99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6193

 

Introduced 2/11/2016, by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012. Creates 2 separate offenses of unlawful use or possession of weapons by felons and unlawful use or possession of weapons by persons in the custody of the Department of Corrections facilities. Establishes penalties. Changes the penalties for aggravated unlawful use of a weapon. Provides that a sentence of county impact incarceration is not authorized for aggravated unlawful use of a weapon or for unlawful possession of a firearm by a street gang member. Provides that unlawful possession of a firearm by a street gang member is a Class 2 felony for which the person shall (rather than may) be sentenced to 4 (rather than 3) years and no more than 10 years. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for certain unlawful use or possession of weapons by felons violations shall receive no more than 7.5 days of sentence credit for each month of his or her sentence of imprisonment; and that a prisoner serving a sentence for unlawful possession of a firearm by a street gang member; certain violations of unlawful use or possession of weapons by felons; or a Class 2 or greater felony for aggravated unlawful use of a weapon shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment unless the prisoner receives a court order authorizing the Department of Corrections to issue up to a maximum of 180 days of additional sentence credit towards the prisoner's sentence. Amends various other Acts to make conforming changes.


LRB099 17059 RLC 41417 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6193LRB099 17059 RLC 41417 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Health Care Worker Background Check Act is
5amended by changing Section 25 as follows:
 
6    (225 ILCS 46/25)
7    Sec. 25. Persons ineligible to be hired by health care
8employers and long-term care facilities.
9    (a) In the discretion of the Director of Public Health, as
10soon after January 1, 1996, January 1, 1997, January 1, 2006,
11or October 1, 2007, as applicable, and as is reasonably
12practical, no health care employer shall knowingly hire,
13employ, or retain any individual in a position with duties
14involving direct care for clients, patients, or residents, and
15no long-term care facility shall knowingly hire, employ, or
16retain any individual in a position with duties that involve or
17may involve contact with residents or access to the living
18quarters or the financial, medical, or personal records of
19residents, who has been convicted of committing or attempting
20to commit one or more of the following offenses: those defined
21in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
229-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
2310-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,

 

 

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111-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
212-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
312-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
412-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
512-33, 12C-5, 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1,
618-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,
724-1, 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of
8Section 11-14.4, or in subsection (a) of Section 12-3 or
9subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
10of 1961 or the Criminal Code of 2012; those provided in Section
114 of the Wrongs to Children Act; those provided in Section 53
12of the Criminal Jurisprudence Act; those defined in Section 5,
135.1, 5.2, 7, or 9 of the Cannabis Control Act; those defined in
14the Methamphetamine Control and Community Protection Act; or
15those defined in Sections 401, 401.1, 404, 405, 405.1, 407, or
16407.1 of the Illinois Controlled Substances Act, unless the
17applicant or employee obtains a waiver pursuant to Section 40.
18    (a-1) In the discretion of the Director of Public Health,
19as soon after January 1, 2004 or October 1, 2007, as
20applicable, and as is reasonably practical, no health care
21employer shall knowingly hire any individual in a position with
22duties involving direct care for clients, patients, or
23residents, and no long-term care facility shall knowingly hire
24any individual in a position with duties that involve or may
25involve contact with residents or access to the living quarters
26or the financial, medical, or personal records of residents,

 

 

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1who has (i) been convicted of committing or attempting to
2commit one or more of the offenses defined in Section 12-3.3,
312-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36,
417-44, 18-5, 20-1.2, 24-1.1, 24-1.1-5, 24-1.2-5, 24-1.6,
524-3.2, or 24-3.3, or subsection (b) of Section 17-32,
6subsection (b) of Section 18-1, or subsection (b) of Section
720-1, of the Criminal Code of 1961 or the Criminal Code of
82012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
9and Debit Card Act; or Section 11-9.1A of the Criminal Code of
101961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs
11to Children Act; or (ii) violated Section 50-50 of the Nurse
12Practice Act, unless the applicant or employee obtains a waiver
13pursuant to Section 40 of this Act.
14    A health care employer is not required to retain an
15individual in a position with duties involving direct care for
16clients, patients, or residents, and no long-term care facility
17is required to retain an individual in a position with duties
18that involve or may involve contact with residents or access to
19the living quarters or the financial, medical, or personal
20records of residents, who has been convicted of committing or
21attempting to commit one or more of the offenses enumerated in
22this subsection.
23    (b) A health care employer shall not hire, employ, or
24retain any individual in a position with duties involving
25direct care of clients, patients, or residents, and no
26long-term care facility shall knowingly hire, employ, or retain

 

 

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1any individual in a position with duties that involve or may
2involve contact with residents or access to the living quarters
3or the financial, medical, or personal records of residents, if
4the health care employer becomes aware that the individual has
5been convicted in another state of committing or attempting to
6commit an offense that has the same or similar elements as an
7offense listed in subsection (a) or (a-1), as verified by court
8records, records from a state agency, or an FBI criminal
9history record check, unless the applicant or employee obtains
10a waiver pursuant to Section 40 of this Act. This shall not be
11construed to mean that a health care employer has an obligation
12to conduct a criminal history records check in other states in
13which an employee has resided.
14(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section
15930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11;
1696-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff.
171-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
18eff. 1-25-13.)
 
19    Section 10. The Illinois Vehicle Code is amended by
20changing Sections 6-106.1 and 6-508 as follows:
 
21    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
22    Sec. 6-106.1. School bus driver permit.
23    (a) The Secretary of State shall issue a school bus driver
24permit to those applicants who have met all the requirements of

 

 

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1the application and screening process under this Section to
2insure the welfare and safety of children who are transported
3on school buses throughout the State of Illinois. Applicants
4shall obtain the proper application required by the Secretary
5of State from their prospective or current employer and submit
6the completed application to the prospective or current
7employer along with the necessary fingerprint submission as
8required by the Department of State Police to conduct
9fingerprint based criminal background checks on current and
10future information available in the state system and current
11information available through the Federal Bureau of
12Investigation's system. Applicants who have completed the
13fingerprinting requirements shall not be subjected to the
14fingerprinting process when applying for subsequent permits or
15submitting proof of successful completion of the annual
16refresher course. Individuals who on July 1, 1995 (the
17effective date of Public Act 88-612) this Act possess a valid
18school bus driver permit that has been previously issued by the
19appropriate Regional School Superintendent are not subject to
20the fingerprinting provisions of this Section as long as the
21permit remains valid and does not lapse. The applicant shall be
22required to pay all related application and fingerprinting fees
23as established by rule including, but not limited to, the
24amounts established by the Department of State Police and the
25Federal Bureau of Investigation to process fingerprint based
26criminal background investigations. All fees paid for

 

 

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1fingerprint processing services under this Section shall be
2deposited into the State Police Services Fund for the cost
3incurred in processing the fingerprint based criminal
4background investigations. All other fees paid under this
5Section shall be deposited into the Road Fund for the purpose
6of defraying the costs of the Secretary of State in
7administering this Section. All applicants must:
8        1. be 21 years of age or older;
9        2. possess a valid and properly classified driver's
10    license issued by the Secretary of State;
11        3. possess a valid driver's license, which has not been
12    revoked, suspended, or canceled for 3 years immediately
13    prior to the date of application, or have not had his or
14    her commercial motor vehicle driving privileges
15    disqualified within the 3 years immediately prior to the
16    date of application;
17        4. successfully pass a written test, administered by
18    the Secretary of State, on school bus operation, school bus
19    safety, and special traffic laws relating to school buses
20    and submit to a review of the applicant's driving habits by
21    the Secretary of State at the time the written test is
22    given;
23        5. demonstrate ability to exercise reasonable care in
24    the operation of school buses in accordance with rules
25    promulgated by the Secretary of State;
26        6. demonstrate physical fitness to operate school

