Full Text of HB2265 98th General Assembly
HB2265 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2265 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 | 720 ILCS 5/24-1.6 | | 720 ILCS 5/24-1.8 | | 720 ILCS 5/24-11 new | | 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 | 730 ILCS 5/5-5-3 | from Ch. 38, par. 1005-5-3 |
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Amends the Criminal Code of 2012. Enhances the penalties for certain violations of the statutes concerning unlawful use of weapons, unlawful use or possession of weapons by felons, aggravated unlawful use of a weapon, and unlawful possession of a firearm by a street gang member. Provides that each circuit court shall transmit to every local law enforcement agency located within the circuit, on a quarterly basis, the disposition of all cases involving violations of the Deadly Weapons Article of the Code within the previous quarter. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for certain unlawful use of weapons violations, unlawful use or possession of a weapon by felons, aggravated unlawful use of a weapon, or unlawful possession of a firearm by a street gang member shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| 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 Criminal Code of 2012 is amended by changing | 5 | | Sections 24-1, 24-1.1, 24-1.6, and 24-1.8 and by adding Section | 6 | | 24-11 as follows:
| 7 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 8 | | Sec. 24-1. Unlawful Use of Weapons.
| 9 | | (a) A person commits the offense of unlawful use of weapons | 10 | | when
he knowingly:
| 11 | | (1) Sells, manufactures, purchases, possesses or | 12 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 13 | | sand-bag, metal knuckles or other knuckle weapon | 14 | | regardless of its composition, throwing star,
or any knife, | 15 | | commonly referred to as a switchblade knife, which has a
| 16 | | blade that opens automatically by hand pressure applied to | 17 | | a button,
spring or other device in the handle of the | 18 | | knife, or a ballistic knife,
which is a device that propels | 19 | | a knifelike blade as a projectile by means
of a coil | 20 | | spring, elastic material or compressed gas; or
| 21 | | (2) Carries or possesses with intent to use the same | 22 | | unlawfully
against another, a dagger, dirk, billy, | 23 | | dangerous knife, razor,
stiletto, broken bottle or other |
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| 1 | | piece of glass, stun gun or taser or
any other dangerous or | 2 | | deadly weapon or instrument of like character; or
| 3 | | (3) Carries on or about his person or in any vehicle, a | 4 | | tear gas gun
projector or bomb or any object containing | 5 | | noxious liquid gas or
substance, other than an object | 6 | | containing a non-lethal noxious liquid gas
or substance | 7 | | designed solely for personal defense carried by a person 18
| 8 | | years of age or older; or
| 9 | | (4) Carries or possesses in any vehicle or concealed on | 10 | | or about his
person except when on his land or in his own | 11 | | abode, legal dwelling, or fixed place of
business, or on | 12 | | the land or in the legal dwelling of another person as an | 13 | | invitee with that person's permission, any pistol, | 14 | | revolver, stun gun or taser or other firearm, except
that
| 15 | | this subsection (a) (4) does not apply to or affect | 16 | | transportation of weapons
that meet one of the following | 17 | | conditions:
| 18 | | (i) are broken down in a non-functioning state; or
| 19 | | (ii) are not immediately accessible; or
| 20 | | (iii) are unloaded and enclosed in a case, firearm | 21 | | carrying box,
shipping box, or other container by a | 22 | | person who has been issued a currently
valid Firearm | 23 | | Owner's
Identification Card; or
| 24 | | (5) Sets a spring gun; or
| 25 | | (6) Possesses any device or attachment of any kind | 26 | | designed, used or
intended for use in silencing the report |
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| 1 | | of any firearm; or
| 2 | | (7) Sells, manufactures, purchases, possesses or | 3 | | carries:
| 4 | | (i) a machine gun, which shall be defined for the | 5 | | purposes of this
subsection as any weapon,
which | 6 | | shoots, is designed to shoot, or can be readily | 7 | | restored to shoot,
automatically more than one shot | 8 | | without manually reloading by a single
function of the | 9 | | trigger, including the frame or receiver
of any such | 10 | | weapon, or sells, manufactures, purchases, possesses, | 11 | | or
carries any combination of parts designed or | 12 | | intended for
use in converting any weapon into a | 13 | | machine gun, or any combination or
parts from which a | 14 | | machine gun can be assembled if such parts are in the
| 15 | | possession or under the control of a person;
| 16 | | (ii) any rifle having one or
more barrels less than | 17 | | 16 inches in length or a shotgun having one or more
| 18 | | barrels less than 18 inches in length or any weapon | 19 | | made from a rifle or
shotgun, whether by alteration, | 20 | | modification, or otherwise, if such a weapon
as | 21 | | modified has an overall length of less than 26 inches; | 22 | | or
| 23 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 24 | | other container containing an
explosive substance of | 25 | | over one-quarter ounce for like purposes, such
as, but | 26 | | not limited to, black powder bombs and Molotov |
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| 1 | | cocktails or
artillery projectiles; or
| 2 | | (8) Carries or possesses any firearm, stun gun or taser | 3 | | or other
deadly weapon in any place which is licensed to | 4 | | sell intoxicating
beverages, or at any public gathering | 5 | | held pursuant to a license issued
by any governmental body | 6 | | or any public gathering at which an admission
is charged, | 7 | | excluding a place where a showing, demonstration or lecture
| 8 | | involving the exhibition of unloaded firearms is | 9 | | conducted.
| 10 | | This subsection (a)(8) does not apply to any auction or | 11 | | raffle of a firearm
held pursuant to
a license or permit | 12 | | issued by a governmental body, nor does it apply to persons
| 13 | | engaged
in firearm safety training courses; or
| 14 | | (9) Carries or possesses in a vehicle or on or about | 15 | | his person any
pistol, revolver, stun gun or taser or | 16 | | firearm or ballistic knife, when
he is hooded, robed or | 17 | | masked in such manner as to conceal his identity; or
| 18 | | (10) Carries or possesses on or about his person, upon | 19 | | any public street,
alley, or other public lands within the | 20 | | corporate limits of a city, village
or incorporated town, | 21 | | except when an invitee thereon or therein, for the
purpose | 22 | | of the display of such weapon or the lawful commerce in | 23 | | weapons, or
except when on his land or in his own abode, | 24 | | legal dwelling, or fixed place of business, or on the land | 25 | | or in the legal dwelling of another person as an invitee | 26 | | with that person's permission, any
pistol, revolver, stun |
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| 1 | | gun or taser or other firearm, except that this
subsection | 2 | | (a) (10) does not apply to or affect transportation of | 3 | | weapons that
meet one of the following conditions:
| 4 | | (i) are broken down in a non-functioning state; or
| 5 | | (ii) are not immediately accessible; or
| 6 | | (iii) are unloaded and enclosed in a case, firearm | 7 | | carrying box,
shipping box, or other container by a | 8 | | person who has been issued a currently
valid Firearm | 9 | | Owner's
Identification Card.
| 10 | | A "stun gun or taser", as used in this paragraph (a) | 11 | | means (i) any device
which is powered by electrical | 12 | | charging units, such as, batteries, and
which fires one or | 13 | | several barbs attached to a length of wire and
which, upon | 14 | | hitting a human, can send out a current capable of | 15 | | disrupting
the person's nervous system in such a manner as | 16 | | to render him incapable of
normal functioning or (ii) any | 17 | | device which is powered by electrical
charging units, such | 18 | | as batteries, and which, upon contact with a human or
| 19 | | clothing worn by a human, can send out current capable of | 20 | | disrupting
the person's nervous system in such a manner as | 21 | | to render him incapable
of normal functioning; or
| 22 | | (11) Sells, manufactures or purchases any explosive | 23 | | bullet. For purposes
of this paragraph (a) "explosive | 24 | | bullet" means the projectile portion of
an ammunition | 25 | | cartridge which contains or carries an explosive charge | 26 | | which
will explode upon contact with the flesh of a human |
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| 1 | | or an animal.
"Cartridge" means a tubular metal case having | 2 | | a projectile affixed at the
front thereof and a cap or | 3 | | primer at the rear end thereof, with the
propellant | 4 | | contained in such tube between the projectile and the cap; | 5 | | or
| 6 | | (12) (Blank); or
| 7 | | (13) Carries or possesses on or about his or her person | 8 | | while in a building occupied by a unit of government, a | 9 | | billy club, other weapon of like character, or other | 10 | | instrument of like character intended for use as a weapon. | 11 | | For the purposes of this Section, "billy club" means a | 12 | | short stick or club commonly carried by police officers | 13 | | which is either telescopic or constructed of a solid piece | 14 | | of wood or other man-made material. | 15 | | (b) Sentence. A person convicted of a violation of | 16 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 17 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 18 | | Class A
misdemeanor.
A person convicted of a violation of | 19 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | 20 | | person
convicted of a violation of subsection 24-1(a)(6) or | 21 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 22 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 23 | | Class 2 felony and shall be sentenced to a term of imprisonment | 24 | | of not less than 3 years and not more than 7 years, unless the | 25 | | weapon is possessed in the
passenger compartment of a motor | 26 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
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| 1 | | Code, or on the person, while the weapon is loaded, in which
| 2 | | case it shall be a Class X felony. A person convicted of a
| 3 | | second or subsequent violation of subsection 24-1(a)(4), | 4 | | 24-1(a)(8) or ,
24-1(a)(9) , or
24-1(a)(10) commits a Class 3 | 5 | | felony. A person convicted of a
second or subsequent violation | 6 | | of subsection 24-1(a)(4) or 24-1(a)(10) commits a Class 3 | 7 | | felony and shall be sentenced to a term of imprisonment of not | 8 | | less than 3 years and not more than 10 years. The possession of | 9 | | each weapon in violation of this Section constitutes a single | 10 | | and separate violation.
| 11 | | (c) Violations in specific places.
| 12 | | (1) A person who violates subsection 24-1(a)(6) or | 13 | | 24-1(a)(7) in any
school, regardless of the time of day or | 14 | | the time of year, in residential
property owned, operated | 15 | | or managed by a public housing agency or
leased by
a public | 16 | | housing agency as part of a scattered site or mixed-income
| 17 | | development, in a
public park, in a courthouse, on the real | 18 | | property comprising any school,
regardless of the
time of | 19 | | day or the time of year, on residential property owned, | 20 | | operated
or
managed by a public housing agency
or leased by | 21 | | a public housing agency as part of a scattered site or
| 22 | | mixed-income development,
on the real property comprising | 23 | | any
public park, on the real property comprising any | 24 | | courthouse, in any conveyance
owned, leased or contracted | 25 | | by a school to
transport students to or from school or a | 26 | | school related activity, in any conveyance
owned, leased, |
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| 1 | | or contracted by a public transportation agency, or on any
| 2 | | public way within 1,000 feet of the real property | 3 | | comprising any school,
public park, courthouse, public | 4 | | transportation facility, or residential property owned, | 5 | | operated, or managed
by a public housing agency
or leased | 6 | | by a public housing agency as part of a scattered site or
| 7 | | mixed-income development
commits a Class 2 felony and shall | 8 | | be sentenced to a term of imprisonment of not less than 3 | 9 | | years and not more than 7 years.
