State of Illinois
91st General Assembly
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[ Introduced ][ Engrossed ][ Senate Amendment 002 ]

91_SB0509enr

 
SB509 Enrolled                                 LRB9104252KSgc

 1        AN ACT in relation to criminal law, amending named Acts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing  Sections 12-4.1, 20-2, and 26-1 and adding Sections
 6    12-4.2-5 and 24-1.2-5 and Article 20.5 as follows:

 7        (720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
 8        Sec. 12-4.1.  Heinous Battery.
 9        (a)  A person who, in  committing  a  battery,  knowingly
10    causes  severe and permanent disability, great bodily harm or
11    disfigurement by means of a caustic or flammable substance, a
12    poisonous gas, a deadly biological or chemical contaminant or
13    agent, a  radioactive  substance,  or  a  bomb  or  explosive
14    compound commits heinous battery.
15        (b)  Sentence.  Heinous  battery  is a Class X felony for
16    which a person shall be sentenced to a term  of  imprisonment
17    of no less than 6 years and no more than 45 years.
18    (Source: P.A. 88-285.)

19        (720 ILCS 5/12-4.2-5 new)
20        Sec.  12-4.2-5.  Aggravated battery with a machine gun or
21    a firearm equipped with any device or attachment designed  or
22    used for silencing the report of a firearm.
23        (a)  A  person  commits aggravated battery with a machine
24    gun or a firearm equipped with a device designed or used  for
25    silencing  the  report  of  a  firearm  when  he  or  she, in
26    committing a battery, knowingly or intentionally by means  of
27    the discharging of a machine gun or a firearm equipped with a
28    device designed or used for silencing the report of a firearm
29    (1)  causes  any  injury to another person, or (2) causes any
30    injury to a person he or she knows to be a peace  officer,  a
 
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 1    person   summoned   by   a   peace  officer,  a  correctional
 2    institution  employee  or  a  fireman  while  the    officer,
 3    employee or fireman is engaged in the execution of any of his
 4    or her official duties, or to prevent the  officer,  employee
 5    or  fireman from performing his or her official duties, or in
 6    retaliation for the officer, employee or  fireman  performing
 7    his  or  her  official  duties, or (3) causes any injury to a
 8    person he or she knows to be an emergency medical  technician
 9    -  ambulance,  emergency  medical  technician - intermediate,
10    emergency medical technician - paramedic,  ambulance  driver,
11    or  other medical assistance or first aid personnel, employed
12    by a municipality  or  other  governmental  unit,  while  the
13    emergency  medical  technician - ambulance, emergency medical
14    technician - intermediate,  emergency  medical  technician  -
15    paramedic,  ambulance  driver, or other medical assistance or
16    first aid personnel is engaged in the execution of any of his
17    or her official duties, or to prevent the  emergency  medical
18    technician   -  ambulance,  emergency  medical  technician  -
19    intermediate,  emergency  medical  technician  -   paramedic,
20    ambulance  driver,  or  other medical assistance or first aid
21    personnel from performing his or her official duties,  or  in
22    retaliation for the emergency medical technician - ambulance,
23    emergency   medical   technician  -  intermediate,  emergency
24    medical technician - paramedic, ambulance  driver,  or  other
25    medical  assistance  or first aid personnel performing his or
26    her official duties.
27        (b)  A violation of subsection (a) (1) of this Section is
28    a Class X felony for which the person shall be sentenced to a
29    term of imprisonment of no less than 12  years  and  no  more
30    than  45  years.    A  violation  of  subsection  (a)  (2) or
31    subsection (a) (3) of this Section is a Class  X  felony  for
32    which the sentence shall be a term of imprisonment of no less
33    than 20 years and no more than 60 years.
34        (c)  For  purposes  of this Section, "firearm" is defined
 
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 1    as in the Firearm Owners Identification Card Act.
 2        (d)  For purposes of this Section, "machine gun" has  the
 3    meaning  ascribed  to  it  in  clause (i) of paragraph (7) of
 4    subsection (a) of Section 24-1 of this Code.

