Sen. Antonio Muñoz
Filed: 3/3/2017
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1 | AMENDMENT TO SENATE BILL 1722
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2 | AMENDMENT NO. ______. Amend Senate Bill 1722 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as the Safe
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5 | Neighborhoods Reform Act. | ||||||
6 | Section 5. The Criminal Identification Act is amended by | ||||||
7 | changing Section 2.1 as follows:
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8 | (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
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9 | Sec. 2.1. For the purpose of maintaining complete and | ||||||
10 | accurate
criminal records of the Department of State Police, it | ||||||
11 | is necessary for all
policing bodies of this State, the clerk | ||||||
12 | of the circuit court, the Illinois
Department of Corrections, | ||||||
13 | the sheriff of each county, and State's Attorney
of each county | ||||||
14 | to submit certain criminal arrest, charge, and disposition
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15 | information to the Department for filing at the earliest time |
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1 | possible.
Unless otherwise noted herein, it shall be the duty | ||||||
2 | of all policing bodies
of this State, the clerk of the circuit | ||||||
3 | court, the Illinois Department of
Corrections, the sheriff of | ||||||
4 | each county, and the State's Attorney of each
county to report | ||||||
5 | such information as provided in this Section, both in the
form | ||||||
6 | and manner required by the Department and within 30 days of the
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7 | criminal history event. Specifically:
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8 | (a) Arrest Information. All agencies making arrests for | ||||||
9 | offenses which
are required by statute to be collected, | ||||||
10 | maintained or disseminated by the
Department of State Police | ||||||
11 | shall be responsible
for furnishing daily to the Department | ||||||
12 | fingerprints, charges and
descriptions of all persons who are | ||||||
13 | arrested for such offenses. All such
agencies shall also notify | ||||||
14 | the Department of all decisions by the arresting
agency not to | ||||||
15 | refer
such arrests for prosecution. With approval of the | ||||||
16 | Department, an agency
making such arrests may enter into
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17 | arrangements with other agencies for the purpose of furnishing | ||||||
18 | daily such
fingerprints, charges and descriptions to the | ||||||
19 | Department upon its behalf.
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20 | (b) Charge Information. The State's Attorney of each county | ||||||
21 | shall notify
the Department of all charges filed and all | ||||||
22 | petitions filed alleging that a
minor is delinquent, including | ||||||
23 | all those added subsequent
to the filing of a case, and whether | ||||||
24 | charges were not filed
in cases for which the Department has | ||||||
25 | received information
required to be reported pursuant to | ||||||
26 | paragraph (a) of this Section.
With approval of the Department, |
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1 | the State's Attorney may enter into
arrangements with other | ||||||
2 | agencies for the
purpose of furnishing the information required | ||||||
3 | by this subsection (b) to the
Department upon the State's | ||||||
4 | Attorney's behalf.
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5 | (c) Disposition Information. The clerk of the circuit court | ||||||
6 | of each county
shall furnish the Department, in the form and | ||||||
7 | manner required by the Supreme
Court, with all final | ||||||
8 | dispositions of cases for which the Department
has received | ||||||
9 | information required to be reported pursuant to paragraph (a)
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10 | or (d) of this Section. Such information shall include, for | ||||||
11 | each charge,
all (1) judgments of not guilty, judgments of | ||||||
12 | guilty including the sentence
pronounced by the court with | ||||||
13 | statutory citations to the relevant sentencing provision ,
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14 | findings that a minor is delinquent
and any sentence made based | ||||||
15 | on those findings,
discharges and dismissals in the court; (2)
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16 | reviewing court orders filed with the clerk of the circuit | ||||||
17 | court which
reverse or remand a reported conviction
or findings | ||||||
18 | that a minor is delinquent
or that vacate or modify a sentence
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19 | or sentence made following a trial that a minor is
delinquent;
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20 | (3)
continuances to a date certain in furtherance of an order | ||||||
21 | of supervision
granted under Section 5-6-1 of the Unified Code | ||||||
22 | of Corrections or an order
of probation granted under Section | ||||||
23 | 10 of the Cannabis Control Act, Section
410 of the Illinois | ||||||
24 | Controlled Substances Act, Section 70 of the Methamphetamine | ||||||
25 | Control and Community Protection Act, Section 12-4.3 or | ||||||
26 | subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of |
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1 | 1961 or the Criminal Code of 2012, Section 10-102 of the | ||||||
2 | Illinois Alcoholism and
Other Drug Dependency Act, Section | ||||||
3 | 40-10 of the Alcoholism and Other Drug
Abuse and Dependency | ||||||
4 | Act, Section 10 of the Steroid Control Act, or
Section 5-615 of | ||||||
5 | the Juvenile Court Act of 1987; and
(4) judgments or court | ||||||
6 | orders terminating or revoking a sentence
to or juvenile | ||||||
7 | disposition of probation, supervision or conditional
discharge | ||||||
8 | and any resentencing
or new court orders entered by a juvenile | ||||||
9 | court relating to the disposition
of a minor's case involving | ||||||
10 | delinquency
after such revocation.
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11 | (d) Fingerprints After Sentencing.
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12 | (1) After the court pronounces sentence,
sentences a | ||||||
13 | minor following a trial in which a minor was found to be
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14 | delinquent
or issues an order of supervision or an order of | ||||||
15 | probation granted under
Section 10 of the Cannabis Control | ||||||
16 | Act, Section 410 of the Illinois
Controlled Substances Act, | ||||||
17 | Section 70 of the Methamphetamine Control and Community | ||||||
18 | Protection Act, Section 12-4.3 or subdivision (b)(1) of | ||||||
19 | Section 12-3.05 of the Criminal Code of
1961 or the | ||||||
20 | Criminal Code of 2012, Section 10-102 of the Illinois | ||||||
21 | Alcoholism and Other Drug Dependency
Act, Section 40-10 of | ||||||
22 | the Alcoholism and Other Drug Abuse and Dependency
Act, | ||||||
23 | Section 10 of the Steroid Control Act, or Section
5-615 of
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24 | the Juvenile Court Act of 1987 for any offense which
is | ||||||
25 | required by statute to be collected,
maintained, or | ||||||
26 | disseminated by the Department of State Police, the State's
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1 | Attorney of each county shall ask the court to order a law | ||||||
2 | enforcement
agency to fingerprint immediately all persons | ||||||
3 | appearing before the court
who have not previously been | ||||||
4 | fingerprinted for the same case. The court
shall so order | ||||||
5 | the requested fingerprinting, if it determines that any | ||||||
6 | such
person has not previously been fingerprinted for the | ||||||
7 | same case. The law
enforcement agency shall submit such | ||||||
8 | fingerprints to the Department daily.
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9 | (2) After the court pronounces sentence or makes a | ||||||
10 | disposition of a case
following a finding of delinquency | ||||||
11 | for any offense which is not
required by statute to be | ||||||
12 | collected, maintained, or disseminated by the
Department | ||||||
13 | of State Police, the prosecuting attorney may ask the court | ||||||
14 | to
order a law enforcement agency to fingerprint | ||||||
15 | immediately all persons
appearing before the court who have | ||||||
16 | not previously been fingerprinted for
the same case. The | ||||||
17 | court may so order the requested fingerprinting, if it
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18 | determines that any so sentenced person has not previously | ||||||
19 | been
fingerprinted for the same case. The law enforcement | ||||||
20 | agency may retain
such fingerprints in its files.
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21 | (e) Corrections Information. The Illinois Department of | ||||||
22 | Corrections and
the sheriff of each county shall furnish the | ||||||
23 | Department with all information
concerning the receipt, | ||||||
24 | escape, execution, death, release, pardon, parole,
commutation | ||||||
25 | of sentence, granting of executive clemency or discharge of
an | ||||||
26 | individual who has been sentenced or committed to the agency's |
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1 | custody
for any offenses
which are mandated by statute to be | ||||||
2 | collected, maintained or disseminated
by the Department of | ||||||
3 | State Police. For an individual who has been charged
with any | ||||||
4 | such offense and who escapes from custody or dies while in
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5 | custody, all information concerning the receipt and escape or | ||||||
6 | death,
whichever is appropriate, shall also be so furnished to | ||||||
7 | the Department.
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8 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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9 | Section 10. The Clerks of Courts Act is amended by changing | ||||||
10 | Section 14 as follows:
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11 | (705 ILCS 105/14) (from Ch. 25, par. 14)
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12 | Sec. 14.
The clerks shall enter of record all judgments and | ||||||
13 | orders of
their respective courts, as soon after the rendition | ||||||
14 | or making thereof
as practicable.
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15 | Immediately after a judgment of dissolution of marriage or | ||||||
16 | declaration
of invalidity of marriage is
granted in this State, | ||||||
17 | the clerk of the court which granted the judgment
of | ||||||
18 | dissolution of marriage or declaration of invalidity of | ||||||
19 | marriage shall
complete and sign the form
furnished by the | ||||||
20 | Department of Public Health, and forward such form to
the | ||||||
21 | Department of Public Health within 45 days after the close of | ||||||
22 | the
month in which the judgment is rendered. | ||||||
23 | The clerk of the circuit court of each county shall, on a | ||||||
24 | monthly basis, provide electronic copies of sentencing orders |
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1 | of persons sentenced under Section 5-4.5-110 of the Unified | ||||||
2 | Code of Corrections to the Sentencing Policy Advisory Council | ||||||
3 | for the purposes of analysis and reporting.
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4 | (Source: P.A. 83-346.)
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5 | Section 15. The Criminal Code of 2012 is amended by | ||||||
6 | changing Sections 19-1, 24-1.1, and 24-1.6 as follows:
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7 | (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
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8 | Sec. 19-1. Burglary.
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9 | (a) A person commits burglary when without authority he or | ||||||
10 | she knowingly enters
or without authority remains within a | ||||||
11 | building, housetrailer, watercraft,
aircraft, motor vehicle, | ||||||
12 | railroad
car, or any part thereof, with intent to commit | ||||||
13 | therein a felony or theft.
This offense shall not include the | ||||||
14 | offenses set out in Section 4-102 of the
Illinois Vehicle Code.
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15 | (b) Sentence.
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16 | Burglary committed in, and without causing damage to, a | ||||||
17 | watercraft, aircraft, motor vehicle, railroad car, or any part | ||||||
18 | thereof is a Class 3 felony. Burglary committed in a building, | ||||||
19 | housetrailer, or any part thereof or while causing damage to a | ||||||
20 | watercraft, aircraft, motor vehicle, railroad car, or any part | ||||||
21 | thereof is a Class 2 felony. A burglary committed in a school, | ||||||
22 | day care center, day care home, group day care home, or part | ||||||
23 | day child care facility, or place of
worship is a
Class 1 | ||||||
24 | felony, except that this provision does not apply to a day care |
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1 | center, day care home, group day care home, or part day child | ||||||
2 | care facility operated in a private residence used as a | ||||||
3 | dwelling.
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4 | (c) Regarding penalties prescribed in subsection
(b) for | ||||||
5 | violations committed in a day care center, day care home, group | ||||||
6 | day care home, or part day child care facility, the time of | ||||||
7 | day, time of year, and whether children under 18 years of age | ||||||
8 | were present in the day care center, day care home, group day | ||||||
9 | care home, or part day child care facility are irrelevant. | ||||||
10 | (Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
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11 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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12 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
13 | Felons or
Persons in the Custody of the
Department of | ||||||
14 | Corrections Facilities. | ||||||
15 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
16 | about his person or on his land or
in his own abode or fixed | ||||||
17 | place of business any weapon prohibited under
Section 24-1 of | ||||||
18 | this Act or any firearm or any firearm ammunition if the
person | ||||||
19 | has been convicted of a felony under the laws of this State or | ||||||
20 | any
other jurisdiction. This Section shall not apply if the | ||||||
21 | person has been
granted relief by the Director of the | ||||||
22 | Department of State Police
under Section 10 of the Firearm | ||||||
23 | Owners Identification
Card Act.
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24 | (b) It is unlawful for any person confined in a penal | ||||||
25 | institution,
which is a facility of the Illinois Department of |
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1 | Corrections, to possess
any weapon prohibited under Section | ||||||
2 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
3 | regardless of the intent with which he possesses it.
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4 | (c) It shall be an affirmative defense to a violation of | ||||||
5 | subsection (b), that such possession was specifically | ||||||
6 | authorized by rule,
regulation, or directive of the Illinois | ||||||
7 | Department of Corrections or order
issued pursuant thereto.
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8 | (d) The defense of necessity is not available to a person | ||||||
9 | who is charged
with a violation of subsection (b) of this | ||||||
10 | Section.
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11 | (e) Sentence. Violation of this Section by a person not | ||||||
12 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
13 | which the person shall be sentenced to no less than 2 years and | ||||||
14 | no
more than 10 years . A and any second or subsequent violation | ||||||
15 | of this Section shall be a Class 2 felony for which the person | ||||||
16 | shall be sentenced to a term of imprisonment of not less than 3 | ||||||
17 | years and not more than 14 years , except as provided for in | ||||||
18 | Section 5-4.5-110 of the Unified Code of Corrections . Violation | ||||||
19 | of this Section by a person not confined in a
penal institution | ||||||
20 | who has been convicted of a forcible felony, a felony
violation | ||||||
21 | of Article 24 of this Code or of the Firearm Owners | ||||||
22 | Identification
Card Act, stalking or aggravated stalking, or a | ||||||
23 | Class 2 or greater felony
under the Illinois Controlled | ||||||
24 | Substances Act, the Cannabis Control Act, or the | ||||||
25 | Methamphetamine Control and Community Protection Act is a
Class | ||||||
26 | 2 felony for which the person
shall be sentenced to not less |
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1 | than 3 years and not more than 14 years , except as provided for | ||||||
2 | in Section 5-4.5-110 of the Unified Code of Corrections .
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3 | Violation of this Section by a person who is on parole or | ||||||
4 | mandatory supervised
release is a Class 2 felony for which the | ||||||
5 | person shall be sentenced to not less than 3 years and not more | ||||||
6 | than 14
years , except as provided for in Section 5-4.5-110 of | ||||||
7 | the Unified Code of Corrections . Violation of this Section by a | ||||||
8 | person not confined in a penal
institution is a Class X felony | ||||||
9 | when the firearm possessed is a machine gun.
Any person who | ||||||
10 | violates this Section while confined in a penal
institution, | ||||||
11 | which is a facility of the Illinois Department of
Corrections, | ||||||
12 | is guilty of a Class 1
felony, if he possesses any weapon | ||||||
13 | prohibited under Section 24-1 of this
Code regardless of the | ||||||
14 | intent with which he possesses it, a Class X
felony if he | ||||||
15 | possesses any firearm, firearm ammunition or explosive, and a
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16 | Class X felony for which the offender shall be sentenced to not | ||||||
17 | less than 12
years and not more than 50 years when the firearm | ||||||
18 | possessed is a machine
gun. A violation of this Section while | ||||||
19 | wearing or in possession of body armor as defined in Section | ||||||
20 | 33F-1 is a Class X felony punishable by a term of imprisonment | ||||||
21 | of not less than 10 years and not more than 40 years.
The | ||||||
22 | possession of each firearm or firearm ammunition in violation | ||||||
23 | of this Section constitutes a single and separate violation.
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24 | (Source: P.A. 97-237, eff. 1-1-12.)
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25 | (720 ILCS 5/24-1.6) |
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1 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
2 | (a) A person commits the offense of aggravated unlawful use | ||||||
3 | of a weapon when
he or she knowingly: | ||||||
4 | (1) Carries on or about his or her person or in any | ||||||
5 | vehicle or concealed
on or about his or her person except | ||||||
6 | when on his or her land or in his or her
abode, legal | ||||||
7 | dwelling, or fixed place of business, or on the land or in | ||||||
8 | the legal dwelling of another person as an invitee with | ||||||
9 | that person's permission, any pistol, revolver, stun gun or | ||||||
10 | taser or
other firearm; or | ||||||
11 | (2) Carries or possesses on or about his or her person, | ||||||
12 | upon any public
street, alley, or other public lands within | ||||||
13 | the corporate limits of a city,
village or incorporated | ||||||
14 | town, except when an invitee thereon or therein, for
the | ||||||
15 | purpose of the display of such weapon or the lawful | ||||||
16 | commerce in weapons, or
except when on his or her own land | ||||||
17 | or in his or her own abode, legal dwelling, or fixed place | ||||||
18 | of
business, or on the land or in the legal dwelling of | ||||||
19 | another person as an invitee with that person's permission, | ||||||
20 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
21 | and | ||||||
22 | (3) One of the following factors is present: | ||||||
23 | (A) the firearm, other than a pistol, revolver, or | ||||||
24 | handgun, possessed was uncased, loaded, and | ||||||
25 | immediately accessible
at the time of the offense; or | ||||||
26 | (A-5) the pistol, revolver, or handgun possessed |
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1 | was uncased, loaded, and immediately accessible
at the | ||||||
2 | time of the offense and the person possessing the | ||||||
3 | pistol, revolver, or handgun has not been issued a | ||||||
4 | currently valid license under the Firearm Concealed | ||||||
5 | Carry Act; or | ||||||
6 | (B) the firearm, other than a pistol, revolver, or | ||||||
7 | handgun, possessed was uncased, unloaded, and the | ||||||
8 | ammunition for
the weapon was immediately accessible | ||||||
9 | at the time of the offense; or | ||||||
10 | (B-5) the pistol, revolver, or handgun possessed | ||||||
11 | was uncased, unloaded, and the ammunition for
the | ||||||
12 | weapon was immediately accessible at the time of the | ||||||
13 | offense and the person possessing the pistol, | ||||||
14 | revolver, or handgun has not been issued a currently | ||||||
15 | valid license under the Firearm Concealed Carry Act; or | ||||||
16 | (C) the person possessing the firearm has not been | ||||||
17 | issued a currently
valid Firearm Owner's | ||||||
18 | Identification Card; or | ||||||
19 | (D) the person possessing the weapon was | ||||||
20 | previously adjudicated
a delinquent minor under the | ||||||
21 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
22 | by an adult would be a felony; or | ||||||
23 | (E) the person possessing the weapon was engaged in | ||||||
24 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
25 | a misdemeanor violation of the Illinois Controlled | ||||||
26 | Substances
Act, or in a misdemeanor violation of the |
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1 | Methamphetamine Control and Community Protection Act; | ||||||
2 | or | ||||||
3 | (F) (blank); or | ||||||
4 | (G) the person possessing the weapon had an a order | ||||||
5 | of protection issued
against him or her within the | ||||||
6 | previous 2 years; or | ||||||
7 | (H) the person possessing the weapon was engaged in | ||||||
8 | the commission or
attempted commission of
a | ||||||
9 | misdemeanor involving the use or threat of violence | ||||||
10 | against
the person or property of another; or | ||||||
11 | (I) the person possessing the weapon was under 21 | ||||||
12 | years of age and in
possession of a handgun, unless the | ||||||
13 | person under 21
is engaged in lawful activities under | ||||||
14 | the Wildlife Code or described in
subsection | ||||||
15 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
16 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
17 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
18 | (b) "Stun gun or taser" as used in this Section has the | ||||||
19 | same definition
given to it in Section 24-1 of this Code. | ||||||
20 | (c) This Section does not apply to or affect the | ||||||
21 | transportation or
possession
of weapons that: | ||||||
22 | (i) are broken down in a non-functioning state; or | ||||||
23 | (ii) are not immediately accessible; or | ||||||
24 | (iii) are unloaded and enclosed in a case, firearm | ||||||
25 | carrying box,
shipping box, or other container by a person | ||||||
26 | who has been issued a currently
valid Firearm Owner's
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1 | Identification Card. | ||||||
2 | (d) Sentence. | ||||||
3 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
4 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
5 | for which the person shall be sentenced to a term of | ||||||
6 | imprisonment of not less than 3 years and not more than 7 | ||||||
7 | years , except as provided for in Section 5-4.5-110 of the | ||||||
8 | Unified Code of Corrections . | ||||||
9 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
10 | (4) of this subsection (d), a first offense of aggravated | ||||||
11 | unlawful use of a weapon committed with a firearm by a | ||||||
12 | person 18 years of age or older where the factors listed in | ||||||
13 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
14 | paragraph (3) of subsection (a) are present is a Class 4 | ||||||
15 | felony, for which the person shall be sentenced to a term | ||||||
16 | of imprisonment of not less than one year and not more than | ||||||
17 | 3 years. | ||||||
18 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
19 | has been previously
convicted of a felony in this State or | ||||||
20 | another jurisdiction is a Class 2
felony for which the | ||||||
21 | person shall be sentenced to a term of imprisonment of not | ||||||
22 | less than 3 years and not more than 7 years , except as | ||||||
23 | provided for in Section 5-4.5-110 of the Unified Code of | ||||||
24 | Corrections . | ||||||
25 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
26 | or in possession of body armor as defined in Section 33F-1 |
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1 | by a person who has not been issued a valid Firearms | ||||||
2 | Owner's Identification Card in accordance with Section 5 of | ||||||
3 | the Firearm Owners Identification Card Act is a Class X | ||||||
4 | felony.
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5 | (e) The possession of each firearm in violation of this | ||||||
6 | Section constitutes a single and separate violation. | ||||||
7 | (Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.) | ||||||
8 | Section 20. The Cannabis Control Act is amended by changing | ||||||
9 | Sections 5.2 and 10 as follows:
| ||||||
10 | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
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11 | Sec. 5.2. Delivery of cannabis on school grounds.
| ||||||
12 | (a) Any person who violates subsection (e) of Section 5 in | ||||||
13 | any school,
on the real property comprising any school, or any | ||||||
14 | conveyance owned, leased
or contracted by a school to transport | ||||||
15 | students to or from school or a
school related activity, or on | ||||||
16 | any public way within
500 1,000 feet of the real property | ||||||
17 | comprising any school, or in any conveyance
owned, leased or | ||||||
18 | contracted by a school to transport students to or from
school | ||||||
19 | or a school related activity, and at the time of the violation | ||||||
20 | persons under the age of 18 are present, the offense is | ||||||
21 | committed during school hours, or the offense is committed at | ||||||
22 | times when persons under the age of 18 are reasonably expected | ||||||
23 | to be present in the school, in the conveyance, on the real | ||||||
24 | property, or on the public way, such as when after-school |
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| |||||||
1 | activities are occurring, is guilty of a Class
1 felony, the | ||||||
2 | fine for which shall not exceed $200,000;
| ||||||
3 | (b) Any person who violates subsection (d) of Section 5 in | ||||||
4 | any school,
on the real property comprising any school, or any | ||||||
5 | conveyance owned, leased
or contracted by a school to transport | ||||||
6 | students to or from school or a
school related activity, or on | ||||||
7 | any public way within 500 1,000 feet of the real
property | ||||||
8 | comprising any school, or in any conveyance owned, leased or
| ||||||
9 | contracted by a school to transport students to or from school | ||||||
10 | or a school
related activity, and at the time of the violation | ||||||
11 | persons under the age of 18 are present, the offense is | ||||||
12 | committed during school hours, or the offense is committed at | ||||||
13 | times when persons under the age of 18 are reasonably expected | ||||||
14 | to be present in the school, in the conveyance, on the real | ||||||
15 | property, or on the public way, such as when after-school | ||||||
16 | activities are occurring, is guilty of a Class 2 felony, the | ||||||
17 | fine for which shall
not exceed $100,000;
| ||||||
18 | (c) Any person who violates subsection (c) of Section 5 in | ||||||
19 | any school,
on the real property comprising any school, or any | ||||||
20 | conveyance owned, leased
or contracted by a school to transport | ||||||
21 | students to or from school or a
school related activity, or on | ||||||
22 | any public way within 500 1,000 feet of the real
property | ||||||
23 | comprising any school, or in any conveyance owned, leased or
| ||||||
24 | contracted by a school to transport students to or from school | ||||||
25 | or a school
related activity, and at the time of the violation | ||||||
26 | persons under the age of 18 are present, the offense is |
| |||||||
| |||||||
1 | committed during school hours, or the offense is committed at | ||||||
2 | times when persons under the age of 18 are reasonably expected | ||||||
3 | to be present in the school, in the conveyance, on the real | ||||||
4 | property, or on the public way, such as when after-school | ||||||
5 | activities are occurring, is guilty of a Class 3 felony, the | ||||||
6 | fine for which shall
not exceed $50,000;
| ||||||
7 | (d) Any person who violates subsection (b) of Section 5 in | ||||||
8 | any school,
on the real property comprising any school, or any | ||||||
9 | conveyance owned, leased
or contracted by a school to transport | ||||||
10 | students to or from school or a
school related activity, or on | ||||||
11 | any public way within 500 1,000 feet of the real
property | ||||||
12 | comprising any school, or in any conveyance owned, leased or
| ||||||
13 | contracted by a school to transport students to or from school | ||||||
14 | or a school
related activity, and at the time of the violation | ||||||
15 | persons under the age of 18 are present, the offense is | ||||||
16 | committed during school hours, or the offense is committed at | ||||||
17 | times when persons under the age of 18 are reasonably expected | ||||||
18 | to be present in the school, in the conveyance, on the real | ||||||
19 | property, or on the public way, such as when after-school | ||||||
20 | activities are occurring, is guilty of a Class 4 felony, the | ||||||
21 | fine for which shall
not exceed $25,000;
| ||||||
22 | (e) Any person who violates subsection (a) of Section 5 in | ||||||
23 | any school,
on the real property comprising any school, or in | ||||||
24 | any conveyance owned, leased
or contracted by a school to | ||||||
25 | transport students to or from school or a
school related | ||||||
26 | activity, on any public way within 500 1,000 feet of the real
|
| |||||||
| |||||||
1 | property comprising any school, or any conveyance owned, leased | ||||||
2 | or
contracted by a school to transport students to or from | ||||||
3 | school or a school
related activity, and at the time of the | ||||||
4 | violation persons under the age of 18 are present, the offense | ||||||
5 | is committed during school hours, or the offense is committed | ||||||
6 | at times when persons under the age of 18 are reasonably | ||||||
7 | expected to be present in the school, in the conveyance, on the | ||||||
8 | real property, or on the public way, such as when after-school | ||||||
9 | activities are occurring, is guilty of a Class A misdemeanor.
| ||||||
10 | (Source: P.A. 87-544.)
| ||||||
11 | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| ||||||
12 | Sec. 10. (a)
Whenever any person who has not previously | ||||||
13 | been convicted of , or placed
on probation or court supervision | ||||||
14 | for, any felony offense under this Act or any
law of the United | ||||||
15 | States or of any State relating to cannabis, or controlled
| ||||||
16 | substances as defined in the Illinois Controlled Substances | ||||||
17 | Act, pleads
guilty to or is found guilty of violating Sections | ||||||
18 | 4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court | ||||||
19 | may, without entering a
judgment and with the consent of such | ||||||
20 | person, sentence him to probation.
| ||||||
21 | (b) When a person is placed on probation, the court shall | ||||||
22 | enter an order
specifying a period of probation of 24 months, | ||||||
23 | and shall defer further
proceedings in
the case until the | ||||||
24 | conclusion of the period or until the filing of a petition
| ||||||
25 | alleging violation of a term or condition of probation.
|
| |||||||
| |||||||
1 | (c) The conditions of probation shall be that the person: | ||||||
2 | (1) not violate
any criminal statute of any jurisdiction; (2) | ||||||
3 | refrain from possession of a
firearm
or other dangerous weapon; | ||||||
4 | (3) submit to periodic drug testing at a time and in
a manner | ||||||
5 | as ordered by the court, but no less than 3 times during the | ||||||
6 | period of
the probation, with the cost of the testing to be | ||||||
7 | paid by the probationer; and
(4) perform no less than 30 hours | ||||||
8 | of community service, provided community
service is available | ||||||
9 | in the jurisdiction and is funded and approved by the
county | ||||||
10 | board.
| ||||||
11 | (d) The court may, in addition to other conditions, require
| ||||||
12 | that the person:
| ||||||
13 | (1) make a report to and appear in person before or | ||||||
14 | participate with the
court or such courts, person, or | ||||||
15 | social service agency as directed by the
court in the order | ||||||
16 | of probation;
| ||||||
17 | (2) pay a fine and costs;
| ||||||
18 | (3) work or pursue a course of study or vocational | ||||||
19 | training;
| ||||||
20 | (4) undergo medical or psychiatric treatment; or | ||||||
21 | treatment for drug
addiction or alcoholism;
| ||||||
22 | (5) attend or reside in a facility established for the | ||||||
23 | instruction or
residence of defendants on probation;
| ||||||
24 | (6) support his dependents;
| ||||||
25 | (7) refrain from possessing a firearm or other | ||||||
26 | dangerous weapon;
|
| |||||||
| |||||||
1 | (7-5) refrain from having in his or her body the | ||||||
2 | presence of any illicit
drug prohibited by the Cannabis | ||||||
3 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
4 | Methamphetamine Control and Community Protection Act, | ||||||
5 | unless prescribed by a physician, and submit samples of
his | ||||||
6 | or her blood or urine or both for tests to determine the | ||||||
7 | presence of any
illicit drug;
| ||||||
8 | (8) and in addition, if a minor:
| ||||||
9 | (i) reside with his parents or in a foster home;
| ||||||
10 | (ii) attend school;
| ||||||
11 | (iii) attend a non-residential program for youth;
| ||||||
12 | (iv) contribute to his own support at home or in a | ||||||
13 | foster home.