| 10 | | (1.5) A person who violates subsection 24-1(a)(4), | 11 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | 12 | | time of day or the time of year,
in residential property | 13 | | owned, operated, or managed by a public
housing
agency
or | 14 | | leased by a public housing agency as part of a scattered | 15 | | site or
mixed-income development,
in
a public
park, in a | 16 | | courthouse, on the real property comprising any school, | 17 | | regardless
of the time of day or the time of year, on | 18 | | residential property owned,
operated, or managed by a | 19 | | public housing agency
or leased by a public housing agency | 20 | | as part of a scattered site or
mixed-income development,
on | 21 | | the real property
comprising any public park, on the real | 22 | | property comprising any courthouse, in
any conveyance | 23 | | owned, leased, or contracted by a school to transport | 24 | | students
to or from school or a school related activity, in | 25 | | any conveyance
owned, leased, or contracted by a public | 26 | | transportation agency, or on any public way within
1,000 |
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| 1 | | feet of the real property comprising any school, public | 2 | | park, courthouse,
public transportation facility, or | 3 | | residential property owned, operated, or managed by a | 4 | | public
housing agency
or leased by a public housing agency | 5 | | as part of a scattered site or
mixed-income development
| 6 | | commits a Class 3 felony.
| 7 | | (2) A person who violates subsection 24-1(a)(1), | 8 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 9 | | time of day or the time of year, in
residential property | 10 | | owned, operated or managed by a public housing
agency
or | 11 | | leased by a public housing agency as part of a scattered | 12 | | site or
mixed-income development,
in
a public park, in a | 13 | | courthouse, on the real property comprising any school,
| 14 | | regardless of the time of day or the time of year, on | 15 | | residential property
owned, operated or managed by a public | 16 | | housing agency
or leased by a public housing agency as part | 17 | | of a scattered site or
mixed-income development,
on the | 18 | | real property
comprising any public park, on the real | 19 | | property comprising any courthouse, in
any conveyance | 20 | | owned, leased or contracted by a school to transport | 21 | | students
to or from school or a school related activity, in | 22 | | any conveyance
owned, leased, or contracted by a public | 23 | | transportation agency, or on any public way within
1,000 | 24 | | feet of the real property comprising any school, public | 25 | | park, courthouse,
public transportation facility, or | 26 | | residential property owned, operated, or managed by a |
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| 1 | | public
housing agency or leased by a public housing agency | 2 | | as part of a scattered
site or mixed-income development | 3 | | commits a Class 4 felony. "Courthouse"
means any building | 4 | | that is used by the Circuit, Appellate, or Supreme Court of
| 5 | | this State for the conduct of official business.
| 6 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 7 | | (c) shall not
apply to law
enforcement officers or security | 8 | | officers of such school, college, or
university or to | 9 | | students carrying or possessing firearms for use in | 10 | | training
courses, parades, hunting, target shooting on | 11 | | school ranges, or otherwise with
the consent of school | 12 | | authorities and which firearms are transported unloaded
| 13 | | enclosed in a suitable case, box, or transportation | 14 | | package.
| 15 | | (4) For the purposes of this subsection (c), "school" | 16 | | means any public or
private elementary or secondary school, | 17 | | community college, college, or
university.
| 18 | | (5) For the purposes of this subsection (c), "public | 19 | | transportation agency" means a public or private agency | 20 | | that provides for the transportation or conveyance of
| 21 | | persons by means available to the general public, except | 22 | | for transportation
by automobiles not used for conveyance | 23 | | of the general public as passengers; and "public | 24 | | transportation facility" means a terminal or other place
| 25 | | where one may obtain public transportation.
| 26 | | (d) The presence in an automobile other than a public |
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| 1 | | omnibus of any
weapon, instrument or substance referred to in | 2 | | subsection (a)(7) is
prima facie evidence that it is in the | 3 | | possession of, and is being
carried by, all persons occupying | 4 | | such automobile at the time such
weapon, instrument or | 5 | | substance is found, except under the following
circumstances: | 6 | | (i) if such weapon, instrument or instrumentality is
found upon | 7 | | the person of one of the occupants therein; or (ii) if such
| 8 | | weapon, instrument or substance is found in an automobile | 9 | | operated for
hire by a duly licensed driver in the due, lawful | 10 | | and proper pursuit of
his trade, then such presumption shall | 11 | | not apply to the driver.
| 12 | | (e) Exemptions. Crossbows, Common or Compound bows and | 13 | | Underwater
Spearguns are exempted from the definition of | 14 | | ballistic knife as defined in
paragraph (1) of subsection (a) | 15 | | of this Section.
| 16 | | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | 17 | | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | 18 | | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| 19 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 20 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | 21 | | Felons or
Persons in the Custody of the
Department of | 22 | | Corrections Facilities. | 23 | | (a) It is unlawful
for a person to knowingly possess on or | 24 | | about his person or on his land or
in his own abode or fixed | 25 | | place of business any weapon prohibited under
Section 24-1 of |
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| 1 | | this Act or any firearm or any firearm ammunition if the
person | 2 | | has been convicted of a felony under the laws of this State or | 3 | | any
other jurisdiction. This Section shall not apply if the | 4 | | person has been
granted relief by the Director of the | 5 | | Department of State Police
under Section 10 of the Firearm | 6 | | Owners Identification
Card Act.
| 7 | | (b) It is unlawful for any person confined in a penal | 8 | | institution,
which is a facility of the Illinois Department of | 9 | | Corrections, to possess
any weapon prohibited under Section | 10 | | 24-1 of this Code or any firearm or
firearm ammunition, | 11 | | regardless of the intent with which he possesses it.
| 12 | | (c) It shall be an affirmative defense to a violation of | 13 | | subsection (b), that such possession was specifically | 14 | | authorized by rule,
regulation, or directive of the Illinois | 15 | | Department of Corrections or order
issued pursuant thereto.
| 16 | | (d) The defense of necessity is not available to a person | 17 | | who is charged
with a violation of subsection (b) of this | 18 | | Section.
| 19 | | (e) Sentence. Violation of this Section by a person not | 20 | | confined
in a penal institution shall be a Class 3 felony
for | 21 | | which the person shall be sentenced to no less than 4 2 years | 22 | | and no
more than 10 years and any second or subsequent | 23 | | violation shall be a Class 2 felony for which the person shall | 24 | | be sentenced to a term of imprisonment of not less than 5 3 | 25 | | years and not more than 14 years. Violation of this Section by | 26 | | a person not confined in a
penal institution who has been |
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| 1 | | convicted of a forcible felony, a felony
violation of Article | 2 | | 24 of this Code or of the Firearm Owners Identification
Card | 3 | | Act, stalking or aggravated stalking, or a Class 2 or greater | 4 | | felony
under the Illinois Controlled Substances Act, the | 5 | | Cannabis Control Act, or the Methamphetamine Control and | 6 | | Community Protection Act is a
Class 2 felony for which the | 7 | | person
shall be sentenced to not less than 3 years and not more | 8 | | than 14 years.
Violation of this Section by a person who is on | 9 | | parole or mandatory supervised
release is a Class 2 felony for | 10 | | which the person shall be sentenced to not less than 5 3 years | 11 | | and not more than 14
years. Violation of this Section by a | 12 | | person not confined in a penal
institution is a Class X felony | 13 | | when the firearm possessed is a machine gun.
Any person who | 14 | | violates this Section while confined in a penal
institution, | 15 | | which is a facility of the Illinois Department of
Corrections, | 16 | | is guilty of a Class 1
felony, if he possesses any weapon | 17 | | prohibited under Section 24-1 of this
Code regardless of the | 18 | | intent with which he possesses it, a Class X
felony if he | 19 | | possesses any firearm, firearm ammunition or explosive, and a
| 20 | | Class X felony for which the offender shall be sentenced to not | 21 | | less than 12
years and not more than 50 years when the firearm | 22 | | possessed is a machine
gun. A violation of this Section while | 23 | | wearing or in possession of body armor as defined in Section | 24 | | 33F-1 is a Class X felony punishable by a term of imprisonment | 25 | | of not less than 10 years and not more than 40 years.
The | 26 | | possession of each firearm or firearm ammunition in violation |
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| 1 | | of this Section constitutes a single and separate violation.
| 2 | | (Source: P.A. 97-237, eff. 1-1-12.)
