(730 ILCS 5/Ch. V Art. 4 heading) ARTICLE 4.
SENTENCING
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(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is
sought under hearing procedures otherwise specified, after a
determination of guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a local
ordinance, the individual must undergo a professional evaluation to
determine if an alcohol or other drug abuse problem exists and the extent
of such a problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the individual is
not a resident of Illinois, the court
may, in its discretion, accept an evaluation from a program in the state of
such individual's residence. The court shall make a specific finding about whether the defendant is eligible for participation in a Department impact incarceration program as provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to why a sentence to impact incarceration is not an appropriate sentence. The court may in its sentencing order recommend a defendant for placement in a Department of Corrections substance abuse treatment program as provided in paragraph (a) of subsection (1) of Section 3-2-2 conditioned upon the defendant being accepted in a program by the Department of Corrections. At the
hearing the court
shall:
(1) consider the evidence, if any, received upon the | ||
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(2) consider any presentence reports;
(3) consider the financial impact of incarceration | ||
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(4) consider evidence and information offered by the | ||
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(4.5) consider substance abuse treatment, eligibility | ||
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(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a | ||
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(7) afford the victim of a violent crime or a | ||
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(7.5) afford a qualified person affected by: (i) a | ||
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(8) in cases of reckless homicide afford the victim's | ||
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(9) in cases involving a felony sex offense as | ||
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(10) make a finding of whether a motor vehicle was | ||
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(b) All sentences shall be imposed by the judge based upon his
independent assessment of the elements specified above and any agreement
as to sentence reached by the parties. The judge who presided at the
trial or the judge who accepted the plea of guilty shall impose the
sentence unless he is no longer sitting as a judge in that court. Where
the judge does not impose sentence at the same time on all defendants
who are convicted as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing court of the
disposition of any other defendants who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic imprisonment for a Class 3 or Class 4 felony for which a sentence of probation or conditional discharge is an available sentence, if the defendant has no prior sentence of probation or conditional discharge and no prior conviction for a violent crime, the defendant shall not be sentenced to imprisonment before review and consideration of a presentence report and determination and explanation of why the particular evidence, information, factor in aggravation, factual finding, or other reasons support a sentencing determination that one or more of the factors under subsection (a) of Section 5-6-1 of this Code apply and that probation or conditional discharge is not an appropriate sentence. (c) In imposing a sentence for a violent crime or for an offense of
operating or being in physical control of a vehicle while under the
influence of alcohol, any other drug or any combination thereof, or a
similar provision of a local ordinance, when such offense resulted in the
personal injury to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his sentencing
determination. The full verbatim record of the sentencing hearing shall be
filed with the clerk of the court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated kidnapping for
ransom, home invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with a category I weapon
or category II weapon,
the trial judge shall make a finding as to whether the conduct leading to
conviction for the offense resulted in great bodily harm to a victim, and
shall enter that finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the contrary, in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may instead sentence the offender to probation, conditional discharge, or a lesser term of imprisonment it deems appropriate if: (1) the offense involves the use or possession of drugs, retail theft, or driving on a revoked license due to unpaid financial obligations; (2) the court finds that the defendant does not pose a risk to public safety; and (3) the interest of justice requires imposing a term of probation, conditional discharge, or a lesser term of imprisonment. The court must state on the record its reasons for imposing probation, conditional discharge, or a lesser term of imprisonment. (c-2) If the defendant is sentenced to prison, other than when a sentence of
natural life imprisonment or a sentence of death is imposed, at the time
the sentence is imposed the judge shall
state on the record in open court the approximate period of time the defendant
will serve in custody according to the then current statutory rules and
regulations for sentence credit found in Section 3-6-3 and other related
provisions of this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release, and may not be
relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the sentence, other than
when the sentence is imposed for one of the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case, assuming the defendant
receives all of his or her sentence credit, the period of estimated actual
custody is ... years and ... months, less up to 180 days additional earned sentence credit. If the defendant, because of his or
her own misconduct or failure to comply with the institutional regulations,
does not receive those credits, the actual time served in prison will be
longer. The defendant may also receive an additional one-half day sentence
credit for each day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses enumerated in paragraph
(a)(2) of Section 3-6-3, other than first degree murder, and the offense was
committed on or after June 19, 1998, and when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 if the offense was committed on or after January 1, 1999,
and when the sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code, and when
the sentence is imposed for aggravated arson if the offense was committed
on or after July 27, 2001 (the effective date of Public Act 92-176), and when
the sentence is imposed for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230), the judge's
statement, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department of
Corrections and
the Illinois Prisoner Review Board. In this case,
the defendant is entitled to no more than 4 1/2 days of sentence credit for
each month of his or her sentence of imprisonment. Therefore, this defendant
will serve at least 85% of his or her sentence. Assuming the defendant
receives 4 1/2 days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the defendant,
because of his or her own misconduct or failure to comply with the
institutional regulations receives lesser credit, the actual time served in
prison will be longer."
