101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5404

 

Introduced , by Rep. Mark Batinick - Grant Wehrli

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1
730 ILCS 5/3-6-3  from Ch. 38, par. 1003-6-3

    Amends the Criminal Code of 2012. Increases the penalty for unlawful use of weapons by selling, manufacturing, purchasing, possessing, or carrying a machine gun, other than in the passenger compartment of a motor vehicle or on one's person if the weapon is loaded, from a Class 2 felony, with a mandatory sentence of not less than 3 years and not more than 7 years imprisonment to a Class 1 felony, with a mandatory sentence of not less than 4 years and not more than 15 years imprisonment. Amends the Unified Code of Corrections. Provides that a person serving a sentence for this violation shall receive no more than 7.5 days sentence credit for each month of his or her sentence of imprisonment (rather than day for day sentence credit).


LRB101 15882 RLC 65239 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5404LRB101 15882 RLC 65239 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 24-1 as follows:
 
6    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
7    Sec. 24-1. Unlawful use of weapons.
8    (a) A person commits the offense of unlawful use of weapons
9when he knowingly:
10        (1) Sells, manufactures, purchases, possesses or
11    carries any bludgeon, black-jack, slung-shot, sand-club,
12    sand-bag, metal knuckles or other knuckle weapon
13    regardless of its composition, throwing star, or any knife,
14    commonly referred to as a switchblade knife, which has a
15    blade that opens automatically by hand pressure applied to
16    a button, spring or other device in the handle of the
17    knife, or a ballistic knife, which is a device that propels
18    a knifelike blade as a projectile by means of a coil
19    spring, elastic material or compressed gas; or
20        (2) Carries or possesses with intent to use the same
21    unlawfully against another, a dagger, dirk, billy,
22    dangerous knife, razor, stiletto, broken bottle or other
23    piece of glass, stun gun or taser or any other dangerous or

 

 

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1    deadly weapon or instrument of like character; or
2        (2.5) Carries or possesses with intent to use the same
3    unlawfully against another, any firearm in a church,
4    synagogue, mosque, or other building, structure, or place
5    used for religious worship; or
6        (3) Carries on or about his person or in any vehicle, a
7    tear gas gun projector or bomb or any object containing
8    noxious liquid gas or substance, other than an object
9    containing a non-lethal noxious liquid gas or substance
10    designed solely for personal defense carried by a person 18
11    years of age or older; or
12        (4) Carries or possesses in any vehicle or concealed on
13    or about his person except when on his land or in his own
14    abode, legal dwelling, or fixed place of business, or on
15    the land or in the legal dwelling of another person as an
16    invitee with that person's permission, any pistol,
17    revolver, stun gun or taser or other firearm, except that
18    this subsection (a) (4) does not apply to or affect
19    transportation of weapons that meet one of the following
20    conditions:
21            (i) are broken down in a non-functioning state; or
22            (ii) are not immediately accessible; or
23            (iii) are unloaded and enclosed in a case, firearm
24        carrying box, shipping box, or other container by a
25        person who has been issued a currently valid Firearm
26        Owner's Identification Card; or

 

 

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1            (iv) are carried or possessed in accordance with
2        the Firearm Concealed Carry Act by a person who has
3        been issued a currently valid license under the Firearm
4        Concealed Carry Act; or
5        (5) Sets a spring gun; or
6        (6) Possesses any device or attachment of any kind
7    designed, used or intended for use in silencing the report
8    of any firearm; or
9        (7) Sells, manufactures, purchases, possesses or
10    carries:
11            (i) a machine gun, which shall be defined for the
12        purposes of this subsection as any weapon, which
13        shoots, is designed to shoot, or can be readily
14        restored to shoot, automatically more than one shot
15        without manually reloading by a single function of the
16        trigger, including the frame or receiver of any such
17        weapon, or sells, manufactures, purchases, possesses,
18        or carries any combination of parts designed or
19        intended for use in converting any weapon into a
20        machine gun, or any combination or parts from which a
21        machine gun can be assembled if such parts are in the
22        possession or under the control of a person;
23            (ii) any rifle having one or more barrels less than
24        16 inches in length or a shotgun having one or more
25        barrels less than 18 inches in length or any weapon
26        made from a rifle or shotgun, whether by alteration,

 

 

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1        modification, or otherwise, if such a weapon as
2        modified has an overall length of less than 26 inches;
3        or
4            (iii) any bomb, bomb-shell, grenade, bottle or
5        other container containing an explosive substance of
6        over one-quarter ounce for like purposes, such as, but
7        not limited to, black powder bombs and Molotov
8        cocktails or artillery projectiles; or
9        (8) Carries or possesses any firearm, stun gun or taser
10    or other deadly weapon in any place which is licensed to
11    sell intoxicating beverages, or at any public gathering
12    held pursuant to a license issued by any governmental body
13    or any public gathering at which an admission is charged,
14    excluding a place where a showing, demonstration or lecture
15    involving the exhibition of unloaded firearms is
16    conducted.
17        This subsection (a)(8) does not apply to any auction or
18    raffle of a firearm held pursuant to a license or permit
19    issued by a governmental body, nor does it apply to persons
20    engaged in firearm safety training courses; or
21        (9) Carries or possesses in a vehicle or on or about
22    his or her person any pistol, revolver, stun gun or taser
23    or firearm or ballistic knife, when he or she is hooded,
24    robed or masked in such manner as to conceal his or her
25    identity; or
26        (10) Carries or possesses on or about his or her

