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90_HB2534
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/402 from Ch. 56 1/2, par. 1402
730 ILCS 5/5-5-3
Amends the Illinois Controlled Substances Act. Makes the
penalties for the unlawful manufacture, delivery, and
possession of amphetamine or methamphetamine the same as the
penalties for unlawful manufacture, delivery, and possession
of equivalent amounts of cocaine. Amends the Unified Code of
Corrections to provide that a person convicted of the
manufacture or delivery of more than 5 grams of amphetamine
or methamphetamine may not receive probation, periodic
imprisonment, or conditional discharge.
LRB9009100RCdv
LRB9009100RCdv
1 AN ACT in relation to amphetamine and methamphetamine,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Controlled Substances Act is
6 amended by changing Section 401 and 402 as follows:
7 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
8 Sec. 401. Except as authorized by this Act, it is
9 unlawful for any person knowingly to manufacture or deliver,
10 or possess with intent to manufacture or deliver, a
11 controlled or counterfeit substance or controlled substance
12 analog. A violation of this Act with respect to each of the
13 controlled substances listed herein constitutes a single and
14 separate violation of this Act. For purposes of this
15 Section, "controlled substance analog" or "analog" means a
16 substance which is intended for human consumption, other than
17 a controlled substance, that has a chemical structure
18 substantially similar to that of a controlled substance in
19 Schedule I or II, or that was specifically designed to
20 produce an effect substantially similar to that of a
21 controlled substance in Schedule I or II. Examples of
22 chemical classes in which controlled substance analogs are
23 found include, but are not limited to, the following:
24 phenethylamines, N-substituted piperidines, morphinans,
25 ecgonines, quinazolinones, substituted indoles, and
26 arylcycloalkylamines. For purposes of this Act, a controlled
27 substance analog shall be treated in the same manner as the
28 controlled substance to which it is substantially similar.
29 (a) Any person who violates this Section with respect to
30 the following amounts of controlled or counterfeit substances
31 or controlled substance analogs, notwithstanding any of the
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1 provisions of subsections (c), (d), (e), (f), (g) or (h) to
2 the contrary, is guilty of a Class X felony and shall be
3 sentenced to a term of imprisonment as provided in this
4 subsection (a) and fined as provided in subsection (b):
5 (1) (A) not less than 6 years and not more than 30
6 years with respect to 15 grams or more but less than
7 100 grams of a substance containing heroin, or an
8 analog thereof;
9 (B) not less than 9 years and not more than 40
10 years with respect to 100 grams or more but less
11 than 400 grams of a substance containing heroin, or
12 an analog thereof;
13 (C) not less than 12 years and not more than
14 50 years with respect to 400 grams or more but less
15 than 900 grams of a substance containing heroin, or
16 an analog thereof;
17 (D) not less than 15 years and not more than
18 60 years with respect to 900 grams or more of any
19 substance containing heroin, or an analog thereof;
20 (2) (A) not less than 6 years and not more than 30
21 years with respect to 15 grams or more but less than
22 100 grams of a substance containing cocaine, or an
23 analog thereof;
24 (B) not less than 9 years and not more than 40
25 years with respect to 100 grams or more but less
26 than 400 grams of a substance containing cocaine, or
27 an analog thereof;
28 (C) not less than 12 years and not more than
29 50 years with respect to 400 grams or more but less
30 than 900 grams of a substance containing cocaine, or
31 an analog thereof;
32 (D) not less than 15 years and not more than
33 60 years with respect to 900 grams or more of any
34 substance containing cocaine, or an analog thereof;
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1 (3) (A) not less than 6 years and not more than 30
2 years with respect to 15 grams or more but less than
3 100 grams of a substance containing morphine, or an
4 analog thereof;
5 (B) not less than 9 years and not more than 40
6 years with respect to 100 grams or more but less
7 than 400 grams of a substance containing morphine,
8 or an analog thereof;
9 (C) not less than 12 years and not more than
10 50 years with respect to 400 grams or more but less
11 than 900 grams of a substance containing morphine,
12 or an analog thereof;
13 (D) not less than 15 years and not more than
14 60 years with respect to 900 grams or more of a
15 substance containing morphine, or an analog thereof;
16 (4) 200 grams or more of any substance containing
17 peyote, or an analog thereof;
18 (5) 200 grams or more of any substance containing a
19 derivative of barbituric acid or any of the salts of a
20 derivative of barbituric acid, or an analog thereof;
21 (6) (A) not less than 6 years and not more than 30
22 years with respect to 15 grams or more but less than 100
23 grams of a substance containing amphetamine or
24 methamphetamine or any salt of an optical isomer of
25 amphetamine or methamphetamine, or an analog thereof;
26 (B) not less than 9 years and not more than 40
27 years with respect to 100 grams or more but less
28 than 400 grams of a substance containing amphetamine
29 or methamphetamine or any salt of an optical isomer
30 of amphetamine or methamphetamine, or any analog
31 thereof;
32 (C) not less than 12 years and not more than
33 50 years with respect to 400 grams or more but less
34 than 900 grams of a substance containing amphetamine
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1 or methamphetamine or any salt of an optical isomer
2 of amphetamine or methamphetamine, or an analog
3 thereof;
4 (D) not less than 15 years and not more than
5 60 years with respect to 900 grams or more but less
6 than 2,000 grams of any substance containing
7 amphetamine or methamphetamine or any salt of an
8 optical isomer of amphetamine or methamphetamine, or
9 an analog thereof;
10 (E) Not less than 20 years and not more than
11 80 years with respect to 2,000 grams or more of any
12 substance containing amphetamine or methamphetamine
13 or any salt of an optical isomer of amphetamine or
14 methamphetamine, or an analog thereof 200 grams or
