Illinois General Assembly - Full Text of HB5019
Illinois General Assembly

Previous General Assemblies

Full Text of HB5019  96th General Assembly

HB5019eng 96TH GENERAL ASSEMBLY

  
  
  

 


 
HB5019 Engrossed LRB096 17401 RLC 32754 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Sections 3-6-3, 5-4-1, and 5-5-3 as follows:
 
6     (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7     Sec. 3-6-3. Rules and Regulations for Early Release.
8         (a) (1) The Department of Corrections shall prescribe
9     rules and regulations for the early release on account of
10     good conduct of persons committed to the Department which
11     shall be subject to review by the Prisoner Review Board.
12         (2) The rules and regulations on early release shall
13     provide, with respect to offenses listed in clause (i),
14     (ii), or (iii) of this paragraph (2) committed on or after
15     June 19, 1998 or with respect to the offense listed in
16     clause (iv) of this paragraph (2) committed on or after
17     June 23, 2005 (the effective date of Public Act 94-71) or
18     with respect to offense listed in clause (vi) committed on
19     or after June 1, 2008 (the effective date of Public Act
20     95-625) or with respect to the offense of being an armed
21     habitual criminal committed on or after August 2, 2005 (the
22     effective date of Public Act 94-398) or with respect to the
23     offenses listed in clause (v) of this paragraph (2)

 

 

HB5019 Engrossed - 2 - LRB096 17401 RLC 32754 b

1     committed on or after August 13, 2007 (the effective date
2     of Public Act 95-134), the following:
3             (i) that a prisoner who is serving a term of
4         imprisonment for first degree murder or for the offense
5         of terrorism shall receive no good conduct credit and
6         shall serve the entire sentence imposed by the court;
7             (ii) that a prisoner serving a sentence for attempt
8         to commit first degree murder, solicitation of murder,
9         solicitation of murder for hire, intentional homicide
10         of an unborn child, predatory criminal sexual assault
11         of a child, aggravated criminal sexual assault,
12         criminal sexual assault, aggravated kidnapping,
13         aggravated battery with a firearm, heinous battery,
14         being an armed habitual criminal, aggravated battery
15         of a senior citizen, or aggravated battery of a child
16         shall receive no more than 4.5 days of good conduct
17         credit for each month of his or her sentence of
18         imprisonment;
19             (iii) that a prisoner serving a sentence for home
20         invasion, armed robbery, aggravated vehicular
21         hijacking, aggravated discharge of a firearm, or armed
22         violence with a category I weapon or category II
23         weapon, when the court has made and entered a finding,
24         pursuant to subsection (c-1) of Section 5-4-1 of this
25         Code, that the conduct leading to conviction for the
26         enumerated offense resulted in great bodily harm to a

 

 

HB5019 Engrossed - 3 - LRB096 17401 RLC 32754 b

1         victim, shall receive no more than 4.5 days of good
2         conduct credit for each month of his or her sentence of
3         imprisonment;
4             (iv) that a prisoner serving a sentence for
5         aggravated discharge of a firearm, whether or not the
6         conduct leading to conviction for the offense resulted
7         in great bodily harm to the victim, shall receive no
8         more than 4.5 days of good conduct credit for each
9         month of his or her sentence of imprisonment;
10             (v) that a person serving a sentence for
11         gunrunning, narcotics racketeering, controlled
12         substance trafficking, methamphetamine trafficking,
13         drug-induced homicide, aggravated
14         methamphetamine-related child endangerment, money
15         laundering pursuant to clause (c) (4) or (5) of Section
16         29B-1 of the Criminal Code of 1961, or a Class X felony
17         conviction for delivery of a controlled substance,
18         possession of a controlled substance with intent to
19         manufacture or deliver, calculated criminal drug
20         conspiracy, criminal drug conspiracy, street gang
21         criminal drug conspiracy, participation in
22         methamphetamine manufacturing, aggravated
23         participation in methamphetamine manufacturing,
24         delivery of methamphetamine, possession with intent to
25         deliver methamphetamine, aggravated delivery of
26         methamphetamine, aggravated possession with intent to

 

 

HB5019 Engrossed - 4 - LRB096 17401 RLC 32754 b

1         deliver methamphetamine, methamphetamine conspiracy
2         when the substance containing the controlled substance
3         or methamphetamine is 100 grams or more shall receive
4         no more than 7.5 days good conduct credit for each
5         month of his or her sentence of imprisonment; and
6             (vi) that a prisoner serving a sentence for a
7         second or subsequent offense of luring a minor shall
8         receive no more than 4.5 days of good conduct credit
9         for each month of his or her sentence of imprisonment.
10         (2.1) For all offenses, other than those enumerated in
11     subdivision (a)(2)(i), (ii), or (iii) committed on or after
12     June 19, 1998 or subdivision (a)(2)(iv) committed on or
13     after June 23, 2005 (the effective date of Public Act
14     94-71) or subdivision (a)(2)(v) committed on or after
15     August 13, 2007 (the effective date of Public Act 95-134)
16     or subdivision (a)(2)(vi) committed on or after June 1,
17     2008 (the effective date of Public Act 95-625), and other
18     than the offense of reckless homicide as defined in
19     subsection (e) of Section 9-3 of the Criminal Code of 1961
20     committed on or after January 1, 1999, or aggravated
21     driving under the influence of alcohol, other drug or
22     drugs, or intoxicating compound or compounds, or any
23     combination thereof as defined in subparagraph (F) of
24     paragraph (1) of subsection (d) of Section 11-501 of the
25     Illinois Vehicle Code, the rules and regulations shall
26     provide that a prisoner who is serving a term of

 

 

HB5019 Engrossed - 5 - LRB096 17401 RLC 32754 b

1     imprisonment shall receive one day of good conduct credit
2     for each day of his or her sentence of imprisonment or
3     recommitment under Section 3-3-9. Each day of good conduct
4     credit shall reduce by one day the prisoner's period of
5     imprisonment or recommitment under Section 3-3-9.
6         (2.2) A prisoner serving a term of natural life
7     imprisonment or a prisoner who has been sentenced to death
8     shall receive no good conduct credit.
9         (2.3) The rules and regulations on early release shall
10     provide that a prisoner who is serving a sentence for
11     reckless homicide as defined in subsection (e) of Section
12     9-3 of the Criminal Code of 1961 committed on or after
13     January 1, 1999, or aggravated driving under the influence
14     of alcohol, other drug or drugs, or intoxicating compound
15     or compounds, or any combination thereof as defined in
16     subparagraph (F) of paragraph (1) of subsection (d) of
17     Section 11-501 of the Illinois Vehicle Code, shall receive
18     no more than 4.5 days of good conduct credit for each month
19     of his or her sentence of imprisonment.
20         (2.4) The rules and regulations on early release shall
21     provide with respect to the offenses of aggravated battery
22     with a machine gun or a firearm equipped with any device or
23     attachment designed or used for silencing the report of a
24     firearm or aggravated discharge of a machine gun or a
25     firearm equipped with any device or attachment designed or
26     used for silencing the report of a firearm, committed on or

