section  24-3A  of   the
 7             Criminal Code of 1961.
 8                  (S)  A  violation  of Section 11-501(c-1)(3) of
 9             the Illinois Vehicle Code.
10                  (T)  A  second  or  subsequent   violation   of
11             paragraph (6.6) of subsection (a), subsection (c-5),
12             or  subsection  (d-5) of Section 401 of the Illinois
13             Controlled Substances Act.
14             (3)  A minimum term of imprisonment of not less than
15        5 days  or  30  days  of  community  service  as  may  be
16        determined  by  the  court  shall be imposed for a second
17        violation  committed  within  5  years  of   a   previous
18        violation  of Section 11-501 of the Illinois Vehicle Code
19        or a similar provision of a local ordinance. In the  case
20        of  a  third  or  subsequent violation committed within 5
21        years of a previous violation of Section  11-501  of  the
22        Illinois  Vehicle  Code or a similar provision of a local
23        ordinance,  a  minimum  term  of  either   10   days   of
24        imprisonment  or  60  days  of community service shall be
25        imposed.
26             (4)  A minimum term of imprisonment of not less than
27        10 consecutive days or 30 days of community service shall
28        be imposed for a violation of paragraph  (c)  of  Section
29        6-303 of the Illinois Vehicle Code.
30             (4.1)  A  minimum  term  of  30  consecutive days of
31        imprisonment, 40 days of 24 hour periodic imprisonment or
32        720 hours of community service, as may be  determined  by
33        the  court,  shall  be imposed for a violation of Section
34        11-501 of the Illinois Vehicle Code during  a  period  in
 
                            -25-     LRB093 13297 RLC 18572 b
 1        which  the  defendant's driving privileges are revoked or
 2        suspended, where the revocation or suspension was  for  a
 3        violation  of  Section 11-501 or Section 11-501.1 of that
 4        Code.
 5             (4.2)  Except as provided in paragraph (4.3) of this
 6        subsection (c), a  minimum  of  100  hours  of  community
 7        service  shall  be  imposed  for  a  second  violation of
 8        Section 6-303 of the Illinois Vehicle Code.
 9             (4.3)  A minimum term of imprisonment of 30 days  or
10        300  hours  of  community  service,  as determined by the
11        court,  shall  be  imposed  for  a  second  violation  of
12        subsection (c) of Section 6-303 of the  Illinois  Vehicle
13        Code.
14             (4.4)  Except  as  provided  in  paragraph (4.5) and
15        paragraph (4.6) of this subsection (c), a minimum term of
16        imprisonment  of  30  days  or  300  hours  of  community
17        service, as determined by the court, shall be imposed for
18        a third or subsequent violation of Section 6-303  of  the
19        Illinois Vehicle Code.
20             (4.5)  A  minimum  term  of  imprisonment of 30 days
21        shall be imposed for a third violation of subsection  (c)
22        of Section 6-303 of the Illinois Vehicle Code.
23             (4.6)  A  minimum  term  of imprisonment of 180 days
24        shall be imposed for a fourth or subsequent violation  of
25        subsection  (c)  of Section 6-303 of the Illinois Vehicle
26        Code.
27             (5)  The court may sentence an offender convicted of
28        a business offense or a petty offense or a corporation or
29        unincorporated association convicted of any offense to:
30                  (A)  a period of conditional discharge;
31                  (B)  a fine;
32                  (C)  make  restitution  to  the  victim   under
33             Section 5-5-6 of this Code.
34             (5.1)  In  addition  to  any penalties imposed under
 
                            -26-     LRB093 13297 RLC 18572 b
 1        paragraph (5) of  this  subsection  (c),  and  except  as
 2        provided  in paragraph (5.2) or (5.3), a person convicted
 3        of violating subsection (c)  of  Section  11-907  of  the
 4        Illinois  Vehicle  Code  shall  have  his or her driver's
 5        license, permit, or privileges suspended for at least  90
 6        days  but  not  more  than  one  year,  if  the violation
 7        resulted in damage to the property of another person.
 8             (5.2)  In addition to any  penalties  imposed  under
 9        paragraph  (5)  of  this  subsection  (c),  and except as
10        provided  in  paragraph  (5.3),  a  person  convicted  of
11        violating  subsection  (c)  of  Section  11-907  of   the
12        Illinois  Vehicle  Code  shall  have  his or her driver's
13        license, permit, or privileges suspended for at least 180
14        days but not more than 2 years, if the violation resulted
15        in injury to another person.
16             (5.3)  In addition to any  penalties  imposed  under
17        paragraph  (5) of this subsection (c), a person convicted
18        of violating subsection (c)  of  Section  11-907  of  the
19        Illinois  Vehicle  Code  shall  have  his or her driver's
20        license, permit, or privileges suspended for 2 years,  if
21        the violation resulted in the death of another person.
22             (6)  In  no case shall an offender be eligible for a
23        disposition of probation or conditional discharge  for  a
24        Class  1  felony committed while he was serving a term of
25        probation or conditional discharge for a felony.
26             (7)  When  a  defendant  is  adjudged   a   habitual
27        criminal  under Article 33B of the Criminal Code of 1961,
28        the court shall sentence  the  defendant  to  a  term  of
29        natural life imprisonment.
30             (8)  When  a defendant, over the age of 21 years, is
31        convicted of a Class 1 or Class 2  felony,  after  having
32        twice  been convicted in any state or federal court of an
33        offense that contains the same elements as an offense now
34        classified in Illinois as a  Class  2  or  greater  Class
 