15 more of any substance containing amphetamine or
16 methamphetamine or any salt of an optical isomer of
17 amphetamine or methamphetamine, or an analog
18 thereof;
19 (7) (A) not less than 6 years and not more than 30
20 years with respect to: (i) 15 grams or more but less
21 than 100 grams of a substance containing lysergic
22 acid diethylamide (LSD), or an analog thereof, or
23 (ii) 15 or more objects or 15 or more segregated
24 parts of an object or objects but less than 200
25 objects or 200 segregated parts of an object or
26 objects containing in them or having upon them any
27 amounts of any substance containing lysergic acid
28 diethylamide (LSD), or an analog thereof;
29 (B) not less than 9 years and not more than 40
30 years with respect to: (i) 100 grams or more but
31 less than 400 grams of a substance containing
32 lysergic acid diethylamide (LSD), or an analog
33 thereof, or (ii) 200 or more objects or 200 or more
34 segregated parts of an object or objects but less
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1 than 600 objects or less than 600 segregated parts
2 of an object or objects containing in them or having
3 upon them any amount of any substance containing
4 lysergic acid diethylamide (LSD), or an analog
5 thereof;
6 (C) not less than 12 years and not more than
7 50 years with respect to: (i) 400 grams or more but
8 less than 900 grams of a substance containing
9 lysergic acid diethylamide (LSD), or an analog
10 thereof, or (ii) 600 or more objects or 600 or more
11 segregated parts of an object or objects but less
12 than 1500 objects or 1500 segregated parts of an
13 object or objects containing in them or having upon
14 them any amount of any substance containing lysergic
15 acid diethylamide (LSD), or an analog thereof;
16 (D) not less than 15 years and not more than
17 60 years with respect to: (i) 900 grams or more of
18 any substance containing lysergic acid diethylamide
19 (LSD), or an analog thereof, or (ii) 1500 or more
20 objects or 1500 or more segregated parts of an
21 object or objects containing in them or having upon
22 them any amount of a substance containing lysergic
23 acid diethylamide (LSD), or an analog thereof;
24 (8) 30 grams or more of any substance containing
25 pentazocine or any of the salts, isomers and salts of
26 isomers of pentazocine, or an analog thereof;
27 (9) 30 grams or more of any substance containing
28 methaqualone or any of the salts, isomers and salts of
29 isomers of methaqualone, or an analog thereof;
30 (10) 30 grams or more of any substance
31 containing phencyclidine or any of the salts, isomers
32 and salts of isomers of phencyclidine (PCP), or an
33 analog thereof;
34 (10.5) 30 grams or more of any substance containing
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1 ketamine or any of the salts, isomers and salts of
2 isomers of ketamine, or an analog thereof;
3 (11) 200 grams or more of any substance containing
4 any other controlled substance classified in Schedules I
5 or II, or an analog thereof, which is not otherwise
6 included in this subsection.
7 (b) Any person sentenced with respect to violations of
8 paragraph (1), (2), (3) or (7) of subsection (a) involving
9 100 grams or more of the controlled substance named therein,
10 may in addition to the penalties provided therein, be fined
11 an amount not more than $500,000 or the full street value of
12 the controlled or counterfeit substance or controlled
13 substance analog, whichever is greater. The term "street
14 value" shall have the meaning ascribed in Section 110-5 of
15 the Code of Criminal Procedure of 1963. Any person sentenced
16 with respect to any other provision of subsection (a), may in
17 addition to the penalties provided therein, be fined an
18 amount not to exceed $500,000.
19 (c) Any person who violates this Section with regard to
20 the following amounts of controlled or counterfeit substances
21 or controlled substance analogs, notwithstanding any of the
22 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
23 to the contrary, is guilty of a Class 1 felony. The fine for
24 violation of this subsection (c) shall not be more than
25 $250,000:
26 (1) 10 or more grams but less than 15 grams of any
27 substance containing heroin, or an analog thereof;
28 (2) 1 gram or more but less than 15 grams of any
29 substance containing cocaine, or an analog thereof;
30 (3) 10 grams or more but less than 15 grams of any
31 substance containing morphine, or an analog thereof;
32 (4) 50 grams or more but less than 200 grams of any
33 substance containing peyote, or an analog thereof;
34 (5) 50 grams or more but less than 200 grams of any
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1 substance containing a derivative of barbituric acid or
2 any of the salts of a derivative of barbituric acid, or
3 an analog thereof;
4 (6) 1 gram 50 grams or more but less than 200 grams
5 of any substance containing amphetamine or
6 methamphetamine or any salt of an optical isomer of
7 amphetamine or methamphetamine, or an analog thereof;
8 (7) (i) 5 grams or more but less than 15 grams of
9 any substance containing lysergic acid diethylamide
10 (LSD), or an analog thereof, or (ii) more than 10 objects
11 or more than 10 segregated parts of an object or objects
12 but less than 15 objects or less than 15 segregated parts
13 of an object containing in them or having upon them any
14 amount of any substance containing lysergic acid
15 diethylamide (LSD), or an analog thereof;
16 (8) 10 grams or more but less than 30 grams of any
17 substance containing pentazocine or any of the salts,
18 isomers and salts of isomers of pentazocine, or an analog
19 thereof;
20 (9) 10 grams or more but less than 30 grams of any
21 substance containing methaqualone or any of the salts,
22 isomers and salts of isomers of methaqualone, or an
23 analog thereof;
24 (10) 10 grams or more but less than 30 grams of any
25 substance containing phencyclidine or any of the salts,
26 isomers and salts of isomers of phencyclidine (PCP), or
27 an analog thereof;
28 (10.5) 10 grams or more but less than 30 grams of
29 any substance containing ketamine or any of the salts,
30 isomers and salts of isomers of ketamine, or an analog
31 thereof;
32 (11) 50 grams or more but less than 200 grams of
33 any substance containing a substance classified in
34 Schedules I or II, or an analog thereof, which is not
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1 otherwise included in this subsection.