 

 

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1    person, upon any public street, alley, or other public
2    lands within the corporate limits of a city, village, or
3    incorporated town, except when an invitee thereon or
4    therein, for the purpose of the display of such weapon or
5    the lawful commerce in weapons, or except when on his land
6    or in his or her own abode, legal dwelling, or fixed place
7    of business, or on the land or in the legal dwelling of
8    another person as an invitee with that person's permission,
9    any pistol, revolver, stun gun, or taser or other firearm,
10    except that this subsection (a) (10) does not apply to or
11    affect transportation of weapons that meet one of the
12    following conditions:
13            (i) are broken down in a non-functioning state; or
14            (ii) are not immediately accessible; or
15            (iii) are unloaded and enclosed in a case, firearm
16        carrying box, shipping box, or other container by a
17        person who has been issued a currently valid Firearm
18        Owner's Identification Card; or
19            (iv) are carried or possessed in accordance with
20        the Firearm Concealed Carry Act by a person who has
21        been issued a currently valid license under the Firearm
22        Concealed Carry Act.
23        A "stun gun or taser", as used in this paragraph (a)
24    means (i) any device which is powered by electrical
25    charging units, such as, batteries, and which fires one or
26    several barbs attached to a length of wire and which, upon

 

 

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1    hitting a human, can send out a current capable of
2    disrupting the person's nervous system in such a manner as
3    to render him incapable of normal functioning or (ii) any
4    device which is powered by electrical charging units, such
5    as batteries, and which, upon contact with a human or
6    clothing worn by a human, can send out current capable of
7    disrupting the person's nervous system in such a manner as
8    to render him incapable of normal functioning; or
9        (11) Sells, manufactures, or purchases any explosive
10    bullet. For purposes of this paragraph (a) "explosive
11    bullet" means the projectile portion of an ammunition
12    cartridge which contains or carries an explosive charge
13    which will explode upon contact with the flesh of a human
14    or an animal. "Cartridge" means a tubular metal case having
15    a projectile affixed at the front thereof and a cap or
16    primer at the rear end thereof, with the propellant
17    contained in such tube between the projectile and the cap;
18    or
19        (12) (Blank); or
20        (13) Carries or possesses on or about his or her person
21    while in a building occupied by a unit of government, a
22    billy club, other weapon of like character, or other
23    instrument of like character intended for use as a weapon.
24    For the purposes of this Section, "billy club" means a
25    short stick or club commonly carried by police officers
26    which is either telescopic or constructed of a solid piece

 

 

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1    of wood or other man-made material.
2    (b) Sentence. A person convicted of a violation of
3subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
4subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
5Class A misdemeanor. A person convicted of a violation of
6subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
7person convicted of a violation of subsection 24-1(a)(6) or
824-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
9convicted of a violation of subsection 24-1(a)(7)(i) commits a
10Class 1 2 felony and shall be sentenced to a term of
11imprisonment of not less than 4 3 years and not more than 15 7
12years, unless the weapon is possessed in the passenger
13compartment of a motor vehicle as defined in Section 1-146 of
14the Illinois Vehicle Code, or on the person, while the weapon
15is loaded, in which case it shall be a Class X felony. A person
16convicted of a second or subsequent violation of subsection
1724-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
18Class 3 felony. A person convicted of a violation of subsection
1924-1(a)(2.5) commits a Class 2 felony. The possession of each
20weapon in violation of this Section constitutes a single and
21separate violation.
22    (c) Violations in specific places.
23        (1) A person who violates subsection 24-1(a)(6) or
24    24-1(a)(7)(ii) or (iii) in any school, regardless of the
25    time of day or the time of year, in residential property
26    owned, operated or managed by a public housing agency or

 

 

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1    leased by a public housing agency as part of a scattered
2    site or mixed-income development, in a public park, in a
3    courthouse, on the real property comprising any school,
4    regardless of the time of day or the time of year, on
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, on the
8    real property comprising any public park, on the real
9    property comprising any courthouse, in any conveyance
10    owned, leased or contracted by a school to transport
11    students to or from school or a school related activity, in
12    any conveyance owned, leased, or contracted by a public
13    transportation agency, or on any public way within 1,000
14    feet of the real property comprising any school, public
15    park, courthouse, public transportation facility, or
16    residential property owned, operated, or managed by a
17    public housing agency or leased by a public housing agency
18    as part of a scattered site or mixed-income development
19    commits a Class 2 felony and shall be sentenced to a term
20    of imprisonment of not less than 3 years and not more than
21    7 years.
22        (1.5) A person who violates subsection 24-1(a)(4),
23    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
24    time of day or the time of year, in residential property
25    owned, operated, or managed by a public housing agency or
26    leased by a public housing agency as part of a scattered

 

 

