Rep. Michael J. Zalewski

Filed: 1/6/2017

 

 


 

 


 
09900SB1824ham006LRB099 09089 RLC 52214 a

1
AMENDMENT TO SENATE BILL 1824

2    AMENDMENT NO. ______. Amend Senate Bill 1824, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Identification Act is amended by
6changing Section 2.1 as follows:
 
7    (20 ILCS 2630/2.1)  (from Ch. 38, par. 206-2.1)
8    Sec. 2.1. For the purpose of maintaining complete and
9accurate criminal records of the Department of State Police, it
10is necessary for all policing bodies of this State, the clerk
11of the circuit court, the Illinois Department of Corrections,
12the sheriff of each county, and State's Attorney of each county
13to submit certain criminal arrest, charge, and disposition
14information to the Department for filing at the earliest time
15possible. Unless otherwise noted herein, it shall be the duty
16of all policing bodies of this State, the clerk of the circuit

 

 

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1court, the Illinois Department of Corrections, the sheriff of
2each county, and the State's Attorney of each county to report
3such information as provided in this Section, both in the form
4and manner required by the Department and within 30 days of the
5criminal history event. Specifically:
6    (a) Arrest Information. All agencies making arrests for
7offenses which are required by statute to be collected,
8maintained or disseminated by the Department of State Police
9shall be responsible for furnishing daily to the Department
10fingerprints, charges and descriptions of all persons who are
11arrested for such offenses. All such agencies shall also notify
12the Department of all decisions by the arresting agency not to
13refer such arrests for prosecution. With approval of the
14Department, an agency making such arrests may enter into
15arrangements with other agencies for the purpose of furnishing
16daily such fingerprints, charges and descriptions to the
17Department upon its behalf.
18    (b) Charge Information. The State's Attorney of each county
19shall notify the Department of all charges filed and all
20petitions filed alleging that a minor is delinquent, including
21all those added subsequent to the filing of a case, and whether
22charges were not filed in cases for which the Department has
23received information required to be reported pursuant to
24paragraph (a) of this Section. With approval of the Department,
25the State's Attorney may enter into arrangements with other
26agencies for the purpose of furnishing the information required

 

 

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1by this subsection (b) to the Department upon the State's
2Attorney's behalf.
3    (c) Disposition Information. The clerk of the circuit court
4of each county shall furnish the Department, in the form and
5manner required by the Supreme Court, with all final
6dispositions of cases for which the Department has received
7information required to be reported pursuant to paragraph (a)
8or (d) of this Section. Such information shall include, for
9each charge, all (1) judgments of not guilty, judgments of
10guilty including the sentence pronounced by the court with
11statutory citations to the relevant sentencing provision,
12findings that a minor is delinquent and any sentence made based
13on those findings, discharges and dismissals in the court; (2)
14reviewing court orders filed with the clerk of the circuit
15court which reverse or remand a reported conviction or findings
16that a minor is delinquent or that vacate or modify a sentence
17or sentence made following a trial that a minor is delinquent;
18(3) continuances to a date certain in furtherance of an order
19of supervision granted under Section 5-6-1 of the Unified Code
20of Corrections or an order of probation granted under Section
2110 of the Cannabis Control Act, Section 410 of the Illinois
22Controlled Substances Act, Section 70 of the Methamphetamine
23Control and Community Protection Act, Section 12-4.3 or
24subdivision (b)(1) of Section 12-3.05 of the Criminal Code of
251961 or the Criminal Code of 2012, Section 10-102 of the
26Illinois Alcoholism and Other Drug Dependency Act, Section

 

 

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140-10 of the Alcoholism and Other Drug Abuse and Dependency
2Act, Section 10 of the Steroid Control Act, or Section 5-615 of
3the Juvenile Court Act of 1987; and (4) judgments or court
4orders terminating or revoking a sentence to or juvenile
5disposition of probation, supervision or conditional discharge
6and any resentencing or new court orders entered by a juvenile
7court relating to the disposition of a minor's case involving
8delinquency after such revocation.
9    (d) Fingerprints After Sentencing.
10        (1) After the court pronounces sentence, sentences a
11    minor following a trial in which a minor was found to be
12    delinquent or issues an order of supervision or an order of
13    probation granted under Section 10 of the Cannabis Control
14    Act, Section 410 of the Illinois Controlled Substances Act,
15    Section 70 of the Methamphetamine Control and Community
16    Protection Act, Section 12-4.3 or subdivision (b)(1) of
17    Section 12-3.05 of the Criminal Code of 1961 or the
18    Criminal Code of 2012, Section 10-102 of the Illinois
19    Alcoholism and Other Drug Dependency Act, Section 40-10 of
20    the Alcoholism and Other Drug Abuse and Dependency Act,
21    Section 10 of the Steroid Control Act, or Section 5-615 of
22    the Juvenile Court Act of 1987 for any offense which is
23    required by statute to be collected, maintained, or
24    disseminated by the Department of State Police, the State's
25    Attorney of each county shall ask the court to order a law
26    enforcement agency to fingerprint immediately all persons