 

 

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1    buses by submitting the results of a medical examination,
2    including tests for drug use for each applicant not subject
3    to such testing pursuant to federal law, conducted by a
4    licensed physician, a licensed advanced practice nurse, or
5    a licensed physician assistant within 90 days of the date
6    of application according to standards promulgated by the
7    Secretary of State;
8        7. affirm under penalties of perjury that he or she has
9    not made a false statement or knowingly concealed a
10    material fact in any application for permit;
11        8. have completed an initial classroom course,
12    including first aid procedures, in school bus driver safety
13    as promulgated by the Secretary of State; and after
14    satisfactory completion of said initial course an annual
15    refresher course; such courses and the agency or
16    organization conducting such courses shall be approved by
17    the Secretary of State; failure to complete the annual
18    refresher course, shall result in cancellation of the
19    permit until such course is completed;
20        9. not have been under an order of court supervision
21    for or convicted of 2 or more serious traffic offenses, as
22    defined by rule, within one year prior to the date of
23    application that may endanger the life or safety of any of
24    the driver's passengers within the duration of the permit
25    period;
26        10. not have been under an order of court supervision

 

 

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1    for or convicted of reckless driving, aggravated reckless
2    driving, driving while under the influence of alcohol,
3    other drug or drugs, intoxicating compound or compounds or
4    any combination thereof, or reckless homicide resulting
5    from the operation of a motor vehicle within 3 years of the
6    date of application;
7        11. not have been convicted of committing or attempting
8    to commit any one or more of the following offenses: (i)
9    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
10    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
11    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
12    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
13    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
14    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
15    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
16    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
17    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
18    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
19    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
20    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
21    12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
22    18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
23    20-1.3, 20-2, 24-1, 24-1.1, 24-1.1-5, 24-1.2, 24-1.2-5,
24    24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9,
25    31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
26    Section 8-1, and in subdivisions (a)(1), (a)(2), (b)(1),

 

 

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1    (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of Section
2    12-3.05, and in subsection (a) and subsection (b), clause
3    (1), of Section 12-4, and in subsection (A), clauses (a)
4    and (b), of Section 24-3, and those offenses contained in
5    Article 29D of the Criminal Code of 1961 or the Criminal
6    Code of 2012; (ii) those offenses defined in the Cannabis
7    Control Act except those offenses defined in subsections
8    (a) and (b) of Section 4, and subsection (a) of Section 5
9    of the Cannabis Control Act; (iii) those offenses defined
10    in the Illinois Controlled Substances Act; (iv) those
11    offenses defined in the Methamphetamine Control and
12    Community Protection Act; (v) any offense committed or
13    attempted in any other state or against the laws of the
14    United States, which if committed or attempted in this
15    State would be punishable as one or more of the foregoing
16    offenses; (vi) the offenses defined in Section 4.1 and 5.1
17    of the Wrongs to Children Act or Section 11-9.1A of the
18    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
19    those offenses defined in Section 6-16 of the Liquor
20    Control Act of 1934; and (viii) those offenses defined in
21    the Methamphetamine Precursor Control Act;
22        12. not have been repeatedly involved as a driver in
23    motor vehicle collisions or been repeatedly convicted of
24    offenses against laws and ordinances regulating the
25    movement of traffic, to a degree which indicates lack of
26    ability to exercise ordinary and reasonable care in the

 

 

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1    safe operation of a motor vehicle or disrespect for the
2    traffic laws and the safety of other persons upon the
3    highway;
4        13. not have, through the unlawful operation of a motor
5    vehicle, caused an accident resulting in the death of any
6    person;
7        14. not have, within the last 5 years, been adjudged to
8    be afflicted with or suffering from any mental disability
9    or disease; and
10        15. consent, in writing, to the release of results of
11    reasonable suspicion drug and alcohol testing under
12    Section 6-106.1c of this Code by the employer of the
13    applicant to the Secretary of State.
14    (b) A school bus driver permit shall be valid for a period
15specified by the Secretary of State as set forth by rule. It
16shall be renewable upon compliance with subsection (a) of this
17Section.
18    (c) A school bus driver permit shall contain the holder's
19driver's license number, legal name, residence address, zip
20code, and date of birth, a brief description of the holder and
21a space for signature. The Secretary of State may require a
22suitable photograph of the holder.
23    (d) The employer shall be responsible for conducting a
24pre-employment interview with prospective school bus driver
25candidates, distributing school bus driver applications and
26medical forms to be completed by the applicant, and submitting

 

 

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1the applicant's fingerprint cards to the Department of State
2Police that are required for the criminal background
3investigations. The employer shall certify in writing to the
4Secretary of State that all pre-employment conditions have been
5successfully completed including the successful completion of
6an Illinois specific criminal background investigation through
7the Department of State Police and the submission of necessary
8fingerprints to the Federal Bureau of Investigation for
9criminal history information available through the Federal
10Bureau of Investigation system. The applicant shall present the
11certification to the Secretary of State at the time of
12submitting the school bus driver permit application.
13    (e) Permits shall initially be provisional upon receiving
14certification from the employer that all pre-employment
15conditions have been successfully completed, and upon
16successful completion of all training and examination
17requirements for the classification of the vehicle to be
18operated, the Secretary of State shall provisionally issue a
19School Bus Driver Permit. The permit shall remain in a
20provisional status pending the completion of the Federal Bureau
21of Investigation's criminal background investigation based
22upon fingerprinting specimens submitted to the Federal Bureau
23of Investigation by the Department of State Police. The Federal
24Bureau of Investigation shall report the findings directly to
25the Secretary of State. The Secretary of State shall remove the
26bus driver permit from provisional status upon the applicant's

 

 

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1successful completion of the Federal Bureau of Investigation's
2criminal background investigation.
3    (f) A school bus driver permit holder shall notify the
4employer and the Secretary of State if he or she is issued an
5order of court supervision for or convicted in another state of
6an offense that would make him or her ineligible for a permit
7under subsection (a) of this Section. The written notification
8shall be made within 5 days of the entry of the order of court
9supervision or conviction. Failure of the permit holder to
10provide the notification is punishable as a petty offense for a
11first violation and a Class B misdemeanor for a second or
12subsequent violation.
13    (g) Cancellation; suspension; notice and procedure.
14        (1) The Secretary of State shall cancel a school bus
15    driver permit of an applicant whose criminal background
16    investigation discloses that he or she is not in compliance
17    with the provisions of subsection (a) of this Section.
18        (2) The Secretary of State shall cancel a school bus
19    driver permit when he or she receives notice that the
20    permit holder fails to comply with any provision of this
21    Section or any rule promulgated for the administration of
22    this Section.
23        (3) The Secretary of State shall cancel a school bus
24    driver permit if the permit holder's restricted commercial
25    or commercial driving privileges are withdrawn or
26    otherwise invalidated.