 

 

HB5019 Engrossed - 6 - LRB096 17401 RLC 32754 b

1     after July 15, 1999 (the effective date of Public Act
2     91-121), that a prisoner serving a sentence for any of
3     these offenses shall receive no more than 4.5 days of good
4     conduct credit for each month of his or her sentence of
5     imprisonment.
6         (2.5) The rules and regulations on early release shall
7     provide that a prisoner who is serving a sentence for
8     aggravated arson committed on or after July 27, 2001 (the
9     effective date of Public Act 92-176) shall receive no more
10     than 4.5 days of good conduct credit for each month of his
11     or her sentence of imprisonment.
12         (3) On or after the effective date of this amendatory
13     Act of the 96th General Assembly, the Director shall not
14     award additional good conduct credit for meritorious
15     service in specific instances. Nothing in this amendatory
16     Act of the 96th General Assembly shall invalidate such
17     award of additional good conduct credit for meritorious
18     service lawfully made before the effective date of this
19     amendatory Act of the 96th General Assembly; nor shall the
20     Department or Director or any employee of the Department be
21     criminally or civilly liable for such award, except in
22     cases of willful and wanton negligence. The rules and
23     regulations shall also provide that the Director may award
24     up to 180 days additional good conduct credit for
25     meritorious service in specific instances as the Director
26     deems proper; except that no more than 90 days of good

 

 

HB5019 Engrossed - 7 - LRB096 17401 RLC 32754 b

1     conduct credit for meritorious service shall be awarded to
2     any prisoner who is serving a sentence for conviction of
3     first degree murder, reckless homicide while under the
4     influence of alcohol or any other drug, or aggravated
5     driving under the influence of alcohol, other drug or
6     drugs, or intoxicating compound or compounds, or any
7     combination thereof as defined in subparagraph (F) of
8     paragraph (1) of subsection (d) of Section 11-501 of the
9     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
10     predatory criminal sexual assault of a child, aggravated
11     criminal sexual assault, criminal sexual assault, deviate
12     sexual assault, aggravated criminal sexual abuse,
13     aggravated indecent liberties with a child, indecent
14     liberties with a child, child pornography, heinous
15     battery, aggravated battery of a spouse, aggravated
16     battery of a spouse with a firearm, stalking, aggravated
17     stalking, aggravated battery of a child, endangering the
18     life or health of a child, or cruelty to a child.
19     Notwithstanding the foregoing, good conduct credit for
20     meritorious service shall not be awarded on a sentence of
21     imprisonment imposed for conviction of: (i) one of the
22     offenses enumerated in subdivision (a)(2)(i), (ii), or
23     (iii) when the offense is committed on or after June 19,
24     1998 or subdivision (a)(2)(iv) when the offense is
25     committed on or after June 23, 2005 (the effective date of
26     Public Act 94-71) or subdivision (a)(2)(v) when the offense

 

 

HB5019 Engrossed - 8 - LRB096 17401 RLC 32754 b

1     is committed on or after August 13, 2007 (the effective
2     date of Public Act 95-134) or subdivision (a)(2)(vi) when
3     the offense is committed on or after June 1, 2008 (the
4     effective date of Public Act 95-625), (ii) reckless
5     homicide as defined in subsection (e) of Section 9-3 of the
6     Criminal Code of 1961 when the offense is committed on or
7     after January 1, 1999, or aggravated driving under the
8     influence of alcohol, other drug or drugs, or intoxicating
9     compound or compounds, or any combination thereof as
10     defined in subparagraph (F) of paragraph (1) of subsection
11     (d) of Section 11-501 of the Illinois Vehicle Code, (iii)
12     one of the offenses enumerated in subdivision (a)(2.4) when
13     the offense is committed on or after July 15, 1999 (the
14     effective date of Public Act 91-121), or (iv) aggravated
15     arson when the offense is committed on or after July 27,
16     2001 (the effective date of Public Act 92-176).
17         (4) The rules and regulations shall also provide that
18     the good conduct credit accumulated and retained under
19     paragraph (2.1) of subsection (a) of this Section by any
20     inmate during specific periods of time in which such inmate
21     is engaged full-time in substance abuse programs,
22     correctional industry assignments, or educational programs
23     provided by the Department under this paragraph (4) and
24     satisfactorily completes the assigned program as
25     determined by the standards of the Department, shall be
26     multiplied by a factor of 1.25 for program participation

 

 

HB5019 Engrossed - 9 - LRB096 17401 RLC 32754 b

1     before August 11, 1993 and 1.50 for program participation
2     on or after that date. However, no inmate shall be eligible
3     for the additional good conduct credit under this paragraph
4     (4) or (4.1) of this subsection (a) while assigned to a
5     boot camp or electronic detention, or if convicted of an
6     offense enumerated in subdivision (a)(2)(i), (ii), or
7     (iii) of this Section that is committed on or after June
8     19, 1998 or subdivision (a)(2)(iv) of this Section that is
9     committed on or after June 23, 2005 (the effective date of
10     Public Act 94-71) or subdivision (a)(2)(v) of this Section
11     that is committed on or after August 13, 2007 (the
12     effective date of Public Act 95-134) or subdivision
13     (a)(2)(vi) when the offense is committed on or after June
14     1, 2008 (the effective date of Public Act 95-625), or if
15     convicted of reckless homicide as defined in subsection (e)
16     of Section 9-3 of the Criminal Code of 1961 if the offense
17     is committed on or after January 1, 1999, or aggravated
18     driving under the influence of alcohol, other drug or
19     drugs, or intoxicating compound or compounds, or any
20     combination thereof as defined in subparagraph (F) of
21     paragraph (1) of subsection (d) of Section 11-501 of the
22     Illinois Vehicle Code, or if convicted of an offense
23     enumerated in paragraph (a)(2.4) of this Section that is
24     committed on or after July 15, 1999 (the effective date of
25     Public Act 91-121), or first degree murder, a Class X
26     felony, criminal sexual assault, felony criminal sexual

 

 