| 3 | | (720 ILCS 5/24-1.6) | 4 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 5 | | (a) A person commits the offense of aggravated unlawful use | 6 | | of a weapon when
he or she knowingly: | 7 | | (1) Carries on or about his or her person or in any | 8 | | vehicle or concealed
on or about his or her person except | 9 | | when on his or her land or in his or her
abode, legal | 10 | | dwelling, or fixed place of business, or on the land or in | 11 | | the legal dwelling of another person as an invitee with | 12 | | that person's permission, any pistol, revolver, stun gun or | 13 | | taser or
other firearm; or | 14 | | (2) Carries or possesses on or about his or her person, | 15 | | upon any public
street, alley, or other public lands within | 16 | | the corporate limits of a city,
village or incorporated | 17 | | town, except when an invitee thereon or therein, for
the | 18 | | purpose of the display of such weapon or the lawful | 19 | | commerce in weapons, or
except when on his or her own land | 20 | | or in his or her own abode, legal dwelling, or fixed place | 21 | | of
business, or on the land or in the legal dwelling of | 22 | | another person as an invitee with that person's permission, | 23 | | any pistol, revolver, stun gun or taser or other firearm; | 24 | | and | 25 | | (3) One of the following factors is present: |
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| 1 | | (A) the firearm possessed was uncased, loaded and | 2 | | immediately accessible
at the time of the offense; or | 3 | | (B) the firearm possessed was uncased, unloaded | 4 | | and the ammunition for
the weapon was immediately | 5 | | accessible at the time of the offense; or | 6 | | (C) the person possessing the firearm has not been | 7 | | issued a currently
valid Firearm Owner's | 8 | | Identification Card; or | 9 | | (D) the person possessing the weapon was | 10 | | previously adjudicated
a delinquent minor under the | 11 | | Juvenile Court Act of 1987 for an act that if
committed | 12 | | by an adult would be a felony; or | 13 | | (E) the person possessing the weapon was engaged in | 14 | | a misdemeanor
violation of the Cannabis
Control Act, in | 15 | | a misdemeanor violation of the Illinois Controlled | 16 | | Substances
Act, or in a misdemeanor violation of the | 17 | | Methamphetamine Control and Community Protection Act; | 18 | | or | 19 | | (F) (blank); or | 20 | | (G) the person possessing the weapon had a order of | 21 | | protection issued
against him or her within the | 22 | | previous 2 years; or | 23 | | (H) the person possessing the weapon was engaged in | 24 | | the commission or
attempted commission of
a | 25 | | misdemeanor involving the use or threat of violence | 26 | | against
the person or property of another; or |
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| 1 | | (I) the person possessing the weapon was under 21 | 2 | | years of age and in
possession of a handgun as defined | 3 | | in Section 24-3, unless the person under 21
is engaged | 4 | | in lawful activities under the Wildlife Code or | 5 | | described in
subsection 24-2(b)(1), (b)(3), or | 6 | | 24-2(f). | 7 | | (b) "Stun gun or taser" as used in this Section has the | 8 | | same definition
given to it in Section 24-1 of this Code. | 9 | | (c) This Section does not apply to or affect the | 10 | | transportation or
possession
of weapons that: | 11 | | (i) are broken down in a non-functioning state; or | 12 | | (ii) are not immediately accessible; or | 13 | | (iii) are unloaded and enclosed in a case, firearm | 14 | | carrying box,
shipping box, or other container by a | 15 | | person who has been issued a currently
valid Firearm | 16 | | Owner's
Identification Card. | 17 | | (d) Sentence. | 18 | | (1) Aggravated unlawful use of a weapon is a Class 3 4 | 19 | | felony for which the person shall be sentenced to a term of | 20 | | imprisonment of not less 3 and not more than 7 years ;
a | 21 | | second or subsequent offense is a Class 2 felony for which | 22 | | the person shall be sentenced to a term of imprisonment of | 23 | | not less than 5 3 years and not more than 10 7 years. | 24 | | (2) Except as otherwise provided in paragraphs (3) and | 25 | | (4) of this subsection (d), a first offense of aggravated | 26 | | unlawful use of a weapon committed with a firearm by a |
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| 1 | | person 18 years of age or older where the factors listed in | 2 | | both items (A) and (C) of paragraph (3) of subsection (a) | 3 | | are present is a Class 3 4 felony, for which the person | 4 | | shall be sentenced to a term of imprisonment of not less | 5 | | than one year and not more than 3 years and not more than 7 | 6 | | years . | 7 | | (3) Aggravated unlawful use of
a weapon by a person who | 8 | | has been previously
convicted of a felony in this State or | 9 | | another jurisdiction is a Class 2
felony for which the | 10 | | person shall be sentenced to a term of imprisonment of not | 11 | | less than 3 years and not more than 7 years. | 12 | | (4) Aggravated unlawful use of a weapon while wearing | 13 | | or in possession of body armor as defined in Section 33F-1 | 14 | | by a person who has not been issued a valid Firearms | 15 | | Owner's Identification Card in accordance with Section 5 of | 16 | | the Firearm Owners Identification Card Act is a Class X | 17 | | felony.
| 18 | | (e) The possession of each firearm in violation of this | 19 | | Section constitutes a single and separate violation. | 20 | | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | 21 | | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.) | 22 | | (720 ILCS 5/24-1.8) | 23 | | Sec. 24-1.8. Unlawful possession of a firearm by a street | 24 | | gang member. | 25 | | (a) A person
commits unlawful possession of a firearm by a |
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| 1 | | street gang member when he or she knowingly: | 2 | | (1) possesses, carries, or conceals on or about his or | 3 | | her person a firearm and firearm ammunition while on any | 4 | | street, road, alley, gangway, sidewalk, or any other lands, | 5 | | except when inside his or her own abode or inside his or | 6 | | her fixed place of business, and has not been issued a | 7 | | currently valid Firearm Owner's Identification Card and is | 8 | | a member of a street gang; or | 9 | | (2) possesses or carries in any vehicle a firearm and | 10 | | firearm ammunition which are both immediately accessible | 11 | | at the time of the offense while on any street, road, | 12 | | alley, or any other lands, except when inside his or her | 13 | | own abode or garage, and has not been issued a currently | 14 | | valid Firearm Owner's Identification Card and is a member | 15 | | of a street gang. | 16 | | (b) Unlawful possession of a firearm by a street gang | 17 | | member is a Class 2 felony for which the person, if sentenced | 18 | | to a term of imprisonment, shall be sentenced to no less than 4 | 19 | | 3 years and no more than 10 years. A period of probation, a | 20 | | term of periodic imprisonment or conditional discharge shall | 21 | | not be imposed for the offense of unlawful possession of a | 22 | | firearm by a street gang member when the firearm was loaded or | 23 | | contained firearm ammunition and the court shall sentence the | 24 | | offender to not less than the minimum term of imprisonment | 25 | | authorized for the Class 2 felony. | 26 | | (c) For purposes of this Section: |
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| 1 | | "Street gang" or "gang" has the meaning ascribed to it | 2 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus | 3 | | Prevention Act. | 4 | | "Street gang member" or "gang member" has the meaning | 5 | | ascribed to it in Section 10 of the Illinois Streetgang | 6 | | Terrorism Omnibus Prevention Act.
| 7 | | (Source: P.A. 96-829, eff. 12-3-09.) | 8 | | (720 ILCS 5/24-11 new) | 9 | | Sec. 24-11. Deadly weapons dispositions; report. Each | 10 | | circuit court shall transmit to every local law enforcement | 11 | | agency located within the circuit, on a quarterly basis, the | 12 | | disposition of all cases involving violations of this Article | 13 | | 24 within the previous quarter. | 14 | | Section 10. The Unified Code of Corrections is amended by | 15 | | changing Sections 3-6-3 and 5-5-3 as follows:
| 16 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 17 | | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| 18 | | (a) (1) The Department of Corrections shall prescribe | 19 | | rules
and regulations for awarding and revoking sentence | 20 | | credit for persons committed to the Department which shall
| 21 | | be subject to review by the Prisoner Review Board.
| 22 | | (1.5) As otherwise provided by law, sentence credit may | 23 | | be awarded for the following: |
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| 1 | | (A) successful completion of programming while in | 2 | | custody of the Department or while in custody prior to | 3 | | sentencing; | 4 | | (B) compliance with the rules and regulations of | 5 | | the Department; or | 6 | | (C) service to the institution, service to a | 7 | | community, or service to the State.
| 8 | | (2) The rules and regulations on sentence credit shall | 9 | | provide, with
respect to offenses listed in clause (i), | 10 | | (ii), or (iii) of this paragraph (2) committed on or after | 11 | | June 19, 1998 or with respect to the offense listed in | 12 | | clause (iv) of this paragraph (2) committed on or after | 13 | | June 23, 2005 (the effective date of Public Act 94-71) or | 14 | | with
respect to offense listed in clause (vi)
committed on | 15 | | or after June 1, 2008 (the effective date of Public Act | 16 | | 95-625)
or with respect to the offense of being an armed | 17 | | habitual criminal committed on or after August 2, 2005 (the | 18 | | effective date of Public Act 94-398) or with respect to the | 19 | | offenses listed in clause (v) of this paragraph (2) | 20 | | committed on or after August 13, 2007 (the effective date | 21 | | of Public Act 95-134) or with respect to the offense of | 22 | | aggravated domestic battery committed on or after July 23, | 23 | | 2010 (the effective date of Public Act 96-1224) or with | 24 | | respect to the offense of attempt to commit terrorism | 25 | | committed on or after January 1, 2013 (the effective date | 26 | | of Public Act 97-990) or with
respect to offenses listed in |
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| 1 | | clause (viii)
committed on or after the effective date of | 2 | | this amendatory Act of the 98th General Assembly , the | 3 | | following:
| 4 | | (i) that a prisoner who is serving a term of | 5 | | imprisonment for first
degree murder or for the offense | 6 | | of terrorism shall receive no sentence
credit and shall | 7 | | serve the entire
sentence imposed by the court;
| 8 | | (ii) that a prisoner serving a sentence for attempt | 9 | | to commit terrorism, attempt to commit first
degree | 10 | | murder, solicitation of murder, solicitation of murder | 11 | | for hire,
intentional homicide of an unborn child, | 12 | | predatory criminal sexual assault of a
child, | 13 | | aggravated criminal sexual assault, criminal sexual | 14 | | assault, aggravated
kidnapping, aggravated battery | 15 | | with a firearm as described in Section 12-4.2 or | 16 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | 17 | | Section 12-3.05, heinous battery as described in | 18 | | Section 12-4.1 or subdivision (a)(2) of Section | 19 | | 12-3.05, being an armed habitual criminal, aggravated
| 20 | | battery of a senior citizen as described in Section | 21 | | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | 22 | | aggravated battery of a child as described in Section | 23 | | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | 24 | | receive no
more than 4.5 days of sentence credit for | 25 | | each month of his or her sentence
of imprisonment;
| 26 | | (iii) that a prisoner serving a sentence
for home |
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| 1 | | invasion, armed robbery, aggravated vehicular | 2 | | hijacking,
aggravated discharge of a firearm, or armed | 3 | | violence with a category I weapon
or category II | 4 | | weapon, when the court
has made and entered a finding, | 5 | | pursuant to subsection (c-1) of Section 5-4-1
of this | 6 | | Code, that the conduct leading to conviction for the | 7 | | enumerated offense
resulted in great bodily harm to a | 8 | | victim, shall receive no more than 4.5 days
of sentence | 9 | | credit for each month of his or her sentence of | 10 | | imprisonment;
| 11 | | (iv) that a prisoner serving a sentence for | 12 | | aggravated discharge of a firearm, whether or not the | 13 | | conduct leading to conviction for the offense resulted | 14 | | in great bodily harm to the victim, shall receive no | 15 | | more than 4.5 days of sentence credit for each month of | 16 | | his or her sentence of imprisonment;
| 17 | | (v) that a person serving a sentence for | 18 | | gunrunning, narcotics racketeering, controlled | 19 | | substance trafficking, methamphetamine trafficking, | 20 | | drug-induced homicide, aggravated | 21 | | methamphetamine-related child endangerment, money | 22 | | laundering pursuant to clause (c) (4) or (5) of Section | 23 | | 29B-1 of the Criminal Code of 1961 or the Criminal Code | 24 | | of 2012, or a Class X felony conviction for delivery of | 25 | | a controlled substance, possession of a controlled | 26 | | substance with intent to manufacture or deliver, |
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| 1 | | calculated criminal drug conspiracy, criminal drug | 2 | | conspiracy, street gang criminal drug conspiracy, | 3 | | participation in methamphetamine manufacturing, | 4 | | aggravated participation in methamphetamine | 5 | | manufacturing, delivery of methamphetamine, possession | 6 | | with intent to deliver methamphetamine, aggravated | 7 | | delivery of methamphetamine, aggravated possession | 8 | | with intent to deliver methamphetamine, | 9 | | methamphetamine conspiracy when the substance | 10 | | containing the controlled substance or methamphetamine | 11 | | is 100 grams or more shall receive no more than 7.5 | 12 | | days sentence credit for each month of his or her | 13 | | sentence of imprisonment;
| 14 | | (vi)
that a prisoner serving a sentence for a | 15 | | second or subsequent offense of luring a minor shall | 16 | | receive no more than 4.5 days of sentence credit for | 17 | | each month of his or her sentence of imprisonment; and
| 18 | | (vii) that a prisoner serving a sentence for | 19 | | aggravated domestic battery shall receive no more than | 20 | | 4.5 days of sentence credit for each month of his or | 21 | | her sentence of imprisonment ; and | 22 | | (viii) that a prisoner serving a sentence for a | 23 | | violation of Section 24-1.1, 24-1.6, or 24-1.8 or | 24 | | subsection 24-1(a)(4) or 24-1(a)(10) of the Criminal | 25 | | Code of 2012 shall receive no more than 4.5 days of | 26 | | sentence credit for each month of his or her sentence |
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| 1 | | of imprisonment .