2 (d) Any person who violates this Section with regard to
3 any other amount of a controlled or counterfeit substance
4 classified in Schedules I or II, or an analog thereof, which
5 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
6 (LSD) or an analog thereof, is guilty of a Class 2 felony.
7 The fine for violation of this subsection (d) shall not be
8 more than $200,000.
9 (e) Any person who violates this Section with regard to
10 any other amount of a controlled or counterfeit substance
11 classified in Schedule I or II, or an analog thereof, which
12 substance is not included under subsection (d) of this
13 Section, is guilty of a Class 3 felony. The fine for
14 violation of this subsection (e) shall not be more than
15 $150,000.
16 (f) Any person who violates this Section with regard to
17 any other amount of a controlled or counterfeit substance
18 classified in Schedule III is guilty of a Class 3 felony. The
19 fine for violation of this subsection (f) shall not be more
20 than $125,000.
21 (g) Any person who violates this Section with regard to
22 any other amount of a controlled or counterfeit substance
23 classified in Schedule IV is guilty of a Class 3 felony. The
24 fine for violation of this subsection (g) shall not be more
25 than $100,000.
26 (h) Any person who violates this Section with regard to
27 any other amount of a controlled or counterfeit substance
28 classified in Schedule V is guilty of a Class 3 felony. The
29 fine for violation of this subsection (h) shall not be more
30 than $75,000.
31 (i) This Section does not apply to the manufacture,
32 possession or distribution of a substance in conformance with
33 the provisions of an approved new drug application or an
34 exemption for investigational use within the meaning of
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1 Section 505 of the Federal Food, Drug and Cosmetic Act.
2 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97.)
3 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
4 Sec. 402. Except as otherwise authorized by this Act, it
5 is unlawful for any person knowingly to possess a controlled
6 or counterfeit substance. A violation of this Act with
7 respect to each of the controlled substances listed herein
8 constitutes a single and separate violation of this Act.
9 (a) Any person who violates this Section with respect to
10 the following controlled or counterfeit substances and
11 amounts, notwithstanding any of the provisions of subsection
12 (c) and (d) to the contrary, is guilty of a Class 1 felony
13 and shall, if sentenced to a term of imprisonment, be
14 sentenced as provided in this subsection (a) and fined as
15 provided in subsection (b):
16 (1) (A) not less than 4 years and not more than 15
17 years with respect to 15 grams or more but less than
18 100 grams of a substance containing heroin;
19 (B) not less than 6 years and not more than 30
20 years with respect to 100 grams or more but less
21 than 400 grams of a substance containing heroin;
22 (C) not less than 8 years and not more than 40
23 years with respect to 400 grams or more but less
24 than 900 grams of any substance containing heroin;
25 (D) not less than 10 years and not more than
26 50 years with respect to 900 grams or more of any
27 substance containing heroin;
28 (2) (A) not less than 4 years and not more than 15
29 years with respect to 15 grams or more but less than
30 100 grams of any substance containing cocaine;
31 (B) not less than 6 years and not more than 30
32 years with respect to 100 grams or more but less
33 than 400 grams of any substance containing cocaine;
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1 (C) not less than 8 years and not more than 40
2 years with respect to 400 grams or more but less
3 than 900 grams of any substance containing cocaine;
4 (D) not less than 10 years and not more than
5 50 years with respect to 900 grams or more of any
6 substance containing cocaine;
7 (3) (A) not less than 4 years and not more than 15
8 years with respect to 15 grams or more but less than
9 100 grams of any substance containing morphine;
10 (B) not less than 6 years and not more than 30
11 years with respect to 100 grams or more but less
12 than 400 grams of any substance containing morphine;
13 (C) not less than 8 years and not more than 40
14 years with respect to 400 grams or more but less
15 than 900 grams of any substance containing morphine;
16 (D) not less than 10 years and not more than
17 50 years with respect to 900 grams or more of any
18 substance containing morphine;
19 (4) 200 grams or more of any substance containing
20 peyote;
21 (5) 200 grams or more of any substance containing a
22 derivative of barbituric acid or any of the salts of a
23 derivative of barbituric acid;
24 (6) (A) not less than 4 years and not more than 15
25 years with respect to 15 grams or more but less than 100
26 grams of a substance containing amphetamine or
27 methamphetamine or any salt of an optical isomer of
28 amphetamine or methamphetamine, or an analog thereof;
29 (B) not less than 6 years and not more than 30
30 years with respect to 100 grams or more but less
31 than 400 grams of a substance containing amphetamine