When a sentence of imprisonment is imposed for first degree murder and
the offense was committed on or after June 19, 1998, the judge's statement,
to be given after pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of the actual period
of time this defendant is likely to spend in prison as a result of this
sentence. The actual period of prison time served is determined by the
statutes of Illinois as applied to this sentence by the Illinois Department
of Corrections and the Illinois Prisoner Review Board. In this case, the
defendant is not entitled to sentence credit. Therefore, this defendant
will serve 100% of his or her sentence."
When the sentencing order recommends placement in a substance abuse program for any offense that results in incarceration
in a Department of Corrections facility and the crime was
committed on or after September 1, 2003 (the effective date of Public Act
93-354), the judge's
statement, in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall include the
following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment program or receives a waiver from the Director of Corrections pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the presentence investigation under Section 5-3-1, the court shall inquire of the defendant whether the defendant is currently serving in or is a veteran of the Armed Forces of the United States.
If the defendant is currently serving in the Armed Forces of the United States or is a veteran of the Armed Forces of the United States and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may: (1) order that the officer preparing the presentence | ||
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(2) consider the treatment recommendations of any | ||
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For the purposes of this subsection (c-4), "qualified psychiatrist" means a reputable physician licensed in Illinois to practice medicine in all its branches, who has specialized in the diagnosis and treatment of mental and nervous disorders for a period of not less than 5 years. (c-6) In imposing a sentence, the trial judge shall specify, on the record, the particular evidence and other reasons which led to his or her determination that a motor vehicle was used in the commission of the offense. (c-7) In imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served. (d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the defendant
may file a statement with the clerk of the court to be transmitted to
the department, agency or institution to which the defendant is
committed to furnish such department, agency or institution with the
facts and circumstances of the offense for which the person was
committed together with all other factual information accessible to them
in regard to the person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or institution
during its custody of such person. The clerk shall within 10 days after
receiving any such statements transmit a copy to such department, agency
or institution and a copy to the other party, provided, however, that
this shall not be cause for delay in conveying the person to the
department, agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the department,
agency or institution, if any, to which the defendant is committed, the
following:
(1) the sentence imposed;
(2) any statement by the court of the basis for | ||
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(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility | ||
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(4) the number of days, if any, which the defendant | ||
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(4.1) any finding of great bodily harm made by the | ||
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(5) all statements filed under subsection (d) of this | ||
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(6) any medical or mental health records or summaries | ||
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(7) the municipality where the arrest of the offender | ||
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(8) all statements made and evidence offered under | ||
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(9) all additional matters which the court directs | ||
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(f) In cases in which the court finds that a motor vehicle was used in the commission of the offense for which the defendant is being sentenced, the clerk of the court shall, within 5 days thereafter, forward a report of such conviction to the Secretary of State. (Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20; 101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652, Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.) |
(730 ILCS 5/5-4-2) (from Ch. 38, par. 1005-4-2)
Sec. 5-4-2.