 

 

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1        (4) The Secretary of State may not issue a school bus
2    driver permit for a period of 3 years to an applicant who
3    fails to obtain a negative result on a drug test as
4    required in item 6 of subsection (a) of this Section or
5    under federal law.
6        (5) The Secretary of State shall forthwith suspend a
7    school bus driver permit for a period of 3 years upon
8    receiving notice that the holder has failed to obtain a
9    negative result on a drug test as required in item 6 of
10    subsection (a) of this Section or under federal law.
11        (6) The Secretary of State shall suspend a school bus
12    driver permit for a period of 3 years upon receiving notice
13    from the employer that the holder failed to perform the
14    inspection procedure set forth in subsection (a) or (b) of
15    Section 12-816 of this Code.
16        (7) The Secretary of State shall suspend a school bus
17    driver permit for a period of 3 years upon receiving notice
18    from the employer that the holder refused to submit to an
19    alcohol or drug test as required by Section 6-106.1c or has
20    submitted to a test required by that Section which
21    disclosed an alcohol concentration of more than 0.00 or
22    disclosed a positive result on a National Institute on Drug
23    Abuse five-drug panel, utilizing federal standards set
24    forth in 49 CFR 40.87.
25    The Secretary of State shall notify the State
26Superintendent of Education and the permit holder's

 

 

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1prospective or current employer that the applicant has (1) has
2failed a criminal background investigation or (2) is no longer
3eligible for a school bus driver permit; and of the related
4cancellation of the applicant's provisional school bus driver
5permit. The cancellation shall remain in effect pending the
6outcome of a hearing pursuant to Section 2-118 of this Code.
7The scope of the hearing shall be limited to the issuance
8criteria contained in subsection (a) of this Section. A
9petition requesting a hearing shall be submitted to the
10Secretary of State and shall contain the reason the individual
11feels he or she is entitled to a school bus driver permit. The
12permit holder's employer shall notify in writing to the
13Secretary of State that the employer has certified the removal
14of the offending school bus driver from service prior to the
15start of that school bus driver's next workshift. An employing
16school board that fails to remove the offending school bus
17driver from service is subject to the penalties defined in
18Section 3-14.23 of the School Code. A school bus contractor who
19violates a provision of this Section is subject to the
20penalties defined in Section 6-106.11.
21    All valid school bus driver permits issued under this
22Section prior to January 1, 1995, shall remain effective until
23their expiration date unless otherwise invalidated.
24    (h) When a school bus driver permit holder who is a service
25member is called to active duty, the employer of the permit
26holder shall notify the Secretary of State, within 30 days of

 

 

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1notification from the permit holder, that the permit holder has
2been called to active duty. Upon notification pursuant to this
3subsection, (i) the Secretary of State shall characterize the
4permit as inactive until a permit holder renews the permit as
5provided in subsection (i) of this Section, and (ii) if a
6permit holder fails to comply with the requirements of this
7Section while called to active duty, the Secretary of State
8shall not characterize the permit as invalid.
9    (i) A school bus driver permit holder who is a service
10member returning from active duty must, within 90 days, renew a
11permit characterized as inactive pursuant to subsection (h) of
12this Section by complying with the renewal requirements of
13subsection (b) of this Section.
14    (j) For purposes of subsections (h) and (i) of this
15Section:
16    "Active duty" means active duty pursuant to an executive
17order of the President of the United States, an act of the
18Congress of the United States, or an order of the Governor.
19    "Service member" means a member of the Armed Services or
20reserve forces of the United States or a member of the Illinois
21National Guard.
22    (k) A private carrier employer of a school bus driver
23permit holder, having satisfied the employer requirements of
24this Section, shall be held to a standard of ordinary care for
25intentional acts committed in the course of employment by the
26bus driver permit holder. This subsection (k) shall in no way

 

 

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1limit the liability of the private carrier employer for
2violation of any provision of this Section or for the negligent
3hiring or retention of a school bus driver permit holder.
4(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;
5revised 11-2-15.)
 
6    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
7    Sec. 6-508. Commercial Driver's License (CDL) -
8qualification standards.
9    (a) Testing.
10        (1) General. No person shall be issued an original or
11    renewal CDL unless that person is domiciled in this State
12    or is applying for a non-domiciled CDL under Sections 6-509
13    and 6-510 of this Code. The Secretary shall cause to be
14    administered such tests as the Secretary deems necessary to
15    meet the requirements of 49 C.F.R. Part 383, subparts F, G,
16    H, and J.
17        (1.5) Effective July 1, 2014, no person shall be issued
18    an original CDL or an upgraded CDL that requires a skills
19    test unless that person has held a CLP, for a minimum of 14
20    calendar days, for the classification of vehicle and
21    endorsement, if any, for which the person is seeking a CDL.
22        (2) Third party testing. The Secretary of State may
23    authorize a "third party tester", pursuant to 49 C.F.R.
24    383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
25    skills test or tests specified by the Federal Motor Carrier

 

 

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1    Safety Administration pursuant to the Commercial Motor
2    Vehicle Safety Act of 1986 and any appropriate federal
3    rule.
4    (b) Waiver of Skills Test. The Secretary of State may waive
5the skills test specified in this Section for a driver
6applicant for a commercial driver license who meets the
7requirements of 49 C.F.R. 383.77. The Secretary of State shall
8waive the skills tests specified in this Section for a driver
9applicant who has military commercial motor vehicle
10experience, subject to the requirements of 49 C.F.R. 383.77.
11    (b-1) No person shall be issued a CDL unless the person
12certifies to the Secretary one of the following types of
13driving operations in which he or she will be engaged:
14        (1) non-excepted interstate;
15        (2) non-excepted intrastate;
16        (3) excepted interstate; or
17        (4) excepted intrastate.
18    (b-2) (Blank).
19    (c) Limitations on issuance of a CDL. A CDL shall not be
20issued to a person while the person is subject to a
21disqualification from driving a commercial motor vehicle, or
22unless otherwise permitted by this Code, while the person's
23driver's license is suspended, revoked or cancelled in any
24state, or any territory or province of Canada; nor may a CLP or
25CDL be issued to a person who has a CLP or CDL issued by any
26other state, or foreign jurisdiction, nor may a CDL be issued

 

 

HB6193- 18 -LRB099 17059 RLC 41417 b

1to a person who has an Illinois CLP unless the person first
2surrenders all of these licenses or permits. However, a person
3may hold an Illinois CLP and an Illinois CDL providing the CLP
4is necessary to train or practice for an endorsement or vehicle
5classification not present on the current CDL. No CDL shall be
6issued to or renewed for a person who does not meet the
7requirement of 49 CFR 391.41(b)(11). The requirement may be met
8with the aid of a hearing aid.
9    (c-1) The Secretary may issue a CDL with a school bus
10driver endorsement to allow a person to drive the type of bus
11described in subsection (d-5) of Section 6-104 of this Code.
12The CDL with a school bus driver endorsement may be issued only
13to a person meeting the following requirements:
14        (1) the person has submitted his or her fingerprints to
15    the Department of State Police in the form and manner
16    prescribed by the Department of State Police. These
17    fingerprints shall be checked against the fingerprint
18    records now and hereafter filed in the Department of State
19    Police and Federal Bureau of Investigation criminal
20    history records databases;
21        (2) the person has passed a written test, administered
22    by the Secretary of State, on charter bus operation,
23    charter bus safety, and certain special traffic laws
24    relating to school buses determined by the Secretary of
25    State to be relevant to charter buses, and submitted to a
26    review of the driver applicant's driving habits by the

 

 

HB6193- 19 -LRB099 17059 RLC 41417 b

1    Secretary of State at the time the written test is given;
2        (3) the person has demonstrated physical fitness to
3    operate school buses by submitting the results of a medical
4    examination, including tests for drug use; and
5        (4) the person has not been convicted of committing or
6    attempting to commit any one or more of the following
7    offenses: (i) those offenses defined in Sections 8-1.2,
8    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
9    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
10    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
12    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
13    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
14    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
15    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
16    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
17    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
18    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
19    12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
20    12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
21    20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
22    24-1.1-5, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1,
23    24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and
24    33D-1, and in subsection (b) of Section 8-1, and in
25    subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2),
26    (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in

 

 