32 or methamphetamine or any salt of an optical isomer
33 of amphetamine or methamphetamine, or an analog
34 thereof;
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1 (C) not less than 8 years and not more than 40
2 years with respect to 400 grams or more but less
3 than 900 grams of a substance containing amphetamine
4 or methamphetamine or any salt of an optical isomer
5 of amphetamine or methamphetamine, or an analog
6 thereof;
7 (D) not less than 10 years and not more than
8 50 years with respect to 900 grams or more but less
9 than 2,000 grams of any substance containing
10 amphetamine or methamphetamine or any salt of an
11 optical isomer of amphetamine or methamphetamine, or
12 an analog thereof;
13 (E) not less than 15 years and not more than
14 60 years with respect to 2,000 grams or more of any
15 substance containing amphetamine or methamphetamine
16 or any salt of an optical isomer of amphetamine or
17 methamphetamine, or an analog thereof 200 grams or
18 more of any substance containing amphetamine or
19 methamphetamine or any salt of an optical isomer of
20 amphetamine or methamphetamine;
21 (7) (A) not less than 4 years and not more than 15
22 years with respect to: (i) 15 grams or more but less
23 than 100 grams of any substance containing lysergic
24 acid diethylamide (LSD), or an analog thereof, or
25 (ii) 15 or more objects or 15 or more segregated
26 parts of an object or objects but less than 200
27 objects or 200 segregated parts of an object or
28 objects containing in them or having upon them any
29 amount of any substance containing lysergic acid
30 diethylamide (LSD), or an analog thereof;
31 (B) not less than 6 years and not more than 30
32 years with respect to: (i) 100 grams or more but
33 less than 400 grams of any substance containing
34 lysergic acid diethylamide (LSD), or an analog
-12- LRB9009100RCdv
1 thereof, or (ii) 200 or more objects or 200 or more
2 segregated parts of an object or objects but less
3 than 600 objects or less than 600 segregated parts
4 of an object or objects containing in them or having
5 upon them any amount of any substance containing
6 lysergic acid diethylamide (LSD), or an analog
7 thereof;
8 (C) not less than 8 years and not more than 40
9 years with respect to: (i) 400 grams or more but
10 less than 900 grams of any substance containing
11 lysergic acid diethylamide (LSD), or an analog
12 thereof, or (ii) 600 or more objects or 600 or more
13 segregated parts of an object or objects but less
14 than 1500 objects or 1500 segregated parts of an
15 object or objects containing in them or having upon
16 them any amount of any substance containing lysergic
17 acid diethylamide (LSD), or an analog thereof;
18 (D) not less than 10 years and not more than
19 50 years with respect to: (i) 900 grams or more of
20 any substance containing lysergic acid diethylamide
21 (LSD), or an analog thereof, or (ii) 1500 or more
22 objects or 1500 or more segregated parts of an
23 object or objects containing in them or having upon
24 them any amount of a substance containing lysergic
25 acid diethylamide (LSD), or an analog thereof;
26 (8) 30 grams or more of any substance containing
27 pentazocine or any of the salts, isomers and salts of
28 isomers of pentazocine, or an analog thereof;
29 (9) 30 grams or more of any substance containing
30 methaqualone or any of the salts, isomers and salts of
31 isomers of methaqualone;
32 (10) 30 grams or more of any substance containing
33 phencyclidine or any of the salts, isomers and salts of
34 isomers of phencyclidine (PCP);
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1 (10.5) 30 grams or more of any substance containing
2 ketamine or any of the salts, isomers and salts of
3 isomers of ketamine;
4 (11) 200 grams or more of any substance containing
5 any substance classified as a narcotic drug in Schedules
6 I or II which is not otherwise included in this
7 subsection.
8 (b) Any person sentenced with respect to violations of
9 paragraph (1), (2), (3) or (7) of subsection (a) involving
10 100 grams or more of the controlled substance named therein,
11 may in addition to the penalties provided therein, be fined
12 an amount not to exceed $200,000 or the full street value of
13 the controlled or counterfeit substances, whichever is
14 greater. The term "street value" shall have the meaning
15 ascribed in Section 110-5 of the Code of Criminal Procedure
16 of 1963. Any person sentenced with respect to any other
17 provision of subsection (a), may in addition to the penalties
18 provided therein, be fined an amount not to exceed $200,000.
19 (c) Any person who violates this Section with regard to
20 an amount of a controlled or counterfeit substance not set
21 forth in subsection (a) or (d) is guilty of a Class 4 felony.
22 The fine for a violation punishable under this subsection (c)
23 shall not be more than $25,000.
24 (d) Any person who violates this Section with regard to
25 any amount of anabolic steroid is guilty of a Class C
26 misdemeanor for the first offense and a Class B misdemeanor
27 for a subsequent offense committed within 2 years of a prior
28 conviction.
29 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
30 90-384, eff. 1-1-98; revised 11-13-97.)
