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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||||||||||||
5 | Sections 24-1, 24-1.1, 24-1.6, and 24-1.8 and by adding Section | ||||||||||||||||||||||||||||||||||||
6 | 24-11 as follows:
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7 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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8 | Sec. 24-1. Unlawful Use of Weapons.
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9 | (a) A person commits the offense of unlawful use of weapons | ||||||||||||||||||||||||||||||||||||
10 | when
he knowingly:
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11 | (1) Sells, manufactures, purchases, possesses or | ||||||||||||||||||||||||||||||||||||
12 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||||||||||||||||||||||||||||||||
13 | sand-bag, metal knuckles or other knuckle weapon | ||||||||||||||||||||||||||||||||||||
14 | regardless of its composition, throwing star,
or any knife, | ||||||||||||||||||||||||||||||||||||
15 | commonly referred to as a switchblade knife, which has a
| ||||||||||||||||||||||||||||||||||||
16 | blade that opens automatically by hand pressure applied to | ||||||||||||||||||||||||||||||||||||
17 | a button,
spring or other device in the handle of the | ||||||||||||||||||||||||||||||||||||
18 | knife, or a ballistic knife,
which is a device that propels | ||||||||||||||||||||||||||||||||||||
19 | a knifelike blade as a projectile by means
of a coil | ||||||||||||||||||||||||||||||||||||
20 | spring, elastic material or compressed gas; or
| ||||||||||||||||||||||||||||||||||||
21 | (2) Carries or possesses with intent to use the same | ||||||||||||||||||||||||||||||||||||
22 | unlawfully
against another, a dagger, dirk, billy, | ||||||||||||||||||||||||||||||||||||
23 | dangerous knife, razor,
stiletto, broken bottle or other |
| |||||||
| |||||||
1 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
2 | deadly weapon or instrument of like character; or
| ||||||
3 | (3) Carries on or about his person or in any vehicle, a | ||||||
4 | tear gas gun
projector or bomb or any object containing | ||||||
5 | noxious liquid gas or
substance, other than an object | ||||||
6 | containing a non-lethal noxious liquid gas
or substance | ||||||
7 | designed solely for personal defense carried by a person 18
| ||||||
8 | years of age or older; or
| ||||||
9 | (4) Carries or possesses in any vehicle or concealed on | ||||||
10 | or about his
person except when on his land or in his own | ||||||
11 | abode, legal dwelling, or fixed place of
business, or on | ||||||
12 | the land or in the legal dwelling of another person as an | ||||||
13 | invitee with that person's permission, any pistol, | ||||||
14 | revolver, stun gun or taser or other firearm, except
that
| ||||||
15 | this subsection (a) (4) does not apply to or affect | ||||||
16 | transportation of weapons
that meet one of the following | ||||||
17 | conditions:
| ||||||
18 | (i) are broken down in a non-functioning state; or
| ||||||
19 | (ii) are not immediately accessible; or
| ||||||
20 | (iii) are unloaded and enclosed in a case, firearm | ||||||
21 | carrying box,
shipping box, or other container by a | ||||||
22 | person who has been issued a currently
valid Firearm | ||||||
23 | Owner's
Identification Card; or
| ||||||
24 | (5) Sets a spring gun; or
| ||||||
25 | (6) Possesses any device or attachment of any kind | ||||||
26 | designed, used or
intended for use in silencing the report |
| |||||||
| |||||||
1 | of any firearm; or
| ||||||
2 | (7) Sells, manufactures, purchases, possesses or | ||||||
3 | carries:
| ||||||
4 | (i) a machine gun, which shall be defined for the | ||||||
5 | purposes of this
subsection as any weapon,
which | ||||||
6 | shoots, is designed to shoot, or can be readily | ||||||
7 | restored to shoot,
automatically more than one shot | ||||||
8 | without manually reloading by a single
function of the | ||||||
9 | trigger, including the frame or receiver
of any such | ||||||
10 | weapon, or sells, manufactures, purchases, possesses, | ||||||
11 | or
carries any combination of parts designed or | ||||||
12 | intended for
use in converting any weapon into a | ||||||
13 | machine gun, or any combination or
parts from which a | ||||||
14 | machine gun can be assembled if such parts are in the
| ||||||
15 | possession or under the control of a person;
| ||||||
16 | (ii) any rifle having one or
more barrels less than | ||||||
17 | 16 inches in length or a shotgun having one or more
| ||||||
18 | barrels less than 18 inches in length or any weapon | ||||||
19 | made from a rifle or
shotgun, whether by alteration, | ||||||
20 | modification, or otherwise, if such a weapon
as | ||||||
21 | modified has an overall length of less than 26 inches; | ||||||
22 | or
| ||||||
23 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
24 | other container containing an
explosive substance of | ||||||
25 | over one-quarter ounce for like purposes, such
as, but | ||||||
26 | not limited to, black powder bombs and Molotov |
| |||||||
| |||||||
1 | cocktails or
artillery projectiles; or
| ||||||
2 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
3 | or other
deadly weapon in any place which is licensed to | ||||||
4 | sell intoxicating
beverages, or at any public gathering | ||||||
5 | held pursuant to a license issued
by any governmental body | ||||||
6 | or any public gathering at which an admission
is charged, | ||||||
7 | excluding a place where a showing, demonstration or lecture
| ||||||
8 | involving the exhibition of unloaded firearms is | ||||||
9 | conducted.
| ||||||
10 | This subsection (a)(8) does not apply to any auction or | ||||||
11 | raffle of a firearm
held pursuant to
a license or permit | ||||||
12 | issued by a governmental body, nor does it apply to persons
| ||||||
13 | engaged
in firearm safety training courses; or
| ||||||
14 | (9) Carries or possesses in a vehicle or on or about | ||||||
15 | his person any
pistol, revolver, stun gun or taser or | ||||||
16 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
17 | masked in such manner as to conceal his identity; or
| ||||||
18 | (10) Carries or possesses on or about his person, upon | ||||||
19 | any public street,
alley, or other public lands within the | ||||||
20 | corporate limits of a city, village
or incorporated town, | ||||||
21 | except when an invitee thereon or therein, for the
purpose | ||||||
22 | of the display of such weapon or the lawful commerce in | ||||||
23 | weapons, or
except when on his land or in his own abode, | ||||||
24 | legal dwelling, or fixed place of business, or on the land | ||||||
25 | or in the legal dwelling of another person as an invitee | ||||||
26 | with that person's permission, any
pistol, revolver, stun |
| |||||||
| |||||||
1 | gun or taser or other firearm, except that this
subsection | ||||||
2 | (a) (10) does not apply to or affect transportation of | ||||||
3 | weapons that
meet one of the following conditions:
| ||||||
4 | (i) are broken down in a non-functioning state; or
| ||||||
5 | (ii) are not immediately accessible; or
| ||||||
6 | (iii) are unloaded and enclosed in a case, firearm | ||||||
7 | carrying box,
shipping box, or other container by a | ||||||
8 | person who has been issued a currently
valid Firearm | ||||||
9 | Owner's
Identification Card.
| ||||||
10 | A "stun gun or taser", as used in this paragraph (a) | ||||||
11 | means (i) any device
which is powered by electrical | ||||||
12 | charging units, such as, batteries, and
which fires one or | ||||||
13 | several barbs attached to a length of wire and
which, upon | ||||||
14 | hitting a human, can send out a current capable of | ||||||
15 | disrupting
the person's nervous system in such a manner as | ||||||
16 | to render him incapable of
normal functioning or (ii) any | ||||||
17 | device which is powered by electrical
charging units, such | ||||||
18 | as batteries, and which, upon contact with a human or
| ||||||
19 | clothing worn by a human, can send out current capable of | ||||||
20 | disrupting
the person's nervous system in such a manner as | ||||||
21 | to render him incapable
of normal functioning; or
| ||||||
22 | (11) Sells, manufactures or purchases any explosive | ||||||
23 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
24 | bullet" means the projectile portion of
an ammunition | ||||||
25 | cartridge which contains or carries an explosive charge | ||||||
26 | which
will explode upon contact with the flesh of a human |
| |||||||
| |||||||
1 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
2 | a projectile affixed at the
front thereof and a cap or | ||||||
3 | primer at the rear end thereof, with the
propellant | ||||||
4 | contained in such tube between the projectile and the cap; | ||||||
5 | or
| ||||||
6 | (12) (Blank); or
| ||||||
7 | (13) Carries or possesses on or about his or her person | ||||||
8 | while in a building occupied by a unit of government, a | ||||||
9 | billy club, other weapon of like character, or other | ||||||
10 | instrument of like character intended for use as a weapon. | ||||||
11 | For the purposes of this Section, "billy club" means a | ||||||
12 | short stick or club commonly carried by police officers | ||||||
13 | which is either telescopic or constructed of a solid piece | ||||||
14 | of wood or other man-made material. | ||||||
15 | (b) Sentence. A person convicted of a violation of | ||||||
16 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
17 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
18 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
19 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
20 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
21 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
22 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
23 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
24 | of not less than 3 years and not more than 7 years, unless the | ||||||
25 | weapon is possessed in the
passenger compartment of a motor | ||||||
26 | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
| |||||||
| |||||||
1 | Code, or on the person, while the weapon is loaded, in which
| ||||||
2 | case it shall be a Class X felony. A person convicted of a
| ||||||
3 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
4 | 24-1(a)(8) or ,
24-1(a)(9) , or
24-1(a)(10) commits a Class 3 | ||||||
5 | felony. A person convicted of a
second or subsequent violation | ||||||
6 | of subsection 24-1(a)(4) or 24-1(a)(10) commits a Class 3 | ||||||
7 | felony and shall be sentenced to a term of imprisonment of not | ||||||
8 | less than 3 years and not more than 10 years. The possession of | ||||||
9 | each weapon in violation of this Section constitutes a single | ||||||
10 | and separate violation.
| ||||||
11 | (c) Violations in specific places.
| ||||||
12 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
13 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
14 | the time of year, in residential
property owned, operated | ||||||
15 | or 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, in a
public park, in a courthouse, on the real | ||||||
18 | property comprising any school,
regardless of the
time of | ||||||
19 | day or the time of year, on residential property owned, | ||||||
20 | operated
or
managed by a public housing agency
or leased by | ||||||
21 | a public housing agency as part of a scattered site or
| ||||||
22 | mixed-income development,
on the real property comprising | ||||||
23 | any
public park, on the real property comprising any | ||||||
24 | courthouse, in any conveyance
owned, leased or contracted | ||||||
25 | by a school to
transport students to or from school or a | ||||||
26 | school related activity, in any conveyance
owned, leased, |
| |||||||
| |||||||
1 | or contracted by a public transportation agency, or on any
| ||||||
2 | public way within 1,000 feet of the real property | ||||||
3 | comprising any school,
public park, courthouse, public | ||||||
4 | transportation facility, or residential property owned, | ||||||
5 | operated, or managed
by a public housing agency
or leased | ||||||
6 | by a public housing agency as part of a scattered site or
| ||||||
7 | mixed-income development
commits a Class 2 felony and shall | ||||||
8 | be sentenced to a term of imprisonment of not less than 3 | ||||||
9 | years and not more than 7 years.