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1    site or mixed-income development, in a public park, in a
2    courthouse, on the real property comprising any school,
3    regardless of the time of day or the time of year, on
4    residential property owned, operated, or managed by a
5    public housing agency or leased by a public housing agency
6    as part of a scattered site or mixed-income development, on
7    the real property comprising any public park, on the real
8    property comprising any courthouse, in any conveyance
9    owned, leased, or contracted by a school to transport
10    students to or from school or a school related activity, in
11    any conveyance owned, leased, or contracted by a public
12    transportation agency, or on any public way within 1,000
13    feet of the real property comprising any school, public
14    park, courthouse, public transportation facility, or
15    residential property owned, operated, or managed by a
16    public housing agency or leased by a public housing agency
17    as part of a scattered site or mixed-income development
18    commits a Class 3 felony.
19        (2) A person who violates subsection 24-1(a)(1),
20    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
21    time of day or the time of year, in residential property
22    owned, operated or managed by a public housing agency or
23    leased by a public housing agency as part of a scattered
24    site or mixed-income development, in a public park, in a
25    courthouse, on the real property comprising any school,
26    regardless of the time of day or the time of year, on

 

 

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1    residential property owned, operated or managed by a public
2    housing agency or leased by a public housing agency as part
3    of a scattered site or mixed-income development, on the
4    real property comprising any public park, on the real
5    property comprising any courthouse, in any conveyance
6    owned, leased or contracted by a school to transport
7    students to or from school or a school related activity, in
8    any conveyance owned, leased, or contracted by a public
9    transportation agency, or on any public way within 1,000
10    feet of the real property comprising any school, public
11    park, courthouse, public transportation facility, or
12    residential property owned, operated, or managed by a
13    public housing agency or leased by a public housing agency
14    as part of a scattered site or mixed-income development
15    commits a Class 4 felony. "Courthouse" means any building
16    that is used by the Circuit, Appellate, or Supreme Court of
17    this State for the conduct of official business.
18        (3) Paragraphs (1), (1.5), and (2) of this subsection
19    (c) shall not apply to law enforcement officers or security
20    officers of such school, college, or university or to
21    students carrying or possessing firearms for use in
22    training courses, parades, hunting, target shooting on
23    school ranges, or otherwise with the consent of school
24    authorities and which firearms are transported unloaded
25    enclosed in a suitable case, box, or transportation
26    package.

 

 

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1        (4) For the purposes of this subsection (c), "school"
2    means any public or private elementary or secondary school,
3    community college, college, or university.
4        (5) For the purposes of this subsection (c), "public
5    transportation agency" means a public or private agency
6    that provides for the transportation or conveyance of
7    persons by means available to the general public, except
8    for transportation by automobiles not used for conveyance
9    of the general public as passengers; and "public
10    transportation facility" means a terminal or other place
11    where one may obtain public transportation.
12    (d) The presence in an automobile other than a public
13omnibus of any weapon, instrument or substance referred to in
14subsection (a)(7) is prima facie evidence that it is in the
15possession of, and is being carried by, all persons occupying
16such automobile at the time such weapon, instrument or
17substance is found, except under the following circumstances:
18(i) if such weapon, instrument or instrumentality is found upon
19the person of one of the occupants therein; or (ii) if such
20weapon, instrument or substance is found in an automobile
21operated for hire by a duly licensed driver in the due, lawful
22and proper pursuit of his or her trade, then such presumption
23shall not apply to the driver.
24    (e) Exemptions.
25        (1) Crossbows, Common or Compound bows and Underwater
26    Spearguns are exempted from the definition of ballistic

 

 

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1    knife as defined in paragraph (1) of subsection (a) of this
2    Section.
3        (2) The provision of paragraph (1) of subsection (a) of
4    this Section prohibiting the sale, manufacture, purchase,
5    possession, or carrying of any knife, commonly referred to
6    as a switchblade knife, which has a blade that opens
7    automatically by hand pressure applied to a button, spring
8    or other device in the handle of the knife, does not apply
9    to a person who possesses a currently valid Firearm Owner's
10    Identification Card previously issued in his or her name by
11    the Department of State Police or to a person or an entity
12    engaged in the business of selling or manufacturing
13    switchblade knives.
14(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 
15    Section 10. The Unified Code of Corrections is amended by
16changing Section 3-6-3 as follows:
 
17    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
18    Sec. 3-6-3. Rules and regulations for sentence credit.
19    (a)(1) The Department of Corrections shall prescribe rules
20and regulations for awarding and revoking sentence credit for
21persons committed to the Department which shall be subject to
22review by the Prisoner Review Board.
23    (1.5) As otherwise provided by law, sentence credit may be
24awarded for the following:

 

 

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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
9subsection (a), the rules and regulations on sentence credit
10shall provide, with respect to offenses listed in clause (i),
11(ii), or (iii) of this paragraph (2) committed on or after June
1219, 1998 or with respect to the offense listed in clause (iv)
13of this paragraph (2) committed on or after June 23, 2005 (the
14effective date of Public Act 94-71) or with respect to offense
15listed in clause (vi) committed on or after June 1, 2008 (the
16effective date of Public Act 95-625) or with respect to the
17offense of being an armed habitual criminal committed on or
18after August 2, 2005 (the effective date of Public Act 94-398)
19or with respect to the offenses listed in clause (v) of this
20paragraph (2) committed on or after August 13, 2007 (the
21effective date of Public Act 95-134) or with respect to the
22offense of aggravated domestic battery committed on or after
23July 23, 2010 (the effective date of Public Act 96-1224) or
24with respect to the offense of attempt to commit terrorism
25committed on or after January 1, 2013 (the effective date of
26Public Act 97-990) or with respect to the offense of unlawful