| ||||||
14 | (e) Upon violation of a term or condition of probation, the
| ||||||
15 | court
may enter a judgment on its original finding of guilt and | ||||||
16 | proceed as otherwise
provided.
| ||||||
17 | (f) Upon fulfillment of the terms and
conditions of | ||||||
18 | probation, the court shall discharge such person and dismiss
| ||||||
19 | the proceedings against him.
| ||||||
20 | (g) A disposition of probation is considered to be a | ||||||
21 | conviction
for the purposes of imposing the conditions of | ||||||
22 | probation and for appeal,
however, discharge and dismissal | ||||||
23 | under this Section is not a conviction for
purposes of | ||||||
24 | disqualification or disabilities imposed by law upon | ||||||
25 | conviction of
a crime (including the additional penalty imposed | ||||||
26 | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) |
| |||||||
| |||||||
1 | of this Act).
| ||||||
2 | (h) A person may not have more than one discharge Discharge | ||||||
3 | and dismissal under this Section within a 4-year period ,
| ||||||
4 | Section 410 of the Illinois Controlled Substances Act, Section | ||||||
5 | 70 of the Methamphetamine Control and Community Protection Act, | ||||||
6 | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, | ||||||
7 | or subsection (c) of Section 11-14 of the Criminal Code of 1961 | ||||||
8 | or the Criminal Code of 2012 may occur only once
with respect | ||||||
9 | to any person .
| ||||||
10 | (i) If a person is convicted of an offense under this Act, | ||||||
11 | the Illinois
Controlled Substances Act, or the Methamphetamine | ||||||
12 | Control and Community Protection Act within 5 years
subsequent | ||||||
13 | to a discharge and dismissal under this Section, the discharge | ||||||
14 | and
dismissal under this Section shall be admissible in the | ||||||
15 | sentencing proceeding
for that conviction
as a factor in | ||||||
16 | aggravation.
| ||||||
17 | (j) Notwithstanding subsection (a), before a person is | ||||||
18 | sentenced to probation under this Section, the court may refer | ||||||
19 | the person to the drug court established in that judicial | ||||||
20 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
21 | The drug court team shall evaluate the person's likelihood of | ||||||
22 | successfully completing a sentence of probation under this | ||||||
23 | Section and shall report the results of its evaluation to the | ||||||
24 | court. If the drug court team finds that the person suffers | ||||||
25 | from a substance abuse problem that makes him or her | ||||||
26 | substantially unlikely to successfully complete a sentence of |
| |||||||
| |||||||
1 | probation under this Section, then the drug court shall set | ||||||
2 | forth its findings in the form of a written order, and the | ||||||
3 | person shall not be sentenced to probation under this Section, | ||||||
4 | but shall may be considered for the drug court program. | ||||||
5 | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
| ||||||
6 | Section 25. The Illinois Controlled Substances Act is | ||||||
7 | amended by changing Sections 401, 402, 407, and 410 as follows:
| ||||||
8 | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
| ||||||
9 | Sec. 401. Manufacture or delivery, or possession with | ||||||
10 | intent to
manufacture or deliver, a controlled substance, a | ||||||
11 | counterfeit substance, or controlled substance analog. Except | ||||||
12 | as authorized by this Act, it is unlawful for any
person | ||||||
13 | knowingly to manufacture or deliver, or possess with intent to
| ||||||
14 | manufacture or deliver, a controlled substance other than | ||||||
15 | methamphetamine and other than bath salts as defined in the | ||||||
16 | Bath Salts Prohibition Act sold or offered for sale in a retail | ||||||
17 | mercantile establishment as defined in Section 16-0.1 of the | ||||||
18 | Criminal Code of 2012, a counterfeit substance, or a controlled
| ||||||
19 | substance analog. A violation of this Act with respect to each | ||||||
20 | of the controlled
substances listed herein constitutes a single | ||||||
21 | and separate violation of this
Act. For purposes of this | ||||||
22 | Section, "controlled substance analog" or "analog"
means a | ||||||
23 | substance, other than a controlled substance, that has a | ||||||
24 | chemical structure substantially similar to that of a |
| |||||||
| |||||||
1 | controlled
substance in Schedule I or II, or that was | ||||||
2 | specifically designed to produce
an effect substantially | ||||||
3 | similar to that of a controlled substance in Schedule
I or II. | ||||||
4 | Examples of chemical classes in which controlled substance | ||||||
5 | analogs
are found include, but are not limited to, the | ||||||
6 | following: phenethylamines,
N-substituted piperidines, | ||||||
7 | morphinans, ecgonines, quinazolinones, substituted
indoles, | ||||||
8 | and arylcycloalkylamines. For purposes of this Act, a | ||||||
9 | controlled
substance analog shall be treated in the same manner | ||||||
10 | as the controlled
substance to which it is substantially | ||||||
11 | similar.
| ||||||
12 | (a) Any person who violates this Section with respect to | ||||||
13 | the following
amounts of controlled or counterfeit substances | ||||||
14 | or controlled substance
analogs, notwithstanding any of the | ||||||
15 | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the | ||||||
16 | contrary, is guilty of a Class X felony
and shall be sentenced | ||||||
17 | to a term of imprisonment as provided in this subsection
(a) | ||||||
18 | and fined as provided in subsection (b):
| ||||||
19 | (1) (A) not less than 6 years and not more than 30 | ||||||
20 | years with respect
to 15 grams or more but less than | ||||||
21 | 400 100 grams of a substance containing
heroin, or an | ||||||
22 | analog thereof;
| ||||||
23 | (B) not less than 6 9 years and not more than 40 | ||||||
24 | years with respect to 400 100
grams or more but less | ||||||
25 | than 900 400 grams of a substance containing heroin, or
| ||||||
26 | an analog thereof;
|
| |||||||
| |||||||
1 | (C) not less than 6 12 years and not more than 50 | ||||||
2 | years with respect to 900
400 grams or more but less | ||||||
3 | than 900 grams of a substance containing heroin,
or an | ||||||
4 | analog thereof;
| ||||||
5 | (D) (blank); not less than 15 years and not more | ||||||
6 | than 60 years with respect to
900 grams or more of any | ||||||
7 | substance containing heroin, or an analog thereof;
| ||||||
8 | (1.5) (A) not less than 6 years and not more than 30 | ||||||
9 | years with respect to 15 grams or more but less than | ||||||
10 | 400 100 grams of a substance containing fentanyl, or an | ||||||
11 | analog thereof; | ||||||
12 | (B) not less than 6 9 years and not more than 40 | ||||||
13 | years with respect to 400 100 grams or more but less | ||||||
14 | than 900 400 grams of a substance containing fentanyl, | ||||||
15 | or an analog thereof; | ||||||
16 | (C) not less than 6 12 years and not more than 50 | ||||||
17 | years with respect to 900 400 grams or more but less | ||||||
18 | than 900 grams of a substance containing fentanyl, or | ||||||
19 | an analog thereof; | ||||||
20 | (D) (blank); not less than 15 years and not more | ||||||
21 | than 60 years with respect to 900 grams or more of a | ||||||
22 | substance containing fentanyl, or an analog thereof; | ||||||
23 | (2) (A) not less than 6 years and not more than 30 | ||||||
24 | years with respect
to 15 grams or more but less than | ||||||
25 | 400 100 grams of a substance containing
cocaine, or an | ||||||
26 | analog thereof;
|
| |||||||
| |||||||
1 | (B) not less than 6 9 years and not more than 40 | ||||||
2 | years with respect to 400 100
grams or more but less | ||||||
3 | than 900 400 grams of a substance containing cocaine, | ||||||
4 | or
an analog thereof;
| ||||||
5 | (C) not less than 6 12 years and not more than 50 | ||||||
6 | years with respect to
900 400 grams or more but less | ||||||
7 | than 900 grams of a substance containing cocaine,
or an | ||||||
8 | analog thereof;
| ||||||
9 | (D) (blank); not less than 15 years and not more | ||||||
10 | than 60 years with respect to
900 grams or more of any | ||||||
11 | substance containing cocaine, or an analog thereof;
| ||||||
12 | (3) (A) not less than 6 years and not more than 30 | ||||||
13 | years with respect
to 15 grams or more but less than | ||||||
14 | 400 100 grams of a substance containing
morphine, or an | ||||||
15 | analog thereof;
| ||||||
16 | (B) not less than 6 9 years and not more than 40 | ||||||
17 | years with respect to
400 100 grams or more but less | ||||||
18 | than 900 400 grams of a substance containing morphine,
| ||||||
19 | or an analog thereof;
| ||||||
20 | (C) not less than 6 12 years and not more than 50 | ||||||
21 | years with respect to 900
400 grams or more but less | ||||||
22 | than 900 grams of a substance containing
morphine, or | ||||||
23 | an analog thereof;
| ||||||
24 | (D) (blank); not less than 15 years and not more | ||||||
25 | than 60 years with respect to
900 grams or more of a | ||||||
26 | substance containing morphine, or an analog thereof;
|
| |||||||
| |||||||
1 | (4) 200 grams or more of any substance containing | ||||||
2 | peyote, or an
analog thereof;
| ||||||
3 | (5) 200 grams or more of any substance containing a | ||||||
4 | derivative of
barbituric acid or any of the salts of a | ||||||
5 | derivative of barbituric acid, or
an analog thereof;
| ||||||
6 | (6) 200 grams or more of any substance containing | ||||||
7 | amphetamine
or any salt of an optical isomer of | ||||||
8 | amphetamine,
or an analog thereof;
| ||||||
9 | (6.5) (blank);
| ||||||
10 | (6.6) (blank);
| ||||||
11 | (7) (A) not less than 6 years and not more than 30 | ||||||
12 | years with respect
to: (i) 15 grams or more but less | ||||||
13 | than 400 100 grams of a substance containing
lysergic | ||||||
14 | acid diethylamide (LSD), or an analog thereof, or (ii) | ||||||
15 | 15 or
more objects or 15 or more segregated parts of an | ||||||
16 | object or objects but
less than 800 200 objects or 800 | ||||||
17 | 200 segregated parts of an object or objects
containing | ||||||
18 | in them or having upon them any amounts of any | ||||||
19 | substance
containing lysergic acid diethylamide (LSD), | ||||||
20 | or an analog thereof;
| ||||||
21 | (B) not less than 6 9 years and not more than 40 | ||||||
22 | years with respect
to: (i) 400 100 grams or more but | ||||||
23 | less than 900 400 grams of a substance containing
| ||||||
24 | lysergic acid diethylamide (LSD), or an analog | ||||||
25 | thereof, or (ii) 800 200 or more
objects or 800 200 or | ||||||
26 | more segregated parts of an object or objects but less
|
| |||||||
| |||||||
1 | than 2400 600 objects or less than 2400 600 segregated | ||||||
2 | parts of an object or objects
containing in them or | ||||||
3 | having upon them any amount of any substance
containing | ||||||
4 | lysergic acid diethylamide (LSD), or an analog | ||||||
5 | thereof;
| ||||||
6 | (C) not less than 6 12 years and not more than 50 | ||||||
7 | years with respect
to: (i) 900 400 grams or more but | ||||||
8 | less than 900 grams of a substance containing
lysergic | ||||||
9 | acid diethylamide (LSD), or an analog thereof, or (ii) | ||||||
10 | 2400 600 or more
objects or 2400 600 or more segregated | ||||||
11 | parts of an object or objects but less
than 1500 | ||||||
12 | objects or 1500 segregated parts of an object or | ||||||
13 | objects
containing in them or having upon them any | ||||||
14 | amount of any substance
containing lysergic acid | ||||||
15 | diethylamide (LSD), or an analog thereof;
| ||||||
16 | (D) (blank); not less than 15 years and not more | ||||||
17 | than 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 object | ||||||
21 | or objects containing in them or
having upon them any | ||||||
22 | amount of a substance containing lysergic acid
| ||||||
23 | diethylamide (LSD), or an analog thereof;
| ||||||
24 | (7.5) (A) not less than 6 years and not more than 30 | ||||||
25 | years with respect
to:
(i) 15
grams or more but less | ||||||
26 | than 400 100 grams of a substance listed in paragraph |
| |||||||
| |||||||
1 | (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
2 | (20.1), (21), (25), or (26) of subsection
(d) of | ||||||
3 | Section 204, or an analog or derivative thereof, or | ||||||
4 | (ii) 15 or more
pills, tablets, caplets, capsules, or | ||||||
5 | objects but less than 800 200 pills, tablets,
caplets, | ||||||
6 | capsules, or objects containing in them or having upon | ||||||
7 | them any
amounts of any substance listed in paragraph | ||||||
8 | (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), | ||||||
9 | (20.1), (21), (25), or (26) of subsection (d) of | ||||||
10 | Section 204, or
an analog or derivative thereof;
| ||||||
11 | (B) not less than 6 9 years and not more than 40 | ||||||
12 | years with respect to:
(i) 400 100 grams or more but | ||||||
13 | less than 900 400 grams of a substance listed in
| ||||||
14 | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), | ||||||
15 | (20),
(20.1), (21), (25), or (26) of subsection (d) of | ||||||
16 | Section 204, or an analog or
derivative thereof, or | ||||||
17 | (ii) 800 200 or more pills, tablets, caplets, capsules, | ||||||
18 | or
objects but less than 2400 600 pills, tablets, | ||||||
19 | caplets, capsules, or objects
containing in them or | ||||||
20 | having upon them any amount of any substance listed in
| ||||||
21 | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), | ||||||
22 | (20), (20.1), (21), (25), or (26)
of subsection (d) of | ||||||
23 | Section 204, or an analog or derivative thereof;
| ||||||
24 | (C) not less than 6 12 years and not more than 50 | ||||||
25 | years with respect to:
(i) 900 400 grams or more but | ||||||
26 | less than 900 grams of a substance listed in
paragraph |
| |||||||
| |||||||
1 | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
2 | (20.1), (21), (25), or (26)
of subsection (d) of | ||||||
3 | Section 204, or an analog or derivative thereof,
or | ||||||
4 | (ii) 2400 600 or more pills, tablets, caplets, | ||||||
5 | capsules, or objects but less than
1,500 pills, | ||||||
6 | tablets, caplets, capsules, or objects
containing in | ||||||
7 | them or having upon them any amount of any substance | ||||||
8 | listed in
paragraph (1), (2), (2.1), (2.2), (3), | ||||||
9 | (14.1), (19), (20), (20.1), (21), (25), or (26)
of | ||||||
10 | subsection (d) of Section 204, or an analog or | ||||||
11 | derivative thereof;
| ||||||
12 | (D) (blank); not less than 15 years and not more | ||||||
13 | than 60 years with respect to:
(i) 900 grams or more of | ||||||
14 | any substance listed in paragraph (1), (2), (2.1),
| ||||||
15 | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or | ||||||
16 | (26) of subsection (d) of
Section 204, or an analog or | ||||||
17 | derivative thereof, or (ii) 1,500 or more pills,
| ||||||
18 | tablets, caplets, capsules, or objects containing in | ||||||
19 | them or having upon them
any amount
of a substance | ||||||
20 | listed in paragraph (1), (2), (2.1), (2.2), (3), | ||||||
21 | (14.1), (19),
(20), (20.1), (21), (25), or (26)
of | ||||||
22 | subsection (d) of Section 204, or an analog or | ||||||
23 | derivative 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;
|
| |||||||
| |||||||
1 | (9) 30 grams or more of any substance containing | ||||||
2 | methaqualone or any of
the salts, isomers and salts of | ||||||
3 | isomers of methaqualone, or an analog thereof;
| ||||||
4 | (10) 30 grams or more of any substance containing | ||||||
5 | phencyclidine or any
of the salts, isomers and salts of | ||||||
6 | isomers of phencyclidine (PCP),
or an analog thereof;
| ||||||
7 | (10.5) 30 grams or more of any substance containing | ||||||
8 | ketamine
or any of the salts, isomers and salts of isomers | ||||||
9 | of ketamine,
or an analog thereof;
| ||||||
10 | (10.6) 100 grams or more of any substance containing | ||||||
11 | hydrocodone, or any of the salts, isomers and salts of | ||||||
12 | isomers of hydrocodone, or an analog thereof; | ||||||
13 | (10.7) 100 grams or more of any substance containing | ||||||
14 | dihydrocodeinone, or any of the salts, isomers and salts of | ||||||
15 | isomers of dihydrocodeinone, or an analog thereof; | ||||||
16 | (10.8) 100 grams or more of any substance containing | ||||||
17 | dihydrocodeine, or any of the salts, isomers and salts of | ||||||
18 | isomers of dihydrocodeine, or an analog thereof; | ||||||
19 | (10.9) 100 grams or more of any substance containing | ||||||
20 | oxycodone, or any of the salts, isomers and salts of | ||||||
21 | isomers of oxycodone, or an analog thereof; | ||||||
22 | (11) 200 grams or more of any substance containing any | ||||||
23 | other controlled
substance classified in Schedules I or II, | ||||||
24 | or an analog thereof, which is
not otherwise included in | ||||||
25 | this subsection.
| ||||||
26 | (b) Any person sentenced with respect to violations of |
| |||||||
| |||||||
1 | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | ||||||
2 | involving
100 grams or
more of the
controlled substance named | ||||||
3 | therein, may in addition to the penalties
provided therein, be | ||||||
4 | fined an amount not more than $500,000 or the full
street value | ||||||
5 | of the controlled or counterfeit substance or controlled | ||||||
6 | substance
analog, whichever is greater. The term "street value" | ||||||
7 | shall have the
meaning ascribed in Section 110-5 of the Code of | ||||||
8 | Criminal Procedure of
1963. Any person sentenced with respect | ||||||
9 | to any other provision of
subsection (a), may in addition to | ||||||
10 | the penalties provided therein, be fined
an amount not to | ||||||
11 | exceed $500,000. | ||||||
12 | (b-1) Excluding violations of this Act when the controlled | ||||||
13 | substance is fentanyl, any person sentenced to a term of | ||||||
14 | imprisonment with respect to violations of Section 401, 401.1, | ||||||
15 | 405, 405.1, 405.2, or 407, when the substance containing the | ||||||
16 | controlled substance contains any amount of fentanyl, 3 years | ||||||
17 | shall be added to the term of imprisonment imposed by the | ||||||
18 | court, and the maximum sentence for the offense shall be | ||||||
19 | increased by 3 years.
| ||||||
20 | (c) Any person who violates this Section with regard to the
| ||||||
21 | following amounts of controlled or counterfeit substances
or | ||||||
22 | controlled substance analogs, notwithstanding any of the | ||||||
23 | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | ||||||
24 | to the
contrary, is guilty of a Class 1 felony. The fine for | ||||||
25 | violation of this
subsection (c) shall not be more than | ||||||
26 | $250,000:
|
| |||||||
| |||||||
1 | (1) 1 gram or more but less than 15 grams of any
| ||||||
2 | substance containing heroin, or an analog thereof;
| ||||||
3 | (1.5) 1 gram or more but less than 15 grams of any | ||||||
4 | substance containing fentanyl, or an analog thereof; | ||||||
5 | (2) 1 gram or more but less than 15
grams of any | ||||||
6 | substance containing cocaine, or an analog thereof;
| ||||||
7 | (3) 10 grams or more but less than 15 grams of any | ||||||
8 | substance
containing morphine, or an analog thereof;
| ||||||
9 | (4) 50 grams or more but less than 200 grams of any | ||||||
10 | substance
containing peyote, or an analog thereof;
| ||||||
11 | (5) 50 grams or more but less than 200 grams of any | ||||||
12 | substance
containing a derivative of barbituric acid or any | ||||||
13 | of the salts of a
derivative of barbituric acid, or an | ||||||
14 | analog thereof;
| ||||||
15 | (6) 50 grams or more but less than 200 grams of any | ||||||
16 | substance
containing amphetamine or any salt of an optical | ||||||
17 | isomer
of amphetamine, or an analog thereof;
| ||||||
18 | (6.5) (blank);
| ||||||
19 | (7) (i) 5 grams or more but less than 15 grams of any | ||||||
20 | substance
containing lysergic acid diethylamide (LSD), or | ||||||
21 | an analog thereof,
or (ii)
more than 10 objects or more | ||||||
22 | than 10 segregated parts of an object or objects
but less | ||||||
23 | than 15 objects or less than 15 segregated parts of an | ||||||
24 | object
containing in them or having upon them any amount of | ||||||
25 | any substance
containing lysergic acid diethylamide (LSD), | ||||||
26 | or an analog thereof;
|
| |||||||
| |||||||
1 | (7.5) (i) 5 grams or more but less than 15 grams of any | ||||||
2 | substance listed
in paragraph (1), (2), (2.1), (2.2), (3), | ||||||
3 | (14.1), (19), (20), (20.1), (21), (25), or
(26) of | ||||||
4 | subsection (d) of Section 204, or an analog or derivative | ||||||
5 | thereof, or
(ii) more than 10 pills, tablets, caplets, | ||||||
6 | capsules, or objects but less than
15 pills, tablets, | ||||||
7 | caplets, capsules, or objects containing in them or having
| ||||||
8 | upon them any amount of any substance listed in paragraph | ||||||
9 | (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), | ||||||
10 | (21), (25), or (26) of subsection (d) of
Section 204, or an | ||||||
11 | analog or derivative thereof;
| ||||||
12 | (8) 10 grams or more but less than 30 grams of any | ||||||
13 | substance
containing pentazocine or any of the salts, | ||||||
14 | isomers and salts of isomers of
pentazocine, or an analog | ||||||
15 | thereof;
| ||||||
16 | (9) 10 grams or more but less than 30 grams of any | ||||||
17 | substance
containing methaqualone or any of the salts, | ||||||
18 | isomers and salts of isomers
of methaqualone, or an analog | ||||||
19 | thereof;
| ||||||
20 | (10) 10 grams or more but less than 30 grams of any | ||||||
21 | substance
containing phencyclidine or any of the salts, | ||||||
22 | isomers and salts of isomers
of phencyclidine (PCP), or an | ||||||
23 | analog thereof;
| ||||||
24 | (10.5) 10 grams or more but less than 30 grams of any | ||||||
25 | substance
containing ketamine or any of the salts, isomers | ||||||
26 | and salts of
isomers of ketamine, or an analog thereof;
|
| |||||||
| |||||||
1 | (10.6) 50 grams or more but less than 100 grams of any | ||||||
2 | substance containing hydrocodone, or any of the salts, | ||||||
3 | isomers and salts of isomers of hydrocodone, or an analog | ||||||
4 | thereof; | ||||||
5 | (10.7) 50 grams or more but less than 100 grams of any | ||||||
6 | substance containing dihydrocodeinone, or any of the | ||||||
7 | salts, isomers and salts of isomers of dihydrocodeinone, or | ||||||
8 | an analog thereof; | ||||||
9 | (10.8) 50 grams or more but less than 100 grams of any | ||||||
10 | substance containing dihydrocodeine, or any of the salts, | ||||||
11 | isomers and salts of isomers of dihydrocodeine, or an | ||||||
12 | analog thereof; | ||||||
13 | (10.9) 50 grams or more but less than 100 grams of any | ||||||
14 | substance containing oxycodone, or any of the salts, | ||||||
15 | isomers and salts of isomers of oxycodone, or an analog | ||||||
16 | thereof; | ||||||
17 | (11) 50 grams or more but less than 200 grams of any | ||||||
18 | substance
containing a substance classified in Schedules I | ||||||
19 | or II, or an analog
thereof, which is not otherwise | ||||||
20 | included in this subsection.
| ||||||
21 | (c-5) (Blank).
| ||||||
22 | (d) Any person who violates this Section with regard to any | ||||||
23 | other
amount of a controlled or counterfeit substance | ||||||
24 | containing dihydrocodeinone or dihydrocodeine or classified in
| ||||||
25 | Schedules I or II, or an analog thereof, which is (i) a | ||||||
26 | narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an |
| |||||||
| |||||||
1 | analog thereof,
(iii) any
substance containing amphetamine or | ||||||
2 | fentanyl or any salt or optical
isomer of amphetamine or | ||||||
3 | fentanyl, or an analog thereof, or (iv) any
substance | ||||||
4 | containing N-Benzylpiperazine (BZP) or any salt or optical
| ||||||
5 | isomer of N-Benzylpiperazine (BZP), or an analog thereof, is | ||||||
6 | guilty
of a Class 2 felony. The fine for violation of this | ||||||
7 | subsection (d) shall
not be more than $200,000.
| ||||||
8 | (d-5) (Blank).
| ||||||
9 | (e) Any person who violates this Section with regard to any | ||||||
10 | other
amount of a controlled substance other than | ||||||
11 | methamphetamine or counterfeit substance classified in
| ||||||
12 | Schedule I or II, or an analog thereof, which substance is not
| ||||||
13 | included under subsection (d) of this Section, is
guilty of a | ||||||
14 | Class 3 felony. The fine for violation of this subsection (e)
| ||||||
15 | shall not be more than $150,000.
| ||||||
16 | (f) Any person who violates this Section with regard to any | ||||||
17 | 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 any | ||||||
22 | 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 any |
| |||||||
| |||||||
1 | other
amount of a controlled or counterfeit substance | ||||||
2 | classified in
Schedule V is guilty of a Class 3 felony. The | ||||||
3 | fine for violation of this
subsection (h) shall not be more | ||||||
4 | than $75,000.
| ||||||
5 | (i) This Section does not apply to the manufacture, | ||||||
6 | possession or
distribution of a substance in conformance with | ||||||
7 | the provisions of an approved
new drug application or an | ||||||
8 | exemption for investigational use within the
meaning of Section | ||||||
9 | 505 of the Federal Food, Drug and Cosmetic Act.
| ||||||
10 | (j) (Blank).
| ||||||
11 | (Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17 .)
| ||||||
12 | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| ||||||
13 | Sec. 402. Except as otherwise authorized by this Act, it is | ||||||
14 | unlawful for
any person knowingly to possess a controlled or | ||||||
15 | counterfeit substance or controlled substance analog.
