Full Text of HB2953 98th General Assembly
HB2953 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2953 Introduced , by Rep. Scott Drury SYNOPSIS AS INTRODUCED: |
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Amends the Unified Code of Corrections. Provides that when a separate finding of fact by the trier of fact shows beyond a reasonable doubt that an offender is a public official who has been convicted of a felony and that the felony conviction relates to, arises out of, or is in connection with the offender's holding of an elected office, the offender may be sentenced to pay a fine not to exceed the greater of the value of the salary and fringe benefits paid to the offender, by virtue of holding an elected public office, after the commission of the first act that was a basis for the felony conviction or $25,000.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 Unified Code of Corrections is amended by | 5 | | changing Section 5-4.5-50 as follows: | 6 | | (730 ILCS 5/5-4.5-50) | 7 | | Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except | 8 | | as otherwise provided, for all felonies: | 9 | | (a) NO SUPERVISION. The court, upon a plea of guilty or a | 10 | | stipulation by the defendant of the facts supporting the charge | 11 | | or a finding of guilt, may not defer further proceedings and | 12 | | the imposition of a sentence and may not enter an order for | 13 | | supervision of the defendant. | 14 | | (b) FELONY FINES. Except as otherwise provided in | 15 | | subsection (b-5) of this Section, an An offender may be | 16 | | sentenced to pay a fine not to exceed, for each offense, | 17 | | $25,000 or the amount specified in the offense, whichever is | 18 | | greater, or if the offender is a corporation, $50,000 or the | 19 | | amount specified in the offense, whichever is greater. A fine | 20 | | may be imposed in addition to a sentence of conditional | 21 | | discharge, probation, periodic imprisonment, or imprisonment. | 22 | | See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for | 23 | | imposition of additional amounts and determination of amounts |
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| 1 | | and payment. | 2 | | (b-5) PUBLIC OFFICIALS; FELONY CONVICTION. When a separate | 3 | | finding of fact by the trier of fact shows beyond a reasonable | 4 | | doubt that an offender is a public official who has been | 5 | | convicted of a felony and that the felony conviction relates | 6 | | to, arises out of, or is in connection with the offender's | 7 | | holding of an elected office, the offender may be sentenced to | 8 | | pay a fine not to exceed the greater of the value of the salary | 9 | | and fringe benefits paid to the offender, by virtue of holding | 10 | | an elected public office, after the commission of the first act | 11 | | that was a basis for the felony conviction or $25,000.
As used | 12 | | in this subsection (b-5), "public official" has the meaning | 13 | | ascribed to it in Section 9-1.11 of the Election Code. | 14 | | (c) REASONS FOR SENTENCE STATED. The sentencing judge in | 15 | | each felony conviction shall set forth his or her reasons for | 16 | | imposing the particular sentence entered in the case, as | 17 | | provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may | 18 | | include any mitigating or aggravating factors specified in this | 19 | | Code, or the lack of any such factors, as well as any other | 20 | | mitigating or aggravating factors that the judge sets forth on | 21 | | the record that are consistent with the purposes and principles | 22 | | of sentencing set out in this Code. | 23 | | (d) MOTION TO REDUCE SENTENCE. A motion to reduce a | 24 | | sentence may be made, or the court may reduce a sentence | 25 | | without motion, within 30 days after the sentence is imposed. A | 26 | | defendant's challenge to the correctness of a sentence or to |
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| 1 | | any aspect of the sentencing hearing shall be made by a written | 2 | | motion filed with the circuit court clerk within 30 days | 3 | | following the imposition of sentence. A motion not filed within | 4 | | that 30-day period is not timely. The court may not increase a | 5 | | sentence once it is imposed. A notice of motion must be filed | 6 | | with the motion. The notice of motion shall set the motion on | 7 | | the court's calendar on a date certain within a reasonable time | 8 | | after the date of filing. | 9 | | If a motion filed pursuant to this subsection is timely | 10 | | filed, the proponent of the motion shall exercise due diligence | 11 | | in seeking a determination on the motion and the court shall | 12 | | thereafter decide the motion within a reasonable time. | 13 | | If a motion filed pursuant to this subsection is timely | 14 | | filed, then for purposes of perfecting an appeal, a final | 15 | | judgment is not considered to have been entered until the | 16 | | motion to reduce the sentence has been decided by order entered | 17 | | by the trial court. | 18 | | (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR | 19 | | OTHER-STATE SENTENCE. A defendant who has a previous and | 20 | | unexpired sentence of imprisonment imposed by another state or | 21 | | by any district court of the United States and who, after | 22 | | sentence for a crime in Illinois, must return to serve the | 23 | | unexpired prior sentence may have his or her sentence by the | 24 | | Illinois court ordered to be concurrent with the prior | 25 | | other-state or federal sentence. The court may order that any | 26 | | time served on the unexpired portion of the other-state or |
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| 1 | | federal sentence, prior to his or her return to Illinois, shall | 2 | | be credited on his or her Illinois sentence. The appropriate | 3 | | official of the other state or the United States shall be | 4 | | furnished with a copy of the order imposing sentence, which | 5 | | shall provide that, when the offender is released from | 6 | | other-state or federal confinement, whether by parole or by | 7 | | termination of sentence, the offender shall be transferred by | 8 | | the Sheriff of the committing Illinois county to the Illinois | 9 | | Department of Corrections. The court shall cause the Department | 10 | | of Corrections to be notified of the sentence at the time of | 11 | | commitment and to be provided with copies of all records | 12 | | regarding the sentence. | 13 | | (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A | 14 | | defendant who has a previous and unexpired sentence of | 15 | | imprisonment imposed by an Illinois circuit court for a crime | 16 | | in this State and who is subsequently sentenced to a term of | 17 | | imprisonment by another state or by any district court of the | 18 | | United States and who has served a term of imprisonment imposed | 19 | | by the other state or district court of the United States, and | 20 | | must return to serve the unexpired prior sentence imposed by | 21 | | the Illinois circuit court, may apply to the Illinois circuit | 22 | | court that imposed sentence to have his or her sentence | 23 | | reduced. | 24 | | The circuit court may order that any time served on the | 25 | | sentence imposed by the other state or district court of the | 26 | | United States be credited on his or her Illinois sentence. The |
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| 1 | | application for reduction of a sentence under this subsection | 2 | | shall be made within 30 days after the defendant has completed | 3 | | the sentence imposed by the other state or district court of | 4 | | the United States.
| 5 | | (g) NO REQUIRED BIRTH CONTROL. A court may not impose a | 6 | | sentence or disposition that requires the defendant to be | 7 | | implanted or injected with or to use any form of birth control.
| 8 | | (Source: P.A. 95-1052, eff. 7-1-09 .)
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