HB6193- 20 -LRB099 17059 RLC 41417 b

1    subsection (a) and subsection (b), clause (1), of Section
2    12-4, and in subsection (A), clauses (a) and (b), of
3    Section 24-3, and those offenses contained in Article 29D
4    of the Criminal Code of 1961 or the Criminal Code of 2012;
5    (ii) those offenses defined in the Cannabis Control Act
6    except those offenses defined in subsections (a) and (b) of
7    Section 4, and subsection (a) of Section 5 of the Cannabis
8    Control Act; (iii) those offenses defined in the Illinois
9    Controlled Substances Act; (iv) those offenses defined in
10    the Methamphetamine Control and Community Protection Act;
11    (v) any offense committed or attempted in any other state
12    or against the laws of the United States, which if
13    committed or attempted in this State would be punishable as
14    one or more of the foregoing offenses; (vi) the offenses
15    defined in Sections 4.1 and 5.1 of the Wrongs to Children
16    Act or Section 11-9.1A of the Criminal Code of 1961 or the
17    Criminal Code of 2012; (vii) those offenses defined in
18    Section 6-16 of the Liquor Control Act of 1934; and (viii)
19    those offenses defined in the Methamphetamine Precursor
20    Control Act.
21    The Department of State Police shall charge a fee for
22conducting the criminal history records check, which shall be
23deposited into the State Police Services Fund and may not
24exceed the actual cost of the records check.
25    (c-2) The Secretary shall issue a CDL with a school bus
26endorsement to allow a person to drive a school bus as defined

 

 

HB6193- 21 -LRB099 17059 RLC 41417 b

1in this Section. The CDL shall be issued according to the
2requirements outlined in 49 C.F.R. 383. A person may not
3operate a school bus as defined in this Section without a
4school bus endorsement. The Secretary of State may adopt rules
5consistent with Federal guidelines to implement this
6subsection (c-2).
7    (d) (Blank).
8(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
997-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.
101-1-14; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of
11P.A. 99-414 for effective date of changes made by 98-176);
1298-756, eff. 7-16-14.)
 
13    Section 15. The Clerks of Courts Act is amended by changing
14Section 27.6 as follows:
 
15    (705 ILCS 105/27.6)
16    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
1796-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,
1898-658, 98-1013, 99-78, and 99-455)
19    Sec. 27.6. (a) All fees, fines, costs, additional
20penalties, bail balances assessed or forfeited, and any other
21amount paid by a person to the circuit clerk equalling an
22amount of $55 or more, except the fine imposed by Section
235-9-1.15 of the Unified Code of Corrections, the additional fee
24required by subsections (b) and (c), restitution under Section

 

 

HB6193- 22 -LRB099 17059 RLC 41417 b

15-5-6 of the Unified Code of Corrections, contributions to a
2local anti-crime program ordered pursuant to Section
35-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
4Corrections, reimbursement for the costs of an emergency
5response as provided under Section 11-501 of the Illinois
6Vehicle Code, any fees collected for attending a traffic safety
7program under paragraph (c) of Supreme Court Rule 529, any fee
8collected on behalf of a State's Attorney under Section 4-2002
9of the Counties Code or a sheriff under Section 4-5001 of the
10Counties Code, or any cost imposed under Section 124A-5 of the
11Code of Criminal Procedure of 1963, for convictions, orders of
12supervision, or any other disposition for a violation of
13Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
14similar provision of a local ordinance, and any violation of
15the Child Passenger Protection Act, or a similar provision of a
16local ordinance, and except as otherwise provided in this
17Section shall be disbursed within 60 days after receipt by the
18circuit clerk as follows: 44.5% shall be disbursed to the
19entity authorized by law to receive the fine imposed in the
20case; 16.825% shall be disbursed to the State Treasurer; and
2138.675% shall be disbursed to the county's general corporate
22fund. Of the 16.825% disbursed to the State Treasurer, 2/17
23shall be deposited by the State Treasurer into the Violent
24Crime Victims Assistance Fund, 5.052/17 shall be deposited into
25the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
26be deposited into the Drivers Education Fund, and 6.948/17

 

 

HB6193- 23 -LRB099 17059 RLC 41417 b

1shall be deposited into the Trauma Center Fund. Of the 6.948/17
2deposited into the Trauma Center Fund from the 16.825%
3disbursed to the State Treasurer, 50% shall be disbursed to the
4Department of Public Health and 50% shall be disbursed to the
5Department of Healthcare and Family Services. For fiscal year
61993, amounts deposited into the Violent Crime Victims
7Assistance Fund, the Traffic and Criminal Conviction Surcharge
8Fund, or the Drivers Education Fund shall not exceed 110% of
9the amounts deposited into those funds in fiscal year 1991. Any
10amount that exceeds the 110% limit shall be distributed as
11follows: 50% shall be disbursed to the county's general
12corporate fund and 50% shall be disbursed to the entity
13authorized by law to receive the fine imposed in the case. Not
14later than March 1 of each year the circuit clerk shall submit
15a report of the amount of funds remitted to the State Treasurer
16under this Section during the preceding year based upon
17independent verification of fines and fees. All counties shall
18be subject to this Section, except that counties with a
19population under 2,000,000 may, by ordinance, elect not to be
20subject to this Section. For offenses subject to this Section,
21judges shall impose one total sum of money payable for
22violations. The circuit clerk may add on no additional amounts
23except for amounts that are required by Sections 27.3a and
2427.3c of this Act, unless those amounts are specifically waived
25by the judge. With respect to money collected by the circuit
26clerk as a result of forfeiture of bail, ex parte judgment or

 

 

HB6193- 24 -LRB099 17059 RLC 41417 b

1guilty plea pursuant to Supreme Court Rule 529, the circuit
2clerk shall first deduct and pay amounts required by Sections
327.3a and 27.3c of this Act. This Section is a denial and
4limitation of home rule powers and functions under subsection
5(h) of Section 6 of Article VII of the Illinois Constitution.
6    (b) In addition to any other fines and court costs assessed
7by the courts, any person convicted or receiving an order of
8supervision for driving under the influence of alcohol or drugs
9shall pay an additional fee of $100 to the clerk of the circuit
10court. This amount, less 2 1/2% that shall be used to defray
11administrative costs incurred by the clerk, shall be remitted
12by the clerk to the Treasurer within 60 days after receipt for
13deposit into the Trauma Center Fund. This additional fee of
14$100 shall not be considered a part of the fine for purposes of
15any reduction in the fine for time served either before or
16after sentencing. Not later than March 1 of each year the
17Circuit Clerk shall submit a report of the amount of funds
18remitted to the State Treasurer under this subsection during
19the preceding calendar year.
20    (b-1) In addition to any other fines and court costs
21assessed by the courts, any person convicted or receiving an
22order of supervision for driving under the influence of alcohol
23or drugs shall pay an additional fee of $5 to the clerk of the
24circuit court. This amount, less 2 1/2% that shall be used to
25defray administrative costs incurred by the clerk, shall be
26remitted by the clerk to the Treasurer within 60 days after

 

 

HB6193- 25 -LRB099 17059 RLC 41417 b

1receipt for deposit into the Spinal Cord Injury Paralysis Cure
2Research Trust Fund. This additional fee of $5 shall not be
3considered a part of the fine for purposes of any reduction in
4the fine for time served either before or after sentencing. Not
5later than March 1 of each year the Circuit Clerk shall submit
6a report of the amount of funds remitted to the State Treasurer
7under this subsection during the preceding calendar year.
8    (c) In addition to any other fines and court costs assessed
9by the courts, any person convicted for a violation of Sections
1024-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of the Criminal Code of
111961 or the Criminal Code of 2012 or a person sentenced for a
12violation of the Cannabis Control Act, the Illinois Controlled
13Substances Act, or the Methamphetamine Control and Community
14Protection Act shall pay an additional fee of $100 to the clerk
15of the circuit court. This amount, less 2 1/2% that shall be
16used to defray administrative costs incurred by the clerk,
17shall be remitted by the clerk to the Treasurer within 60 days
18after receipt for deposit into the Trauma Center Fund. This
19additional fee of $100 shall not be considered a part of the
20fine for purposes of any reduction in the fine for time served
21either before or after sentencing. Not later than March 1 of
22each year the Circuit Clerk shall submit a report of the amount
23of funds remitted to the State Treasurer under this subsection
24during the preceding calendar year.
25    (c-1) In addition to any other fines and court costs
26assessed by the courts, any person sentenced for a violation of