Multiple Offenses.
(a) After conviction and before sentencing, the defendant shall be
permitted, subject to the approval of the State's Attorney, to plead guilty
to other offenses he has committed which are within the same county. If the
defendant is not formally charged with such offenses, an information shall
be filed on the basis of the defendant's admission of guilt. Submission of
such a plea shall constitute a waiver of all objections which the defendant
might otherwise have to the charge. If such a plea is tendered and
accepted, the court shall sentence the defendant for all offenses in one
hearing under Section 5-8-4.
(b) A defendant convicted, charged, or held in custody in a county other
than that in which any other charge is pending against him may state in
writing or in court that he desires to plead guilty, to waive trial in the
county in which the charge is pending and to consent to disposition of the
case in the county in which he is held, convicted or charged, subject to
the approval of the state's attorney for each county. Upon receiving
notification from the sentencing court, the clerk of the court in which the
charge is pending shall transmit the papers in the proceeding or certified
copies thereof to the clerk of the court in which the defendant desires to
plead guilty. Thereafter, the prosecution shall continue in that county. If
after the proceeding has been transferred, the defendant pleads not guilty,
the proceeding shall be restored to the docket of the court where the
charge was pending.
(Source: P.A. 77-2097.)
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(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Specimens;
genetic marker groups. (a) Any person convicted of, found guilty under the Juvenile Court Act of
1987 for, or who received a disposition of court supervision for, a qualifying
offense or attempt of a qualifying offense, convicted or found guilty of any
offense classified as a felony under Illinois law, convicted or found guilty of any offense requiring registration under the Sex Offender Registration Act, found guilty or given
supervision for any offense classified as a felony under the Juvenile Court Act
of 1987, convicted or found guilty of, under the Juvenile Court Act of 1987, any offense requiring registration under the Sex Offender Registration Act, or institutionalized as a sexually dangerous person under the Sexually
Dangerous Persons Act, or committed as a sexually violent person under the
Sexually Violent Persons Commitment Act shall, regardless of the sentence or
disposition imposed, be required to submit specimens of blood, saliva, or
tissue to the Illinois State Police in accordance with the
provisions of this Section, provided such person is:
(1) convicted of a qualifying offense or attempt of a | ||
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(1.5) found guilty or given supervision under the | ||
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(2) ordered institutionalized as a sexually dangerous | ||
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(3) convicted of a qualifying offense or attempt of a | ||
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(3.5) convicted or found guilty of any offense | ||
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(4) presently institutionalized as a sexually | ||
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(4.5) ordered committed as a sexually violent person | ||
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(a-1) Any person incarcerated in
a facility of the Illinois Department of Corrections or the Illinois Department of Juvenile Justice on or after August 22,
2002, whether for a term of years, natural life, or a sentence of death, who has not yet submitted a specimen of blood, saliva, or tissue shall be required to submit a specimen of blood, saliva, or tissue
prior to his or her final discharge, or release on parole, aftercare release, or mandatory
supervised release, as a
condition of his or her parole, aftercare release, or mandatory supervised release, or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner. A person incarcerated on or after August 13, 2009 (the effective date of Public Act 96-426) shall be required to submit a specimen within 45 days of incarceration, or prior to his or her final discharge, or release on parole, aftercare release, or mandatory supervised release, as a condition of his or her parole, aftercare release, or mandatory supervised release, whichever is sooner. These specimens shall be placed into the State or national DNA database, to be used in accordance with other provisions of this Section, by the Illinois State Police.
(a-2) Any person sentenced to life imprisonment in a facility of the Illinois Department of Corrections after the effective date of this amendatory Act of the 94th General Assembly or sentenced to death after the effective date of this amendatory Act of the 94th General Assembly shall be required to provide a specimen of blood, saliva, or tissue within 45 days after sentencing or disposition at a collection site designated by the Illinois State Police. Any person serving a sentence of life imprisonment in a facility of the Illinois Department of Corrections on the effective date of this amendatory Act of the 94th General Assembly or any person who is under a sentence of death on the effective date of this amendatory Act of the 94th General Assembly shall be required to provide a specimen of blood, saliva, or tissue upon request at a collection site designated by the Illinois State Police.