 

 

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1use of weapons under subparagraph (i) of paragraph (7) of
2subsection (a) of Section 24-1 of the Criminal Code of 2012
3committed on or after the effective date of this amendatory Act
4of the 101st General Assembly, the following:
5        (i) that a prisoner who is serving a term of
6    imprisonment for first degree murder or for the offense of
7    terrorism shall receive no sentence credit and shall serve
8    the entire sentence imposed by the court;
9        (ii) that a prisoner serving a sentence for attempt to
10    commit terrorism, attempt to commit first degree murder,
11    solicitation of murder, solicitation of murder for hire,
12    intentional homicide of an unborn child, predatory
13    criminal sexual assault of a child, aggravated criminal
14    sexual assault, criminal sexual assault, aggravated
15    kidnapping, aggravated battery with a firearm as described
16    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
17    (e)(4) of Section 12-3.05, heinous battery as described in
18    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
19    being an armed habitual criminal, aggravated battery of a
20    senior citizen as described in Section 12-4.6 or
21    subdivision (a)(4) of Section 12-3.05, or aggravated
22    battery of a child as described in Section 12-4.3 or
23    subdivision (b)(1) of Section 12-3.05 shall receive no more
24    than 4.5 days of sentence credit for each month of his or
25    her sentence of imprisonment;
26        (iii) that a prisoner serving a sentence for home

 

 

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1    invasion, armed robbery, aggravated vehicular hijacking,
2    aggravated discharge of a firearm, or armed violence with a
3    category I weapon or category II weapon, when the court has
4    made and entered a finding, pursuant to subsection (c-1) of
5    Section 5-4-1 of this Code, that the conduct leading to
6    conviction for the enumerated offense resulted in great
7    bodily harm to a victim, shall receive no more than 4.5
8    days of sentence credit for each month of his or her
9    sentence of imprisonment;
10        (iv) that a prisoner serving a sentence for aggravated
11    discharge of a firearm, whether or not the conduct leading
12    to conviction for the offense resulted in great bodily harm
13    to the victim, shall receive no more than 4.5 days of
14    sentence credit for each month of his or her sentence of
15    imprisonment;
16        (v) that a person serving a sentence for unlawful use
17    of weapons under subparagraph (i) of paragraph (7) of
18    subsection (a) of Section 24-1 of the Criminal Code of
19    2012, gunrunning, narcotics racketeering, controlled
20    substance trafficking, methamphetamine trafficking,
21    drug-induced homicide, aggravated methamphetamine-related
22    child endangerment, money laundering pursuant to clause
23    (c) (4) or (5) of Section 29B-1 of the Criminal Code of
24    1961 or the Criminal Code of 2012, or a Class X felony
25    conviction for delivery of a controlled substance,
26    possession of a controlled substance with intent to

 

 

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1    manufacture or deliver, calculated criminal drug
2    conspiracy, criminal drug conspiracy, street gang criminal
3    drug conspiracy, participation in methamphetamine
4    manufacturing, aggravated participation in methamphetamine
5    manufacturing, delivery of methamphetamine, possession
6    with intent to deliver methamphetamine, aggravated
7    delivery of methamphetamine, aggravated possession with
8    intent to deliver methamphetamine, methamphetamine
9    conspiracy when the substance containing the controlled
10    substance or methamphetamine is 100 grams or more shall
11    receive no more than 7.5 days sentence credit for each
12    month of his or her sentence of imprisonment;
13        (vi) that a prisoner serving a sentence for a second or
14    subsequent offense of luring a minor shall receive no more
15    than 4.5 days of sentence credit for each month of his or
16    her sentence of imprisonment; and
17        (vii) that a prisoner serving a sentence for aggravated
18    domestic battery shall receive no more than 4.5 days of
19    sentence credit for each month of his or her sentence of
20    imprisonment.
21    (2.1) For all offenses, other than those enumerated in
22subdivision (a)(2)(i), (ii), or (iii) committed on or after
23June 19, 1998 or subdivision (a)(2)(iv) committed on or after
24June 23, 2005 (the effective date of Public Act 94-71) or
25subdivision (a)(2)(v) committed on or after August 13, 2007
26(the effective date of Public Act 95-134) (other than the

 

 

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1offense of unlawful use of weapons under subparagraph (i) of
2paragraph (7) of subsection (a) of Section 24-1 of the Criminal
3Code of 2012) or subdivision (a)(2)(vi) committed on or after
4June 1, 2008 (the effective date of Public Act 95-625) or
5subdivision (a)(2)(vii) committed on or after July 23, 2010
6(the effective date of Public Act 96-1224), and other than the
7offense of aggravated driving under the influence of alcohol,
8other drug or drugs, or intoxicating compound or compounds, or
9any combination thereof as defined in subparagraph (F) of
10paragraph (1) of subsection (d) of Section 11-501 of the
11Illinois Vehicle Code, and other than the offense of aggravated
12driving under the influence of alcohol, other drug or drugs, or
13intoxicating compound or compounds, or any combination thereof
14as defined in subparagraph (C) of paragraph (1) of subsection
15(d) of Section 11-501 of the Illinois Vehicle Code committed on
16or after January 1, 2011 (the effective date of Public Act
1796-1230), and other than the offense of unlawful use of weapons
18under subparagraph (i) of paragraph (7) of subsection (a) of
19Section 24-1 of the Criminal Code of 2012 committed on or after
20the effective date of this amendatory Act of the 101st General
21Assembly, the rules and regulations shall provide that a
22prisoner who is serving a term of imprisonment shall receive
23one day of sentence credit for each day of his or her sentence
24of imprisonment or recommitment under Section 3-3-9. Each day
25of sentence credit shall reduce by one day the prisoner's
26period of imprisonment or recommitment under Section 3-3-9.