A | ||||||
16 | violation of this Act with respect to each of the controlled | ||||||
17 | substances
listed herein constitutes a single and separate | ||||||
18 | violation of this Act. For purposes of this Section, | ||||||
19 | "controlled substance analog" or "analog"
means a substance, | ||||||
20 | other than a controlled substance, that has a chemical | ||||||
21 | structure substantially similar to that of a controlled
| ||||||
22 | substance in Schedule I or II, or that was specifically | ||||||
23 | designed to produce
an effect substantially similar to that of | ||||||
24 | a controlled substance in Schedule
I or II. Examples of | ||||||
25 | chemical classes in which controlled substance analogs
are |
| |||||||
| |||||||
1 | found include, but are not limited to, the following: | ||||||
2 | phenethylamines,
N-substituted piperidines, morphinans, | ||||||
3 | ecgonines, quinazolinones, substituted
indoles, and | ||||||
4 | arylcycloalkylamines. For purposes of this Act, a controlled
| ||||||
5 | substance analog shall be treated in the same manner as the | ||||||
6 | controlled
substance to which it is substantially similar.
| ||||||
7 | (a) Any person who violates this Section with respect to | ||||||
8 | the following
controlled or counterfeit substances and | ||||||
9 | amounts, notwithstanding any of the
provisions of subsections | ||||||
10 | (c) and (d) to the
contrary, is guilty of a Class 1 felony and | ||||||
11 | shall, if sentenced to a term
of imprisonment, shall be | ||||||
12 | sentenced as provided in this subsection (a) and fined
as | ||||||
13 | provided in subsection (b):
| ||||||
14 | (1) (A) a person in possession of not less than 4 years | ||||||
15 | and not more than 15 years with respect
to 15 grams or | ||||||
16 | more but less than 50 100 grams of a substance | ||||||
17 | containing heroin is guilty of a Class 3 felony ;
| ||||||
18 | (B) a person in possession of 50 not less than 6 | ||||||
19 | years and not more than 30 years with respect to 100
| ||||||
20 | grams or more but less than 100 400 grams of a | ||||||
21 | substance containing heroin is guilty of a Class 2 | ||||||
22 | felony ;
| ||||||
23 | (C) a person in possession of more than 100 not | ||||||
24 | less than 8 years and not more than 40 years with | ||||||
25 | respect to 400
grams or more but less than 900 grams of | ||||||
26 | any substance containing heroin is guilty of a Class 1 |
| |||||||
| |||||||
1 | felony ;
| ||||||
2 | (D) (blank); not less than 10 years and not more | ||||||
3 | than 50 years with respect to
900 grams or more of any | ||||||
4 | substance containing heroin;
| ||||||
5 | (2) (A) a person in possession of not less than 4 years | ||||||
6 | and not more than 15 years with respect
to 15 grams or | ||||||
7 | more but less than 50 100 grams of any substance | ||||||
8 | containing
cocaine is guilty of a Class 3 felony ;
| ||||||
9 | (B) a person in possession of 50 not less than 6 | ||||||
10 | years and not more than 30 years with respect to 100
| ||||||
11 | grams or more but less than 100 400 grams of any | ||||||
12 | substance containing cocaine is guilty of a Class 2 | ||||||
13 | felony ;
| ||||||
14 | (C) a person in possession of more than 100 not | ||||||
15 | less than 8 years and not more than 40 years with | ||||||
16 | respect to 400
grams or more but less than 900 grams of | ||||||
17 | any substance containing cocaine is guilty of a Class 1 | ||||||
18 | felony ;
| ||||||
19 | (D) (blank); not less than 10 years and not more | ||||||
20 | than 50 years with respect to
900 grams or more of any | ||||||
21 | substance containing cocaine;
| ||||||
22 | (3) (A) a person in possession of not less than 4 years | ||||||
23 | and not more than 15 years with respect
to 15 grams or | ||||||
24 | more but less than 50 100 grams of any substance | ||||||
25 | containing
morphine is guilty of a Class 3 felony ;
| ||||||
26 | (B) a person in possession of 50 not less than 6 |
| |||||||
| |||||||
1 | years and not more than 30 years with respect to 100
| ||||||
2 | grams or more but less than 100 400 grams of any | ||||||
3 | substance containing morphine is guilty of a Class 2 | ||||||
4 | felony ;
| ||||||
5 | (C) a person in possession of more than 100 not | ||||||
6 | less than 6 years and not more than 40 years with | ||||||
7 | respect to 400
grams or more but less than 900 grams of | ||||||
8 | any substance containing morphine is guilty of a Class | ||||||
9 | 1 felony ;
| ||||||
10 | (D) (blank); not less than 10 years and not more | ||||||
11 | than 50 years with respect to
900 grams or more of any | ||||||
12 | substance containing morphine;
| ||||||
13 | (4) a person in possession of 200 grams or more of any | ||||||
14 | substance containing peyote is guilty of a Class 1 felony ;
| ||||||
15 | (5) a person in possession of 200 grams or more of any | ||||||
16 | substance containing a derivative of
barbituric acid or any | ||||||
17 | of the salts of a derivative of barbituric acid is guilty | ||||||
18 | of a Class 1 felony ;
| ||||||
19 | (6) a person in possession of 200 grams or more of any | ||||||
20 | substance containing amphetamine or any salt
of an optical | ||||||
21 | isomer of amphetamine is guilty of a Class 1 felony ;
| ||||||
22 | (6.5) (blank);
| ||||||
23 | (7) (A) a person is guilty of a Class 3 felony if he or | ||||||
24 | she in possession of: not less than 4 years and not | ||||||
25 | more than 15 years with respect
to: (i) 15 grams or | ||||||
26 | more but less than 50 100 grams of any substance |
| |||||||
| |||||||
1 | containing
lysergic acid diethylamide (LSD), or an | ||||||
2 | analog thereof, or (ii) 15 or
more objects or 15 or | ||||||
3 | more segregated parts of an object or objects but
less | ||||||
4 | than 100 200 objects or 100 200 segregated parts of an | ||||||
5 | object or objects
containing in them or having upon | ||||||
6 | them any amount of any substance
containing lysergic | ||||||
7 | acid diethylamide (LSD), or an analog thereof;
| ||||||
8 | (B) a person is guilty of a Class 2 felony if he or | ||||||
9 | she is in possession of: not less than 6 years and not | ||||||
10 | more than 30 years with respect
to: (i) 50 100 grams or | ||||||
11 | more but less than 100 400 grams of any substance
| ||||||
12 | containing lysergic acid diethylamide (LSD), or an | ||||||
13 | analog thereof, or (ii)
100 200 or more objects or 100 | ||||||
14 | 200 or more segregated parts of an object or objects
| ||||||
15 | but less than 300 600 objects or less than 300 600 | ||||||
16 | segregated parts of an object or
objects containing in | ||||||
17 | them or having upon them any amount of any substance
| ||||||
18 | containing lysergic acid diethylamide (LSD), or an | ||||||
19 | analog thereof;
| ||||||
20 | (C) a person is guilty of a Class 1 felony if he or | ||||||
21 | she is in possession of: not less than 8 years and not | ||||||
22 | more than 40 years with respect
to: (i) 100 400 grams | ||||||
23 | or more but less than 900 grams of any substance
| ||||||
24 | containing lysergic acid diethylamide (LSD), or an | ||||||
25 | analog thereof, or (ii)
300 600 or more objects or 300 | ||||||
26 | 600 or more segregated parts of an object or objects
|
| |||||||
| |||||||
1 | but less than 1500 objects or 1500 segregated parts of | ||||||
2 | an object or objects
containing in them or having upon | ||||||
3 | them any amount of any substance
containing lysergic | ||||||
4 | acid diethylamide (LSD), or an analog thereof;
| ||||||
5 | (D) (blank); not less than 10 years and not more | ||||||
6 | than 50 years with respect
to: (i) 900 grams or more of | ||||||
7 | any substance containing lysergic acid
diethylamide | ||||||
8 | (LSD), or an analog thereof, or (ii) 1500 or more | ||||||
9 | objects or
1500 or more segregated parts of an object | ||||||
10 | or objects containing in them or
having upon them any | ||||||
11 | amount of a substance containing lysergic acid
| ||||||
12 | diethylamide (LSD), or an analog thereof;
| ||||||
13 | (7.5) (A) a person is guilty of a Class 3 felony if he | ||||||
14 | or she is in possession of: not less than 4 years and | ||||||
15 | not more than 15 years with respect
to: (i) 15
grams or | ||||||
16 | more but
less than 50 100 grams of any substance listed | ||||||
17 | in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19),
| ||||||
18 | (20), (20.1), (21), (25), or (26) of subsection (d) of | ||||||
19 | Section 204, or an
analog or derivative
thereof, or | ||||||
20 | (ii) 15 or more pills, tablets, caplets, capsules, or | ||||||
21 | objects but
less than 100 200 pills,
tablets, caplets, | ||||||
22 | capsules, or objects containing in them or having upon | ||||||
23 | them
any amount of any
substance listed in paragraph | ||||||
24 | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
25 | (20.1),
(21), (25), or (26) of
subsection (d) of | ||||||
26 | Section 204, or an analog or derivative thereof;
|
| |||||||
| |||||||
1 | (B) a person is guilty of a Class 2 felony if he or | ||||||
2 | she is in possession of: not less than 6 years and not | ||||||
3 | more than 30 years with respect to: (i)
50 100
grams or | ||||||
4 | more but
less than 100 400 grams of any substance | ||||||
5 | listed in paragraph (1), (2), (2.1), (2.2), (3),
| ||||||
6 | (14.1), (19), (20),
(20.1), (21), (25), or (26) of | ||||||
7 | subsection (d) of Section 204, or an analog or
| ||||||
8 | derivative thereof, or
(ii) 100 200 or more pills, | ||||||
9 | tablets, caplets, capsules, or objects but less than
| ||||||
10 | 300 600
pills, tablets,
caplets, capsules, or objects | ||||||
11 | containing in them or having upon them any amount
of | ||||||
12 | any
substance
listed in paragraph (1), (2), (2.1), | ||||||
13 | (2.2), (3), (14.1), (19), (20), (20.1), (21),
(25), or | ||||||
14 | (26) of subsection
(d) of Section 204, or an analog or | ||||||
15 | derivative thereof;
| ||||||
16 | (C) a person is guilty of a Class 1 felony if he or | ||||||
17 | she is in possession of: not less than 8 years and not | ||||||
18 | more than 40 years with respect to: (i)
100 400
grams | ||||||
19 | or more but
less than 900 grams of any substance listed | ||||||
20 | in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), | ||||||
21 | (20),
(20.1), (21), (25), or (26) of subsection (d) of | ||||||
22 | Section 204, or an analog or
derivative thereof,
or | ||||||
23 | (ii) 300 600 or more pills, tablets, caplets, capsules, | ||||||
24 | or objects but less than
1,500 pills, tablets,
caplets, | ||||||
25 | capsules, or objects containing in them or having upon | ||||||
26 | them any amount
of any
substance listed in paragraph |
| |||||||
| |||||||
1 | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
2 | (20.1),
(21), (25), or (26) of
subsection (d) of | ||||||
3 | Section 204, or an analog or derivative thereof;
| ||||||
4 | (D) (blank); not less than 10 years and not more | ||||||
5 | than 50 years with respect to:
(i)
900 grams or more of
| ||||||
6 | any substance listed in paragraph (1), (2), (2.1), | ||||||
7 | (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or | ||||||
8 | (26)
of subsection (d) of Section 204, or an analog or | ||||||
9 | derivative thereof, or (ii)
1,500 or more pills,
| ||||||
10 | tablets, caplets, capsules, or objects containing in | ||||||
11 | them or having upon them
any amount of a
substance | ||||||
12 | listed in paragraph (1), (2), (2.1), (2.2), (3), | ||||||
13 | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
| ||||||
14 | subsection (d) of Section 204, or an analog or | ||||||
15 | derivative thereof;
| ||||||
16 | (8) a person in possession of 30 grams or more of any | ||||||
17 | substance containing pentazocine or any of
the salts, | ||||||
18 | isomers and salts of isomers of pentazocine, or an analog | ||||||
19 | thereof is guilty of a Class 1 felony ;
| ||||||
20 | (9) a person in possession of 30 grams or more of any | ||||||
21 | substance containing methaqualone or any
of the salts, | ||||||
22 | isomers and salts of isomers of methaqualone is guilty of a | ||||||
23 | Class 1 felony ;
| ||||||
24 | (10) a person in possession of 30 grams or more of any | ||||||
25 | substance containing phencyclidine or any
of the salts, | ||||||
26 | isomers and salts of isomers of phencyclidine (PCP) is |
| |||||||
| |||||||
1 | guilty of a Class 1 felony ;
| ||||||
2 | (10.5) a person in possession of 30 grams or more of | ||||||
3 | any substance containing ketamine or any of
the salts, | ||||||
4 | isomers and salts of isomers of ketamine is guilty of a | ||||||
5 | Class 1 felony ;
| ||||||
6 | (11) a person in possession of 200 grams or more of any | ||||||
7 | substance containing any substance
classified as a | ||||||
8 | narcotic drug in Schedules I or II, or an analog thereof, | ||||||
9 | which is not otherwise
included in this subsection is | ||||||
10 | guilty of a Class 1 felony .
| ||||||
11 | (b) Any person sentenced with respect to violations of | ||||||
12 | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | ||||||
13 | involving 100
grams or more of the
controlled substance named | ||||||
14 | therein, may in addition to the penalties
provided therein, be | ||||||
15 | fined an amount not to exceed $200,000 or the full
street value | ||||||
16 | of the controlled or counterfeit substances, whichever is
| ||||||
17 | greater. The term "street value" shall have the meaning
| ||||||
18 | ascribed in Section 110-5 of the Code of Criminal Procedure of | ||||||
19 | 1963. Any
person sentenced with respect to any other provision | ||||||
20 | of subsection (a), may
in addition to the penalties provided | ||||||
21 | therein, be fined an amount not to
exceed $200,000.
| ||||||
22 | (c) Any person who violates this Section with regard to an | ||||||
23 | amount
of a controlled substance other than methamphetamine or | ||||||
24 | counterfeit substance not set forth in
subsection (a) or (d) is | ||||||
25 | guilty of a Class 4 felony. The fine for a
violation punishable | ||||||
26 | under this subsection (c) shall not be more
than $25,000.
|
| |||||||
| |||||||
1 | (d) Any person who violates this Section with regard to any | ||||||
2 | amount of
anabolic steroid is guilty of a Class C misdemeanor
| ||||||
3 | for the first offense and a Class B misdemeanor for a | ||||||
4 | subsequent offense
committed within 2 years of a prior | ||||||
5 | conviction.
| ||||||
6 | (Source: P.A. 99-371, eff. 1-1-16 .)
| ||||||
7 | (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
| ||||||
8 | Sec. 407. (a) (1)(A) Any person 18 years of age or over who | ||||||
9 | violates any
subsection of Section 401 or subsection (b) of | ||||||
10 | Section 404 by delivering a
controlled, counterfeit or | ||||||
11 | look-alike substance to a person under 18 years
of age may be | ||||||
12 | sentenced to imprisonment for a term up to twice the maximum
| ||||||
13 | term and fined an amount up to twice that amount otherwise | ||||||
14 | authorized by
the pertinent subsection of Section 401 and | ||||||
15 | Subsection (b) of Section 404.
| ||||||
16 | (B) (Blank).
| ||||||
17 | (2) Except as provided in paragraph (3) of this subsection, | ||||||
18 | any person
who violates:
| ||||||
19 | (A) subsection (c) of Section 401 by delivering or | ||||||
20 | possessing with
intent to deliver a controlled, | ||||||
21 | counterfeit, or look-alike substance in or
on, or within | ||||||
22 | 500 1,000 feet of, a truck stop or safety rest area, is | ||||||
23 | guilty of
a Class 1 felony, the fine for which shall not | ||||||
24 | exceed $250,000;
| ||||||
25 | (B) subsection (d) of Section 401 by delivering or |
| |||||||
| |||||||
1 | possessing with
intent to deliver a controlled, | ||||||
2 | counterfeit, or look-alike substance in or
on, or within | ||||||
3 | 500 1,000 feet of, a truck stop or safety rest area, is | ||||||
4 | guilty of
a Class 2 felony, the fine for which shall not | ||||||
5 | exceed $200,000;
| ||||||
6 | (C) subsection (e) of Section 401 or subsection (b) of | ||||||
7 | Section 404
by delivering or possessing with intent to | ||||||
8 | deliver a controlled,
counterfeit, or look-alike substance | ||||||
9 | in or on, or within 500 1,000 feet of, a
truck stop or | ||||||
10 | safety rest area, is guilty of a Class 3 felony, the fine | ||||||
11 | for
which shall not exceed $150,000;
| ||||||
12 | (D) subsection (f) of Section 401 by delivering or | ||||||
13 | possessing with
intent to deliver a controlled, | ||||||
14 | counterfeit, or look-alike substance in or
on, or within | ||||||
15 | 500 1,000 feet of, a truck stop or safety rest area, is | ||||||
16 | guilty of
a Class 3 felony, the fine for which shall not | ||||||
17 | exceed $125,000;
| ||||||
18 | (E) subsection (g) of Section 401 by delivering or | ||||||
19 | possessing with
intent to deliver a controlled, | ||||||
20 | counterfeit, or look-alike substance in or
on, or within | ||||||
21 | 500 1,000 feet of, a truck stop or safety rest area, is | ||||||
22 | guilty of
a Class 3 felony, the fine for which shall not | ||||||
23 | exceed $100,000;
| ||||||
24 | (F) subsection (h) of Section 401 by delivering or | ||||||
25 | possessing with
intent to deliver a controlled, | ||||||
26 | counterfeit, or look-alike substance in or
on, or within |
| |||||||
| |||||||
1 | 500 1,000 feet of, a truck stop or safety rest area, is | ||||||
2 | guilty of
a Class 3 felony, the fine for which shall not | ||||||
3 | exceed $75,000;
| ||||||
4 | (3) Any person who violates paragraph (2) of this | ||||||
5 | subsection (a) by
delivering or possessing with intent to | ||||||
6 | deliver a controlled, counterfeit,
or look-alike substance in | ||||||
7 | or on, or within 500 1,000 feet of a truck stop or a
safety rest | ||||||
8 | area, following a prior conviction or convictions of paragraph
| ||||||
9 | (2) of this subsection (a) may be sentenced to a term of | ||||||
10 | imprisonment up to
2 times the maximum term and fined an amount | ||||||
11 | up to 2 times the amount
otherwise authorized by Section 401.
| ||||||
12 | (4) For the purposes of this subsection (a):
| ||||||
13 | (A) "Safety rest area" means a roadside facility | ||||||
14 | removed from the
roadway with parking and facilities | ||||||
15 | designed for motorists' rest, comfort,
and information | ||||||
16 | needs; and
| ||||||
17 | (B) "Truck stop" means any facility (and its parking | ||||||
18 | areas) used to
provide fuel or service, or both, to any | ||||||
19 | commercial motor vehicle as
defined in Section 18b-101 of | ||||||
20 | the Illinois Vehicle Code.
| ||||||
21 | (b) Any person who violates:
| ||||||
22 | (1) subsection (c) of Section 401 in any school, on or | ||||||
23 | within 500 feet of the real property comprising any school, | ||||||
24 | or in any conveyance
owned, leased or contracted by a | ||||||
25 | school to transport students to or from
school or a school | ||||||
26 | related activity, and at the time of the violation persons |
| |||||||
| |||||||
1 | under the age of 18 are present, the offense is committed | ||||||
2 | during school hours, or the offense is committed at times | ||||||
3 | when persons under the age of 18 are reasonably expected to | ||||||
4 | be present in the school, in the conveyance, or on the real | ||||||
5 | property, such as when after-school activities are | ||||||
6 | occurring or residential property owned, operated or
| ||||||
7 | managed by a public housing agency or leased by a public | ||||||
8 | housing agency as part
of a scattered site or mixed-income | ||||||
9 | development , or in any public park or , on or within 500 | ||||||
10 | feet of the real
property comprising any school or | ||||||
11 | residential property owned, operated or
managed by a public | ||||||
12 | housing agency or leased by a public housing agency as part
| ||||||
13 | of a scattered site or mixed-income development, or public | ||||||
14 | park or
within 1,000 feet of the real property comprising | ||||||
15 | any school or
residential property owned, operated or | ||||||
16 | managed by a public housing
agency
or leased by a public | ||||||
17 | housing agency as part of a scattered site or
mixed-income | ||||||
18 | development, or public park , on the real property | ||||||
19 | comprising any
church, synagogue, or
other building, | ||||||
20 | structure, or place used primarily for religious worship, | ||||||
21 | or
within 500 1,000 feet of the real property comprising | ||||||
22 | any church, synagogue, or
other building, structure, or | ||||||
23 | place used primarily for religious worship, on
the real | ||||||
24 | property comprising any of the following places, | ||||||
25 | buildings, or
structures used primarily for housing or | ||||||
26 | providing space for activities for
senior citizens: |
| |||||||
| |||||||
1 | nursing homes, assisted-living centers, senior citizen | ||||||
2 | housing
complexes, or senior centers oriented toward | ||||||
3 | daytime activities, or within 500
1,000 feet of the real | ||||||
4 | property comprising any of the following places,
| ||||||
5 | buildings, or structures used primarily for housing or | ||||||
6 | providing space for
activities for senior citizens: | ||||||
7 | nursing homes, assisted-living centers, senior
citizen | ||||||
8 | housing complexes, or senior centers oriented toward | ||||||
9 | daytime activities and at the time of the violation persons | ||||||
10 | are present or reasonably expected to be present in the | ||||||
11 | church, synagogue, or other
building,
structure, or place | ||||||
12 | used primarily for religious worship during worship | ||||||
13 | services, or in buildings or structures used primarily for | ||||||
14 | housing or providing space
for activities for senior | ||||||
15 | citizens: nursing homes, assisted-living centers,
senior | ||||||
16 | citizen housing complexes, or senior centers oriented | ||||||
17 | toward daytime
activities during the hours those places, | ||||||
18 | buildings, or structures are open for those activities, or
| ||||||
19 | on the real property
is guilty of a Class X felony, the | ||||||
20 | fine for which shall not
exceed $500,000;
| ||||||
21 | (2) subsection (d) of Section 401 in any school, on or | ||||||
22 | within 500 feet of the real property comprising any school, | ||||||
23 | or in any conveyance
owned, leased or contracted by a | ||||||
24 | school to transport students to or from
school or a school | ||||||
25 | related activity, and at the time of the violation persons | ||||||
26 | under the age of 18 are present, the offense is committed |
| |||||||
| |||||||
1 | during school hours, or the offense is committed at times | ||||||
2 | when persons under the age of 18 are reasonably expected to | ||||||
3 | be present in the school, in the conveyance, or on the real | ||||||
4 | property, such as when after-school activities are | ||||||
5 | occurring or residential property owned,
operated or | ||||||
6 | managed by a public housing agency or leased by a public | ||||||
7 | housing
agency as part of a scattered site or mixed-income | ||||||
8 | development , or in any public park or ,
on or within 500 | ||||||
9 | feet of the real property comprising any school or | ||||||
10 | residential property owned,
operated or managed by a public | ||||||
11 | housing agency or leased by a public housing
agency as part | ||||||
12 | of a scattered site or mixed-income development, or public | ||||||
13 | park
or within 1,000 feet of the real property comprising | ||||||
14 | any school or residential
property owned, operated or | ||||||
15 | managed by a public housing agency or leased by a
public | ||||||
16 | housing agency as part of a scattered site or mixed-income | ||||||
17 | development,
or public park , on the real property | ||||||
18 | comprising any church, synagogue, or other
building, | ||||||
19 | structure, or place used primarily for religious worship, | ||||||
20 | or
within 500 1,000 feet of the real property comprising | ||||||
21 | any church,
synagogue, or other building, structure, or | ||||||
22 | place used primarily for religious
worship, on the real | ||||||
23 | property comprising any of the following places,
| ||||||
24 | buildings, or
structures used primarily for housing or | ||||||
25 | providing space for activities for
senior citizens: | ||||||
26 | nursing homes, assisted-living centers, senior citizen |
| |||||||
| |||||||
1 | housing
complexes, or senior centers oriented toward | ||||||
2 | daytime activities, or within 500
1,000 feet of the real | ||||||
3 | property comprising any of the following
places, | ||||||
4 | buildings, or structures used primarily for housing or | ||||||
5 | providing space
for activities for senior citizens: | ||||||
6 | nursing homes, assisted-living centers,
senior citizen | ||||||
7 | housing complexes, or senior centers oriented toward | ||||||
8 | daytime
activities and at the time of the violation persons | ||||||
9 | are present or reasonably expected to be present in the | ||||||
10 | church, synagogue, or other
building,
structure, or place | ||||||
11 | used primarily for religious worship during worship | ||||||
12 | services, or in buildings or structures used primarily for | ||||||
13 | housing or providing space
for activities for senior | ||||||
14 | citizens: nursing homes, assisted-living centers,
senior | ||||||
15 | citizen housing complexes, or senior centers oriented | ||||||
16 | toward daytime
activities during the hours those places, | ||||||
17 | buildings, or structures are open for those activities, or
| ||||||
18 | on the real property is guilty of a Class 1 felony, the | ||||||
19 | fine for which shall not exceed
$250,000;
| ||||||
20 | (3) subsection (e) of Section 401 or Subsection (b) of | ||||||
21 | Section 404 in
any school, on or within 500 feet of the | ||||||
22 | real property comprising any school, or in any conveyance | ||||||
23 | owned, leased or contracted by a school to
transport | ||||||
24 | students to or from school or a school related activity, | ||||||
25 | and at the time of the violation persons under the age of | ||||||
26 | 18 are present, the offense is committed during school |
| |||||||
| |||||||
1 | hours, or the offense is committed at times when persons | ||||||
2 | under the age of 18 are reasonably expected to be present | ||||||
3 | in the school, in the conveyance, or on the real property, | ||||||
4 | such as when after-school activities are occurring or
| ||||||
5 | residential property owned, operated or managed by a public | ||||||
6 | housing agency or
leased by a public housing agency as part | ||||||
7 | of a scattered site or mixed-income
development , or in any | ||||||
8 | public park or , on or within 500 feet of the real property | ||||||
9 | comprising any school or
residential property owned, | ||||||
10 | operated or managed by a public housing agency or
leased by | ||||||
11 | a public housing agency as part of a scattered site or | ||||||
12 | mixed-income
development, or public park or within 1,000 | ||||||
13 | feet of the real property
comprising
any school or | ||||||
14 | residential property owned, operated or managed by a
public | ||||||
15 | housing agency or leased by a public housing agency as part | ||||||
16 | of a
scattered site or mixed-income development, or public | ||||||
17 | park , on the real
property comprising any church, | ||||||
18 | synagogue, or other building, structure, or
place used | ||||||
19 | primarily for religious worship, or within 500 1,000 feet | ||||||
20 | of the real
property comprising any church, synagogue, or | ||||||
21 | other building, structure, or
place used primarily for | ||||||
22 | religious worship, on the real property comprising any
of | ||||||
23 | the following places, buildings, or structures used | ||||||
24 | primarily for housing or
providing space for activities for
| ||||||
25 | senior citizens: nursing homes, assisted-living centers, | ||||||
26 | senior citizen housing
complexes, or senior centers |
| |||||||
| |||||||
1 | oriented toward daytime activities, or within 500
1,000 | ||||||
2 | feet of the real property comprising any of the following
| ||||||
3 | places, buildings, or structures used primarily for | ||||||
4 | housing or providing space
for activities for senior | ||||||
5 | citizens: nursing homes, assisted-living centers,
senior | ||||||
6 | citizen housing complexes, or senior centers oriented | ||||||
7 | toward daytime
activities and at the time of the violation | ||||||
8 | persons are present or reasonably expected to be present in | ||||||
9 | the church, synagogue, or other
building,
structure, or | ||||||
10 | place used primarily for religious worship during worship | ||||||
11 | services, or in buildings or structures used primarily for | ||||||
12 | housing or providing space
for activities for senior | ||||||
13 | citizens: nursing homes, assisted-living centers,
senior | ||||||
14 | citizen housing complexes, or senior centers oriented | ||||||
15 | toward daytime
activities during the hours those places, | ||||||
16 | buildings, or structures are open for those activities, or
| ||||||
17 | on the real property is guilty of a Class 2 felony, the | ||||||
18 | fine for
which shall not exceed $200,000;
| ||||||
19 | (4) subsection (f) of Section 401 in any school, on or | ||||||
20 | within 500 feet of the real property comprising any school, | ||||||
21 | or in any conveyance
owned, leased or contracted by a | ||||||
22 | school to transport students to or from
school or a school | ||||||
23 | related activity, and at the time of the violation persons | ||||||
24 | under the age of 18 are present, the offense is committed | ||||||
25 | during school hours, or the offense is committed at times | ||||||
26 | when persons under the age of 18 are reasonably expected to |
| |||||||
| |||||||
1 | be present in the school, in the conveyance, or on the real | ||||||
2 | property, such as when after-school activities are | ||||||
3 | occurring or residential property owned,
operated or | ||||||
4 | managed by a public housing agency
or leased by a public | ||||||
5 | housing agency as part of a scattered site or
mixed-income | ||||||
6 | development ,
or in any public park or , on or within 500 | ||||||
7 | feet of the real
property comprising any school or | ||||||
8 | residential property owned, operated or
managed by a public | ||||||
9 | housing agency
or leased by a public housing agency as part | ||||||
10 | of a scattered site or
mixed-income development,
or public | ||||||
11 | park or
within 1,000 feet of the real property comprising | ||||||
12 | any school or residential
property owned, operated or | ||||||
13 | managed by a public housing agency
or leased by a public | ||||||
14 | housing agency as part of a scattered site or
mixed-income | ||||||
15 | development,
or public
park , on the real property | ||||||
16 | comprising any church, synagogue, or other
building,
| ||||||
17 | structure, or place used primarily for religious worship, | ||||||
18 | or
within 500 1,000 feet of the real property comprising | ||||||
19 | any church,
synagogue, or other building, structure, or | ||||||
20 | place used primarily for religious
worship, on the real | ||||||
21 | property comprising any of the following places,
| ||||||
22 | buildings, or
structures used primarily for housing or | ||||||
23 | providing space for activities for
senior citizens: | ||||||
24 | nursing homes, assisted-living centers, senior citizen | ||||||
25 | housing
complexes, or senior centers oriented toward | ||||||
26 | daytime activities, or within 500
1,000 feet of the real |
| |||||||
| |||||||
1 | property comprising any of the following
places, | ||||||
2 | buildings, or structures used primarily for housing or | ||||||
3 | providing space
for activities for senior citizens: | ||||||
4 | nursing homes, assisted-living centers,
senior citizen | ||||||
5 | housing complexes, or senior centers oriented toward | ||||||
6 | daytime
activities
and at the time of the violation persons | ||||||
7 | are present or reasonably expected to be present in the | ||||||
8 | church, synagogue, or other
building,
structure, or place | ||||||
9 | used primarily for religious worship during worship | ||||||
10 | services, or in buildings or structures used primarily for | ||||||
11 | housing or providing space
for activities for senior | ||||||
12 | citizens: nursing homes, assisted-living centers,
senior | ||||||
13 | citizen housing complexes, or senior centers oriented | ||||||
14 | toward daytime
activities during the hours those places, | ||||||
15 | buildings, or structures are open for those activities, or
| ||||||
16 | on the real property is guilty of a Class 2 felony, the | ||||||
17 | fine for which shall not exceed
$150,000;
| ||||||
18 | (5) subsection (g) of Section 401 in any school, on or | ||||||
19 | within 500 feet of the real property comprising any school, | ||||||
20 | or in any conveyance
owned, leased or contracted by a | ||||||
21 | school to transport students to or from
school or a school | ||||||
22 | related activity, and at the time of the violation persons | ||||||
23 | under the age of 18 are present, the offense is committed | ||||||
24 | during school hours, or the offense is committed at times | ||||||
25 | when persons under the age of 18 are reasonably expected to | ||||||
26 | be present in the school, in the conveyance, or on the real |
| |||||||
| |||||||
1 | property, such as when after-school activities are | ||||||
2 | occurring or residential property owned,
operated or | ||||||
3 | managed by a public housing agency
or leased by a public | ||||||
4 | housing agency as part of a scattered site or
mixed-income | ||||||
5 | development ,
or in any public park or , on or within 500 | ||||||
6 | feet of the real
property comprising any school or | ||||||
7 | residential property owned, operated or
managed by a public | ||||||
8 | housing agency
or leased by a public housing agency as part | ||||||
9 | of a scattered site or
mixed-income development,
or public | ||||||
10 | park or
within 1,000 feet of the real property comprising | ||||||
11 | any school or residential
property owned, operated or | ||||||
12 | managed by a public housing agency
or leased by a public | ||||||
13 | housing agency as part of a scattered site or
mixed-income | ||||||
14 | development,
or public
park , on the real property | ||||||
15 | comprising any church, synagogue, or other
building,
| ||||||
16 | structure, or place used primarily for religious worship, | ||||||
17 | or
within 500 1,000 feet of the real property comprising | ||||||
18 | any church,
synagogue, or other building, structure, or | ||||||
19 | place used primarily for religious
worship, on the real | ||||||
20 | property comprising any of the following places,
| ||||||
21 | buildings, or
structures used primarily for housing or | ||||||
22 | providing space for activities for
senior citizens: | ||||||
23 | nursing homes, assisted-living centers, senior citizen | ||||||
24 | housing
complexes, or senior centers oriented toward | ||||||
25 | daytime activities, or within 500
1,000 feet of the real | ||||||
26 | property comprising any of the following
places, |
| |||||||
| |||||||
1 | buildings, or structures used primarily for housing or | ||||||
2 | providing space
for activities for senior citizens: | ||||||
3 | nursing homes, assisted-living centers,
senior citizen | ||||||
4 | housing complexes, or senior centers oriented toward | ||||||
5 | daytime
activities
and at the time of the violation persons | ||||||
6 | are present or reasonably expected to be present in the | ||||||
7 | church, synagogue, or other
building,
structure, or place | ||||||
8 | used primarily for religious worship during worship | ||||||
9 | services, or in buildings or structures used primarily for | ||||||
10 | housing or providing space
for activities for senior | ||||||
11 | citizens: nursing homes, assisted-living centers,
senior | ||||||
12 | citizen housing complexes, or senior centers oriented | ||||||
13 | toward daytime
activities during the hours those places, | ||||||
14 | buildings, or structures are open for those activities, or
| ||||||
15 | on the real property is guilty of a Class 2 felony, the | ||||||
16 | fine for which shall not exceed $125,000;
| ||||||
17 | (6) subsection (h) of Section 401 in any school, on or | ||||||
18 | within 500 feet of the real property comprising any school, | ||||||
19 | or in any conveyance
owned, leased or contracted by a | ||||||
20 | school to transport students to or from
school or a school | ||||||
21 | related activity, and at the time of the violation persons | ||||||
22 | under the age of 18 are present, the offense is committed | ||||||
23 | during school hours, or the offense is committed at times | ||||||
24 | when persons under the age of 18 are reasonably expected to | ||||||
25 | be present in the school, in the conveyance, or on the real | ||||||
26 | property, such as when after-school activities are |
| |||||||
| |||||||
1 | occurring or residential property owned,
operated or | ||||||
2 | managed by a public housing agency
or leased by a public | ||||||
3 | housing agency as part of a scattered site or
mixed-income | ||||||
4 | development ,
or in any public park or , on or within 500 | ||||||
5 | feet of the real
property comprising any school or | ||||||
6 | residential property owned, operated or
managed by a public | ||||||
7 | housing agency
or leased by a public housing agency as part | ||||||
8 | of a scattered site or
mixed-income development,
or public | ||||||
9 | park or within 1,000 feet of the real property comprising | ||||||
10 | any school
or residential
property owned, operated or | ||||||
11 | managed by a public housing agency
or leased by a public | ||||||
12 | housing agency as part of a scattered site or
mixed-income | ||||||
13 | development,
or public
park , on the real property | ||||||
14 | comprising any church, synagogue, or other
building,
| ||||||
15 | structure, or place used primarily for religious worship, | ||||||
16 | or
within 500 1,000 feet of the real property comprising | ||||||
17 | any church,
synagogue, or other building, structure, or | ||||||
18 | place used primarily for religious
worship, on the real | ||||||
19 | property comprising any of the following places,
| ||||||
20 | buildings, or
structures used primarily for housing or | ||||||
21 | providing space for activities for
senior citizens: | ||||||
22 | nursing homes, assisted-living centers, senior citizen | ||||||
23 | housing
complexes, or senior centers oriented toward | ||||||
24 | daytime activities, or within 500
1,000 feet of the real | ||||||
25 | property comprising any of the following
places, | ||||||
26 | buildings, or structures used primarily for housing or |
| |||||||
| |||||||
1 | providing space
for activities for senior citizens: | ||||||
2 | nursing homes, assisted-living centers,
senior citizen | ||||||
3 | housing complexes, or senior centers oriented toward | ||||||
4 | daytime
activities
and at the time of the violation persons | ||||||
5 | are present or reasonably expected to be present in the | ||||||
6 | church, synagogue, or other
building,
structure, or place | ||||||
7 | used primarily for religious worship during worship | ||||||
8 | services, or in buildings or structures used primarily for | ||||||
9 | housing or providing space
for activities for senior | ||||||
10 | citizens: nursing homes, assisted-living centers,
senior | ||||||
11 | citizen housing complexes, or senior centers oriented | ||||||
12 | toward daytime
activities during the hours those places, | ||||||
13 | buildings, or structures are open for those activities, or
| ||||||
14 | on the real property is guilty of a Class 2 felony, the | ||||||
15 | fine for which shall not exceed
$100,000.