| 2 | | (2.1) For all offenses, other than those enumerated in | 3 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 4 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or | 5 | | after June 23, 2005 (the effective date of Public Act | 6 | | 94-71) or subdivision (a)(2)(v) committed on or after | 7 | | August 13, 2007 (the effective date of Public Act 95-134)
| 8 | | or subdivision (a)(2)(vi) committed on or after June 1, | 9 | | 2008 (the effective date of Public Act 95-625) or | 10 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 11 | | (the effective date of Public Act 96-1224), and other than | 12 | | the offense of aggravated driving under the influence of | 13 | | alcohol, other drug or drugs, or
intoxicating compound or | 14 | | compounds, or any combination thereof as defined in
| 15 | | subparagraph (F) of paragraph (1) of subsection (d) of | 16 | | Section 11-501 of the
Illinois Vehicle Code, and other than | 17 | | the offense of aggravated driving under the influence of | 18 | | alcohol,
other drug or drugs, or intoxicating compound or | 19 | | compounds, or any combination
thereof as defined in | 20 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 21 | | Section 11-501 of the Illinois Vehicle Code committed on or | 22 | | after January 1, 2011 (the effective date of Public Act | 23 | | 96-1230),
the rules and regulations shall
provide that a | 24 | | prisoner who is serving a term of
imprisonment shall | 25 | | receive one day of sentence credit for each day of
his or | 26 | | her sentence of imprisonment or recommitment under Section |
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| 1 | | 3-3-9.
Each day of sentence credit shall reduce by one day | 2 | | the prisoner's period
of imprisonment or recommitment | 3 | | under Section 3-3-9.
| 4 | | (2.2) A prisoner serving a term of natural life | 5 | | imprisonment or a
prisoner who has been sentenced to death | 6 | | shall receive no sentence
credit.
| 7 | | (2.3) The rules and regulations on sentence credit | 8 | | shall provide that
a prisoner who is serving a sentence for | 9 | | aggravated driving under the influence of alcohol,
other | 10 | | drug or drugs, or intoxicating compound or compounds, or | 11 | | any combination
thereof as defined in subparagraph (F) of | 12 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 13 | | Illinois Vehicle Code, shall receive no more than 4.5
days | 14 | | of sentence credit for each month of his or her sentence of
| 15 | | imprisonment.
| 16 | | (2.4) The rules and regulations on sentence credit | 17 | | shall provide with
respect to the offenses of aggravated | 18 | | battery with a machine gun or a firearm
equipped with any | 19 | | device or attachment designed or used for silencing the
| 20 | | report of a firearm or aggravated discharge of a machine | 21 | | gun or a firearm
equipped with any device or attachment | 22 | | designed or used for silencing the
report of a firearm, | 23 | | committed on or after
July 15, 1999 (the effective date of | 24 | | Public Act 91-121),
that a prisoner serving a sentence for | 25 | | any of these offenses shall receive no
more than 4.5 days | 26 | | of sentence credit for each month of his or her sentence
of |
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| 1 | | imprisonment.
| 2 | | (2.5) The rules and regulations on sentence credit | 3 | | shall provide that a
prisoner who is serving a sentence for | 4 | | aggravated arson committed on or after
July 27, 2001 (the | 5 | | effective date of Public Act 92-176) shall receive no more | 6 | | than
4.5 days of sentence credit for each month of his or | 7 | | her sentence of
imprisonment.
| 8 | | (2.6) The rules and regulations on sentence credit | 9 | | shall provide that a
prisoner who is serving a sentence for | 10 | | aggravated driving under the influence of alcohol,
other | 11 | | drug or drugs, or intoxicating compound or compounds or any | 12 | | combination
thereof as defined in subparagraph (C) of | 13 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 14 | | Illinois Vehicle Code committed on or after January 1, 2011 | 15 | | (the effective date of Public Act 96-1230) shall receive no | 16 | | more than 4.5
days of sentence credit for each month of his | 17 | | or her sentence of
imprisonment.
| 18 | | (3) The rules and regulations shall also provide that
| 19 | | the Director may award up to 180 days additional sentence
| 20 | | credit for good conduct in specific instances as the
| 21 | | Director deems proper. The good conduct may include, but is | 22 | | not limited to, compliance with the rules and regulations | 23 | | of the Department, service to the Department, service to a | 24 | | community, or service to the State. However, the Director | 25 | | shall not award more than 90 days
of sentence credit for | 26 | | good conduct to any prisoner who is serving a sentence for
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| 1 | | conviction of first degree murder, reckless homicide while | 2 | | under the
influence of alcohol or any other drug,
or | 3 | | aggravated driving under the influence of alcohol, other | 4 | | drug or drugs, or
intoxicating compound or compounds, or | 5 | | any combination thereof as defined in
subparagraph (F) of | 6 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 7 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 8 | | predatory criminal sexual assault of a child,
aggravated | 9 | | criminal sexual assault, criminal sexual assault, deviate | 10 | | sexual
assault, aggravated criminal sexual abuse, | 11 | | aggravated indecent liberties
with a child, indecent | 12 | | liberties with a child, child pornography, heinous
battery | 13 | | as described in Section 12-4.1 or subdivision (a)(2) of | 14 | | Section 12-3.05, aggravated battery of a spouse, | 15 | | aggravated battery of a spouse
with a firearm, stalking, | 16 | | aggravated stalking, aggravated battery of a child as | 17 | | described in Section 12-4.3 or subdivision (b)(1) of | 18 | | Section 12-3.05,
endangering the life or health of a child, | 19 | | or cruelty to a child. Notwithstanding the foregoing, | 20 | | sentence credit for
good conduct shall not be awarded on a
| 21 | | sentence of imprisonment imposed for conviction of: (i) one | 22 | | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | 23 | | or (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 |
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| 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) or subdivision | 5 | | (a)(2)(vii) when the offense is committed on or after July | 6 | | 23, 2010 (the effective date of Public Act 96-1224), (ii) | 7 | | aggravated driving under the influence of alcohol, other | 8 | | drug or drugs, or
intoxicating compound or compounds, or | 9 | | any combination thereof as defined in
subparagraph (F) of | 10 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 11 | | Illinois Vehicle Code, (iii) one of the offenses enumerated | 12 | | in subdivision
(a)(2.4) when the offense is committed on or | 13 | | after
July 15, 1999 (the effective date of Public Act | 14 | | 91-121),
(iv) aggravated arson when the offense is | 15 | | committed
on or after July 27, 2001 (the effective date of | 16 | | Public Act 92-176), (v) offenses that may subject the | 17 | | offender to commitment under the Sexually Violent Persons | 18 | | Commitment Act, or (vi) aggravated driving under the | 19 | | influence of alcohol,
other drug or drugs, or intoxicating | 20 | | compound or compounds or any combination
thereof as defined | 21 | | in subparagraph (C) of paragraph (1) of subsection (d) of
| 22 | | Section 11-501 of the Illinois Vehicle Code committed on or | 23 | | after January 1, 2011 (the effective date of Public Act | 24 | | 96-1230).
| 25 | | Eligible inmates for an award of sentence credit under
this | 26 | | paragraph (3) may be selected to receive the credit at
the |
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| 1 | | Director's or his or her designee's sole discretion.
| 2 | | Consideration may be based on, but not limited to, any
| 3 | | available risk assessment analysis on the inmate, any history | 4 | | of conviction for violent crimes as defined by the Rights of | 5 | | Crime Victims and Witnesses Act, facts and circumstances of the | 6 | | inmate's holding offense or offenses, and the potential for | 7 | | rehabilitation. | 8 | | The Director shall not award sentence credit under this | 9 | | paragraph (3) to an inmate unless the inmate has served a | 10 | | minimum of 60 days of the sentence; except nothing in this | 11 | | paragraph shall be construed to permit the Director to extend | 12 | | an inmate's sentence beyond that which was imposed by the | 13 | | court. Prior to awarding credit under this paragraph (3), the | 14 | | Director shall make a written determination that the inmate: | 15 | | (A) is eligible for the sentence credit; | 16 | | (B) has served a minimum of 60 days, or as close to | 17 | | 60 days as the sentence will allow; and | 18 | | (C) has met the eligibility criteria established | 19 | | by rule. | 20 | | The Director shall determine the form and content of | 21 | | the written determination required in this subsection. | 22 | | (3.5) The Department shall provide annual written | 23 | | reports to the Governor and the General Assembly on the | 24 | | award of sentence credit for good conduct, with the first | 25 | | report due January 1, 2014. The Department must publish | 26 | | both reports on its website within 48 hours of transmitting |
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| 1 | | the reports to the Governor and the General Assembly. The | 2 | | reports must include: | 3 | | (A) the number of inmates awarded sentence credit | 4 | | for good conduct; | 5 | | (B) the average amount of sentence credit for good | 6 | | conduct awarded; | 7 | | (C) the holding offenses of inmates awarded | 8 | | sentence credit for good conduct; and | 9 | | (D) the number of sentence credit for good conduct | 10 | | revocations.
| 11 | | (4) The rules and regulations shall also provide that | 12 | | the sentence
credit accumulated and retained under | 13 | | paragraph (2.1) of subsection (a) of
this Section by any | 14 | | inmate during specific periods of time in which such
inmate | 15 | | is engaged full-time in substance abuse programs, | 16 | | correctional
industry assignments, educational programs, | 17 | | behavior modification programs, life skills courses, or | 18 | | re-entry planning provided by the Department
under this | 19 | | paragraph (4) and satisfactorily completes the assigned | 20 | | program as
determined by the standards of the Department, | 21 | | shall be multiplied by a factor
of 1.25 for program | 22 | | participation before August 11, 1993
and 1.50 for program | 23 | | participation on or after that date.