(a-3) Any person seeking transfer to or residency in Illinois under Sections 3-3-11.05
through 3-3-11.5 of this Code, the Interstate Compact
for Adult Offender Supervision, or the Interstate Agreements on Sexually
Dangerous Persons Act shall be required to provide a specimen of blood, saliva, or tissue within 45 days after transfer to or residency in Illinois at a collection site designated by the Illinois State Police. (a-3.1) Any person required by an order of the court to submit a DNA specimen shall be required to provide a specimen of blood, saliva, or tissue within 45 days after the court order at a collection site designated by the Illinois State Police. (a-3.2) On or after January 1, 2012 (the effective date of Public Act 97-383), any person arrested for any of the following offenses, after an indictment has been returned by a grand jury, or following a hearing pursuant to Section 109-3 of the Code of Criminal Procedure of 1963 and a judge finds there is probable cause to believe the arrestee has committed one of the designated offenses, or an arrestee has waived a preliminary hearing shall be required to provide a specimen of blood, saliva, or tissue within 14 days after such indictment or hearing at a collection site designated by the Illinois State Police: (A) first degree murder; (B) home invasion; (C) predatory criminal sexual assault
of a child; (D) aggravated criminal sexual assault; or (E) criminal sexual assault. (a-3.3) Any person required to register as a sex offender under the Sex Offender Registration Act, regardless of the date of conviction as set forth in subsection (c-5.2) shall be required to provide a specimen of blood, saliva, or tissue within the time period prescribed in subsection (c-5.2) at a collection site designated by the Illinois State Police. (a-5) Any person who was otherwise convicted of or received a disposition
of court supervision for any other offense under the Criminal Code of 1961 or the Criminal Code of 2012 or
who was found guilty or given supervision for such a violation under the
Juvenile Court Act of 1987, may, regardless of the sentence imposed, be
required by an order of the court to submit specimens of blood, saliva, or
tissue to the Illinois State Police in accordance with the
provisions of this Section.
(b) Any person required by paragraphs (a)(1), (a)(1.5), (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, saliva, or tissue shall provide
specimens of blood, saliva, or tissue within 45 days after sentencing or
disposition at a collection site designated by the Illinois
State Police.
(c) Any person required by paragraphs (a)(3), (a)(4), and (a)(4.5) to
provide specimens of blood, saliva, or tissue shall be required to provide
such specimens prior to final discharge or within 6 months from August 13, 2009 (the effective date of Public Act 96-426), whichever is sooner. These specimens shall be placed into the State or national DNA database, to be used in accordance with other provisions of this Act, by the Illinois State Police.
(c-5) Any person required by paragraph (a-3) to provide specimens of
blood, saliva, or tissue shall, where feasible, be required to provide the
specimens before being accepted for conditioned residency in Illinois under
the interstate compact or agreement, but no later than 45 days after arrival
in this State.
(c-5.2) Unless it is determined that a registered sex offender has previously submitted a specimen of blood, saliva, or tissue that has been placed into the State DNA database, a person registering as a sex offender shall be required to submit a specimen at the time of his or her initial registration pursuant to the Sex Offender Registration Act or, for a person registered as a sex offender on or prior to January 1, 2012 (the effective date of Public Act 97-383), within one year of January 1, 2012 (the effective date of Public Act 97-383) or at the time of his or her next required registration. (c-6) The Illinois State Police may determine which type of
specimen or specimens, blood, saliva, or tissue, is acceptable for submission
to the Division of Forensic Services for analysis. The Illinois State Police may require the submission of fingerprints from anyone required to give a specimen under this Act.