 

 

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1    (2.2) A prisoner serving a term of natural life
2imprisonment or a prisoner who has been sentenced to death
3shall receive no sentence credit.
4    (2.3) Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations on sentence credit
6shall provide that a prisoner who is serving a sentence for
7aggravated driving under the influence of alcohol, other drug
8or drugs, or intoxicating compound or compounds, or any
9combination thereof as defined in subparagraph (F) of paragraph
10(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
11Code, shall receive no more than 4.5 days of sentence credit
12for each month of his or her sentence of imprisonment.
13    (2.4) Except as provided in paragraph (4.7) of this
14subsection (a), the rules and regulations on sentence credit
15shall provide with respect to the offenses of aggravated
16battery with a machine gun or a firearm equipped with any
17device or attachment designed or used for silencing the report
18of a firearm or aggravated discharge of a machine gun or a
19firearm equipped with any device or attachment designed or used
20for silencing the report of a firearm, committed on or after
21July 15, 1999 (the effective date of Public Act 91-121), that a
22prisoner serving a sentence for any of these offenses shall
23receive no more than 4.5 days of sentence credit for each month
24of his or her sentence of imprisonment.
25    (2.5) Except as provided in paragraph (4.7) of this
26subsection (a), the rules and regulations on sentence credit

 

 

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1shall provide that a prisoner who is serving a sentence for
2aggravated arson committed on or after July 27, 2001 (the
3effective date of Public Act 92-176) shall receive no more than
44.5 days of sentence credit for each month of his or her
5sentence of imprisonment.
6    (2.6) Except as provided in paragraph (4.7) of this
7subsection (a), the rules and regulations on sentence credit
8shall provide that a prisoner who is serving a sentence for
9aggravated driving under the influence of alcohol, other drug
10or drugs, or intoxicating compound or compounds or any
11combination thereof as defined in subparagraph (C) of paragraph
12(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
13Code committed on or after January 1, 2011 (the effective date
14of Public Act 96-1230) shall receive no more than 4.5 days of
15sentence credit for each month of his or her sentence of
16imprisonment.
17    (3) In addition to the sentence credits earned under
18paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a),
19the rules and regulations shall also provide that the Director
20may award up to 180 days of earned sentence credit for good
21conduct in specific instances as the Director deems proper. The
22good conduct may include, but is not limited to, compliance
23with the rules and regulations of the Department, service to
24the Department, service to a community, or service to the
25State.
26    Eligible inmates for an award of earned sentence credit

 

 

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1under this paragraph (3) may be selected to receive the credit
2at the Director's or his or her designee's sole discretion.
3Eligibility for the additional earned sentence credit under
4this paragraph (3) shall be based on, but is not limited to,
5the results of any available risk/needs assessment or other
6relevant assessments or evaluations administered by the
7Department using a validated instrument, the circumstances of
8the crime, any history of conviction for a forcible felony
9enumerated in Section 2-8 of the Criminal Code of 2012, the
10inmate's behavior and disciplinary history while incarcerated,
11and the inmate's commitment to rehabilitation, including
12participation in programming offered by the Department.
13    The Director shall not award sentence credit under this
14paragraph (3) to an inmate unless the inmate has served a
15minimum of 60 days of the sentence; except nothing in this
16paragraph shall be construed to permit the Director to extend
17an inmate's sentence beyond that which was imposed by the
18court. Prior to awarding credit under this paragraph (3), the
19Director shall make a written determination that the inmate:
20        (A) is eligible for the earned sentence credit;
21        (B) has served a minimum of 60 days, or as close to 60
22    days as the sentence will allow;
23        (B-1) has received a risk/needs assessment or other
24    relevant evaluation or assessment administered by the
25    Department using a validated instrument; and
26        (C) has met the eligibility criteria established by

 

 

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1    rule for earned sentence credit.
2    The Director shall determine the form and content of the
3written determination required in this subsection.
4    (3.5) The Department shall provide annual written reports
5to the Governor and the General Assembly on the award of earned
6sentence credit no later than February 1 of each year. The
7Department must publish both reports on its website within 48
8hours of transmitting the reports to the Governor and the
9General Assembly. The reports must include:
10        (A) the number of inmates awarded earned sentence
11    credit;
12        (B) the average amount of earned sentence credit
13    awarded;
14        (C) the holding offenses of inmates awarded earned
15    sentence credit; and
16        (D) the number of earned sentence credit revocations.
17    (4)(A) Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations shall also provide
19that the sentence credit accumulated and retained under
20paragraph (2.1) of subsection (a) of this Section by any inmate
21during specific periods of time in which such inmate is engaged
22full-time in substance abuse programs, correctional industry
23assignments, educational programs, behavior modification
24programs, life skills courses, or re-entry planning provided by
25the Department under this paragraph (4) and satisfactorily
26completes the assigned program as determined by the standards