The rules and | 24 | | regulations shall also provide that sentence credit, | 25 | | subject to the same offense limits and multiplier provided | 26 | | in this paragraph, may be provided to an inmate who was |
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| 1 | | held in pre-trial detention prior to his or her current | 2 | | commitment to the Department of Corrections and | 3 | | successfully completed a full-time, 60-day or longer | 4 | | substance abuse program, educational program, behavior | 5 | | modification program, life skills course, or re-entry | 6 | | planning provided by the county department of corrections | 7 | | or county jail. Calculation of this county program credit | 8 | | shall be done at sentencing as provided in Section | 9 | | 5-4.5-100 of this Code and shall be included in the | 10 | | sentencing order. However, no inmate shall be eligible for | 11 | | the additional sentence credit
under this paragraph (4) or | 12 | | (4.1) of this subsection (a) while assigned to a boot camp
| 13 | | or electronic detention, or if convicted of an offense | 14 | | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | 15 | | Section that is committed on or after June 19,
1998 or | 16 | | subdivision (a)(2)(iv) of this Section that is committed on | 17 | | or after June 23, 2005 (the effective date of Public Act | 18 | | 94-71) or subdivision (a)(2)(v) of this Section that is | 19 | | committed on or after August 13, 2007 (the effective date | 20 | | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | 21 | | offense is committed on or after June 1, 2008 (the | 22 | | effective date of Public Act 95-625) or subdivision | 23 | | (a)(2)(vii) when the offense is committed on or after July | 24 | | 23, 2010 (the effective date of Public Act 96-1224), or if | 25 | | convicted of aggravated driving under the influence of | 26 | | alcohol, other drug or drugs, or
intoxicating compound or |
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| 1 | | compounds or any combination thereof as defined in
| 2 | | subparagraph (F) of paragraph (1) of subsection (d) of | 3 | | Section 11-501 of the
Illinois Vehicle Code, or if | 4 | | convicted of aggravated driving under the influence of | 5 | | alcohol,
other drug or drugs, or intoxicating compound or | 6 | | compounds or any combination
thereof as defined in | 7 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 8 | | Section 11-501 of the Illinois Vehicle Code committed on or | 9 | | after January 1, 2011 (the effective date of Public Act | 10 | | 96-1230), or if convicted of an offense enumerated in | 11 | | paragraph
(a)(2.4) of this Section that is committed on or | 12 | | after
July 15, 1999 (the effective date of Public Act | 13 | | 91-121),
or first degree murder, a Class X felony, criminal | 14 | | sexual
assault, felony criminal sexual abuse, aggravated | 15 | | criminal sexual abuse,
aggravated battery with a firearm as | 16 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | 17 | | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | 18 | | successor offenses
with the same or substantially the same | 19 | | elements, or any inchoate offenses
relating to the | 20 | | foregoing offenses. No inmate shall be eligible for the
| 21 | | additional good conduct credit under this paragraph (4) who | 22 | | (i) has previously
received increased good conduct credit | 23 | | under this paragraph (4) and has
subsequently been | 24 | | convicted of a
felony, or (ii) has previously served more | 25 | | than one prior sentence of
imprisonment for a felony in an | 26 | | adult correctional facility.
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| 1 | | Educational, vocational, substance abuse, behavior | 2 | | modification programs, life skills courses, re-entry | 3 | | planning, and correctional
industry programs under which | 4 | | sentence credit may be increased under
this paragraph (4) | 5 | | and paragraph (4.1) of this subsection (a) shall be | 6 | | evaluated by the Department on the basis of
documented | 7 | | standards. The Department shall report the results of these
| 8 | | evaluations to the Governor and the General Assembly by | 9 | | September 30th of each
year. The reports shall include data | 10 | | relating to the recidivism rate among
program | 11 | | participants.
| 12 | | Availability of these programs shall be subject to the
| 13 | | limits of fiscal resources appropriated by the General | 14 | | Assembly for these
purposes. Eligible inmates who are | 15 | | denied immediate admission shall be
placed on a waiting | 16 | | list under criteria established by the Department.
The | 17 | | inability of any inmate to become engaged in any such | 18 | | programs
by reason of insufficient program resources or for | 19 | | any other reason
established under the rules and | 20 | | regulations of the Department shall not be
deemed a cause | 21 | | of action under which the Department or any employee or
| 22 | | agent of the Department shall be liable for damages to the | 23 | | inmate.
| 24 | | (4.1) The rules and regulations shall also provide that | 25 | | an additional 60 days of sentence credit shall be awarded | 26 | | to any prisoner who passes the high school level Test of |
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| 1 | | General Educational Development (GED) while the prisoner | 2 | | is committed to the Department of Corrections. The sentence | 3 | | credit awarded under this paragraph (4.1) shall be in | 4 | | addition to, and shall not affect, the award of sentence | 5 | | credit under any other paragraph of this Section, but shall | 6 | | also be pursuant to the guidelines and restrictions set | 7 | | forth in paragraph (4) of subsection (a) of this Section.
| 8 | | The sentence credit provided for in this paragraph shall be | 9 | | available only to those prisoners who have not previously | 10 | | earned a high school diploma or a GED. If, after an award | 11 | | of the GED sentence credit has been made and the Department | 12 | | determines that the prisoner was not eligible, then the | 13 | | award shall be revoked.
The Department may also award 60 | 14 | | days of sentence credit to any committed person who passed | 15 | | the high school level Test of General Educational | 16 | | Development (GED) while he or she was held in pre-trial | 17 | | detention prior to the current commitment to the Department | 18 | | of Corrections.
| 19 | | (4.5) The rules and regulations on sentence credit | 20 | | shall also provide that
when the court's sentencing order | 21 | | recommends a prisoner for substance abuse treatment and the
| 22 | | crime was committed on or after September 1, 2003 (the | 23 | | effective date of
Public Act 93-354), the prisoner shall | 24 | | receive no sentence credit awarded under clause (3) of this | 25 | | subsection (a) unless he or she participates in and
| 26 | | completes a substance abuse treatment program. The |
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| 1 | | Director may waive the requirement to participate in or | 2 | | complete a substance abuse treatment program and award the | 3 | | sentence credit in specific instances if the prisoner is | 4 | | not a good candidate for a substance abuse treatment | 5 | | program for medical, programming, or operational reasons. | 6 | | Availability of
substance abuse treatment shall be subject | 7 | | to the limits of fiscal resources
appropriated by the | 8 | | General Assembly for these purposes. If treatment is not
| 9 | | available and the requirement to participate and complete | 10 | | the treatment has not been waived by the Director, the | 11 | | prisoner shall be placed on a waiting list under criteria
| 12 | | established by the Department. The Director may allow a | 13 | | prisoner placed on
a waiting list to participate in and | 14 | | complete a substance abuse education class or attend | 15 | | substance
abuse self-help meetings in lieu of a substance | 16 | | abuse treatment program. A prisoner on a waiting list who | 17 | | is not placed in a substance abuse program prior to release | 18 | | may be eligible for a waiver and receive sentence credit | 19 | | under clause (3) of this subsection (a) at the discretion | 20 | | of the Director.
| 21 | | (4.6) The rules and regulations on sentence credit | 22 | | shall also provide that a prisoner who has been convicted | 23 | | of a sex offense as defined in Section 2 of the Sex | 24 | | Offender Registration Act shall receive no sentence credit | 25 | | unless he or she either has successfully completed or is | 26 | | participating in sex offender treatment as defined by the |
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| 1 | | Sex Offender Management Board. However, prisoners who are | 2 | | waiting to receive treatment, but who are unable to do so | 3 | | due solely to the lack of resources on the part of the | 4 | | Department, may, at the Director's sole discretion, be | 5 | | awarded sentence credit at a rate as the Director shall | 6 | | determine.
| 7 | | (5) Whenever the Department is to release any inmate | 8 | | earlier than it
otherwise would because of a grant of | 9 | | sentence credit for good conduct under paragraph (3) of | 10 | | subsection (a) of this Section given at any time during the | 11 | | term, the Department shall give
reasonable notice of the | 12 | | impending release not less than 14 days prior to the date | 13 | | of the release to the State's
Attorney of the county where | 14 | | the prosecution of the inmate took place, and if | 15 | | applicable, the State's Attorney of the county into which | 16 | | the inmate will be released. The Department must also make | 17 | | identification information and a recent photo of the inmate | 18 | | being released accessible on the Internet by means of a | 19 | | hyperlink labeled "Community Notification of Inmate Early | 20 | | Release" on the Department's World Wide Web homepage.
The | 21 | | identification information shall include the inmate's: | 22 | | name, any known alias, date of birth, physical | 23 | | characteristics, residence address, commitment offense and | 24 | | county where conviction was imposed. The identification | 25 | | information shall be placed on the website within 3 days of | 26 | | the inmate's release and the information may not be removed |
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| 1 | | until either: completion of the first year of mandatory | 2 | | supervised release or return of the inmate to custody of | 3 | | the Department.
| 4 | | (b) Whenever a person is or has been committed under
| 5 | | several convictions, with separate sentences, the sentences
| 6 | | shall be construed under Section 5-8-4 in granting and
| 7 | | forfeiting of sentence credit.
| 8 | | (c) The Department shall prescribe rules and regulations
| 9 | | for revoking sentence credit, including revoking sentence | 10 | | credit awarded for good conduct under paragraph (3) of | 11 | | subsection (a) of this Section. The Department shall prescribe | 12 | | rules and regulations for suspending or reducing
the rate of | 13 | | accumulation of sentence credit for specific
rule violations, | 14 | | during imprisonment. These rules and regulations
shall provide | 15 | | that no inmate may be penalized more than one
year of sentence | 16 | | credit for any one infraction.
| 17 | | When the Department seeks to revoke, suspend or reduce
the | 18 | | rate of accumulation of any sentence credits for
an alleged | 19 | | infraction of its rules, it shall bring charges
therefor | 20 | | against the prisoner sought to be so deprived of
sentence | 21 | | credits before the Prisoner Review Board as
provided in | 22 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 23 | | amount of credit at issue exceeds 30 days or
when during any 12 | 24 | | month period, the cumulative amount of
credit revoked exceeds | 25 | | 30 days except where the infraction is committed
or discovered | 26 | | within 60 days of scheduled release. In those cases,
the |
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| 1 | | Department of Corrections may revoke up to 30 days of sentence | 2 | | credit.