(d) The Illinois State Police shall provide all equipment
and instructions necessary for the collection of blood specimens.
The collection of specimens shall be performed in a medically approved
manner. Only a physician authorized to practice medicine, a registered
nurse or other qualified person trained in venipuncture may withdraw blood
for the purposes of this Act. The specimens
shall thereafter be forwarded to the Illinois State Police,
Division of Forensic Services, for analysis and
categorizing into genetic marker groupings.
(d-1) The Illinois State Police shall provide all equipment
and instructions necessary for the collection of saliva specimens. The
collection of saliva specimens shall be performed in a medically approved manner.
Only a person trained in the instructions promulgated by the Illinois State
Police on collecting saliva may collect saliva for the purposes of this
Section. The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing
into genetic marker groupings.
(d-2) The Illinois State Police shall provide all equipment
and instructions necessary for the collection of tissue specimens. The
collection of tissue specimens shall be performed in a medically approved
manner. Only a person trained in the instructions promulgated by the Illinois
State Police on collecting tissue may collect tissue for the purposes of this
Section. The specimens shall thereafter be forwarded to the Illinois State Police, Division of Forensic Services, for analysis and categorizing
into genetic marker groupings.
(d-5) To the extent that funds are available, the Illinois
State Police shall contract with qualified personnel and certified laboratories
for the collection, analysis, and categorization of known specimens, except as provided in subsection (n) of this Section.
(d-6) Agencies designated by the Illinois State Police and
the Illinois State Police may contract with third parties to
provide for the collection or analysis of DNA, or both, of an offender's blood,
saliva, and tissue specimens, except as provided in subsection (n) of this Section.
(e) The genetic marker groupings shall be maintained by the Illinois
State Police, Division of Forensic Services.
(f) The genetic marker grouping analysis information obtained pursuant
to this Act shall be confidential and shall be released only to peace
officers of the United States, of other states or territories, of the
insular possessions of the United States, of foreign countries duly
authorized to receive the same, to all peace officers of the State of
Illinois and to all prosecutorial agencies, and to defense counsel as
provided by Section 116-5 of the Code of Criminal Procedure of 1963.
The genetic marker grouping analysis information obtained pursuant to
this Act shall be used only for (i) valid law enforcement identification
purposes and as required by the Federal Bureau of Investigation for
participation in the National DNA database, (ii) technology
validation
purposes, (iii) a population statistics database, (iv) quality
assurance
purposes if personally identifying information is removed,
(v) assisting in the defense of the criminally accused pursuant
to
Section 116-5 of the Code of Criminal Procedure of 1963, or (vi) identifying and assisting in the prosecution of a person who is suspected of committing a sexual assault as defined in Section 1a of the Sexual Assault Survivors Emergency Treatment Act. Notwithstanding
any other statutory provision to the contrary,
all information obtained under this Section shall be maintained in a single
State data base, which may be uploaded into a national database, and which
information may be subject to expungement only as set forth in subsection
(f-1).
(f-1) Upon receipt of notification of a reversal of a conviction based on
actual innocence, or of the granting of a pardon pursuant to Section 12 of
Article V of the Illinois Constitution, if that pardon document specifically
states that the reason for the pardon is the actual innocence of an individual
whose DNA record has been stored in the State or national DNA identification
index in accordance with this Section by the Illinois State
Police, the DNA record shall be expunged from the DNA identification index, and
the Department shall by rule prescribe procedures to ensure that the record and
any specimens, analyses, or other documents relating to such record, whether in
the possession of the Department or any law enforcement or police agency, or
any forensic DNA laboratory, including any duplicates or copies thereof, are
destroyed and a letter is sent to the court verifying the expungement is
completed. For specimens required to be collected prior to conviction, unless the individual has other charges or convictions that require submission of a specimen, the DNA record for an individual shall be expunged from the DNA identification databases and the specimen destroyed upon receipt of a certified copy of a final court order for each charge against an individual in which the charge has been dismissed, resulted in acquittal, or that the charge was not filed within the applicable time period. The Department shall by rule prescribe procedures to ensure that the record and any specimens in the possession or control of the Department are destroyed and a letter is sent to the court verifying the expungement is completed.