| ||||||
10 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
11 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
12 | time of day or the time of year,
in residential property | ||||||
13 | owned, operated, or managed by a public
housing
agency
or | ||||||
14 | leased by a public housing agency as part of a scattered | ||||||
15 | site or
mixed-income development,
in
a public
park, in a | ||||||
16 | courthouse, on the real property comprising any school, | ||||||
17 | regardless
of the time of day or the time of year, on | ||||||
18 | residential property owned,
operated, or managed by a | ||||||
19 | public housing agency
or leased by a public housing agency | ||||||
20 | as part of a scattered site or
mixed-income development,
on | ||||||
21 | the real property
comprising any public park, on the real | ||||||
22 | property comprising any courthouse, in
any conveyance | ||||||
23 | owned, leased, or contracted by a school to transport | ||||||
24 | students
to or from school or a school related activity, in | ||||||
25 | any conveyance
owned, leased, or contracted by a public | ||||||
26 | transportation agency, or on any public way within
1,000 |
| |||||||
| |||||||
1 | feet of the real property comprising any school, public | ||||||
2 | park, courthouse,
public transportation facility, or | ||||||
3 | residential property owned, operated, or managed by a | ||||||
4 | public
housing agency
or leased by a public housing agency | ||||||
5 | as part of a scattered site or
mixed-income development
| ||||||
6 | commits a Class 3 felony.
| ||||||
7 | (2) A person who violates subsection 24-1(a)(1), | ||||||
8 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
9 | time of day or the time of year, in
residential property | ||||||
10 | owned, operated or managed by a public housing
agency
or | ||||||
11 | leased by a public housing agency as part of a scattered | ||||||
12 | site or
mixed-income development,
in
a public park, in a | ||||||
13 | courthouse, on the real property comprising any school,
| ||||||
14 | regardless of the time of day or the time of year, on | ||||||
15 | residential property
owned, operated or managed by a public | ||||||
16 | housing agency
or leased by a public housing agency as part | ||||||
17 | of a scattered site or
mixed-income development,
on the | ||||||
18 | real property
comprising any public park, on the real | ||||||
19 | property comprising any courthouse, in
any conveyance | ||||||
20 | owned, leased or contracted by a school to transport | ||||||
21 | students
to or from school or a school related activity, in | ||||||
22 | any conveyance
owned, leased, or contracted by a public | ||||||
23 | transportation agency, or on any public way within
1,000 | ||||||
24 | feet of the real property comprising any school, public | ||||||
25 | park, courthouse,
public transportation facility, or | ||||||
26 | residential property owned, operated, or managed by a |
| |||||||
| |||||||
1 | public
housing agency or leased by a public housing agency | ||||||
2 | as part of a scattered
site or mixed-income development | ||||||
3 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
4 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
5 | this State for the conduct of official business.
| ||||||
6 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
7 | (c) shall not
apply to law
enforcement officers or security | ||||||
8 | officers of such school, college, or
university or to | ||||||
9 | students carrying or possessing firearms for use in | ||||||
10 | training
courses, parades, hunting, target shooting on | ||||||
11 | school ranges, or otherwise with
the consent of school | ||||||
12 | authorities and which firearms are transported unloaded
| ||||||
13 | enclosed in a suitable case, box, or transportation | ||||||
14 | package.
| ||||||
15 | (4) For the purposes of this subsection (c), "school" | ||||||
16 | means any public or
private elementary or secondary school, | ||||||
17 | community college, college, or
university.
| ||||||
18 | (5) For the purposes of this subsection (c), "public | ||||||
19 | transportation agency" means a public or private agency | ||||||
20 | that provides for the transportation or conveyance of
| ||||||
21 | persons by means available to the general public, except | ||||||
22 | for transportation
by automobiles not used for conveyance | ||||||
23 | of the general public as passengers; and "public | ||||||
24 | transportation facility" means a terminal or other place
| ||||||
25 | where one may obtain public transportation.
| ||||||
26 | (d) The presence in an automobile other than a public |
| |||||||
| |||||||
1 | omnibus of any
weapon, instrument or substance referred to in | ||||||
2 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
3 | possession of, and is being
carried by, all persons occupying | ||||||
4 | such automobile at the time such
weapon, instrument or | ||||||
5 | substance is found, except under the following
circumstances: | ||||||
6 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
7 | the person of one of the occupants therein; or (ii) if such
| ||||||
8 | weapon, instrument or substance is found in an automobile | ||||||
9 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
10 | and proper pursuit of
his trade, then such presumption shall | ||||||
11 | not apply to the driver.
| ||||||
12 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
13 | Underwater
Spearguns are exempted from the definition of | ||||||
14 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
15 | of this Section.
| ||||||
16 | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | ||||||
17 | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
18 | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||||||
19 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
20 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
21 | Felons or
Persons in the Custody of the
Department of | ||||||
22 | Corrections Facilities. | ||||||
23 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
24 | about his person or on his land or
in his own abode or fixed | ||||||
25 | place of business any weapon prohibited under
Section 24-1 of |
| |||||||
| |||||||
1 | this Act or any firearm or any firearm ammunition if the
person | ||||||
2 | has been convicted of a felony under the laws of this State or | ||||||
3 | any
other jurisdiction. This Section shall not apply if the | ||||||
4 | person has been
granted relief by the Director of the | ||||||
5 | Department of State Police
under Section 10 of the Firearm | ||||||
6 | Owners Identification
Card Act.
| ||||||
7 | (b) It is unlawful for any person confined in a penal | ||||||
8 | institution,
which is a facility of the Illinois Department of | ||||||
9 | Corrections, to possess
any weapon prohibited under Section | ||||||
10 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
11 | regardless of the intent with which he possesses it.
| ||||||
12 | (c) It shall be an affirmative defense to a violation of | ||||||
13 | subsection (b), that such possession was specifically | ||||||
14 | authorized by rule,
regulation, or directive of the Illinois | ||||||
15 | Department of Corrections or order
issued pursuant thereto.
| ||||||
16 | (d) The defense of necessity is not available to a person | ||||||
17 | who is charged
with a violation of subsection (b) of this | ||||||
18 | Section.
| ||||||
19 | (e) Sentence. Violation of this Section by a person not | ||||||
20 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
21 | which the person shall be sentenced to no less than 4 2 years | ||||||
22 | and no
more than 10 years and any second or subsequent | ||||||
23 | violation shall be a Class 2 felony for which the person shall | ||||||
24 | be sentenced to a term of imprisonment of not less than 5 3 | ||||||
25 | years and not more than 14 years. Violation of this Section by | ||||||
26 | a person not confined in a
penal institution who has been |
| |||||||
| |||||||
1 | convicted of a forcible felony, a felony
violation of Article | ||||||
2 | 24 of this Code or of the Firearm Owners Identification
Card | ||||||
3 | Act, stalking or aggravated stalking, or a Class 2 or greater | ||||||
4 | felony
under the Illinois Controlled Substances Act, the | ||||||
5 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
6 | Community Protection Act is a
Class 2 felony for which the | ||||||
7 | person
shall be sentenced to not less than 3 years and not more | ||||||
8 | than 14 years.
Violation of this Section by a person who is on | ||||||
9 | parole or mandatory supervised
release is a Class 2 felony for | ||||||
10 | which the person shall be sentenced to not less than 5 3 years | ||||||
11 | and not more than 14
years. Violation of this Section by a | ||||||
12 | person not confined in a penal
institution is a Class X felony | ||||||
13 | when the firearm possessed is a machine gun.
Any person who | ||||||
14 | violates this Section while confined in a penal
institution, | ||||||
15 | which is a facility of the Illinois Department of
Corrections, | ||||||
16 | is guilty of a Class 1
felony, if he possesses any weapon | ||||||
17 | prohibited under Section 24-1 of this
Code regardless of the | ||||||
18 | intent with which he possesses it, a Class X
felony if he | ||||||
19 | possesses any firearm, firearm ammunition or explosive, and a
| ||||||
20 | Class X felony for which the offender shall be sentenced to not | ||||||
21 | less than 12
years and not more than 50 years when the firearm | ||||||
22 | possessed is a machine
gun. A violation of this Section while | ||||||
23 | wearing or in possession of body armor as defined in Section | ||||||
24 | 33F-1 is a Class X felony punishable by a term of imprisonment | ||||||
25 | of not less than 10 years and not more than 40 years.
The | ||||||
26 | possession of each firearm or firearm ammunition in violation |
| |||||||
| |||||||
1 | of this Section constitutes a single and separate violation.
| ||||||
2 | (Source: P.A. 97-237, eff. 1-1-12.)
| ||||||
3 | (720 ILCS 5/24-1.6) | ||||||
4 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
5 | (a) A person commits the offense of aggravated unlawful use | ||||||
6 | of a weapon when
he or she knowingly: | ||||||
7 | (1) Carries on or about his or her person or in any | ||||||
8 | vehicle or concealed
on or about his or her person except | ||||||
9 | when on his or her land or in his or her
abode, legal | ||||||
10 | dwelling, or fixed place of business, or on the land or in | ||||||
11 | the legal dwelling of another person as an invitee with | ||||||
12 | that person's permission, any pistol, revolver, stun gun or | ||||||
13 | taser or
other firearm; or | ||||||
14 | (2) Carries or possesses on or about his or her person, | ||||||
15 | upon any public
street, alley, or other public lands within | ||||||
16 | the corporate limits of a city,
village or incorporated | ||||||
17 | town, except when an invitee thereon or therein, for
the | ||||||
18 | purpose of the display of such weapon or the lawful | ||||||
19 | commerce in weapons, or
except when on his or her own land | ||||||
20 | or in his or her own abode, legal dwelling, or fixed place | ||||||
21 | of
business, or on the land or in the legal dwelling of | ||||||
22 | another person as an invitee with that person's permission, | ||||||
23 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
24 | and | ||||||
25 | (3) One of the following factors is present: |
| |||||||
| |||||||
1 | (A) the firearm possessed was uncased, loaded and | ||||||
2 | immediately accessible
at the time of the offense; or | ||||||
3 | (B) the firearm possessed was uncased, unloaded | ||||||
4 | and the ammunition for
the weapon was immediately | ||||||
5 | accessible at the time of the offense; or | ||||||
6 | (C) the person possessing the firearm has not been | ||||||
7 | issued a currently
valid Firearm Owner's | ||||||
8 | Identification Card; or | ||||||
9 | (D) the person possessing the weapon was | ||||||
10 | previously adjudicated
a delinquent minor under the | ||||||
11 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
12 | by an adult would be a felony; or | ||||||
13 | (E) the person possessing the weapon was engaged in | ||||||
14 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
15 | a misdemeanor violation of the Illinois Controlled | ||||||
16 | Substances
Act, or in a misdemeanor violation of the | ||||||
17 | Methamphetamine Control and Community Protection Act; | ||||||
18 | or | ||||||
19 | (F) (blank); or | ||||||
20 | (G) the person possessing the weapon had a order of | ||||||
21 | protection issued
against him or her within the | ||||||
22 | previous 2 years; or | ||||||
23 | (H) the person possessing the weapon was engaged in | ||||||
24 | the commission or
attempted commission of
a | ||||||
25 | misdemeanor involving the use or threat of violence | ||||||
26 | against
the person or property of another; or |
| |||||||
| |||||||
1 | (I) the person possessing the weapon was under 21 | ||||||
2 | years of age and in
possession of a handgun as defined | ||||||
3 | in Section 24-3, unless the person under 21
is engaged | ||||||
4 | in lawful activities under the Wildlife Code or | ||||||
5 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
6 | 24-2(f). | ||||||
7 | (b) "Stun gun or taser" as used in this Section has the | ||||||
8 | same definition
given to it in Section 24-1 of this Code. | ||||||
9 | (c) This Section does not apply to or affect the | ||||||
10 | transportation or
possession
of weapons that: | ||||||
11 | (i) are broken down in a non-functioning state; or | ||||||
12 | (ii) are not immediately accessible; or | ||||||
13 | (iii) are unloaded and enclosed in a case, firearm | ||||||
14 | carrying box,
shipping box, or other container by a | ||||||
15 | person who has been issued a currently
valid Firearm | ||||||
16 | Owner's
Identification Card. | ||||||
17 | (d) Sentence. | ||||||
18 | (1) Aggravated unlawful use of a weapon is a Class 3 4 | ||||||
19 | felony for which the person shall be sentenced to a term of | ||||||
20 | imprisonment of not less 3 and not more than 7 years ;
a | ||||||
21 | second or subsequent offense is a Class 2 felony for which | ||||||
22 | the person shall be sentenced to a term of imprisonment of | ||||||
23 | not less than 5 3 years and not more than 10 7 years. | ||||||
24 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
25 | (4) of this subsection (d), a first offense of aggravated | ||||||
26 | unlawful use of a weapon committed with a firearm by a |
| |||||||
| |||||||
1 | person 18 years of age or older where the factors listed in | ||||||
2 | both items (A) and (C) of paragraph (3) of subsection (a) | ||||||
3 | are present is a Class 3 4 felony, for which the person | ||||||
4 | shall be sentenced to a term of imprisonment of not less | ||||||
5 | than one year and not more than 3 years and not more than 7 | ||||||
6 | years . | ||||||
7 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
8 | has been previously
convicted of a felony in this State or | ||||||
9 | another jurisdiction is a Class 2
felony for which the | ||||||
10 | person shall be sentenced to a term of imprisonment of not | ||||||
11 | less than 3 years and not more than 7 years. | ||||||
12 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
13 | or in possession of body armor as defined in Section 33F-1 | ||||||
14 | by a person who has not been issued a valid Firearms | ||||||
15 | Owner's Identification Card in accordance with Section 5 of | ||||||
16 | the Firearm Owners Identification Card Act is a Class X | ||||||
17 | felony.