The Board may subsequently approve the revocation of | 3 | | additional sentence credit, if the Department seeks to revoke | 4 | | sentence credit in
excess of 30 days. However, the Board shall | 5 | | not be empowered to review the
Department's decision with | 6 | | respect to the loss of 30 days of sentence
credit within any | 7 | | calendar year for any prisoner or to increase any penalty
| 8 | | beyond the length requested by the Department.
| 9 | | The Director of the Department of Corrections, in | 10 | | appropriate cases, may
restore up to 30 days of sentence | 11 | | credits which have been revoked, suspended
or reduced. Any | 12 | | restoration of sentence credits in excess of 30 days shall
be | 13 | | subject to review by the Prisoner Review Board. However, the | 14 | | Board may not
restore sentence credit in excess of the amount | 15 | | requested by the Director.
| 16 | | Nothing contained in this Section shall prohibit the | 17 | | Prisoner Review Board
from ordering, pursuant to Section | 18 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 19 | | sentence imposed by the court that was not served due to the
| 20 | | accumulation of sentence credit.
| 21 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 22 | | federal court
against the State, the Department of Corrections, | 23 | | or the Prisoner Review Board,
or against any of
their officers | 24 | | or employees, and the court makes a specific finding that a
| 25 | | pleading, motion, or other paper filed by the prisoner is | 26 | | frivolous, the
Department of Corrections shall conduct a |
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| 1 | | hearing to revoke up to
180 days of sentence credit by bringing | 2 | | charges against the prisoner
sought to be deprived of the | 3 | | sentence credits before the Prisoner Review
Board as provided | 4 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 5 | | prisoner has not accumulated 180 days of sentence credit at the
| 6 | | time of the finding, then the Prisoner Review Board may revoke | 7 | | all
sentence credit accumulated by the prisoner.
| 8 | | For purposes of this subsection (d):
| 9 | | (1) "Frivolous" means that a pleading, motion, or other | 10 | | filing which
purports to be a legal document filed by a | 11 | | prisoner in his or her lawsuit meets
any or all of the | 12 | | following criteria:
| 13 | | (A) it lacks an arguable basis either in law or in | 14 | | fact;
| 15 | | (B) it is being presented for any improper purpose, | 16 | | such as to harass or
to cause unnecessary delay or | 17 | | needless increase in the cost of litigation;
| 18 | | (C) the claims, defenses, and other legal | 19 | | contentions therein are not
warranted by existing law | 20 | | or by a nonfrivolous argument for the extension,
| 21 | | modification, or reversal of existing law or the | 22 | | establishment of new law;
| 23 | | (D) the allegations and other factual contentions | 24 | | do not have
evidentiary
support or, if specifically so | 25 | | identified, are not likely to have evidentiary
support | 26 | | after a reasonable opportunity for further |
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| 1 | | investigation or discovery;
or
| 2 | | (E) the denials of factual contentions are not | 3 | | warranted on the
evidence, or if specifically so | 4 | | identified, are not reasonably based on a lack
of | 5 | | information or belief.
| 6 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 7 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 8 | | action under
Article X of the Code of Civil Procedure or | 9 | | under federal law (28 U.S.C. 2254),
a petition for claim | 10 | | under the Court of Claims Act, an action under the
federal | 11 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 12 | | subsequent petition for post-conviction relief under | 13 | | Article 122 of the Code of Criminal Procedure of 1963 | 14 | | whether filed with or without leave of court or a second or | 15 | | subsequent petition for relief from judgment under Section | 16 | | 2-1401 of the Code of Civil Procedure.
| 17 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 18 | | validity of Public Act 89-404.
| 19 | | (f) Whenever the Department is to release any inmate who | 20 | | has been convicted of a violation of an order of protection | 21 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 22 | | the Criminal Code of 2012, earlier than it
otherwise would | 23 | | because of a grant of sentence credit, the Department, as a | 24 | | condition of release, shall require that the person, upon | 25 | | release, be placed under electronic surveillance as provided in | 26 | | Section 5-8A-7 of this Code. |
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| 1 | | (Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; | 2 | | 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. | 3 | | 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, | 4 | | eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; | 5 | | 97-1150, eff. 1-25-13.)
| 6 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 7 | | Sec. 5-5-3. Disposition.
| 8 | | (a) (Blank).
| 9 | | (b) (Blank).
| 10 | | (c) (1) (Blank).
| 11 | | (2) A period of probation, a term of periodic | 12 | | imprisonment or
conditional discharge shall not be imposed | 13 | | for the following offenses.
The court shall sentence the | 14 | | offender to not less than the minimum term
of imprisonment | 15 | | set forth in this Code for the following offenses, and
may | 16 | | order a fine or restitution or both in conjunction with | 17 | | such term of
imprisonment:
| 18 | | (A) First degree murder where the death penalty is | 19 | | not imposed.
| 20 | | (B) Attempted first degree murder.
| 21 | | (C) A Class X felony.
| 22 | | (D) A violation of Section 401.1 or 407 of the
| 23 | | Illinois Controlled Substances Act, or a violation of | 24 | | subdivision (c)(1.5) or
(c)(2) of
Section 401 of that | 25 | | Act which relates to more than 5 grams of a substance
|
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| 1 | | containing cocaine, fentanyl, or an analog thereof.
| 2 | | (D-5) A violation of subdivision (c)(1) of
Section | 3 | | 401 of the Illinois Controlled Substances Act which | 4 | | relates to 3 or more grams of a substance
containing | 5 | | heroin or an analog thereof.
| 6 | | (E) A violation of Section 5.1 or 9 of the Cannabis | 7 | | Control
Act.
| 8 | | (F) A Class 2 or greater felony if the offender had | 9 | | been convicted
of a Class 2 or greater felony, | 10 | | including any state or federal conviction for an | 11 | | offense that contained, at the time it was committed, | 12 | | the same elements as an offense now (the date of the | 13 | | offense committed after the prior Class 2 or greater | 14 | | felony) classified as a Class 2 or greater felony, | 15 | | within 10 years of the date on which the
offender
| 16 | | committed the offense for which he or she is being | 17 | | sentenced, except as
otherwise provided in Section | 18 | | 40-10 of the Alcoholism and Other Drug Abuse and
| 19 | | Dependency Act.
| 20 | | (F-5) A violation of Section 24-1, 24-1.1, or | 21 | | 24-1.6 , or 24-1.8 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012 for which imprisonment is | 23 | | prescribed in those Sections.
| 24 | | (G) Residential burglary, except as otherwise | 25 | | provided in Section 40-10
of the Alcoholism and Other | 26 | | Drug Abuse and Dependency Act.
|
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| 1 | | (H) Criminal sexual assault.
| 2 | | (I) Aggravated battery of a senior citizen as | 3 | | described in Section 12-4.6 or subdivision (a)(4) of | 4 | | Section 12-3.05 of the Criminal Code of 1961 or the | 5 | | Criminal Code of 2012.
| 6 | | (J) A forcible felony if the offense was related to | 7 | | the activities of an
organized gang.
| 8 | | Before July 1, 1994, for the purposes of this | 9 | | paragraph, "organized
gang" means an association of 5 | 10 | | or more persons, with an established hierarchy,
that | 11 | | encourages members of the association to perpetrate | 12 | | crimes or provides
support to the members of the | 13 | | association who do commit crimes.
| 14 | | Beginning July 1, 1994, for the purposes of this | 15 | | paragraph,
"organized gang" has the meaning ascribed | 16 | | to it in Section 10 of the Illinois
Streetgang | 17 | | Terrorism Omnibus Prevention Act.
| 18 | | (K) Vehicular hijacking.
| 19 | | (L) A second or subsequent conviction for the | 20 | | offense of hate crime
when the underlying offense upon | 21 | | which the hate crime is based is felony
aggravated
| 22 | | assault or felony mob action.
| 23 | | (M) A second or subsequent conviction for the | 24 | | offense of institutional
vandalism if the damage to the | 25 | | property exceeds $300.
| 26 | | (N) A Class 3 felony violation of paragraph (1) of |
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| 1 | | subsection (a) of
Section 2 of the Firearm Owners | 2 | | Identification Card Act.
| 3 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 4 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 5 | | (P) A violation of paragraph (1), (2), (3), (4), | 6 | | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 7 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 8 | | (Q) A violation of subsection (b) or (b-5) of | 9 | | Section 20-1, Section 20-1.2, or Section 20-1.3 of the | 10 | | Criminal Code of
1961 or the Criminal Code of 2012.
| 11 | | (R) A violation of Section 24-3A of the Criminal | 12 | | Code of
1961 or the Criminal Code of 2012.
| 13 | | (S) (Blank).
| 14 | | (T) A second or subsequent violation of the | 15 | | Methamphetamine Control and Community Protection Act.
| 16 | | (U) A second or subsequent violation of Section | 17 | | 6-303 of the Illinois Vehicle Code committed while his | 18 | | or her driver's license, permit, or privilege was | 19 | | revoked because of a violation of Section 9-3 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012, | 21 | | relating to the offense of reckless homicide, or a | 22 | | similar provision of a law of another state.
| 23 | | (V)
A violation of paragraph (4) of subsection (c) | 24 | | of Section 11-20.1B or paragraph (4) of subsection (c) | 25 | | of Section 11-20.3 of the Criminal Code of 1961, or | 26 | | paragraph (6) of subsection (a) of Section 11-20.1 of |
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| 1 | | the Criminal Code of 2012 when the victim is under 13 | 2 | | years of age and the defendant has previously been | 3 | | convicted under the laws of this State or any other | 4 | | state of the offense of child pornography, aggravated | 5 | | child pornography, aggravated criminal sexual abuse, | 6 | | aggravated criminal sexual assault, predatory criminal | 7 | | sexual assault of a child, or any of the offenses | 8 | | formerly known as rape, deviate sexual assault, | 9 | | indecent liberties with a child, or aggravated | 10 | | indecent liberties with a child where the victim was | 11 | | under the age of 18 years or an offense that is | 12 | | substantially equivalent to those offenses. | 13 | | (W) A violation of Section 24-3.5 of the Criminal | 14 | | Code of 1961 or the Criminal Code of 2012.
| 15 | | (X) A violation of subsection (a) of Section 31-1a | 16 | | of the Criminal Code of 1961 or the Criminal Code of | 17 | | 2012. | 18 | | (Y) A conviction for unlawful possession of a | 19 | | firearm by a street gang member when the firearm was | 20 | | loaded or contained firearm ammunition. | 21 | | (Z) A Class 1 felony committed while he or she was | 22 | | serving a term of probation or conditional discharge | 23 | | for a felony. | 24 | | (AA) Theft of property exceeding $500,000 and not | 25 | | exceeding $1,000,000 in value. | 26 | | (BB) Laundering of criminally derived property of |
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| 1 | | a value exceeding
$500,000. | 2 | | (CC) Knowingly selling, offering for sale, holding | 3 | | for sale, or using 2,000 or more counterfeit items or | 4 | | counterfeit items having a retail value in the | 5 | | aggregate of $500,000 or more. | 6 | | (DD) A conviction for aggravated assault under | 7 | | paragraph (6) of subsection (c) of Section 12-2 of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012 if | 9 | | the firearm is aimed toward the person against whom the | 10 | | firearm is being used.
| 11 | | (3) (Blank).
| 12 | | (4) A minimum term of imprisonment of not less than 10
| 13 | | consecutive days or 30 days of community service shall be | 14 | | imposed for a
violation of paragraph (c) of Section 6-303 | 15 | | of the Illinois Vehicle Code.
| 16 | | (4.1) (Blank).
| 17 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) | 18 | | of this subsection (c), a
minimum of
100 hours of community | 19 | | service shall be imposed for a second violation of
Section | 20 | | 6-303
of the Illinois Vehicle Code.