                            -27-     LRB093 13297 RLC 18572 b
 1        felony  and such charges are separately brought and tried
 2        and arise out of different series of acts, such defendant
 3        shall be sentenced as a Class X offender. This  paragraph
 4        shall not apply unless (1) the first felony was committed
 5        after  the effective date of this amendatory Act of 1977;
 6        and (2) the second felony was committed after  conviction
 7        on  the  first;  and  (3)  the third felony was committed
 8        after conviction on the second. A person sentenced  as  a
 9        Class  X offender under this paragraph is not eligible to
10        apply for  treatment  as  a  condition  of  probation  as
11        provided  by  Section  40-10  of the Alcoholism and Other
12        Drug Abuse and Dependency Act.
13             (9)  A defendant convicted of a second or subsequent
14        offense of ritualized abuse of a child may  be  sentenced
15        to a term of natural life imprisonment.
16             (10)  When   a  person  is  convicted  of  violating
17        Section 11-501 of the Illinois Vehicle Code or a  similar
18        provision  of  a local ordinance, the following penalties
19        apply when his or her blood, breath, or urine was .16  or
20        more  based  on the definition of blood, breath, or urine
21        units in Section 11-501.2 or that person is convicted  of
22        violating  Section  11-501  of  the Illinois Vehicle Code
23        while transporting a child under the age of 16:
24                  (A)  For a first violation of subsection (a) of
25             Section 11-501, in addition  to  any  other  penalty
26             that  may be imposed under subsection (c) of Section
27             11-501:  a  mandatory  minimum  of  100   hours   of
28             community service and a minimum fine of $500.
29                  (B)  For  a  second violation of subsection (a)
30             of Section 11-501, in addition to any other  penalty
31             that  may be imposed under subsection (c) of Section
32             11-501 within 10 years: a  mandatory  minimum  of  2
33             days of imprisonment and a minimum fine of $1,250.
34                  (C)  For a third violation of subsection (a) of
 
                            -28-     LRB093 13297 RLC 18572 b
 1             Section  11-501,  in  addition  to any other penalty
 2             that may be imposed under subsection (c) of  Section
 3             11-501  within  20  years: a mandatory minimum of 90
 4             days of imprisonment and a minimum fine of $2,500.
 5                  (D)  For a fourth or  subsequent  violation  of
 6             subsection  (a) of Section 11-501: ineligibility for
 7             a sentence of probation or conditional discharge and
 8             a minimum fine of $2,500.
 9             (11)  Unless  sentencing  under  Section  33B-1   is
10        applicable,  a  term  of imprisonment of not less than 15
11        years nor more than  50  years  shall  be  imposed  on  a
12        defendant who violates Section 33A-2 of the Criminal Code
13        of  1961  with  a  firearm,  when  that  person  has been
14        convicted in any state or federal court of 3 or  more  of
15        the  following  offenses:  treason,  first degree murder,
16        second degree murder, aggravated criminal sexual assault,
17        criminal  sexual  assault,  robbery,   burglary,   arson,
18        kidnaping,  aggravated  battery resulting in great bodily
19        harm or  permanent  disability  or  disfigurement,  or  a
20        violation  of  Section  401(a) of the Illinois Controlled
21        Substances Act, when  the  third  offense  was  committed
22        after  conviction  on  the second, the second offense was
23        committed  after  conviction  on  the  first,   and   the
24        violation  of  Section 33A-2 of the Criminal Code of 1961
25        was committed after conviction on the third.
26             (12)  A term of imprisonment of  not  less  than  10
27        years  and  not  more than 30 years shall be imposed on a
28        defendant who violates Section 33A-2 with  a  Category  I
29        weapon  where the offense was committed in any school, or
30        any conveyance owned, leased, or contracted by  a  school
31        to  transport  students  to  or  from  school or a school
32        related activity, on the  real  property  comprising  any
33        school  or public park, and where the offense was related
34        to the activities of an organized gang. For the  purposes
 
                            -29-     LRB093 13297 RLC 18572 b
 1        of  this paragraph (12), "organized gang" has the meaning
 2        ascribed to it in Section 10 of the  Illinois  Streetgang
 3        Terrorism Omnibus Prevention Act.
 4        (d)  In  any  case in which a sentence originally imposed
 5    is vacated, the case shall be remanded to  the  trial  court.
 6    The  trial  court shall hold a hearing under Section 5-4-1 of
 7    the Unified Code of Corrections which may include evidence of
 8    the defendant's life, moral character and  occupation  during
 9    the  time  since the original sentence was passed.  The trial
10    court shall then impose sentence  upon  the  defendant.   The
11    trial  court  may  impose  any sentence which could have been
12    imposed at the original trial subject to Section 5-5-4 of the
13    Unified Code of Corrections. If  a  sentence  is  vacated  on
14    appeal  or  on  collateral  attack  due to the failure of the
15    trier of fact at trial to determine beyond a reasonable doubt
16    the existence of a  fact  (other  than  a  prior  conviction)
17    necessary  to  increase the punishment for the offense beyond
18    the  statutory  maximum  otherwise  applicable,  either   the
19    defendant  may  be  re-sentenced  to  a term within the range
20    otherwise provided or, if  the  State  files  notice  of  its
21    intention  to again seek the extended sentence, the defendant
22    shall be afforded a new trial.
23        (e)  In cases where prosecution for  aggravated  criminal
24    sexual abuse under Section 12-16 of the Criminal Code of 1961
25    results  in conviction of a defendant who was a family member
26    of the victim at the time of the commission of  the  offense,
27    the court shall consider the safety and welfare of the victim
28    and may impose a sentence of probation only where:
29             (1)  the   court  finds  (A)  or  (B)  or  both  are
30        appropriate:
31                  (A)  the defendant  is  willing  to  undergo  a
32             court  approved  counseling  program  for  a minimum
33             duration of 2 years; or
34                  (B)  the defendant is willing to participate in
 