| ||||||
16 | (c) Regarding penalties prescribed in subsection
(b) for | ||||||
17 | violations committed in a school or on or within 500
1,000 feet | ||||||
18 | of school property, the time of day and , time of year and | ||||||
19 | whether
classes were currently in session at the time of the | ||||||
20 | offense is irrelevant.
| ||||||
21 | (Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
| ||||||
22 | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| ||||||
23 | Sec. 410. (a) Whenever any person who has not previously | ||||||
24 | been convicted
of , or placed on probation or court supervision | ||||||
25 | for any felony offense under this
Act or any law of the United |
| |||||||
| |||||||
1 | States or of any State relating to cannabis
or controlled | ||||||
2 | substances, pleads guilty to or is found guilty of possession
| ||||||
3 | of a controlled or counterfeit substance under subsection (c) | ||||||
4 | of Section
402 or of unauthorized possession of prescription | ||||||
5 | form under Section 406.2, the court, without entering a | ||||||
6 | judgment and with the consent of such
person, may sentence him | ||||||
7 | or her to probation.
| ||||||
8 | (b) When a person is placed on probation, the court shall | ||||||
9 | enter an order
specifying a period of probation of 24 months | ||||||
10 | and shall defer further
proceedings in the case until the | ||||||
11 | conclusion of the period or until the
filing of a petition | ||||||
12 | alleging violation of a term or condition of probation.
| ||||||
13 | (c) The conditions of probation shall be that the person: | ||||||
14 | (1) not
violate any criminal statute of any jurisdiction; (2) | ||||||
15 | refrain from
possessing a firearm or other dangerous weapon; | ||||||
16 | (3) submit to periodic drug
testing at a time and in a manner | ||||||
17 | as ordered by the court, but no less than 3
times during the | ||||||
18 | period of the probation, with the cost of the testing to be
| ||||||
19 | paid by the probationer; and (4) perform no less than 30 hours | ||||||
20 | of community
service, provided community service is available | ||||||
21 | in the jurisdiction and is
funded
and approved by the county | ||||||
22 | board.
| ||||||
23 | (d) The court may, in addition to other conditions, require | ||||||
24 | that the person:
| ||||||
25 | (1) make a report to and appear in person before or | ||||||
26 | participate with the
court or such courts, person, or |
| |||||||
| |||||||
1 | social service agency as directed by the
court in the order | ||||||
2 | of probation;
| ||||||
3 | (2) pay a fine and costs;
| ||||||
4 | (3) work or pursue a course of study or vocational
| ||||||
5 | training;
| ||||||
6 | (4) undergo medical or psychiatric treatment; or | ||||||
7 | treatment or
rehabilitation approved by the Illinois | ||||||
8 | Department of Human Services;
| ||||||
9 | (5) attend or reside in a facility established for the | ||||||
10 | instruction or
residence of defendants on probation;
| ||||||
11 | (6) support his or her dependents;
| ||||||
12 | (6-5) refrain from having in his or her body the | ||||||
13 | presence of any illicit
drug prohibited by the Cannabis | ||||||
14 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
15 | Methamphetamine Control and Community Protection Act, | ||||||
16 | unless prescribed by a physician, and submit samples of
his | ||||||
17 | or her blood or urine or both for tests to determine the | ||||||
18 | presence of any
illicit drug;
| ||||||
19 | (7) and in addition, if a minor:
| ||||||
20 | (i) reside with his or her parents or in a foster | ||||||
21 | home;
| ||||||
22 | (ii) attend school;
| ||||||
23 | (iii) attend a non-residential program for youth;
| ||||||
24 | (iv) contribute to his or her own support at home | ||||||
25 | or in a foster home.
| ||||||
26 | (e) Upon violation of a term or condition of probation, the |
| |||||||
| |||||||
1 | court
may enter a judgment on its original finding of guilt and | ||||||
2 | proceed as
otherwise provided.
| ||||||
3 | (f) Upon fulfillment of the terms and conditions of | ||||||
4 | probation, the court
shall discharge the person and dismiss the | ||||||
5 | proceedings against him or her.
| ||||||
6 | (g) A disposition of probation is considered to be a | ||||||
7 | conviction
for the purposes of imposing the conditions of | ||||||
8 | probation and for appeal,
however, discharge and dismissal | ||||||
9 | under this Section is not a conviction for
purposes of this Act | ||||||
10 | or for purposes of disqualifications or disabilities
imposed by | ||||||
11 | law upon conviction of a crime.
| ||||||
12 | (h) A person may not have more than There may be only one | ||||||
13 | discharge and dismissal under this Section within a 4-year | ||||||
14 | period ,
Section 10 of the Cannabis Control Act, Section 70 of | ||||||
15 | the Methamphetamine Control and Community Protection Act, | ||||||
16 | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, | ||||||
17 | or subsection (c) of Section 11-14 of the Criminal Code of 1961 | ||||||
18 | or the Criminal Code of 2012 with respect to any person .
| ||||||
19 | (i) If a person is convicted of an offense under this Act, | ||||||
20 | the Cannabis
Control Act, or the Methamphetamine Control and | ||||||
21 | Community Protection Act within 5 years
subsequent to a | ||||||
22 | discharge and dismissal under this Section, the discharge and
| ||||||
23 | dismissal under this Section shall be admissible in the | ||||||
24 | sentencing proceeding
for that conviction
as evidence in | ||||||
25 | aggravation.
| ||||||
26 | (j) Notwithstanding subsection (a), before a person is |
| |||||||
| |||||||
1 | sentenced to probation under this Section, the court may refer | ||||||
2 | the person to the drug court established in that judicial | ||||||
3 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
4 | The drug court team shall evaluate the person's likelihood of | ||||||
5 | successfully completing a sentence of probation under this | ||||||
6 | Section and shall report the results of its evaluation to the | ||||||
7 | court. If the drug court team finds that the person suffers | ||||||
8 | from a substance abuse problem that makes him or her | ||||||
9 | substantially unlikely to successfully complete a sentence of | ||||||
10 | probation under this Section, then the drug court shall set | ||||||
11 | forth its findings in the form of a written order, and the | ||||||
12 | person shall not be sentenced to probation under this Section, | ||||||
13 | but shall may be considered for the drug court program. | ||||||
14 | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
| ||||||
15 | Section 30. The Methamphetamine Control and Community | ||||||
16 | Protection Act is amended by changing Sections 15, 55, and 70 | ||||||
17 | as follows: | ||||||
18 | (720 ILCS 646/15) | ||||||
19 | Sec. 15. Participation in methamphetamine manufacturing. | ||||||
20 | (a) Participation in methamphetamine manufacturing.
| ||||||
21 | (1) It is unlawful to knowingly participate in the | ||||||
22 | manufacture of methamphetamine with the intent that | ||||||
23 | methamphetamine or a substance containing methamphetamine | ||||||
24 | be produced.
|
| |||||||
| |||||||
1 | (2) A person who violates paragraph (1) of this | ||||||
2 | subsection (a) is subject to the following penalties:
| ||||||
3 | (A) A person who participates in the manufacture of | ||||||
4 | less than 15 grams of methamphetamine or a substance | ||||||
5 | containing methamphetamine is guilty of a Class 1 | ||||||
6 | felony.
| ||||||
7 | (B) A person who participates in the manufacture of | ||||||
8 | 15 or more grams but less than 100 grams of | ||||||
9 | methamphetamine or a substance containing | ||||||
10 | methamphetamine is guilty of a Class X felony, subject | ||||||
11 | to a term of imprisonment of not less than 6 years and | ||||||
12 | not more than 30 years, and subject to a fine not to | ||||||
13 | exceed $100,000 or the street value of the | ||||||
14 | methamphetamine manufactured, whichever is greater.
| ||||||
15 | (C) A person who participates in the manufacture of | ||||||
16 | 100 or more grams but less than 400 grams of | ||||||
17 | methamphetamine or a substance containing | ||||||
18 | methamphetamine is guilty of a Class X felony, subject | ||||||
19 | to a term of imprisonment of not less than 9 years and | ||||||
20 | not more than 40 years, and subject to a fine not to | ||||||
21 | exceed $200,000 or the street value of the | ||||||
22 | methamphetamine manufactured, whichever is greater.
| ||||||
23 | (D) A person who participates in the manufacture of | ||||||
24 | 400 or more grams but less than 900 grams of | ||||||
25 | methamphetamine or a substance containing | ||||||
26 | methamphetamine is guilty of a Class X felony, subject |
| |||||||
| |||||||
1 | to a term of imprisonment of not less than 12 years and | ||||||
2 | not more than 50 years, and subject to a fine not to | ||||||
3 | exceed $300,000 or the street value of the | ||||||
4 | methamphetamine manufactured, whichever is greater.
| ||||||
5 | (E) A person who participates in the manufacture of | ||||||
6 | 900 grams or more of methamphetamine or a substance | ||||||
7 | containing methamphetamine is guilty of a Class X | ||||||
8 | felony, subject to a term of imprisonment of not less | ||||||
9 | than 15 years and not more than 60 years, and subject | ||||||
10 | to a fine not to exceed $400,000 or the street value of | ||||||
11 | the methamphetamine, whichever is greater.
| ||||||
12 | (b) Aggravated participation in methamphetamine | ||||||
13 | manufacturing.
| ||||||
14 | (1) It is unlawful to engage in aggravated | ||||||
15 | participation in the manufacture of methamphetamine. A | ||||||
16 | person engages in aggravated participation in the | ||||||
17 | manufacture of methamphetamine when the person violates | ||||||
18 | paragraph (1) of subsection (a) and:
| ||||||
19 | (A) the person knowingly does so in a multi-unit | ||||||
20 | dwelling;
| ||||||
21 | (B) the person knowingly does so in a structure or | ||||||
22 | vehicle where a child under the age of 18, a person | ||||||
23 | with a disability, or a person 60 years of age or older | ||||||
24 | who is incapable of adequately providing for his or her | ||||||
25 | own health and personal care resides, is present, or is | ||||||
26 | endangered by the manufacture of methamphetamine;
|
| |||||||
| |||||||
1 | (C) the person does so in a structure or vehicle | ||||||
2 | where a woman the person knows to be pregnant | ||||||
3 | (including but not limited to the person herself) | ||||||
4 | resides, is present, or is endangered by the | ||||||
5 | methamphetamine manufacture;
| ||||||
6 | (D) the person knowingly does so in a structure or | ||||||
7 | vehicle protected by one or more firearms, explosive | ||||||
8 | devices, booby traps, alarm systems, surveillance | ||||||
9 | systems, guard dogs, or dangerous animals;
| ||||||
10 | (E) the methamphetamine manufacturing in which the | ||||||
11 | person participates is a contributing cause of the | ||||||
12 | death, serious bodily injury, disability, or | ||||||
13 | disfigurement of another person, including but not | ||||||
14 | limited to an emergency service provider;
| ||||||
15 | (F) the methamphetamine manufacturing in which the | ||||||
16 | person participates is a contributing cause of a fire | ||||||
17 | or explosion that damages property belonging to | ||||||
18 | another person;
| ||||||
19 | (G) the person knowingly organizes, directs, or | ||||||
20 | finances the methamphetamine manufacturing or | ||||||
21 | activities carried out in support of the | ||||||
22 | methamphetamine manufacturing; or
| ||||||
23 | (H) the methamphetamine manufacturing occurs | ||||||
24 | within 500 1,000 feet of a place of worship or | ||||||
25 | parsonage, or within 500 1,000 feet of the real | ||||||
26 | property comprising any school at a time when children, |
| |||||||
| |||||||
1 | clergy, patrons, staff, or other persons are present or | ||||||
2 | any activity sanctioned by the place of worship or | ||||||
3 | parsonage or school is taking place .
| ||||||
4 | (2) A person who violates paragraph (1) of this | ||||||
5 | subsection (b) is subject to the following penalties:
| ||||||
6 | (A) A person who participates in the manufacture of | ||||||
7 | less than 15 grams of methamphetamine or a substance | ||||||
8 | containing methamphetamine is guilty of a Class X | ||||||
9 | felony, subject to a term of imprisonment of not less | ||||||
10 | than 6 years and not more than 30 years, and subject to | ||||||
11 | a fine not to exceed $100,000 or the street value of | ||||||
12 | the methamphetamine, whichever is greater.
| ||||||
13 | (B) A person who participates in the manufacture of | ||||||
14 | 15 or more grams but less than 100 grams of | ||||||
15 | methamphetamine or a substance containing | ||||||
16 | methamphetamine is guilty of a Class X felony, subject | ||||||
17 | to a term of imprisonment of not less than 9 years and | ||||||
18 | not more than 40 years, and subject to a fine not to | ||||||
19 | exceed $200,000 or the street value of the | ||||||
20 | methamphetamine, whichever is greater.
| ||||||
21 | (C) A person who participates in the manufacture of | ||||||
22 | 100 or more grams but less than 400 grams of | ||||||
23 | methamphetamine or a substance containing | ||||||
24 | methamphetamine is guilty of a Class X felony, subject | ||||||
25 | to a term of imprisonment of not less than 12 years and | ||||||
26 | not more than 50 years, and subject to a fine not to |
| |||||||
| |||||||
1 | exceed $300,000 or the street value of the | ||||||
2 | methamphetamine, whichever is greater.
| ||||||
3 | (D) A person who participates in the manufacture of | ||||||
4 | 400 grams or more of methamphetamine or a substance | ||||||
5 | containing methamphetamine is guilty of a Class X | ||||||
6 | felony, subject to a term of imprisonment of not less | ||||||
7 | than 15 years and not more than 60 years, and subject | ||||||
8 | to a fine not to exceed $400,000 or the street value of | ||||||
9 | the methamphetamine, whichever is greater.
| ||||||
10 | (Source: P.A. 98-980, eff. 1-1-15 .) | ||||||
11 | (720 ILCS 646/55)
| ||||||
12 | Sec. 55. Methamphetamine delivery. | ||||||
13 | (a) Delivery or possession with intent to deliver | ||||||
14 | methamphetamine or a substance containing methamphetamine.
| ||||||
15 | (1) It is unlawful knowingly to engage in the delivery | ||||||
16 | or possession with intent to deliver methamphetamine or a | ||||||
17 | substance containing methamphetamine.
| ||||||
18 | (2) A person who violates paragraph (1) of this | ||||||
19 | subsection (a) is subject to the following penalties:
| ||||||
20 | (A) A person who delivers or possesses with intent | ||||||
21 | to deliver less than 5 grams of methamphetamine or a | ||||||
22 | substance containing methamphetamine is guilty of a | ||||||
23 | Class 2 felony.
| ||||||
24 | (B) A person who delivers or possesses with intent | ||||||
25 | to deliver 5 or more grams but less than 15 grams of |
| |||||||
| |||||||
1 | methamphetamine or a substance containing | ||||||
2 | methamphetamine is guilty of a Class 1 felony.
| ||||||
3 | (C) A person who delivers or possesses with intent | ||||||
4 | to deliver 15 or more grams but less than 100 grams of | ||||||
5 | methamphetamine or a substance containing | ||||||
6 | methamphetamine is guilty of a Class X felony, subject | ||||||
7 | to a term of imprisonment of not less than 6 years and | ||||||
8 | not more than 30 years, and subject to a fine not to | ||||||
9 | exceed $100,000 or the street value of the | ||||||
10 | methamphetamine, whichever is greater.
| ||||||
11 | (D) A person who delivers or possesses with intent | ||||||
12 | to deliver 100 or more grams but less than 400 grams of | ||||||
13 | methamphetamine or a substance containing | ||||||
14 | methamphetamine is guilty of a Class X felony, subject | ||||||
15 | to a term of imprisonment of not less than 9 years and | ||||||
16 | not more than 40 years, and subject to a fine not to | ||||||
17 | exceed $200,000 or the street value of the | ||||||
18 | methamphetamine, whichever is greater.
| ||||||
19 | (E) A person who delivers or possesses with intent | ||||||
20 | to deliver 400 or more grams but less than 900 grams of | ||||||
21 | methamphetamine or a substance containing | ||||||
22 | methamphetamine is guilty of a Class X felony, subject | ||||||
23 | to a term of imprisonment of not less than 12 years and | ||||||
24 | not more than 50 years, and subject to a fine not to | ||||||
25 | exceed $300,000 or the street value of the | ||||||
26 | methamphetamine, whichever is greater.
|
| |||||||
| |||||||
1 | (F) A person who delivers or possesses with intent | ||||||
2 | to deliver 900 or more grams of methamphetamine or a | ||||||
3 | substance containing methamphetamine is guilty of a | ||||||
4 | Class X felony, subject to a term of imprisonment of | ||||||
5 | not less than 15 years and not more than 60 years, and | ||||||
6 | subject to a fine not to exceed $400,000 or the street | ||||||
7 | value of the methamphetamine, whichever is greater.
| ||||||
8 | (b) Aggravated delivery or possession with intent to | ||||||
9 | deliver methamphetamine or a substance containing | ||||||
10 | methamphetamine.
| ||||||
11 | (1) It is unlawful to engage in the aggravated delivery | ||||||
12 | or possession with intent to deliver methamphetamine or a | ||||||
13 | substance containing methamphetamine. A person engages in | ||||||
14 | the aggravated delivery or possession with intent to | ||||||
15 | deliver methamphetamine or a substance containing | ||||||
16 | methamphetamine when the person violates paragraph (1) of | ||||||
17 | subsection (a) of this Section and:
| ||||||
18 | (A) the person is at least 18 years of age and | ||||||
19 | knowingly delivers or possesses with intent to deliver | ||||||
20 | the methamphetamine or substance containing | ||||||
21 | methamphetamine to a person under 18 years of age;
| ||||||
22 | (B) the person is at least 18 years of age and | ||||||
23 | knowingly uses, engages, employs, or causes another | ||||||
24 | person to use, engage, or employ a person under 18 | ||||||
25 | years of age to deliver the methamphetamine or | ||||||
26 | substance containing methamphetamine;
|
| |||||||
| |||||||
1 | (C) the person knowingly delivers or possesses | ||||||
2 | with intent to deliver the methamphetamine or | ||||||
3 | substance containing methamphetamine in any structure | ||||||
4 | or vehicle protected by one or more firearms, explosive | ||||||
5 | devices, booby traps, alarm systems, surveillance | ||||||
6 | systems, guard dogs, or dangerous animals;
| ||||||
7 | (D) the person knowingly delivers or possesses | ||||||
8 | with intent to deliver the methamphetamine or | ||||||
9 | substance containing methamphetamine in any school, on | ||||||
10 | any real property comprising any school, or in any | ||||||
11 | conveyance owned, leased, or contracted by a school to | ||||||
12 | transport students to or from school or a | ||||||
13 | school-related activity and at the time of the | ||||||
14 | violation persons under the age of 18 are present, the | ||||||
15 | offense is committed during school hours, or the | ||||||
16 | offense is committed at times when persons under the | ||||||
17 | age of 18 are reasonably expected to be present in the | ||||||
18 | school, in the conveyance, or on the real property, | ||||||
19 | such as when after-school activities are occurring ;
| ||||||
20 | (E) the person delivers or causes another person to | ||||||
21 | deliver the methamphetamine or substance containing | ||||||
22 | methamphetamine to a woman that the person knows to be | ||||||
23 | pregnant;
or | ||||||
24 | (F) (blank). | ||||||
25 | (2) A person who violates paragraph (1) of this | ||||||
26 | subsection (b) is subject to the following penalties:
|
| |||||||
| |||||||
1 | (A) A person who delivers or possesses with intent | ||||||
2 | to deliver less than 5 grams of methamphetamine or a | ||||||
3 | substance containing methamphetamine is guilty of a | ||||||
4 | Class 1 felony.
| ||||||
5 | (B) A person who delivers or possesses with intent | ||||||
6 | to deliver 5 or more grams but less than 15 grams of | ||||||
7 | methamphetamine or a substance containing | ||||||
8 | methamphetamine is guilty of a Class X felony, subject | ||||||
9 | to a term of imprisonment of not less than 6 years and | ||||||
10 | not more than 30 years, and subject to a fine not to | ||||||
11 | exceed $100,000 or the street value of the | ||||||
12 | methamphetamine, whichever is greater.
| ||||||
13 | (C) A person who delivers or possesses with intent | ||||||
14 | to deliver 15 or more grams but less than 100 grams of | ||||||
15 | methamphetamine or a substance containing | ||||||
16 | methamphetamine is guilty of a Class X felony, subject | ||||||
17 | to a term of imprisonment of not less than 8 years and | ||||||
18 | not more than 40 years, and subject to a fine not to | ||||||
19 | exceed $200,000 or the street value of the | ||||||
20 | methamphetamine, whichever is greater.
| ||||||
21 | (D) A person who delivers or possesses with intent | ||||||
22 | to deliver 100 or more grams of methamphetamine or a | ||||||
23 | substance containing methamphetamine is guilty of a | ||||||
24 | Class X felony, subject to a term of imprisonment of | ||||||
25 | not less than 10 years and not more than 50 years, and | ||||||
26 | subject to a fine not to exceed $300,000 or the street |
| |||||||
| |||||||
1 | value of the methamphetamine, whichever is greater.
| ||||||
2 | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) | ||||||
3 | (720 ILCS 646/70)
| ||||||
4 | Sec. 70. Probation. | ||||||
5 | (a) Whenever any person who has not previously been | ||||||
6 | convicted of , or placed on probation or court supervision for | ||||||
7 | any felony offense under this Act, the Illinois Controlled | ||||||
8 | Substances Act, the Cannabis Control Act, or any law of the | ||||||
9 | United States or of any state relating to cannabis or | ||||||
10 | controlled substances, pleads guilty to or is found guilty of | ||||||
11 | possession of less than 15 grams of methamphetamine under | ||||||
12 | paragraph (1) or (2) of subsection (b) of Section 60 of this | ||||||
13 | Act, the court, without entering a judgment and with the | ||||||
14 | consent of the person, may sentence him or her to probation.
| ||||||
15 | (b) When a person is placed on probation, the court shall | ||||||
16 | enter an order specifying a period of probation of 24 months | ||||||
17 | and shall defer further proceedings in the case until the | ||||||
18 | conclusion of the period or until the filing of a petition | ||||||
19 | alleging violation of a term or condition of probation.
| ||||||
20 | (c) The conditions of probation shall be that the person: | ||||||
21 | (1) not violate any criminal statute of any | ||||||
22 | jurisdiction; | ||||||
23 | (2) refrain from possessing a firearm or other | ||||||
24 | dangerous weapon; | ||||||
25 | (3) submit to periodic drug testing at a time and in a |
| |||||||
| |||||||
1 | manner as ordered by the court, but no less than 3 times | ||||||
2 | during the period of the probation, with the cost of the | ||||||
3 | testing to be paid by the probationer; and | ||||||
4 | (4) perform no less than 30 hours of community service, | ||||||
5 | if community service is available in the jurisdiction and | ||||||
6 | is funded and approved by the county board.