 5        (720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
 6        Sec. 20-2.  Possession  of  explosives  or  explosive  or
 7    incendiary  devices.  (a)  A  person  commits  the offense of
 8    possession of explosives or explosive or  incendiary  devices
 9    in  violation of this Section when he possesses, manufactures
10    or transports any explosive compound,  timing  or  detonating
11    device  for  use  with  any  explosive compound or incendiary
12    device and either intends to use such explosive or device  to
13    commit  any offense or knows that another intends to use such
14    explosive or device to commit a felony.
15        (b)  Sentence.
16        Possession  of  explosives  or  explosive  or  incendiary
17    devices in violation of this Section is a Class  1  2  felony
18    for  which  a person, if sentenced to a term of imprisonment,
19    shall be sentenced to not less than 4 years and not more than
20    30 years.
21    (Source: P.A. 84-1308.)

22        (720 ILCS 5/Art. 20.5 heading new)
23                  ARTICLE 20.5.  DEADLY SUBSTANCES

24        (720 ILCS 5/20.5-6 new)
25        Sec. 20.5-6.  Possession of a deadly substance.
26        (a)  A person commits the  offense  of  possession  of  a
27    deadly  substance  when  he or she possesses, manufactures or
28    transports any poisonous gas, deadly biological  or  chemical
29    contaminant  or  agent,  or radioactive substance either with
30    the  intent  to  use  such  gas,   biological   or   chemical
31    contaminant  or  agent,  or radioactive substance to commit a
 
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 1    felony or with the knowledge that another person  intends  to
 2    use such gas, biological or chemical contaminant or agent, or
 3    radioactive substance to commit a felony.
 4        (b)  Sentence.   Possession  of  a  deadly substance is a
 5    Class 1 felony for which a person, if sentenced to a term  of
 6    imprisonment, shall be sentenced to a term of not less than 4
 7    years and not more than 30 years.

 8        (720 ILCS 5/24-1.2-5 new)
 9        Sec. 24-1.2-5.  Aggravated discharge of a  machine gun or
10    a  firearm  equipped  with  a  device  designed  or  used for
11    silencing the report of a firearm.
12        (a)  A person commits aggravated discharge of a   machine
13    gun  or a firearm equipped with a device designed or used for
14    silencing the report of a firearm when he or she knowingly or
15    intentionally:
16             (1)  Discharges a machine gun or a firearm  equipped
17        with  a  device designed or used for silencing the report
18        of a firearm at or into a building he or she knows to  be
19        occupied and the machine gun or the firearm equipped with
20        a  device  designed or used for silencing the report of a
21        firearm is discharged from a place  or  position  outside
22        that building;
23             (2)  Discharges  a machine gun or a firearm equipped
24        with a device designed or used for silencing  the  report
25        of a firearm in the direction of another person or in the
26        direction of a vehicle he or she knows to be occupied;
27             (3)  Discharges  a machine gun or a firearm equipped
28        with a device designed or used for silencing  the  report
29        of a firearm in the direction of a person he or she knows
30        to be a peace officer, a person summoned or directed by a
31        peace  officer, a correctional institution employee, or a
32        fireman while the officer, employee or fireman is engaged
33        in the execution of any of his or her official duties, or
 
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 1        to  prevent  the  officer,  employee  or   fireman   from
 2        performing  his or her official duties, or in retaliation
 3        for the officer, employee or fireman  performing  his  or
 4        her official duties;
 5             (4)  Discharges  a machine gun or a firearm equipped
 6        with a device designed or used for silencing  the  report
 7        of  a  firearm  in  the  direction of a vehicle he or she
 8        knows to  be  occupied  by  a  peace  officer,  a  person
 9        summoned  or  directed by a peace officer, a correctional
10        institution employee or  a  fireman  while  the  officer,
11        employee or fireman is engaged in the execution of any of
12        his  or  her  official duties, or to prevent the officer,
13        employee or fireman from performing his or  her  official
14        duties,  or  in  retaliation for the officer, employee or
15        fireman performing his or her official duties;
16             (5)  Discharges a machine gun or a firearm  equipped
17        with  a  device designed or used for silencing the report
18        of a firearm in the direction of a person he or she knows
19        to  be  an  emergency  medical  technician  -  ambulance,
20        emergency medical technician  -  intermediate,  emergency
21        medical  technician  -  paramedic,  ambulance  driver, or
22        other medical assistance or first aid personnel, employed
23        by a municipality or other governmental unit,  while  the
24        emergency   medical  technician  -  ambulance,  emergency
25        medical  technician  -  intermediate,  emergency  medical
26        technician  -  paramedic,  ambulance  driver,  or   other
27        medical  assistance  or first aid personnel is engaged in
28        the execution of any of his or her official duties, or to
29        prevent the emergency  medical  technician  -  ambulance,
30        emergency  medical  technician  - intermediate, emergency
31        medical technician  -  paramedic,  ambulance  driver,  or
32        other  medical  assistance  or  first  aid personnel from
33        performing his or her official duties, or in  retaliation
34        for   the   emergency  medical  technician  -  ambulance,
 
