Illinois General Assembly - Full Text of SB2925
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Full Text of SB2925  102nd General Assembly

SB2925 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2925

 

Introduced 10/13/2021, by Sen. Chapin Rose, Donald P. DeWitte and Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3  from Ch. 38, par. 24-3
730 ILCS 5/5-5-3

    Amends the Criminal Code of 2012. Provides that a person who sells or gives any firearm to any person who has been convicted of a felony under the laws of Illinois or any other jurisdiction is guilty of a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 10 years and not more than 30 years (rather than a Class 3 felony). Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for the offense.


LRB102 20125 RLC 28977 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2925LRB102 20125 RLC 28977 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 24-3 as follows:
 
6    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
7    Sec. 24-3. Unlawful sale or delivery of firearms.
8    (A) A person commits the offense of unlawful sale or
9delivery of firearms when he or she knowingly does any of the
10following:
11        (a) Sells or gives any firearm of a size which may be
12    concealed upon the person to any person under 18 years of
13    age.
14        (b) Sells or gives any firearm to a person under 21
15    years of age who has been convicted of a misdemeanor other
16    than a traffic offense or adjudged delinquent.
17        (c) Sells or gives any firearm to any narcotic addict.
18        (d) Sells or gives any firearm to any person who has
19    been convicted of a felony under the laws of this or any
20    other jurisdiction.
21        (e) Sells or gives any firearm to any person who has
22    been a patient in a mental institution within the past 5
23    years. In this subsection (e):

 

 

SB2925- 2 -LRB102 20125 RLC 28977 b

1            "Mental institution" means any hospital,
2        institution, clinic, evaluation facility, mental
3        health center, or part thereof, which is used
4        primarily for the care or treatment of persons with
5        mental illness.
6            "Patient in a mental institution" means the person
7        was admitted, either voluntarily or involuntarily, to
8        a mental institution for mental health treatment,
9        unless the treatment was voluntary and solely for an
10        alcohol abuse disorder and no other secondary
11        substance abuse disorder or mental illness.
12        (f) Sells or gives any firearms to any person who is a
13    person with an intellectual disability.
14        (g) Delivers any firearm, incidental to a sale,
15    without withholding delivery of the firearm for at least
16    72 hours after application for its purchase has been made,
17    or delivers a stun gun or taser, incidental to a sale,
18    without withholding delivery of the stun gun or taser for
19    at least 24 hours after application for its purchase has
20    been made. However, this paragraph (g) does not apply to:
21    (1) the sale of a firearm to a law enforcement officer if
22    the seller of the firearm knows that the person to whom he
23    or she is selling the firearm is a law enforcement officer
24    or the sale of a firearm to a person who desires to
25    purchase a firearm for use in promoting the public
26    interest incident to his or her employment as a bank

 

 

SB2925- 3 -LRB102 20125 RLC 28977 b

1    guard, armed truck guard, or other similar employment; (2)
2    a mail order sale of a firearm from a federally licensed
3    firearms dealer to a nonresident of Illinois under which
4    the firearm is mailed to a federally licensed firearms
5    dealer outside the boundaries of Illinois; (3) (blank);
6    (4) the sale of a firearm to a dealer licensed as a federal
7    firearms dealer under Section 923 of the federal Gun
8    Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
9    sale of any rifle, shotgun, or other long gun to a resident
10    registered competitor or attendee or non-resident
11    registered competitor or attendee by any dealer licensed
12    as a federal firearms dealer under Section 923 of the
13    federal Gun Control Act of 1968 at competitive shooting
14    events held at the World Shooting Complex sanctioned by a
15    national governing body. For purposes of transfers or
16    sales under subparagraph (5) of this paragraph (g), the
17    Department of Natural Resources shall give notice to the
18    Department of State Police at least 30 calendar days prior
19    to any competitive shooting events at the World Shooting
20    Complex sanctioned by a national governing body. The
21    notification shall be made on a form prescribed by the
22    Department of State Police. The sanctioning body shall
23    provide a list of all registered competitors and attendees
24    at least 24 hours before the events to the Department of
25    State Police. Any changes to the list of registered
26    competitors and attendees shall be forwarded to the