| ||||||
7 | (d) The court may, in addition to other conditions, require | ||||||
8 | that the person take one or more of the following actions:
| ||||||
9 | (1) make a report to and appear in person before or | ||||||
10 | participate with the court or such courts, person, or | ||||||
11 | social service agency as directed by the court in the order | ||||||
12 | of probation;
| ||||||
13 | (2) pay a fine and costs;
| ||||||
14 | (3) work or pursue a course of study or vocational | ||||||
15 | training;
| ||||||
16 | (4) undergo medical or psychiatric treatment; or | ||||||
17 | treatment or rehabilitation approved by the Illinois | ||||||
18 | Department of Human Services;
| ||||||
19 | (5) attend or reside in a facility established for the | ||||||
20 | instruction or residence of defendants on probation;
| ||||||
21 | (6) support his or her dependents;
| ||||||
22 | (7) refrain from having in his or her body the presence | ||||||
23 | of any illicit drug prohibited by this Act, the Cannabis | ||||||
24 | Control Act, or the Illinois Controlled Substances Act, | ||||||
25 | unless prescribed by a physician, and submit samples of his | ||||||
26 | or her blood or urine or both for tests to determine the |
| |||||||
| |||||||
1 | presence of any illicit drug; or
| ||||||
2 | (8) if a minor:
| ||||||
3 | (i) reside with his or her parents or in a foster | ||||||
4 | home;
| ||||||
5 | (ii) attend school;
| ||||||
6 | (iii) attend a non-residential program for youth; | ||||||
7 | or
| ||||||
8 | (iv) contribute to his or her own support at home | ||||||
9 | or in a foster home.
| ||||||
10 | (e) Upon violation of a term or condition of probation, the | ||||||
11 | court may enter a judgment on its original finding of guilt and | ||||||
12 | proceed as otherwise provided.
| ||||||
13 | (f) Upon fulfillment of the terms and conditions of | ||||||
14 | probation, the court shall discharge the person and dismiss the | ||||||
15 | proceedings against the person.
| ||||||
16 | (g) A disposition of probation is considered to be a | ||||||
17 | conviction for the purposes of imposing the conditions of | ||||||
18 | probation and for appeal, however, discharge and dismissal | ||||||
19 | under this Section is not a conviction for purposes of this Act | ||||||
20 | or for purposes of disqualifications or disabilities imposed by | ||||||
21 | law upon conviction of a crime.
| ||||||
22 | (h) A person may not have more than There may be only one | ||||||
23 | discharge and dismissal under this Section within a 4-year | ||||||
24 | period , Section 410 of the Illinois Controlled Substances Act, | ||||||
25 | Section 10 of the Cannabis Control Act, Section 5-6-3.3 or | ||||||
26 | 5-6-3.4 of the Unified Code of Corrections, or subsection (c) |
| |||||||
| |||||||
1 | of Section 11-14 of the Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012 with respect to any person .
| ||||||
3 | (i) If a person is convicted of an offense under this Act, | ||||||
4 | the Cannabis Control Act, or the Illinois Controlled Substances | ||||||
5 | Act within 5 years subsequent to a discharge and dismissal | ||||||
6 | under this Section, the discharge and dismissal under this | ||||||
7 | Section are admissible in the sentencing proceeding for that | ||||||
8 | conviction as evidence in aggravation.
| ||||||
9 | (j) Notwithstanding subsection (a), before a person is | ||||||
10 | sentenced to probation under this Section, the court may refer | ||||||
11 | the person to the drug court established in that judicial | ||||||
12 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
13 | The drug court team shall evaluate the person's likelihood of | ||||||
14 | successfully completing a sentence of probation under this | ||||||
15 | Section and shall report the results of its evaluation to the | ||||||
16 | court. If the drug court team finds that the person suffers | ||||||
17 | from a substance abuse problem that makes him or her | ||||||
18 | substantially unlikely to successfully complete a sentence of | ||||||
19 | probation under this Section, then the drug court shall set | ||||||
20 | forth its findings in the form of a written order, and the | ||||||
21 | person shall not be sentenced to probation under this Section, | ||||||
22 | but shall may be considered for the drug court program. | ||||||
23 | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.) | ||||||
24 | Section 35. The Unified Code of Corrections is amended by | ||||||
25 | changing Sections 3-3-8, 3-6-3, 5-4-1, 5-4.5-25, 5-4.5-30, |
| |||||||
| |||||||
1 | 5-4.5-35, 5-4.5-95, 5-6-3.3, 5-6-3.4, 5-8-1, and 5-8-8 and by | ||||||
2 | adding Section 5-4.5-110 as follows:
| ||||||
3 | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| ||||||
4 | Sec. 3-3-8. Length of parole and mandatory supervised
| ||||||
5 | release; discharge. | ||||||
6 | (a) The length of parole
for a person sentenced under the | ||||||
7 | law in effect prior to
the effective date of this amendatory | ||||||
8 | Act of 1977 and the
length of mandatory supervised release for | ||||||
9 | those sentenced
under the law in effect on and after such | ||||||
10 | effective date
shall be as set out in Section 5-8-1 unless | ||||||
11 | sooner terminated
under paragraph (b) of this Section.
| ||||||
12 | (b) The Prisoner Review Board may enter an order
releasing | ||||||
13 | and discharging one from parole or mandatory
supervised | ||||||
14 | release, and his or her commitment to the Department,
when it | ||||||
15 | determines that he or she is likely to remain at liberty
| ||||||
16 | without committing another offense.
| ||||||
17 | (b-1) Provided that the subject is in compliance with the | ||||||
18 | terms and conditions of his or her parole or mandatory | ||||||
19 | supervised release, the Prisoner Review Board may reduce the | ||||||
20 | period of a parolee or releasee's parole or mandatory | ||||||
21 | supervised release by 90 days upon the parolee or releasee | ||||||
22 | receiving a high school diploma or upon passage of high school | ||||||
23 | equivalency testing during the period of his or her parole or | ||||||
24 | mandatory supervised release. This reduction in the period of a | ||||||
25 | subject's term of parole or mandatory supervised release shall |
| |||||||
| |||||||
1 | be available only to subjects who have not previously earned a | ||||||
2 | high school diploma or who have not previously passed high | ||||||
3 | school equivalency testing. | ||||||
4 | (b-2) The Prisoner Review Board shall release a low-risk | ||||||
5 | and need subject person from mandatory supervised release as | ||||||
6 | determined by an appropriate evidence-based risk and need | ||||||
7 | assessment. | ||||||
8 | (c) The order of discharge shall become effective upon | ||||||
9 | entry of the
order of the Board. The Board shall notify the | ||||||
10 | clerk of the committing
court of the order. Upon receipt of | ||||||
11 | such copy, the clerk shall make an
entry on the record judgment | ||||||
12 | that the sentence or commitment has been
satisfied pursuant to | ||||||
13 | the order.
| ||||||
14 | (d) Rights of the person discharged under this
Section | ||||||
15 | shall be restored under Section 5-5-5.
| ||||||
16 | (Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268, | ||||||
17 | eff. 1-1-16; 99-628, eff. 1-1-17 .)
| ||||||
18 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
19 | Sec. 3-6-3. Rules and regulations for sentence credit.
| ||||||
20 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
21 | and regulations for awarding and revoking sentence credit for | ||||||
22 | persons committed to the Department which shall
be subject to | ||||||
23 | review by the Prisoner Review Board.
| ||||||
24 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
25 | awarded for the following: |
| |||||||
| |||||||
1 | (A) successful completion of programming while in | ||||||
2 | custody of the Department or while in custody prior to | ||||||
3 | sentencing; | ||||||
4 | (B) compliance with the rules and regulations of the | ||||||
5 | Department; or | ||||||
6 | (C) service to the institution, service to a community, | ||||||
7 | or service to the State. | ||||||
8 | (2) Except as provided in paragraph (4.7) of this | ||||||
9 | subsection (a), the The rules and regulations on sentence | ||||||
10 | credit shall provide, with
respect to offenses listed in clause | ||||||
11 | (i), (ii), or (iii) of this paragraph (2) committed on or after | ||||||
12 | June 19, 1998 or with respect to the offense listed in clause | ||||||
13 | (iv) of this paragraph (2) committed on or after June 23, 2005 | ||||||
14 | (the effective date of Public Act 94-71) or with
respect to | ||||||
15 | offense listed in clause (vi)
committed on or after June 1, | ||||||
16 | 2008 (the effective date of Public Act 95-625)
or with respect | ||||||
17 | to the offense of being an armed habitual criminal committed on | ||||||
18 | or after August 2, 2005 (the effective date of Public Act | ||||||
19 | 94-398) or with respect to the offenses listed in clause (v) of | ||||||
20 | this paragraph (2) committed on or after August 13, 2007 (the | ||||||
21 | effective date of Public Act 95-134) or with respect to the | ||||||
22 | offense of aggravated domestic battery committed on or after | ||||||
23 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
24 | with respect to the offense of attempt to commit terrorism | ||||||
25 | committed on or after January 1, 2013 (the effective date of | ||||||
26 | Public Act 97-990), the following:
|
| |||||||
| |||||||
1 | (i) that a prisoner who is serving a term of | ||||||
2 | imprisonment for first
degree murder or for the offense of | ||||||
3 | terrorism shall receive no sentence
credit and shall serve | ||||||
4 | the entire
sentence imposed by the court;
| ||||||
5 | (ii) that a prisoner serving a sentence for attempt to | ||||||
6 | commit terrorism, attempt to commit first
degree murder, | ||||||
7 | solicitation of murder, solicitation of murder for hire,
| ||||||
8 | intentional homicide of an unborn child, predatory | ||||||
9 | criminal sexual assault of a
child, aggravated criminal | ||||||
10 | sexual assault, criminal sexual assault, aggravated
| ||||||
11 | kidnapping, aggravated battery with a firearm as described | ||||||
12 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
13 | (e)(4) of Section 12-3.05, heinous battery as described in | ||||||
14 | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||||||
15 | being an armed habitual criminal, aggravated
battery of a | ||||||
16 | senior citizen as described in Section 12-4.6 or | ||||||
17 | subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
18 | battery of a child as described in Section 12-4.3 or | ||||||
19 | subdivision (b)(1) of Section 12-3.05 shall receive no
more | ||||||
20 | than 4.5 days of sentence credit for each month of his or | ||||||
21 | her sentence
of imprisonment;
| ||||||
22 | (iii) that a prisoner serving a sentence
for home | ||||||
23 | invasion, armed robbery, aggravated vehicular hijacking,
| ||||||
24 | aggravated discharge of a firearm, or armed violence with a | ||||||
25 | category I weapon
or category II weapon, when the court
has | ||||||
26 | made and entered a finding, pursuant to subsection (c-1) of |
| |||||||
| |||||||
1 | Section 5-4-1
of this Code, that the conduct leading to | ||||||
2 | conviction for the enumerated offense
resulted in great | ||||||
3 | bodily harm to a victim, shall receive no more than 4.5 | ||||||
4 | days
of sentence credit for each month of his or her | ||||||
5 | sentence of imprisonment;
| ||||||
6 | (iv) that a prisoner serving a sentence for aggravated | ||||||
7 | discharge of a firearm, whether or not the conduct leading | ||||||
8 | to conviction for the offense resulted in great bodily harm | ||||||
9 | to the victim, shall receive no more than 4.5 days of | ||||||
10 | sentence credit for each month of his or her sentence of | ||||||
11 | imprisonment;
| ||||||
12 | (v) that a person serving a sentence for gunrunning, | ||||||
13 | narcotics racketeering, controlled substance trafficking, | ||||||
14 | methamphetamine trafficking, drug-induced homicide, | ||||||
15 | aggravated methamphetamine-related child endangerment, | ||||||
16 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
17 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
18 | Code of 2012, or a Class X felony conviction for delivery | ||||||
19 | of a controlled substance, possession of a controlled | ||||||
20 | substance with intent to manufacture or deliver, | ||||||
21 | calculated criminal drug conspiracy, criminal drug | ||||||
22 | conspiracy, street gang criminal drug conspiracy, | ||||||
23 | participation in methamphetamine manufacturing, aggravated | ||||||
24 | participation in methamphetamine manufacturing, delivery | ||||||
25 | of methamphetamine, possession with intent to deliver | ||||||
26 | methamphetamine, aggravated delivery of methamphetamine, |
| |||||||
| |||||||
1 | aggravated possession with intent to deliver | ||||||
2 | methamphetamine, methamphetamine conspiracy when the | ||||||
3 | substance containing the controlled substance or | ||||||
4 | methamphetamine is 100 grams or more shall receive no more | ||||||
5 | than 7.5 days sentence credit for each month of his or her | ||||||
6 | sentence of imprisonment;
| ||||||
7 | (vi)
that a prisoner serving a sentence for a second or | ||||||
8 | subsequent offense of luring a minor shall receive no more | ||||||
9 | than 4.5 days of sentence credit for each month of his or | ||||||
10 | her sentence of imprisonment; and
| ||||||
11 | (vii) that a prisoner serving a sentence for aggravated | ||||||
12 | domestic battery shall receive no more than 4.5 days of | ||||||
13 | sentence credit for each month of his or her sentence of | ||||||
14 | imprisonment. | ||||||
15 | (2.1) For all offenses, other than those enumerated in | ||||||
16 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
17 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
18 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
19 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
20 | (the effective date of Public Act 95-134)
or subdivision | ||||||
21 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
22 | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | ||||||
23 | on or after July 23, 2010 (the effective date of Public Act | ||||||
24 | 96-1224), and other than the offense of aggravated driving | ||||||
25 | under the influence of alcohol, other drug or drugs, or
| ||||||
26 | intoxicating compound or compounds, or any combination thereof |
| |||||||
| |||||||
1 | as defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
2 | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | ||||||
3 | than the offense of aggravated driving under the influence of | ||||||
4 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
5 | compounds, or any combination
thereof as defined in | ||||||
6 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
7 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
8 | January 1, 2011 (the effective date of Public Act 96-1230),
the | ||||||
9 | rules and regulations shall
provide that a prisoner who is | ||||||
10 | serving a term of
imprisonment shall receive one day of | ||||||
11 | sentence credit for each day of
his or her sentence of | ||||||
12 | imprisonment or recommitment under Section 3-3-9.
Each day of | ||||||
13 | sentence credit shall reduce by one day the prisoner's period
| ||||||
14 | of imprisonment or recommitment under Section 3-3-9.
| ||||||
15 | (2.2) A prisoner serving a term of natural life | ||||||
16 | imprisonment or a
prisoner who has been sentenced to death | ||||||
17 | shall receive no sentence
credit.
| ||||||
18 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
19 | subsection (a), the The rules and regulations on sentence | ||||||
20 | credit shall provide that
a prisoner who is serving a sentence | ||||||
21 | for aggravated driving under the influence of alcohol,
other | ||||||
22 | drug or drugs, or intoxicating compound or compounds, or any | ||||||
23 | combination
thereof as defined in subparagraph (F) of paragraph | ||||||
24 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
25 | Code, shall receive no more than 4.5
days of sentence credit | ||||||
26 | for each month of his or her sentence of
imprisonment.
|
| |||||||
| |||||||
1 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
2 | subsection (a), the The rules and regulations on sentence | ||||||
3 | credit shall provide with
respect to the offenses of aggravated | ||||||
4 | battery with a machine gun or a firearm
equipped with any | ||||||
5 | device or attachment designed or used for silencing the
report | ||||||
6 | of a firearm or aggravated discharge of a machine gun or a | ||||||
7 | firearm
equipped with any device or attachment designed or used | ||||||
8 | for silencing the
report of a firearm, committed on or after
| ||||||
9 | July 15, 1999 (the effective date of Public Act 91-121),
that a | ||||||
10 | prisoner serving a sentence for any of these offenses shall | ||||||
11 | receive no
more than 4.5 days of sentence credit for each month | ||||||
12 | of his or her sentence
of imprisonment.
| ||||||
13 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
14 | subsection (a), the The rules and regulations on sentence | ||||||
15 | credit shall provide that a
prisoner who is serving a sentence | ||||||
16 | for aggravated arson committed on or after
July 27, 2001 (the | ||||||
17 | effective date of Public Act 92-176) shall receive no more than
| ||||||
18 | 4.5 days of sentence credit for each month of his or her | ||||||
19 | sentence of
imprisonment.
| ||||||
20 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
21 | subsection (a), the The rules and regulations on sentence | ||||||
22 | credit shall provide that a
prisoner who is serving a sentence | ||||||
23 | for aggravated driving under the influence of alcohol,
other | ||||||
24 | drug or drugs, or intoxicating compound or compounds or any | ||||||
25 | combination
thereof as defined in subparagraph (C) of paragraph | ||||||
26 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code committed on or after January 1, 2011 (the effective date | ||||||
2 | of Public Act 96-1230) shall receive no more than 4.5
days of | ||||||
3 | sentence credit for each month of his or her sentence of
| ||||||
4 | imprisonment. | ||||||
5 | (3) Except as provided in paragraph (4.7) of this | ||||||
6 | subsection (a), the The rules and regulations shall also | ||||||
7 | provide that
the Director may award up to 180 days additional | ||||||
8 | sentence
credit for good conduct in specific instances as the
| ||||||
9 | Director deems proper. The good conduct may include, but is not | ||||||
10 | limited to, compliance with the rules and regulations of the | ||||||
11 | Department, service to the Department, service to a community, | ||||||
12 | or service to the State. However, the Director shall not award | ||||||
13 | more than 90 days
of sentence credit for good conduct to any | ||||||
14 | prisoner who is serving a sentence for
conviction of first | ||||||
15 | degree murder, reckless homicide while under the
influence of | ||||||
16 | alcohol or any other drug,
or aggravated driving under the | ||||||
17 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
18 | compound or compounds, or any combination thereof as defined in
| ||||||
19 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
20 | 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, | ||||||
21 | kidnapping,
predatory criminal sexual assault of a child,
| ||||||
22 | aggravated criminal sexual assault, criminal sexual assault, | ||||||
23 | deviate sexual
assault, aggravated criminal sexual abuse, | ||||||
24 | aggravated indecent liberties
with a child, indecent liberties | ||||||
25 | with a child, child pornography, heinous
battery as described | ||||||
26 | in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, |
| |||||||
| |||||||
1 | aggravated battery of a spouse, aggravated battery of a spouse
| ||||||
2 | with a firearm, stalking, aggravated stalking, aggravated | ||||||
3 | battery of a child as described in Section 12-4.3 or | ||||||
4 | subdivision (b)(1) of Section 12-3.05,
endangering the life or | ||||||
5 | health of a child, or cruelty to a child. Notwithstanding the | ||||||
6 | foregoing, sentence credit for
good conduct shall not be | ||||||
7 | awarded on a
sentence of imprisonment imposed for conviction | ||||||
8 | of : (i) one of the offenses
enumerated in subdivision | ||||||
9 | (a)(2)(i), (ii), or (iii) when the offense is committed on or | ||||||
10 | after
June 19, 1998 or subdivision (a)(2)(iv) when the offense | ||||||
11 | is committed on or after June 23, 2005 (the effective date of | ||||||
12 | Public Act 94-71) or subdivision (a)(2)(v) when the offense is | ||||||
13 | committed on or after August 13, 2007 (the effective date of | ||||||
14 | Public Act 95-134)
or subdivision (a)(2)(vi) when the offense | ||||||
15 | is committed on or after June 1, 2008 (the effective date of | ||||||
16 | Public Act 95-625) or subdivision (a)(2)(vii) when the offense | ||||||
17 | is committed on or after July 23, 2010 (the effective date of | ||||||
18 | Public Act 96-1224), (ii) aggravated driving under the | ||||||
19 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
20 | compound or compounds, or any combination thereof as defined in
| ||||||
21 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
22 | 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses | ||||||
23 | enumerated in subdivision
(a)(2.4) when the offense is | ||||||
24 | committed on or after
July 15, 1999 (the effective date of | ||||||
25 | Public Act 91-121),
(iv) aggravated arson when the offense is | ||||||
26 | committed
on or after July 27, 2001 (the effective date of |
| |||||||
| |||||||
1 | Public Act 92-176), (v) offenses that may subject the offender | ||||||
2 | to commitment under the Sexually Violent Persons Commitment | ||||||
3 | Act , or (vi) aggravated driving under the influence of alcohol,
| ||||||
4 | other drug or drugs, or intoxicating compound or compounds or | ||||||
5 | any combination
thereof as defined in subparagraph (C) of | ||||||
6 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
7 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
8 | (the effective date of Public Act 96-1230) .
| ||||||
9 | Eligible inmates for an award of sentence credit under
this | ||||||
10 | paragraph (3) may be selected to receive the credit at
the | ||||||
11 | Director's or his or her designee's sole discretion.
| ||||||
12 | Consideration may be based on, but not limited to, any
| ||||||
13 | available risk assessment analysis on the inmate, any history | ||||||
14 | of conviction for violent crimes as defined by the Rights of | ||||||
15 | Crime Victims and Witnesses Act, facts and circumstances of the | ||||||
16 | inmate's holding offense or offenses, and the potential for | ||||||
17 | rehabilitation. | ||||||
18 | The Director shall not award sentence credit under this | ||||||
19 | paragraph (3) to an inmate unless the inmate has served a | ||||||
20 | minimum of 60 days of the sentence; except nothing in this | ||||||
21 | paragraph shall be construed to permit the Director to extend | ||||||
22 | an inmate's sentence beyond that which was imposed by the | ||||||
23 | court. Prior to awarding credit under this paragraph (3), the | ||||||
24 | Director shall make a written determination that the inmate: | ||||||
25 | (A) is eligible for the sentence credit; | ||||||
26 | (B) has served a minimum of 60 days, or as close to 60 |
| |||||||
| |||||||
1 | days as the sentence will allow; and | ||||||
2 | (C) has met the eligibility criteria established by | ||||||
3 | rule. | ||||||
4 | The Director shall determine the form and content of the | ||||||
5 | written determination required in this subsection. | ||||||
6 | (3.5) The Department shall provide annual written reports | ||||||
7 | to the Governor and the General Assembly on the award of | ||||||
8 | sentence credit for good conduct, with the first report due | ||||||
9 | January 1, 2014. The Department must publish both reports on | ||||||
10 | its website within 48 hours of transmitting the reports to the | ||||||
11 | Governor and the General Assembly. The reports must include: | ||||||
12 | (A) the number of inmates awarded sentence credit for | ||||||
13 | good conduct; | ||||||
14 | (B) the average amount of sentence credit for good | ||||||
15 | conduct awarded; | ||||||
16 | (C) the holding offenses of inmates awarded sentence | ||||||
17 | credit for good conduct; and | ||||||
18 | (D) the number of sentence credit for good conduct | ||||||
19 | revocations. | ||||||
20 | (4) Except as provided in paragraph (4.7) of this | ||||||
21 | subsection (a), the The rules and regulations shall also | ||||||
22 | provide that the sentence
credit accumulated and retained under | ||||||
23 | paragraph (2.1) of subsection (a) of
this Section by any inmate | ||||||
24 | during specific periods of time in which such
inmate is engaged | ||||||
25 | full-time in substance abuse programs, correctional
industry | ||||||
26 | assignments, educational programs, behavior modification |
| |||||||
| |||||||
1 | programs, life skills courses, or re-entry planning provided by | ||||||
2 | the Department
under this paragraph (4) and satisfactorily | ||||||
3 | completes the assigned program as
determined by the standards | ||||||
4 | of the Department, shall be multiplied by a factor
of 1.25 for | ||||||
5 | program participation before August 11, 1993
and 1.50 for | ||||||
6 | program participation on or after that date.
The rules and | ||||||
7 | regulations shall also provide that sentence credit, subject to | ||||||
8 | the same offense limits and multiplier provided in this | ||||||
9 | paragraph, may be provided to an inmate who was held in | ||||||
10 | pre-trial detention prior to his or her current commitment to | ||||||
11 | the Department of Corrections and successfully completed a | ||||||
12 | full-time, 60-day or longer substance abuse program, | ||||||
13 | educational program, behavior modification program, life | ||||||
14 | skills course, or re-entry planning provided by the county | ||||||
15 | department of corrections or county jail. Calculation of this | ||||||
16 | county program credit shall be done at sentencing as provided | ||||||
17 | in Section 5-4.5-100 of this Code and shall be included in the | ||||||
18 | sentencing order. However, no inmate shall be eligible for the | ||||||
19 | additional sentence credit
under this paragraph (4) or (4.1) of | ||||||
20 | this subsection (a) while assigned to a boot camp
or electronic | ||||||
21 | detention , or if convicted of an offense enumerated in
| ||||||
22 | subdivision (a)(2)(i), (ii), or (iii) of this Section that is | ||||||
23 | committed on or after June 19,
1998 or subdivision (a)(2)(iv) | ||||||
24 | of this Section that is committed on or after June 23, 2005 | ||||||
25 | (the effective date of Public Act 94-71) or subdivision | ||||||
26 | (a)(2)(v) of this Section that is committed on or after August |
| |||||||
| |||||||
1 | 13, 2007 (the effective date of Public Act 95-134)
or | ||||||
2 | subdivision (a)(2)(vi) when the offense is committed on or | ||||||
3 | after June 1, 2008 (the effective date of Public Act 95-625) or | ||||||
4 | subdivision (a)(2)(vii) when the offense is committed on or | ||||||
5 | after July 23, 2010 (the effective date of Public Act 96-1224), | ||||||
6 | or if convicted of aggravated driving under the influence of | ||||||
7 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
8 | compounds or any combination thereof as defined in
subparagraph | ||||||
9 | (F) of paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
10 | Illinois Vehicle Code, or if convicted of aggravated driving | ||||||
11 | under the influence of alcohol,
other drug or drugs, or | ||||||
12 | intoxicating compound or compounds or any combination
thereof | ||||||
13 | as defined in subparagraph (C) of paragraph (1) of subsection | ||||||
14 | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | ||||||
15 | or after January 1, 2011 (the effective date of Public Act | ||||||
16 | 96-1230), or if convicted of an offense enumerated in paragraph
| ||||||
17 | (a)(2.4) of this Section that is committed on or after
July 15, | ||||||
18 | 1999 (the effective date of Public Act 91-121),
or first degree | ||||||
19 | murder, a Class X felony, criminal sexual
assault, felony | ||||||
20 | criminal sexual abuse, aggravated criminal sexual abuse,
| ||||||
21 | aggravated battery with a firearm as described in Section | ||||||
22 | 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||||||
23 | Section 12-3.05, or any predecessor or successor offenses
with | ||||||
24 | the same or substantially the same elements , or any inchoate | ||||||
25 | offenses
relating to the foregoing offenses . No inmate shall be | ||||||
26 | eligible for the
additional good conduct credit under this |
| |||||||
| |||||||
1 | paragraph (4) who (i) has previously
received increased good | ||||||
2 | conduct credit under this paragraph (4) and has
subsequently | ||||||
3 | been convicted of a
felony, or (ii) has previously served more | ||||||
4 | than one prior sentence of
imprisonment for a felony in an | ||||||
5 | adult correctional facility.
| ||||||
6 | Educational, vocational, substance abuse, behavior | ||||||
7 | modification programs, life skills courses, re-entry planning, | ||||||
8 | and correctional
industry programs under which sentence credit | ||||||
9 | may be increased under
this paragraph (4) and paragraph (4.1) | ||||||
10 | of this subsection (a) shall be evaluated by the Department on | ||||||
11 | the basis of
documented standards. The Department shall report | ||||||
12 | the results of these
evaluations to the Governor and the | ||||||
13 | General Assembly by September 30th of each
year. The reports | ||||||
14 | shall include data relating to the recidivism rate among
| ||||||
15 | program participants.
| ||||||
16 | Availability of these programs shall be subject to the
| ||||||
17 | limits of fiscal resources appropriated by the General Assembly | ||||||
18 | for these
purposes. Eligible inmates who are denied immediate | ||||||
19 | admission shall be
placed on a waiting list under criteria | ||||||
20 | established by the Department.
The inability of any inmate to | ||||||
21 | become engaged in any such programs
by reason of insufficient | ||||||
22 | program resources or for any other reason
established under the | ||||||
23 | rules and regulations of the Department shall not be
deemed a | ||||||
24 | cause of action under which the Department or any employee or
| ||||||
25 | agent of the Department shall be liable for damages to the | ||||||
26 | inmate.
|
| |||||||
| |||||||
1 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
2 | subsection (a), the The rules and regulations shall also | ||||||
3 | provide that an additional 90 days of sentence credit shall be | ||||||
4 | awarded to any prisoner who passes high school equivalency | ||||||
5 | testing while the prisoner is committed to the Department of | ||||||
6 | Corrections. The sentence credit awarded under this paragraph | ||||||
7 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
8 | of sentence credit under any other paragraph of this Section, | ||||||
9 | but shall also be pursuant to the guidelines and restrictions | ||||||
10 | set forth in paragraph (4) of subsection (a) of this Section.
| ||||||
11 | The sentence credit provided for in this paragraph shall be | ||||||
12 | available only to those prisoners who have not previously | ||||||
13 | earned a high school diploma or a high school equivalency | ||||||
14 | certificate. If, after an award of the high school equivalency | ||||||
15 | testing sentence credit has been made, the Department | ||||||
16 | determines that the prisoner was not eligible, then the award | ||||||
17 | shall be revoked.