| 21 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 22 | | hours of community
service, as determined by the court, | 23 | | shall
be imposed for a second violation of subsection (c) | 24 | | of Section 6-303 of the
Illinois Vehicle Code.
| 25 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), | 26 | | and (4.9) of this
subsection (c), a
minimum term of |
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| 1 | | imprisonment of 30 days or 300 hours of community service, | 2 | | as
determined by the court, shall
be imposed
for a third or | 3 | | subsequent violation of Section 6-303 of the Illinois | 4 | | Vehicle
Code.
| 5 | | (4.5) A minimum term of imprisonment of 30 days
shall | 6 | | be imposed for a third violation of subsection (c) of
| 7 | | Section 6-303 of the Illinois Vehicle Code.
| 8 | | (4.6) Except as provided in paragraph (4.10) of this | 9 | | subsection (c), a minimum term of imprisonment of 180 days | 10 | | shall be imposed for a
fourth or subsequent violation of | 11 | | subsection (c) of Section 6-303 of the
Illinois Vehicle | 12 | | Code.
| 13 | | (4.7) A minimum term of imprisonment of not less than | 14 | | 30 consecutive days, or 300 hours of community service, | 15 | | shall be imposed for a violation of subsection (a-5) of | 16 | | Section 6-303 of the Illinois Vehicle Code, as provided in | 17 | | subsection (b-5) of that Section.
| 18 | | (4.8) A mandatory prison sentence shall be imposed for | 19 | | a second violation of subsection (a-5) of Section 6-303 of | 20 | | the Illinois Vehicle Code, as provided in subsection (c-5) | 21 | | of that Section. The person's driving privileges shall be | 22 | | revoked for a period of not less than 5 years from the date | 23 | | of his or her release from prison.
| 24 | | (4.9) A mandatory prison sentence of not less than 4 | 25 | | and not more than 15 years shall be imposed for a third | 26 | | violation of subsection (a-5) of Section 6-303 of the |
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| 1 | | Illinois Vehicle Code, as provided in subsection (d-2.5) of | 2 | | that Section. The person's driving privileges shall be | 3 | | revoked for the remainder of his or her life.
| 4 | | (4.10) A mandatory prison sentence for a Class 1 felony | 5 | | shall be imposed, and the person shall be eligible for an | 6 | | extended term sentence, for a fourth or subsequent | 7 | | violation of subsection (a-5) of Section 6-303 of the | 8 | | Illinois Vehicle Code, as provided in subsection (d-3.5) of | 9 | | that Section. The person's driving privileges shall be | 10 | | revoked for the remainder of his or her life.
| 11 | | (5) The court may sentence a corporation or | 12 | | unincorporated
association convicted of any offense to:
| 13 | | (A) a period of conditional discharge;
| 14 | | (B) a fine;
| 15 | | (C) make restitution to the victim under Section | 16 | | 5-5-6 of this Code.
| 17 | | (5.1) In addition to any other penalties imposed, and | 18 | | except as provided in paragraph (5.2) or (5.3), a person
| 19 | | convicted of violating subsection (c) of Section 11-907 of | 20 | | the Illinois
Vehicle Code shall have his or her driver's | 21 | | license, permit, or privileges
suspended for at least 90 | 22 | | days but not more than one year, if the violation
resulted | 23 | | in damage to the property of another person.
| 24 | | (5.2) In addition to any other penalties imposed, and | 25 | | except as provided in paragraph (5.3), a person convicted
| 26 | | of violating subsection (c) of Section 11-907 of the |
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| 1 | | Illinois Vehicle Code
shall have his or her driver's | 2 | | license, permit, or privileges suspended for at
least 180 | 3 | | days but not more than 2 years, if the violation resulted | 4 | | in injury
to
another person.
| 5 | | (5.3) In addition to any other penalties imposed, a | 6 | | person convicted of violating subsection (c) of Section
| 7 | | 11-907 of the Illinois Vehicle Code shall have his or her | 8 | | driver's license,
permit, or privileges suspended for 2 | 9 | | years, if the violation resulted in the
death of another | 10 | | person.
| 11 | | (5.4) In addition to any other penalties imposed, a | 12 | | person convicted of violating Section 3-707 of the Illinois | 13 | | Vehicle Code shall have his or her driver's license, | 14 | | permit, or privileges suspended for 3 months and until he | 15 | | or she has paid a reinstatement fee of $100. | 16 | | (5.5) In addition to any other penalties imposed, a | 17 | | person convicted of violating Section 3-707 of the Illinois | 18 | | Vehicle Code during a period in which his or her driver's | 19 | | license, permit, or privileges were suspended for a | 20 | | previous violation of that Section shall have his or her | 21 | | driver's license, permit, or privileges suspended for an | 22 | | additional 6 months after the expiration of the original | 23 | | 3-month suspension and until he or she has paid a | 24 | | reinstatement fee of $100.
| 25 | | (6) (Blank).
| 26 | | (7) (Blank).
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| 1 | | (8) (Blank).
| 2 | | (9) A defendant convicted of a second or subsequent | 3 | | offense of ritualized
abuse of a child may be sentenced to | 4 | | a term of natural life imprisonment.
| 5 | | (10) (Blank).
| 6 | | (11) The court shall impose a minimum fine of $1,000 | 7 | | for a first offense
and $2,000 for a second or subsequent | 8 | | offense upon a person convicted of or
placed on supervision | 9 | | for battery when the individual harmed was a sports
| 10 | | official or coach at any level of competition and the act | 11 | | causing harm to the
sports
official or coach occurred | 12 | | within an athletic facility or within the immediate | 13 | | vicinity
of the athletic facility at which the sports | 14 | | official or coach was an active
participant
of the athletic | 15 | | contest held at the athletic facility. For the purposes of
| 16 | | this paragraph (11), "sports official" means a person at an | 17 | | athletic contest
who enforces the rules of the contest, | 18 | | such as an umpire or referee; "athletic facility" means an | 19 | | indoor or outdoor playing field or recreational area where | 20 | | sports activities are conducted;
and "coach" means a person | 21 | | recognized as a coach by the sanctioning
authority that | 22 | | conducted the sporting event. | 23 | | (12) A person may not receive a disposition of court | 24 | | supervision for a
violation of Section 5-16 of the Boat | 25 | | Registration and Safety Act if that
person has previously | 26 | | received a disposition of court supervision for a
violation |
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| 1 | | of that Section.
| 2 | | (13) A person convicted of or placed on court | 3 | | supervision for an assault or aggravated assault when the | 4 | | victim and the offender are family or household members as | 5 | | defined in Section 103 of the Illinois Domestic Violence | 6 | | Act of 1986 or convicted of domestic battery or aggravated | 7 | | domestic battery may be required to attend a Partner Abuse | 8 | | Intervention Program under protocols set forth by the | 9 | | Illinois Department of Human Services under such terms and | 10 | | conditions imposed by the court. The costs of such classes | 11 | | shall be paid by the offender.
| 12 | | (d) In any case in which a sentence originally imposed is | 13 | | vacated,
the case shall be remanded to the trial court. The | 14 | | trial court shall
hold a hearing under Section 5-4-1 of the | 15 | | Unified Code of Corrections
which may include evidence of the | 16 | | defendant's life, moral character and
occupation during the | 17 | | time since the original sentence was passed. The
trial court | 18 | | shall then impose sentence upon the defendant. The trial
court | 19 | | may impose any sentence which could have been imposed at the
| 20 | | original trial subject to Section 5-5-4 of the Unified Code of | 21 | | Corrections.
If a sentence is vacated on appeal or on | 22 | | collateral attack due to the
failure of the trier of fact at | 23 | | trial to determine beyond a reasonable doubt
the
existence of a | 24 | | fact (other than a prior conviction) necessary to increase the
| 25 | | punishment for the offense beyond the statutory maximum | 26 | | otherwise applicable,
either the defendant may be re-sentenced |
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| 1 | | to a term within the range otherwise
provided or, if the State | 2 | | files notice of its intention to again seek the
extended | 3 | | sentence, the defendant shall be afforded a new trial.
| 4 | | (e) In cases where prosecution for
aggravated criminal | 5 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 6 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 7 | | of a defendant
who was a family member of the victim at the | 8 | | time of the commission of the
offense, the court shall consider | 9 | | the safety and welfare of the victim and
may impose a sentence | 10 | | of probation only where:
| 11 | | (1) the court finds (A) or (B) or both are appropriate:
| 12 | | (A) the defendant is willing to undergo a court | 13 | | approved counseling
program for a minimum duration of 2 | 14 | | years; or
| 15 | | (B) the defendant is willing to participate in a | 16 | | court approved plan
including but not limited to the | 17 | | defendant's:
| 18 | | (i) removal from the household;
| 19 | | (ii) restricted contact with the victim;
| 20 | | (iii) continued financial support of the | 21 | | family;
| 22 | | (iv) restitution for harm done to the victim; | 23 | | and
| 24 | | (v) compliance with any other measures that | 25 | | the court may
deem appropriate; and
| 26 | | (2) the court orders the defendant to pay for the |
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| 1 | | victim's counseling
services, to the extent that the court | 2 | | finds, after considering the
defendant's income and | 3 | | assets, that the defendant is financially capable of
paying | 4 | | for such services, if the victim was under 18 years of age | 5 | | at the
time the offense was committed and requires | 6 | | counseling as a result of the
offense.
| 7 | | Probation may be revoked or modified pursuant to Section | 8 | | 5-6-4; except
where the court determines at the hearing that | 9 | | the defendant violated a
condition of his or her probation | 10 | | restricting contact with the victim or
other family members or | 11 | | commits another offense with the victim or other
family | 12 | | members, the court shall revoke the defendant's probation and
| 13 | | impose a term of imprisonment.
| 14 | | For the purposes of this Section, "family member" and | 15 | | "victim" shall have
the meanings ascribed to them in Section | 16 | | 11-0.1 of the Criminal Code of
2012.
| 17 | | (f) (Blank).
| 18 | | (g) Whenever a defendant is convicted of an offense under | 19 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 20 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 21 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 22 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 23 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 24 | | Criminal Code of 2012,
the defendant shall undergo medical | 25 | | testing to
determine whether the defendant has any sexually | 26 | | transmissible disease,
including a test for infection with |
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| 1 | | human immunodeficiency virus (HIV) or
any other identified | 2 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 3 | | Any such medical test shall be performed only by appropriately
| 4 | | licensed medical practitioners and may include an analysis of | 5 | | any bodily
fluids as well as an examination of the defendant's | 6 | | person.