 

 

SB2925- 4 -LRB102 20125 RLC 28977 b

1    Department of State Police as soon as practicable. The
2    Department of State Police must destroy the list of
3    registered competitors and attendees no later than 30 days
4    after the date of the event. Nothing in this paragraph (g)
5    relieves a federally licensed firearm dealer from the
6    requirements of conducting a NICS background check through
7    the Illinois Point of Contact under 18 U.S.C. 922(t). For
8    purposes of this paragraph (g), "application" means when
9    the buyer and seller reach an agreement to purchase a
10    firearm. For purposes of this paragraph (g), "national
11    governing body" means a group of persons who adopt rules
12    and formulate policy on behalf of a national firearm
13    sporting organization.
14        (h) While holding any license as a dealer, importer,
15    manufacturer or pawnbroker under the federal Gun Control
16    Act of 1968, manufactures, sells or delivers to any
17    unlicensed person a handgun having a barrel, slide, frame
18    or receiver which is a die casting of zinc alloy or any
19    other nonhomogeneous metal which will melt or deform at a
20    temperature of less than 800 degrees Fahrenheit. For
21    purposes of this paragraph, (1) "firearm" is defined as in
22    the Firearm Owners Identification Card Act; and (2)
23    "handgun" is defined as a firearm designed to be held and
24    fired by the use of a single hand, and includes a
25    combination of parts from which such a firearm can be
26    assembled.

 

 

SB2925- 5 -LRB102 20125 RLC 28977 b

1        (i) Sells or gives a firearm of any size to any person
2    under 18 years of age who does not possess a valid Firearm
3    Owner's Identification Card.
4        (j) Sells or gives a firearm while engaged in the
5    business of selling firearms at wholesale or retail
6    without being licensed as a federal firearms dealer under
7    Section 923 of the federal Gun Control Act of 1968 (18
8    U.S.C. 923). In this paragraph (j):
9        A person "engaged in the business" means a person who
10    devotes time, attention, and labor to engaging in the
11    activity as a regular course of trade or business with the
12    principal objective of livelihood and profit, but does not
13    include a person who makes occasional repairs of firearms
14    or who occasionally fits special barrels, stocks, or
15    trigger mechanisms to firearms.
16        "With the principal objective of livelihood and
17    profit" means that the intent underlying the sale or
18    disposition of firearms is predominantly one of obtaining
19    livelihood and pecuniary gain, as opposed to other
20    intents, such as improving or liquidating a personal
21    firearms collection; however, proof of profit shall not be
22    required as to a person who engages in the regular and
23    repetitive purchase and disposition of firearms for
24    criminal purposes or terrorism.
25        (k) Sells or transfers ownership of a firearm to a
26    person who does not display to the seller or transferor of

 

 

SB2925- 6 -LRB102 20125 RLC 28977 b

1    the firearm either: (1) a currently valid Firearm Owner's
2    Identification Card that has previously been issued in the
3    transferee's name by the Department of State Police under
4    the provisions of the Firearm Owners Identification Card
5    Act; or (2) a currently valid license to carry a concealed
6    firearm that has previously been issued in the
7    transferee's name by the Department of State Police under
8    the Firearm Concealed Carry Act. This paragraph (k) does
9    not apply to the transfer of a firearm to a person who is
10    exempt from the requirement of possessing a Firearm
11    Owner's Identification Card under Section 2 of the Firearm
12    Owners Identification Card Act. For the purposes of this
13    Section, a currently valid Firearm Owner's Identification
14    Card means (i) a Firearm Owner's Identification Card that
15    has not expired or (ii) an approval number issued in
16    accordance with subsection (a-10) of subsection 3 or
17    Section 3.1 of the Firearm Owners Identification Card Act
18    shall be proof that the Firearm Owner's Identification
19    Card was valid.
20            (1) In addition to the other requirements of this
21        paragraph (k), all persons who are not federally
22        licensed firearms dealers must also have complied with
23        subsection (a-10) of Section 3 of the Firearm Owners
24        Identification Card Act by determining the validity of
25        a purchaser's Firearm Owner's Identification Card.
26            (2) All sellers or transferors who have complied

 