31 Section 10. The Unified Code of Corrections is amended by
32 changing Section 5-5-3 as follows:
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1 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
2 Sec. 5-5-3. Disposition.
3 (a) Every person convicted of an offense shall be
4 sentenced as provided in this Section.
5 (b) The following options shall be appropriate
6 dispositions, alone or in combination, for all felonies and
7 misdemeanors other than those identified in subsection (c) of
8 this Section:
9 (1) A period of probation.
10 (2) A term of periodic imprisonment.
11 (3) A term of conditional discharge.
12 (4) A term of imprisonment.
13 (5) An order directing the offender to clean up and
14 repair the damage, if the offender was convicted under
15 paragraph (h) of Section 21-1 of the Criminal Code of
16 1961.
17 (6) A fine.
18 (7) An order directing the offender to make
19 restitution to the victim under Section 5-5-6 of this
20 Code.
21 (8) A sentence of participation in a county impact
22 incarceration program under Section 5-8-1.2 of this Code.
23 Whenever an individual is sentenced for an offense based
24 upon an arrest for a violation of Section 11-501 of the
25 Illinois Vehicle Code, or a similar provision of a local
26 ordinance, and the professional evaluation recommends
27 remedial or rehabilitative treatment or education, neither
28 the treatment nor the education shall be the sole disposition
29 and either or both may be imposed only in conjunction with
30 another disposition. The court shall monitor compliance with
31 any remedial education or treatment recommendations contained
32 in the professional evaluation. Programs conducting alcohol
33 or other drug evaluation or remedial education must be
34 licensed by the Department of Human Services. However, if
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1 the individual is not a resident of Illinois, the court may
2 accept an alcohol or other drug evaluation or remedial
3 education program in the state of such individual's
4 residence. Programs providing treatment must be licensed
5 under existing applicable alcoholism and drug treatment
6 licensure standards.
7 In addition to any other fine or penalty required by law,
8 any individual convicted of a violation of Section 11-501 of
9 the Illinois Vehicle Code or a similar provision of local
10 ordinance, whose operation of a motor vehicle while in
11 violation of Section 11-501 or such ordinance proximately
12 caused an incident resulting in an appropriate emergency
13 response, shall be required to make restitution to a public
14 agency for the costs of that emergency response. Such
15 restitution shall not exceed $500 per public agency for each
16 such emergency response. For the purpose of this paragraph,
17 emergency response shall mean any incident requiring a
18 response by: a police officer as defined under Section 1-162
19 of the Illinois Vehicle Code; a fireman carried on the rolls
20 of a regularly constituted fire department; and an ambulance
21 as defined under Section 4.05 of the Emergency Medical
22 Services (EMS) Systems Act.
23 Neither a fine nor restitution shall be the sole
24 disposition for a felony and either or both may be imposed
25 only in conjunction with another disposition.
26 (c) (1) When a defendant is found guilty of first degree
27 murder the State may either seek a sentence of
28 imprisonment under Section 5-8-1 of this Code, or where
29 appropriate seek a sentence of death under Section 9-1 of
30 the Criminal Code of 1961.
31 (2) A period of probation, a term of periodic
32 imprisonment or conditional discharge shall not be
33 imposed for the following offenses. The court shall
34 sentence the offender to not less than the minimum term
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1 of imprisonment set forth in this Code for the following
2 offenses, and may order a fine or restitution or both in
3 conjunction with such term of imprisonment:
4 (A) First degree murder where the death
5 penalty is not imposed.
6 (B) Attempted first degree murder.
7 (C) A Class X felony.
8 (D) A violation of Section 401.1 or 407 of the
9 Illinois Controlled Substances Act, or a violation
10 of subdivision (c)(2) of Section 401 of that Act
11 which relates to more than 5 grams of a substance
12 containing cocaine or an analog thereof.
13 (D-5) A violation of subdivision (c)(6) of
14 Section 401 of the Illinois Controlled Substances
15 Act which relates to more than 5 grams of a
16 substance containing amphetamine or methamphetamine,
17 or any salt of an optical isomer of amphetamine or
18 methamphetamine, or an analog thereof.
19 (E) A violation of Section 5.1 or 9 of the
20 Cannabis Control Act.
21 (F) A Class 2 or greater felony if the
22 offender had been convicted of a Class 2 or greater
23 felony within 10 years of the date on which he
24 committed the offense for which he is being
25 sentenced.
26 (G) Residential burglary.
27 (H) Criminal sexual assault, except as
28 otherwise provided in subsection (e) of this
29 Section.
30 (I) Aggravated battery of a senior citizen.
31 (J) A forcible felony if the offense was
32 related to the activities of an organized gang.
33 Before July 1, 1994, for the purposes of this
34 paragraph, "organized gang" means an association of
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1 5 or more persons, with an established hierarchy,
2 that encourages members of the association to
3 perpetrate crimes or provides support to the members
4 of the association who do commit crimes.
5 Beginning July 1, 1994, for the purposes of
6 this paragraph, "organized gang" has the meaning
7 ascribed to it in Section 10 of the Illinois
8 Streetgang Terrorism Omnibus Prevention Act.
9 (K) Vehicular hijacking.
10 (L) A second or subsequent conviction for the
11 offense of hate crime when the underlying offense
12 upon which the hate crime is based is felony
13 aggravated assault or felony mob action.
14 (M) A second or subsequent conviction for the
15 offense of institutional vandalism if the damage to
16 the property exceeds $300.