 

 

HB6193- 26 -LRB099 17059 RLC 41417 b

1the Cannabis Control Act, the Illinois Controlled Substances
2Act, or the Methamphetamine Control and Community Protection
3Act shall pay an additional fee of $5 to the clerk of the
4circuit court. This amount, less 2 1/2% that shall be used to
5defray administrative costs incurred by the clerk, shall be
6remitted by the clerk to the Treasurer within 60 days after
7receipt for deposit into the Spinal Cord Injury Paralysis Cure
8Research Trust Fund. This additional fee of $5 shall not be
9considered a part of the fine for purposes of any reduction in
10the fine for time served either before or after sentencing. Not
11later than March 1 of each year the Circuit Clerk shall submit
12a report of the amount of funds remitted to the State Treasurer
13under this subsection during the preceding calendar year.
14    (d) The following amounts must be remitted to the State
15Treasurer for deposit into the Illinois Animal Abuse Fund:
16        (1) 50% of the amounts collected for felony offenses
17    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
18    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
19    Animals Act and Section 26-5 or 48-1 of the Criminal Code
20    of 1961 or the Criminal Code of 2012;
21        (2) 20% of the amounts collected for Class A and Class
22    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
23    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
24    for Animals Act and Section 26-5 or 48-1 of the Criminal
25    Code of 1961 or the Criminal Code of 2012; and
26        (3) 50% of the amounts collected for Class C

 

 

HB6193- 27 -LRB099 17059 RLC 41417 b

1    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
2    for Animals Act and Section 26-5 or 48-1 of the Criminal
3    Code of 1961 or the Criminal Code of 2012.
4    (e) Any person who receives a disposition of court
5supervision for a violation of the Illinois Vehicle Code or a
6similar provision of a local ordinance shall, in addition to
7any other fines, fees, and court costs, pay an additional fee
8of $29, to be disbursed as provided in Section 16-104c of the
9Illinois Vehicle Code. In addition to the fee of $29, the
10person shall also pay a fee of $6, if not waived by the court.
11If this $6 fee is collected, $5.50 of the fee shall be
12deposited into the Circuit Court Clerk Operation and
13Administrative Fund created by the Clerk of the Circuit Court
14and 50 cents of the fee shall be deposited into the Prisoner
15Review Board Vehicle and Equipment Fund in the State treasury.
16    (f) This Section does not apply to the additional child
17pornography fines assessed and collected under Section
185-9-1.14 of the Unified Code of Corrections.
19    (g) (Blank).
20    (h) (Blank).
21    (i) Of the amounts collected as fines under subsection (b)
22of Section 3-712 of the Illinois Vehicle Code, 99% shall be
23deposited into the Illinois Military Family Relief Fund and 1%
24shall be deposited into the Circuit Court Clerk Operation and
25Administrative Fund created by the Clerk of the Circuit Court
26to be used to offset the costs incurred by the Circuit Court

 

 

HB6193- 28 -LRB099 17059 RLC 41417 b

1Clerk in performing the additional duties required to collect
2and disburse funds to entities of State and local government as
3provided by law.
4    (j) Any person convicted of, pleading guilty to, or placed
5on supervision for a serious traffic violation, as defined in
6Section 1-187.001 of the Illinois Vehicle Code, a violation of
7Section 11-501 of the Illinois Vehicle Code, or a violation of
8a similar provision of a local ordinance shall pay an
9additional fee of $35, to be disbursed as provided in Section
1016-104d of that Code.
11    This subsection (j) becomes inoperative on January 1, 2020.
12    (k) For any conviction or disposition of court supervision
13for a violation of Section 11-1429 of the Illinois Vehicle
14Code, the circuit clerk shall distribute the fines paid by the
15person as specified by subsection (h) of Section 11-1429 of the
16Illinois Vehicle Code.
17    (l) Any person who receives a disposition of court
18supervision for a violation of Section 11-501 of the Illinois
19Vehicle Code or a similar provision of a local ordinance shall,
20in addition to any other fines, fees, and court costs, pay an
21additional fee of $50, which shall be collected by the circuit
22clerk and then remitted to the State Treasurer for deposit into
23the Roadside Memorial Fund, a special fund in the State
24treasury. However, the court may waive the fee if full
25restitution is complied with. Subject to appropriation, all
26moneys in the Roadside Memorial Fund shall be used by the

 

 

HB6193- 29 -LRB099 17059 RLC 41417 b

1Department of Transportation to pay fees imposed under
2subsection (f) of Section 20 of the Roadside Memorial Act. The
3fee shall be remitted by the circuit clerk within one month
4after receipt to the State Treasurer for deposit into the
5Roadside Memorial Fund.
6    (m) Of the amounts collected as fines under subsection (c)
7of Section 411.4 of the Illinois Controlled Substances Act or
8subsection (c) of Section 90 of the Methamphetamine Control and
9Community Protection Act, 99% shall be deposited to the law
10enforcement agency or fund specified and 1% shall be deposited
11into the Circuit Court Clerk Operation and Administrative Fund
12to be used to offset the costs incurred by the Circuit Court
13Clerk in performing the additional duties required to collect
14and disburse funds to entities of State and local government as
15provided by law.
16    (n) In addition to any other fines and court costs assessed
17by the courts, any person who is convicted of or pleads guilty
18to a violation of the Criminal Code of 1961 or the Criminal
19Code of 2012, or a similar provision of a local ordinance, or
20who is convicted of, pleads guilty to, or receives a
21disposition of court supervision for a violation of the
22Illinois Vehicle Code, or a similar provision of a local
23ordinance, shall pay an additional fee of $15 to the clerk of
24the circuit court. This additional fee of $15 shall not be
25considered a part of the fine for purposes of any reduction in
26the fine for time served either before or after sentencing.

 

 

HB6193- 30 -LRB099 17059 RLC 41417 b

1This amount, less 2.5% that shall be used to defray
2administrative costs incurred by the clerk, shall be remitted
3by the clerk to the State Treasurer within 60 days after
4receipt for deposit into the State Police Merit Board Public
5Safety Fund.
6    (o) The amounts collected as fines under Sections 10-9,
711-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
8be collected by the circuit clerk and distributed as provided
9under Section 5-9-1.21 of the Unified Code of Corrections in
10lieu of any disbursement under subsection (a) of this Section.
11    (p) In addition to any other fees and penalties imposed,
12any person who is convicted of or pleads guilty to a violation
13of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
14shall pay an additional fee of $250 to the clerk of the circuit
15court. This additional fee of $250 shall not be considered a
16part of the fine for purposes of any reduction in the fine for
17time served either before or after sentencing. This amount,
18less 2.5% that shall be used to defray administrative costs
19incurred by the clerk, shall be remitted by the clerk to the
20Department of Insurance within 60 days after receipt for
21deposit into the George Bailey Memorial Fund.
22(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
2399-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
 
24    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
2596-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,

 

 