Except as otherwise provided by law, the results of | 7 | | such test shall be kept
strictly confidential by all medical | 8 | | personnel involved in the testing and must
be personally | 9 | | delivered in a sealed envelope to the judge of the court in | 10 | | which
the conviction was entered for the judge's inspection in | 11 | | camera. Acting in
accordance with the best interests of the | 12 | | victim and the public, the judge
shall have the discretion to | 13 | | determine to whom, if anyone, the results of the
testing may be | 14 | | revealed. The court shall notify the defendant
of the test | 15 | | results. The court shall
also notify the victim if requested by | 16 | | the victim, and if the victim is under
the age of 15 and if | 17 | | requested by the victim's parents or legal guardian, the
court | 18 | | shall notify the victim's parents or legal guardian of the test
| 19 | | results.
The court shall provide information on the | 20 | | availability of HIV testing
and counseling at Department of | 21 | | Public Health facilities to all parties to
whom the results of | 22 | | the testing are revealed and shall direct the State's
Attorney | 23 | | to provide the information to the victim when possible.
A | 24 | | State's Attorney may petition the court to obtain the results | 25 | | of any HIV test
administered under this Section, and the court | 26 | | shall grant the disclosure if
the State's Attorney shows it is |
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| 1 | | relevant in order to prosecute a charge of
criminal | 2 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 4 | | defendant. The court shall order that the cost of any such test
| 5 | | shall be paid by the county and may be taxed as costs against | 6 | | the convicted
defendant.
| 7 | | (g-5) When an inmate is tested for an airborne communicable | 8 | | disease, as
determined by the Illinois Department of Public | 9 | | Health including but not
limited to tuberculosis, the results | 10 | | of the test shall be
personally delivered by the warden or his | 11 | | or her designee in a sealed envelope
to the judge of the court | 12 | | in which the inmate must appear for the judge's
inspection in | 13 | | camera if requested by the judge. Acting in accordance with the
| 14 | | best interests of those in the courtroom, the judge shall have | 15 | | the discretion
to determine what if any precautions need to be | 16 | | taken to prevent transmission
of the disease in the courtroom.
| 17 | | (h) Whenever a defendant is convicted of an offense under | 18 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 19 | | defendant shall undergo
medical testing to determine whether | 20 | | the defendant has been exposed to human
immunodeficiency virus | 21 | | (HIV) or any other identified causative agent of
acquired | 22 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 23 | | by
law, the results of such test shall be kept strictly | 24 | | confidential by all
medical personnel involved in the testing | 25 | | and must be personally delivered in a
sealed envelope to the | 26 | | judge of the court in which the conviction was entered
for the |
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| 1 | | judge's inspection in camera. Acting in accordance with the | 2 | | best
interests of the public, the judge shall have the | 3 | | discretion to determine to
whom, if anyone, the results of the | 4 | | testing may be revealed. The court shall
notify the defendant | 5 | | of a positive test showing an infection with the human
| 6 | | immunodeficiency virus (HIV). The court shall provide | 7 | | information on the
availability of HIV testing and counseling | 8 | | at Department of Public Health
facilities to all parties to | 9 | | whom the results of the testing are revealed and
shall direct | 10 | | the State's Attorney to provide the information to the victim | 11 | | when
possible. A State's Attorney may petition the court to | 12 | | obtain the results of
any HIV test administered under this | 13 | | Section, and the court shall grant the
disclosure if the | 14 | | State's Attorney shows it is relevant in order to prosecute a
| 15 | | charge of criminal transmission of HIV under Section 12-5.01 or | 16 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 17 | | 2012 against the defendant. The court shall order that the cost | 18 | | of any
such test shall be paid by the county and may be taxed as | 19 | | costs against the
convicted defendant.
| 20 | | (i) All fines and penalties imposed under this Section for | 21 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 22 | | Vehicle Code, or a similar
provision of a local ordinance, and | 23 | | any violation
of the Child Passenger Protection Act, or a | 24 | | similar provision of a local
ordinance, shall be collected and | 25 | | disbursed by the circuit
clerk as provided under Section 27.5 | 26 | | of the Clerks of Courts Act.
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| 1 | | (j) In cases when prosecution for any violation of Section | 2 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 3 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 4 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 5 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 6 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 7 | | Code of 2012, any violation of the Illinois Controlled | 8 | | Substances Act,
any violation of the Cannabis Control Act, or | 9 | | any violation of the Methamphetamine Control and Community | 10 | | Protection Act results in conviction, a
disposition of court | 11 | | supervision, or an order of probation granted under
Section 10 | 12 | | of the Cannabis Control Act, Section 410 of the Illinois
| 13 | | Controlled Substance Act, or Section 70 of the Methamphetamine | 14 | | Control and Community Protection Act of a defendant, the court | 15 | | shall determine whether the
defendant is employed by a facility | 16 | | or center as defined under the Child Care
Act of 1969, a public | 17 | | or private elementary or secondary school, or otherwise
works | 18 | | with children under 18 years of age on a daily basis. When a | 19 | | defendant
is so employed, the court shall order the Clerk of | 20 | | the Court to send a copy of
the judgment of conviction or order | 21 | | of supervision or probation to the
defendant's employer by | 22 | | certified mail.
If the employer of the defendant is a school, | 23 | | the Clerk of the Court shall
direct the mailing of a copy of | 24 | | the judgment of conviction or order of
supervision or probation | 25 | | to the appropriate regional superintendent of schools.
The | 26 | | regional superintendent of schools shall notify the State Board |
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| 1 | | of
Education of any notification under this subsection.
| 2 | | (j-5) A defendant at least 17 years of age who is convicted | 3 | | of a felony and
who has not been previously convicted of a | 4 | | misdemeanor or felony and who is
sentenced to a term of | 5 | | imprisonment in the Illinois Department of Corrections
shall as | 6 | | a condition of his or her sentence be required by the court to | 7 | | attend
educational courses designed to prepare the defendant | 8 | | for a high school diploma
and to work toward a high school | 9 | | diploma or to work toward passing the high
school level Test of | 10 | | General Educational Development (GED) or to work toward
| 11 | | completing a vocational training program offered by the | 12 | | Department of
Corrections. If a defendant fails to complete the | 13 | | educational training
required by his or her sentence during the | 14 | | term of incarceration, the Prisoner
Review Board shall, as a | 15 | | condition of mandatory supervised release, require the
| 16 | | defendant, at his or her own expense, to pursue a course of | 17 | | study toward a high
school diploma or passage of the GED test. | 18 | | The Prisoner Review Board shall
revoke the mandatory supervised | 19 | | release of a defendant who wilfully fails to
comply with this | 20 | | subsection (j-5) upon his or her release from confinement in a
| 21 | | penal institution while serving a mandatory supervised release | 22 | | term; however,
the inability of the defendant after making a | 23 | | good faith effort to obtain
financial aid or pay for the | 24 | | educational training shall not be deemed a wilful
failure to | 25 | | comply. The Prisoner Review Board shall recommit the defendant
| 26 | | whose mandatory supervised release term has been revoked under |
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| 1 | | this subsection
(j-5) as provided in Section 3-3-9. This | 2 | | subsection (j-5) does not apply to a
defendant who has a high | 3 | | school diploma or has successfully passed the GED
test. This | 4 | | subsection (j-5) does not apply to a defendant who is | 5 | | determined by
the court to be developmentally disabled or | 6 | | otherwise mentally incapable of
completing the educational or | 7 | | vocational program.
| 8 | | (k) (Blank).
| 9 | | (l) (A) Except as provided
in paragraph (C) of subsection | 10 | | (l), whenever a defendant,
who is an alien as defined by | 11 | | the Immigration and Nationality Act, is convicted
of any | 12 | | felony or misdemeanor offense, the court after sentencing | 13 | | the defendant
may, upon motion of the State's Attorney, | 14 | | hold sentence in abeyance and remand
the defendant to the | 15 | | custody of the Attorney General of
the United States or his | 16 | | or her designated agent to be deported when:
| 17 | | (1) a final order of deportation has been issued | 18 | | against the defendant
pursuant to proceedings under | 19 | | the Immigration and Nationality Act, and
| 20 | | (2) the deportation of the defendant would not | 21 | | deprecate the seriousness
of the defendant's conduct | 22 | | and would not be inconsistent with the ends of
justice.
| 23 | | Otherwise, the defendant shall be sentenced as | 24 | | provided in this Chapter V.
| 25 | | (B) If the defendant has already been sentenced for a | 26 | | felony or
misdemeanor
offense, or has been placed on |
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| 1 | | probation under Section 10 of the Cannabis
Control Act,
| 2 | | Section 410 of the Illinois Controlled Substances Act, or | 3 | | Section 70 of the Methamphetamine Control and Community | 4 | | Protection Act, the court
may, upon motion of the State's | 5 | | Attorney to suspend the
sentence imposed, commit the | 6 | | defendant to the custody of the Attorney General
of the | 7 | | United States or his or her designated agent when:
| 8 | | (1) a final order of deportation has been issued | 9 | | against the defendant
pursuant to proceedings under | 10 | | the Immigration and Nationality Act, and
| 11 | | (2) the deportation of the defendant would not | 12 | | deprecate the seriousness
of the defendant's conduct | 13 | | and would not be inconsistent with the ends of
justice.
| 14 | | (C) This subsection (l) does not apply to offenders who | 15 | | are subject to the
provisions of paragraph (2) of | 16 | | subsection (a) of Section 3-6-3.
| 17 | | (D) Upon motion of the State's Attorney, if a defendant | 18 | | sentenced under
this Section returns to the jurisdiction of | 19 | | the United States, the defendant
shall be recommitted to | 20 | | the custody of the county from which he or she was
| 21 | | sentenced.
Thereafter, the defendant shall be brought | 22 | | before the sentencing court, which
may impose any sentence | 23 | | that was available under Section 5-5-3 at the time of
| 24 | | initial sentencing. In addition, the defendant shall not be | 25 | | eligible for
additional sentence credit for good conduct as | 26 | | provided under
Section 3-6-3.
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| 1 | | (m) A person convicted of criminal defacement of property | 2 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012, in which the property damage exceeds | 4 | | $300
and the property damaged is a school building, shall be | 5 | | ordered to perform
community service that may include cleanup, | 6 | | removal, or painting over the
defacement.
| 7 | | (n) The court may sentence a person convicted of a | 8 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 9 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 10 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 11 | | incarceration program if the person is otherwise eligible for | 12 | | that program
under Section 5-8-1.1, (ii) to community service, | 13 | | or (iii) if the person is an
addict or alcoholic, as defined in | 14 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | 15 | | substance or alcohol abuse program licensed under that
Act. | 16 | | (o) Whenever a person is convicted of a sex offense as | 17 | | defined in Section 2 of the Sex Offender Registration Act, the | 18 | | defendant's driver's license or permit shall be subject to | 19 | | renewal on an annual basis in accordance with the provisions of | 20 | | license renewal established by the Secretary of State.
| 21 | | (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; | 22 | | 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article | 23 | | 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, | 24 | | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | 25 | | 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff. | 26 | | 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, |
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| 1 | | eff. 1-25-13.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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