 

 

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1    appearing before the court who have not previously been
2    fingerprinted for the same case. The court shall so order
3    the requested fingerprinting, if it determines that any
4    such person has not previously been fingerprinted for the
5    same case. The law enforcement agency shall submit such
6    fingerprints to the Department daily.
7        (2) After the court pronounces sentence or makes a
8    disposition of a case following a finding of delinquency
9    for any offense which is not required by statute to be
10    collected, maintained, or disseminated by the Department
11    of State Police, the prosecuting attorney may ask the court
12    to order a law enforcement agency to fingerprint
13    immediately all persons appearing before the court who have
14    not previously been fingerprinted for the same case. The
15    court may so order the requested fingerprinting, if it
16    determines that any so sentenced person has not previously
17    been fingerprinted for the same case. The law enforcement
18    agency may retain such fingerprints in its files.
19    (e) Corrections Information. The Illinois Department of
20Corrections and the sheriff of each county shall furnish the
21Department with all information concerning the receipt,
22escape, execution, death, release, pardon, parole, commutation
23of sentence, granting of executive clemency or discharge of an
24individual who has been sentenced or committed to the agency's
25custody for any offenses which are mandated by statute to be
26collected, maintained or disseminated by the Department of

 

 

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1State Police. For an individual who has been charged with any
2such offense and who escapes from custody or dies while in
3custody, all information concerning the receipt and escape or
4death, whichever is appropriate, shall also be so furnished to
5the Department.
6(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
7    Section 10. The Clerks of Courts Act is amended by changing
8Section 14 as follows:
 
9    (705 ILCS 105/14)  (from Ch. 25, par. 14)
10    Sec. 14. The clerks shall enter of record all judgments and
11orders of their respective courts, as soon after the rendition
12or making thereof as practicable.
13    Immediately after a judgment of dissolution of marriage or
14declaration of invalidity of marriage is granted in this State,
15the clerk of the court which granted the judgment of
16dissolution of marriage or declaration of invalidity of
17marriage shall complete and sign the form furnished by the
18Department of Public Health, and forward such form to the
19Department of Public Health within 45 days after the close of
20the month in which the judgment is rendered.
21    The clerk of the circuit court of each county shall, on a
22monthly basis, provide electronic copies of sentencing orders
23of persons sentenced under Section 5-4.5-110 of the Unified
24Code of Corrections to the Sentencing Policy Advisory Council

 

 

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1for the purposes of analysis and reporting.
2(Source: P.A. 83-346.)
 
3    Section 15. The Criminal Code of 2012 is amended by
4changing Sections 24-1.1 and 24-1.6 as follows:
 
5    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
6    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
7Felons or Persons in the Custody of the Department of
8Corrections Facilities.
9    (a) It is unlawful for a person to knowingly possess on or
10about his person or on his land or in his own abode or fixed
11place of business any weapon prohibited under Section 24-1 of
12this Act or any firearm or any firearm ammunition if the person
13has been convicted of a felony under the laws of this State or
14any other jurisdiction. This Section shall not apply if the
15person has been granted relief by the Director of the
16Department of State Police under Section 10 of the Firearm
17Owners Identification Card Act.
18    (b) It is unlawful for any person confined in a penal
19institution, which is a facility of the Illinois Department of
20Corrections, to possess any weapon prohibited under Section
2124-1 of this Code or any firearm or firearm ammunition,
22regardless of the intent with which he possesses it.
23    (c) It shall be an affirmative defense to a violation of
24subsection (b), that such possession was specifically

 

 