 

SB2925- 7 -LRB102 20125 RLC 28977 b

1        with the requirements of subparagraph (1) of this
2        paragraph (k) shall not be liable for damages in any
3        civil action arising from the use or misuse by the
4        transferee of the firearm transferred, except for
5        willful or wanton misconduct on the part of the seller
6        or transferor.
7        (l) Not being entitled to the possession of a firearm,
8    delivers the firearm, knowing it to have been stolen or
9    converted. It may be inferred that a person who possesses
10    a firearm with knowledge that its serial number has been
11    removed or altered has knowledge that the firearm is
12    stolen or converted.
13    (B) Paragraph (h) of subsection (A) does not include
14firearms sold within 6 months after enactment of Public Act
1578-355 (approved August 21, 1973, effective October 1, 1973),
16nor is any firearm legally owned or possessed by any citizen or
17purchased by any citizen within 6 months after the enactment
18of Public Act 78-355 subject to confiscation or seizure under
19the provisions of that Public Act. Nothing in Public Act
2078-355 shall be construed to prohibit the gift or trade of any
21firearm if that firearm was legally held or acquired within 6
22months after the enactment of that Public Act.
23    (C) Sentence.
24        (1) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (c), (e), (f), (g),
26    or (h) of subsection (A) commits a Class 4 felony.

 

 

SB2925- 8 -LRB102 20125 RLC 28977 b

1        (2) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (b) or (i) of
3    subsection (A) commits a Class 3 felony.
4        (3) Any person convicted of unlawful sale or delivery
5    of firearms in violation of paragraph (a) of subsection
6    (A) commits a Class 2 felony.
7        (4) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (a), (b), or (i) of
9    subsection (A) in any school, on the real property
10    comprising a school, within 1,000 feet of the real
11    property comprising a school, at a school related
12    activity, or on or within 1,000 feet of any conveyance
13    owned, leased, or contracted by a school or school
14    district to transport students to or from school or a
15    school related activity, regardless of the time of day or
16    time of year at which the offense was committed, commits a
17    Class 1 felony. Any person convicted of a second or
18    subsequent violation of unlawful sale or delivery of
19    firearms in violation of paragraph (a), (b), or (i) of
20    subsection (A) in any school, on the real property
21    comprising a school, within 1,000 feet of the real
22    property comprising a school, at a school related
23    activity, or on or within 1,000 feet of any conveyance
24    owned, leased, or contracted by a school or school
25    district to transport students to or from school or a
26    school related activity, regardless of the time of day or

 

 

SB2925- 9 -LRB102 20125 RLC 28977 b

1    time of year at which the offense was committed, commits a
2    Class 1 felony for which the sentence shall be a term of
3    imprisonment of no less than 5 years and no more than 15
4    years.
5        (5) Any person convicted of unlawful sale or delivery
6    of firearms in violation of paragraph (a) or (i) of
7    subsection (A) in residential property owned, operated, or
8    managed by a public housing agency or leased by a public
9    housing agency as part of a scattered site or mixed-income
10    development, in a public park, in a courthouse, on
11    residential property owned, operated, or managed by a
12    public housing agency or leased by a public housing agency
13    as part of a scattered site or mixed-income development,
14    on the real property comprising any public park, on the
15    real property comprising any courthouse, or on any public
16    way within 1,000 feet of the real property comprising any
17    public park, courthouse, or residential property owned,
18    operated, or managed by a public housing agency or leased
19    by a public housing agency as part of a scattered site or
20    mixed-income development commits a Class 2 felony.
21        (6) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (j) of subsection
23    (A) commits a Class A misdemeanor. A second or subsequent
24    violation is a Class 4 felony.
25        (7) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (k) of subsection

 

 