17 (N) A Class 3 felony violation of paragraph
18 (1) of subsection (a) of Section 2 of the Firearm
19 Owners Identification Card Act.
20 (O) A violation of Section 12-6.1 of the
21 Criminal Code of 1961.
22 (P) A violation of paragraph (1), (2), (3),
23 (4), (5), or (7) of subsection (a) of Section
24 11-20.1 of the Criminal Code of 1961.
25 (3) A minimum term of imprisonment of not less than
26 48 consecutive hours or 100 hours of community service as
27 may be determined by the court shall be imposed for a
28 second or subsequent violation committed within 5 years
29 of a previous violation of Section 11-501 of the Illinois
30 Vehicle Code or a similar provision of a local ordinance.
31 (4) A minimum term of imprisonment of not less than
32 7 consecutive days or 30 days of community service shall
33 be imposed for a violation of paragraph (c) of Section
34 6-303 of the Illinois Vehicle Code.
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1 (4.1) A minimum term of 30 consecutive days of
2 imprisonment, 40 days of 24 hour periodic imprisonment or
3 720 hours of community service, as may be determined by
4 the court, shall be imposed for a violation of Section
5 11-501 of the Illinois Vehicle Code during a period in
6 which the defendant's driving privileges are revoked or
7 suspended, where the revocation or suspension was for a
8 violation of Section 11-501 or Section 11-501.1 of that
9 Code.
10 (5) The court may sentence an offender convicted of
11 a business offense or a petty offense or 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
16 Section 5-5-6 of this Code.
17 (6) In no case shall an offender be eligible for a
18 disposition of probation or conditional discharge for a
19 Class 1 felony committed while he was serving a term of
20 probation or conditional discharge for a felony.
21 (7) When a defendant is adjudged a habitual
22 criminal under Article 33B of the Criminal Code of 1961,
23 the court shall sentence the defendant to a term of
24 natural life imprisonment.
25 (8) When a defendant, over the age of 21 years, is
26 convicted of a Class 1 or Class 2 felony, after having
27 twice been convicted of any Class 2 or greater Class
28 felonies in Illinois, and such charges are separately
29 brought and tried and arise out of different series of
30 acts, such defendant shall be sentenced as a Class X
31 offender. This paragraph shall not apply unless (1) the
32 first felony was committed after the effective date of
33 this amendatory Act of 1977; and (2) the second felony
34 was committed after conviction on the first; and (3) the
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1 third felony was committed after conviction on the
2 second.
3 (9) A defendant convicted of a second or subsequent
4 offense of ritualized abuse of a child may be sentenced
5 to a term of natural life imprisonment.
6 (10) Beginning July 1, 1994, unless sentencing
7 under Section 33B-1 is applicable, a term of imprisonment
8 of not less than 15 years nor more than 50 years shall be
9 imposed on a defendant who violates Section 33A-2 of the
10 Criminal Code of 1961 with a firearm, when that person
11 has been convicted in any state or federal court of 3 or
12 more of the following offenses: treason, first degree
13 murder, second degree murder, aggravated criminal sexual
14 assault, criminal sexual assault, robbery, burglary,
15 arson, kidnaping, aggravated battery resulting in great
16 bodily harm or permanent disability or disfigurement, or
17 a violation of Section 401(a) of the Illinois Controlled
18 Substances Act, when the third offense was committed
19 after conviction on the second, the second offense was
20 committed after conviction on the first, and the
21 violation of Section 33A-2 of the Criminal Code of 1961
22 was committed after conviction on the third.
23 (11) Beginning July 1, 1994, a term of imprisonment
24 of not less than 10 years and not more than 30 years
25 shall be imposed on a defendant who violates Section
26 33A-2 with a Category I weapon where the offense was
27 committed in any school, or any conveyance owned, leased,
28 or contracted by a school to transport students to or
29 from school or a school related activity, on the real
30 property comprising any school or public park, and where
31 the offense was related to the activities of an organized
32 gang. For the purposes of this paragraph (11),
33 "organized gang" has the meaning ascribed to it in
34 Section 10 of the Illinois Streetgang Terrorism Omnibus
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1 Prevention Act.
2 (d) In any case in which a sentence originally imposed
3 is vacated, the case shall be remanded to the trial court.
4 The trial court shall hold a hearing under Section 5-4-1 of
5 the Unified Code of Corrections which may include evidence of
6 the defendant's life, moral character and occupation during
7 the time since the original sentence was passed. The trial
8 court shall then impose sentence upon the defendant. The
9 trial court may impose any sentence which could have been
10 imposed at the original trial subject to Section 5-5-4 of the
11 Unified Code of Corrections.
12 (e) In cases where prosecution for criminal sexual
13 assault or aggravated criminal sexual abuse under Section
14 12-13 or 12-16 of the Criminal Code of 1961 results in
15 conviction of a defendant who was a family member of the
16 victim at the time of the commission of the offense, the
17 court shall consider the safety and welfare of the victim and
18 may impose a sentence of probation only where:
19 (1) the court finds (A) or (B) or both are
20 appropriate:
21 (A) the defendant is willing to undergo a
22 court approved counseling program for a minimum
23 duration of 2 years; or
24 (B) the defendant is willing to participate in
25 a court approved plan including but not limited to
26 the defendant's:
27 (i) removal from the household;
28 (ii) restricted contact with the victim;
29 (iii) continued financial support of the
30 family;
31 (iv) restitution for harm done to the
32 victim; and
33 (v) compliance with any other measures
34 that the court may deem appropriate; and
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1 (2) the court orders the defendant to pay for the
2 victim's counseling services, to the extent that the
3 court finds, after considering the defendant's income and
4 assets, that the defendant is financially capable of
5 paying for such services, if the victim was under 18
6 years of age at the time the offense was committed and
7 requires counseling as a result of the offense.