SB509 Enrolled              -6-                LRB9104252KSgc
 1        emergency medical technician  -  intermediate,  emergency
 2        medical  technician  -  paramedic,  ambulance  driver, or
 3        other  medical  assistance   or   first   aid   personnel
 4        performing his or her official duties; or
 5             (6)  Discharges  a machine gun or a firearm equipped
 6        with a device designed or used for silencing  the  report
 7        of  a  firearm  in  the  direction of a vehicle he or she
 8        knows to be occupied by an emergency medical technician -
 9        ambulance, emergency medical technician  -  intermediate,
10        emergency   medical  technician  -  paramedic,  ambulance
11        driver,  or  other  medical  assistance  or   first   aid
12        personnel,   employed   by   a   municipality   or  other
13        governmental unit, while the emergency medical technician
14        - ambulance, emergency medical technician - intermediate,
15        emergency  medical  technician  -  paramedic,   ambulance
16        driver,   or   other  medical  assistance  or  first  aid
17        personnel is engaged in the execution of any  of  his  or
18        her  official duties, or to prevent the emergency medical
19        technician - ambulance, emergency  medical  technician  -
20        intermediate,  emergency  medical technician - paramedic,
21        ambulance driver, or other medical  assistance  or  first
22        aid personnel from performing his or her official duties,
23        or  in retaliation for the emergency medical technician -
24        ambulance, emergency medical technician  -  intermediate,
25        emergency   medical  technician  -  paramedic,  ambulance
26        driver,  or  other  medical  assistance  or   first   aid
27        personnel performing his or her official duties.
28        (b)  A  violation   of  subsection (a) (1) or  subsection
29    (a) (2) of this Section is a Class X felony.  A violation  of
30    subsection  (a)  (3),  (a)  (4),  (a) (5), or (a) (6) of this
31    Section is a Class X felony for which the sentence shall be a
32    term of imprisonment of no less than 12  years  and  no  more
33    than 50 years.
34        (c)  For  the  purpose of this Section, "machine gun" has
 
SB509 Enrolled              -7-                LRB9104252KSgc
 1    the meaning ascribed to it in clause (i) of paragraph (7)  of
 2    subsection (a) of Section 24-1 of this Code.

 3        (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
 4        Sec. 26-1.  Elements of the Offense.
 5        (a)  A   person   commits   disorderly  conduct  when  he
 6    knowingly:
 7             (1)  Does any act in such unreasonable manner as  to
 8        alarm  or  disturb another and to provoke a breach of the
 9        peace; or
10             (2)  Transmits or causes to be  transmitted  in  any
11        manner  to the fire department of any city, town, village
12        or fire  protection  district  a  false  alarm  of  fire,
13        knowing at the time of such transmission that there is no
14        reasonable ground for believing that such fire exists; or
15             (3)  Transmits  or  causes  to be transmitted in any
16        manner to another a false alarm to the effect that a bomb
17        or other explosive of any nature or a  container  holding
18        poison  gas, a deadly biological or chemical contaminant,
19        or radioactive substance  is concealed in such place that
20        its explosion  or  release  would  endanger  human  life,
21        knowing at the time of such transmission that there is no
22        reasonable  ground  for  believing  that  such  bomb,  or
23        explosive  or  a  container  holding poison gas, a deadly
24        biological  or  chemical  contaminant,   or   radioactive
25        substance  is concealed in such place; or
26             (4)  Transmits  or  causes  to be transmitted in any
27        manner to any peace officer,  public  officer  or  public
28        employee  a  report to the effect that an offense will be
29        committed, is being committed,  or  has  been  committed,
30        knowing at the time of such transmission that there is no
31        reasonable ground for believing that such an offense will
32        be  committed, is being committed, or has been committed;
33        or
 