HB5019 Engrossed - 10 - LRB096 17401 RLC 32754 b

1     abuse, aggravated criminal sexual abuse, aggravated
2     battery with a firearm, or any predecessor or successor
3     offenses with the same or substantially the same elements,
4     or any inchoate offenses relating to the foregoing
5     offenses. No inmate shall be eligible for the additional
6     good conduct credit under this paragraph (4) who (i) has
7     previously received increased good conduct credit under
8     this paragraph (4) and has subsequently been convicted of a
9     felony, or (ii) has previously served more than one prior
10     sentence of imprisonment for a felony in an adult
11     correctional facility.
12         Educational, vocational, substance abuse and
13     correctional industry programs under which good conduct
14     credit may be increased under this paragraph (4) and
15     paragraph (4.1) of this subsection (a) shall be evaluated
16     by the Department on the basis of documented standards. The
17     Department shall report the results of these evaluations to
18     the Governor and the General Assembly by September 30th of
19     each year. The reports shall include data relating to the
20     recidivism rate among program participants.
21         Availability of these programs shall be subject to the
22     limits of fiscal resources appropriated by the General
23     Assembly for these purposes. Eligible inmates who are
24     denied immediate admission shall be placed on a waiting
25     list under criteria established by the Department. The
26     inability of any inmate to become engaged in any such

 

 

HB5019 Engrossed - 11 - LRB096 17401 RLC 32754 b

1     programs by reason of insufficient program resources or for
2     any other reason established under the rules and
3     regulations of the Department shall not be deemed a cause
4     of action under which the Department or any employee or
5     agent of the Department shall be liable for damages to the
6     inmate.
7         (4.1) The rules and regulations shall also provide that
8     an additional 60 days of good conduct credit shall be
9     awarded to any prisoner who passes the high school level
10     Test of General Educational Development (GED) while the
11     prisoner is incarcerated. The good conduct credit awarded
12     under this paragraph (4.1) shall be in addition to, and
13     shall not affect, the award of good conduct under any other
14     paragraph of this Section, but shall also be pursuant to
15     the guidelines and restrictions set forth in paragraph (4)
16     of subsection (a) of this Section. The good conduct credit
17     provided for in this paragraph shall be available only to
18     those prisoners who have not previously earned a high
19     school diploma or a GED. If, after an award of the GED good
20     conduct credit has been made and the Department determines
21     that the prisoner was not eligible, then the award shall be
22     revoked.
23         (4.5) The rules and regulations on early release shall
24     also provide that when the court's sentencing order
25     recommends a prisoner for substance abuse treatment and the
26     crime was committed on or after September 1, 2003 (the

 

 

HB5019 Engrossed - 12 - LRB096 17401 RLC 32754 b

1     effective date of Public Act 93-354), the prisoner shall
2     receive no good conduct credit awarded under clause (3) of
3     this subsection (a) unless he or she participates in and
4     completes a substance abuse treatment program. The
5     Director may waive the requirement to participate in or
6     complete a substance abuse treatment program and award the
7     good conduct credit in specific instances if the prisoner
8     is not a good candidate for a substance abuse treatment
9     program for medical, programming, or operational reasons.
10     Availability of substance abuse treatment shall be subject
11     to the limits of fiscal resources appropriated by the
12     General Assembly for these purposes. If treatment is not
13     available and the requirement to participate and complete
14     the treatment has not been waived by the Director, the
15     prisoner shall be placed on a waiting list under criteria
16     established by the Department. The Director may allow a
17     prisoner placed on a waiting list to participate in and
18     complete a substance abuse education class or attend
19     substance abuse self-help meetings in lieu of a substance
20     abuse treatment program. A prisoner on a waiting list who
21     is not placed in a substance abuse program prior to release
22     may be eligible for a waiver and receive good conduct
23     credit under clause (3) of this subsection (a) at the
24     discretion of the Director.
25         (4.6) The rules and regulations on early release shall
26     also provide that a prisoner who has been convicted of a

 

 

HB5019 Engrossed - 13 - LRB096 17401 RLC 32754 b

1     sex offense as defined in Section 2 of the Sex Offender
2     Registration Act shall receive no good conduct credit
3     unless he or she either has successfully completed or is
4     participating in sex offender treatment as defined by the
5     Sex Offender Management Board. However, prisoners who are
6     waiting to receive such treatment, but who are unable to do
7     so due solely to the lack of resources on the part of the
8     Department, may, at the Director's sole discretion, be
9     awarded good conduct credit at such rate as the Director
10     shall determine.
11         (5) (Blank) Whenever the Department is to release any
12     inmate earlier than it otherwise would because of a grant
13     of good conduct credit for meritorious service given at any
14     time during the term, the Department shall give reasonable
15     advance notice of the impending release to the State's
16     Attorney of the county where the prosecution of the inmate
17     took place.
18     (b) Whenever a person is or has been committed under
19 several convictions, with separate sentences, the sentences
20 shall be construed under Section 5-8-4 in granting and
21 forfeiting of good time.
22     (c) The Department shall prescribe rules and regulations
23 for revoking good conduct credit, or suspending or reducing the
24 rate of accumulation of good conduct credit for specific rule
25 violations, during imprisonment. These rules and regulations
26 shall provide that no inmate may be penalized more than one

 

 

HB5019 Engrossed - 14 - LRB096 17401 RLC 32754 b

1 year of good conduct credit for any one infraction.
2     When the Department seeks to revoke, suspend or reduce the
3 rate of accumulation of any good conduct credits for an alleged
4 infraction of its rules, it shall bring charges therefor
5 against the prisoner sought to be so deprived of good conduct
6 credits before the Prisoner Review Board as provided in
7 subparagraph (a)(4) of Section 3-3-2 of this Code, if the
8 amount of credit at issue exceeds 30 days or when during any 12
9 month period, the cumulative amount of credit revoked exceeds
10 30 days except where the infraction is committed or discovered
11 within 60 days of scheduled release. In those cases, the
12 Department of Corrections may revoke up to 30 days of good
13 conduct credit. The Board may subsequently approve the
14 revocation of additional good conduct credit, if the Department
15 seeks to revoke good conduct credit in excess of 30 days.
16 However, the Board shall not be empowered to review the
17 Department's decision with respect to the loss of 30 days of
18 good conduct credit within any calendar year for any prisoner
19 or to increase any penalty beyond the length requested by the
20 Department.
21     The Director of the Department of Corrections, in
22 appropriate cases, may restore up to 30 days good conduct
23 credits which have been revoked, suspended or reduced. Any
24 restoration of good conduct credits in excess of 30 days shall
25 be subject to review by the Prisoner Review Board. However, the
26 Board may not restore good conduct credit in excess of the

 

 