8 Probation may be revoked or modified pursuant to Section
9 5-6-4; except where the court determines at the hearing that
10 the defendant violated a condition of his or her probation
11 restricting contact with the victim or other family members
12 or commits another offense with the victim or other family
13 members, the court shall revoke the defendant's probation and
14 impose a term of imprisonment.
15 For the purposes of this Section, "family member" and
16 "victim" shall have the meanings ascribed to them in Section
17 12-12 of the Criminal Code of 1961.
18 (f) This Article shall not deprive a court in other
19 proceedings to order a forfeiture of property, to suspend or
20 cancel a license, to remove a person from office, or to
21 impose any other civil penalty.
22 (g) Whenever a defendant is convicted of an offense
23 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
24 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
25 12-15 or 12-16 of the Criminal Code of 1961, the defendant
26 shall undergo medical testing to determine whether the
27 defendant has any sexually transmissible disease, including a
28 test for infection with human immunodeficiency virus (HIV) or
29 any other identified causative agent of acquired
30 immunodeficiency syndrome (AIDS). Any such medical test
31 shall be performed only by appropriately licensed medical
32 practitioners and may include an analysis of any bodily
33 fluids as well as an examination of the defendant's person.
34 Except as otherwise provided by law, the results of such test
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1 shall be kept strictly confidential by all medical personnel
2 involved in the testing and must be personally delivered in a
3 sealed envelope to the judge of the court in which the
4 conviction was entered for the judge's inspection in camera.
5 Acting in accordance with the best interests of the victim
6 and the public, the judge shall have the discretion to
7 determine to whom, if anyone, the results of the testing may
8 be revealed. The court shall notify the defendant of the test
9 results. The court shall also notify the victim if requested
10 by the victim, and if the victim is under the age of 15 and
11 if requested by the victim's parents or legal guardian, the
12 court shall notify the victim's parents or legal guardian of
13 the test results. The court shall provide information on the
14 availability of HIV testing and counseling at Department of
15 Public Health facilities to all parties to whom the results
16 of the testing are revealed and shall direct the State's
17 Attorney to provide the information to the victim when
18 possible. A State's Attorney may petition the court to obtain
19 the results of any HIV test administered under this Section,
20 and the court shall grant the disclosure if the State's
21 Attorney shows it is relevant in order to prosecute a charge
22 of criminal transmission of HIV under Section 12-16.2 of the
23 Criminal Code of 1961 against the defendant. The court shall
24 order that the cost of any such test shall be paid by the
25 county and may be taxed as costs against the convicted
26 defendant.
27 (g-5) When an inmate is tested for an airborne
28 communicable disease, as determined by the Illinois
29 Department of Public Health including but not limited to
30 tuberculosis, the results of the test shall be personally
31 delivered by the warden or his or her designee in a sealed
32 envelope to the judge of the court in which the inmate must
33 appear for the judge's inspection in camera if requested by
34 the judge. Acting in accordance with the best interests of
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1 those in the courtroom, the judge shall have the discretion
2 to determine what if any precautions need to be taken to
3 prevent transmission of the disease in the courtroom.
4 (h) Whenever a defendant is convicted of an offense
5 under Section 1 or 2 of the Hypodermic Syringes and Needles
6 Act, the defendant shall undergo medical testing to determine
7 whether the defendant has been exposed to human
8 immunodeficiency virus (HIV) or any other identified
9 causative agent of acquired immunodeficiency syndrome (AIDS).
10 Except as otherwise provided by law, the results of such test
11 shall be kept strictly confidential by all medical personnel
12 involved in the testing and must be personally delivered in a
13 sealed envelope to the judge of the court in which the
14 conviction was entered for the judge's inspection in camera.
15 Acting in accordance with the best interests of the public,
16 the judge shall have the discretion to determine to whom, if
17 anyone, the results of the testing may be revealed. The court
18 shall notify the defendant of a positive test showing an
19 infection with the human immunodeficiency virus (HIV). The
20 court shall provide information on the availability of HIV
21 testing and counseling at Department of Public Health
22 facilities to all parties to whom the results of the testing
23 are revealed and shall direct the State's Attorney to provide
24 the information to the victim when possible. A State's
25 Attorney may petition the court to obtain the results of any
26 HIV test administered under this Section, and the court
27 shall grant the disclosure if the State's Attorney shows it
28 is relevant in order to prosecute a charge of criminal
29 transmission of HIV under Section 12-16.2 of the Criminal
30 Code of 1961 against the defendant. The court shall order
31 that the cost of any such test shall be paid by the county
32 and may be taxed as costs against the convicted defendant.