SB509 Enrolled              -8-                LRB9104252KSgc
 1             (5)  Enters upon the property of another and  for  a
 2        lewd  or  unlawful  purpose  deliberately  looks  into  a
 3        dwelling  on  the  property  through  any window or other
 4        opening in it; or
 5             (6)  While acting as a collection agency as  defined
 6        in  the "Collection Agency Act" or as an employee of such
 7        collection agency, and while  attempting  to  collect  an
 8        alleged  debt,  makes  a  telephone  call  to the alleged
 9        debtor which is designed to harass, annoy  or  intimidate
10        the alleged debtor; or
11             (7)  Transmits  or  causes to be transmitted a false
12        report to the Department of Children and Family  Services
13        under  Section  4  of  the  "Abused  and  Neglected Child
14        Reporting Act"; or
15             (8)  Transmits or causes to be transmitted  a  false
16        report  to  the  Department  of  Public  Health under the
17        Nursing Home Care Act; or
18             (9)  Transmits or causes to be  transmitted  in  any
19        manner to the police department or fire department of any
20        municipality   or   fire   protection  district,  or  any
21        privately owned and operated ambulance service,  a  false
22        request    for    an    ambulance,    emergency   medical
23        technician-ambulance      or      emergency       medical
24        technician-paramedic  knowing  at  the  time  there is no
25        reasonable ground for believing that such  assistance  is
26        required; or
27             (10)  Transmits  or causes to be transmitted a false
28        report under Article II of "An Act in relation to victims
29        of violence and abuse", approved September 16,  1984,  as
30        amended; or
31             (11)  Transmits  or causes to be transmitted a false
32        report to any public safety agency without the reasonable
33        grounds necessary to believe  that  transmitting  such  a
34        report  is  necessary  for  the safety and welfare of the
 
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 1        public; or
 2             (12)  Calls the number  "911"  for  the  purpose  of
 3        making  or  transmitting  a  false alarm or complaint and
 4        reporting information when,  at  the  time  the  call  or
 5        transmission  is  made,  the  person  knows  there  is no
 6        reasonable ground for making the call or transmission and
 7        further knows that the call or transmission could  result
 8        in the emergency response of any public safety agency.
 9        (b)  Sentence.
10        (1)  A violation of subsection (a) (1) of this Section is
11    a  Class  C  misdemeanor.  A violation of subsection (a) (7),
12    (a)(11), or (a)(12) of this Section is a Class A misdemeanor.
13    A violation of subsection (a) (5), (a) (8)  or  (a)  (10)  of
14    this  Section  is  a  Class  B  misdemeanor.  A  violation of
15    subsection (a) (2),  (a)  (3),  (a)(4),  or  (a)(9)  of  this
16    Section is a Class 4 felony. A violation of subsection (a)(3)
17    of  this Section is a Class 3 felony, for which a fine of not
18    less than $3,000 and no more than $10,000 shall  be  assessed
19    in addition to any other penalty imposed.
20        A  violation  of  subsection (a) (6) of this Section is a
21    Business Offense and shall be  punished  by  a  fine  not  to
22    exceed $3,000. A second or subsequent violation of subsection
23    (a)  (7),  (a)(11),  or  (a)(12) of this Section is a Class 4
24    felony.
25        (c)  In addition  to  any  other  sentence  that  may  be
26    imposed,   a  court  shall  order  any  person  convicted  of
27    disorderly conduct to perform community service for not  less
28    than  30 and not more than 120 hours, if community service is
29    available in the jurisdiction and is funded and  approved  by
30    the  county  board  of  the  county  where  the  offense  was
31    committed.  In  addition,  whenever  any  person is placed on
32    supervision for an alleged offense under  this  Section,  the
33    supervision  shall be conditioned upon the performance of the
34    community service.
 