HB6193- 31 -LRB099 17059 RLC 41417 b

198-658, 98-1013, 99-78, and 99-455)
2    Sec. 27.6. (a) All fees, fines, costs, additional
3penalties, bail balances assessed or forfeited, and any other
4amount paid by a person to the circuit clerk equalling an
5amount of $55 or more, except the fine imposed by Section
65-9-1.15 of the Unified Code of Corrections, the additional fee
7required by subsections (b) and (c), restitution under Section
85-5-6 of the Unified Code of Corrections, contributions to a
9local anti-crime program ordered pursuant to Section
105-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
11Corrections, reimbursement for the costs of an emergency
12response as provided under Section 11-501 of the Illinois
13Vehicle Code, any fees collected for attending a traffic safety
14program under paragraph (c) of Supreme Court Rule 529, any fee
15collected on behalf of a State's Attorney under Section 4-2002
16of the Counties Code or a sheriff under Section 4-5001 of the
17Counties Code, or any cost imposed under Section 124A-5 of the
18Code of Criminal Procedure of 1963, for convictions, orders of
19supervision, or any other disposition for a violation of
20Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
21similar provision of a local ordinance, and any violation of
22the Child Passenger Protection Act, or a similar provision of a
23local ordinance, and except as otherwise provided in this
24Section shall be disbursed within 60 days after receipt by the
25circuit clerk as follows: 44.5% shall be disbursed to the
26entity authorized by law to receive the fine imposed in the

 

 

HB6193- 32 -LRB099 17059 RLC 41417 b

1case; 16.825% shall be disbursed to the State Treasurer; and
238.675% shall be disbursed to the county's general corporate
3fund. Of the 16.825% disbursed to the State Treasurer, 2/17
4shall be deposited by the State Treasurer into the Violent
5Crime Victims Assistance Fund, 5.052/17 shall be deposited into
6the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
7be deposited into the Drivers Education Fund, and 6.948/17
8shall be deposited into the Trauma Center Fund. Of the 6.948/17
9deposited into the Trauma Center Fund from the 16.825%
10disbursed to the State Treasurer, 50% shall be disbursed to the
11Department of Public Health and 50% shall be disbursed to the
12Department of Healthcare and Family Services. For fiscal year
131993, amounts deposited into the Violent Crime Victims
14Assistance Fund, the Traffic and Criminal Conviction Surcharge
15Fund, or the Drivers Education Fund shall not exceed 110% of
16the amounts deposited into those funds in fiscal year 1991. Any
17amount that exceeds the 110% limit shall be distributed as
18follows: 50% shall be disbursed to the county's general
19corporate fund and 50% shall be disbursed to the entity
20authorized by law to receive the fine imposed in the case. Not
21later than March 1 of each year the circuit clerk shall submit
22a report of the amount of funds remitted to the State Treasurer
23under this Section during the preceding year based upon
24independent verification of fines and fees. All counties shall
25be subject to this Section, except that counties with a
26population under 2,000,000 may, by ordinance, elect not to be

 

 

HB6193- 33 -LRB099 17059 RLC 41417 b

1subject to this Section. For offenses subject to this Section,
2judges shall impose one total sum of money payable for
3violations. The circuit clerk may add on no additional amounts
4except for amounts that are required by Sections 27.3a and
527.3c of this Act, Section 16-104c of the Illinois Vehicle
6Code, and subsection (a) of Section 5-1101 of the Counties
7Code, unless those amounts are specifically waived by the
8judge. With respect to money collected by the circuit clerk as
9a result of forfeiture of bail, ex parte judgment or guilty
10plea pursuant to Supreme Court Rule 529, the circuit clerk
11shall first deduct and pay amounts required by Sections 27.3a
12and 27.3c of this Act. Unless a court ordered payment schedule
13is implemented or fee requirements are waived pursuant to court
14order, the clerk of the court may add to any unpaid fees and
15costs a delinquency amount equal to 5% of the unpaid fees that
16remain unpaid after 30 days, 10% of the unpaid fees that remain
17unpaid after 60 days, and 15% of the unpaid fees that remain
18unpaid after 90 days. Notice to those parties may be made by
19signage posting or publication. The additional delinquency
20amounts collected under this Section shall be deposited in the
21Circuit Court Clerk Operation and Administrative Fund to be
22used to defray administrative costs incurred by the circuit
23clerk in performing the duties required to collect and disburse
24funds. This Section is a denial and limitation of home rule
25powers and functions under subsection (h) of Section 6 of
26Article VII of the Illinois Constitution.

 

 

HB6193- 34 -LRB099 17059 RLC 41417 b

1    (b) In addition to any other fines and court costs assessed
2by the courts, any person convicted or receiving an order of
3supervision for driving under the influence of alcohol or drugs
4shall pay an additional fee of $100 to the clerk of the circuit
5court. This amount, less 2 1/2% that shall be used to defray
6administrative costs incurred by the clerk, shall be remitted
7by the clerk to the Treasurer within 60 days after receipt for
8deposit into the Trauma Center Fund. This additional fee of
9$100 shall not be considered a part of the fine for purposes of
10any reduction in the fine for time served either before or
11after sentencing. Not later than March 1 of each year the
12Circuit Clerk shall submit a report of the amount of funds
13remitted to the State Treasurer under this subsection during
14the preceding calendar year.
15    (b-1) In addition to any other fines and court costs
16assessed by the courts, any person convicted or receiving an
17order of supervision for driving under the influence of alcohol
18or drugs shall pay an additional fee of $5 to the clerk of the
19circuit court. This amount, less 2 1/2% that shall be used to
20defray administrative costs incurred by the clerk, shall be
21remitted by the clerk to the Treasurer within 60 days after
22receipt for deposit into the Spinal Cord Injury Paralysis Cure
23Research Trust Fund. This additional fee of $5 shall not be
24considered a part of the fine for purposes of any reduction in
25the fine for time served either before or after sentencing. Not
26later than March 1 of each year the Circuit Clerk shall submit

 

 

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1a report of the amount of funds remitted to the State Treasurer
2under this subsection during the preceding calendar year.
3    (c) In addition to any other fines and court costs assessed
4by the courts, any person convicted for a violation of Sections
524-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of the Criminal Code of
61961 or the Criminal Code of 2012 or a person sentenced for a
7violation of the Cannabis Control Act, the Illinois Controlled
8Substances Act, or the Methamphetamine Control and Community
9Protection Act shall pay an additional fee of $100 to the clerk
10of the circuit court. This amount, less 2 1/2% that shall be
11used to defray administrative costs incurred by the clerk,
12shall be remitted by the clerk to the Treasurer within 60 days
13after receipt for deposit into the Trauma Center Fund. This
14additional fee of $100 shall not be considered a part of the
15fine for purposes of any reduction in the fine for time served
16either before or after sentencing. Not later than March 1 of
17each year the Circuit Clerk shall submit a report of the amount
18of funds remitted to the State Treasurer under this subsection
19during the preceding calendar year.
20    (c-1) In addition to any other fines and court costs
21assessed by the courts, any person sentenced for a violation of
22the Cannabis Control Act, the Illinois Controlled Substances
23Act, or the Methamphetamine Control and Community Protection
24Act shall pay an additional fee of $5 to the clerk of the
25circuit court. This amount, less 2 1/2% that shall be used to
26defray administrative costs incurred by the clerk, shall be

 

 

HB6193- 36 -LRB099 17059 RLC 41417 b

1remitted by the clerk to the Treasurer within 60 days after
2receipt for deposit into the Spinal Cord Injury Paralysis Cure
3Research Trust Fund. This additional fee of $5 shall not be
4considered a part of the fine for purposes of any reduction in
5the fine for time served either before or after sentencing. Not
6later than March 1 of each year the Circuit Clerk shall submit
7a report of the amount of funds remitted to the State Treasurer
8under this subsection during the preceding calendar year.
9    (d) The following amounts must be remitted to the State
10Treasurer for deposit into the Illinois Animal Abuse Fund:
11        (1) 50% of the amounts collected for felony offenses
12    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
13    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
14    Animals Act and Section 26-5 or 48-1 of the Criminal Code
15    of 1961 or the Criminal Code of 2012;
16        (2) 20% of the amounts collected for Class A and Class
17    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
18    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
19    for Animals Act and Section 26-5 or 48-1 of the Criminal
20    Code of 1961 or the Criminal Code of 2012; and
21        (3) 50% of the amounts collected for Class C
22    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
23    for Animals Act and Section 26-5 or 48-1 of the Criminal
24    Code of 1961 or the Criminal Code of 2012.
25    (e) Any person who receives a disposition of court
26supervision for a violation of the Illinois Vehicle Code or a