33 (i) All fines and penalties imposed under this Section
34 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
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1 Vehicle Code, or a similar provision of a local ordinance,
2 and any violation of the Child Passenger Protection Act, or a
3 similar provision of a local ordinance, shall be collected
4 and disbursed by the circuit clerk as provided under Section
5 27.5 of the Clerks of Courts Act.
6 (j) In cases when prosecution for any violation of
7 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
8 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
9 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
10 12-16 of the Criminal Code of 1961, any violation of the
11 Illinois Controlled Substances Act, or any violation of the
12 Cannabis Control Act results in conviction, a disposition of
13 court supervision, or an order of probation granted under
14 Section 10 of the Cannabis Control Act or Section 410 of the
15 Illinois Controlled Substance Act of a defendant, the court
16 shall determine whether the defendant is employed by a
17 facility or center as defined under the Child Care Act of
18 1969, a public or private elementary or secondary school, or
19 otherwise works with children under 18 years of age on a
20 daily basis. When a defendant is so employed, the court
21 shall order the Clerk of the Court to send a copy of the
22 judgment of conviction or order of supervision or probation
23 to the defendant's employer by certified mail. If the
24 employer of the defendant is a school, the Clerk of the Court
25 shall direct the mailing of a copy of the judgment of
26 conviction or order of supervision or probation to the
27 appropriate regional superintendent of schools. The regional
28 superintendent of schools shall notify the State Board of
29 Education of any notification under this subsection.
30 (j-5) A defendant at least 17 years of age who is
31 convicted of a felony and who has not been previously
32 convicted of a misdemeanor or felony and who is sentenced to
33 a term of imprisonment in the Illinois Department of
34 Corrections shall as a condition of his or her sentence be
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1 required by the court to attend educational courses designed
2 to prepare the defendant for a high school diploma and to
3 work toward a high school diploma or to work toward passing
4 the high school level Test of General Educational Development
5 (GED) or to work toward completing a vocational training
6 program offered by the Department of Corrections. If a
7 defendant fails to complete the educational training required
8 by his or her sentence during the term of incarceration, the
9 Prisoner Review Board shall, as a condition of mandatory
10 supervised release, require the defendant, at his or her own
11 expense, to pursue a course of study toward a high school
12 diploma or passage of the GED test. The Prisoner Review
13 Board shall revoke the mandatory supervised release of a
14 defendant who wilfully fails to comply with this subsection
15 (j-5) upon his or her release from confinement in a penal
16 institution while serving a mandatory supervised release
17 term; however, the inability of the defendant after making a
18 good faith effort to obtain financial aid or pay for the
19 educational training shall not be deemed a wilful failure to
20 comply. The Prisoner Review Board shall recommit the
21 defendant whose mandatory supervised release term has been
22 revoked under this subsection (j-5) as provided in Section
23 3-3-9. This subsection (j-5) does not apply to a defendant
24 who has a high school diploma or has successfully passed the
25 GED test. This subsection (j-5) does not apply to a defendant
26 who is determined by the court to be developmentally disabled
27 or otherwise mentally incapable of completing the educational
28 or vocational program.
29 (k) A court may not impose a sentence or disposition for
30 a felony or misdemeanor that requires the defendant to be
31 implanted or injected with or to use any form of birth
32 control.
33 (l)(A) Except as provided in paragraph (C) of subsection
34 (l), whenever a defendant, who is an alien as defined by the
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1 Immigration and Nationality Act, is convicted of any felony
2 or misdemeanor offense, the court after sentencing the
3 defendant may, upon motion of the State's Attorney, hold
4 sentence in abeyance and remand the defendant to the custody
5 of the Attorney General of the United States or his or her
6 designated agent to be deported when:
7 (1) a final order of deportation has been issued
8 against the defendant pursuant to proceedings under the
9 Immigration and Nationality Act, and
10 (2) the deportation of the defendant would not
11 deprecate the seriousness of the defendant's conduct and
12 would not be inconsistent with the ends of justice.
13 Otherwise, the defendant shall be sentenced as provided
14 in this Chapter V.
15 (B) If the defendant has already been sentenced for a
16 felony or misdemeanor offense, or has been placed on
17 probation under Section 10 of the Cannabis Control Act or
18 Section 410 of the Illinois Controlled Substances Act, the
19 court may, upon motion of the State's Attorney to suspend the
20 sentence imposed, commit the defendant to the custody of the
21 Attorney General of the United States or his or her
22 designated agent when:
23 (1) a final order of deportation has been issued
24 against the defendant pursuant to proceedings under the
25 Immigration and Nationality Act, and
26 (2) the deportation of the defendant would not
27 deprecate the seriousness of the defendant's conduct and
28 would not be inconsistent with the ends of justice.
29 (C) This subsection (l) does not apply to offenders who
30 are subject to the provisions of paragraph (2) of subsection
31 (a) of Section 3-6-3.
32 (D) Upon motion of the State's Attorney, if a defendant
33 sentenced under this Section returns to the jurisdiction of
34 the United States, the defendant shall be recommitted to the
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1 custody of the county from which he or she was sentenced.
2 Thereafter, the defendant shall be brought before the
3 sentencing court, which may impose any sentence that was
4 available under Section 5-5-3 at the time of initial
5 sentencing. In addition, the defendant shall not be eligible
6 for additional good conduct credit for meritorious service as
7 provided under Section 3-6-6.
8 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
9 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
10 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
11 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
12 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)