HB5019 Engrossed - 15 - LRB096 17401 RLC 32754 b

1 amount requested by the Director.
2     Nothing contained in this Section shall prohibit the
3 Prisoner Review Board from ordering, pursuant to Section
4 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
5 sentence imposed by the court that was not served due to the
6 accumulation of good conduct credit.
7     (d) If a lawsuit is filed by a prisoner in an Illinois or
8 federal court against the State, the Department of Corrections,
9 or the Prisoner Review Board, or against any of their officers
10 or employees, and the court makes a specific finding that a
11 pleading, motion, or other paper filed by the prisoner is
12 frivolous, the Department of Corrections shall conduct a
13 hearing to revoke up to 180 days of good conduct credit by
14 bringing charges against the prisoner sought to be deprived of
15 the good conduct credits before the Prisoner Review Board as
16 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
17 If the prisoner has not accumulated 180 days of good conduct
18 credit at the time of the finding, then the Prisoner Review
19 Board may revoke all good conduct credit accumulated by the
20 prisoner.
21     For purposes of this subsection (d):
22         (1) "Frivolous" means that a pleading, motion, or other
23     filing which purports to be a legal document filed by a
24     prisoner in his or her lawsuit meets any or all of the
25     following criteria:
26             (A) it lacks an arguable basis either in law or in

 

 

HB5019 Engrossed - 16 - LRB096 17401 RLC 32754 b

1         fact;
2             (B) it is being presented for any improper purpose,
3         such as to harass or to cause unnecessary delay or
4         needless increase in the cost of litigation;
5             (C) the claims, defenses, and other legal
6         contentions therein are not warranted by existing law
7         or by a nonfrivolous argument for the extension,
8         modification, or reversal of existing law or the
9         establishment of new law;
10             (D) the allegations and other factual contentions
11         do not have evidentiary support or, if specifically so
12         identified, are not likely to have evidentiary support
13         after a reasonable opportunity for further
14         investigation or discovery; or
15             (E) the denials of factual contentions are not
16         warranted on the evidence, or if specifically so
17         identified, are not reasonably based on a lack of
18         information or belief.
19         (2) "Lawsuit" means a motion pursuant to Section 116-3
20     of the Code of Criminal Procedure of 1963, a habeas corpus
21     action under Article X of the Code of Civil Procedure or
22     under federal law (28 U.S.C. 2254), a petition for claim
23     under the Court of Claims Act, an action under the federal
24     Civil Rights Act (42 U.S.C. 1983), or a second or
25     subsequent petition for post-conviction relief under
26     Article 122 of the Code of Criminal Procedure of 1963

 

 

HB5019 Engrossed - 17 - LRB096 17401 RLC 32754 b

1     whether filed with or without leave of court or a second or
2     subsequent petition for relief from judgment under Section
3     2-1401 of the Code of Civil Procedure.
4     (e) Nothing in Public Act 90-592 or 90-593 affects the
5 validity of Public Act 89-404.
6     (f) Whenever the Department is to release any inmate who
7 has been convicted of a violation of an order of protection
8 under Section 12-30 of the Criminal Code of 1961, earlier than
9 it otherwise would because of a grant of good conduct credit,
10 the Department, as a condition of such early release, shall
11 require that the person, upon release, be placed under
12 electronic surveillance as provided in Section 5-8A-7 of this
13 Code.
14 (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156,
15 eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744,
16 eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625,
17 eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
18 eff. 8-21-08.)
 
19     (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
20     Sec. 5-4-1. Sentencing Hearing.
21     (a) Except when the death penalty is sought under hearing
22 procedures otherwise specified, after a determination of
23 guilt, a hearing shall be held to impose the sentence. However,
24 prior to the imposition of sentence on an individual being
25 sentenced for an offense based upon a charge for a violation of

 

 

HB5019 Engrossed - 18 - LRB096 17401 RLC 32754 b

1 Section 11-501 of the Illinois Vehicle Code or a similar
2 provision of a local ordinance, the individual must undergo a
3 professional evaluation to determine if an alcohol or other
4 drug abuse problem exists and the extent of such a problem.
5 Programs conducting these evaluations shall be licensed by the
6 Department of Human Services. However, if the individual is not
7 a resident of Illinois, the court may, in its discretion,
8 accept an evaluation from a program in the state of such
9 individual's residence. The court may in its sentencing order
10 approve an eligible defendant for placement in a Department of
11 Corrections impact incarceration program as provided in
12 Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
13 order recommend a defendant for placement in a Department of
14 Corrections substance abuse treatment program as provided in
15 paragraph (a) of subsection (1) of Section 3-2-2 conditioned
16 upon the defendant being accepted in a program by the
17 Department of Corrections. At the hearing the court shall:
18         (1) consider the evidence, if any, received upon the
19     trial;
20         (2) consider any presentence reports;
21         (3) consider the financial impact of incarceration
22     based on the financial impact statement filed with the
23     clerk of the court by the Department of Corrections;
24         (4) consider evidence and information offered by the
25     parties in aggravation and mitigation;
26         (4.5) consider substance abuse treatment, eligibility

 

 

HB5019 Engrossed - 19 - LRB096 17401 RLC 32754 b

1     screening, and an assessment, if any, of the defendant by
2     an agent designated by the State of Illinois to provide
3     assessment services for the Illinois courts;
4         (5) hear arguments as to sentencing alternatives;
5         (6) afford the defendant the opportunity to make a
6     statement in his own behalf;
7         (7) afford the victim of a violent crime or a violation
8     of Section 11-501 of the Illinois Vehicle Code, or a
9     similar provision of a local ordinance, or a qualified
10     individual affected by: (i) a violation of Section 405,
11     405.1, 405.2, or 407 of the Illinois Controlled Substances
12     Act or a violation of Section 55 or Section 65 of the
13     Methamphetamine Control and Community Protection Act, or
14     (ii) a Class 4 felony violation of Section 11-14, 11-15,
15     11-17, 11-18, 11-18.1, or 11-19 of the Criminal Code of
16     1961, committed by the defendant the opportunity to make a
17     statement concerning the impact on the victim and to offer
18     evidence in aggravation or mitigation; provided that the
19     statement and evidence offered in aggravation or
20     mitigation must first be prepared in writing in conjunction
21     with the State's Attorney before it may be presented orally
22     at the hearing. Any sworn testimony offered by the victim
23     is subject to the defendant's right to cross-examine. All
24     statements and evidence offered under this paragraph (7)
25     shall become part of the record of the court. For the
26     purpose of this paragraph (7), "qualified individual"

 

 