| ||||||
18 | (e) The possession of each firearm in violation of this | ||||||
19 | Section constitutes a single and separate violation. | ||||||
20 | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | ||||||
21 | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.) | ||||||
22 | (720 ILCS 5/24-1.8) | ||||||
23 | Sec. 24-1.8. Unlawful possession of a firearm by a street | ||||||
24 | gang member. | ||||||
25 | (a) A person
commits unlawful possession of a firearm by a |
| |||||||
| |||||||
1 | street gang member when he or she knowingly: | ||||||
2 | (1) possesses, carries, or conceals on or about his or | ||||||
3 | her person a firearm and firearm ammunition while on any | ||||||
4 | street, road, alley, gangway, sidewalk, or any other lands, | ||||||
5 | except when inside his or her own abode or inside his or | ||||||
6 | her fixed place of business, and has not been issued a | ||||||
7 | currently valid Firearm Owner's Identification Card and is | ||||||
8 | a member of a street gang; or | ||||||
9 | (2) possesses or carries in any vehicle a firearm and | ||||||
10 | firearm ammunition which are both immediately accessible | ||||||
11 | at the time of the offense while on any street, road, | ||||||
12 | alley, or any other lands, except when inside his or her | ||||||
13 | own abode or garage, and has not been issued a currently | ||||||
14 | valid Firearm Owner's Identification Card and is a member | ||||||
15 | of a street gang. | ||||||
16 | (b) Unlawful possession of a firearm by a street gang | ||||||
17 | member is a Class 2 felony for which the person, if sentenced | ||||||
18 | to a term of imprisonment, shall be sentenced to no less than 4 | ||||||
19 | 3 years and no more than 10 years. A period of probation, a | ||||||
20 | term of periodic imprisonment or conditional discharge shall | ||||||
21 | not be imposed for the offense of unlawful possession of a | ||||||
22 | firearm by a street gang member when the firearm was loaded or | ||||||
23 | contained firearm ammunition and the court shall sentence the | ||||||
24 | offender to not less than the minimum term of imprisonment | ||||||
25 | authorized for the Class 2 felony. | ||||||
26 | (c) For purposes of this Section: |
| |||||||
| |||||||
1 | "Street gang" or "gang" has the meaning ascribed to it | ||||||
2 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
3 | Prevention Act. | ||||||
4 | "Street gang member" or "gang member" has the meaning | ||||||
5 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
6 | Terrorism Omnibus Prevention Act.
| ||||||
7 | (Source: P.A. 96-829, eff. 12-3-09.) | ||||||
8 | (720 ILCS 5/24-11 new) | ||||||
9 | Sec. 24-11. Deadly weapons dispositions; report. Each | ||||||
10 | circuit court shall transmit to every local law enforcement | ||||||
11 | agency located within the circuit, on a quarterly basis, the | ||||||
12 | disposition of all cases involving violations of this Article | ||||||
13 | 24 within the previous quarter. | ||||||
14 | Section 10. The Unified Code of Corrections is amended by | ||||||
15 | changing Sections 3-6-3 and 5-5-3 as follows:
| ||||||
16 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
17 | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| ||||||
18 | (a) (1) The Department of Corrections shall prescribe | ||||||
19 | rules
and regulations for awarding and revoking sentence | ||||||
20 | credit for persons committed to the Department which shall
| ||||||
21 | be subject to review by the Prisoner Review Board.
| ||||||
22 | (1.5) As otherwise provided by law, sentence credit may | ||||||
23 | be 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 | ||||||
5 | the Department; or | ||||||
6 | (C) service to the institution, service to a | ||||||
7 | community, or service to the State.
| ||||||
8 | (2) The rules and regulations on sentence credit shall | ||||||
9 | provide, with
respect to offenses listed in clause (i), | ||||||
10 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
11 | June 19, 1998 or with respect to the offense listed in | ||||||
12 | clause (iv) of this paragraph (2) committed on or after | ||||||
13 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
14 | with
respect to offense listed in clause (vi)
committed on | ||||||
15 | or after June 1, 2008 (the effective date of Public Act | ||||||
16 | 95-625)
or with respect to the offense of being an armed | ||||||
17 | habitual criminal committed on or after August 2, 2005 (the | ||||||
18 | effective date of Public Act 94-398) or with respect to the | ||||||
19 | offenses listed in clause (v) of this paragraph (2) | ||||||
20 | committed on or after August 13, 2007 (the effective date | ||||||
21 | of Public Act 95-134) or with respect to the offense of | ||||||
22 | aggravated domestic battery committed on or after July 23, | ||||||
23 | 2010 (the effective date of Public Act 96-1224) or with | ||||||
24 | respect to the offense of attempt to commit terrorism | ||||||
25 | committed on or after January 1, 2013 (the effective date | ||||||
26 | of Public Act 97-990) or with
respect to offenses listed in |
| |||||||
| |||||||
1 | clause (viii)
committed on or after the effective date of | ||||||
2 | this amendatory Act of the 98th General Assembly , the | ||||||
3 | following:
| ||||||
4 | (i) that a prisoner who is serving a term of | ||||||
5 | imprisonment for first
degree murder or for the offense | ||||||
6 | of terrorism shall receive no sentence
credit and shall | ||||||
7 | serve the entire
sentence imposed by the court;
| ||||||
8 | (ii) that a prisoner serving a sentence for attempt | ||||||
9 | to commit terrorism, attempt to commit first
degree | ||||||
10 | murder, solicitation of murder, solicitation of murder | ||||||
11 | for hire,
intentional homicide of an unborn child, | ||||||
12 | predatory criminal sexual assault of a
child, | ||||||
13 | aggravated criminal sexual assault, criminal sexual | ||||||
14 | assault, aggravated
kidnapping, aggravated battery | ||||||
15 | with a firearm as described in Section 12-4.2 or | ||||||
16 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||||||
17 | Section 12-3.05, heinous battery as described in | ||||||
18 | Section 12-4.1 or subdivision (a)(2) of Section | ||||||
19 | 12-3.05, being an armed habitual criminal, aggravated
| ||||||
20 | battery of a senior citizen as described in Section | ||||||
21 | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | ||||||
22 | aggravated battery of a child as described in Section | ||||||
23 | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | ||||||
24 | receive no
more than 4.5 days of sentence credit for | ||||||
25 | each month of his or her sentence
of imprisonment;
| ||||||
26 | (iii) that a prisoner serving a sentence
for home |
| |||||||
| |||||||
1 | invasion, armed robbery, aggravated vehicular | ||||||
2 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
3 | violence with a category I weapon
or category II | ||||||
4 | weapon, when the court
has made and entered a finding, | ||||||
5 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
6 | Code, that the conduct leading to conviction for the | ||||||
7 | enumerated offense
resulted in great bodily harm to a | ||||||
8 | victim, shall receive no more than 4.5 days
of sentence | ||||||
9 | credit for each month of his or her sentence of | ||||||
10 | imprisonment;
| ||||||
11 | (iv) that a prisoner serving a sentence for | ||||||
12 | aggravated discharge of a firearm, whether or not the | ||||||
13 | conduct leading to conviction for the offense resulted | ||||||
14 | in great bodily harm to the victim, shall receive no | ||||||
15 | more than 4.5 days of sentence credit for each month of | ||||||
16 | his or her sentence of imprisonment;
| ||||||
17 | (v) that a person serving a sentence for | ||||||
18 | gunrunning, narcotics racketeering, controlled | ||||||
19 | substance trafficking, methamphetamine trafficking, | ||||||
20 | drug-induced homicide, aggravated | ||||||
21 | methamphetamine-related child endangerment, money | ||||||
22 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
23 | 29B-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012, or a Class X felony conviction for delivery of | ||||||
25 | a controlled substance, possession of a controlled | ||||||
26 | substance with intent to manufacture or deliver, |
| |||||||
| |||||||
1 | calculated criminal drug conspiracy, criminal drug | ||||||
2 | conspiracy, street gang criminal drug conspiracy, | ||||||
3 | participation in methamphetamine manufacturing, | ||||||
4 | aggravated participation in methamphetamine | ||||||
5 | manufacturing, delivery of methamphetamine, possession | ||||||
6 | with intent to deliver methamphetamine, aggravated | ||||||
7 | delivery of methamphetamine, aggravated possession | ||||||
8 | with intent to deliver methamphetamine, | ||||||
9 | methamphetamine conspiracy when the substance | ||||||
10 | containing the controlled substance or methamphetamine | ||||||
11 | is 100 grams or more shall receive no more than 7.5 | ||||||
12 | days sentence credit for each month of his or her | ||||||
13 | sentence of imprisonment;
| ||||||
14 | (vi)
that a prisoner serving a sentence for a | ||||||
15 | second or subsequent offense of luring a minor shall | ||||||
16 | receive no more than 4.5 days of sentence credit for | ||||||
17 | each month of his or her sentence of imprisonment; and
| ||||||
18 | (vii) that a prisoner serving a sentence for | ||||||
19 | aggravated domestic battery shall receive no more than | ||||||
20 | 4.5 days of sentence credit for each month of his or | ||||||
21 | her sentence of imprisonment ; and | ||||||
22 | (viii) that a prisoner serving a sentence for a | ||||||
23 | violation of Section 24-1.1, 24-1.6, or 24-1.8 or | ||||||
24 | subsection 24-1(a)(4) or 24-1(a)(10) of the Criminal | ||||||
25 | Code of 2012 shall receive no more than 4.5 days of | ||||||
26 | sentence credit for each month of his or her sentence |
| |||||||
| |||||||
1 | of imprisonment .