                            -30-     LRB093 13297 RLC 18572 b
 1             a court approved plan including but not  limited  to
 2             the defendant's:
 3                       (i)  removal from the household;
 4                       (ii)  restricted contact with the victim;
 5                       (iii)  continued  financial support of the
 6                  family;
 7                       (iv)  restitution for  harm  done  to  the
 8                  victim; and
 9                       (v)  compliance  with  any  other measures
10                  that the court may deem appropriate; and
11             (2)  the court orders the defendant to pay  for  the
12        victim's  counseling  services,  to  the  extent that the
13        court finds, after considering the defendant's income and
14        assets, that the  defendant  is  financially  capable  of
15        paying  for  such  services,  if  the victim was under 18
16        years of age at the time the offense  was  committed  and
17        requires counseling as a result of the offense.
18        Probation  may be revoked or modified pursuant to Section
19    5-6-4; except where the court determines at the hearing  that
20    the  defendant  violated  a condition of his or her probation
21    restricting contact with the victim or other  family  members
22    or  commits  another  offense with the victim or other family
23    members, the court shall revoke the defendant's probation and
24    impose a term of imprisonment.
25        For the purposes of this  Section,  "family  member"  and
26    "victim"  shall have the meanings ascribed to them in Section
27    12-12 of the Criminal Code of 1961.
28        (f)  This Article shall not  deprive  a  court  in  other
29    proceedings  to order a forfeiture of property, to suspend or
30    cancel a license, to remove  a  person  from  office,  or  to
31    impose any other civil penalty.
32        (g)  Whenever  a  defendant  is  convicted  of an offense
33    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
34    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
 
                            -31-     LRB093 13297 RLC 18572 b
 1    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
 2    shall  undergo  medical  testing  to  determine  whether  the
 3    defendant has any sexually transmissible disease, including a
 4    test for infection with human immunodeficiency virus (HIV) or
 5    any    other   identified   causative   agent   of   acquired
 6    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
 7    shall  be  performed  only  by appropriately licensed medical
 8    practitioners and may  include  an  analysis  of  any  bodily
 9    fluids  as  well as an examination of the defendant's person.
10    Except as otherwise provided by law, the results of such test
11    shall be kept strictly confidential by all medical  personnel
12    involved in the testing and must be personally delivered in a
13    sealed  envelope  to  the  judge  of  the  court in which the
14    conviction was entered for the judge's inspection in  camera.
15    Acting  in  accordance  with the best interests of the victim
16    and the public,  the  judge  shall  have  the  discretion  to
17    determine  to whom, if anyone, the results of the testing may
18    be revealed. The court shall notify the defendant of the test
19    results.  The court shall also notify the victim if requested
20    by the victim, and if the victim is under the age of  15  and
21    if  requested  by the victim's parents or legal guardian, the
22    court shall notify the victim's parents or legal guardian  of
23    the test results.  The court shall provide information on the
24    availability  of  HIV testing and counseling at Department of
25    Public Health facilities to all parties to whom  the  results
26    of  the  testing  are  revealed  and shall direct the State's
27    Attorney to  provide  the  information  to  the  victim  when
28    possible. A State's Attorney may petition the court to obtain
29    the  results of any HIV test administered under this Section,
30    and the court shall  grant  the  disclosure  if  the  State's
31    Attorney  shows it is relevant in order to prosecute a charge
32    of criminal transmission of HIV under Section 12-16.2 of  the
33    Criminal Code of 1961 against the defendant.  The court shall
34    order  that  the  cost  of any such test shall be paid by the
 
                            -32-     LRB093 13297 RLC 18572 b
 1    county and may  be  taxed  as  costs  against  the  convicted
 2    defendant.
 3        (g-5)  When   an   inmate   is  tested  for  an  airborne
 4    communicable  disease,  as   determined   by   the   Illinois
 5    Department  of  Public  Health  including  but not limited to
 6    tuberculosis, the results of the  test  shall  be  personally
 7    delivered  by  the  warden or his or her designee in a sealed
 8    envelope to the judge of the court in which the  inmate  must
 9    appear  for  the judge's inspection in camera if requested by
10    the judge.  Acting in accordance with the best  interests  of
11    those  in  the courtroom, the judge shall have the discretion
12    to determine what if any precautions  need  to  be  taken  to
13    prevent transmission of the disease in the courtroom.
14        (h)  Whenever  a  defendant  is  convicted  of an offense
15    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
16    Act, the defendant shall undergo medical testing to determine
17    whether   the   defendant   has   been   exposed   to   human
18    immunodeficiency   virus   (HIV)   or  any  other  identified
19    causative agent of acquired immunodeficiency syndrome (AIDS).
20    Except as otherwise provided by law, the results of such test
21    shall be kept strictly confidential by all medical  personnel
22    involved in the testing and must be personally delivered in a
23    sealed  envelope  to  the  judge  of  the  court in which the
24    conviction was entered for the judge's inspection in  camera.
25    Acting  in  accordance with the best interests of the public,
26    the judge shall have the discretion to determine to whom,  if
27    anyone, the results of the testing may be revealed. The court
28    shall  notify  the  defendant  of  a positive test showing an
29    infection with the human immunodeficiency  virus  (HIV).  The
30    court  shall  provide  information on the availability of HIV
31    testing  and  counseling  at  Department  of  Public   Health
32    facilities  to all parties to whom the results of the testing
33    are revealed and shall direct the State's Attorney to provide
34    the information  to  the  victim  when  possible.  A  State's
 
