Full Text of HB4085 101st General Assembly
HB4085 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4085 Introduced 1/16/2020, by Rep. Andrew S. Chesney SYNOPSIS AS INTRODUCED: |
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Amends the Unified Code of Corrections. Provides that an offender, who at the time of the commission of the offense, was a member of the General Assembly and who is convicted of a felony that was committed in his or her official capacity as a member of the General Assembly shall be sentenced to pay a minimum fine of $100,000.
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| | 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. Unless otherwise specified by law, the | 15 | | minimum fine is $75. An offender may be sentenced to pay a fine | 16 | | not to exceed, for each offense, $25,000 or the amount | 17 | | specified in the offense, whichever is greater, or if the | 18 | | offender is a corporation, $50,000 or the amount specified in | 19 | | the offense, whichever is greater. A fine may be imposed in | 20 | | addition to a sentence of conditional discharge, probation, | 21 | | periodic imprisonment, or imprisonment. See Article 9 of | 22 | | Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of | 23 | | additional amounts and determination of amounts and payment. If |
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| 1 | | the court finds that the fine would impose an undue burden on | 2 | | the victim, the court may reduce or waive the fine. An | 3 | | offender, who at the time of the commission of the offense, was | 4 | | a member of the General Assembly and who is convicted of a | 5 | | felony that was committed in his or her official capacity as a | 6 | | member of the General Assembly shall be sentenced to pay a | 7 | | minimum fine of $100,000. | 8 | | (c) REASONS FOR SENTENCE STATED. The sentencing judge in | 9 | | each felony conviction shall set forth his or her reasons for | 10 | | imposing the particular sentence entered in the case, as | 11 | | provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may | 12 | | include any mitigating or aggravating factors specified in this | 13 | | Code, or the lack of any such factors, as well as any other | 14 | | mitigating or aggravating factors that the judge sets forth on | 15 | | the record that are consistent with the purposes and principles | 16 | | of sentencing set out in this Code. | 17 | | (d) MOTION TO REDUCE SENTENCE. A motion to reduce a | 18 | | sentence may be made, or the court may reduce a sentence | 19 | | without motion, within 30 days after the sentence is imposed. A | 20 | | defendant's challenge to the correctness of a sentence or to | 21 | | any aspect of the sentencing hearing shall be made by a written | 22 | | motion filed with the circuit court clerk within 30 days | 23 | | following the imposition of sentence. A motion not filed within | 24 | | that 30-day period is not timely. The court may not increase a | 25 | | sentence once it is imposed. A notice of motion must be filed | 26 | | with the motion. The notice of motion shall set the motion on |
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| 1 | | the court's calendar on a date certain within a reasonable time | 2 | | after the date of filing. | 3 | | If a motion filed pursuant to this subsection is timely | 4 | | filed, the proponent of the motion shall exercise due diligence | 5 | | in seeking a determination on the motion and the court shall | 6 | | thereafter decide the motion within a reasonable time. | 7 | | If a motion filed pursuant to this subsection is timely | 8 | | filed, then for purposes of perfecting an appeal, a final | 9 | | judgment is not considered to have been entered until the | 10 | | motion to reduce the sentence has been decided by order entered | 11 | | by the trial court. | 12 | | (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR | 13 | | OTHER-STATE SENTENCE. A defendant who has a previous and | 14 | | unexpired sentence of imprisonment imposed by another state or | 15 | | by any district court of the United States and who, after | 16 | | sentence for a crime in Illinois, must return to serve the | 17 | | unexpired prior sentence may have his or her sentence by the | 18 | | Illinois court ordered to be concurrent with the prior | 19 | | other-state or federal sentence. The court may order that any | 20 | | time served on the unexpired portion of the other-state or | 21 | | federal sentence, prior to his or her return to Illinois, shall | 22 | | be credited on his or her Illinois sentence. The appropriate | 23 | | official of the other state or the United States shall be | 24 | | furnished with a copy of the order imposing sentence, which | 25 | | shall provide that, when the offender is released from | 26 | | other-state or federal confinement, whether by parole or by |
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| 1 | | termination of sentence, the offender shall be transferred by | 2 | | the Sheriff of the committing Illinois county to the Illinois | 3 | | Department of Corrections. The court shall cause the Department | 4 | | of Corrections to be notified of the sentence at the time of | 5 | | commitment and to be provided with copies of all records | 6 | | regarding the sentence. | 7 | | (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A | 8 | | defendant who has a previous and unexpired sentence of | 9 | | imprisonment imposed by an Illinois circuit court for a crime | 10 | | in this State and who is subsequently sentenced to a term of | 11 | | imprisonment by another state or by any district court of the | 12 | | United States and who has served a term of imprisonment imposed | 13 | | by the other state or district court of the United States, and | 14 | | must return to serve the unexpired prior sentence imposed by | 15 | | the Illinois circuit court, may apply to the Illinois circuit | 16 | | court that imposed sentence to have his or her sentence | 17 | | reduced. | 18 | | The circuit court may order that any time served on the | 19 | | sentence imposed by the other state or district court of the | 20 | | United States be credited on his or her Illinois sentence. The | 21 | | application for reduction of a sentence under this subsection | 22 | | shall be made within 30 days after the defendant has completed | 23 | | the sentence imposed by the other state or district court of | 24 | | the United States.
| 25 | | (g) NO REQUIRED BIRTH CONTROL. A court may not impose a | 26 | | sentence or disposition that requires the defendant to be |
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| 1 | | implanted or injected with or to use any form of birth control.
| 2 | | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19 .)
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