(f-5) Any person who intentionally uses genetic marker grouping analysis
information, or any other information derived from a DNA specimen, beyond the
authorized uses as provided under this Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of not less than
$5,000.
(f-6) The Illinois State Police may contract with third
parties for the purposes of implementing this amendatory Act of the 93rd
General Assembly, except as provided in subsection (n) of this Section. Any other party contracting to carry out the functions of
this Section shall be subject to the same restrictions and requirements of this
Section insofar as applicable, as the Illinois State Police, and
to any additional restrictions imposed by the Illinois State
Police.
(g) For the purposes of this Section, "qualifying offense" means any of
the following:
(1) any violation or inchoate violation of Section | ||
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(1.1) any violation or inchoate violation of Section | ||
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(2) any former statute of this State which defined a | ||
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(3) (blank);
(4) any inchoate violation of Section 9-3.1, 9-3.4, | ||
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(5) any violation or inchoate violation of Article | ||
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(g-5) (Blank).
(h) The Illinois State Police shall be the State central
repository for all genetic marker grouping analysis information obtained
pursuant to this Act. The Illinois State Police may
promulgate rules for the form and manner of the collection of blood, saliva,
or tissue specimens and other procedures for the operation of this Act. The
provisions of the Administrative Review Law shall apply to all actions taken
under the rules so promulgated.
(i)(1) A person required to provide a blood, saliva, or tissue specimen
shall
cooperate with the collection of the specimen and any deliberate act by
that person intended to impede, delay or stop the collection of the blood,
saliva, or tissue specimen is a Class 4 felony.
(2) In the event that a person's DNA specimen is not adequate for any
reason, the person shall provide another DNA specimen for analysis. Duly
authorized law
enforcement and corrections personnel may employ reasonable force in cases in
which an individual refuses to provide a DNA specimen required under this
Act.
(j) (Blank).
(k) All analysis and categorization assessments provided under the Criminal and Traffic Assessments Act to the State Crime Laboratory Fund
shall be regulated as follows:
(1) (Blank).
(2) (Blank).
(3) Moneys deposited into the State Crime Laboratory | ||
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(A) Costs incurred in providing analysis and | ||
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(B) Costs incurred in maintaining genetic marker | ||
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(C) Costs incurred in the purchase and | ||
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(D) Costs incurred in continuing research and | ||
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(E) Costs incurred in continuing education, | ||
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(l) The failure of a person to provide a specimen, or of any person or
agency to collect a specimen, shall in no way alter
the obligation of the person to submit such specimen, or the authority of the
Illinois State Police or persons designated by the Illinois State Police to
collect the specimen, or the authority of the Illinois State
Police to accept, analyze and maintain the specimen or to maintain or upload
results of genetic marker grouping analysis information into a State or
national database.
(m) If any provision of this amendatory Act of the 93rd General Assembly
is
held unconstitutional or otherwise invalid, the remainder of this amendatory
Act
of the 93rd General Assembly is not affected.
(n) Neither the Illinois State Police, the Division of Forensic Services, nor any laboratory of the Division of Forensic Services may contract out forensic testing for the purpose of an active investigation or a matter pending before a court of competent jurisdiction without the written consent of the prosecuting agency. For the purposes of this subsection (n), "forensic testing" includes the analysis of physical evidence in an investigation or other proceeding for the prosecution of a violation of the Criminal Code of 1961 or the Criminal Code of 2012 or for matters adjudicated under the Juvenile Court Act of 1987, and includes the use of forensic databases and databanks, including DNA, firearm, and fingerprint databases, and expert testimony. (o) Mistake does not invalidate a database match. The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the specimen was obtained or placed in the database by mistake. (p) This Section may be referred to as the Illinois DNA Database Law of 2011. (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
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(730 ILCS 5/5-4-3a) Sec. 5-4-3a. DNA testing backlog accountability. (a) On or before August 1 of each year, the Illinois State Police shall report to the Governor and both houses of the General Assembly the following information: (1) the extent of the backlog of cases awaiting | ||
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(2) what measures have been and are being taken to | ||
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(b) The information reported under this Section shall be made available to the public, at the time it is reported, on the official website of the Illinois State Police.