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 1        This subsection does not apply when the court  imposes  a
 2    sentence of incarceration.
 3    (Source: P.A. 89-8, eff. 3-21-95; 90-456, eff. 1-1-98.)

 4        Section  10.  The  Unified Code of Corrections is amended
 5    by changing Section 3-6-3 as follows:

 6        (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
 7        Sec. 3-6-3.  Rules and Regulations for Early Release.
 8             (a)(1)  The   Department   of   Corrections    shall
 9        prescribe  rules and regulations for the early release on
10        account of good  conduct  of  persons  committed  to  the
11        Department  which  shall  be  subject  to  review  by the
12        Prisoner Review Board.
13             (2)  The rules  and  regulations  on  early  release
14        shall  provide,  with respect to offenses committed on or
15        after June 19, 1998 the effective date of this amendatory
16        Act of 1998, the following:
17                  (i)  that a prisoner who is serving a  term  of
18             imprisonment  for  first degree murder shall receive
19             no good conduct credit and shall  serve  the  entire
20             sentence imposed by the court;
21                  (ii)  that  a  prisoner  serving a sentence for
22             attempt to commit first degree murder,  solicitation
23             of   murder,   solicitation   of  murder  for  hire,
24             intentional homicide of an unborn  child,  predatory
25             criminal  sexual  assault  of  a  child,  aggravated
26             criminal  sexual  assault,  criminal sexual assault,
27             aggravated kidnapping,  aggravated  battery  with  a
28             firearm,  heinous  battery,  aggravated battery of a
29             senior citizen, or aggravated  battery  of  a  child
30             shall  receive no more than 4.5 days of good conduct
31             credit for each month of  his  or  her  sentence  of
32             imprisonment; and
 
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 1                  (iii)  that  a  prisoner serving a sentence for
 2             home invasion, armed robbery,  aggravated  vehicular
 3             hijacking,  aggravated  discharge  of  a firearm, or
 4             armed violence with a category I weapon or  category
 5             II  weapon,  when  the  court has made and entered a
 6             finding, pursuant to  subsection  (c-1)  of  Section
 7             5-4-1  of  this  Code,  that  the conduct leading to
 8             conviction for the enumerated  offense  resulted  in
 9             great bodily harm to a victim, shall receive no more
10             than  4.5 days of good conduct credit for each month
11             of his or her sentence of imprisonment.
12             (2.1)  For all offenses, other than those enumerated
13        in subdivision (a)(2) committed on or after June 19, 1998
14         the effective date of this amendatory Act of  1998,  and
15        other than the offense of reckless homicide as defined in
16        subsection  (e)  of  Section  9-3 of the Criminal Code of
17        1961 committed on or after January 1, 1999, the rules and
18        regulations shall provide that a prisoner who is  serving
19        a  term  of  imprisonment  shall  receive one day of good
20        conduct credit for each day of his  or  her  sentence  of
21        imprisonment  or  recommitment  under Section 3-3-9. Each
22        day of good conduct credit shall reduce by  one  day  the
23        prisoner's  period  of imprisonment or recommitment under
24        Section 3-3-9.
25             (2.2)  A prisoner serving a  term  of  natural  life
26        imprisonment  or  a  prisoner  who  has been sentenced to
27        death shall receive no good conduct credit.
28             (2.3)  The rules and regulations  on  early  release
29        shall  provide  that a prisoner who is serving a sentence
30        for reckless homicide as defined  in  subsection  (e)  of
31        Section  9-3 of the Criminal Code of 1961 committed on or
32        after January 1, 1999 shall receive no more than 4.5 days
33        of good conduct credit for  each  month  of  his  or  her
34        sentence of imprisonment.
 