                            -33-     LRB093 13297 RLC 18572 b
 1    Attorney  may petition the court to obtain the results of any
 2    HIV test administered under  this   Section,  and  the  court
 3    shall  grant  the disclosure if the State's Attorney shows it
 4    is relevant in  order  to  prosecute  a  charge  of  criminal
 5    transmission  of  HIV  under  Section 12-16.2 of the Criminal
 6    Code of 1961 against the defendant.  The  court  shall  order
 7    that  the  cost  of any such test shall be paid by the county
 8    and may be taxed as costs against the convicted defendant.
 9        (i)  All fines and penalties imposed under  this  Section
10    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
11    Vehicle  Code,  or  a similar provision of a local ordinance,
12    and any violation of the Child Passenger Protection Act, or a
13    similar provision of a local ordinance,  shall  be  collected
14    and  disbursed by the circuit clerk as provided under Section
15    27.5 of the Clerks of Courts Act.
16        (j)  In cases  when  prosecution  for  any  violation  of
17    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
18    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
19    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
20    12-16 of the Criminal Code of  1961,  any  violation  of  the
21    Illinois  Controlled  Substances Act, or any violation of the
22    Cannabis Control Act results in conviction, a disposition  of
23    court  supervision,  or  an  order of probation granted under
24    Section 10 of the Cannabis Control Act or Section 410 of  the
25    Illinois  Controlled  Substance Act of a defendant, the court
26    shall determine  whether  the  defendant  is  employed  by  a
27    facility  or  center  as  defined under the Child Care Act of
28    1969, a public or private elementary or secondary school,  or
29    otherwise  works  with  children  under  18 years of age on a
30    daily basis.  When a defendant  is  so  employed,  the  court
31    shall  order  the  Clerk  of  the Court to send a copy of the
32    judgment of conviction or order of supervision  or  probation
33    to  the  defendant's  employer  by  certified  mail.  If  the
34    employer of the defendant is a school, the Clerk of the Court
 
                            -34-     LRB093 13297 RLC 18572 b
 1    shall  direct  the  mailing  of  a  copy  of  the judgment of
 2    conviction or  order  of  supervision  or  probation  to  the
 3    appropriate regional superintendent of schools.  The regional
 4    superintendent  of  schools  shall  notify the State Board of
 5    Education of any notification under this subsection.
 6        (j-5)  A defendant at  least  17  years  of  age  who  is
 7    convicted  of  a  felony  and  who  has  not  been previously
 8    convicted of a misdemeanor or felony and who is sentenced  to
 9    a   term  of  imprisonment  in  the  Illinois  Department  of
10    Corrections shall as a condition of his or  her  sentence  be
11    required  by the court to attend educational courses designed
12    to prepare the defendant for a high  school  diploma  and  to
13    work  toward  a high school diploma or to work toward passing
14    the high school level Test of General Educational Development
15    (GED) or to work  toward  completing  a  vocational  training
16    program  offered  by  the  Department  of  Corrections.  If a
17    defendant fails to complete the educational training required
18    by his or her sentence during the term of incarceration,  the
19    Prisoner  Review  Board  shall,  as  a condition of mandatory
20    supervised release, require the defendant, at his or her  own
21    expense,  to  pursue  a  course of study toward a high school
22    diploma or passage of the  GED  test.   The  Prisoner  Review
23    Board  shall  revoke  the  mandatory  supervised release of a
24    defendant who wilfully fails to comply with  this  subsection
25    (j-5)  upon  his  or  her release from confinement in a penal
26    institution while  serving  a  mandatory  supervised  release
27    term;  however, the inability of the defendant after making a
28    good faith effort to obtain financial  aid  or  pay  for  the
29    educational  training shall not be deemed a wilful failure to
30    comply.   The  Prisoner  Review  Board  shall  recommit   the
31    defendant  whose  mandatory  supervised release term has been
32    revoked under this subsection (j-5) as  provided  in  Section
33    3-3-9.   This  subsection (j-5) does not apply to a defendant
34    who has a high school diploma or has successfully passed  the
 
                            -35-     LRB093 13297 RLC 18572 b
 1    GED test. This subsection (j-5) does not apply to a defendant
 2    who is determined by the court to be developmentally disabled
 3    or otherwise mentally incapable of completing the educational
 4    or vocational program.
 5        (k)  A court may not impose a sentence or disposition for
 6    a  felony  or  misdemeanor  that requires the defendant to be
 7    implanted or injected with  or  to  use  any  form  of  birth
 8    control.
 9        (l) (A)  Except   as   provided   in   paragraph  (C)  of
10        subsection (l), whenever a defendant, who is an alien  as
11        defined  by  the  Immigration  and  Nationality  Act,  is
12        convicted of any felony or misdemeanor offense, the court
13        after  sentencing  the  defendant may, upon motion of the
14        State's Attorney, hold sentence in  abeyance  and  remand
15        the  defendant  to the custody of the Attorney General of
16        the United States or his or her designated  agent  to  be
17        deported when:
18                  (1)  a  final  order  of  deportation  has been
19             issued against the defendant pursuant to proceedings
20             under the Immigration and Nationality Act, and
21                  (2)  the deportation of the defendant would not
22             deprecate the seriousness of the defendant's conduct
23             and would not  be  inconsistent  with  the  ends  of
24             justice.
25             Otherwise,  the  defendant  shall  be  sentenced  as
26        provided in this Chapter V.
27             (B)  If the defendant has already been sentenced for
28        a  felony  or  misdemeanor offense, or has been placed on
29        probation under Section 10 of the Cannabis Control Act or
30        Section 410 of the Illinois  Controlled  Substances  Act,
31        the  court  may,  upon  motion of the State's Attorney to
32        suspend the sentence imposed, commit the defendant to the
33        custody of the Attorney General of the United  States  or
34        his or her designated agent when:
 