 

 

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1of the Department, shall be multiplied by a factor of 1.25 for
2program participation before August 11, 1993 and 1.50 for
3program participation on or after that date. The rules and
4regulations shall also provide that sentence credit, subject to
5the same offense limits and multiplier provided in this
6paragraph, may be provided to an inmate who was held in
7pre-trial detention prior to his or her current commitment to
8the Department of Corrections and successfully completed a
9full-time, 60-day or longer substance abuse program,
10educational program, behavior modification program, life
11skills course, or re-entry planning provided by the county
12department of corrections or county jail. Calculation of this
13county program credit shall be done at sentencing as provided
14in Section 5-4.5-100 of this Code and shall be included in the
15sentencing order. However, no inmate shall be eligible for the
16additional sentence credit under this paragraph (4) or (4.1) of
17this subsection (a) while assigned to a boot camp or electronic
18detention.
19    (B) The Department shall award sentence credit under this
20paragraph (4) accumulated prior to the effective date of this
21amendatory Act of the 101st General Assembly in an amount
22specified in subparagraph (C) of this paragraph (4) to an
23inmate serving a sentence for an offense committed prior to
24June 19, 1998, if the Department determines that the inmate is
25entitled to this sentence credit, based upon:
26        (i) documentation provided by the Department that the

 

 

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1    inmate engaged in any full-time substance abuse programs,
2    correctional industry assignments, educational programs,
3    behavior modification programs, life skills courses, or
4    re-entry planning provided by the Department under this
5    paragraph (4) and satisfactorily completed the assigned
6    program as determined by the standards of the Department
7    during the inmate's current term of incarceration; or
8        (ii) the inmate's own testimony in the form of an
9    affidavit or documentation, or a third party's
10    documentation or testimony in the form of an affidavit that
11    the inmate likely engaged in any full-time substance abuse
12    programs, correctional industry assignments, educational
13    programs, behavior modification programs, life skills
14    courses, or re-entry planning provided by the Department
15    under paragraph (4) and satisfactorily completed the
16    assigned program as determined by the standards of the
17    Department during the inmate's current term of
18    incarceration.
19    (C) If the inmate can provide documentation that he or she
20is entitled to sentence credit under subparagraph (B) in excess
21of 45 days of participation in those programs, the inmate shall
22receive 90 days of sentence credit. If the inmate cannot
23provide documentation of more than 45 days of participation
24those programs, the inmate shall receive 45 days of sentence
25credit. In the event of a disagreement between the Department
26and the inmate as to the amount of credit accumulated under

 

 

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1subparagraph (B), if the Department provides documented proof
2of a lesser amount of days of participation in those programs,
3that proof shall control. If the Department provides no
4documentary proof, the inmate's proof as set forth in clause
5(ii) of subparagraph (B) shall control as to the amount of
6sentence credit provided.
7    (D) If the inmate has been convicted of a sex offense as
8defined in Section 2 of the Sex Offender Registration Act,
9sentencing credits under subparagraph (B) of this paragraph (4)
10shall be awarded by the Department only if the conditions set
11forth in paragraph (4.6) of subsection (a) are satisfied. No
12inmate serving a term of natural life imprisonment shall
13receive sentence credit under subparagraph (B) of this
14paragraph (4).
15    Educational, vocational, substance abuse, behavior
16modification programs, life skills courses, re-entry planning,
17and correctional industry programs under which sentence credit
18may be increased under this paragraph (4) and paragraph (4.1)
19of this subsection (a) shall be evaluated by the Department on
20the basis of documented standards. The Department shall report
21the results of these evaluations to the Governor and the
22General Assembly by September 30th of each year. The reports
23shall include data relating to the recidivism rate among
24program participants.
25    Availability of these programs shall be subject to the
26limits of fiscal resources appropriated by the General Assembly

 

 

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1for these purposes. Eligible inmates who are denied immediate
2admission shall be placed on a waiting list under criteria
3established by the Department. The inability of any inmate to
4become engaged in any such programs by reason of insufficient
5program resources or for any other reason established under the
6rules and regulations of the Department shall not be deemed a
7cause of action under which the Department or any employee or
8agent of the Department shall be liable for damages to the
9inmate.
10    (4.1) Except as provided in paragraph (4.7) of this
11subsection (a), the rules and regulations shall also provide
12that an additional 90 days of sentence credit shall be awarded
13to any prisoner who passes high school equivalency testing
14while the prisoner is committed to the Department of
15Corrections. The sentence credit awarded under this paragraph
16(4.1) shall be in addition to, and shall not affect, the award
17of sentence credit under any other paragraph of this Section,
18but shall also be pursuant to the guidelines and restrictions
19set forth in paragraph (4) of subsection (a) of this Section.
20The sentence credit provided for in this paragraph shall be
21available only to those prisoners who have not previously
22earned a high school diploma or a high school equivalency
23certificate. If, after an award of the high school equivalency
24testing sentence credit has been made, the Department
25determines that the prisoner was not eligible, then the award
26shall be revoked. The Department may also award 90 days of

 

 