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 1             (2.4)  The  rules  and  regulations on early release
 2        shall provide with respect to the offenses of  aggravated
 3        battery with a machine gun or a firearm equipped with any
 4        device  or  attachment designed or used for silencing the
 5        report of a firearm or aggravated discharge of a  machine
 6        gun  or  a firearm equipped with any device or attachment
 7        designed or used for silencing the report of  a  firearm,
 8        committed   on  or  after  the  effective  date  of  this
 9        amendatory  Act  of  1999,  that  a  prisoner  serving  a
10        sentence for any of these offenses shall receive no  more
11        than  4.5  days  of good conduct credit for each month of
12        his or her sentence of imprisonment.
13             (3)  The rules and regulations  shall  also  provide
14        that  the  Director  may  award up to 180 days additional
15        good conduct credit for meritorious service  in  specific
16        instances  as  the  Director deems proper; except that no
17        more than 90 days of good conduct credit for  meritorious
18        service shall be awarded to any prisoner who is serving a
19        sentence  for conviction of first degree murder, reckless
20        homicide while under the  influence  of  alcohol  or  any
21        other  drug, aggravated kidnapping, kidnapping, predatory
22        criminal sexual assault of a child,  aggravated  criminal
23        sexual  assault,  criminal sexual assault, deviate sexual
24        assault, aggravated  criminal  sexual  abuse,  aggravated
25        indecent  liberties with a child, indecent liberties with
26        a child, child pornography, heinous  battery,  aggravated
27        battery  of a spouse, aggravated battery of a spouse with
28        a  firearm,  stalking,  aggravated  stalking,  aggravated
29        battery of a child, endangering the life or health  of  a
30        child,  cruelty  to  a  child,  or narcotic racketeering.
31        Notwithstanding the foregoing, good  conduct  credit  for
32        meritorious service shall not be awarded on a sentence of
33        imprisonment  imposed  for  conviction of: (i) one of the
34        offenses  enumerated  in  subdivision  (a)(2)  when   the
 
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 1        offense  is  committed  on  or  after June 19, 1998, (ii)
 2        reckless homicide as defined in subsection (e) of Section
 3        9-3 of the Criminal Code of  1961  when  the  offense  is
 4        committed  on  or  after  January  1,  1999, or (iii) for
 5        conviction  of  one  of  the   offenses   enumerated   in
 6        subdivision  (a)(2.4) when the offense is committed on or
 7        after the effective date of this amendatory Act  of  1999
 8        the effective date of this amendatory Act of 1998.
 9             (4)  The  rules  and  regulations shall also provide
10        that the good conduct  credit  accumulated  and  retained
11        under  paragraph  (2.1) of subsection (a) of this Section
12        by any inmate during specific periods of  time  in  which
13        such  inmate  is  engaged  full-time  in  substance abuse
14        programs,   correctional   industry    assignments,    or
15        educational  programs  provided  by  the Department under
16        this  paragraph  (4)  and  satisfactorily  completes  the
17        assigned program as determined by the  standards  of  the
18        Department,  shall  be multiplied by a factor of 1.25 for
19        program participation before August 11, 1993 and 1.50 for
20        program participation on or after that date.  However, no
21        inmate shall be eligible for the additional good  conduct
22        credit  under this paragraph (4) while assigned to a boot
23        camp, mental health unit, or electronic detention, or  if
24        convicted of an offense enumerated in paragraph (a)(2) of
25        this Section that is committed on or after June 19, 1998
26        the  effective date of this amendatory Act of 1998, or if
27        convicted of reckless homicide as defined  in  subsection
28        (e)  of  Section  9-3 of the Criminal Code of 1961 if the
29        offense is committed on or after January 1, 1999,  or  if
30        convicted  of an offense enumerated in paragraph (a)(2.4)
31        of this  Section  that  is  committed  on  or  after  the
32        effective  date  of this amendatory Act of 1999, or first
33        degree murder, a Class X felony, criminal sexual assault,
34        felony criminal sexual abuse, aggravated criminal  sexual
 