The Department may also award 90 days of | ||||||
18 | sentence credit to any committed person who passed high school | ||||||
19 | equivalency testing while he or she was held in pre-trial | ||||||
20 | detention prior to the current commitment to the Department of | ||||||
21 | Corrections. | ||||||
22 | (4.5) The rules and regulations on sentence credit shall | ||||||
23 | also provide that
when the court's sentencing order recommends | ||||||
24 | a prisoner for substance abuse treatment and the
crime was | ||||||
25 | committed on or after September 1, 2003 (the effective date of
| ||||||
26 | Public Act 93-354), the prisoner shall receive no sentence |
| |||||||
| |||||||
1 | credit awarded under clause (3) of this subsection (a) unless | ||||||
2 | he or she participates in and
completes a substance abuse | ||||||
3 | treatment program. The Director may waive the requirement to | ||||||
4 | participate in or complete a substance abuse treatment program | ||||||
5 | and award the sentence credit in specific instances if the | ||||||
6 | prisoner is not a good candidate for a substance abuse | ||||||
7 | treatment program for medical, programming, or operational | ||||||
8 | reasons. Availability of
substance abuse treatment shall be | ||||||
9 | subject to the limits of fiscal resources
appropriated by the | ||||||
10 | General Assembly for these purposes. If treatment is not
| ||||||
11 | available and the requirement to participate and complete the | ||||||
12 | treatment has not been waived by the Director, the prisoner | ||||||
13 | shall be placed on a waiting list under criteria
established by | ||||||
14 | the Department. The Director may allow a prisoner placed on
a | ||||||
15 | waiting list to participate in and complete a substance abuse | ||||||
16 | education class or attend substance
abuse self-help meetings in | ||||||
17 | lieu of a substance abuse treatment program. A prisoner on a | ||||||
18 | waiting list who is not placed in a substance abuse program | ||||||
19 | prior to release may be eligible for a waiver and receive | ||||||
20 | sentence credit under clause (3) of this subsection (a) at the | ||||||
21 | discretion of the Director.
| ||||||
22 | (4.6) The rules and regulations on sentence credit shall | ||||||
23 | also provide that a prisoner who has been convicted of a sex | ||||||
24 | offense as defined in Section 2 of the Sex Offender | ||||||
25 | Registration Act shall receive no sentence credit unless he or | ||||||
26 | she either has successfully completed or is participating in |
| |||||||
| |||||||
1 | sex offender treatment as defined by the Sex Offender | ||||||
2 | Management Board. However, prisoners who are waiting to receive | ||||||
3 | treatment, but who are unable to do so due solely to the lack | ||||||
4 | of resources on the part of the Department, may, at the | ||||||
5 | Director's sole discretion, be awarded sentence credit at a | ||||||
6 | rate as the Director shall determine. | ||||||
7 | (4.7) On or after the effective date of this amendatory Act | ||||||
8 | of the 100th General Assembly, sentence credit under paragraph | ||||||
9 | (3), (4), or (4.1) of this subsection (a) may be awarded to a | ||||||
10 | prisoner who is serving a sentence for an offense described in | ||||||
11 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||||||
12 | on or after the effective date of this amendatory Act of the | ||||||
13 | 100th General Assembly; provided, the award of the credits | ||||||
14 | under this paragraph (4.7) shall not reduce the sentence of the | ||||||
15 | prisoner to less than the following amounts: | ||||||
16 | (i) 85% of his or her sentence if the prisoner is | ||||||
17 | required to serve 85% of his or her sentence; or | ||||||
18 | (ii) 60% of his or her sentence if the prisoner is | ||||||
19 | required to serve 75% of his or her sentence. | ||||||
20 | This paragraph (4.7) shall not apply to a prisoner serving | ||||||
21 | a sentence for an offense described in subparagraph (i) of | ||||||
22 | paragraph (2) of this subsection (a). | ||||||
23 | (5) Whenever the Department is to release any inmate | ||||||
24 | earlier than it
otherwise would because of a grant of sentence | ||||||
25 | credit for good conduct under paragraph (3) of subsection (a) | ||||||
26 | of this Section given at any time during the term, the |
| |||||||
| |||||||
1 | Department shall give
reasonable notice of the impending | ||||||
2 | release not less than 14 days prior to the date of the release | ||||||
3 | to the State's
Attorney of the county where the prosecution of | ||||||
4 | the inmate took place, and if applicable, the State's Attorney | ||||||
5 | of the county into which the inmate will be released. The | ||||||
6 | Department must also make identification information and a | ||||||
7 | recent photo of the inmate being released accessible on the | ||||||
8 | Internet by means of a hyperlink labeled "Community | ||||||
9 | Notification of Inmate Early Release" on the Department's World | ||||||
10 | Wide Web homepage.
The identification information shall | ||||||
11 | include the inmate's: name, any known alias, date of birth, | ||||||
12 | physical characteristics, commitment offense and county where | ||||||
13 | conviction was imposed. The identification information shall | ||||||
14 | be placed on the website within 3 days of the inmate's release | ||||||
15 | and the information may not be removed until either: completion | ||||||
16 | of the first year of mandatory supervised release or return of | ||||||
17 | the inmate to custody of the Department.
| ||||||
18 | (b) Whenever a person is or has been committed under
| ||||||
19 | several convictions, with separate sentences, the sentences
| ||||||
20 | shall be construed under Section 5-8-4 in granting and
| ||||||
21 | forfeiting of sentence credit.
| ||||||
22 | (c) The Department shall prescribe rules and regulations
| ||||||
23 | for revoking sentence credit, including revoking sentence | ||||||
24 | credit awarded for good conduct under paragraph (3) of | ||||||
25 | subsection (a) of this Section. The Department shall prescribe | ||||||
26 | rules and regulations for suspending or reducing
the rate of |
| |||||||
| |||||||
1 | accumulation of sentence credit for specific
rule violations, | ||||||
2 | during imprisonment. These rules and regulations
shall provide | ||||||
3 | that no inmate may be penalized more than one
year of sentence | ||||||
4 | credit for any one infraction.
| ||||||
5 | When the Department seeks to revoke, suspend or reduce
the | ||||||
6 | rate of accumulation of any sentence credits for
an alleged | ||||||
7 | infraction of its rules, it shall bring charges
therefor | ||||||
8 | against the prisoner sought to be so deprived of
sentence | ||||||
9 | credits before the Prisoner Review Board as
provided in | ||||||
10 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
11 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
12 | month period, the cumulative amount of
credit revoked exceeds | ||||||
13 | 30 days except where the infraction is committed
or discovered | ||||||
14 | within 60 days of scheduled release. In those cases,
the | ||||||
15 | Department of Corrections may revoke up to 30 days of sentence | ||||||
16 | credit.
The Board may subsequently approve the revocation of | ||||||
17 | additional sentence credit, if the Department seeks to revoke | ||||||
18 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
19 | not be empowered to review the
Department's decision with | ||||||
20 | respect to the loss of 30 days of sentence
credit within any | ||||||
21 | calendar year for any prisoner or to increase any penalty
| ||||||
22 | beyond the length requested by the Department.
| ||||||
23 | The Director of the Department of Corrections, in | ||||||
24 | appropriate cases, may
restore up to 30 days of sentence | ||||||
25 | credits which have been revoked, suspended
or reduced. Any | ||||||
26 | restoration of sentence credits in excess of 30 days shall
be |
| |||||||
| |||||||
1 | subject to review by the Prisoner Review Board. However, the | ||||||
2 | Board may not
restore sentence credit in excess of the amount | ||||||
3 | requested by the Director.
| ||||||
4 | Nothing contained in this Section shall prohibit the | ||||||
5 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
6 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
7 | sentence imposed by the court that was not served due to the
| ||||||
8 | accumulation of sentence credit.
| ||||||
9 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
10 | federal court
against the State, the Department of Corrections, | ||||||
11 | or the Prisoner Review Board,
or against any of
their officers | ||||||
12 | or employees, and the court makes a specific finding that a
| ||||||
13 | pleading, motion, or other paper filed by the prisoner is | ||||||
14 | frivolous, the
Department of Corrections shall conduct a | ||||||
15 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
16 | charges against the prisoner
sought to be deprived of the | ||||||
17 | sentence credits before the Prisoner Review
Board as provided | ||||||
18 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
19 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
20 | time of the finding, then the Prisoner Review Board may revoke | ||||||
21 | all
sentence credit accumulated by the prisoner.
| ||||||
22 | For purposes of this subsection (d):
| ||||||
23 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
24 | filing which
purports to be a legal document filed by a | ||||||
25 | prisoner in his or her lawsuit meets
any or all of the | ||||||
26 | following criteria:
|
| |||||||
| |||||||
1 | (A) it lacks an arguable basis either in law or in | ||||||
2 | fact;
| ||||||
3 | (B) it is being presented for any improper purpose, | ||||||
4 | such as to harass or
to cause unnecessary delay or | ||||||
5 | needless increase in the cost of litigation;
| ||||||
6 | (C) the claims, defenses, and other legal | ||||||
7 | contentions therein are not
warranted by existing law | ||||||
8 | or by a nonfrivolous argument for the extension,
| ||||||
9 | modification, or reversal of existing law or the | ||||||
10 | establishment of new law;
| ||||||
11 | (D) the allegations and other factual contentions | ||||||
12 | do not have
evidentiary
support or, if specifically so | ||||||
13 | identified, are not likely to have evidentiary
support | ||||||
14 | after a reasonable opportunity for further | ||||||
15 | investigation or discovery;
or
| ||||||
16 | (E) the denials of factual contentions are not | ||||||
17 | warranted on the
evidence, or if specifically so | ||||||
18 | identified, are not reasonably based on a lack
of | ||||||
19 | information or belief.
| ||||||
20 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
21 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
22 | action under
Article X of the Code of Civil Procedure or | ||||||
23 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
24 | under the Court of Claims Act, an action under the
federal | ||||||
25 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
26 | subsequent petition for post-conviction relief under |
| |||||||
| |||||||
1 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
2 | whether filed with or without leave of court or a second or | ||||||
3 | subsequent petition for relief from judgment under Section | ||||||
4 | 2-1401 of the Code of Civil Procedure.
| ||||||
5 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
6 | validity of Public Act 89-404.
| ||||||
7 | (f) Whenever the Department is to release any inmate who | ||||||
8 | has been convicted of a violation of an order of protection | ||||||
9 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
10 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
11 | because of a grant of sentence credit, the Department, as a | ||||||
12 | condition of release, shall require that the person, upon | ||||||
13 | release, be placed under electronic surveillance as provided in | ||||||
14 | Section 5-8A-7 of this Code. | ||||||
15 | (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, | ||||||
16 | eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
17 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
18 | Sec. 5-4-1. Sentencing Hearing.
| ||||||
19 | (a) Except when the death penalty is
sought under hearing | ||||||
20 | procedures otherwise specified, after a
determination of | ||||||
21 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
22 | prior to the imposition of sentence on an individual being
| ||||||
23 | sentenced for an offense based upon a charge for a violation of | ||||||
24 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
25 | provision of a local
ordinance, the individual must undergo a |
| |||||||
| |||||||
1 | professional evaluation to
determine if an alcohol or other | ||||||
2 | drug abuse problem exists and the extent
of such a problem. | ||||||
3 | Programs conducting these evaluations shall be
licensed by the | ||||||
4 | Department of Human Services. However, if the individual is
not | ||||||
5 | a resident of Illinois, the court
may, in its discretion, | ||||||
6 | accept an evaluation from a program in the state of
such | ||||||
7 | individual's residence. The court may in its sentencing order | ||||||
8 | approve an
eligible defendant for placement in a Department of | ||||||
9 | Corrections impact
incarceration program as provided in | ||||||
10 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
11 | order recommend a defendant for placement in a Department of | ||||||
12 | Corrections substance abuse treatment program as provided in | ||||||
13 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
14 | upon the defendant being accepted in a program by the | ||||||
15 | Department of Corrections. At the
hearing the court
shall:
| ||||||
16 | (1) consider the evidence, if any, received upon the | ||||||
17 | trial;
| ||||||
18 | (2) consider any presentence reports;
| ||||||
19 | (3) consider the financial impact of incarceration | ||||||
20 | based on the
financial impact statement filed with the | ||||||
21 | clerk of the court by the
Department of Corrections;
| ||||||
22 | (4) consider evidence and information offered by the | ||||||
23 | parties in
aggravation and mitigation; | ||||||
24 | (4.5) consider substance abuse treatment, eligibility | ||||||
25 | screening, and an assessment, if any, of the defendant by | ||||||
26 | an agent designated by the State of Illinois to provide |
| |||||||
| |||||||
1 | assessment services for the Illinois courts;
| ||||||
2 | (5) hear arguments as to sentencing alternatives;
| ||||||
3 | (6) afford the defendant the opportunity to make a | ||||||
4 | statement in his
own behalf;
| ||||||
5 | (7) afford the victim of a violent crime or a violation | ||||||
6 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
7 | similar provision of a local
ordinance, or a qualified | ||||||
8 | individual affected by: (i) a violation of Section
405, | ||||||
9 | 405.1, 405.2, or 407 of the Illinois Controlled Substances | ||||||
10 | Act or a violation of Section 55 or Section 65 of the | ||||||
11 | Methamphetamine Control and Community Protection Act,
or | ||||||
12 | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 | ||||||
13 | except as described in subdivisions (a)(2)(A) and | ||||||
14 | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
16 | committed by the defendant the opportunity to make a | ||||||
17 | statement
concerning the impact on the victim and to offer | ||||||
18 | evidence in aggravation or
mitigation; provided that the | ||||||
19 | statement and evidence offered in aggravation
or | ||||||
20 | mitigation must first be prepared in writing in conjunction | ||||||
21 | with the
State's Attorney before it may be presented orally | ||||||
22 | at the hearing. Any
sworn testimony offered by the victim | ||||||
23 | is subject to the defendant's right
to cross-examine. All | ||||||
24 | statements and evidence offered under this paragraph
(7) | ||||||
25 | shall become part of the record of the court. For the | ||||||
26 | purpose of this
paragraph (7), "qualified individual" |
| |||||||
| |||||||
1 | means any person who (i) lived or worked
within the | ||||||
2 | territorial jurisdiction where the offense took place when | ||||||
3 | the
offense took place;
and (ii) is familiar with various | ||||||
4 | public places within the territorial
jurisdiction where
| ||||||
5 | the offense took place when the offense took place. For the | ||||||
6 | purposes of
this paragraph (7), "qualified individual" | ||||||
7 | includes any peace officer,
or any member of any duly | ||||||
8 | organized State, county, or municipal peace unit
assigned | ||||||
9 | to the territorial jurisdiction where the offense took | ||||||
10 | place when the
offense took
place;
| ||||||
11 | (8) in cases of reckless homicide afford the victim's | ||||||
12 | spouse,
guardians, parents or other immediate family | ||||||
13 | members an opportunity to make
oral statements;
| ||||||
14 | (9) in cases involving a felony sex offense as defined | ||||||
15 | under the Sex
Offender
Management Board Act, consider the | ||||||
16 | results of the sex offender evaluation
conducted pursuant | ||||||
17 | to Section 5-3-2 of this Act; and
| ||||||
18 | (10) make a finding of whether a motor vehicle was used | ||||||
19 | in the commission of the offense for which the defendant is | ||||||
20 | being sentenced. | ||||||
21 | (b) All sentences shall be imposed by the judge based upon | ||||||
22 | his
independent assessment of the elements specified above and | ||||||
23 | any agreement
as to sentence reached by the parties. The judge | ||||||
24 | who presided at the
trial or the judge who accepted the plea of | ||||||
25 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
26 | as a judge in that court. Where
the judge does not impose |
| |||||||
| |||||||
1 | sentence at the same time on all defendants
who are convicted | ||||||
2 | as a result of being involved in the same offense, the
| ||||||
3 | defendant or the State's Attorney may advise the sentencing | ||||||
4 | court of the
disposition of any other defendants who have been | ||||||
5 | sentenced.
| ||||||
6 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
7 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
8 | sentence of probation or conditional discharge is an available | ||||||
9 | sentence, if the defendant has no prior sentence of probation | ||||||
10 | or conditional discharge and no prior conviction for a violent | ||||||
11 | crime, the defendant shall not be sentenced to imprisonment | ||||||
12 | before review and consideration of a presentence report and | ||||||
13 | determination and explanation of why the particular evidence, | ||||||
14 | information, factor in aggravation, factual finding, or other | ||||||
15 | reasons support a sentencing determination that one or more of | ||||||
16 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
17 | apply and that probation or conditional discharge is not an | ||||||
18 | appropriate sentence. | ||||||
19 | (c) In imposing a sentence for a violent crime or for an | ||||||
20 | offense of
operating or being in physical control of a vehicle | ||||||
21 | while under the
influence of alcohol, any other drug or any | ||||||
22 | combination thereof, or a
similar provision of a local | ||||||
23 | ordinance, when such offense resulted in the
personal injury to | ||||||
24 | someone other than the defendant, the trial judge shall
specify | ||||||
25 | on the record the particular evidence, information, factors in
| ||||||
26 | mitigation and aggravation or other reasons that led to his |
| |||||||
| |||||||
1 | sentencing
determination. The full verbatim record of the | ||||||
2 | sentencing hearing shall be
filed with the clerk of the court | ||||||
3 | and shall be a public record.
| ||||||
4 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
5 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
6 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
7 | firearm, or armed violence with a category I weapon
or category | ||||||
8 | II weapon,
the trial judge shall make a finding as to whether | ||||||
9 | the conduct leading to
conviction for the offense resulted in | ||||||
10 | great bodily harm to a victim, and
shall enter that finding and | ||||||
11 | the basis for that finding in the record.
| ||||||
12 | (c-2) If the defendant is sentenced to prison, other than | ||||||
13 | when a sentence of
natural life imprisonment or a sentence of | ||||||
14 | death is imposed, at the time
the sentence is imposed the judge | ||||||
15 | shall
state on the record in open court the approximate period | ||||||
16 | of time the defendant
will serve in custody according to the | ||||||
17 | then current statutory rules and
regulations for sentence | ||||||
18 | credit found in Section 3-6-3 and other related
provisions of | ||||||
19 | this Code. This statement is intended solely to inform the
| ||||||
20 | public, has no legal effect on the defendant's actual release, | ||||||
21 | and may not be
relied on by the defendant on appeal.
| ||||||
22 | The judge's statement, to be given after pronouncing the | ||||||
23 | sentence, other than
when the sentence is imposed for one of | ||||||
24 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
25 | shall include the following:
| ||||||
26 | "The purpose of this statement is to inform the public of |
| |||||||
| |||||||
1 | the actual period
of time this defendant is likely to spend in | ||||||
2 | prison as a result of this
sentence. The actual period of | ||||||
3 | prison time served is determined by the
statutes of Illinois as | ||||||
4 | applied to this sentence by the Illinois Department of
| ||||||
5 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
6 | case, assuming the defendant
receives all of his or her | ||||||
7 | sentence credit, the period of estimated actual
custody is ... | ||||||
8 | years and ... months, less up to 180 days additional sentence | ||||||
9 | credit for good conduct. If the defendant, because of his or
| ||||||
10 | her own misconduct or failure to comply with the institutional | ||||||
11 | regulations,
does not receive those credits, the actual time | ||||||
12 | served in prison will be
longer. The defendant may also receive | ||||||
13 | an additional one-half day sentence
credit for each day of | ||||||
14 | participation in vocational, industry, substance abuse,
and | ||||||
15 | educational programs as provided for by Illinois statute."
| ||||||
16 | When the sentence is imposed for one of the offenses | ||||||
17 | enumerated in paragraph
(a)(3) of Section 3-6-3 , other than | ||||||
18 | when the sentence is imposed for one of the
offenses enumerated | ||||||
19 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
20 | 19, 1998, and other than when the sentence is imposed for
| ||||||
21 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
22 | of the Criminal
Code of 1961 or the Criminal Code of 2012 if | ||||||
23 | the offense was committed on or after January 1, 1999, and
| ||||||
24 | other than when the sentence is imposed for aggravated arson if | ||||||
25 | the offense was
committed on or after July 27, 2001 (the | ||||||
26 | effective date of Public Act
92-176), and
other than when the |
| |||||||
| |||||||
1 | sentence is imposed for aggravated driving under the influence | ||||||
2 | of alcohol,
other drug or drugs, or intoxicating compound or | ||||||
3 | compounds, or any combination
thereof as defined in | ||||||
4 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
5 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
6 | January 1, 2011 (the effective date of Public Act 96-1230), the
| ||||||
7 | judge's statement, to be given after pronouncing the sentence, | ||||||
8 | shall include
the following:
| ||||||
9 | "The purpose of this statement is to inform the public of | ||||||
10 | the actual period
of time this defendant is likely to spend in | ||||||
11 | prison as a result of this
sentence. The actual period of | ||||||
12 | prison time served is determined by the
statutes of Illinois as | ||||||
13 | applied to this sentence by the Illinois Department of
| ||||||
14 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
15 | case,
assuming the defendant
receives all of his or her | ||||||
16 | sentence credit, the period of estimated actual
custody is ... | ||||||
17 | years and ... months , less up to 90 days additional sentence | ||||||
18 | credit for good conduct . If the defendant, because of his or
| ||||||
19 | her own misconduct or failure to comply with the institutional | ||||||
20 | regulations,
does not receive those credits, the actual time | ||||||
21 | served in prison will be
longer. The defendant may also receive | ||||||
22 | an additional one-half day sentence
credit for each day of | ||||||
23 | participation in vocational, industry, substance abuse,
and | ||||||
24 | educational programs as provided for by Illinois statute."
| ||||||
25 | When the sentence is imposed for one of the offenses | ||||||
26 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than |
| |||||||
| |||||||
1 | first degree murder, and the offense was
committed on or after | ||||||
2 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
3 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
4 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
5 | offense was committed on or after January 1, 1999,
and when the | ||||||
6 | sentence is imposed for aggravated driving under the influence
| ||||||
7 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
8 | compounds, or
any combination thereof as defined in | ||||||
9 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
10 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
11 | imposed for aggravated arson if the offense was committed
on or | ||||||
12 | after July 27, 2001 (the effective date of Public Act 92-176), | ||||||
13 | and when
the sentence is imposed for aggravated driving under | ||||||
14 | the influence of alcohol,
other drug or drugs, or intoxicating | ||||||
15 | compound or compounds, or any combination
thereof as defined in | ||||||
16 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
17 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
18 | January 1, 2011 (the effective date of Public Act 96-1230), the | ||||||
19 | judge's
statement, to be given after pronouncing the sentence, | ||||||
20 | shall include the
following:
| ||||||
21 | "The purpose of this statement is to inform the public of | ||||||
22 | the actual period
of time this defendant is likely to spend in | ||||||
23 | prison as a result of this
sentence. The actual period of | ||||||
24 | prison time served is determined by the
statutes of Illinois as | ||||||
25 | applied to this sentence by the Illinois Department of
| ||||||
26 | Corrections and
the Illinois Prisoner Review Board. In this |
| |||||||
| |||||||
1 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
2 | sentence credit for
each month of his or her sentence of | ||||||
3 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
4 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
5 | days credit for each month of his or her sentence, the period
| ||||||
6 | of estimated actual custody is ... years and ... months , less | ||||||
7 | up to 180 days additional sentence credit for good conduct . The | ||||||
8 | defendant may also receive an additional one-half day sentence
| ||||||
9 | credit for each day of participation in vocational, industry, | ||||||
10 | substance abuse,
and educational programs earned on or after | ||||||
11 | January 1, 2019 as provided for by Illinois statute and subject | ||||||
12 | to the limitations of Illinois statute. Assuming the defendant
| ||||||
13 | receives the credit, the period
of estimated actual custody | ||||||
14 | would be reduced by the credit. However, the credit may not | ||||||
15 | reduce time served to less than the amount set forth in | ||||||
16 | paragraph (4.7) of subsection (a) of Section 3-6-3. If the | ||||||
17 | defendant,
because of his or her own misconduct or failure to | ||||||
18 | comply with the
institutional regulations receives lesser | ||||||
19 | credit, the actual time served in
prison will be longer."
| ||||||
20 | When a sentence of imprisonment is imposed for first degree | ||||||
21 | murder and
the offense was committed on or after June 19, 1998, | ||||||
22 | the judge's statement,
to be given after pronouncing the | ||||||
23 | sentence, shall include the following:
| ||||||
24 | "The purpose of this statement is to inform the public of | ||||||
25 | the actual period
of time this defendant is likely to spend in | ||||||
26 | prison as a result of this
sentence. The actual period of |
| |||||||
| |||||||
1 | prison time served is determined by the
statutes of Illinois as | ||||||
2 | applied to this sentence by the Illinois Department
of | ||||||
3 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
4 | case, the
defendant is not entitled to sentence credit earned | ||||||
5 | before January 1, 2019 . The defendant is entitled to earn 10% | ||||||
6 | sentence credit for credits earned on or after January 1, 2019 | ||||||
7 | and up to 180 days of additional sentence credit for good | ||||||
8 | conduct. If the defendant,
because of his or her own misconduct | ||||||
9 | or failure to comply with the
institutional regulations | ||||||
10 | receives lesser credit, the actual time served in
prison will | ||||||
11 | be longer. Therefore, this defendant
will serve at least 90% of | ||||||
12 | his or her sentence. However, the credit may not reduce time | ||||||
13 | served to less than the amount set forth in paragraph (4.7) of | ||||||
14 | subsection (a) of Section 3-6-3 Therefore, this defendant
will | ||||||
15 | serve 100% of his or her sentence ."
| ||||||
16 | When the sentencing order recommends placement in a | ||||||
17 | substance abuse program for any offense that results in | ||||||
18 | incarceration
in a Department of Corrections facility and the | ||||||
19 | crime was
committed on or after September 1, 2003 (the | ||||||
20 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
21 | addition to any other judge's statement required under this
| ||||||
22 | Section, to be given after pronouncing the sentence, shall | ||||||
23 | include the
following:
| ||||||
24 | "The purpose of this statement is to inform the public of
| ||||||
25 | the actual period of time this defendant is likely to spend in
| ||||||
26 | prison as a result of this sentence. The actual period of
|
| |||||||
| |||||||
1 | prison time served is determined by the statutes of Illinois as
| ||||||
2 | applied to this sentence by the Illinois Department of
| ||||||
3 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
4 | case, the defendant shall receive no sentence credit for good | ||||||
5 | conduct under clause (3) of subsection (a) of Section 3-6-3 | ||||||
6 | until he or
she participates in and completes a substance abuse | ||||||
7 | treatment program or receives a waiver from the Director of | ||||||
8 | Corrections pursuant to clause (4.5) of subsection (a) of | ||||||
9 | Section 3-6-3."
| ||||||
10 | (c-4) Before the sentencing hearing and as part of the | ||||||
11 | presentence investigation under Section 5-3-1, the court shall | ||||||
12 | inquire of the defendant whether the defendant is currently | ||||||
13 | serving in or is a veteran of the Armed Forces of the United | ||||||
14 | States.