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1authorized by rule, regulation, or directive of the Illinois
2Department of Corrections or order issued pursuant thereto.
3    (d) The defense of necessity is not available to a person
4who is charged with a violation of subsection (b) of this
5Section.
6    (e) Sentence. Violation of this Section by a person not
7confined in a penal institution shall be a Class 3 felony for
8which the person shall be sentenced to no less than 2 years and
9no more than 10 years. A and any second or subsequent violation
10of this Section shall be a Class 2 felony for which the person
11shall be sentenced to a term of imprisonment of not less than 3
12years and not more than 14 years, except as provided for in
13Section 5-4.5-110 of the Unified Code of Corrections. Violation
14of this Section by a person not confined in a penal institution
15who has been convicted of a forcible felony, a felony violation
16of Article 24 of this Code or of the Firearm Owners
17Identification Card Act, stalking or aggravated stalking, or a
18Class 2 or greater felony under the Illinois Controlled
19Substances Act, the Cannabis Control Act, or the
20Methamphetamine Control and Community Protection Act is a Class
212 felony for which the person shall be sentenced to not less
22than 3 years and not more than 14 years, except as provided for
23in Section 5-4.5-110 of the Unified Code of Corrections.
24Violation of this Section by a person who is on parole or
25mandatory supervised release is a Class 2 felony for which the
26person shall be sentenced to not less than 3 years and not more

 

 

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1than 14 years, except as provided for in Section 5-4.5-110 of
2the Unified Code of Corrections. Violation of this Section by a
3person not confined in a penal institution is a Class X felony
4when the firearm possessed is a machine gun. Any person who
5violates this Section while confined in a penal institution,
6which is a facility of the Illinois Department of Corrections,
7is guilty of a Class 1 felony, if he possesses any weapon
8prohibited under Section 24-1 of this Code regardless of the
9intent with which he possesses it, a Class X felony if he
10possesses any firearm, firearm ammunition or explosive, and a
11Class X felony for which the offender shall be sentenced to not
12less than 12 years and not more than 50 years when the firearm
13possessed is a machine gun. A violation of this Section while
14wearing or in possession of body armor as defined in Section
1533F-1 is a Class X felony punishable by a term of imprisonment
16of not less than 10 years and not more than 40 years. The
17possession of each firearm or firearm ammunition in violation
18of this Section constitutes a single and separate violation.
19(Source: P.A. 97-237, eff. 1-1-12.)
 
20    (720 ILCS 5/24-1.6)
21    Sec. 24-1.6. Aggravated unlawful use of a weapon.
22    (a) A person commits the offense of aggravated unlawful use
23of a weapon when he or she knowingly:
24        (1) Carries on or about his or her person or in any
25    vehicle or concealed on or about his or her person except

 

 

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1    when on his or her land or in his or her abode, legal
2    dwelling, or fixed place of business, or on the land or in
3    the legal dwelling of another person as an invitee with
4    that person's permission, any pistol, revolver, stun gun or
5    taser or other firearm; or
6        (2) Carries or possesses on or about his or her person,
7    upon any public street, alley, or other public lands within
8    the corporate limits of a city, village or incorporated
9    town, except when an invitee thereon or therein, for the
10    purpose of the display of such weapon or the lawful
11    commerce in weapons, or except when on his or her own land
12    or in his or her own abode, legal dwelling, or fixed place
13    of business, or on the land or in the legal dwelling of
14    another person as an invitee with that person's permission,
15    any pistol, revolver, stun gun or taser or other firearm;
16    and
17        (3) One of the following factors is present:
18            (A) the firearm, other than a pistol, revolver, or
19        handgun, possessed was uncased, loaded, and
20        immediately accessible at the time of the offense; or
21            (A-5) the pistol, revolver, or handgun possessed
22        was uncased, loaded, and immediately accessible at the
23        time of the offense and the person possessing the
24        pistol, revolver, or handgun has not been issued a
25        currently valid license under the Firearm Concealed
26        Carry Act; or

 

 