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1sentence credit to any committed person who passed high school
2equivalency testing while he or she was held in pre-trial
3detention prior to the current commitment to the Department of
4Corrections.
5    Except as provided in paragraph (4.7) of this subsection
6(a), the rules and regulations shall provide that an additional
7180 days of sentence credit shall be awarded to any prisoner
8who obtains a bachelor's degree while the prisoner is committed
9to the Department of Corrections. The sentence credit awarded
10under this paragraph (4.1) shall be in addition to, and shall
11not affect, the award of sentence credit under any other
12paragraph of this Section, but shall also be under the
13guidelines and restrictions set forth in paragraph (4) of this
14subsection (a). The sentence credit provided for in this
15paragraph shall be available only to those prisoners who have
16not earned a bachelor's degree prior to the current commitment
17to the Department of Corrections. If, after an award of the
18bachelor's degree sentence credit has been made, the Department
19determines that the prisoner was not eligible, then the award
20shall be revoked. The Department may also award 180 days of
21sentence credit to any committed person who earned a bachelor's
22degree while he or she was held in pre-trial detention prior to
23the current commitment to the Department of Corrections.
24    Except as provided in paragraph (4.7) of this subsection
25(a), the rules and regulations shall provide that an additional
26180 days of sentence credit shall be awarded to any prisoner

 

 

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1who obtains a master's or professional degree while the
2prisoner is committed to the Department of Corrections. The
3sentence credit awarded under this paragraph (4.1) shall be in
4addition to, and shall not affect, the award of sentence credit
5under any other paragraph of this Section, but shall also be
6under the guidelines and restrictions set forth in paragraph
7(4) of this subsection (a). The sentence credit provided for in
8this paragraph shall be available only to those prisoners who
9have not previously earned a master's or professional degree
10prior to the current commitment to the Department of
11Corrections. If, after an award of the master's or professional
12degree sentence credit has been made, the Department determines
13that the prisoner was not eligible, then the award shall be
14revoked. The Department may also award 180 days of sentence
15credit to any committed person who earned a master's or
16professional degree while he or she was held in pre-trial
17detention prior to the current commitment to the Department of
18Corrections.
19    (4.5) The rules and regulations on sentence credit shall
20also provide that when the court's sentencing order recommends
21a prisoner for substance abuse treatment and the crime was
22committed on or after September 1, 2003 (the effective date of
23Public Act 93-354), the prisoner shall receive no sentence
24credit awarded under clause (3) of this subsection (a) unless
25he or she participates in and completes a substance abuse
26treatment program. The Director may waive the requirement to

 

 

HB5404- 28 -LRB101 15882 RLC 65239 b

1participate in or complete a substance abuse treatment program
2in specific instances if the prisoner is not a good candidate
3for a substance abuse treatment program for medical,
4programming, or operational reasons. Availability of substance
5abuse treatment shall be subject to the limits of fiscal
6resources appropriated by the General Assembly for these
7purposes. If treatment is not available and the requirement to
8participate and complete the treatment has not been waived by
9the Director, the prisoner shall be placed on a waiting list
10under criteria established by the Department. The Director may
11allow a prisoner placed on a waiting list to participate in and
12complete a substance abuse education class or attend substance
13abuse self-help meetings in lieu of a substance abuse treatment
14program. A prisoner on a waiting list who is not placed in a
15substance abuse program prior to release may be eligible for a
16waiver and receive sentence credit under clause (3) of this
17subsection (a) at the discretion of the Director.
18    (4.6) The rules and regulations on sentence credit shall
19also provide that a prisoner who has been convicted of a sex
20offense as defined in Section 2 of the Sex Offender
21Registration Act shall receive no sentence credit unless he or
22she either has successfully completed or is participating in
23sex offender treatment as defined by the Sex Offender
24Management Board. However, prisoners who are waiting to receive
25treatment, but who are unable to do so due solely to the lack
26of resources on the part of the Department, may, at the

 

 

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1Director's sole discretion, be awarded sentence credit at a
2rate as the Director shall determine.
3    (4.7) On or after the effective date of this amendatory Act
4of the 100th General Assembly, sentence credit under paragraph
5(3), (4), or (4.1) of this subsection (a) may be awarded to a
6prisoner who is serving a sentence for an offense described in
7paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
8on or after the effective date of this amendatory Act of the
9100th General Assembly; provided, the award of the credits
10under this paragraph (4.7) shall not reduce the sentence of the
11prisoner to less than the following amounts:
12        (i) 85% of his or her sentence if the prisoner is
13    required to serve 85% of his or her sentence; or
14        (ii) 60% of his or her sentence if the prisoner is
15    required to serve 75% of his or her sentence, except if the
16    prisoner is serving a sentence for gunrunning his or her
17    sentence shall not be reduced to less than 75%.
18        (iii) 100% of his or her sentence if the prisoner is
19    required to serve 100% of his or her sentence.
20    (5) Whenever the Department is to release any inmate
21earlier than it otherwise would because of a grant of earned
22sentence credit under paragraph (3) of subsection (a) of this
23Section given at any time during the term, the Department shall
24give reasonable notice of the impending release not less than
2514 days prior to the date of the release to the State's
26Attorney of the county where the prosecution of the inmate took

 

 