| ||||||
2 | (2.1) For all offenses, other than those enumerated in | ||||||
3 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
4 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
5 | after June 23, 2005 (the effective date of Public Act | ||||||
6 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
7 | August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
8 | or subdivision (a)(2)(vi) committed on or after June 1, | ||||||
9 | 2008 (the effective date of Public Act 95-625) or | ||||||
10 | subdivision (a)(2)(vii) committed on or after July 23, 2010 | ||||||
11 | (the effective date of Public Act 96-1224), and other than | ||||||
12 | the offense of aggravated driving under the influence of | ||||||
13 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
14 | compounds, or any combination thereof as defined in
| ||||||
15 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
16 | Section 11-501 of the
Illinois Vehicle Code, and other than | ||||||
17 | the offense of aggravated driving under the influence of | ||||||
18 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
19 | compounds, or any combination
thereof as defined in | ||||||
20 | subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
21 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
22 | after January 1, 2011 (the effective date of Public Act | ||||||
23 | 96-1230),
the rules and regulations shall
provide that a | ||||||
24 | prisoner who is serving a term of
imprisonment shall | ||||||
25 | receive one day of sentence credit for each day of
his or | ||||||
26 | her sentence of imprisonment or recommitment under Section |
| |||||||
| |||||||
1 | 3-3-9.
Each day of sentence credit shall reduce by one day | ||||||
2 | the prisoner's period
of imprisonment or recommitment | ||||||
3 | under Section 3-3-9.
| ||||||
4 | (2.2) A prisoner serving a term of natural life | ||||||
5 | imprisonment or a
prisoner who has been sentenced to death | ||||||
6 | shall receive no sentence
credit.
| ||||||
7 | (2.3) The rules and regulations on sentence credit | ||||||
8 | shall provide that
a prisoner who is serving a sentence for | ||||||
9 | aggravated driving under the influence of alcohol,
other | ||||||
10 | drug or drugs, or intoxicating compound or compounds, or | ||||||
11 | any combination
thereof as defined in subparagraph (F) of | ||||||
12 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
13 | Illinois Vehicle Code, shall receive no more than 4.5
days | ||||||
14 | of sentence credit for each month of his or her sentence of
| ||||||
15 | imprisonment.
| ||||||
16 | (2.4) The rules and regulations on sentence credit | ||||||
17 | shall provide with
respect to the offenses of aggravated | ||||||
18 | battery with a machine gun or a firearm
equipped with any | ||||||
19 | device or attachment designed or used for silencing the
| ||||||
20 | report of a firearm or aggravated discharge of a machine | ||||||
21 | gun or a firearm
equipped with any device or attachment | ||||||
22 | designed or used for silencing the
report of a firearm, | ||||||
23 | committed on or after
July 15, 1999 (the effective date of | ||||||
24 | Public Act 91-121),
that a prisoner serving a sentence for | ||||||
25 | any of these offenses shall receive no
more than 4.5 days | ||||||
26 | of sentence credit for each month of his or her sentence
of |
| |||||||
| |||||||
1 | imprisonment.
| ||||||
2 | (2.5) The rules and regulations on sentence credit | ||||||
3 | shall provide that a
prisoner who is serving a sentence for | ||||||
4 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
5 | effective date of Public Act 92-176) shall receive no more | ||||||
6 | than
4.5 days of sentence credit for each month of his or | ||||||
7 | her sentence of
imprisonment.
| ||||||
8 | (2.6) The rules and regulations on sentence credit | ||||||
9 | shall provide that a
prisoner who is serving a sentence for | ||||||
10 | aggravated driving under the influence of alcohol,
other | ||||||
11 | drug or drugs, or intoxicating compound or compounds or any | ||||||
12 | combination
thereof as defined in subparagraph (C) of | ||||||
13 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
14 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
15 | (the effective date of Public Act 96-1230) shall receive no | ||||||
16 | more than 4.5
days of sentence credit for each month of his | ||||||
17 | or her sentence of
imprisonment.
| ||||||
18 | (3) The rules and regulations shall also provide that
| ||||||
19 | the Director may award up to 180 days additional sentence
| ||||||
20 | credit for good conduct in specific instances as the
| ||||||
21 | Director deems proper. The good conduct may include, but is | ||||||
22 | not limited to, compliance with the rules and regulations | ||||||
23 | of the Department, service to the Department, service to a | ||||||
24 | community, or service to the State. However, the Director | ||||||
25 | shall not award more than 90 days
of sentence credit for | ||||||
26 | good conduct to any prisoner who is serving a sentence for
|
| |||||||
| |||||||
1 | conviction of first degree murder, reckless homicide while | ||||||
2 | under the
influence of alcohol or any other drug,
or | ||||||
3 | aggravated driving under the influence of alcohol, other | ||||||
4 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
5 | any combination thereof as defined in
subparagraph (F) of | ||||||
6 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
7 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
8 | predatory criminal sexual assault of a child,
aggravated | ||||||
9 | criminal sexual assault, criminal sexual assault, deviate | ||||||
10 | sexual
assault, aggravated criminal sexual abuse, | ||||||
11 | aggravated indecent liberties
with a child, indecent | ||||||
12 | liberties with a child, child pornography, heinous
battery | ||||||
13 | as described in Section 12-4.1 or subdivision (a)(2) of | ||||||
14 | Section 12-3.05, aggravated battery of a spouse, | ||||||
15 | aggravated battery of a spouse
with a firearm, stalking, | ||||||
16 | aggravated stalking, aggravated battery of a child as | ||||||
17 | described in Section 12-4.3 or subdivision (b)(1) of | ||||||
18 | Section 12-3.05,
endangering the life or health of a child, | ||||||
19 | or cruelty to a child. Notwithstanding the foregoing, | ||||||
20 | sentence credit for
good conduct shall not be awarded on a
| ||||||
21 | sentence of imprisonment imposed for conviction of: (i) one | ||||||
22 | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | ||||||
23 | or (iii) when the offense is committed on or after
June 19, | ||||||
24 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
25 | committed on or after June 23, 2005 (the effective date of | ||||||
26 | Public Act 94-71) or subdivision (a)(2)(v) when the offense |
| |||||||
| |||||||
1 | is committed on or after August 13, 2007 (the effective | ||||||
2 | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||||||
3 | the offense is committed on or after June 1, 2008 (the | ||||||
4 | effective date of Public Act 95-625) or subdivision | ||||||
5 | (a)(2)(vii) when the offense is committed on or after July | ||||||
6 | 23, 2010 (the effective date of Public Act 96-1224), (ii) | ||||||
7 | aggravated driving under the influence of alcohol, other | ||||||
8 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
9 | any combination thereof as defined in
subparagraph (F) of | ||||||
10 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
11 | Illinois Vehicle Code, (iii) one of the offenses enumerated | ||||||
12 | in subdivision
(a)(2.4) when the offense is committed on or | ||||||
13 | after
July 15, 1999 (the effective date of Public Act | ||||||
14 | 91-121),
(iv) aggravated arson when the offense is | ||||||
15 | committed
on or after July 27, 2001 (the effective date of | ||||||
16 | Public Act 92-176), (v) offenses that may subject the | ||||||
17 | offender to commitment under the Sexually Violent Persons | ||||||
18 | Commitment Act, or (vi) aggravated driving under the | ||||||
19 | influence of alcohol,
other drug or drugs, or intoxicating | ||||||
20 | compound or compounds or any combination
thereof as defined | ||||||
21 | in subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
22 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
23 | after January 1, 2011 (the effective date of Public Act | ||||||
24 | 96-1230).
| ||||||
25 | Eligible inmates for an award of sentence credit under
this | ||||||
26 | paragraph (3) may be selected to receive the credit at
the |
| |||||||
| |||||||
1 | Director's or his or her designee's sole discretion.
| ||||||
2 | Consideration may be based on, but not limited to, any
| ||||||
3 | available risk assessment analysis on the inmate, any history | ||||||
4 | of conviction for violent crimes as defined by the Rights of | ||||||
5 | Crime Victims and Witnesses Act, facts and circumstances of the | ||||||
6 | inmate's holding offense or offenses, and the potential for | ||||||
7 | rehabilitation. | ||||||
8 | The Director shall not award sentence credit under this | ||||||
9 | paragraph (3) to an inmate unless the inmate has served a | ||||||
10 | minimum of 60 days of the sentence; except nothing in this | ||||||
11 | paragraph shall be construed to permit the Director to extend | ||||||
12 | an inmate's sentence beyond that which was imposed by the | ||||||
13 | court. Prior to awarding credit under this paragraph (3), the | ||||||
14 | Director shall make a written determination that the inmate: | ||||||
15 | (A) is eligible for the sentence credit; | ||||||
16 | (B) has served a minimum of 60 days, or as close to | ||||||
17 | 60 days as the sentence will allow; and | ||||||
18 | (C) has met the eligibility criteria established | ||||||
19 | by rule. | ||||||
20 | The Director shall determine the form and content of | ||||||
21 | the written determination required in this subsection. | ||||||
22 | (3.5) The Department shall provide annual written | ||||||
23 | reports to the Governor and the General Assembly on the | ||||||
24 | award of sentence credit for good conduct, with the first | ||||||
25 | report due January 1, 2014. The Department must publish | ||||||
26 | both reports on its website within 48 hours of transmitting |
| |||||||
| |||||||
1 | the reports to the Governor and the General Assembly. The | ||||||
2 | reports must include: | ||||||
3 | (A) the number of inmates awarded sentence credit | ||||||
4 | for good conduct; | ||||||
5 | (B) the average amount of sentence credit for good | ||||||
6 | conduct awarded; | ||||||
7 | (C) the holding offenses of inmates awarded | ||||||
8 | sentence credit for good conduct; and | ||||||
9 | (D) the number of sentence credit for good conduct | ||||||
10 | revocations.
| ||||||
11 | (4) The rules and regulations shall also provide that | ||||||
12 | the sentence
credit accumulated and retained under | ||||||
13 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
14 | inmate during specific periods of time in which such
inmate | ||||||
15 | is engaged full-time in substance abuse programs, | ||||||
16 | correctional
industry assignments, educational programs, | ||||||
17 | behavior modification programs, life skills courses, or | ||||||
18 | re-entry planning provided by the Department
under this | ||||||
19 | paragraph (4) and satisfactorily completes the assigned | ||||||
20 | program as
determined by the standards of the Department, | ||||||
21 | shall be multiplied by a factor
of 1.25 for program | ||||||
22 | participation before August 11, 1993
and 1.50 for program | ||||||
23 | participation on or after that date.