SB509 Enrolled              -14-               LRB9104252KSgc
 1        abuse,   aggravated   battery  with  a  firearm,  or  any
 2        predecessor  or  successor  offenses  with  the  same  or
 3        substantially the same elements, or any inchoate offenses
 4        relating to the foregoing offenses.  No inmate  shall  be
 5        eligible  for  the  additional  good conduct credit under
 6        this  paragraph  (4)  who  (i)  has  previously  received
 7        increased good conduct credit under  this  paragraph  (4)
 8        and  has subsequently been convicted of a felony, or (ii)
 9        has previously served more than  one  prior  sentence  of
10        imprisonment  for  a  felony  in  an  adult  correctional
11        facility.
12             Educational,   vocational,   substance   abuse   and
13        correctional  industry  programs under which good conduct
14        credit may be increased under this paragraph (4) shall be
15        evaluated by the Department on the  basis  of  documented
16        standards.   The  Department  shall report the results of
17        these  evaluations  to  the  Governor  and  the   General
18        Assembly  by  September  30th  of each year.  The reports
19        shall include data relating to the recidivism rate  among
20        program participants.
21             Availability  of  these programs shall be subject to
22        the  limits  of  fiscal  resources  appropriated  by  the
23        General Assembly for these  purposes.   Eligible  inmates
24        who  are  denied immediate admission shall be placed on a
25        waiting  list   under   criteria   established   by   the
26        Department. The inability of any inmate to become engaged
27        in  any  such  programs by reason of insufficient program
28        resources or for any other reason established  under  the
29        rules  and  regulations  of  the  Department shall not be
30        deemed a cause of action under which  the  Department  or
31        any  employee  or agent of the Department shall be liable
32        for damages to the inmate.
33             (5)  Whenever  the  Department  is  to  release  any
34        inmate earlier than it otherwise would because of a grant
 
SB509 Enrolled              -15-               LRB9104252KSgc
 1        of good conduct credit for meritorious service  given  at
 2        any  time  during  the  term,  the  Department shall give
 3        reasonable advance notice of the impending release to the
 4        State's Attorney of the county where the  prosecution  of
 5        the inmate took place.
 6        (b)  Whenever  a  person  is  or has been committed under
 7    several convictions, with separate sentences,  the  sentences
 8    shall  be  construed  under  Section  5-8-4  in  granting and
 9    forfeiting of good time.
10        (c)  The Department shall prescribe rules and regulations
11    for revoking good conduct credit, or suspending  or  reducing
12    the  rate of accumulation of good conduct credit for specific
13    rule  violations,  during  imprisonment.   These  rules   and
14    regulations  shall  provide  that  no inmate may be penalized
15    more than one  year  of  good  conduct  credit  for  any  one
16    infraction.
17        When  the  Department  seeks to revoke, suspend or reduce
18    the rate of accumulation of any good conduct credits  for  an
19    alleged  infraction  of  its  rules,  it  shall bring charges
20    therefor against the prisoner sought to  be  so  deprived  of
21    good  conduct  credits  before  the  Prisoner Review Board as
22    provided in subparagraph (a)(4)  of  Section  3-3-2  of  this
23    Code,  if  the  amount  of credit at issue exceeds 30 days or
24    when during any 12 month period,  the  cumulative  amount  of
25    credit revoked exceeds 30 days except where the infraction is
26    committed  or discovered within 60 days of scheduled release.
27    In those cases, the Department of Corrections may  revoke  up
28    to 30 days of good conduct credit. The Board may subsequently
29    approve  the revocation of additional good conduct credit, if
30    the Department seeks to revoke good conduct credit in  excess
31    of  30  days.   However,  the Board shall not be empowered to
32    review the Department's decision with respect to the loss  of
33    30  days  of good conduct credit within any calendar year for
34    any prisoner or to increase any  penalty  beyond  the  length
 