                            -36-     LRB093 13297 RLC 18572 b
 1                  (1)  a  final  order  of  deportation  has been
 2             issued against the defendant pursuant to proceedings
 3             under the Immigration and Nationality Act, and
 4                  (2)  the deportation of the defendant would not
 5             deprecate the seriousness of the defendant's conduct
 6             and would not  be  inconsistent  with  the  ends  of
 7             justice.
 8             (C)  This subsection (l) does not apply to offenders
 9        who  are  subject  to  the provisions of paragraph (2) of
10        subsection (a) of Section 3-6-3.
11             (D)  Upon motion  of  the  State's  Attorney,  if  a
12        defendant  sentenced  under  this  Section returns to the
13        jurisdiction of the United States, the defendant shall be
14        recommitted to the custody of the county from which he or
15        she was sentenced. Thereafter,  the  defendant  shall  be
16        brought before the sentencing court, which may impose any
17        sentence  that  was  available under Section 5-5-3 at the
18        time of initial sentencing.  In addition,  the  defendant
19        shall  not be eligible for additional good conduct credit
20        for meritorious service as provided under Section 3-6-6.
21        (m)  A  person  convicted  of  criminal   defacement   of
22    property  under  Section 21-1.3 of the Criminal Code of 1961,
23    in which the property damage exceeds $300  and  the  property
24    damaged  is  a  school  building, shall be ordered to perform
25    community service  that  may  include  cleanup,  removal,  or
26    painting over the defacement.
27        (n)  The  court  may  sentence  a  person  convicted of a
28    violation of Section 12-19, 12-21, or 16-1.3 of the  Criminal
29    Code  of  1961  (i) to an impact incarceration program if the
30    person is otherwise eligible for that program  under  Section
31    5-8-1.1, (ii) to community service, or (iii) if the person is
32    an  addict  or  alcoholic,  as  defined in the Alcoholism and
33    Other Drug Abuse  and  Dependency  Act,  to  a  substance  or
34    alcohol abuse program licensed under that Act.
 
                            -37-     LRB093 13297 RLC 18572 b
 1    (Source: P.A.  92-183,  eff.  7-27-01;  92-248,  eff. 8-3-01;
 2    92-283, eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418,  eff.
 3    8-17-01;  92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698,
 4    eff.  7-19-02;  93-44,  eff.  7-1-03;  93-156,  eff.  1-1-04;
 5    93-169, eff.  7-10-03;  93-301,  eff.  1-1-04;  93-419,  eff.
 6    1-1-04; 93-546, eff. 1-1-04; revised 8-27-03.)

 7        (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
 8        Sec. 5-8-1. Sentence of Imprisonment for Felony.
 9        (a)  Except as otherwise provided in the statute defining
10    the offense, a sentence of imprisonment for a felony shall be
11    a  determinate  sentence set by the court under this Section,
12    according to the following limitations:
13             (1)  for first degree murder,
14                  (a)  a term shall be not less than 20 years and
15             not more than 60 years, or
16                  (b)  if  a  trier  of  fact  finds   beyond   a
17             reasonable  doubt that the murder was accompanied by
18             exceptionally brutal or heinous behavior  indicative
19             of  wanton  cruelty  or,  except  as  set  forth  in
20             subsection  (a)(1)(c)  of  this Section, that any of
21             the aggravating factors listed in subsection (b)  of
22             Section  9-1  of  the  Criminal  Code  of  1961  are
23             present,  the  court may sentence the defendant to a
24             term of natural life imprisonment, or
25                  (c)  the court shall sentence the defendant  to
26             a  term  of natural life imprisonment when the death
27             penalty is not imposed if the defendant,
28                       (i)  has  previously  been  convicted   of
29                  first  degree murder under any state or federal
30                  law, or
31                       (ii)  is a person who, at the time of  the
32                  commission  of the murder, had attained the age
33                  of 17 or more and is found guilty of  murdering
 
                            -38-     LRB093 13297 RLC 18572 b
 1                  an  individual  under  12  years  of  age;  or,
 2                  irrespective of the defendant's age at the time
 3                  of  the  commission  of  the  offense, is found
 4                  guilty of murdering more than one victim, or
 5                       (iii)  is  found  guilty  of  murdering  a
 6                  peace officer or fireman when the peace officer
 7                  or  fireman  was  killed  in  the   course   of
 8                  performing  his  official duties, or to prevent
 9                  the peace officer or  fireman  from  performing
10                  his  official duties, or in retaliation for the
11                  peace  officer  or   fireman   performing   his
12                  official  duties,  and  the  defendant  knew or
13                  should have known that the murdered  individual
14                  was a peace officer or fireman, or
15                       (iv)  is  found  guilty  of  murdering  an
16                  employee  of  an institution or facility of the
17                  Department of Corrections, or any similar local
18                  correctional  agency,  when  the  employee  was
19                  killed in the course of performing his official
20                  duties,  or  to  prevent  the   employee   from
21                  performing   his   official   duties,   or   in
22                  retaliation  for  the  employee  performing his
23                  official duties, or
24                       (v)  is  found  guilty  of  murdering   an
25                  emergency   medical   technician  -  ambulance,
26                  emergency medical  technician  -  intermediate,
27                  emergency   medical   technician  -  paramedic,
28                  ambulance driver or other medical assistance or
29                  first  aid   person   while   employed   by   a
30                  municipality  or  other  governmental unit when
31                  the  person  was  killed  in  the   course   of
32                  performing  official  duties  or to prevent the
33                  person from performing official  duties  or  in
34                  retaliation  for performing official duties and
 