SB2925- 10 -LRB102 20125 RLC 28977 b

1    (A) commits a Class 4 felony, except that a violation of
2    subparagraph (1) of paragraph (k) of subsection (A) shall
3    not be punishable as a crime or petty offense. A third or
4    subsequent conviction for a violation of paragraph (k) of
5    subsection (A) is a Class 1 felony.
6        (8) A person 18 years of age or older convicted of
7    unlawful sale or delivery of firearms in violation of
8    paragraph (a) or (i) of subsection (A), when the firearm
9    that was sold or given to another person under 18 years of
10    age was used in the commission of or attempt to commit a
11    forcible felony, shall be fined or imprisoned, or both,
12    not to exceed the maximum provided for the most serious
13    forcible felony so committed or attempted by the person
14    under 18 years of age who was sold or given the firearm.
15        (9) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (d) of subsection
17    (A) commits a Class X felony for which he or she shall be
18    sentenced to a term of imprisonment of not less than 10
19    years and not more than 30 years 3 felony.
20        (10) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (l) of subsection
22    (A) commits a Class 2 felony if the delivery is of one
23    firearm. Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (l) of subsection
25    (A) commits a Class 1 felony if the delivery is of not less
26    than 2 and not more than 5 firearms at the same time or

 

 

SB2925- 11 -LRB102 20125 RLC 28977 b

1    within a one year period. Any person convicted of unlawful
2    sale or delivery of firearms in violation of paragraph (l)
3    of subsection (A) commits a Class X felony for which he or
4    she shall be sentenced to a term of imprisonment of not
5    less than 6 years and not more than 30 years if the
6    delivery is of not less than 6 and not more than 10
7    firearms at the same time or within a 2 year period. Any
8    person convicted of unlawful sale or delivery of firearms
9    in violation of paragraph (l) of subsection (A) commits a
10    Class X felony for which he or she shall be sentenced to a
11    term of imprisonment of not less than 6 years and not more
12    than 40 years if the delivery is of not less than 11 and
13    not more than 20 firearms at the same time or within a 3
14    year period. Any person convicted of unlawful sale or
15    delivery of firearms in violation of paragraph (l) of
16    subsection (A) commits a Class X felony for which he or she
17    shall be sentenced to a term of imprisonment of not less
18    than 6 years and not more than 50 years if the delivery is
19    of not less than 21 and not more than 30 firearms at the
20    same time or within a 4 year period. Any person convicted
21    of unlawful sale or delivery of firearms in violation of
22    paragraph (l) of subsection (A) commits a Class X felony
23    for which he or she shall be sentenced to a term of
24    imprisonment of not less than 6 years and not more than 60
25    years if the delivery is of 31 or more firearms at the same
26    time or within a 5 year period.

 

 

SB2925- 12 -LRB102 20125 RLC 28977 b

1    (D) For purposes of this Section:
2    "School" means a public or private elementary or secondary
3school, community college, college, or university.
4    "School related activity" means any sporting, social,
5academic, or other activity for which students' attendance or
6participation is sponsored, organized, or funded in whole or
7in part by a school or school district.
8    (E) A prosecution for a violation of paragraph (k) of
9subsection (A) of this Section may be commenced within 6 years
10after the commission of the offense. A prosecution for a
11violation of this Section other than paragraph (g) of
12subsection (A) of this Section may be commenced within 5 years
13after the commission of the offense defined in the particular
14paragraph.
15(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1699-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
17    Section 10. The Unified Code of Corrections is amended by
18changing Section 5-5-3 as follows:
 
19    (730 ILCS 5/5-5-3)
20    Sec. 5-5-3. Disposition.
21    (a) (Blank).
22    (b) (Blank).
23    (c) (1) (Blank).
24    (2) A period of probation, a term of periodic imprisonment

 

 

SB2925- 13 -LRB102 20125 RLC 28977 b

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

 

 

SB2925- 14 -LRB102 20125 RLC 28977 b

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

 

 

SB2925- 15 -LRB102 20125 RLC 28977 b

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

 

 

SB2925- 16 -LRB102 20125 RLC 28977 b

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

 

 

SB2925- 17 -LRB102 20125 RLC 28977 b

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

 

 