 

 

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1similar provision of a local ordinance shall, in addition to
2any other fines, fees, and court costs, pay an additional fee
3of $29, to be disbursed as provided in Section 16-104c of the
4Illinois Vehicle Code. In addition to the fee of $29, the
5person shall also pay a fee of $6, if not waived by the court.
6If this $6 fee is collected, $5.50 of the fee shall be
7deposited into the Circuit Court Clerk Operation and
8Administrative Fund created by the Clerk of the Circuit Court
9and 50 cents of the fee shall be deposited into the Prisoner
10Review Board Vehicle and Equipment Fund in the State treasury.
11    (f) This Section does not apply to the additional child
12pornography fines assessed and collected under Section
135-9-1.14 of the Unified Code of Corrections.
14    (g) Any person convicted of or pleading guilty to a serious
15traffic violation, as defined in Section 1-187.001 of the
16Illinois Vehicle Code, shall pay an additional fee of $35, to
17be disbursed as provided in Section 16-104d of that Code. This
18subsection (g) becomes inoperative on January 1, 2020.
19    (h) In all counties having a population of 3,000,000 or
20more inhabitants,
21        (1) A person who is found guilty of or pleads guilty to
22    violating subsection (a) of Section 11-501 of the Illinois
23    Vehicle Code, including any person placed on court
24    supervision for violating subsection (a), shall be fined
25    $750 as provided for by subsection (f) of Section 11-501.01
26    of the Illinois Vehicle Code, payable to the circuit clerk,

 

 

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1    who shall distribute the money pursuant to subsection (f)
2    of Section 11-501.01 of the Illinois Vehicle Code.
3        (2) When a crime laboratory DUI analysis fee of $150,
4    provided for by Section 5-9-1.9 of the Unified Code of
5    Corrections is assessed, it shall be disbursed by the
6    circuit clerk as provided by subsection (f) of Section
7    5-9-1.9 of the Unified Code of Corrections.
8        (3) When a fine for a violation of Section 11-605.1 of
9    the Illinois Vehicle Code is $250 or greater, the person
10    who violated that Section shall be charged an additional
11    $125 as provided for by subsection (e) of Section 11-605.1
12    of the Illinois Vehicle Code, which shall be disbursed by
13    the circuit clerk to a State or county Transportation
14    Safety Highway Hire-back Fund as provided by subsection (e)
15    of Section 11-605.1 of the Illinois Vehicle Code.
16        (4) When a fine for a violation of subsection (a) of
17    Section 11-605 of the Illinois Vehicle Code is $150 or
18    greater, the additional $50 which is charged as provided
19    for by subsection (f) of Section 11-605 of the Illinois
20    Vehicle Code shall be disbursed by the circuit clerk to a
21    school district or districts for school safety purposes as
22    provided by subsection (f) of Section 11-605.
23        (5) When a fine for a violation of subsection (a) of
24    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
25    greater, the additional $50 which is charged as provided
26    for by subsection (c) of Section 11-1002.5 of the Illinois

 

 

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1    Vehicle Code shall be disbursed by the circuit clerk to a
2    school district or districts for school safety purposes as
3    provided by subsection (c) of Section 11-1002.5 of the
4    Illinois Vehicle Code.
5        (6) When a mandatory drug court fee of up to $5 is
6    assessed as provided in subsection (f) of Section 5-1101 of
7    the Counties Code, it shall be disbursed by the circuit
8    clerk as provided in subsection (f) of Section 5-1101 of
9    the Counties Code.
10        (7) When a mandatory teen court, peer jury, youth
11    court, or other youth diversion program fee is assessed as
12    provided in subsection (e) of Section 5-1101 of the
13    Counties Code, it shall be disbursed by the circuit clerk
14    as provided in subsection (e) of Section 5-1101 of the
15    Counties Code.
16        (8) When a Children's Advocacy Center fee is assessed
17    pursuant to subsection (f-5) of Section 5-1101 of the
18    Counties Code, it shall be disbursed by the circuit clerk
19    as provided in subsection (f-5) of Section 5-1101 of the
20    Counties Code.
21        (9) When a victim impact panel fee is assessed pursuant
22    to subsection (b) of Section 11-501.01 of the Vehicle Code,
23    it shall be disbursed by the circuit clerk to the victim
24    impact panel to be attended by the defendant.
25        (10) When a new fee collected in traffic cases is
26    enacted after the effective date of this subsection (h), it

 

 

HB6193- 40 -LRB099 17059 RLC 41417 b

1    shall be excluded from the percentage disbursement
2    provisions of this Section unless otherwise indicated by
3    law.
4    (i) Of the amounts collected as fines under subsection (b)
5of Section 3-712 of the Illinois Vehicle Code, 99% shall be
6deposited into the Illinois Military Family Relief Fund and 1%
7shall be deposited into the Circuit Court Clerk Operation and
8Administrative Fund created by the Clerk of the Circuit Court
9to be used to offset the costs incurred by the Circuit Court
10Clerk in performing the additional duties required to collect
11and disburse funds to entities of State and local government as
12provided by law.
13    (j) (Blank).
14    (k) For any conviction or disposition of court supervision
15for a violation of Section 11-1429 of the Illinois Vehicle
16Code, the circuit clerk shall distribute the fines paid by the
17person as specified by subsection (h) of Section 11-1429 of the
18Illinois Vehicle Code.
19    (l) Any person who receives a disposition of court
20supervision for a violation of Section 11-501 of the Illinois
21Vehicle Code or a similar provision of a local ordinance shall,
22in addition to any other fines, fees, and court costs, pay an
23additional fee of $50, which shall be collected by the circuit
24clerk and then remitted to the State Treasurer for deposit into
25the Roadside Memorial Fund, a special fund in the State
26treasury. However, the court may waive the fee if full

 

 

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1restitution is complied with. Subject to appropriation, all
2moneys in the Roadside Memorial Fund shall be used by the
3Department of Transportation to pay fees imposed under
4subsection (f) of Section 20 of the Roadside Memorial Act. The
5fee shall be remitted by the circuit clerk within one month
6after receipt to the State Treasurer for deposit into the
7Roadside Memorial Fund.
8    (m) Of the amounts collected as fines under subsection (c)
9of Section 411.4 of the Illinois Controlled Substances Act or
10subsection (c) of Section 90 of the Methamphetamine Control and
11Community Protection Act, 99% shall be deposited to the law
12enforcement agency or fund specified and 1% shall be deposited
13into the Circuit Court Clerk Operation and Administrative Fund
14to be used to offset the costs incurred by the Circuit Court
15Clerk in performing the additional duties required to collect
16and disburse funds to entities of State and local government as
17provided by law.
18    (n) In addition to any other fines and court costs assessed
19by the courts, any person who is convicted of or pleads guilty
20to a violation of the Criminal Code of 1961 or the Criminal
21Code of 2012, or a similar provision of a local ordinance, or
22who is convicted of, pleads guilty to, or receives a
23disposition of court supervision for a violation of the
24Illinois Vehicle Code, or a similar provision of a local
25ordinance, shall pay an additional fee of $15 to the clerk of
26the circuit court. This additional fee of $15 shall not be

 

 