                            -39-     LRB093 13297 RLC 18572 b
 1                  the defendant knew or should  have  known  that
 2                  the   murdered   individual  was  an  emergency
 3                  medical  technician  -   ambulance,   emergency
 4                  medical  technician  -  intermediate, emergency
 5                  medical  technician  -   paramedic,   ambulance
 6                  driver, or other medical assistant or first aid
 7                  personnel, or
 8                       (vi)  is  a person who, at the time of the
 9                  commission of the murder, had not attained  the
10                  age  of  17, and is found guilty of murdering a
11                  person under 12 years of age and the murder  is
12                  committed   during  the  course  of  aggravated
13                  criminal  sexual   assault,   criminal   sexual
14                  assault, or aggravated kidnaping, or
15                       (vii)  is  found  guilty  of  first degree
16                  murder and the murder was committed  by  reason
17                  of   any   person's  activity  as  a  community
18                  policing volunteer or  to  prevent  any  person
19                  from   engaging  in  activity  as  a  community
20                  policing volunteer.  For the  purpose  of  this
21                  Section, "community policing volunteer" has the
22                  meaning  ascribed to it in Section 2-3.5 of the
23                  Criminal Code of 1961.
24                  For purposes of clause (v), "emergency  medical
25             technician    -   ambulance",   "emergency   medical
26             technician  -  intermediate",   "emergency   medical
27             technician  - paramedic", have the meanings ascribed
28             to them in  the  Emergency  Medical  Services  (EMS)
29             Systems Act.
30                  (d) (i)  if  the  person  committed the offense
31                  while armed with a firearm, 15 years  shall  be
32                  added  to  the  term of imprisonment imposed by
33                  the court;
34                       (ii)  if, during  the  commission  of  the
 
                            -40-     LRB093 13297 RLC 18572 b
 1                  offense,  the  person  personally  discharged a
 2                  firearm, 20 years shall be added to the term of
 3                  imprisonment imposed by the court;
 4                       (iii)  if, during the  commission  of  the
 5                  offense,  the  person  personally  discharged a
 6                  firearm that proximately  caused  great  bodily
 7                  harm,     permanent    disability,    permanent
 8                  disfigurement, or death to another  person,  25
 9                  years  or up to a term of natural life shall be
10                  added to the term of  imprisonment  imposed  by
11                  the court.
12             (1.5)  for second degree murder, a term shall be not
13        less than 4 years and not more than 20 years;
14             (2)  for a person adjudged a habitual criminal under
15        Article 33B of the Criminal Code of 1961, as amended, the
16        sentence shall be a term of natural life imprisonment;
17             (2.5)  for    a    person    convicted   under   the
18        circumstances described in paragraph  (3)  of  subsection
19        (b)  of Section 12-13, paragraph (2) of subsection (d) of
20        Section 12-14,  paragraph  (1.2)  of  subsection  (b)  of
21        Section  12-14.1,  or  paragraph (2) of subsection (b) of
22        Section  12-14.1  of  the  Criminal  Code  of  1961,  the
23        sentence shall be a term of natural life imprisonment;
24             (3)  except as otherwise  provided  in  the  statute
25        defining  the offense, for a Class X felony, the sentence
26        shall be not less than 6  years  and  not  more  than  30
27        years;
28             (4)  for  a Class 1 felony, other than second degree
29        murder, the sentence shall be not less than 4  years  and
30        not more than 15 years;
31             (5)  for a Class 2 felony, the sentence shall be not
32        less than 3 years and not more than 7 years;
33             (6)  for a Class 3 felony, the sentence shall be not
34        less than 2 years and not more than 5 years;
 
                            -41-     LRB093 13297 RLC 18572 b
 1             (7)  for a Class 4 felony, the sentence shall be not
 2        less than 1 year and not more than 3 years.
 3        (b)  The sentencing judge in each felony conviction shall
 4    set forth his reasons for imposing the particular sentence he
 5    enters  in  the  case,  as  provided in Section 5-4-1 of this
 6    Code.   Those  reasons  may   include   any   mitigating   or
 7    aggravating  factors  specified  in this Code, or the lack of
 8    any such circumstances, as well as any other such factors  as
 9    the  judge  shall set forth on the record that are consistent
10    with the purposes and principles of  sentencing  set  out  in
11    this Code.
12        (c)  A  motion  to  reduce a sentence may be made, or the
13    court may reduce a sentence without motion,  within  30  days
14    after  the  sentence  is imposed.  A defendant's challenge to
15    the correctness of  a  sentence  or  to  any  aspect  of  the
16    sentencing  hearing  shall  be made by a written motion filed
17    within  30  days  following  the  imposition   of   sentence.
18    However,  the  court  may  not increase a sentence once it is
19    imposed.
20        If a motion filed pursuant to this subsection  is  timely
21    filed  within  30  days  after  the  sentence is imposed, the
22    proponent of the  motion  shall  exercise  due  diligence  in
23    seeking  a  determination  on  the motion and the court shall
24    thereafter decide such motion within a reasonable time.
25        If a motion filed pursuant to this subsection  is  timely
26    filed  within 30 days after the sentence is imposed, then for
27    purposes of perfecting an appeal, a final judgment shall  not
28    be considered to have been entered until the motion to reduce
29    a  sentence  has  been  decided by order entered by the trial
30    court.
31        A motion filed pursuant to this subsection shall  not  be
32    considered  to have been timely filed unless it is filed with
33    the circuit court clerk within 30 days after the sentence  is
34    imposed  together  with  a  notice of motion, which notice of
 