The rules and | ||||||
24 | regulations shall also provide that sentence credit, | ||||||
25 | subject to the same offense limits and multiplier provided | ||||||
26 | in this paragraph, may be provided to an inmate who was |
| |||||||
| |||||||
1 | held in pre-trial detention prior to his or her current | ||||||
2 | commitment to the Department of Corrections and | ||||||
3 | successfully completed a full-time, 60-day or longer | ||||||
4 | substance abuse program, educational program, behavior | ||||||
5 | modification program, life skills course, or re-entry | ||||||
6 | planning provided by the county department of corrections | ||||||
7 | or county jail. Calculation of this county program credit | ||||||
8 | shall be done at sentencing as provided in Section | ||||||
9 | 5-4.5-100 of this Code and shall be included in the | ||||||
10 | sentencing order. However, no inmate shall be eligible for | ||||||
11 | the additional sentence credit
under this paragraph (4) or | ||||||
12 | (4.1) of this subsection (a) while assigned to a boot camp
| ||||||
13 | or electronic detention, or if convicted of an offense | ||||||
14 | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | ||||||
15 | Section that is committed on or after June 19,
1998 or | ||||||
16 | subdivision (a)(2)(iv) of this Section that is committed on | ||||||
17 | or after June 23, 2005 (the effective date of Public Act | ||||||
18 | 94-71) or subdivision (a)(2)(v) of this Section that is | ||||||
19 | committed on or after August 13, 2007 (the effective date | ||||||
20 | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | ||||||
21 | offense is committed on or after June 1, 2008 (the | ||||||
22 | effective date of Public Act 95-625) or subdivision | ||||||
23 | (a)(2)(vii) when the offense is committed on or after July | ||||||
24 | 23, 2010 (the effective date of Public Act 96-1224), or if | ||||||
25 | convicted of aggravated driving under the influence of | ||||||
26 | alcohol, other drug or drugs, or
intoxicating compound or |
| |||||||
| |||||||
1 | compounds or any combination thereof as defined in
| ||||||
2 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
3 | Section 11-501 of the
Illinois Vehicle Code, or if | ||||||
4 | convicted of aggravated driving under the influence of | ||||||
5 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
6 | compounds or any combination
thereof as defined in | ||||||
7 | subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
8 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
9 | after January 1, 2011 (the effective date of Public Act | ||||||
10 | 96-1230), or if convicted of an offense enumerated in | ||||||
11 | paragraph
(a)(2.4) of this Section that is committed on or | ||||||
12 | after
July 15, 1999 (the effective date of Public Act | ||||||
13 | 91-121),
or first degree murder, a Class X felony, criminal | ||||||
14 | sexual
assault, felony criminal sexual abuse, aggravated | ||||||
15 | criminal sexual abuse,
aggravated battery with a firearm as | ||||||
16 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
17 | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | ||||||
18 | successor offenses
with the same or substantially the same | ||||||
19 | elements, or any inchoate offenses
relating to the | ||||||
20 | foregoing offenses. No inmate shall be eligible for the
| ||||||
21 | additional good conduct credit under this paragraph (4) who | ||||||
22 | (i) has previously
received increased good conduct credit | ||||||
23 | under this paragraph (4) and has
subsequently been | ||||||
24 | convicted of a
felony, or (ii) has previously served more | ||||||
25 | than one prior sentence of
imprisonment for a felony in an | ||||||
26 | adult correctional facility.
|
| |||||||
| |||||||
1 | Educational, vocational, substance abuse, behavior | ||||||
2 | modification programs, life skills courses, re-entry | ||||||
3 | planning, and correctional
industry programs under which | ||||||
4 | sentence credit may be increased under
this paragraph (4) | ||||||
5 | and paragraph (4.1) of this subsection (a) shall be | ||||||
6 | evaluated by the Department on the basis of
documented | ||||||
7 | standards. The Department shall report the results of these
| ||||||
8 | evaluations to the Governor and the General Assembly by | ||||||
9 | September 30th of each
year. The reports shall include data | ||||||
10 | relating to the recidivism rate among
program | ||||||
11 | participants.
| ||||||
12 | Availability of these programs shall be subject to the
| ||||||
13 | limits of fiscal resources appropriated by the General | ||||||
14 | Assembly for these
purposes. Eligible inmates who are | ||||||
15 | denied immediate admission shall be
placed on a waiting | ||||||
16 | list under criteria established by the Department.
The | ||||||
17 | inability of any inmate to become engaged in any such | ||||||
18 | programs
by reason of insufficient program resources or for | ||||||
19 | any other reason
established under the rules and | ||||||
20 | regulations of the Department shall not be
deemed a cause | ||||||
21 | of action under which the Department or any employee or
| ||||||
22 | agent of the Department shall be liable for damages to the | ||||||
23 | inmate.
| ||||||
24 | (4.1) The rules and regulations shall also provide that | ||||||
25 | an additional 60 days of sentence credit shall be awarded | ||||||
26 | to any prisoner who passes the high school level Test of |
| |||||||
| |||||||
1 | General Educational Development (GED) while the prisoner | ||||||
2 | is committed to the Department of Corrections. The sentence | ||||||
3 | credit awarded under this paragraph (4.1) shall be in | ||||||
4 | addition to, and shall not affect, the award of sentence | ||||||
5 | credit under any other paragraph of this Section, but shall | ||||||
6 | also be pursuant to the guidelines and restrictions set | ||||||
7 | forth in paragraph (4) of subsection (a) of this Section.
| ||||||
8 | The sentence credit provided for in this paragraph shall be | ||||||
9 | available only to those prisoners who have not previously | ||||||
10 | earned a high school diploma or a GED. If, after an award | ||||||
11 | of the GED sentence credit has been made and the Department | ||||||
12 | determines that the prisoner was not eligible, then the | ||||||
13 | award shall be revoked.
The Department may also award 60 | ||||||
14 | days of sentence credit to any committed person who passed | ||||||
15 | the high school level Test of General Educational | ||||||
16 | Development (GED) while he or she was held in pre-trial | ||||||
17 | detention prior to the current commitment to the Department | ||||||
18 | of Corrections.
| ||||||
19 | (4.5) The rules and regulations on sentence credit | ||||||
20 | shall also provide that
when the court's sentencing order | ||||||
21 | recommends a prisoner for substance abuse treatment and the
| ||||||
22 | crime was committed on or after September 1, 2003 (the | ||||||
23 | effective date of
Public Act 93-354), the prisoner shall | ||||||
24 | receive no sentence credit awarded under clause (3) of this | ||||||
25 | subsection (a) unless he or she participates in and
| ||||||
26 | completes a substance abuse treatment program. The |
| |||||||
| |||||||
1 | Director may waive the requirement to participate in or | ||||||
2 | complete a substance abuse treatment program and award the | ||||||
3 | sentence credit in specific instances if the prisoner is | ||||||
4 | not a good candidate for a substance abuse treatment | ||||||
5 | program for medical, programming, or operational reasons. | ||||||
6 | Availability of
substance abuse treatment shall be subject | ||||||
7 | to the limits of fiscal resources
appropriated by the | ||||||
8 | General Assembly for these purposes. If treatment is not
| ||||||
9 | available and the requirement to participate and complete | ||||||
10 | the treatment has not been waived by the Director, the | ||||||
11 | prisoner shall be placed on a waiting list under criteria
| ||||||
12 | established by the Department. The Director may allow a | ||||||
13 | prisoner placed on
a waiting list to participate in and | ||||||
14 | complete a substance abuse education class or attend | ||||||
15 | substance
abuse self-help meetings in lieu of a substance | ||||||
16 | abuse treatment program. A prisoner on a waiting list who | ||||||
17 | is not placed in a substance abuse program prior to release | ||||||
18 | may be eligible for a waiver and receive sentence credit | ||||||
19 | under clause (3) of this subsection (a) at the discretion | ||||||
20 | of the Director.
| ||||||
21 | (4.6) The rules and regulations on sentence credit | ||||||
22 | shall also provide that a prisoner who has been convicted | ||||||
23 | of a sex offense as defined in Section 2 of the Sex | ||||||
24 | Offender Registration Act shall receive no sentence credit | ||||||
25 | unless he or she either has successfully completed or is | ||||||
26 | participating in sex offender treatment as defined by the |
| |||||||
| |||||||
1 | Sex Offender Management Board. However, prisoners who are | ||||||
2 | waiting to receive treatment, but who are unable to do so | ||||||
3 | due solely to the lack of resources on the part of the | ||||||
4 | Department, may, at the Director's sole discretion, be | ||||||
5 | awarded sentence credit at a rate as the Director shall | ||||||
6 | determine.
| ||||||
7 | (5) Whenever the Department is to release any inmate | ||||||
8 | earlier than it
otherwise would because of a grant of | ||||||
9 | sentence credit for good conduct under paragraph (3) of | ||||||
10 | subsection (a) of this Section given at any time during the | ||||||
11 | term, the Department shall give
reasonable notice of the | ||||||
12 | impending release not less than 14 days prior to the date | ||||||
13 | of the release to the State's
Attorney of the county where | ||||||
14 | the prosecution of the inmate took place, and if | ||||||
15 | applicable, the State's Attorney of the county into which | ||||||
16 | the inmate will be released. The Department must also make | ||||||
17 | identification information and a recent photo of the inmate | ||||||
18 | being released accessible on the Internet by means of a | ||||||
19 | hyperlink labeled "Community Notification of Inmate Early | ||||||
20 | Release" on the Department's World Wide Web homepage.
The | ||||||
21 | identification information shall include the inmate's: | ||||||
22 | name, any known alias, date of birth, physical | ||||||
23 | characteristics, residence address, commitment offense and | ||||||
24 | county where conviction was imposed. The identification | ||||||
25 | information shall be placed on the website within 3 days of | ||||||
26 | the inmate's release and the information may not be removed |
| |||||||
| |||||||
1 | until either: completion of the first year of mandatory | ||||||
2 | supervised release or return of the inmate to custody of | ||||||
3 | the Department.
| ||||||
4 | (b) Whenever a person is or has been committed under
| ||||||
5 | several convictions, with separate sentences, the sentences
| ||||||
6 | shall be construed under Section 5-8-4 in granting and
| ||||||
7 | forfeiting of sentence credit.
| ||||||
8 | (c) The Department shall prescribe rules and regulations
| ||||||
9 | for revoking sentence credit, including revoking sentence | ||||||
10 | credit awarded for good conduct under paragraph (3) of | ||||||
11 | subsection (a) of this Section. The Department shall prescribe | ||||||
12 | rules and regulations for suspending or reducing
the rate of | ||||||
13 | accumulation of sentence credit for specific
rule violations, | ||||||
14 | during imprisonment. These rules and regulations
shall provide | ||||||
15 | that no inmate may be penalized more than one
year of sentence | ||||||
16 | credit for any one infraction.
| ||||||
17 | When the Department seeks to revoke, suspend or reduce
the | ||||||
18 | rate of accumulation of any sentence credits for
an alleged | ||||||
19 | infraction of its rules, it shall bring charges
therefor | ||||||
20 | against the prisoner sought to be so deprived of
sentence | ||||||
21 | credits before the Prisoner Review Board as
provided in | ||||||
22 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
23 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
24 | month period, the cumulative amount of
credit revoked exceeds | ||||||
25 | 30 days except where the infraction is committed
or discovered | ||||||
26 | within 60 days of scheduled release. In those cases,
the |
| |||||||
| |||||||
1 | Department of Corrections may revoke up to 30 days of sentence | ||||||
2 | credit.