(c) Beginning January 1, 2016, the Illinois State Police shall quarterly report on the status of the processing of biology submitted to the Illinois State Police Laboratory for analysis. The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Illinois State Police website. The report shall include the following for each Illinois State Police Laboratory location and any laboratory to which the Illinois State Police has outsourced evidence for testing: (1) For biology submissions, report both total | ||
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(A) The number of assignments received in the | ||
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(B) The number of assignments completed in the | ||
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(C) The number of assignments awaiting analysis. (D) The number of assignments sent for | ||
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(E) The number of assignments awaiting analysis | ||
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(F) The number of assignments awaiting analysis | ||
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(G) The number of assignments awaiting analysis | ||
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(H) The number of assignments awaiting analysis | ||
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(I) The number of assignments awaiting analysis | ||
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(J) (Blank). (2) (Blank). (3) For all other categories of testing (e.g., drug | ||
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(A) The number of assignments received in the | ||
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(B) The number of assignments completed in the | ||
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(C) The number of assignments awaiting analysis. (D) The number of cases entered in the National | ||
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(E) The number of investigative leads developed | ||
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(4) For the Combined DNA Index System (CODIS), report | ||
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(A) The number of new offender samples received | ||
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(B) The number of offender samples uploaded to | ||
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(C) The number of offender samples awaiting | ||
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(D) The number of unknown DNA case profiles | ||
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(E) The number of CODIS hits in the preceding | ||
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(F) The number of forensic evidence submissions | ||
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(5) For each category of testing, report the number | ||
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As used in this subsection (c), "completed" means completion of both the analysis of the evidence and the provision of the results to the submitting law enforcement agency. (d) The provisions of this subsection (d), other than this sentence, are inoperative on and after January 1, 2019 or 2 years after the effective date of this amendatory Act of the 99th General Assembly, whichever is later. In consultation with and subject to the approval of the Chief Procurement Officer, the Illinois State Police may obtain contracts for services, commodities, and equipment to assist in the timely completion of biology, drug chemistry, firearms/toolmark, footwear/tire track, latent prints, toxicology, microscopy, trace chemistry, and Combined DNA Index System (CODIS) analysis. Contracts to support the delivery of timely forensic science services are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.(Source: P.A. 102-237, eff. 1-1-22; 102-278, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(730 ILCS 5/5-4-3b) Sec. 5-4-3b. Electronic Laboratory Information Management System. (a) The Illinois State Police shall obtain, implement, and maintain an Electronic Laboratory Information Management System (LIMS) to efficiently and effectively track all evidence submitted for forensic testing. At a minimum, the LIMS shall record: (1) the criminal offense or suspected criminal | ||
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(2) the law enforcement agency submitting the | ||
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(3) the name of the victim; (4) the law enforcement agency case number; (5) the Illinois State Police Laboratory case number; (6) the date the evidence was received by the | ||
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(7) if the Illinois State Police Laboratory sent the | ||
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(8) the date and description of any results or | ||
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The LIMS shall also link multiple forensic evidence submissions pertaining to a single criminal investigation such that evidence submitted to confirm a previously reported Combined DNA Index System (CODIS) hit in a State or federal database can be linked to the initial evidence submission. The LIMS shall be such that the system provides ease of interoperability with law enforcement agencies for evidence submission and reporting, as well as supports expansion capabilities for future internal networking and laboratory operations. (b) The Illinois State Police, in consultation with and subject to the approval of the Chief Procurement Officer, may procure a single contract or multiple contracts to implement the provisions of this Section. A contract or contracts under this subsection are not subject to the provisions of the Illinois Procurement Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that Code, provided that the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of the Illinois Procurement Code. This exemption is inoperative 2 years from January 1, 2016 (the effective date of Public Act 99-352).