SB509 Enrolled              -16-               LRB9104252KSgc
 1    requested by the Department.
 2        The   Director  of  the  Department  of  Corrections,  in
 3    appropriate cases, may restore up to  30  days  good  conduct
 4    credits  which  have  been revoked, suspended or reduced. Any
 5    restoration of good conduct credits  in  excess  of  30  days
 6    shall  be  subject  to  review  by the Prisoner Review Board.
 7    However, the Board may not restore  good  conduct  credit  in
 8    excess of the amount requested by the Director.
 9        Nothing  contained  in  this  Section  shall prohibit the
10    Prisoner Review Board  from  ordering,  pursuant  to  Section
11    3-3-9(a)(3)(i)(B),  that  a  prisoner serve up to one year of
12    the sentence imposed by the court that was not served due  to
13    the accumulation of good conduct credit.
14        (d)  If  a  lawsuit is filed by a prisoner in an Illinois
15    or  federal  court  against  the  State,  the  Department  of
16    Corrections, or the Prisoner Review Board, or against any  of
17    their  officers  or employees, and the court makes a specific
18    finding that a pleading, motion, or other paper filed by  the
19    prisoner  is  frivolous,  the Department of Corrections shall
20    conduct a hearing to revoke up to 180 days  of  good  conduct
21    credit  by bringing charges against the prisoner sought to be
22    deprived of the good  conduct  credits  before  the  Prisoner
23    Review  Board  as  provided in subparagraph (a)(8) of Section
24    3-3-2 of this Code. If the prisoner has not  accumulated  180
25    days  of good conduct credit at the time of the finding, then
26    the Prisoner Review Board may revoke all good conduct  credit
27    accumulated by the prisoner.
28        For purposes of this subsection (d):
29             (1)  "Frivolous"  means  that a pleading, motion, or
30        other filing which purports to be a legal document  filed
31        by  a  prisoner in his or her lawsuit meets any or all of
32        the following criteria:
33                  (A)  it lacks an arguable basis either  in  law
34             or in fact;
 
SB509 Enrolled              -17-               LRB9104252KSgc
 1                  (B)  it  is  being  presented  for any improper
 2             purpose, such as to harass or to  cause  unnecessary
 3             delay   or   needless   increase   in  the  cost  of
 4             litigation;
 5                  (C)  the  claims,  defenses,  and  other  legal
 6             contentions therein are not  warranted  by  existing
 7             law or by a nonfrivolous argument for the extension,
 8             modification,  or  reversal  of  existing law or the
 9             establishment of new law;
10                  (D)  the   allegations   and   other    factual
11             contentions  do  not have evidentiary support or, if
12             specifically so identified, are not likely  to  have
13             evidentiary  support  after a reasonable opportunity
14             for further investigation or discovery; or
15                  (E)  the denials of factual contentions are not
16             warranted on the evidence,  or  if  specifically  so
17             identified,  are  not  reasonably based on a lack of
18             information or belief.
19             (2)  "Lawsuit" means a petition for  post-conviction
20        relief   under  Article  122  of  the  Code  of  Criminal
21        Procedure of 1963, a motion pursuant to Section 116-3  of
22        the  Code  of Criminal Procedure of 1963, a habeas corpus
23        action under Article X of the Code of Civil Procedure  or
24        under  federal law (28 U.S.C. 2254), a petition for claim
25        under the Court of Claims Act  or  an  action  under  the
26        federal Civil Rights Act (42 U.S.C. 1983).
27        (e)  Nothing  in  this amendatory Act of 1998 affects the
28    validity of Public Act 89-404.  and other than the offense of
29    reckless homicide as defined in subsection (e) of Section 9-3
30    of the Criminal Code  of  1961  committed  on  or  after  the
31    effective  date  of  this  amendatory Act of 1998, (2.3)  The
32    rules and regulations on early release shall provide  that  a
33    prisoner  who  is  serving  sentence for reckless homicide as
34    defined in subsection (e) of Section 9-3 of the Criminal Code
 
SB509 Enrolled              -18-               LRB9104252KSgc
 1    of 1961 committed on or after  the  effective  date  of  this
 2    amendatory Act of 1998 shall receive no more than 4.5 days of
 3    good  conduct credit for each month of his or her sentence of
 4    imprisonment.: (i) or (ii) reckless homicide  as  defined  in
 5    subsection  (e)  of  Section 9-3 of the Criminal Code of 1961
 6    when the offense is committed on or after the effective  date
 7    of  this  amendatory  Act of 1998 or if convicted of reckless
 8    homicide as defined in subsection (e) of Section 9-3  of  the
 9    Criminal Code of 1961 if the offense is committed on or after
10    the effective date of this amendatory Act of 1998,
11    (Source: P.A.  90-592,  eff.  6-19-98;  90-593, eff. 6-19-98;
12    90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 11-25-98.)

13        Section 99.  Effective date.  This Act takes effect  upon
14    becoming law.

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