[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 002 ] |
91_SB0509eng SB509 Engrossed 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 SB509 Engrossed -2- LRB9104252KSgc 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 SB509 Engrossed -3- LRB9104252KSgc 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 12felony 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 SB509 Engrossed -4- LRB9104252KSgc 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 SB509 Engrossed -5- LRB9104252KSgc 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 Engrossed -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 Engrossed -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,or23 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 Engrossed -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 SB509 Engrossed -9- LRB9104252KSgc 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. SB509 Engrossed -10- LRB9104252KSgc 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, 1998the effective date of this amendatory16Act 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 SB509 Engrossed -11- LRB9104252KSgc 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 14the 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. SB509 Engrossed -12- LRB9104252KSgc 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 SB509 Engrossed -13- LRB9104252KSgc 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 8the 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 26the 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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 of29reckless homicide as defined in subsection (e) of Section 9-330of the Criminal Code of 1961 committed on or after the31effective date of this amendatory Act of 1998, (2.3) The32rules and regulations on early release shall provide that a33prisoner who is serving sentence for reckless homicide as34defined in subsection (e) of Section 9-3 of the Criminal CodeSB509 Engrossed -18- LRB9104252KSgc 1of 1961 committed on or after the effective date of this2amendatory Act of 1998 shall receive no more than 4.5 days of3good conduct credit for each month of his or her sentence of4imprisonment.: (i) or (ii) reckless homicide as defined in5subsection (e) of Section 9-3 of the Criminal Code of 19616when the offense is committed on or after the effective date7of this amendatory Act of 1998 or if convicted of reckless8homicide as defined in subsection (e) of Section 9-3 of the9Criminal Code of 1961 if the offense is committed on or after10the 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.