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1            (B) the firearm, other than a pistol, revolver, or
2        handgun, possessed was uncased, unloaded, and the
3        ammunition for the weapon was immediately accessible
4        at the time of the offense; or
5            (B-5) the pistol, revolver, or handgun possessed
6        was uncased, unloaded, and the ammunition for the
7        weapon was immediately accessible at the time of the
8        offense and the person possessing the pistol,
9        revolver, or handgun has not been issued a currently
10        valid license under the Firearm Concealed Carry Act; or
11            (C) the person possessing the firearm has not been
12        issued a currently valid Firearm Owner's
13        Identification Card; or
14            (D) the person possessing the weapon was
15        previously adjudicated a delinquent minor under the
16        Juvenile Court Act of 1987 for an act that if committed
17        by an adult would be a felony; or
18            (E) the person possessing the weapon was engaged in
19        a misdemeanor violation of the Cannabis Control Act, in
20        a misdemeanor violation of the Illinois Controlled
21        Substances Act, or in a misdemeanor violation of the
22        Methamphetamine Control and Community Protection Act;
23        or
24            (F) (blank); or
25            (G) the person possessing the weapon had an a order
26        of protection issued against him or her within the

 

 

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1        previous 2 years; or
2            (H) the person possessing the weapon was engaged in
3        the commission or attempted commission of a
4        misdemeanor involving the use or threat of violence
5        against the person or property of another; or
6            (I) the person possessing the weapon was under 21
7        years of age and in possession of a handgun, unless the
8        person under 21 is engaged in lawful activities under
9        the Wildlife Code or described in subsection
10        24-2(b)(1), (b)(3), or 24-2(f).
11    (a-5) "Handgun" as used in this Section has the meaning
12given to it in Section 5 of the Firearm Concealed Carry Act.
13    (b) "Stun gun or taser" as used in this Section has the
14same definition given to it in Section 24-1 of this Code.
15    (c) This Section does not apply to or affect the
16transportation or possession of weapons that:
17        (i) are broken down in a non-functioning state; or
18        (ii) are not immediately accessible; or
19        (iii) are unloaded and enclosed in a case, firearm
20    carrying box, shipping box, or other container by a person
21    who has been issued a currently valid Firearm Owner's
22    Identification Card.
23    (d) Sentence.
24         (1) Aggravated unlawful use of a weapon is a Class 4
25    felony; a second or subsequent offense is a Class 2 felony
26    for which the person shall be sentenced to a term of

 

 

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1    imprisonment of not less than 3 years and not more than 7
2    years, except as provided for in Section 5-4.5-110 of the
3    Unified Code of Corrections.
4        (2) Except as otherwise provided in paragraphs (3) and
5    (4) of this subsection (d), a first offense of aggravated
6    unlawful use of a weapon committed with a firearm by a
7    person 18 years of age or older where the factors listed in
8    both items (A) and (C) or both items (A-5) and (C) of
9    paragraph (3) of subsection (a) are present is a Class 4
10    felony, for which the person shall be sentenced to a term
11    of imprisonment of not less than one year and not more than
12    3 years.
13        (3) Aggravated unlawful use of a weapon by a person who
14    has been previously convicted of a felony in this State or
15    another jurisdiction is a Class 2 felony for which the
16    person shall be sentenced to a term of imprisonment of not
17    less than 3 years and not more than 7 years, except as
18    provided for in Section 5-4.5-110 of the Unified Code of
19    Corrections.
20        (4) Aggravated unlawful use of a weapon while wearing
21    or in possession of body armor as defined in Section 33F-1
22    by a person who has not been issued a valid Firearms
23    Owner's Identification Card in accordance with Section 5 of
24    the Firearm Owners Identification Card Act is a Class X
25    felony.
26    (e) The possession of each firearm in violation of this

 

 

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1Section constitutes a single and separate violation.
2(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
 
3    Section 20. The Unified Code of Corrections is amended by
4changing Section 5-8-8 and by adding Section 5-4.5-110 as
5follows:
 
6    (730 ILCS 5/5-4.5-110 new)
7    Sec. 5-4.5-110. SENTENCING OF INDIVIDUALS WITH PRIOR
8FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
9    (a) DEFINITIONS. For the purposes of this Section:
10        "Firearm" has the meaning ascribed to it in Section 1.1
11    of the Firearm Owners Identification Card Act.
12        "Qualifying predicate offense" means the following
13    offenses under the Criminal Code of 2012:
14            (A) aggravated unlawful use of a weapon under
15        Section 24-1.6 or a similar provision under the
16        Criminal Code of 1961, when the weapon is a firearm;
17            (B) unlawful use or possession of a weapon by a
18        felon under 24-1.1 or a similar provision under the
19        Criminal Code of 1961, when the weapon is a firearm;
20            (C) first degree murder under Section 9-1 or a
21        similar provision under the Criminal Code of 1961;
22            (D) attempted first degree murder with a firearm or
23        a similar provision under the Criminal Code of 1961;
24            (E) aggravated kidnapping with a firearm under