                            -42-     LRB093 13297 RLC 18572 b
 1    motion shall set the motion on the court's calendar on a date
 2    certain within a reasonable time after the date of filing.
 3        (d)  Except where a term  of  natural  life  is  imposed,
 4    every sentence shall include as though written therein a term
 5    in  addition to the term of imprisonment. For those sentenced
 6    under the law in effect prior to February 1, 1978, such  term
 7    shall be identified as a parole term.  For those sentenced on
 8    or after February 1, 1978, such term shall be identified as a
 9    mandatory   supervised  release  term.   Subject  to  earlier
10    termination under Section  3-3-8,  the  parole  or  mandatory
11    supervised release term shall be as follows:
12             (1)  for  first degree murder or a Class X felony, 3
13        years;
14             (2)  for a Class 1 felony or a  Class  2  felony,  2
15        years;
16             (3)  for  a  Class  3  felony or a Class 4 felony, 1
17        year;
18             (4)  if the victim is under 18 years of age,  for  a
19        second  or  subsequent offense of criminal sexual assault
20        or aggravated criminal sexual assault, 5 years, at  least
21        the  first  2 years of which the defendant shall serve in
22        an electronic home detention program under Article 8A  of
23        Chapter V of this Code;
24             (5)  if  the  victim is under 18 years of age, for a
25        second  or  subsequent  offense  of  aggravated  criminal
26        sexual abuse or felony criminal sexual abuse, 4 years, at
27        least the first 2 years  of  which  the  defendant  shall
28        serve  in  an  electronic  home  detention  program under
29        Article 8A of Chapter V of this Code.
30        (e)  A  defendant  who  has  a  previous  and   unexpired
31    sentence  of  imprisonment imposed by another state or by any
32    district court of the United States and who,  after  sentence
33    for  a  crime in Illinois, must return to serve the unexpired
34    prior sentence may have his sentence by  the  Illinois  court
 
                            -43-     LRB093 13297 RLC 18572 b
 1    ordered to be concurrent with the prior sentence in the other
 2    state.  The  court  may  order  that  any  time served on the
 3    unexpired portion of the sentence in the other  state,  prior
 4    to  his return to Illinois, shall be credited on his Illinois
 5    sentence. The other state shall be furnished with a  copy  of
 6    the  order  imposing  sentence which shall provide that, when
 7    the offender is released from confinement of the other state,
 8    whether by parole or by termination of sentence, the offender
 9    shall be transferred by the Sheriff of the committing  county
10    to  the  Illinois  Department of Corrections. The court shall
11    cause the Department of Corrections to be  notified  of  such
12    sentence  at  the  time of commitment and to be provided with
13    copies of all records regarding the sentence.
14        (f)  A  defendant  who  has  a  previous  and   unexpired
15    sentence of imprisonment imposed by an Illinois circuit court
16    for  a  crime in this State and who is subsequently sentenced
17    to a term of imprisonment by another state or by any district
18    court of the United States and  who  has  served  a  term  of
19    imprisonment  imposed by the other state or district court of
20    the United States, and must  return to  serve  the  unexpired
21    prior  sentence  imposed  by  the  Illinois Circuit Court may
22    apply to  the  court  which  imposed  sentence  to  have  his
23    sentence reduced.
24        The  circuit  court may order that any time served on the
25    sentence imposed by the other state or district court of  the
26    United  States  be  credited  on  his Illinois sentence. Such
27    application  for   reduction  of  a   sentence   under   this
28    subsection  (f)  shall  be  made  within  30  days  after the
29    defendant has completed the sentence  imposed  by  the  other
30    state or district court of the United States.
31    (Source: P.A.  91-279,  eff.  1-1-00;  91-404,  eff.  1-1-00;
32    91-953, eff. 2-23-01; 92-16, eff. 6-28-01.)

33        (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
 
                            -44-     LRB093 13297 RLC 18572 b
 1        Sec.   5-8-4.  Concurrent   and   Consecutive   Terms  of
 2    Imprisonment.
 3        (a)  When multiple sentences of imprisonment are  imposed
 4    on  a  defendant  at  the  same  time,  or  when  a  term  of
 5    imprisonment is imposed on a defendant who is already subject
 6    to  sentence  in  this  State  or  in another state, or for a
 7    sentence imposed by any district court of the United  States,
 8    the  sentences  shall  run  concurrently  or consecutively as
 9    determined by the court.  When  a  term  of  imprisonment  is
10    imposed  on  a defendant by an Illinois circuit court and the
11    defendant is subsequently sentenced to a term of imprisonment
12    by another state or by a district court of the United States,
13    the Illinois circuit court which  imposed  the  sentence  may
14    order  that the Illinois sentence be made concurrent with the
15    sentence imposed by the other state or district court of  the
16    United  States. The defendant must apply to the circuit court
17    within 30 days after the defendant's sentence imposed by  the
18    other  state  or  district of the United States is finalized.
19    The court shall impose consecutive sentences if:
20             (i)  one of the offenses  for  which  defendant  was
21        convicted was first degree murder or a Class X or Class 1
22        felony  and the defendant inflicted severe bodily injury,
23        or
24             (ii)  the defendant was convicted of a violation  of
25        Section  12-13, 12-14, or 12-14.1 of the Criminal Code of
26        1961, or
27             (iii)  (blank) the defendant was convicted of  armed
28        violence based upon the predicate offense of solicitation
29        of  murder,  solicitation  of  murder  for  hire, heinous
30        battery, aggravated battery of a senior citizen, criminal
31        sexual assault, a violation of subsection (g) of  Section
32        5 of the Cannabis Control Act,  cannabis  trafficking,  a
33        violation  of  subsection  (a)  of  Section  401  of  the
34        Illinois  Controlled Substances Act, controlled substance
 