If the defendant is currently serving in the Armed | ||||||
15 | Forces of the United States or is a veteran of the Armed Forces | ||||||
16 | of the United States and has been diagnosed as having a mental | ||||||
17 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
18 | physician, the court may: | ||||||
19 | (1) order that the officer preparing the presentence | ||||||
20 | report consult with the United States Department of | ||||||
21 | Veterans Affairs, Illinois Department of Veterans' | ||||||
22 | Affairs, or another agency or person with suitable | ||||||
23 | knowledge or experience for the purpose of providing the | ||||||
24 | court with information regarding treatment options | ||||||
25 | available to the defendant, including federal, State, and | ||||||
26 | local programming; and |
| |||||||
| |||||||
1 | (2) consider the treatment recommendations of any | ||||||
2 | diagnosing or treating mental health professionals | ||||||
3 | together with the treatment options available to the | ||||||
4 | defendant in imposing sentence. | ||||||
5 | For the purposes of this subsection (c-4), "qualified | ||||||
6 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
7 | to practice medicine in all its branches, who has specialized | ||||||
8 | in the diagnosis and treatment of mental and nervous disorders | ||||||
9 | for a period of not less than 5 years. | ||||||
10 | (c-6) In imposing a sentence, the trial judge shall | ||||||
11 | specify, on the record, the particular evidence and other | ||||||
12 | reasons which led to his or her determination that a motor | ||||||
13 | vehicle was used in the commission of the offense. | ||||||
14 | (d) When the defendant is committed to the Department of
| ||||||
15 | Corrections, the State's Attorney shall and counsel for the | ||||||
16 | defendant
may file a statement with the clerk of the court to | ||||||
17 | be transmitted to
the department, agency or institution to | ||||||
18 | which the defendant is
committed to furnish such department, | ||||||
19 | agency or institution with the
facts and circumstances of the | ||||||
20 | offense for which the person was
committed together with all | ||||||
21 | other factual information accessible to them
in regard to the | ||||||
22 | person prior to his commitment relative to his habits,
| ||||||
23 | associates, disposition and reputation and any other facts and
| ||||||
24 | circumstances which may aid such department, agency or | ||||||
25 | institution
during its custody of such person. The clerk shall | ||||||
26 | within 10 days after
receiving any such statements transmit a |
| |||||||
| |||||||
1 | copy to such department, agency
or institution and a copy to | ||||||
2 | the other party, provided, however, that
this shall not be | ||||||
3 | cause for delay in conveying the person to the
department, | ||||||
4 | agency or institution to which he has been committed.
| ||||||
5 | (e) The clerk of the court shall transmit to the | ||||||
6 | department,
agency or institution, if any, to which the | ||||||
7 | defendant is committed, the
following:
| ||||||
8 | (1) the sentence imposed;
| ||||||
9 | (2) any statement by the court of the basis for | ||||||
10 | imposing the sentence;
| ||||||
11 | (3) any presentence reports;
| ||||||
12 | (3.5) any sex offender evaluations;
| ||||||
13 | (3.6) any substance abuse treatment eligibility | ||||||
14 | screening and assessment of the defendant by an agent | ||||||
15 | designated by the State of Illinois to provide assessment | ||||||
16 | services for the Illinois courts;
| ||||||
17 | (4) the number of days, if any, which the defendant has | ||||||
18 | been in
custody and for which he is entitled to credit | ||||||
19 | against the sentence,
which information shall be provided | ||||||
20 | to the clerk by the sheriff;
| ||||||
21 | (4.1) any finding of great bodily harm made by the | ||||||
22 | court with respect
to an offense enumerated in subsection | ||||||
23 | (c-1);
| ||||||
24 | (5) all statements filed under subsection (d) of this | ||||||
25 | Section;
| ||||||
26 | (6) any medical or mental health records or summaries |
| |||||||
| |||||||
1 | of the defendant;
| ||||||
2 | (7) the municipality where the arrest of the offender | ||||||
3 | or the commission
of the offense has occurred, where such | ||||||
4 | municipality has a population of
more than 25,000 persons;
| ||||||
5 | (8) all statements made and evidence offered under | ||||||
6 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
7 | (9) all additional matters which the court directs the | ||||||
8 | clerk to
transmit.
| ||||||
9 | (f) In cases in which the court finds that a motor vehicle | ||||||
10 | was used in the commission of the offense for which the | ||||||
11 | defendant is being sentenced, the clerk of the court shall, | ||||||
12 | within 5 days thereafter, forward a report of such conviction | ||||||
13 | to the Secretary of State. | ||||||
14 | (Source: P.A. 99-861, eff. 1-1-17 .) | ||||||
15 | (730 ILCS 5/5-4.5-25) | ||||||
16 | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | ||||||
17 | felony: | ||||||
18 | (a) TERM. The sentence of imprisonment shall be a | ||||||
19 | determinate sentence of not less than 6 years and not more than | ||||||
20 | 30 years. The sentence of imprisonment for an extended term | ||||||
21 | Class X felony, as provided in Section 5-8-2 (730 ILCS | ||||||
22 | 5/5-8-2), shall be not less than 30 years and not more than 60 | ||||||
23 | years.
| ||||||
24 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
25 | shall not be imposed.
|
| |||||||
| |||||||
1 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
2 | or the county impact incarceration program is not an authorized | ||||||
3 | disposition.
| ||||||
4 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
5 | probation or conditional discharge shall not be imposed.
| ||||||
6 | (e) FINE. Fines may be imposed as provided in Section | ||||||
7 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
8 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
9 | concerning restitution.
| ||||||
10 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
11 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
12 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
13 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
14 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
15 | program.
| ||||||
16 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
17 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
18 | detention prior to judgment.
| ||||||
19 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
20 | for rules and regulations for sentence credit.
| ||||||
21 | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||||||
22 | 5/5-8A-3) concerning eligibility for electronic home | ||||||
23 | detention.
| ||||||
24 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
25 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
26 | 5/5-8-1), the parole or mandatory supervised release term shall |
| |||||||
| |||||||
1 | be 18 months 3 years upon release from imprisonment.
| ||||||
2 | (Source: P.A. 97-697, eff. 6-22-12.) | ||||||
3 | (730 ILCS 5/5-4.5-30) | ||||||
4 | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | ||||||
5 | felony: | ||||||
6 | (a) TERM. The sentence of imprisonment, other than for | ||||||
7 | second degree murder, shall be a determinate sentence of not | ||||||
8 | less than 4 years and not more than 15 years. The sentence of | ||||||
9 | imprisonment for second degree murder shall be a determinate | ||||||
10 | sentence of not less than 4 years and not more than 20 years. | ||||||
11 | The sentence of imprisonment for an extended term Class 1 | ||||||
12 | felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall | ||||||
13 | be a term not less than 15 years and not more than 30 years.
| ||||||
14 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
15 | imprisonment shall be for a definite term of from 3 to 4 years, | ||||||
16 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
17 | ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
18 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
19 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
20 | the impact incarceration program or the county impact | ||||||
21 | incarceration program.
| ||||||
22 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
23 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
24 | period of probation or conditional discharge shall not exceed 4 | ||||||
25 | years. The court shall specify the conditions of probation or |
| |||||||
| |||||||
1 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
2 | 5/5-6-3). In no case shall an offender be eligible for a | ||||||
3 | disposition of probation or conditional discharge for a Class 1 | ||||||
4 | felony committed while he or she was serving a term of | ||||||
5 | probation or conditional discharge for a felony.
| ||||||
6 | (e) FINE. Fines may be imposed as provided in Section | ||||||
7 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
8 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
9 | concerning restitution.
| ||||||
10 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
11 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
12 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
13 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
14 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
15 | program.
| ||||||
16 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
17 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
18 | detention prior to judgment.
| ||||||
19 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
20 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
21 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
22 | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||||||
23 | 5/5-8A-3) concerning eligibility for electronic home | ||||||
24 | detention.
| ||||||
25 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
26 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or |
| |||||||
| |||||||
1 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
2 | be 18 months 2 years upon release from imprisonment.
| ||||||
3 | (Source: P.A. 97-697, eff. 6-22-12.) | ||||||
4 | (730 ILCS 5/5-4.5-35) | ||||||
5 | Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 | ||||||
6 | felony: | ||||||
7 | (a) TERM. The sentence of imprisonment shall be a | ||||||
8 | determinate sentence of not less than 3 years and not more than | ||||||
9 | 7 years. The sentence of imprisonment for an extended term | ||||||
10 | Class 2 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
11 | 5/5-8-2), shall be a term not less than 7 years and not more | ||||||
12 | than 14 years.
| ||||||
13 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
14 | imprisonment shall be for a definite term of from 18 to 30 | ||||||
15 | months, except as otherwise provided in Section 5-5-3 or 5-7-1 | ||||||
16 | (730 ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
17 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
18 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
19 | the impact incarceration program or the county impact | ||||||
20 | incarceration program.
| ||||||
21 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
22 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
23 | period of probation or conditional discharge shall not exceed 4 | ||||||
24 | years. The court shall specify the conditions of probation or | ||||||
25 | conditional discharge as set forth in Section 5-6-3 (730 ILCS |
| |||||||
| |||||||
1 | 5/5-6-3).
| ||||||
2 | (e) FINE. Fines may be imposed as provided in Section | ||||||
3 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
4 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
5 | concerning restitution.
| ||||||
6 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
7 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
8 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
9 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
10 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
11 | program.
| ||||||
12 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
13 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
14 | detention prior to judgment.
| ||||||
15 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
16 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
17 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
18 | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||||||
19 | 5/5-8A-3) concerning eligibility for electronic home | ||||||
20 | detention.
| ||||||
21 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
22 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
23 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
24 | be 18 months 2 years upon release from imprisonment.
| ||||||
25 | (Source: P.A. 97-697, eff. 6-22-12.) |
| |||||||
| |||||||
1 | (730 ILCS 5/5-4.5-95) | ||||||
2 | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | ||||||
3 | (a) HABITUAL CRIMINALS. | ||||||
4 | (1) Every person who has been twice convicted in any | ||||||
5 | state or federal court of an offense that contains the same | ||||||
6 | elements as an offense now (the date of the offense | ||||||
7 | committed after the 2 prior convictions) classified in | ||||||
8 | Illinois as a Class X felony, criminal sexual assault, | ||||||
9 | aggravated kidnapping, or first degree murder, and who is | ||||||
10 | thereafter convicted of a Class X felony, criminal sexual | ||||||
11 | assault, or first degree murder, committed after the 2 | ||||||
12 | prior convictions, shall be adjudged an habitual criminal. | ||||||
13 | (2) The 2 prior convictions need not have been for the | ||||||
14 | same offense. | ||||||
15 | (3) Any convictions that result from or are connected | ||||||
16 | with the same transaction, or result from offenses | ||||||
17 | committed at the same time, shall be counted for the | ||||||
18 | purposes of this Section as one conviction. | ||||||
19 | (4) This Section does not apply unless each of the | ||||||
20 | following requirements are satisfied: | ||||||
21 | (A) The third offense was committed after July 3, | ||||||
22 | 1980. | ||||||
23 | (B) The third offense was committed within 20 years | ||||||
24 | of the date that judgment was entered on the first | ||||||
25 | conviction; provided, however, that time spent in | ||||||
26 | custody shall not be counted. |
| |||||||
| |||||||
1 | (C) The third offense was committed after | ||||||
2 | conviction on the second offense. | ||||||
3 | (D) The second offense was committed after | ||||||
4 | conviction on the first offense. | ||||||
5 | (5) Anyone who, having attained the age of 18 at the | ||||||
6 | time of the third offense, is adjudged an habitual criminal | ||||||
7 | shall be sentenced to a term of natural life imprisonment. | ||||||
8 | (6) A prior conviction shall not be alleged in the | ||||||
9 | indictment, and no evidence or other disclosure of that | ||||||
10 | conviction shall be presented to the court or the jury | ||||||
11 | during the trial of an offense set forth in this Section | ||||||
12 | unless otherwise permitted by the issues properly raised in | ||||||
13 | that trial. After a plea or verdict or finding of guilty | ||||||
14 | and before sentence is imposed, the prosecutor may file | ||||||
15 | with the court a verified written statement signed by the | ||||||
16 | State's Attorney concerning any former conviction of an | ||||||
17 | offense set forth in this Section rendered against the | ||||||
18 | defendant. The court shall then cause the defendant to be | ||||||
19 | brought before it; shall inform the defendant of the | ||||||
20 | allegations of the statement so filed, and of his or her | ||||||
21 | right to a hearing before the court on the issue of that | ||||||
22 | former conviction and of his or her right to counsel at | ||||||
23 | that hearing; and unless the defendant admits such | ||||||
24 | conviction, shall hear and determine the issue, and shall | ||||||
25 | make a written finding thereon. If a sentence has | ||||||
26 | previously been imposed, the court may vacate that sentence |
| |||||||
| |||||||
1 | and impose a new sentence in accordance with this Section. | ||||||
2 | (7) A duly authenticated copy of the record of any | ||||||
3 | alleged former conviction of an offense set forth in this | ||||||
4 | Section shall be prima facie evidence of that former | ||||||
5 | conviction; and a duly authenticated copy of the record of | ||||||
6 | the defendant's final release or discharge from probation | ||||||
7 | granted, or from sentence and parole supervision (if any) | ||||||
8 | imposed pursuant to that former conviction, shall be prima | ||||||
9 | facie evidence of that release or discharge. | ||||||
10 | (8) Any claim that a previous conviction offered by the | ||||||
11 | prosecution is not a former conviction of an offense set | ||||||
12 | forth in this Section because of the existence of any | ||||||
13 | exceptions described in this Section, is waived unless duly | ||||||
14 | raised at the hearing on that conviction, or unless the | ||||||
15 | prosecution's proof shows the existence of the exceptions | ||||||
16 | described in this Section. | ||||||
17 | (9) If the person so convicted shows to the | ||||||
18 | satisfaction of the court before whom that conviction was | ||||||
19 | had that he or she was released from imprisonment, upon | ||||||
20 | either of the sentences upon a pardon granted for the | ||||||
21 | reason that he or she was innocent, that conviction and | ||||||
22 | sentence shall not be considered under this Section.
| ||||||
23 | (b) When a defendant, over the age of 21 years, is | ||||||
24 | convicted of a Class 1 or Class 2 felony, except for an offense | ||||||
25 | listed in subsection (c) of this Section, after having twice | ||||||
26 | been convicted in any state or federal court of an offense that |
| |||||||
| |||||||
1 | contains the same elements as an offense now (the date the | ||||||
2 | Class 1 or Class 2 felony was committed) classified in Illinois | ||||||
3 | as a Class 2 or greater Class felony , except for an offense | ||||||
4 | listed in subsection (c) of this Section, and those charges are | ||||||
5 | separately brought and tried and arise out of different series | ||||||
6 | of acts, that defendant shall be sentenced as a Class X | ||||||
7 | offender. This subsection does not apply unless: | ||||||
8 | (1) the first felony was committed after February 1, | ||||||
9 | 1978 (the effective date of Public Act 80-1099); | ||||||
10 | (2) the second felony was committed after conviction on | ||||||
11 | the first; and | ||||||
12 | (3) the third felony was committed after conviction on | ||||||
13 | the second. | ||||||
14 | (c) Subsection (b) of this Section does not apply to Class | ||||||
15 | 1 or Class 2 felony convictions for a violation of: | ||||||
16 | (1) subsections (c) or (d) of Section 401, or | ||||||
17 | subsection (a) of Section 402 of the Illinois Controlled | ||||||
18 | Substances Act; | ||||||
19 | (2) Section 4 or Section 5 of the Cannabis Control Act; | ||||||
20 | (3) Section 16-1 of the Criminal Code of 2012. | ||||||
21 | A person sentenced as a Class X offender under this | ||||||
22 | subsection (b) is not eligible to apply for treatment as a | ||||||
23 | condition of probation as provided by Section 40-10 of the | ||||||
24 | Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS | ||||||
25 | 301/40-10).
| ||||||
26 | (Source: P.A. 99-69, eff. 1-1-16 .) |
| |||||||
| |||||||
1 | (730 ILCS 5/5-4.5-110 new) | ||||||
2 | Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH | ||||||
3 | PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. | ||||||
4 | (a) DEFINITIONS. For the purposes of this Section: | ||||||
5 | "Firearm" has the meaning ascribed to it in Section 1.1 | ||||||
6 | of the Firearm Owners Identification Card Act. | ||||||
7 | "Qualifying predicate offense" means the following | ||||||
8 | offenses under the Criminal Code of 2012: | ||||||
9 | (A) aggravated unlawful use of a weapon under | ||||||
10 | Section 24-1.6 or similar offense under the Criminal | ||||||
11 | Code of 1961, when the weapon is a firearm; | ||||||
12 | (B) unlawful use or possession of a weapon by a | ||||||
13 | felon under 24-1.1 or similar offense under the | ||||||
14 | Criminal Code of 1961, when the
weapon is a firearm; | ||||||
15 | (C) first degree murder under Section 9-1 or | ||||||
16 | similar offense under the Criminal Code of 1961; | ||||||
17 | (D) attempted first degree murder with a firearm or | ||||||
18 | similar offense under the Criminal Code of 1961; | ||||||
19 | (E) aggravated kidnapping with a firearm under | ||||||
20 | paragraph (6) or (7) of subsection (a) of Section 10-2 | ||||||
21 | or similar offense under the Criminal Code of 1961; | ||||||
22 | (F) aggravated battery with a firearm under | ||||||
23 | subsection (e) of Section 12-3.05 or similar offense | ||||||
24 | under the Criminal Code of 1961; | ||||||
25 | (G) aggravated criminal sexual assault under |
| |||||||
| |||||||
1 | Section 11-1.30 or similar offense under the Criminal | ||||||
2 | Code of 1961; | ||||||
3 | (H) predatory criminal sexual assault of a child | ||||||
4 | under Section 11-1.40 or similar offense under the | ||||||
5 | Criminal Code of 1961; | ||||||
6 | (I) armed robbery under Section 18-2 or similar | ||||||
7 | offense under the Criminal Code of 1961; | ||||||
8 | (J) vehicular hijacking under Section 18-3 or | ||||||
9 | similar offense under the Criminal Code of 1961; | ||||||
10 | (K) aggravated vehicular hijacking under Section | ||||||
11 | 18-4 or similar offense under the Criminal Code of | ||||||
12 | 1961; | ||||||
13 | (L) home invasion with a firearm under paragraph | ||||||
14 | (3), (4), or (5) of subsection (a) of Section 19-6 or | ||||||
15 | similar offense under the Criminal Code of 1961; | ||||||
16 | (M) aggravated discharge of a firearm under | ||||||
17 | Section 24-1.2 or similar offense under the Criminal | ||||||
18 | Code of 1961; | ||||||
19 | (N) aggravated discharge of a machine gun or a | ||||||
20 | firearm equipped with a device
designed or used for | ||||||
21 | silencing the report of a firearm under Section | ||||||
22 | 24-1.2-5 or similar offense under the Criminal Code of | ||||||
23 | 1961; | ||||||
24 | (0) unlawful use of firearm projectiles under | ||||||
25 | Section 24-2.1 or similar offense under the Criminal | ||||||
26 | Code of 1961; |
| |||||||
| |||||||
1 | (P) manufacture, sale, or transfer of bullets or | ||||||
2 | shells represented to be armor piercing
bullets, | ||||||
3 | dragon's breath shotgun shells, bolo shells, or | ||||||
4 | flechette shells under Section 24-2.2 or similar | ||||||
5 | offense under the Criminal Code of 1961; | ||||||
6 | (Q) unlawful sale or delivery of firearms under | ||||||
7 | Section 24-3 or similar offense under the Criminal Code | ||||||
8 | of 1961; | ||||||
9 | (R) unlawful discharge of firearm projectiles | ||||||
10 | under Section 24-3.2 or similar offense under the | ||||||
11 | Criminal Code of 1961; | ||||||
12 | (S) unlawful sale or delivery of firearms on school | ||||||
13 | premises of any school under Section 24-3.3 or similar | ||||||
14 | offense under the Criminal Code of 1961; | ||||||
15 | (T) unlawful purchase of a firearm under Section | ||||||
16 | 24-3.5 or similar offense under the Criminal Code of | ||||||
17 | 1961; | ||||||
18 | (U) use of a stolen firearm in the commission of an | ||||||
19 | offense under Section 24-3.7 or similar offense under | ||||||
20 | the Criminal Code of 1961; | ||||||
21 | (V) possession of a stolen firearm under Section | ||||||
22 | 24-3.8 or similar offense under the Criminal Code of | ||||||
23 | 1961; | ||||||
24 | (W) aggravated possession of a stolen firearm | ||||||
25 | under Section 24-3.9 or similar offense under the | ||||||
26 | Criminal Code of 1961; |
| |||||||
| |||||||
1 | (X) gunrunning under Section 24-3A or similar | ||||||
2 | offense under the Criminal Code of 1961; | ||||||
3 | (Y) defacing identification marks of firearms | ||||||
4 | under Section 24-5 or similar offense under the | ||||||
5 | Criminal Code of 1961; and | ||||||
6 | (Z) armed violence under Section 33A-2 or similar | ||||||
7 | offense under the Criminal Code of 1961. | ||||||
8 | (b) APPLICABILITY. On or after the effective date of this | ||||||
9 | amendatory Act of the 100th General Assembly, when a person is | ||||||
10 | convicted of unlawful use or possession of a weapon by a felon, | ||||||
11 | when the weapon is a firearm, or aggravated unlawful use of a | ||||||
12 | weapon, when the weapon is a firearm, after being previously | ||||||
13 | convicted of a qualifying predicate offense the person shall be | ||||||
14 | subject to the sentencing guidelines under this Section. | ||||||
15 | (c) SENTENCING GUIDELINES. | ||||||
16 | (1) When a person is convicted of unlawful use or | ||||||
17 | possession of a weapon by a felon, when the weapon is a | ||||||
18 | firearm, and that person has been previously convicted of a | ||||||
19 | qualifying predicate offense, the person shall be | ||||||
20 | sentenced to a term of imprisonment within the sentencing | ||||||
21 | range of not less than 7 years and not more than 14 years, | ||||||
22 | unless the court finds that a departure from the sentencing | ||||||
23 | guidelines under this paragraph is warranted under | ||||||
24 | subsection (d) of this Section. | ||||||
25 | (2) When a person is convicted of aggravated unlawful | ||||||
26 | use of a weapon, when the weapon is a firearm, and that |
| |||||||
| |||||||
1 | person has been previously convicted of a qualifying | ||||||
2 | predicate offense, the person shall be sentenced to a term | ||||||
3 | of imprisonment within the sentencing range of not less | ||||||
4 | than 6 years and not more than 7 years, unless the court | ||||||
5 | finds that a departure from the sentencing guidelines under | ||||||
6 | this paragraph is warranted under subsection (d) of this | ||||||
7 | Section. | ||||||
8 | (d) DEPARTURE FROM SENTENCING GUIDELINES. | ||||||
9 | (1) At the sentencing hearing conducted under Section | ||||||
10 | 5-4-1 of this Code, the court may depart from the
| ||||||
11 | sentencing guidelines provided in subsection (c) of this | ||||||
12 | Section and impose a sentence
otherwise authorized by law | ||||||
13 | for the offense if the court, after considering any factor | ||||||
14 | under paragraph (2) of this subsection (d) relevant to the | ||||||
15 | nature and
circumstances of the crime and to the history | ||||||
16 | and character of the defendant, finds on the record
| ||||||
17 | substantial and compelling justification that the sentence | ||||||
18 | within the sentencing guidelines would be unduly harsh and
| ||||||
19 | that a sentence otherwise authorized by law would be | ||||||
20 | consistent with public
safety and does not deprecate the | ||||||
21 | seriousness of the offense. | ||||||
22 | (2) In deciding whether to depart from the sentencing | ||||||
23 | guidelines under this paragraph, the court shall
consider: | ||||||
24 | (A) the age, immaturity, or limited mental | ||||||
25 | capacity of the defendant at the time of
commission of | ||||||
26 | the qualifying predicate or current offense, including |
| |||||||
| |||||||
1 | whether the defendant
was suffering from a mental or | ||||||
2 | physical condition insufficient to constitute a
| ||||||
3 | defense but significantly reduced the defendant's | ||||||
4 | culpability; | ||||||
5 | (B) the nature and circumstances of the qualifying | ||||||
6 | predicate offense; | ||||||
7 | (C) the time elapsed since the qualifying | ||||||
8 | predicate offense; | ||||||
9 | (D) the nature and circumstances of the current | ||||||
10 | offense; | ||||||
11 | (E) the defendant's prior criminal history; | ||||||
12 | (F) whether the defendant committed the qualifying | ||||||
13 | predicate or current offense under
specific and | ||||||
14 | credible duress, coercion, threat, or compulsion; | ||||||
15 | (G) whether the defendant aided in the | ||||||
16 | apprehension of another felon or testified
truthfully | ||||||
17 | on behalf of another prosecution of a felony; | ||||||
18 | (H) whether departure is in the interest of the | ||||||
19 | person's rehabilitation, including employment or | ||||||
20 | educational or vocational training, after taking into | ||||||
21 | account any past rehabilitation efforts or | ||||||
22 | dispositions of probation or supervision, and the | ||||||
23 | defendant's cooperation or response to rehabilitation; | ||||||
24 | and | ||||||
25 | (I) whether departure is in the interest of public | ||||||
26 | safety. |
| |||||||
| |||||||
1 | (3) When departing from the sentencing guidelines | ||||||
2 | under this Section, the court shall specify on the record, | ||||||
3 | the particular evidence, information, factor or factors, | ||||||
4 | or other reasons which led to the departure from the | ||||||
5 | sentencing guidelines. When departing from the sentencing | ||||||
6 | range in accordance with this subsection (d), the court | ||||||
7 | shall indicate on the sentencing order which departure | ||||||
8 | factor or factors outlined in paragraph (2) of this | ||||||
9 | subsection (d) led to the sentence imposed. The sentencing | ||||||
10 | order shall be filed with the clerk of the court and shall | ||||||
11 | be a public record. | ||||||
12 | (730 ILCS 5/5-6-3.3) | ||||||
13 | Sec. 5-6-3.3. Offender Initiative Program. | ||||||
14 | (a) Statement of purpose. The General Assembly seeks to
| ||||||
15 | continue other successful programs that promote public safety,
| ||||||
16 | conserve valuable resources, and reduce recidivism by
| ||||||
17 | defendants who can lead productive lives by creating the
| ||||||
18 | Offender Initiative Program. | ||||||
19 | (a-1) Whenever any person who has not previously been
| ||||||
20 | convicted of , or placed on probation or conditional discharge
| ||||||
21 | for, any felony offense under the laws of this State, the laws
| ||||||
22 | of any other state, or the laws of the United States, is
| ||||||
23 | arrested for and charged with a probationable felony offense of | ||||||
24 | theft, retail theft, forgery, possession of a stolen motor
| ||||||
25 | vehicle, burglary, possession of burglary tools, deceptive |
| |||||||
| |||||||
1 | practices, disorderly conduct, criminal damage or trespass to | ||||||
2 | property under Article 21 of the Criminal Code of 2012, | ||||||
3 | criminal trespass to a residence, obstructing justice, or an | ||||||
4 | offense involving fraudulent identification, or possession of
| ||||||
5 | cannabis, possession of a controlled substance, or possession
| ||||||
6 | of methamphetamine, the court, with the consent of the
| ||||||
7 | defendant and the State's Attorney, may continue this matter to
| ||||||
8 | allow a defendant to participate and complete the Offender
| ||||||
9 | Initiative Program. | ||||||
10 | (a-2) Exemptions. A defendant shall not be eligible for | ||||||
11 | this Program if the offense he or she has been arrested for and | ||||||
12 | charged with is a violent offense. For purposes of this
| ||||||
13 | Program, a "violent offense" is any offense where bodily harm
| ||||||
14 | was inflicted or where force was used against any person or
| ||||||
15 | threatened against any person, any offense involving sexual
| ||||||
16 | conduct, sexual penetration, or sexual exploitation, any
| ||||||
17 | offense of domestic violence, domestic battery, violation of an
| ||||||
18 | order of protection, stalking, hate crime, driving under the
| ||||||
19 | influence of drugs or alcohol, and any offense involving the
| ||||||
20 | possession of a firearm or dangerous weapon. A defendant shall
| ||||||
21 | not be eligible for this Program if he or she has previously
| ||||||
22 | been adjudicated a delinquent minor for the commission of a
| ||||||
23 | violent offense as defined in this subsection. | ||||||
24 | (b) When a defendant is placed in the Program, after both | ||||||
25 | the defendant and State's Attorney waive preliminary hearing | ||||||
26 | pursuant to Section 109-3 of the Code of Criminal Procedure of |
| |||||||
| |||||||
1 | 1963, the court
shall enter an order specifying that
the | ||||||
2 | proceedings shall be suspended while the defendant is | ||||||
3 | participating in a Program of not less 12 months. | ||||||
4 | (c) The conditions of the Program shall be that the
| ||||||
5 | defendant: | ||||||
6 | (1) not violate any criminal statute of this State or
| ||||||
7 | any other jurisdiction; | ||||||
8 | (2) refrain from possessing a firearm or other
| ||||||
9 | dangerous weapon; | ||||||
10 | (3) make full restitution to the victim or property
| ||||||
11 | owner pursuant to Section 5-5-6 of this Code; | ||||||
12 | (4) obtain employment or perform not less than 30 hours
| ||||||
13 | of community service, provided community service is
| ||||||
14 | available in the county and is funded and approved by the
| ||||||
15 | county board; and | ||||||
16 | (5) attend educational courses designed to prepare the
| ||||||
17 | defendant for obtaining a high school diploma or to work
| ||||||
18 | toward passing high school equivalency testing or to work | ||||||
19 | toward
completing a vocational training program. | ||||||
20 | (d) The court may, in addition to other conditions, require
| ||||||
21 | that the defendant: | ||||||
22 | (1) undergo medical or psychiatric treatment, or
| ||||||
23 | treatment or rehabilitation approved by the Illinois
| ||||||
24 | Department of Human Services; | ||||||
25 | (2) refrain from having in his or her body the presence
| ||||||
26 | of any illicit drug prohibited by the Methamphetamine
|
| |||||||
| |||||||
1 | Control and Community Protection Act, the Cannabis Control
| ||||||
2 | Act or the Illinois Controlled Substances Act, unless
| ||||||
3 | prescribed by a physician, and submit samples of his or her
| ||||||
4 | blood or urine or both for tests to determine the presence
| ||||||
5 | of any illicit drug; | ||||||
6 | (3) submit to periodic drug testing at a time, manner, | ||||||
7 | and frequency as ordered by the court; | ||||||
8 | (4) pay fines, fees and costs; and | ||||||
9 | (5) in addition, if a minor: | ||||||
10 | (i) reside with his or her parents or in a foster
| ||||||
11 | home; | ||||||
12 | (ii) attend school; | ||||||
13 | (iii) attend a non-residential program for youth;
| ||||||
14 | or | ||||||
15 | (iv) contribute to his or her own support at home
| ||||||
16 | or in a foster home. | ||||||
17 | (e) When the State's Attorney makes a factually specific | ||||||
18 | offer of proof that the defendant has failed to successfully | ||||||
19 | complete the Program or has violated any of the conditions of | ||||||
20 | the Program, the court shall enter an order that the defendant | ||||||
21 | has not successfully completed the Program and continue the | ||||||
22 | case for arraignment pursuant to Section 113-1 of the Code of | ||||||
23 | Criminal Procedure of 1963 for further proceedings as if the | ||||||
24 | defendant had not participated in the Program. | ||||||
25 | (f) Upon fulfillment of the terms and conditions of the
| ||||||
26 | Program, the State's Attorney shall dismiss the case or the |
| |||||||
| |||||||
1 | court shall discharge the person and dismiss the
proceedings | ||||||
2 | against the person. | ||||||
3 | (g) A person may only have There may be only one discharge | ||||||
4 | and dismissal under
this Section within a 4-year period with | ||||||
5 | respect to any person .