HB5019 Engrossed - 20 - LRB096 17401 RLC 32754 b

1     means any person who (i) lived or worked within the
2     territorial jurisdiction where the offense took place when
3     the offense took place; and (ii) is familiar with various
4     public places within the territorial jurisdiction where
5     the offense took place when the offense took place. For the
6     purposes of this paragraph (7), "qualified individual"
7     includes any peace officer, or any member of any duly
8     organized State, county, or municipal peace unit assigned
9     to the territorial jurisdiction where the offense took
10     place when the offense took place;
11         (8) in cases of reckless homicide afford the victim's
12     spouse, guardians, parents or other immediate family
13     members an opportunity to make oral statements; and
14         (9) in cases involving a felony sex offense as defined
15     under the Sex Offender Management Board Act, consider the
16     results of the sex offender evaluation conducted pursuant
17     to Section 5-3-2 of this Act.
18     (b) All sentences shall be imposed by the judge based upon
19 his independent assessment of the elements specified above and
20 any agreement as to sentence reached by the parties. The judge
21 who presided at the trial or the judge who accepted the plea of
22 guilty shall impose the sentence unless he is no longer sitting
23 as a judge in that court. Where the judge does not impose
24 sentence at the same time on all defendants who are convicted
25 as a result of being involved in the same offense, the
26 defendant or the State's Attorney may advise the sentencing

 

 

HB5019 Engrossed - 21 - LRB096 17401 RLC 32754 b

1 court of the disposition of any other defendants who have been
2 sentenced.
3     (c) In imposing a sentence for a violent crime or for an
4 offense of operating or being in physical control of a vehicle
5 while under the influence of alcohol, any other drug or any
6 combination thereof, or a similar provision of a local
7 ordinance, when such offense resulted in the personal injury to
8 someone other than the defendant, the trial judge shall specify
9 on the record the particular evidence, information, factors in
10 mitigation and aggravation or other reasons that led to his
11 sentencing determination. The full verbatim record of the
12 sentencing hearing shall be filed with the clerk of the court
13 and shall be a public record.
14     (c-1) In imposing a sentence for the offense of aggravated
15 kidnapping for ransom, home invasion, armed robbery,
16 aggravated vehicular hijacking, aggravated discharge of a
17 firearm, or armed violence with a category I weapon or category
18 II weapon, the trial judge shall make a finding as to whether
19 the conduct leading to conviction for the offense resulted in
20 great bodily harm to a victim, and shall enter that finding and
21 the basis for that finding in the record.
22     (c-2) If the defendant is sentenced to prison, other than
23 when a sentence of natural life imprisonment or a sentence of
24 death is imposed, at the time the sentence is imposed the judge
25 shall state on the record in open court the approximate period
26 of time the defendant will serve in custody according to the

 

 

HB5019 Engrossed - 22 - LRB096 17401 RLC 32754 b

1 then current statutory rules and regulations for early release
2 found in Section 3-6-3 and other related provisions of this
3 Code. This statement is intended solely to inform the public,
4 has no legal effect on the defendant's actual release, and may
5 not be relied on by the defendant on appeal.
6     The judge's statement, to be given after pronouncing the
7 sentence, other than when the sentence is imposed for one of
8 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
9 shall include the following:
10     "The purpose of this statement is to inform the public of
11 the actual period of time this defendant is likely to spend in
12 prison as a result of this sentence. The actual period of
13 prison time served is determined by the statutes of Illinois as
14 applied to this sentence by the Illinois Department of
15 Corrections and the Illinois Prisoner Review Board. In this
16 case, assuming the defendant receives all of his or her good
17 conduct credit, the period of estimated actual custody is ...
18 years and ... months, less up to 180 days additional good
19 conduct credit for meritorious service. If the defendant,
20 because of his or her own misconduct or failure to comply with
21 the institutional regulations, does not receive those credits,
22 the actual time served in prison will be longer. The defendant
23 may also receive an additional one-half day good conduct credit
24 for each day of participation in vocational, industry,
25 substance abuse, and educational programs as provided for by
26 Illinois statute."

 

 

HB5019 Engrossed - 23 - LRB096 17401 RLC 32754 b

1     When the sentence is imposed for one of the offenses
2 enumerated in paragraph (a)(3) of Section 3-6-3, other than
3 when the sentence is imposed for one of the offenses enumerated
4 in paragraph (a)(2) of Section 3-6-3 committed on or after June
5 19, 1998, and other than when the sentence is imposed for
6 reckless homicide as defined in subsection (e) of Section 9-3
7 of the Criminal Code of 1961 if the offense was committed on or
8 after January 1, 1999, and other than when the sentence is
9 imposed for aggravated arson if the offense was committed on or
10 after July 27, 2001 (the effective date of Public Act 92-176),
11 the judge's statement, to be given after pronouncing the
12 sentence, shall include the following:
13     "The purpose of this statement is to inform the public of
14 the actual period of time this defendant is likely to spend in
15 prison as a result of this sentence. The actual period of
16 prison time served is determined by the statutes of Illinois as
17 applied to this sentence by the Illinois Department of
18 Corrections and the Illinois Prisoner Review Board. In this
19 case, assuming the defendant receives all of his or her good
20 conduct credit, the period of estimated actual custody is ...
21 years and ... months, less up to 90 days additional good
22 conduct credit for meritorious service. If the defendant,
23 because of his or her own misconduct or failure to comply with
24 the institutional regulations, does not receive those credits,
25 the actual time served in prison will be longer. The defendant
26 may also receive an additional one-half day good conduct credit

 

 

HB5019 Engrossed - 24 - LRB096 17401 RLC 32754 b

1 for each day of participation in vocational, industry,
2 substance abuse, and educational programs as provided for by
3 Illinois statute."
4     When the sentence is imposed for one of the offenses
5 enumerated in paragraph (a)(2) of Section 3-6-3, other than
6 first degree murder, and the offense was committed on or after
7 June 19, 1998, and when the sentence is imposed for reckless
8 homicide as defined in subsection (e) of Section 9-3 of the
9 Criminal Code of 1961 if the offense was committed on or after
10 January 1, 1999, and when the sentence is imposed for
11 aggravated driving under the influence of alcohol, other drug
12 or drugs, or intoxicating compound or compounds, or any
13 combination thereof as defined in subparagraph (F) of paragraph
14 (1) of subsection (d) of Section 11-501 of the Illinois Vehicle
15 Code, and when the sentence is imposed for aggravated arson if
16 the offense was committed on or after July 27, 2001 (the
17 effective date of Public Act 92-176), the judge's statement, to
18 be given after pronouncing the sentence, shall include the
19 following:
20     "The purpose of this statement is to inform the public of
21 the actual period of time this defendant is likely to spend in
22 prison as a result of this sentence. The actual period of
23 prison time served is determined by the statutes of Illinois as
24 applied to this sentence by the Illinois Department of
25 Corrections and the Illinois Prisoner Review Board. In this
26 case, the defendant is entitled to no more than 4 1/2 days of