                            -45-     LRB093 13297 RLC 18572 b
 1        trafficking  involving  a  Class  X  felony   amount   of
 2        controlled  substance  under  Section 401 of the Illinois
 3        Controlled  Substances  Act,  calculated  criminal   drug
 4        conspiracy, or streetgang criminal drug conspiracy, or
 5             (iv)  the  defendant was convicted of the offense of
 6        leaving the scene of a motor vehicle  accident  involving
 7        death  or  personal  injuries  under  Section  11-401 and
 8        either: (A) aggravated driving  under  the  influence  of
 9        alcohol, other drug or drugs, or intoxicating compound or
10        compounds,  or  any  combination  thereof  under  Section
11        11-501  of  the  Illinois  Vehicle  Code, or (B) reckless
12        homicide under Section 9-3 of the Criminal Code of  1961,
13        or  both  an  offense described in subdivision (A) and an
14        offense described in subdivision (B),
15    in which  event  the  court  shall  enter  sentences  to  run
16    consecutively.   Sentences   shall  run  concurrently  unless
17    otherwise specified by the court.
18        (b)  Except in  cases  where  consecutive  sentences  are
19    mandated, the court shall impose concurrent sentences unless,
20    having  regard to the nature and circumstances of the offense
21    and the history and character of the defendant, it is of  the
22    opinion  that  consecutive  sentences are required to protect
23    the public from further criminal conduct  by  the  defendant,
24    the basis for which the court shall set forth in the record.
25        (c) (1)  For  sentences imposed under law in effect prior
26        to February 1, 1978 the aggregate maximum of  consecutive
27        sentences  shall  not  exceed the maximum term authorized
28        under Section 5-8-1  for  the  2  most  serious  felonies
29        involved.   The  aggregate  minimum period of consecutive
30        sentences shall  not  exceed  the  highest  minimum  term
31        authorized  under  Section  5-8-1  for the 2 most serious
32        felonies involved. When sentenced only for  misdemeanors,
33        a  defendant shall not be consecutively sentenced to more
34        than the maximum for one Class A misdemeanor.
 
                            -46-     LRB093 13297 RLC 18572 b
 1             (2)  For sentences imposed under the law  in  effect
 2        on   or   after   February  1,  1978,  the  aggregate  of
 3        consecutive sentences for offenses that were committed as
 4        part of a single course of conduct during which there was
 5        no substantial change  in  the  nature  of  the  criminal
 6        objective  shall  not exceed the sum of the maximum terms
 7        authorized under Section 5-8-2 for  the  2  most  serious
 8        felonies involved, but no such limitation shall apply for
 9        offenses  that  were  not  committed  as part of a single
10        course of conduct during which there was  no  substantial
11        change  in  the  nature  of  the criminal objective. When
12        sentenced only for misdemeanors, a defendant shall not be
13        consecutively sentenced to more than the maximum for  one
14        Class A misdemeanor.
15        (d)  An offender serving a sentence for a misdemeanor who
16    is  convicted of a felony and sentenced to imprisonment shall
17    be transferred to the  Department  of  Corrections,  and  the
18    misdemeanor  sentence shall be merged in and run concurrently
19    with the felony sentence.
20        (e)  In  determining  the  manner  in  which  consecutive
21    sentences of imprisonment, one or more  of  which  is  for  a
22    felony,  will  be served, the Department of Corrections shall
23    treat the offender as though he  had  been  committed  for  a
24    single term with the following incidents:
25             (1)  the  maximum  period  of a term of imprisonment
26        shall consist of the aggregate of  the  maximums  of  the
27        imposed  indeterminate  terms, if any, plus the aggregate
28        of the imposed determinate sentences  for  felonies  plus
29        the  aggregate  of  the imposed determinate sentences for
30        misdemeanors subject to paragraph (c) of this Section;
31             (2)  the parole or mandatory supervised release term
32        shall be as provided in paragraph (e) of Section 5-8-1 of
33        this Code for the most serious of the offenses involved;
34             (3)  the minimum period of imprisonment shall be the
 
                            -47-     LRB093 13297 RLC 18572 b
 1        aggregate of  the  minimum  and  determinate  periods  of
 2        imprisonment  imposed  by the court, subject to paragraph
 3        (c) of this Section; and
 4             (4)  the offender shall be  awarded  credit  against
 5        the aggregate maximum term and the aggregate minimum term
 6        of  imprisonment  for  all  time served in an institution
 7        since the commission of the offense or offenses and as  a
 8        consequence  thereof  at  the  rate  specified in Section
 9        3-6-3 of this Code.
10        (f)  A  sentence  of  an  offender   committed   to   the
11    Department  of  Corrections  at the time of the commission of
12    the offense shall be served consecutive to the sentence under
13    which he is held by the Department of  Corrections.  However,
14    in  case  such  offender  shall be sentenced to punishment by
15    death, the sentence shall be executed at  such  time  as  the
16    court may fix without regard to the sentence under which such
17    offender may be held by the Department.
18        (g)  A   sentence  under  Section  3-6-4  for  escape  or
19    attempted escape shall be served  consecutive  to  the  terms
20    under  which  the  offender  is  held  by  the  Department of
21    Corrections.
22        (h)  If a person charged with a felony commits a separate
23    felony while on pre-trial release or in pretrial detention in
24    a county jail facility  or  county  detention  facility,  the
25    sentences  imposed upon conviction of these felonies shall be
26    served consecutively regardless of the  order  in  which  the
27    judgments of conviction are entered.
28        (i)  If a person admitted to bail following conviction of
29    a felony commits a separate felony while free on bond or if a
30    person detained in a county jail facility or county detention
31    facility  following conviction of a felony commits a separate
32    felony while in detention, any sentence following  conviction
33    of  the  separate  felony shall be consecutive to that of the
34    original sentence for which the  defendant  was  on  bond  or
 
                            -48-     LRB093 13297 RLC 18572 b
 1    detained.
 2    (Source:  P.A.  92-16,  eff.  6-28-01;  92-674,  eff. 1-1-03;
 3    93-160, eff. 7-10-03.)