SB2925- 18 -LRB102 20125 RLC 28977 b

1    firearm is aimed toward the person against whom the
2    firearm is being used.
3        (EE) A conviction for a violation of paragraph (2) of
4    subsection (a) of Section 24-3B of the Criminal Code of
5    2012.
6    (3) (Blank).
7    (4) A minimum term of imprisonment of not less than 10
8consecutive days or 30 days of community service shall be
9imposed for a violation of paragraph (c) of Section 6-303 of
10the Illinois Vehicle Code.
11    (4.1) (Blank).
12    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
13this subsection (c), a minimum of 100 hours of community
14service shall be imposed for a second violation of Section
156-303 of the Illinois Vehicle Code.
16    (4.3) A minimum term of imprisonment of 30 days or 300
17hours of community service, as determined by the court, shall
18be imposed for a second violation of subsection (c) of Section
196-303 of the Illinois Vehicle Code.
20    (4.4) Except as provided in paragraphs (4.5), (4.6), and
21(4.9) of this subsection (c), a minimum term of imprisonment
22of 30 days or 300 hours of community service, as determined by
23the court, shall be imposed for a third or subsequent
24violation of Section 6-303 of the Illinois Vehicle Code. The
25court may give credit toward the fulfillment of community
26service hours for participation in activities and treatment as

 

 

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1determined by court services.
2    (4.5) A minimum term of imprisonment of 30 days shall be
3imposed for a third violation of subsection (c) of Section
46-303 of the Illinois Vehicle Code.
5    (4.6) Except as provided in paragraph (4.10) of this
6subsection (c), a minimum term of imprisonment of 180 days
7shall be imposed for a fourth or subsequent violation of
8subsection (c) of Section 6-303 of the Illinois Vehicle Code.
9    (4.7) A minimum term of imprisonment of not less than 30
10consecutive days, or 300 hours of community service, shall be
11imposed for a violation of subsection (a-5) of Section 6-303
12of the Illinois Vehicle Code, as provided in subsection (b-5)
13of that Section.
14    (4.8) A mandatory prison sentence shall be imposed for a
15second violation of subsection (a-5) of Section 6-303 of the
16Illinois Vehicle Code, as provided in subsection (c-5) of that
17Section. The person's driving privileges shall be revoked for
18a period of not less than 5 years from the date of his or her
19release from prison.
20    (4.9) A mandatory prison sentence of not less than 4 and
21not more than 15 years shall be imposed for a third violation
22of subsection (a-5) of Section 6-303 of the Illinois Vehicle
23Code, as provided in subsection (d-2.5) of that Section. The
24person's driving privileges shall be revoked for the remainder
25of his or her life.
26    (4.10) A mandatory prison sentence for a Class 1 felony

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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15-6-4; except where the court determines at the hearing that
2the defendant violated a condition of his or her probation
3restricting contact with the victim or other family members or
4commits another offense with the victim or other family
5members, the court shall revoke the defendant's probation and
6impose a term of imprisonment.
7    For the purposes of this Section, "family member" and
8"victim" shall have the meanings ascribed to them in Section
911-0.1 of the Criminal Code of 2012.
10    (f) (Blank).
11    (g) Whenever a defendant is convicted of an offense under
12Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1311-14.3, 11-14.4 except for an offense that involves keeping a
14place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1511-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
17Criminal Code of 2012, the defendant shall undergo medical
18testing to determine whether the defendant has any sexually
19transmissible disease, including a test for infection with
20human immunodeficiency virus (HIV) or any other identified
21causative agent of acquired immunodeficiency syndrome (AIDS).
22Any such medical test shall be performed only by appropriately
23licensed medical practitioners and may include an analysis of
24any bodily fluids as well as an examination of the defendant's
25person. Except as otherwise provided by law, the results of
26such test shall be kept strictly confidential by all medical

 

 

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

 

 

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

 

 

SB2925- 28 -LRB102 20125 RLC 28977 b

1information on the availability of HIV testing and counseling
2at Department of Public Health facilities to all parties to
3whom the results of the testing are revealed and shall direct
4the State's Attorney to provide the information to the victim
5when possible. A State's Attorney may petition the court to
6obtain the results of any HIV test administered under this
7Section, and the court shall grant the disclosure if the
8State's Attorney shows it is relevant in order to prosecute a
9charge of criminal transmission of HIV under Section 12-5.01
10or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of
112012 against the defendant. The court shall order that the
12cost of any such test shall be paid by the county and may be
13taxed as costs against the convicted defendant.
14    (i) All fines and penalties imposed under this Section for
15any violation of Chapters 3, 4, 6, and 11 of the Illinois
16Vehicle Code, or a similar provision of a local ordinance, and
17any violation of the Child Passenger Protection Act, or a
18similar provision of a local ordinance, shall be collected and
19disbursed by the circuit clerk as provided under the Criminal
20and Traffic Assessment Act.
21    (j) In cases when prosecution for any violation of Section
2211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2311-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2411-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2511-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2612-15, or 12-16 of the Criminal Code of 1961 or the Criminal