(Source: P.A. 102-538, eff. 8-20-21.) |
(730 ILCS 5/5-4-3.1) (from Ch. 38, par. 1005-4-3.1)
Sec. 5-4-3.1. Sentencing Hearing for Sex Offenses.
(a) Except for good cause shown by written motion, any person adjudged
guilty of any offense involving an illegal sexual act perpetrated upon a
victim, including but not limited to offenses for violations of Article 12
of the Criminal Code of 1961 or the Criminal Code of 2012, or any offense determined by the court or the probation department to be sexually motivated, as defined in the Sex Offender Management Board Act, shall be sentenced within 65 days of a
verdict or finding of guilt for the offense.
(b) The court shall set the sentencing date at the time the verdict or
finding of guilt is entered by the court.
(c) Any motion for continuance shall be in writing and supported by
affidavit and in compliance with Section 114-4 of the Code of Criminal
Procedure of 1963, and the victim shall be notified of the date and time of
hearing and shall be provided an opportunity to address the court on the
impact the continuance may have on the victim's well-being.
(d) A complaint, information or indictment shall not be quashed or
dismissed, nor shall any person in custody for an offense be discharged
from custody because of non-compliance with this Section.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(730 ILCS 5/5-4-3.2) Sec. 5-4-3.2. Collection and storage of Internet protocol addresses. (a) Cyber-crimes Location Database. The Attorney General is hereby authorized to establish and maintain the "Illinois Cyber-crimes Location Database" (ICLD) to collect, store, and use Internet protocol (IP) addresses for purposes of investigating and prosecuting child exploitation crimes on the Internet. (b) "Internet protocol address" means the string of numbers by which a location on the Internet is identified by routers or other computers connected to the Internet. (c) Collection of Internet Protocol addresses. (1) Collection upon commitment under the Sexually | ||
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(2) Collection upon conviction. Upon conviction for | ||
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(d) Storage and use of the Database. Internet protocol (IP) addresses recorded pursuant to this Section shall be submitted to the Attorney General for storage and use in the Illinois Cyber-crimes Location Database. The Attorney General and its designated agents may access the database for the purpose of investigation and prosecution of crimes listed in this Section. In addition, the Attorney General is authorized to share information stored in the database with the National Center for Missing and Exploited Children (NCMEC) and any federal, state, or local law enforcement agencies for the investigation or prosecution of child exploitation crimes.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(730 ILCS 5/Ch. V. Art. 4.5 heading) ARTICLE 4.5. GENERAL SENTENCING PROVISIONS
(Source: P.A. 95-1052, eff. 7-1-09.) |
(730 ILCS 5/5-4.5-5) Sec. 5-4.5-5. STANDARD SENTENCING. Except as specifically provided elsewhere, this Article governs sentencing for offenses.
(Source: P.A. 95-1052, eff. 7-1-09.) |
(730 ILCS 5/5-4.5-10) Sec. 5-4.5-10. OFFENSE CLASSIFICATIONS. (a) FELONY CLASSIFICATIONS. Felonies are classified, for the purpose of sentencing, as follows: (1) First degree murder (as a separate class of | ||
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(2) Class X felonies. (3) Class 1 felonies. (4) Class 2 felonies. (5) Class 3 felonies. (6) Class 4 felonies. (b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are classified, for the purpose of sentencing, as follows: (1) Class A misdemeanors. (2) Class B misdemeanors. (3) Class C misdemeanors.
(c) PETTY AND BUSINESS OFFENSES. Petty offenses and business offenses are not classified.
(Source: P.A. 95-1052, eff. 7-1-09.) |