 

 

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1        paragraph (6) or (7) of subsection (a) of Section 10-2
2        or a similar provision under the Criminal Code of 1961;
3            (F) aggravated battery with a firearm under
4        subsection (e) of Section 12-3.05 or a similar
5        provision under the Criminal Code of 1961;
6            (G) aggravated criminal sexual assault under
7        Section 11-1.30 or a similar provision under the
8        Criminal Code of 1961;
9            (H) predatory criminal sexual assault of a child
10        under Section 11-1.40 or a similar provision under the
11        Criminal Code of 1961;
12            (I) armed robbery under Section 18-2 or a similar
13        provision under the Criminal Code of 1961;
14            (J) vehicular hijacking under Section 18-3 or a
15        similar provision under the Criminal Code of 1961;
16            (K) aggravated vehicular hijacking under Section
17        18-4 or a similar provision under the Criminal Code of
18        1961;
19            (L) home invasion with a firearm under paragraph
20        (3), (4), or (5) of subsection (a) of Section 19-6 or a
21        similar provision under the Criminal Code of 1961;
22            (M) aggravated discharge of a firearm under
23        Section 24-1.2 or a similar provision under the
24        Criminal Code of 1961;
25            (N) aggravated discharge of a machine gun or a
26        firearm equipped with a device designed or used for

 

 

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1        silencing the report of a firearm under Section
2        24-1.2-5 or a similar provision under the Criminal Code
3        of 1961;
4            (0) unlawful use of firearm projectiles under
5        Section 24-2.1 or a similar provision under the
6        Criminal Code of 1961;
7            (P) manufacture, sale, or transfer of bullets or
8        shells represented to be armor piercing bullets,
9        dragon's breath shotgun shells, bolo shells, or
10        flechette shells under Section 24-2.2 or a similar
11        provision under the Criminal Code of 1961;
12            (Q) unlawful sale or delivery of firearms under
13        Section 24-3 or a similar provision under the Criminal
14        Code of 1961;
15            (R) unlawful discharge of firearm projectiles
16        under Section 24-3.2 or a similar provision under the
17        Criminal Code of 1961;
18            (S) unlawful sale or delivery of firearms on school
19        premises of any school under Section 24-3.3 or a
20        similar provision under the Criminal Code of 1961;
21            (T) unlawful purchase of a firearm under Section
22        24-3.5 or a similar provision under the Criminal Code
23        of 1961;
24            (U) use of a stolen firearm in the commission of an
25        offense under Section 24-3.7 or a similar provision
26        under the Criminal Code of 1961;

 

 

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1            (V) possession of a stolen firearm under Section
2        24-3.8 or a similar provision under the Criminal Code
3        of 1961;
4            (W) aggravated possession of a stolen firearm
5        under Section 24-3.9 or a similar provision under the
6        Criminal Code of 1961;
7            (X) gunrunning under Section 24-3A or a similar
8        provision under the Criminal Code of 1961;
9            (Y) defacing identification marks of firearms
10        under Section 24-5 or a similar provision under the
11        Criminal Code of 1961; and
12            (Z) armed violence under Section 33A-2 or a similar
13        provision under the Criminal Code of 1961.
14    (b) APPLICABILITY. On or after the effective date of this
15amendatory Act of the 99th General Assembly, when a person is
16convicted of unlawful use or possession of a weapon by a felon,
17when the weapon is a firearm, or aggravated unlawful use of a
18weapon, when the weapon is a firearm, after being previously
19convicted of a qualifying predicate offense the person shall be
20sentenced as provided in this Section.
21    (c) SENTENCING FOR INDIVIDUALS WITH PRIOR FELONY
22FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
23        (1) When a person is convicted of unlawful use or
24    possession of a weapon by a felon, when the weapon is a
25    firearm, and that person has been previously convicted of a
26    qualifying predicate offense, the person shall be

 

 