| ||||||
6 | (h) Notwithstanding subsection (a-1), if the court finds | ||||||
7 | that the defendant suffers from a substance abuse problem, then | ||||||
8 | before the person participates in the Program under this | ||||||
9 | Section, the court may refer the person to the drug court | ||||||
10 | established in that judicial circuit pursuant to Section 15 of | ||||||
11 | the Drug Court Treatment Act. The drug court team shall | ||||||
12 | evaluate the person's likelihood of successfully fulfilling | ||||||
13 | the terms and conditions of the Program under this Section and | ||||||
14 | shall report the results of its evaluation to the court. If the | ||||||
15 | drug court team finds that the person suffers from a substance | ||||||
16 | abuse problem that makes him or her substantially unlikely to | ||||||
17 | successfully fulfill the terms and conditions of the Program, | ||||||
18 | then the drug court shall set forth its findings in the form of | ||||||
19 | a written order, and the person shall be ineligible to | ||||||
20 | participate in the Program under this Section, but shall may be | ||||||
21 | considered for the drug court program. | ||||||
22 | (Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.) | ||||||
23 | (730 ILCS 5/5-6-3.4) | ||||||
24 | Sec. 5-6-3.4. Second Chance Probation. | ||||||
25 | (a) Whenever any person who has not previously been |
| |||||||
| |||||||
1 | convicted of , or placed on probation or conditional discharge | ||||||
2 | for, any felony offense under the laws of this State, the laws | ||||||
3 | of any other state, or the laws of the United States, including | ||||||
4 | probation under Section 410 of the Illinois Controlled | ||||||
5 | Substances Act, Section 70 of the Methamphetamine Control and | ||||||
6 | Community Protection Act, Section 10 of the Cannabis Control | ||||||
7 | Act, subsection (c) of Section 11-14 of the Criminal Code of | ||||||
8 | 2012, Treatment Alternatives for Criminal Justice Clients | ||||||
9 | (TASC) under Article 40 of the Alcoholism and Other Drug Abuse | ||||||
10 | and Dependency Act, or prior successful completion of the | ||||||
11 | Offender Initiative Program under Section 5-6-3.3 of this Code, | ||||||
12 | and pleads guilty to, or is found guilty of, a probationable | ||||||
13 | felony offense of possession of less than 15 grams of a | ||||||
14 | controlled substance that is punishable as a Class 4 felony ; | ||||||
15 | possession of
less than 15 grams of methamphetamine that is | ||||||
16 | punishable as a Class 4 felony ; or a probationable felony | ||||||
17 | offense of possession of cannabis, theft, retail theft, | ||||||
18 | forgery, deceptive practices, possession of a stolen motor | ||||||
19 | vehicle, burglary, possession of burglary tools, disorderly | ||||||
20 | conduct, criminal damage or trespass to property under Article | ||||||
21 | 21 of the Criminal Code of 2012, criminal trespass to a | ||||||
22 | residence, an offense involving fraudulent identification, or | ||||||
23 | obstructing justice; theft that is punishable as a Class 3 | ||||||
24 | felony based on the value of the property or punishable as a | ||||||
25 | Class 4 felony if the theft was committed in a school or place | ||||||
26 | of worship or if the theft was of governmental property; retail
|
| |||||||
| |||||||
1 | theft that is punishable as a Class 3 felony based on the value | ||||||
2 | of the property; criminal damage to property that is punishable | ||||||
3 | as a Class 4 felony; criminal damage to
government supported | ||||||
4 | property that is punishable as a Class 4 felony; or possession | ||||||
5 | of cannabis which is punishable as a Class 4 felony , the court, | ||||||
6 | with the consent of the defendant and the State's Attorney, | ||||||
7 | may, without entering a judgment, sentence the defendant to | ||||||
8 | probation under this Section. | ||||||
9 | (a-1) Exemptions. A defendant is not eligible for this | ||||||
10 | probation if the offense he or she pleads guilty to, or is | ||||||
11 | found guilty of, is a violent offense, or he or she has | ||||||
12 | previously been convicted of a violent offense. For purposes of | ||||||
13 | this probation, a "violent offense" is any offense where bodily | ||||||
14 | harm was inflicted or where force was used against any person | ||||||
15 | or threatened against any person, any offense involving sexual | ||||||
16 | conduct, sexual penetration, or sexual exploitation, any | ||||||
17 | offense of domestic violence, domestic battery, violation of an | ||||||
18 | order of protection, stalking, hate crime, driving under the | ||||||
19 | influence of drugs or alcohol, and any offense involving the | ||||||
20 | possession of a firearm or dangerous weapon. A defendant shall | ||||||
21 | not be eligible for this probation if he or she has previously | ||||||
22 | been adjudicated a delinquent minor for the commission of a | ||||||
23 | violent offense as defined in this subsection. | ||||||
24 | (b) When a defendant is placed on probation, the court | ||||||
25 | shall enter an order specifying a period of probation of not | ||||||
26 | less than 24 months and shall defer further proceedings in the |
| |||||||
| |||||||
1 | case until the conclusion of the period or until the filing of | ||||||
2 | a petition alleging violation of a term or condition of | ||||||
3 | probation. | ||||||
4 | (c) The conditions of probation shall be that the | ||||||
5 | defendant: | ||||||
6 | (1) not violate any criminal statute of this State or | ||||||
7 | any other jurisdiction; | ||||||
8 | (2) refrain from possessing a firearm or other | ||||||
9 | dangerous weapon; | ||||||
10 | (3) make full restitution to the victim or property | ||||||
11 | owner under Section 5-5-6 of this Code; | ||||||
12 | (4) obtain or attempt to obtain employment; | ||||||
13 | (5) pay fines and costs; | ||||||
14 | (6) attend educational courses designed to prepare the | ||||||
15 | defendant for obtaining a high school diploma or to work | ||||||
16 | toward passing high school equivalency testing or to work | ||||||
17 | toward completing a vocational training program; | ||||||
18 | (7) submit to periodic drug testing at a time and in a | ||||||
19 | manner as ordered by the court, but no less than 3 times | ||||||
20 | during the period of probation, with the cost of the | ||||||
21 | testing to be paid by the defendant; and | ||||||
22 | (8) perform a minimum of 30 hours of community service. | ||||||
23 | (d) The court may, in addition to other conditions, require | ||||||
24 | that the defendant: | ||||||
25 | (1) make a report to and appear in person before or | ||||||
26 | participate with the court or such courts, person, or |
| |||||||
| |||||||
1 | social service agency as directed by the court in the order | ||||||
2 | of probation; | ||||||
3 | (2) undergo medical or psychiatric treatment, or | ||||||
4 | treatment or rehabilitation approved by the Illinois | ||||||
5 | Department of Human Services; | ||||||
6 | (3) attend or reside in a facility established for the | ||||||
7 | instruction or residence of defendants on probation; | ||||||
8 | (4) support his or her dependents; or | ||||||
9 | (5) refrain from having in his or her body the presence | ||||||
10 | of any illicit drug prohibited by the Methamphetamine | ||||||
11 | Control and Community Protection Act, the Cannabis Control | ||||||
12 | Act, or the Illinois Controlled Substances Act, unless | ||||||
13 | prescribed by a physician, and submit samples of his or her | ||||||
14 | blood or urine or both for tests to determine the presence | ||||||
15 | of any illicit drug. | ||||||
16 | (e) Upon violation of a term or condition of probation, the | ||||||
17 | court may enter a judgment on its original finding of guilt and | ||||||
18 | proceed as otherwise provided by law. | ||||||
19 | (f) Upon fulfillment of the terms and conditions of | ||||||
20 | probation, the court shall discharge the person and dismiss the | ||||||
21 | proceedings against the person. | ||||||
22 | (g) A disposition of probation is considered to be a | ||||||
23 | conviction for the purposes of imposing the conditions of | ||||||
24 | probation and for appeal; however, a discharge and dismissal | ||||||
25 | under this Section is not a conviction for purposes of this | ||||||
26 | Code or for purposes of disqualifications or disabilities |
| |||||||
| |||||||
1 | imposed by law upon conviction of a crime. | ||||||
2 | (h) A person may only have There may be only one discharge | ||||||
3 | and dismissal under this Section within a 4-year period , | ||||||
4 | Section 410 of the Illinois Controlled Substances Act, Section | ||||||
5 | 70 of the Methamphetamine Control and Community Protection Act, | ||||||
6 | Section 10 of the Cannabis Control Act, Treatment Alternatives | ||||||
7 | for Criminal Justice Clients (TASC) under Article 40 of the | ||||||
8 | Alcoholism and Other Drug Abuse and Dependency Act, the | ||||||
9 | Offender Initiative Program under Section 5-6-3.3 of this Code, | ||||||
10 | and subsection (c) of Section 11-14 of the Criminal Code of | ||||||
11 | 2012 with respect to any person . | ||||||
12 | (i) If a person is convicted of any offense which occurred | ||||||
13 | within 5 years subsequent to a discharge and dismissal under | ||||||
14 | this Section, the discharge and dismissal under this Section | ||||||
15 | shall be admissible in the sentencing proceeding for that | ||||||
16 | conviction as evidence in aggravation.
| ||||||
17 | (j) Notwithstanding subsection (a), if the court finds that | ||||||
18 | the defendant suffers from a substance abuse problem, then | ||||||
19 | before the person is placed on probation under this Section, | ||||||
20 | the court may refer the person to the drug court established in | ||||||
21 | that judicial circuit pursuant to Section 15 of the Drug Court | ||||||
22 | Treatment Act. The drug court team shall evaluate the person's | ||||||
23 | likelihood of successfully fulfilling the terms and conditions | ||||||
24 | of probation under this Section and shall report the results of | ||||||
25 | its evaluation to the court. If the drug court team finds that | ||||||
26 | the person suffers from a substance abuse problem that makes |
| |||||||
| |||||||
1 | him or her substantially unlikely to successfully fulfill the | ||||||
2 | terms and conditions of probation under this Section, then the | ||||||
3 | drug court shall set forth its findings in the form of a | ||||||
4 | written order, and the person shall be ineligible to be placed | ||||||
5 | on probation under this Section, but shall may be considered | ||||||
6 | for the drug court program. | ||||||
7 | (Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480, | ||||||
8 | eff. 9-9-15.)
| ||||||
9 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
10 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
11 | use of a firearm; mandatory supervised release terms.
| ||||||
12 | (a) Except as otherwise provided in the statute defining | ||||||
13 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
14 | imprisonment for a felony shall be a determinate sentence set | ||||||
15 | by
the court under this Section, according to the following | ||||||
16 | limitations:
| ||||||
17 | (1) for first degree murder,
| ||||||
18 | (a) (blank),
| ||||||
19 | (b) if a trier of fact finds beyond a reasonable
| ||||||
20 | doubt that the murder was accompanied by exceptionally
| ||||||
21 | brutal or heinous behavior indicative of wanton | ||||||
22 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
23 | of this Section, that any of the aggravating factors
| ||||||
24 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012 are
|
| |||||||
| |||||||
1 | present, the court may sentence the defendant, subject | ||||||
2 | to Section 5-4.5-105, to a term of natural life
| ||||||
3 | imprisonment, or
| ||||||
4 | (c) the court shall sentence the defendant to a | ||||||
5 | term of natural life
imprisonment if the defendant, at | ||||||
6 | the time of the commission of the murder, had attained | ||||||
7 | the age of 18, and
| ||||||
8 | (i) has previously been convicted of first | ||||||
9 | degree murder under
any state or federal law, or
| ||||||
10 | (ii) is found guilty of murdering more
than one | ||||||
11 | victim, or
| ||||||
12 | (iii) is found guilty of murdering a peace | ||||||
13 | officer, fireman, or emergency management worker | ||||||
14 | when
the peace officer, fireman, or emergency | ||||||
15 | management worker was killed in the course of | ||||||
16 | performing his
official duties, or to prevent the | ||||||
17 | peace officer or fireman from
performing his | ||||||
18 | official duties, or in retaliation for the peace | ||||||
19 | officer,
fireman, or emergency management worker | ||||||
20 | from performing his official duties, and the | ||||||
21 | defendant knew or should
have known that the | ||||||
22 | murdered individual was a peace officer, fireman, | ||||||
23 | or emergency management worker, or
| ||||||
24 | (iv) is found guilty of murdering an employee | ||||||
25 | of an institution or
facility of the Department of | ||||||
26 | Corrections, or any similar local
correctional |
| |||||||
| |||||||
1 | agency, when the employee was killed in the course | ||||||
2 | of
performing his official duties, or to prevent | ||||||
3 | the employee from performing
his official duties, | ||||||
4 | or in retaliation for the employee performing his
| ||||||
5 | official duties, or
| ||||||
6 | (v) is found guilty of murdering an emergency | ||||||
7 | medical
technician - ambulance, emergency medical | ||||||
8 | technician - intermediate, emergency
medical | ||||||
9 | technician - paramedic, ambulance driver or other | ||||||
10 | medical assistance or
first aid person while | ||||||
11 | employed by a municipality or other governmental | ||||||
12 | unit
when the person was killed in the course of | ||||||
13 | performing official duties or
to prevent the | ||||||
14 | person from performing official duties or in | ||||||
15 | retaliation
for performing official duties and the | ||||||
16 | defendant knew or should have known
that the | ||||||
17 | murdered individual was an emergency medical | ||||||
18 | technician - ambulance,
emergency medical | ||||||
19 | technician - intermediate, emergency medical
| ||||||
20 | technician - paramedic, ambulance driver, or other | ||||||
21 | medical
assistant or first aid personnel, or
| ||||||
22 | (vi) (blank), or
| ||||||
23 | (vii) is found guilty of first degree murder | ||||||
24 | and the murder was
committed by reason of any | ||||||
25 | person's activity as a community policing | ||||||
26 | volunteer
or to prevent any person from engaging in |
| |||||||
| |||||||
1 | activity as a community policing
volunteer. For | ||||||
2 | the purpose of this Section, "community policing | ||||||
3 | volunteer"
has the meaning ascribed to it in | ||||||
4 | Section 2-3.5 of the Criminal Code of 2012.
| ||||||
5 | For purposes of clause (v), "emergency medical | ||||||
6 | technician - ambulance",
"emergency medical technician - | ||||||
7 | intermediate", "emergency medical technician -
| ||||||
8 | paramedic", have the meanings ascribed to them in the | ||||||
9 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
10 | (d) (i) if the person committed the offense while | ||||||
11 | armed with a
firearm, 15 years shall be added to | ||||||
12 | the term of imprisonment imposed by the
court;
| ||||||
13 | (ii) if, during the commission of the offense, | ||||||
14 | the person
personally discharged a firearm, 20 | ||||||
15 | years shall be added to the term of
imprisonment | ||||||
16 | imposed by the court;
| ||||||
17 | (iii) if, during the commission of the | ||||||
18 | offense, the person
personally discharged a | ||||||
19 | firearm that proximately caused great bodily harm,
| ||||||
20 | permanent disability, permanent disfigurement, or | ||||||
21 | death to another person, 25
years or up to a term | ||||||
22 | of natural life shall be added to the term of
| ||||||
23 | imprisonment imposed by the court.
| ||||||
24 | (2) (blank);
| ||||||
25 | (2.5) for a person who has attained the age of 18 years
| ||||||
26 | at the time of the commission of the offense and
who is |
| |||||||
| |||||||
1 | convicted under the circumstances described in subdivision | ||||||
2 | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | ||||||
3 | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | ||||||
4 | or paragraph (2) of subsection
(d) of Section 12-14, | ||||||
5 | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | ||||||
6 | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | ||||||
7 | Section 11-1.40 or paragraph (2) of subsection (b) of | ||||||
8 | Section 12-14.1
of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012, the sentence shall be a term of | ||||||
10 | natural life
imprisonment.
| ||||||
11 | (b) (Blank).
| ||||||
12 | (c) (Blank).
| ||||||
13 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
14 | parole or mandatory
supervised release term shall be written as | ||||||
15 | part of the sentencing order and shall be as follows:
| ||||||
16 | (1) for first degree murder or a Class X felony except | ||||||
17 | for the offenses of predatory criminal sexual assault of a | ||||||
18 | child, aggravated criminal sexual assault, and criminal | ||||||
19 | sexual assault if committed on or after the effective date | ||||||
20 | of this amendatory Act of the 94th General Assembly and | ||||||
21 | except for the offense of aggravated child pornography | ||||||
22 | under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||||||
23 | sentencing under subsection (c-5) of Section 11-20.1 of the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
25 | committed on or after January 1, 2009 , 3 years;
| ||||||
26 | (1.5) for a Class X felony except for the offenses of |
| |||||||
| |||||||
1 | predatory criminal sexual assault of a child, aggravated | ||||||
2 | criminal sexual assault, and criminal sexual assault if | ||||||
3 | committed on or after December 13, 2005 (the effective date | ||||||
4 | of Public Act 94-715) and except for the offense of | ||||||
5 | aggravated child pornography under Section 11-20.1B, | ||||||
6 | 11-20.3, or 11-20.1 with sentencing under subsection (c-5) | ||||||
7 | of Section 11-20.1 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012, if committed on or after January 1, | ||||||
9 | 2009, 18 months; | ||||||
10 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
11 | the offense of criminal sexual assault if committed on or | ||||||
12 | after December 13, 2005 ( the effective date of Public Act | ||||||
13 | 94-715) this amendatory Act of the 94th General Assembly | ||||||
14 | and except for the offenses of manufacture and | ||||||
15 | dissemination of child pornography under clauses (a)(1) | ||||||
16 | and (a)(2) of Section 11-20.1 of the Criminal Code of 1961 | ||||||
17 | or the Criminal Code of 2012, if committed on or after | ||||||
18 | January 1, 2009, 18 months; 2 years;
| ||||||
19 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
20 | (4) for defendants who commit the offense of predatory | ||||||
21 | criminal sexual assault of a child, aggravated criminal | ||||||
22 | sexual assault, or criminal sexual assault, on or after | ||||||
23 | December 13, 2005 ( the effective date of Public Act 94-715) | ||||||
24 | this amendatory Act of the 94th General Assembly , or who | ||||||
25 | commit the offense of aggravated child pornography under | ||||||
26 | Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing |
| |||||||
| |||||||
1 | under subsection (c-5) of Section 11-20.1 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012, manufacture of | ||||||
3 | child pornography, or dissemination of child pornography | ||||||
4 | after January 1, 2009, the term of mandatory supervised | ||||||
5 | release shall range from a minimum of 3 years to a maximum | ||||||
6 | of the natural life of the defendant;
| ||||||
7 | (5) if the victim is under 18 years of age, for a | ||||||
8 | second or subsequent
offense of aggravated criminal sexual | ||||||
9 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
10 | the first 2 years of which the defendant shall serve in an
| ||||||
11 | electronic home detention program under Article 8A of | ||||||
12 | Chapter V of this Code;
| ||||||
13 | (6) for a felony domestic battery, aggravated domestic | ||||||
14 | battery, stalking, aggravated stalking, and a felony | ||||||
15 | violation of an order of protection, 4 years. | ||||||
16 | (e) (Blank).
| ||||||
17 | (f) (Blank).
| ||||||
18 | (Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17 .)
| ||||||
19 | (730 ILCS 5/5-8-8) | ||||||
20 | (Section scheduled to be repealed on December 31, 2020) | ||||||
21 | Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. | ||||||
22 | (a) Creation. There is created under the jurisdiction of | ||||||
23 | the Governor the Illinois Sentencing Policy Advisory Council, | ||||||
24 | hereinafter referred to as the Council. | ||||||
25 | (b) Purposes and goals. The purpose of the Council is to |
| |||||||
| |||||||
1 | review sentencing policies and practices and examine how these | ||||||
2 | policies and practices impact the criminal justice system as a | ||||||
3 | whole in the State of Illinois.
In carrying out its duties, the | ||||||
4 | Council shall be mindful of and aim to achieve the purposes of
| ||||||
5 | sentencing in Illinois, which are set out in Section 1-1-2 of | ||||||
6 | this Code: | ||||||
7 | (1) prescribe sanctions proportionate to the | ||||||
8 | seriousness of the offenses and permit the recognition of | ||||||
9 | differences in rehabilitation possibilities among | ||||||
10 | individual offenders; | ||||||
11 | (2) forbid and prevent the commission of offenses; | ||||||
12 | (3) prevent arbitrary or oppressive treatment of | ||||||
13 | persons adjudicated offenders or delinquents; and | ||||||
14 | (4) restore offenders to useful citizenship. | ||||||
15 | (c) Council composition. | ||||||
16 | (1) The Council shall consist of the following members: | ||||||
17 | (A) the President of the Senate, or his or her | ||||||
18 | designee; | ||||||
19 | (B) the Minority Leader of the Senate, or his or | ||||||
20 | her designee; | ||||||
21 | (C) the Speaker of the House, or his or her | ||||||
22 | designee; | ||||||
23 | (D) the Minority Leader of the House, or his or her | ||||||
24 | designee; | ||||||
25 | (E) the Governor, or his or her designee; | ||||||
26 | (F) the Attorney General, or his or her designee; |
| |||||||
| |||||||
1 | (G) two retired judges, who may have been circuit, | ||||||
2 | appellate, or supreme court judges; retired judges | ||||||
3 | shall be selected by the members of the Council | ||||||
4 | designated in clauses (c)(1)(A) through (L); | ||||||
5 | (G-5) (blank); | ||||||
6 | (H) the Cook County State's Attorney, or his or her | ||||||
7 | designee; | ||||||
8 | (I) the Cook County Public Defender, or his or her | ||||||
9 | designee; | ||||||
10 | (J) a State's Attorney not from Cook County, | ||||||
11 | appointed by the State's Attorney's
Appellate | ||||||
12 | Prosecutor; | ||||||
13 | (K) the State Appellate Defender, or his or her | ||||||
14 | designee; | ||||||
15 | (L) the Director of the Administrative Office of | ||||||
16 | the Illinois Courts, or his or her designee; | ||||||
17 | (M) a victim of a violent felony or a | ||||||
18 | representative of a crime victims' organization,
| ||||||
19 | selected by the members of the Council designated in | ||||||
20 | clauses (c)(1)(A) through (L); | ||||||
21 | (N) a representative of a community-based | ||||||
22 | organization, selected by the members of
the Council | ||||||
23 | designated in clauses (c)(1)(A) through (L); | ||||||
24 | (O) a criminal justice academic researcher, to be | ||||||
25 | selected by the members of the
Council designated in | ||||||
26 | clauses (c)(1)(A) through (L); |
| |||||||
| |||||||
1 | (P) a representative of law enforcement from a unit | ||||||
2 | of local government to be
selected by the members of | ||||||
3 | the Council designated in clauses (c)(1)(A) through | ||||||
4 | (L); | ||||||
5 | (Q) a sheriff selected by the members of the | ||||||
6 | Council designated in clauses (c)(1)(A) through (L); | ||||||
7 | and | ||||||
8 | (R) ex-officio members shall include: | ||||||
9 | (i) the Director of Corrections, or his or her | ||||||
10 | designee; | ||||||
11 | (ii) the Chair of the Prisoner Review Board, or | ||||||
12 | his or her designee; | ||||||
13 | (iii) the Director of the Illinois State | ||||||
14 | Police, or his or her designee; and | ||||||
15 | (iv) the Director of the Illinois Criminal | ||||||
16 | Justice Information Authority, or his
or her | ||||||
17 | designee. | ||||||
18 | (1.5) The Chair and Vice Chair shall be elected from | ||||||
19 | among its members by a majority of the members of the | ||||||
20 | Council. | ||||||
21 | (2) Members of the Council who serve because of their | ||||||
22 | public office or position, or those who are designated as | ||||||
23 | members by such officials, shall serve only as long as they | ||||||
24 | hold such office or position. | ||||||
25 | (3) Council members shall serve without compensation | ||||||
26 | but shall be reimbursed for travel and per diem expenses |
| |||||||
| |||||||
1 | incurred in their work for the Council. | ||||||
2 | (4) The Council may exercise any power, perform any | ||||||
3 | function, take any action, or do anything in furtherance of | ||||||
4 | its purposes and goals
upon the appointment of a quorum of | ||||||
5 | its members. The term of office of each member of the | ||||||
6 | Council ends on the date of repeal of this amendatory Act | ||||||
7 | of the 96th General Assembly. | ||||||
8 | (d) Duties. The Council shall perform, as resources permit, | ||||||
9 | duties including: | ||||||
10 | (1) Collect and analyze information including | ||||||
11 | sentencing data, crime trends, and existing correctional | ||||||
12 | resources to support legislative and executive action | ||||||
13 | affecting the use of correctional resources on the State | ||||||
14 | and local levels. | ||||||
15 | (2) Prepare criminal justice population projections | ||||||
16 | annually, including correctional and community-based | ||||||
17 | supervision populations. | ||||||
18 | (3) Analyze data relevant to proposed sentencing | ||||||
19 | legislation and its effect on current policies or | ||||||
20 | practices, and provide information to support | ||||||
21 | evidence-based sentencing. | ||||||
22 | (4) Ensure that adequate resources and facilities are | ||||||
23 | available for carrying out sentences imposed on offenders | ||||||
24 | and that rational priorities are established for the use of | ||||||
25 | those resources. To do so, the Council shall prepare | ||||||
26 | criminal justice resource statements, identifying the |
| |||||||
| |||||||
1 | fiscal and practical effects of proposed criminal | ||||||
2 | sentencing legislation, including, but not limited to, the | ||||||
3 | correctional population, court processes, and county or | ||||||
4 | local government resources. | ||||||
5 | (4.5) Study and conduct a thorough analysis of | ||||||
6 | sentencing under Section 5-4.5-110 of this Code. The | ||||||
7 | Sentencing Policy Advisory Council shall provide annual | ||||||
8 | reports to the Governor and General Assembly, including the | ||||||
9 | total number of persons sentenced under Section 5-4.5-110 | ||||||
10 | of this Code, the total number of departures from sentences | ||||||
11 | under Section 5-4.5-110 of this Code, and an analysis of | ||||||
12 | trends in sentencing and departures. On or before December | ||||||
13 | 31, 2022, the Sentencing Policy Advisory Council shall | ||||||
14 | provide a report to the Governor and General Assembly on | ||||||
15 | the effectiveness of sentencing under Section 5-4.5-110 of | ||||||
16 | this Code, including recommendations on whether sentencing | ||||||
17 | under Section 5-4.5-110 of this Code should be adjusted or | ||||||
18 | continued. | ||||||
19 | (5) Perform such other studies or tasks pertaining to | ||||||
20 | sentencing policies as may be requested by the Governor or | ||||||
21 | the Illinois General Assembly. | ||||||
22 | (6) Perform such other functions as may be required by | ||||||
23 | law or as are necessary to carry out the purposes and goals | ||||||
24 | of the Council prescribed in subsection (b). | ||||||
25 | (7) Publish a report on the trends in sentencing for | ||||||
26 | offenders described in subsection (b-1) of Section 5-4-1 of |
| |||||||
| |||||||
1 | this Code, the impact of the trends on the prison and | ||||||
2 | probation populations, and any changes in the racial | ||||||
3 | composition of the prison and probation populations that | ||||||
4 | can be attributed to the changes made by adding subsection | ||||||
5 | (b-1) of Section 5-4-1 to this Code by Public Act 99-861 | ||||||
6 | this amendatory Act of the 99th General Assembly . | ||||||
7 | (e) Authority. | ||||||
8 | (1) The Council shall have the power to perform the | ||||||
9 | functions necessary to carry out its duties, purposes and | ||||||
10 | goals under this Act. In so doing, the Council shall | ||||||
11 | utilize information and analysis developed by the Illinois | ||||||
12 | Criminal Justice Information Authority, the Administrative | ||||||
13 | Office of the Illinois Courts, and the Illinois Department | ||||||
14 | of Corrections. | ||||||
15 | (2) Upon request from the Council, each executive | ||||||
16 | agency and department of State and local government shall | ||||||
17 | provide information and records to the Council in the | ||||||
18 | execution of its duties. | ||||||
19 | (f) Report. The Council shall report in writing annually to | ||||||
20 | the General Assembly, the Illinois Supreme Court, and the | ||||||
21 | Governor. | ||||||
22 | (g) This Section is repealed on December 31, 2020.
| ||||||
23 | (Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15; | ||||||
24 | 99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)".
|