 

 

HB5019 Engrossed - 25 - LRB096 17401 RLC 32754 b

1 good conduct credit for each month of his or her sentence of
2 imprisonment. Therefore, this defendant will serve at least 85%
3 of his or her sentence. Assuming the defendant receives 4 1/2
4 days credit for each month of his or her sentence, the period
5 of estimated actual custody is ... years and ... months. If the
6 defendant, because of his or her own misconduct or failure to
7 comply with the institutional regulations receives lesser
8 credit, the actual time served in prison will be longer."
9     When a sentence of imprisonment is imposed for first degree
10 murder and the offense was committed on or after June 19, 1998,
11 the judge's statement, to be given after pronouncing the
12 sentence, shall include the following:
13     "The purpose of this statement is to inform the public of
14 the actual period of time this defendant is likely to spend in
15 prison as a result of this sentence. The actual period of
16 prison time served is determined by the statutes of Illinois as
17 applied to this sentence by the Illinois Department of
18 Corrections and the Illinois Prisoner Review Board. In this
19 case, the defendant is not entitled to good conduct credit.
20 Therefore, this defendant will serve 100% of his or her
21 sentence."
22     When the sentencing order recommends placement in a
23 substance abuse program for any offense that results in
24 incarceration in a Department of Corrections facility and the
25 crime was committed on or after September 1, 2003 (the
26 effective date of Public Act 93-354), the judge's statement, in

 

 

HB5019 Engrossed - 26 - LRB096 17401 RLC 32754 b

1 addition to any other judge's statement required under this
2 Section, to be given after pronouncing the sentence, shall
3 include the following:
4     "The purpose of this statement is to inform the public of
5 the actual period of time this defendant is likely to spend in
6 prison as a result of this sentence. The actual period of
7 prison time served is determined by the statutes of Illinois as
8 applied to this sentence by the Illinois Department of
9 Corrections and the Illinois Prisoner Review Board. In this
10 case, the defendant shall receive no good conduct credit under
11 clause (3) of subsection (a) of Section 3-6-3 until he or she
12 participates in and completes a substance abuse treatment
13 program or receives a waiver from the Director of Corrections
14 pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
15     (c-4) Before the sentencing hearing and as part of the
16 presentence investigation under Section 5-3-1, the court shall
17 inquire of the defendant whether the defendant is currently
18 serving in or is a veteran of the Armed Forces of the United
19 States. If the defendant is currently serving in the Armed
20 Forces of the United States or is a veteran of the Armed Forces
21 of the United States and has been diagnosed as having a mental
22 illness by a qualified psychiatrist or clinical psychologist or
23 physician, the court may:
24         (1) order that the officer preparing the presentence
25     report consult with the United States Department of
26     Veterans Affairs, Illinois Department of Veterans'

 

 

HB5019 Engrossed - 27 - LRB096 17401 RLC 32754 b

1     Affairs, or another agency or person with suitable
2     knowledge or experience for the purpose of providing the
3     court with information regarding treatment options
4     available to the defendant, including federal, State, and
5     local programming; and
6         (2) consider the treatment recommendations of any
7     diagnosing or treating mental health professionals
8     together with the treatment options available to the
9     defendant in imposing sentence.
10     For the purposes of this subsection (c-4), "qualified
11 psychiatrist" means a reputable physician licensed in Illinois
12 to practice medicine in all its branches, who has specialized
13 in the diagnosis and treatment of mental and nervous disorders
14 for a period of not less than 5 years.
15     (d) When the defendant is committed to the Department of
16 Corrections, the State's Attorney shall and counsel for the
17 defendant may file a statement with the clerk of the court to
18 be transmitted to the department, agency or institution to
19 which the defendant is committed to furnish such department,
20 agency or institution with the facts and circumstances of the
21 offense for which the person was committed together with all
22 other factual information accessible to them in regard to the
23 person prior to his commitment relative to his habits,
24 associates, disposition and reputation and any other facts and
25 circumstances which may aid such department, agency or
26 institution during its custody of such person. The clerk shall

 

 

HB5019 Engrossed - 28 - LRB096 17401 RLC 32754 b

1 within 10 days after receiving any such statements transmit a
2 copy to such department, agency or institution and a copy to
3 the other party, provided, however, that this shall not be
4 cause for delay in conveying the person to the department,
5 agency or institution to which he has been committed.
6     (e) The clerk of the court shall transmit to the
7 department, agency or institution, if any, to which the
8 defendant is committed, the following:
9         (1) the sentence imposed;
10         (2) any statement by the court of the basis for
11     imposing the sentence;
12         (3) any presentence reports;
13         (3.5) any sex offender evaluations;
14         (3.6) any substance abuse treatment eligibility
15     screening and assessment of the defendant by an agent
16     designated by the State of Illinois to provide assessment
17     services for the Illinois courts;
18         (4) the number of days, if any, which the defendant has
19     been in custody and for which he is entitled to credit
20     against the sentence, which information shall be provided
21     to the clerk by the sheriff;
22         (4.1) any finding of great bodily harm made by the
23     court with respect to an offense enumerated in subsection
24     (c-1);
25         (5) all statements filed under subsection (d) of this
26     Section;

 

 

HB5019 Engrossed - 29 - LRB096 17401 RLC 32754 b

1         (6) any medical or mental health records or summaries
2     of the defendant;
3         (7) the municipality where the arrest of the offender
4     or the commission of the offense has occurred, where such
5     municipality has a population of more than 25,000 persons;
6         (8) all statements made and evidence offered under
7     paragraph (7) of subsection (a) of this Section; and
8         (9) all additional matters which the court directs the
9     clerk to transmit.
10 (Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10.)
 
11     (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
12     Sec. 5-5-3. Disposition.
13     (a) (Blank).
14     (b) (Blank).
15     (c) (1) (Blank).
16         (2) A period of probation, a term of periodic
17     imprisonment or conditional discharge shall not be imposed
18     for the following offenses. The court shall sentence the
19     offender to not less than the minimum term of imprisonment
20     set forth in this Code for the following offenses, and may
21     order a fine or restitution or both in conjunction with
22     such term of imprisonment:
23             (A) First degree murder where the death penalty is
24         not imposed.
25             (B) Attempted first degree murder.