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1    sentenced to a term of imprisonment of not less than 7
2    years and not more than 14 years, unless the court finds
3    that a departure is warranted under subsection (d) of this
4    Section.
5        (2) When a person is convicted of aggravated unlawful
6    use of a weapon, when the weapon is a firearm, and that
7    person has been previously convicted of a qualifying
8    predicate offense, the person shall be sentenced to a term
9    of imprisonment of not less than 6 years and not more than
10    7 years, or not more than 14 years if extended term
11    sentencing applies, unless the court finds that a departure
12    is warranted under subsection (d) of this Section.
13    (d) DEPARTURE STANDARDS.
14        (1) At the sentencing hearing conducted under Section
15    5-4-1 of this Code, the court may depart from the
16    sentencing ranges provided in subsection (c) of this
17    Section and impose a sentence otherwise authorized by law
18    for the offense if the court, after considering any factor
19    under paragraph (2) of this subsection (d) relevant to the
20    nature and circumstances of the offense and to the history
21    and character of the defendant, finds on the record
22    substantial and compelling justification that the sentence
23    would be unduly harsh and that a sentence otherwise
24    authorized by law would be consistent with public safety
25    and does not deprecate the seriousness of the offense.
26        (2) In deciding whether to depart from the sentencing

 

 

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

 

 

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1        safety.
2        (3) When departing from the sentencing range under
3    subsection (c) of this Section, the court shall specify on
4    the record, the particular evidence, information, factor
5    or factors, or other reasons that led to the departure from
6    the sentencing ranges provided in subsection (c) of this
7    Section. When departing from the sentencing range in
8    accordance with this subsection (d), the court shall
9    indicate on the sentencing order which departure factor or
10    factors provided in paragraph (2) of this subsection (d)
11    led to the sentence imposed. The sentencing order shall be
12    filed with the clerk of the court and shall be a public
13    record.
 
14    (730 ILCS 5/5-8-8)
15    (Section scheduled to be repealed on December 31, 2020)
16    Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
17    (a) Creation. There is created under the jurisdiction of
18the Governor the Illinois Sentencing Policy Advisory Council,
19hereinafter referred to as the Council.
20    (b) Purposes and goals. The purpose of the Council is to
21review sentencing policies and practices and examine how these
22policies and practices impact the criminal justice system as a
23whole in the State of Illinois. In carrying out its duties, the
24Council shall be mindful of and aim to achieve the purposes of
25sentencing in Illinois, which are set out in Section 1-1-2 of

 

 

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1this Code:
2        (1) prescribe sanctions proportionate to the
3    seriousness of the offenses and permit the recognition of
4    differences in rehabilitation possibilities among
5    individual offenders;
6        (2) forbid and prevent the commission of offenses;
7        (3) prevent arbitrary or oppressive treatment of
8    persons adjudicated offenders or delinquents; and
9        (4) restore offenders to useful citizenship.
10    (c) Council composition.
11        (1) The Council shall consist of the following members:
12            (A) the President of the Senate, or his or her
13        designee;
14            (B) the Minority Leader of the Senate, or his or
15        her designee;
16            (C) the Speaker of the House, or his or her
17        designee;
18            (D) the Minority Leader of the House, or his or her
19        designee;
20            (E) the Governor, or his or her designee;
21            (F) the Attorney General, or his or her designee;
22            (G) two retired judges, who may have been circuit,
23        appellate, or supreme court judges; retired judges
24        shall be selected by the members of the Council
25        designated in clauses (c)(1)(A) through (L);
26            (G-5) (blank);

 

 

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1            (H) the Cook County State's Attorney, or his or her
2        designee;
3            (I) the Cook County Public Defender, or his or her
4        designee;
5            (J) a State's Attorney not from Cook County,
6        appointed by the State's Attorney's Appellate
7        Prosecutor;
8            (K) the State Appellate Defender, or his or her
9        designee;
10            (L) the Director of the Administrative Office of
11        the Illinois Courts, or his or her designee;
12            (M) a victim of a violent felony or a
13        representative of a crime victims' organization,
14        selected by the members of the Council designated in
15        clauses (c)(1)(A) through (L);
16            (N) a representative of a community-based
17        organization, selected by the members of the Council
18        designated in clauses (c)(1)(A) through (L);
19            (O) a criminal justice academic researcher, to be
20        selected by the members of the Council designated in
21        clauses (c)(1)(A) through (L);
22            (P) a representative of law enforcement from a unit
23        of local government to be selected by the members of
24        the Council designated in clauses (c)(1)(A) through
25        (L);
26            (Q) a sheriff selected by the members of the