The Board may subsequently approve the revocation of | ||||||
3 | additional sentence credit, if the Department seeks to revoke | ||||||
4 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
5 | not be empowered to review the
Department's decision with | ||||||
6 | respect to the loss of 30 days of sentence
credit within any | ||||||
7 | calendar year for any prisoner or to increase any penalty
| ||||||
8 | beyond the length requested by the Department.
| ||||||
9 | The Director of the Department of Corrections, in | ||||||
10 | appropriate cases, may
restore up to 30 days of sentence | ||||||
11 | credits which have been revoked, suspended
or reduced. Any | ||||||
12 | restoration of sentence credits in excess of 30 days shall
be | ||||||
13 | subject to review by the Prisoner Review Board. However, the | ||||||
14 | Board may not
restore sentence credit in excess of the amount | ||||||
15 | requested by the Director.
| ||||||
16 | Nothing contained in this Section shall prohibit the | ||||||
17 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
18 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
19 | sentence imposed by the court that was not served due to the
| ||||||
20 | accumulation of sentence credit.
| ||||||
21 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
22 | federal court
against the State, the Department of Corrections, | ||||||
23 | or the Prisoner Review Board,
or against any of
their officers | ||||||
24 | or employees, and the court makes a specific finding that a
| ||||||
25 | pleading, motion, or other paper filed by the prisoner is | ||||||
26 | frivolous, the
Department of Corrections shall conduct a |
| |||||||
| |||||||
1 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
2 | charges against the prisoner
sought to be deprived of the | ||||||
3 | sentence credits before the Prisoner Review
Board as provided | ||||||
4 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
5 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
6 | time of the finding, then the Prisoner Review Board may revoke | ||||||
7 | all
sentence credit accumulated by the prisoner.
| ||||||
8 | For purposes of this subsection (d):
| ||||||
9 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
10 | filing which
purports to be a legal document filed by a | ||||||
11 | prisoner in his or her lawsuit meets
any or all of the | ||||||
12 | following criteria:
| ||||||
13 | (A) it lacks an arguable basis either in law or in | ||||||
14 | fact;
| ||||||
15 | (B) it is being presented for any improper purpose, | ||||||
16 | such as to harass or
to cause unnecessary delay or | ||||||
17 | needless increase in the cost of litigation;
| ||||||
18 | (C) the claims, defenses, and other legal | ||||||
19 | contentions therein are not
warranted by existing law | ||||||
20 | or by a nonfrivolous argument for the extension,
| ||||||
21 | modification, or reversal of existing law or the | ||||||
22 | establishment of new law;
| ||||||
23 | (D) the allegations and other factual contentions | ||||||
24 | do not have
evidentiary
support or, if specifically so | ||||||
25 | identified, are not likely to have evidentiary
support | ||||||
26 | after a reasonable opportunity for further |
| |||||||
| |||||||
1 | investigation or discovery;
or
| ||||||
2 | (E) the denials of factual contentions are not | ||||||
3 | warranted on the
evidence, or if specifically so | ||||||
4 | identified, are not reasonably based on a lack
of | ||||||
5 | information or belief.
| ||||||
6 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
7 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
8 | action under
Article X of the Code of Civil Procedure or | ||||||
9 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
10 | under the Court of Claims Act, an action under the
federal | ||||||
11 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
12 | subsequent petition for post-conviction relief under | ||||||
13 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
14 | whether filed with or without leave of court or a second or | ||||||
15 | subsequent petition for relief from judgment under Section | ||||||
16 | 2-1401 of the Code of Civil Procedure.
| ||||||
17 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
18 | validity of Public Act 89-404.
| ||||||
19 | (f) Whenever the Department is to release any inmate who | ||||||
20 | has been convicted of a violation of an order of protection | ||||||
21 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
23 | because of a grant of sentence credit, the Department, as a | ||||||
24 | condition of release, shall require that the person, upon | ||||||
25 | release, be placed under electronic surveillance as provided in | ||||||
26 | Section 5-8A-7 of this Code. |
| |||||||
| |||||||
1 | (Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; | ||||||
2 | 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. | ||||||
3 | 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, | ||||||
4 | eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; | ||||||
5 | 97-1150, eff. 1-25-13.)
| ||||||
6 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
7 | Sec. 5-5-3. Disposition.
| ||||||
8 | (a) (Blank).
| ||||||
9 | (b) (Blank).
| ||||||
10 | (c) (1) (Blank).
| ||||||
11 | (2) A period of probation, a term of periodic | ||||||
12 | imprisonment or
conditional discharge shall not be imposed | ||||||
13 | for the following offenses.
The court shall sentence the | ||||||
14 | offender to not less than the minimum term
of imprisonment | ||||||
15 | set forth in this Code for the following offenses, and
may | ||||||
16 | order a fine or restitution or both in conjunction with | ||||||
17 | such term of
imprisonment:
| ||||||
18 | (A) First degree murder where the death penalty is | ||||||
19 | not imposed.
| ||||||
20 | (B) Attempted first degree murder.
| ||||||
21 | (C) A Class X felony.
| ||||||
22 | (D) A violation of Section 401.1 or 407 of the
| ||||||
23 | Illinois Controlled Substances Act, or a violation of | ||||||
24 | subdivision (c)(1.5) or
(c)(2) of
Section 401 of that | ||||||
25 | Act which relates to more than 5 grams of a substance
|
| |||||||
| |||||||
1 | containing cocaine, fentanyl, or an analog thereof.
| ||||||
2 | (D-5) A violation of subdivision (c)(1) of
Section | ||||||
3 | 401 of the Illinois Controlled Substances Act which | ||||||
4 | relates to 3 or more grams of a substance
containing | ||||||
5 | heroin or an analog thereof.
| ||||||
6 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
7 | Control
Act.
| ||||||
8 | (F) A Class 2 or greater felony if the offender had | ||||||
9 | been convicted
of a Class 2 or greater felony, | ||||||
10 | including any state or federal conviction for an | ||||||
11 | offense that contained, at the time it was committed, | ||||||
12 | the same elements as an offense now (the date of the | ||||||
13 | offense committed after the prior Class 2 or greater | ||||||
14 | felony) classified as a Class 2 or greater felony, | ||||||
15 | within 10 years of the date on which the
offender
| ||||||
16 | committed the offense for which he or she is being | ||||||
17 | sentenced, except as
otherwise provided in Section | ||||||
18 | 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
19 | Dependency Act.
| ||||||
20 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
21 | 24-1.6 , or 24-1.8 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012 for which imprisonment is | ||||||
23 | prescribed in those Sections.
| ||||||
24 | (G) Residential burglary, except as otherwise | ||||||
25 | provided in Section 40-10
of the Alcoholism and Other | ||||||
26 | Drug Abuse and Dependency Act.
|
| |||||||
| |||||||
1 | (H) Criminal sexual assault.
| ||||||
2 | (I) Aggravated battery of a senior citizen as | ||||||
3 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
4 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012.
| ||||||
6 | (J) A forcible felony if the offense was related to | ||||||
7 | the activities of an
organized gang.
| ||||||
8 | Before July 1, 1994, for the purposes of this | ||||||
9 | paragraph, "organized
gang" means an association of 5 | ||||||
10 | or more persons, with an established hierarchy,
that | ||||||
11 | encourages members of the association to perpetrate | ||||||
12 | crimes or provides
support to the members of the | ||||||
13 | association who do commit crimes.
| ||||||
14 | Beginning July 1, 1994, for the purposes of this | ||||||
15 | paragraph,
"organized gang" has the meaning ascribed | ||||||
16 | to it in Section 10 of the Illinois
Streetgang | ||||||
17 | Terrorism Omnibus Prevention Act.
| ||||||
18 | (K) Vehicular hijacking.
| ||||||
19 | (L) A second or subsequent conviction for the | ||||||
20 | offense of hate crime
when the underlying offense upon | ||||||
21 | which the hate crime is based is felony
aggravated
| ||||||
22 | assault or felony mob action.
| ||||||
23 | (M) A second or subsequent conviction for the | ||||||
24 | offense of institutional
vandalism if the damage to the | ||||||
25 | property exceeds $300.
| ||||||
26 | (N) A Class 3 felony violation of paragraph (1) of |
| |||||||
| |||||||
1 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
2 | Identification Card Act.
| ||||||
3 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
5 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
6 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
8 | (Q) A violation of subsection (b) or (b-5) of | ||||||
9 | Section 20-1, Section 20-1.2, or Section 20-1.3 of the | ||||||
10 | Criminal Code of
1961 or the Criminal Code of 2012.
| ||||||
11 | (R) A violation of Section 24-3A of the Criminal | ||||||
12 | Code of
1961 or the Criminal Code of 2012.
| ||||||
13 | (S) (Blank).
| ||||||
14 | (T) A second or subsequent violation of the | ||||||
15 | Methamphetamine Control and Community Protection Act.
| ||||||
16 | (U) A second or subsequent violation of Section | ||||||
17 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
18 | or her driver's license, permit, or privilege was | ||||||
19 | revoked because of a violation of Section 9-3 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
21 | relating to the offense of reckless homicide, or a | ||||||
22 | similar provision of a law of another state.
| ||||||
23 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
24 | of Section 11-20.1B or paragraph (4) of subsection (c) | ||||||
25 | of Section 11-20.3 of the Criminal Code of 1961, or | ||||||
26 | paragraph (6) of subsection (a) of Section 11-20.1 of |
| |||||||
| |||||||
1 | the Criminal Code of 2012 when the victim is under 13 | ||||||
2 | years of age and the defendant has previously been | ||||||
3 | convicted under the laws of this State or any other | ||||||
4 | state of the offense of child pornography, aggravated | ||||||
5 | child pornography, aggravated criminal sexual abuse, | ||||||
6 | aggravated criminal sexual assault, predatory criminal | ||||||
7 | sexual assault of a child, or any of the offenses | ||||||
8 | formerly known as rape, deviate sexual assault, | ||||||
9 | indecent liberties with a child, or aggravated | ||||||
10 | indecent liberties with a child where the victim was | ||||||
11 | under the age of 18 years or an offense that is | ||||||
12 | substantially equivalent to those offenses. | ||||||
13 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
14 | Code of 1961 or the Criminal Code of 2012.