 

 

HB5019 Engrossed - 30 - LRB096 17401 RLC 32754 b

1             (C) A Class X felony.
2             (D) A violation of Section 401.1 or 407 of the
3         Illinois Controlled Substances Act, or a violation of
4         subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
5         of that Act which relates to more than 5 grams of a
6         substance containing heroin, cocaine, fentanyl, or an
7         analog thereof.
8             (E) A violation of Section 5.1 or 9 of the Cannabis
9         Control Act.
10             (F) A Class 2 or greater felony if the offender had
11         been convicted of a Class 2 or greater felony,
12         including any state or federal conviction for an
13         offense that contained, at the time it was committed,
14         the same elements as an offense now (the date of the
15         offense committed after the prior Class 2 or greater
16         felony) classified as a Class 2 or greater felony,
17         within 10 years of the date on which the offender
18         committed the offense for which he or she is being
19         sentenced, except as otherwise provided in Section
20         40-10 of the Alcoholism and Other Drug Abuse and
21         Dependency Act.
22             (F-5) A violation of Section 24-1, 24-1.1, or
23         24-1.6 of the Criminal Code of 1961 for which
24         imprisonment is prescribed in those Sections.
25             (G) Residential burglary, except as otherwise
26         provided in Section 40-10 of the Alcoholism and Other

 

 

HB5019 Engrossed - 31 - LRB096 17401 RLC 32754 b

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

 

 

HB5019 Engrossed - 32 - LRB096 17401 RLC 32754 b

1             (O) A violation of Section 12-6.1 of the Criminal
2         Code of 1961.
3             (P) A violation of paragraph (1), (2), (3), (4),
4         (5), or (7) of subsection (a) of Section 11-20.1 of the
5         Criminal Code of 1961.
6             (Q) A violation of Section 20-1.2 or 20-1.3 of the
7         Criminal Code of 1961.
8             (R) A violation of Section 24-3A of the Criminal
9         Code of 1961.
10             (S) (Blank).
11             (T) A second or subsequent violation of the
12         Methamphetamine Control and Community Protection Act.
13             (U) A second or subsequent violation of Section
14         6-303 of the Illinois Vehicle Code committed while his
15         or her driver's license, permit, or privilege was
16         revoked because of a violation of Section 9-3 of the
17         Criminal Code of 1961, relating to the offense of
18         reckless homicide, or a similar provision of a law of
19         another state.
20             (V) A violation of paragraph (4) of subsection (c)
21         of Section 11-20.3 of the Criminal Code of 1961.
22             (W) A violation of Section 24-3.5 of the Criminal
23         Code of 1961.
24             (X) A violation of subsection (a) of Section 31-1a
25         of the Criminal Code of 1961.
26             (Y) A conviction for unlawful possession of a

 

 

HB5019 Engrossed - 33 - LRB096 17401 RLC 32754 b

1         firearm by a street gang member when the firearm was
2         loaded or contained firearm ammunition.
3         (3) (Blank).
4         (4) A minimum term of imprisonment of not less than 10
5     consecutive days or 30 days of community service shall be
6     imposed for a violation of paragraph (c) of Section 6-303
7     of the Illinois Vehicle Code.
8         (4.1) (Blank).
9         (4.2) Except as provided in paragraphs (4.3) and (4.8)
10     of this subsection (c), a minimum of 100 hours of community
11     service shall be imposed for a second violation of Section
12     6-303 of the Illinois Vehicle Code.
13         (4.3) A minimum term of imprisonment of 30 days or 300
14     hours of community service, as determined by the court,
15     shall be imposed for a second violation of subsection (c)
16     of Section 6-303 of the Illinois Vehicle Code.
17         (4.4) Except as provided in paragraphs (4.5), (4.6),
18     and (4.9) of this subsection (c), a minimum term of
19     imprisonment of 30 days or 300 hours of community service,
20     as determined by the court, shall be imposed for a third or
21     subsequent violation of Section 6-303 of the Illinois
22     Vehicle Code.
23         (4.5) A minimum term of imprisonment of 30 days shall
24     be imposed for a third violation of subsection (c) of
25     Section 6-303 of the Illinois Vehicle Code.
26         (4.6) Except as provided in paragraph (4.10) of this

 

 

HB5019 Engrossed - 34 - LRB096 17401 RLC 32754 b

1     subsection (c), a minimum term of imprisonment of 180 days
2     shall be imposed for a fourth or subsequent violation of
3     subsection (c) of Section 6-303 of the Illinois Vehicle
4     Code.
5         (4.7) A minimum term of imprisonment of not less than
6     30 consecutive days, or 300 hours of community service,
7     shall be imposed for a violation of subsection (a-5) of
8     Section 6-303 of the Illinois Vehicle Code, as provided in
9     subsection (b-5) of that Section.
10         (4.8) A mandatory prison sentence shall be imposed for
11     a second violation of subsection (a-5) of Section 6-303 of
12     the Illinois Vehicle Code, as provided in subsection (c-5)
13     of that Section. The person's driving privileges shall be
14     revoked for a period of not less than 5 years from the date
15     of his or her release from prison.
16         (4.9) A mandatory prison sentence of not less than 4
17     and not more than 15 years shall be imposed for a third
18     violation of subsection (a-5) of Section 6-303 of the
19     Illinois Vehicle Code, as provided in subsection (d-2.5) of
20     that Section. The person's driving privileges shall be
21     revoked for the remainder of his or her life.
22         (4.10) A mandatory prison sentence for a Class 1 felony
23     shall be imposed, and the person shall be eligible for an
24     extended term sentence, for a fourth or subsequent
25     violation of subsection (a-5) of Section 6-303 of the
26     Illinois Vehicle Code, as provided in subsection (d-3.5) of

 

 

HB5019 Engrossed - 35 - LRB096 17401 RLC 32754 b

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

 

 

HB5019 Engrossed - 36 - LRB096 17401 RLC 32754 b

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

 

 

HB5019 Engrossed - 37 - LRB096 17401 RLC 32754 b

1     for battery when the individual harmed was a sports
2     official or coach at any level of competition and the act
3     causing harm to the sports official or coach occurred
4     within an athletic facility or within the immediate
5     vicinity of the athletic facility at which the sports
6     official or coach was an active participant of the athletic
7     contest held at the athletic facility. For the purposes of
8     this paragraph (11), "sports official" means a person at an
9     athletic contest who enforces the rules of the contest,
10     such as an umpire or referee; "athletic facility" means an
11     indoor or outdoor playing field or recreational area where
12     sports activities are conducted; and "coach" means a person
13     recognized as a coach by the sanctioning authority that
14     conducted the sporting event.
15         (12) A person may not receive a disposition of court
16     supervision for a violation of Section 5-16 of the Boat
17     Registration and Safety Act if that person has previously
18     received a disposition of court supervision for a violation
19     of that Section.
20         (13) A person convicted of or placed on court
21     supervision for an assault or aggravated assault when the
22     victim and the offender are family or household members as
23     defined in Section 103 of the Illinois Domestic Violence
24     Act of 1986 or convicted of domestic battery or aggravated
25     domestic battery may be required to attend a Partner Abuse
26     Intervention Program under protocols set forth by the