 

 

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1Code of 2012, any violation of the Illinois Controlled
2Substances Act, any violation of the Cannabis Control Act, or
3any violation of the Methamphetamine Control and Community
4Protection Act results in conviction, a disposition of court
5supervision, or an order of probation granted under Section 10
6of the Cannabis Control Act, Section 410 of the Illinois
7Controlled Substances Act, or Section 70 of the
8Methamphetamine Control and Community Protection Act of a
9defendant, the court shall determine whether the defendant is
10employed by a facility or center as defined under the Child
11Care Act of 1969, a public or private elementary or secondary
12school, or otherwise works with children under 18 years of age
13on a daily basis. When a defendant is so employed, the court
14shall order the Clerk of the Court to send a copy of the
15judgment of conviction or order of supervision or probation to
16the defendant's employer by certified mail. If the employer of
17the defendant is a school, the Clerk of the Court shall direct
18the mailing of a copy of the judgment of conviction or order of
19supervision or probation to the appropriate regional
20superintendent of schools. The regional superintendent of
21schools shall notify the State Board of Education of any
22notification under this subsection.
23    (j-5) A defendant at least 17 years of age who is convicted
24of a felony and who has not been previously convicted of a
25misdemeanor or felony and who is sentenced to a term of
26imprisonment in the Illinois Department of Corrections shall

 

 

SB2925- 30 -LRB102 20125 RLC 28977 b

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

 

 

SB2925- 31 -LRB102 20125 RLC 28977 b

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

 

 

SB2925- 32 -LRB102 20125 RLC 28977 b

1sentence imposed, commit the defendant to the custody of the
2Attorney General of the United States or his or her designated
3agent when:
4        (1) a final order of deportation has been issued
5    against the defendant pursuant to proceedings under the
6    Immigration and Nationality Act, and
7        (2) the deportation of the defendant would not
8    deprecate the seriousness of the defendant's conduct and
9    would not be inconsistent with the ends of justice.
10    (C) This subsection (l) does not apply to offenders who
11are subject to the provisions of paragraph (2) of subsection
12(a) of Section 3-6-3.
13    (D) Upon motion of the State's Attorney, if a defendant
14sentenced under this Section returns to the jurisdiction of
15the United States, the defendant shall be recommitted to the
16custody of the county from which he or she was sentenced.
17Thereafter, the defendant shall be brought before the
18sentencing court, which may impose any sentence that was
19available under Section 5-5-3 at the time of initial
20sentencing. In addition, the defendant shall not be eligible
21for additional earned sentence credit as provided under
22Section 3-6-3.
23    (m) A person convicted of criminal defacement of property
24under Section 21-1.3 of the Criminal Code of 1961 or the
25Criminal Code of 2012, in which the property damage exceeds
26$300 and the property damaged is a school building, shall be

 

 

SB2925- 33 -LRB102 20125 RLC 28977 b

1ordered to perform community service that may include cleanup,
2removal, or painting over the defacement.
3    (n) The court may sentence a person convicted of a
4violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
5subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
6of 1961 or the Criminal Code of 2012 (i) to an impact
7incarceration program if the person is otherwise eligible for
8that program under Section 5-8-1.1, (ii) to community service,
9or (iii) if the person has a substance use disorder, as defined
10in the Substance Use Disorder Act, to a treatment program
11licensed under that Act.
12    (o) Whenever a person is convicted of a sex offense as
13defined in Section 2 of the Sex Offender Registration Act, the
14defendant's driver's license or permit shall be subject to
15renewal on an annual basis in accordance with the provisions
16of license renewal established by the Secretary of State.
17(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
18100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)