| ||||||
15 | (X) A violation of subsection (a) of Section 31-1a | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
17 | 2012. | ||||||
18 | (Y) A conviction for unlawful possession of a | ||||||
19 | firearm by a street gang member when the firearm was | ||||||
20 | loaded or contained firearm ammunition. | ||||||
21 | (Z) A Class 1 felony committed while he or she was | ||||||
22 | serving a term of probation or conditional discharge | ||||||
23 | for a felony. | ||||||
24 | (AA) Theft of property exceeding $500,000 and not | ||||||
25 | exceeding $1,000,000 in value. | ||||||
26 | (BB) Laundering of criminally derived property of |
| |||||||
| |||||||
1 | a value exceeding
$500,000. | ||||||
2 | (CC) Knowingly selling, offering for sale, holding | ||||||
3 | for sale, or using 2,000 or more counterfeit items or | ||||||
4 | counterfeit items having a retail value in the | ||||||
5 | aggregate of $500,000 or more. | ||||||
6 | (DD) A conviction for aggravated assault under | ||||||
7 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012 if | ||||||
9 | the firearm is aimed toward the person against whom the | ||||||
10 | firearm is being used.
| ||||||
11 | (3) (Blank).
| ||||||
12 | (4) A minimum term of imprisonment of not less than 10
| ||||||
13 | consecutive days or 30 days of community service shall be | ||||||
14 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
15 | of the Illinois Vehicle Code.
| ||||||
16 | (4.1) (Blank).
| ||||||
17 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
18 | of this subsection (c), a
minimum of
100 hours of community | ||||||
19 | service shall be imposed for a second violation of
Section | ||||||
20 | 6-303
of the Illinois Vehicle Code.
| ||||||
21 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
22 | hours of community
service, as determined by the court, | ||||||
23 | shall
be imposed for a second violation of subsection (c) | ||||||
24 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
25 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
26 | and (4.9) of this
subsection (c), a
minimum term of |
| |||||||
| |||||||
1 | imprisonment of 30 days or 300 hours of community service, | ||||||
2 | as
determined by the court, shall
be imposed
for a third or | ||||||
3 | subsequent violation of Section 6-303 of the Illinois | ||||||
4 | Vehicle
Code.
| ||||||
5 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
6 | be imposed for a third violation of subsection (c) of
| ||||||
7 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
8 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
9 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
10 | shall be imposed for a
fourth or subsequent violation of | ||||||
11 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
12 | Code.
| ||||||
13 | (4.7) A minimum term of imprisonment of not less than | ||||||
14 | 30 consecutive days, or 300 hours of community service, | ||||||
15 | shall be imposed for a violation of subsection (a-5) of | ||||||
16 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
17 | subsection (b-5) of that Section.
| ||||||
18 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
19 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
20 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
21 | of that Section. The person's driving privileges shall be | ||||||
22 | revoked for a period of not less than 5 years from the date | ||||||
23 | of his or her release from prison.
| ||||||
24 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
25 | and not more than 15 years shall be imposed for a third | ||||||
26 | violation of subsection (a-5) of Section 6-303 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
2 | that Section. The person's driving privileges shall be | ||||||
3 | revoked for the remainder of his or her life.
| ||||||
4 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
5 | shall be imposed, and the person shall be eligible for an | ||||||
6 | extended term sentence, for a fourth or subsequent | ||||||
7 | violation of subsection (a-5) of Section 6-303 of the | ||||||
8 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
9 | that Section. The person's driving privileges shall be | ||||||
10 | revoked for the remainder of his or her life.
| ||||||
11 | (5) The court may sentence a corporation or | ||||||
12 | unincorporated
association convicted of any offense to:
| ||||||
13 | (A) a period of conditional discharge;
| ||||||
14 | (B) a fine;
| ||||||
15 | (C) make restitution to the victim under Section | ||||||
16 | 5-5-6 of this Code.
| ||||||
17 | (5.1) In addition to any other penalties imposed, and | ||||||
18 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
19 | convicted of violating subsection (c) of Section 11-907 of | ||||||
20 | the Illinois
Vehicle Code shall have his or her driver's | ||||||
21 | license, permit, or privileges
suspended for at least 90 | ||||||
22 | days but not more than one year, if the violation
resulted | ||||||
23 | in damage to the property of another person.
| ||||||
24 | (5.2) In addition to any other penalties imposed, and | ||||||
25 | except as provided in paragraph (5.3), a person convicted
| ||||||
26 | of violating subsection (c) of Section 11-907 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code
shall have his or her driver's | ||||||
2 | license, permit, or privileges suspended for at
least 180 | ||||||
3 | days but not more than 2 years, if the violation resulted | ||||||
4 | in injury
to
another person.
| ||||||
5 | (5.3) In addition to any other penalties imposed, a | ||||||
6 | person convicted of violating subsection (c) of Section
| ||||||
7 | 11-907 of the Illinois Vehicle Code shall have his or her | ||||||
8 | driver's license,
permit, or privileges suspended for 2 | ||||||
9 | years, if the violation resulted in the
death of another | ||||||
10 | person.
| ||||||
11 | (5.4) In addition to any other penalties imposed, a | ||||||
12 | person convicted of violating Section 3-707 of the Illinois | ||||||
13 | Vehicle Code shall have his or her driver's license, | ||||||
14 | permit, or privileges suspended for 3 months and until he | ||||||
15 | or she has paid a reinstatement fee of $100. | ||||||
16 | (5.5) In addition to any other penalties imposed, a | ||||||
17 | person convicted of violating Section 3-707 of the Illinois | ||||||
18 | Vehicle Code during a period in which his or her driver's | ||||||
19 | license, permit, or privileges were suspended for a | ||||||
20 | previous violation of that Section shall have his or her | ||||||
21 | driver's license, permit, or privileges suspended for an | ||||||
22 | additional 6 months after the expiration of the original | ||||||
23 | 3-month suspension and until he or she has paid a | ||||||
24 | reinstatement fee of $100.
| ||||||
25 | (6) (Blank).
| ||||||
26 | (7) (Blank).
|
| |||||||
| |||||||
1 | (8) (Blank).
| ||||||
2 | (9) A defendant convicted of a second or subsequent | ||||||
3 | offense of ritualized
abuse of a child may be sentenced to | ||||||
4 | a term of natural life imprisonment.
| ||||||
5 | (10) (Blank).
| ||||||
6 | (11) The court shall impose a minimum fine of $1,000 | ||||||
7 | for a first offense
and $2,000 for a second or subsequent | ||||||
8 | offense upon a person convicted of or
placed on supervision | ||||||
9 | for battery when the individual harmed was a sports
| ||||||
10 | official or coach at any level of competition and the act | ||||||
11 | causing harm to the
sports
official or coach occurred | ||||||
12 | within an athletic facility or within the immediate | ||||||
13 | vicinity
of the athletic facility at which the sports | ||||||
14 | official or coach was an active
participant
of the athletic | ||||||
15 | contest held at the athletic facility. For the purposes of
| ||||||
16 | this paragraph (11), "sports official" means a person at an | ||||||
17 | athletic contest
who enforces the rules of the contest, | ||||||
18 | such as an umpire or referee; "athletic facility" means an | ||||||
19 | indoor or outdoor playing field or recreational area where | ||||||
20 | sports activities are conducted;
and "coach" means a person | ||||||
21 | recognized as a coach by the sanctioning
authority that | ||||||
22 | conducted the sporting event. | ||||||
23 | (12) A person may not receive a disposition of court | ||||||
24 | supervision for a
violation of Section 5-16 of the Boat | ||||||
25 | Registration and Safety Act if that
person has previously | ||||||
26 | received a disposition of court supervision for a
violation |
| |||||||
| |||||||
1 | of that Section.
| ||||||
2 | (13) A person convicted of or placed on court | ||||||
3 | supervision for an assault or aggravated assault when the | ||||||
4 | victim and the offender are family or household members as | ||||||
5 | defined in Section 103 of the Illinois Domestic Violence | ||||||
6 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
7 | domestic battery may be required to attend a Partner Abuse | ||||||
8 | Intervention Program under protocols set forth by the | ||||||
9 | Illinois Department of Human Services under such terms and | ||||||
10 | conditions imposed by the court. The costs of such classes | ||||||
11 | shall be paid by the offender.
| ||||||
12 | (d) In any case in which a sentence originally imposed is | ||||||
13 | vacated,
the case shall be remanded to the trial court. The | ||||||
14 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
15 | Unified Code of Corrections
which may include evidence of the | ||||||
16 | defendant's life, moral character and
occupation during the | ||||||
17 | time since the original sentence was passed. The
trial court | ||||||
18 | shall then impose sentence upon the defendant. The trial
court | ||||||
19 | may impose any sentence which could have been imposed at the
| ||||||
20 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
21 | Corrections.
If a sentence is vacated on appeal or on | ||||||
22 | collateral attack due to the
failure of the trier of fact at | ||||||
23 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
24 | fact (other than a prior conviction) necessary to increase the
| ||||||
25 | punishment for the offense beyond the statutory maximum | ||||||
26 | otherwise applicable,
either the defendant may be re-sentenced |
| |||||||
| |||||||
1 | to a term within the range otherwise
provided or, if the State | ||||||
2 | files notice of its intention to again seek the
extended | ||||||
3 | sentence, the defendant shall be afforded a new trial.
| ||||||
4 | (e) In cases where prosecution for
aggravated criminal | ||||||
5 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
6 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
7 | of a defendant
who was a family member of the victim at the | ||||||
8 | time of the commission of the
offense, the court shall consider | ||||||
9 | the safety and welfare of the victim and
may impose a sentence | ||||||
10 | of probation only where:
| ||||||
11 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
12 | (A) the defendant is willing to undergo a court | ||||||
13 | approved counseling
program for a minimum duration of 2 | ||||||
14 | years; or
| ||||||
15 | (B) the defendant is willing to participate in a | ||||||
16 | court approved plan
including but not limited to the | ||||||
17 | defendant's:
| ||||||
18 | (i) removal from the household;
| ||||||
19 | (ii) restricted contact with the victim;
| ||||||
20 | (iii) continued financial support of the | ||||||
21 | family;
| ||||||
22 | (iv) restitution for harm done to the victim; | ||||||
23 | and
| ||||||
24 | (v) compliance with any other measures that | ||||||
25 | the court may
deem appropriate; and
| ||||||
26 | (2) the court orders the defendant to pay for the |
| |||||||
| |||||||
1 | victim's counseling
services, to the extent that the court | ||||||
2 | finds, after considering the
defendant's income and | ||||||
3 | assets, that the defendant is financially capable of
paying | ||||||
4 | for such services, if the victim was under 18 years of age | ||||||
5 | at the
time the offense was committed and requires | ||||||
6 | counseling as a result of the
offense.
| ||||||
7 | Probation may be revoked or modified pursuant to Section | ||||||
8 | 5-6-4; except
where the court determines at the hearing that | ||||||
9 | the defendant violated a
condition of his or her probation | ||||||
10 | restricting contact with the victim or
other family members or | ||||||
11 | commits another offense with the victim or other
family | ||||||
12 | members, the court shall revoke the defendant's probation and
| ||||||
13 | impose a term of imprisonment.
| ||||||
14 | For the purposes of this Section, "family member" and | ||||||
15 | "victim" shall have
the meanings ascribed to them in Section | ||||||
16 | 11-0.1 of the Criminal Code of
2012.
| ||||||
17 | (f) (Blank).
| ||||||
18 | (g) Whenever a defendant is convicted of an offense under | ||||||
19 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
20 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
21 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
22 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
23 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
25 | testing to
determine whether the defendant has any sexually | ||||||
26 | transmissible disease,
including a test for infection with |
| |||||||
| |||||||
1 | human immunodeficiency virus (HIV) or
any other identified | ||||||
2 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
3 | Any such medical test shall be performed only by appropriately
| ||||||
4 | licensed medical practitioners and may include an analysis of | ||||||
5 | any bodily
fluids as well as an examination of the defendant's | ||||||
6 | person.