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1place, and if applicable, the State's Attorney of the county
2into which the inmate will be released. The Department must
3also make identification information and a recent photo of the
4inmate being released accessible on the Internet by means of a
5hyperlink labeled "Community Notification of Inmate Early
6Release" on the Department's World Wide Web homepage. The
7identification information shall include the inmate's: name,
8any known alias, date of birth, physical characteristics,
9commitment offense and county where conviction was imposed. The
10identification information shall be placed on the website
11within 3 days of the inmate's release and the information may
12not be removed until either: completion of the first year of
13mandatory supervised release or return of the inmate to custody
14of the Department.
15    (b) Whenever a person is or has been committed under
16several convictions, with separate sentences, the sentences
17shall be construed under Section 5-8-4 in granting and
18forfeiting of sentence credit.
19    (c) The Department shall prescribe rules and regulations
20for revoking sentence credit, including revoking sentence
21credit awarded under paragraph (3) of subsection (a) of this
22Section. The Department shall prescribe rules and regulations
23for suspending or reducing the rate of accumulation of sentence
24credit for specific rule violations, during imprisonment.
25These rules and regulations shall provide that no inmate may be
26penalized more than one year of sentence credit for any one

 

 

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1infraction.
2    When the Department seeks to revoke, suspend or reduce the
3rate of accumulation of any sentence credits for an alleged
4infraction of its rules, it shall bring charges therefor
5against the prisoner sought to be so deprived of sentence
6credits before the Prisoner Review Board as provided in
7subparagraph (a)(4) of Section 3-3-2 of this Code, if the
8amount of credit at issue exceeds 30 days or when during any 12
9month period, the cumulative amount of credit revoked exceeds
1030 days except where the infraction is committed or discovered
11within 60 days of scheduled release. In those cases, the
12Department of Corrections may revoke up to 30 days of sentence
13credit. The Board may subsequently approve the revocation of
14additional sentence credit, if the Department seeks to revoke
15sentence credit in excess of 30 days. However, the Board shall
16not be empowered to review the Department's decision with
17respect to the loss of 30 days of sentence credit within any
18calendar year for any prisoner or to increase any penalty
19beyond the length requested by the Department.
20    The Director of the Department of Corrections, in
21appropriate cases, may restore up to 30 days of sentence
22credits which have been revoked, suspended or reduced. Any
23restoration of sentence credits in excess of 30 days shall be
24subject to review by the Prisoner Review Board. However, the
25Board may not restore sentence credit in excess of the amount
26requested by the Director.

 

 

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1    Nothing contained in this Section shall prohibit the
2Prisoner Review Board from ordering, pursuant to Section
33-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
4sentence imposed by the court that was not served due to the
5accumulation of sentence credit.
6    (d) If a lawsuit is filed by a prisoner in an Illinois or
7federal court against the State, the Department of Corrections,
8or the Prisoner Review Board, or against any of their officers
9or employees, and the court makes a specific finding that a
10pleading, motion, or other paper filed by the prisoner is
11frivolous, the Department of Corrections shall conduct a
12hearing to revoke up to 180 days of sentence credit by bringing
13charges against the prisoner sought to be deprived of the
14sentence credits before the Prisoner Review Board as provided
15in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
16prisoner has not accumulated 180 days of sentence credit at the
17time of the finding, then the Prisoner Review Board may revoke
18all sentence credit accumulated by the prisoner.
19    For purposes of this subsection (d):
20        (1) "Frivolous" means that a pleading, motion, or other
21    filing which purports to be a legal document filed by a
22    prisoner in his or her lawsuit meets any or all of the
23    following criteria:
24            (A) it lacks an arguable basis either in law or in
25        fact;
26            (B) it is being presented for any improper purpose,

 

 

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1        such as to harass or to cause unnecessary delay or
2        needless increase in the cost of litigation;
3            (C) the claims, defenses, and other legal
4        contentions therein are not warranted by existing law
5        or by a nonfrivolous argument for the extension,
6        modification, or reversal of existing law or the
7        establishment of new law;
8            (D) the allegations and other factual contentions
9        do not have evidentiary support or, if specifically so
10        identified, are not likely to have evidentiary support
11        after a reasonable opportunity for further
12        investigation or discovery; or
13            (E) the denials of factual contentions are not
14        warranted on the evidence, or if specifically so
15        identified, are not reasonably based on a lack of
16        information or belief.
17        (2) "Lawsuit" means a motion pursuant to Section 116-3
18    of the Code of Criminal Procedure of 1963, a habeas corpus
19    action under Article X of the Code of Civil Procedure or
20    under federal law (28 U.S.C. 2254), a petition for claim
21    under the Court of Claims Act, an action under the federal
22    Civil Rights Act (42 U.S.C. 1983), or a second or
23    subsequent petition for post-conviction relief under
24    Article 122 of the Code of Criminal Procedure of 1963
25    whether filed with or without leave of court or a second or
26    subsequent petition for relief from judgment under Section

 

 

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1    2-1401 of the Code of Civil Procedure.
2    (e) Nothing in Public Act 90-592 or 90-593 affects the
3validity of Public Act 89-404.
4    (f) Whenever the Department is to release any inmate who
5has been convicted of a violation of an order of protection
6under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
7the Criminal Code of 2012, earlier than it otherwise would
8because of a grant of sentence credit, the Department, as a
9condition of release, shall require that the person, upon
10release, be placed under electronic surveillance as provided in
11Section 5-8A-7 of this Code.
12(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
13101-440, eff. 1-1-20.)