 

 

HB5019 Engrossed - 38 - LRB096 17401 RLC 32754 b

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

 

 

HB5019 Engrossed - 39 - LRB096 17401 RLC 32754 b

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

 

 

HB5019 Engrossed - 40 - LRB096 17401 RLC 32754 b

1 restricting contact with the victim or other family members or
2 commits another offense with the victim or other family
3 members, the court shall revoke the defendant's probation and
4 impose a term of imprisonment.
5     For the purposes of this Section, "family member" and
6 "victim" shall have the meanings ascribed to them in Section
7 12-12 of the Criminal Code of 1961.
8     (f) (Blank).
9     (g) Whenever a defendant is convicted of an offense under
10 Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
11 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
12 of the Criminal Code of 1961, the defendant shall undergo
13 medical testing to determine whether the defendant has any
14 sexually transmissible disease, including a test for infection
15 with human immunodeficiency virus (HIV) or any other identified
16 causative agent of acquired immunodeficiency syndrome (AIDS).
17 Any such medical test shall be performed only by appropriately
18 licensed medical practitioners and may include an analysis of
19 any bodily fluids as well as an examination of the defendant's
20 person. Except as otherwise provided by law, the results of
21 such test shall be kept strictly confidential by all medical
22 personnel involved in the testing and must be personally
23 delivered in a sealed envelope to the judge of the court in
24 which the conviction was entered for the judge's inspection in
25 camera. Acting in accordance with the best interests of the
26 victim and the public, the judge shall have the discretion to

 

 

HB5019 Engrossed - 41 - LRB096 17401 RLC 32754 b

1 determine to whom, if anyone, the results of the testing may be
2 revealed. The court shall notify the defendant of the test
3 results. The court shall also notify the victim if requested by
4 the victim, and if the victim is under the age of 15 and if
5 requested by the victim's parents or legal guardian, the court
6 shall notify the victim's parents or legal guardian of the test
7 results. The court shall provide information on the
8 availability of HIV testing and counseling at Department of
9 Public Health facilities to all parties to whom the results of
10 the testing are revealed and shall direct the State's Attorney
11 to provide the information to the victim when possible. A
12 State's Attorney may petition the court to obtain the results
13 of any HIV test administered under this Section, and the court
14 shall grant the disclosure if the State's Attorney shows it is
15 relevant in order to prosecute a charge of criminal
16 transmission of HIV under Section 12-16.2 of the Criminal Code
17 of 1961 against the defendant. The court shall order that the
18 cost of any such test shall be paid by the county and may be
19 taxed as costs against the convicted defendant.
20     (g-5) When an inmate is tested for an airborne communicable
21 disease, as determined by the Illinois Department of Public
22 Health including but not limited to tuberculosis, the results
23 of the test shall be personally delivered by the warden or his
24 or her designee in a sealed envelope to the judge of the court
25 in which the inmate must appear for the judge's inspection in
26 camera if requested by the judge. Acting in accordance with the

 

 

HB5019 Engrossed - 42 - LRB096 17401 RLC 32754 b

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

 

 

HB5019 Engrossed - 43 - LRB096 17401 RLC 32754 b

1 State's Attorney shows it is relevant in order to prosecute a
2 charge of criminal transmission of HIV under Section 12-16.2 of
3 the Criminal Code of 1961 against the defendant. The court
4 shall order that the cost of any such test shall be paid by the
5 county and may be taxed as costs against the convicted
6 defendant.
7     (i) All fines and penalties imposed under this Section for
8 any violation of Chapters 3, 4, 6, and 11 of the Illinois
9 Vehicle Code, or a similar provision of a local ordinance, and
10 any violation of the Child Passenger Protection Act, or a
11 similar provision of a local ordinance, shall be collected and
12 disbursed by the circuit clerk as provided under Section 27.5
13 of the Clerks of Courts Act.
14     (j) In cases when prosecution for any violation of Section
15 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
16 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
17 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
18 Code of 1961, any violation of the Illinois Controlled
19 Substances Act, any violation of the Cannabis Control Act, or
20 any violation of the Methamphetamine Control and Community
21 Protection Act results in conviction, a disposition of court
22 supervision, or an order of probation granted under Section 10
23 of the Cannabis Control Act, Section 410 of the Illinois
24 Controlled Substance Act, or Section 70 of the Methamphetamine
25 Control and Community Protection Act of a defendant, the court
26 shall determine whether the defendant is employed by a facility

 

 

HB5019 Engrossed - 44 - LRB096 17401 RLC 32754 b

1 or center as defined under the Child Care Act of 1969, a public
2 or private elementary or secondary school, or otherwise works
3 with children under 18 years of age on a daily basis. When a
4 defendant is so employed, the court shall order the Clerk of
5 the Court to send a copy of the judgment of conviction or order
6 of supervision or probation to the defendant's employer by
7 certified mail. If the employer of the defendant is a school,
8 the Clerk of the Court shall direct the mailing of a copy of
9 the judgment of conviction or order of supervision or probation
10 to the appropriate regional superintendent of schools. The
11 regional superintendent of schools shall notify the State Board
12 of Education of any notification under this subsection.
13     (j-5) A defendant at least 17 years of age who is convicted
14 of a felony and who has not been previously convicted of a
15 misdemeanor or felony and who is sentenced to a term of
16 imprisonment in the Illinois Department of Corrections shall as
17 a condition of his or her sentence be required by the court to
18 attend educational courses designed to prepare the defendant
19 for a high school diploma and to work toward a high school
20 diploma or to work toward passing the high school level Test of
21 General Educational Development (GED) or to work toward
22 completing a vocational training program offered by the
23 Department of Corrections. If a defendant fails to complete the
24 educational training required by his or her sentence during the
25 term of incarceration, the Prisoner Review Board shall, as a
26 condition of mandatory supervised release, require the

 

 

HB5019 Engrossed - 45 - LRB096 17401 RLC 32754 b

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

 

 

HB5019 Engrossed - 46 - LRB096 17401 RLC 32754 b

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

 

 

HB5019 Engrossed - 47 - LRB096 17401 RLC 32754 b

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

 

 

HB5019 Engrossed - 48 - LRB096 17401 RLC 32754 b

1 defined in Section 2 of the Sex Offender Registration Act, the
2 defendant's driver's license or permit shall be subject to
3 renewal on an annual basis in accordance with the provisions of
4 license renewal established by the Secretary of State.
5 (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
6 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
7 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
8 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
9 eff. 12-3-09.)
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.