 

 

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1        Council designated in clauses (c)(1)(A) through (L);
2        and
3            (R) ex-officio members shall include:
4                (i) the Director of Corrections, or his or her
5            designee;
6                (ii) the Chair of the Prisoner Review Board, or
7            his or her designee;
8                (iii) the Director of the Illinois State
9            Police, or his or her designee; and
10                (iv) the Director of the Illinois Criminal
11            Justice Information Authority, or his or her
12            designee.
13        (1.5) The Chair and Vice Chair shall be elected from
14    among its members by a majority of the members of the
15    Council.
16        (2) Members of the Council who serve because of their
17    public office or position, or those who are designated as
18    members by such officials, shall serve only as long as they
19    hold such office or position.
20        (3) Council members shall serve without compensation
21    but shall be reimbursed for travel and per diem expenses
22    incurred in their work for the Council.
23        (4) The Council may exercise any power, perform any
24    function, take any action, or do anything in furtherance of
25    its purposes and goals upon the appointment of a quorum of
26    its members. The term of office of each member of the

 

 

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1    Council ends on the date of repeal of this amendatory Act
2    of the 96th General Assembly.
3    (d) Duties. The Council shall perform, as resources permit,
4duties including:
5        (1) Collect and analyze information including
6    sentencing data, crime trends, and existing correctional
7    resources to support legislative and executive action
8    affecting the use of correctional resources on the State
9    and local levels.
10        (2) Prepare criminal justice population projections
11    annually, including correctional and community-based
12    supervision populations.
13        (3) Analyze data relevant to proposed sentencing
14    legislation and its effect on current policies or
15    practices, and provide information to support
16    evidence-based sentencing.
17        (4) Ensure that adequate resources and facilities are
18    available for carrying out sentences imposed on offenders
19    and that rational priorities are established for the use of
20    those resources. To do so, the Council shall prepare
21    criminal justice resource statements, identifying the
22    fiscal and practical effects of proposed criminal
23    sentencing legislation, including, but not limited to, the
24    correctional population, court processes, and county or
25    local government resources.
26        (4.5) Study and conduct thorough analysis of

 

 

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1    sentencing under Section 5-4.5-110 of this Code. The
2    Sentencing Policy Advisory Council shall provide annual
3    reports to the Governor and General Assembly, including the
4    total number of persons sentenced under Section 5-4.5-110
5    of this Code, the total number of departures from sentences
6    under Section 5-4.5-110 of this Code, and an analysis of
7    trends in sentencing and departures. On or before December
8    31, 2022, the Sentencing Policy Advisory Council shall
9    provide a report to the Governor and General Assembly on
10    the effectiveness of sentencing under Section 5-4.5-110 of
11    this Code, including recommendations on whether sentencing
12    under Section 5-4.5-110 of this Code should be adjusted or
13    continued.
14        (5) Perform such other studies or tasks pertaining to
15    sentencing policies as may be requested by the Governor or
16    the Illinois General Assembly.
17        (6) Perform such other functions as may be required by
18    law or as are necessary to carry out the purposes and goals
19    of the Council prescribed in subsection (b).
20        (7) Publish a report on the trends in sentencing for
21    offenders described in subsection (b-1) of Section 5-4-1 of
22    this Code, the impact of the trends on the prison and
23    probation populations, and any changes in the racial
24    composition of the prison and probation populations that
25    can be attributed to the changes made by adding subsection
26    (b-1) of Section 5-4-1 to this Code by Public Act 99-861

 

 

09900SB1824ham006- 26 -LRB099 09089 RLC 52214 a

1    this amendatory Act of the 99th General Assembly.
2    (e) Authority.
3        (1) The Council shall have the power to perform the
4    functions necessary to carry out its duties, purposes and
5    goals under this Act. In so doing, the Council shall
6    utilize information and analysis developed by the Illinois
7    Criminal Justice Information Authority, the Administrative
8    Office of the Illinois Courts, and the Illinois Department
9    of Corrections.
10        (2) Upon request from the Council, each executive
11    agency and department of State and local government shall
12    provide information and records to the Council in the
13    execution of its duties.
14    (f) Report. The Council shall report in writing annually to
15the General Assembly, the Illinois Supreme Court, and the
16Governor.
17    (g) This Section is repealed on December 31, 2020.
18(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;
1999-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)".