Except as otherwise provided by law, the results of | ||||||
7 | such test shall be kept
strictly confidential by all medical | ||||||
8 | personnel involved in the testing and must
be personally | ||||||
9 | delivered in a sealed envelope to the judge of the court in | ||||||
10 | which
the conviction was entered for the judge's inspection in | ||||||
11 | camera. Acting in
accordance with the best interests of the | ||||||
12 | victim and the public, the judge
shall have the discretion to | ||||||
13 | determine to whom, if anyone, the results of the
testing may be | ||||||
14 | revealed. The court shall notify the defendant
of the test | ||||||
15 | results. The court shall
also notify the victim if requested by | ||||||
16 | the victim, and if the victim is under
the age of 15 and if | ||||||
17 | requested by the victim's parents or legal guardian, the
court | ||||||
18 | shall notify the victim's parents or legal guardian of the test
| ||||||
19 | results.
The court shall provide information on the | ||||||
20 | availability of HIV testing
and counseling at Department of | ||||||
21 | Public Health facilities to all parties to
whom the results of | ||||||
22 | the testing are revealed and shall direct the State's
Attorney | ||||||
23 | to provide the information to the victim when possible.
A | ||||||
24 | State's Attorney may petition the court to obtain the results | ||||||
25 | of any HIV test
administered under this Section, and the court | ||||||
26 | shall grant the disclosure if
the State's Attorney shows it is |
| |||||||
| |||||||
1 | relevant in order to prosecute a charge of
criminal | ||||||
2 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
4 | defendant. The court shall order that the cost of any such test
| ||||||
5 | shall be paid by the county and may be taxed as costs against | ||||||
6 | the convicted
defendant.
| ||||||
7 | (g-5) When an inmate is tested for an airborne communicable | ||||||
8 | disease, as
determined by the Illinois Department of Public | ||||||
9 | Health including but not
limited to tuberculosis, the results | ||||||
10 | of the test shall be
personally delivered by the warden or his | ||||||
11 | or her designee in a sealed envelope
to the judge of the court | ||||||
12 | in which the inmate must appear for the judge's
inspection in | ||||||
13 | camera if requested by the judge. Acting in accordance with the
| ||||||
14 | best interests of those in the courtroom, the judge shall have | ||||||
15 | the discretion
to determine what if any precautions need to be | ||||||
16 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
17 | (h) Whenever a defendant is convicted of an offense under | ||||||
18 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
19 | defendant shall undergo
medical testing to determine whether | ||||||
20 | the defendant has been exposed to human
immunodeficiency virus | ||||||
21 | (HIV) or any other identified causative agent of
acquired | ||||||
22 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
23 | by
law, the results of such test shall be kept strictly | ||||||
24 | confidential by all
medical personnel involved in the testing | ||||||
25 | and must be personally delivered in a
sealed envelope to the | ||||||
26 | judge of the court in which the conviction was entered
for the |
| |||||||
| |||||||
1 | judge's inspection in camera. Acting in accordance with the | ||||||
2 | best
interests of the public, the judge shall have the | ||||||
3 | discretion to determine to
whom, if anyone, the results of the | ||||||
4 | testing may be revealed. The court shall
notify the defendant | ||||||
5 | of a positive test showing an infection with the human
| ||||||
6 | immunodeficiency virus (HIV). The court shall provide | ||||||
7 | information on the
availability of HIV testing and counseling | ||||||
8 | at Department of Public Health
facilities to all parties to | ||||||
9 | whom the results of the testing are revealed and
shall direct | ||||||
10 | the State's Attorney to provide the information to the victim | ||||||
11 | when
possible. A State's Attorney may petition the court to | ||||||
12 | obtain the results of
any HIV test administered under this | ||||||
13 | Section, and the court shall grant the
disclosure if the | ||||||
14 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
15 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
16 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
17 | 2012 against the defendant. The court shall order that the cost | ||||||
18 | of any
such test shall be paid by the county and may be taxed as | ||||||
19 | costs against the
convicted defendant.
| ||||||
20 | (i) All fines and penalties imposed under this Section for | ||||||
21 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
22 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
23 | any violation
of the Child Passenger Protection Act, or a | ||||||
24 | similar provision of a local
ordinance, shall be collected and | ||||||
25 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
26 | of the Clerks of Courts Act.
|
| |||||||
| |||||||
1 | (j) In cases when prosecution for any violation of Section | ||||||
2 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
3 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
4 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
5 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
6 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
7 | Code of 2012, any violation of the Illinois Controlled | ||||||
8 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
9 | any violation of the Methamphetamine Control and Community | ||||||
10 | Protection Act results in conviction, a
disposition of court | ||||||
11 | supervision, or an order of probation granted under
Section 10 | ||||||
12 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
13 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
14 | Control and Community Protection Act of a defendant, the court | ||||||
15 | shall determine whether the
defendant is employed by a facility | ||||||
16 | or center as defined under the Child Care
Act of 1969, a public | ||||||
17 | or private elementary or secondary school, or otherwise
works | ||||||
18 | with children under 18 years of age on a daily basis. When a | ||||||
19 | defendant
is so employed, the court shall order the Clerk of | ||||||
20 | the Court to send a copy of
the judgment of conviction or order | ||||||
21 | of supervision or probation to the
defendant's employer by | ||||||
22 | certified mail.
If the employer of the defendant is a school, | ||||||
23 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
24 | the judgment of conviction or order of
supervision or probation | ||||||
25 | to the appropriate regional superintendent of schools.
The | ||||||
26 | regional superintendent of schools shall notify the State Board |
| |||||||
| |||||||
1 | of
Education of any notification under this subsection.
| ||||||
2 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
3 | of a felony and
who has not been previously convicted of a | ||||||
4 | misdemeanor or felony and who is
sentenced to a term of | ||||||
5 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
6 | a condition of his or her sentence be required by the court to | ||||||
7 | attend
educational courses designed to prepare the defendant | ||||||
8 | for a high school diploma
and to work toward a high school | ||||||
9 | diploma or to work toward passing the high
school level Test of | ||||||
10 | General Educational Development (GED) or to work toward
| ||||||
11 | completing a vocational training program offered by the | ||||||
12 | Department of
Corrections. If a defendant fails to complete the | ||||||
13 | educational training
required by his or her sentence during the | ||||||
14 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
15 | condition of mandatory supervised release, require the
| ||||||
16 | defendant, at his or her own expense, to pursue a course of | ||||||
17 | study toward a high
school diploma or passage of the GED test. | ||||||
18 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
19 | release of a defendant who wilfully fails to
comply with this | ||||||
20 | subsection (j-5) upon his or her release from confinement in a
| ||||||
21 | penal institution while serving a mandatory supervised release | ||||||
22 | term; however,
the inability of the defendant after making a | ||||||
23 | good faith effort to obtain
financial aid or pay for the | ||||||
24 | educational training shall not be deemed a wilful
failure to | ||||||
25 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
26 | whose mandatory supervised release term has been revoked under |
| |||||||
| |||||||
1 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
2 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
3 | school diploma or has successfully passed the GED
test. This | ||||||
4 | subsection (j-5) does not apply to a defendant who is | ||||||
5 | determined by
the court to be developmentally disabled or | ||||||
6 | otherwise mentally incapable of
completing the educational or | ||||||
7 | vocational program.
| ||||||
8 | (k) (Blank).
| ||||||
9 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
10 | (l), whenever a defendant,
who is an alien as defined by | ||||||
11 | the Immigration and Nationality Act, is convicted
of any | ||||||
12 | felony or misdemeanor offense, the court after sentencing | ||||||
13 | the defendant
may, upon motion of the State's Attorney, | ||||||
14 | hold sentence in abeyance and remand
the defendant to the | ||||||
15 | custody of the Attorney General of
the United States or his | ||||||
16 | or her designated agent to be deported when:
| ||||||
17 | (1) a final order of deportation has been issued | ||||||
18 | against the defendant
pursuant to proceedings under | ||||||
19 | the Immigration and Nationality Act, and
| ||||||
20 | (2) the deportation of the defendant would not | ||||||
21 | deprecate the seriousness
of the defendant's conduct | ||||||
22 | and would not be inconsistent with the ends of
justice.
| ||||||
23 | Otherwise, the defendant shall be sentenced as | ||||||
24 | provided in this Chapter V.
| ||||||
25 | (B) If the defendant has already been sentenced for a | ||||||
26 | felony or
misdemeanor
offense, or has been placed on |
| |||||||
| |||||||
1 | probation under Section 10 of the Cannabis
Control Act,
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2 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
3 | Section 70 of the Methamphetamine Control and Community | ||||||
4 | Protection Act, the court
may, upon motion of the State's | ||||||
5 | Attorney to suspend the
sentence imposed, commit the | ||||||
6 | defendant to the custody of the Attorney General
of the | ||||||
7 | United States or his or her designated agent when:
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8 | (1) a final order of deportation has been issued | ||||||
9 | against the defendant
pursuant to proceedings under | ||||||
10 | the Immigration and Nationality Act, and
| ||||||
11 | (2) the deportation of the defendant would not | ||||||
12 | deprecate the seriousness
of the defendant's conduct | ||||||
13 | and would not be inconsistent with the ends of
justice.
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14 | (C) This subsection (l) does not apply to offenders who | ||||||
15 | are subject to the
provisions of paragraph (2) of | ||||||
16 | subsection (a) of Section 3-6-3.
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17 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
18 | sentenced under
this Section returns to the jurisdiction of | ||||||
19 | the United States, the defendant
shall be recommitted to | ||||||
20 | the custody of the county from which he or she was
| ||||||
21 | sentenced.
Thereafter, the defendant shall be brought | ||||||
22 | before the sentencing court, which
may impose any sentence | ||||||
23 | that was available under Section 5-5-3 at the time of
| ||||||
24 | initial sentencing. In addition, the defendant shall not be | ||||||
25 | eligible for
additional sentence credit for good conduct as | ||||||
26 | provided under
Section 3-6-3.
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1 | (m) A person convicted of criminal defacement of property | ||||||
2 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012, in which the property damage exceeds | ||||||
4 | $300
and the property damaged is a school building, shall be | ||||||
5 | ordered to perform
community service that may include cleanup, | ||||||
6 | removal, or painting over the
defacement.
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7 | (n) The court may sentence a person convicted of a | ||||||
8 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
9 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
10 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
11 | incarceration program if the person is otherwise eligible for | ||||||
12 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
13 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
14 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
15 | substance or alcohol abuse program licensed under that
Act. | ||||||
16 | (o) Whenever a person is convicted of a sex offense as | ||||||
17 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
18 | defendant's driver's license or permit shall be subject to | ||||||
19 | renewal on an annual basis in accordance with the provisions of | ||||||
20 | license renewal established by the Secretary of State.
| ||||||
21 | (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; | ||||||
22 | 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article | ||||||
23 | 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, | ||||||
24 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
25 | 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff. | ||||||
26 | 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, |
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| |||||||
1 | eff. 1-25-13.)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|