HB6193- 42 -LRB099 17059 RLC 41417 b

1considered a part of the fine for purposes of any reduction in
2the fine for time served either before or after sentencing.
3This amount, less 2.5% that shall be used to defray
4administrative costs incurred by the clerk, shall be remitted
5by the clerk to the State Treasurer within 60 days after
6receipt for deposit into the State Police Merit Board Public
7Safety Fund.
8    (o) The amounts collected as fines under Sections 10-9,
911-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall
10be collected by the circuit clerk and distributed as provided
11under Section 5-9-1.21 of the Unified Code of Corrections in
12lieu of any disbursement under subsection (a) of this Section.
13    (p) In addition to any other fees and penalties imposed,
14any person who is convicted of or pleads guilty to a violation
15of Section 20-1 or Section 20-1.1 of the Criminal Code of 2012
16shall pay an additional fee of $250 to the clerk of the circuit
17court. This additional fee of $250 shall not be considered a
18part of the fine for purposes of any reduction in the fine for
19time served either before or after sentencing. This amount,
20less 2.5% that shall be used to defray administrative costs
21incurred by the clerk, shall be remitted by the clerk to the
22Department of Insurance within 60 days after receipt for
23deposit into the George Bailey Memorial Fund.
24(Source: P.A. 98-658, eff. 6-23-14; 98-1013, eff. 1-1-15;
2599-78, eff. 7-20-15; 99-455, eff. 1-1-16.)
 

 

 

HB6193- 43 -LRB099 17059 RLC 41417 b

1    Section 20. The Criminal Code of 2012 is amended by
2changing Sections 24-1.1, 24-1.6, and 24-1.8 and by adding
3Section 24-1.1-5 as follows:
 
4    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
5    Sec. 24-1.1. Unlawful use or possession of weapons by
6felons Use or Possession of Weapons by Felons or Persons in the
7Custody of the Department of Corrections Facilities.
8    (a) It is unlawful for a person to knowingly possess on or
9about his person or on his land or in his own abode or fixed
10place of business any weapon prohibited under Section 24-1 of
11this Act or any firearm or any firearm ammunition if the person
12has been convicted of a felony under the laws of this State or
13any other jurisdiction. This Section shall not apply if the
14person has been granted relief by the Director of the
15Department of State Police under Section 10 of the Firearm
16Owners Identification Card Act.
17    (b) (Blank). It is unlawful for any person confined in a
18penal institution, which is a facility of the Illinois
19Department of Corrections, to possess any weapon prohibited
20under Section 24-1 of this Code or any firearm or firearm
21ammunition, regardless of the intent with which he possesses
22it.
23    (c) (Blank). It shall be an affirmative defense to a
24violation of subsection (b), that such possession was
25specifically authorized by rule, regulation, or directive of

 

 

HB6193- 44 -LRB099 17059 RLC 41417 b

1the Illinois Department of Corrections or order issued pursuant
2thereto.
3    (d) (Blank). The defense of necessity is not available to a
4person who is charged with a violation of subsection (b) of
5this Section.
6    (e) Sentence.
7        (1) Violation of this Section is by a person not
8    confined in a penal institution shall be a Class 3 felony
9    for which the person shall be sentenced to no less than 3 2
10    years and no more than 10 years and any second or
11    subsequent violation shall be a Class 2 felony for which
12    the person shall be sentenced to a term of imprisonment of
13    not less than 3 years and not more than 14 years.
14        (2) Violation of this Section is a Class 2 felony for
15    which the person shall be sentenced to not less than 3
16    years and not more than 14 years if the conviction was
17    entered less than 10 years prior to the commission of the
18    instant offense, excluding any time the defendant was in
19    custody, on probation, conditional discharge, or mandatory
20    supervised release.
21        (3) Violation of this Section by a person not confined
22    in a penal institution who has been convicted of a second
23    or subsequent offense under this Section, a forcible
24    felony, a felony violation of Article 24 of this Code or of
25    the Firearm Owners Identification Card Act, stalking or
26    aggravated stalking, or a Class 2 or greater felony under

 

 

HB6193- 45 -LRB099 17059 RLC 41417 b

1    the Illinois Controlled Substances Act, the Cannabis
2    Control Act, or the Methamphetamine Control and Community
3    Protection Act is a Class 2 felony for which the person
4    shall be sentenced to not less than 4 3 years and not more
5    than 14 years.
6        (4) Violation of this Section by a person who is on
7    parole or mandatory supervised release is a Class 2 felony
8    for which the person shall be sentenced to not less than 4
9    3 years and not more than 14 years.
10        (5) Violation of this Section by a person not confined
11    in a penal institution is a Class X felony when the firearm
12    possessed is a machine gun. Any person who violates this
13    Section while confined in a penal institution, which is a
14    facility of the Illinois Department of Corrections, is
15    guilty of a Class 1 felony, if he possesses any weapon
16    prohibited under Section 24-1 of this Code regardless of
17    the intent with which he possesses it, a Class X felony if
18    he possesses any firearm, firearm ammunition or explosive,
19    and a Class X felony for which the offender shall be
20    sentenced to not less than 12 years and not more than 50
21    years when the firearm possessed is a machine gun.
22        (6) A violation of this Section while wearing or in
23    possession of body armor as defined in Section 33F-1 is a
24    Class X felony punishable by a term of imprisonment of not
25    less than 10 years and not more than 40 years.
26        (7) A sentence of county impact incarceration under

 

 

HB6193- 46 -LRB099 17059 RLC 41417 b

1    Section 5-8-1.2 of the Unified Code of Corrections is not
2    authorized for a violation of this Section.
3        (8) The possession of each firearm or firearm
4    ammunition in violation of this Section constitutes a
5    single and separate violation.
6(Source: P.A. 97-237, eff. 1-1-12.)
 
7    (720 ILCS 5/24-1.1-5 new)
8    Sec. 24-1.1-5. Unlawful use or possession of weapons by
9persons in the custody of the Department of Corrections
10facilities.
11    (a) It is unlawful for any person confined in a penal
12institution, which is a facility of the Illinois Department of
13Corrections, to possess any weapon prohibited under Section
1424-1 of this Code or any firearm or firearm ammunition,
15regardless of the intent with which he or she possesses it.
16    (b) It is an affirmative defense to a violation of this
17Section that the possession was specifically authorized by
18rule, regulation, or directive of the Illinois Department of
19Corrections or order issued under that rule, regulation, or
20directive.
21    (c) The defense of necessity is not available to a person
22who is charged with a violation of this Section.
23    (d) Sentence.
24    (1) Any person who violates this Section is guilty of a
25Class 1 felony, if he or she possesses any weapon prohibited

 

 

HB6193- 47 -LRB099 17059 RLC 41417 b

1under Section 24-1 of this Code, a Class X felony if he or she
2possesses any firearm, firearm ammunition, or explosive, and a
3Class X felony for which the offender shall be sentenced to not
4less than 12 years and not more than 50 years when the firearm
5possessed is a machine gun.
6    (2) A violation of this Section while wearing or in
7possession of body armor as defined in Section 33F-1 is a Class
8X felony punishable by a term of imprisonment of not less than
910 years and not more than 40 years.
10    (3) The possession of each firearm or firearm ammunition in
11violation of this Section constitutes a single and separate
12violation.
13    (4) A sentence of county impact incarceration under Section
145-8-1.2 of the Unified Code of Corrections is not authorized
15for a violation of this Section.
 
16    (720 ILCS 5/24-1.6)
17    Sec. 24-1.6. Aggravated unlawful use of a weapon.
18    (a) A person commits the offense of aggravated unlawful use
19of a weapon when he or she knowingly:
20        (1) Carries on or about his or her person or in any
21    vehicle or concealed on or about his or her person except
22    when on his or her land or in his or her abode, legal
23    dwelling, or fixed place of business, or on the land or in
24    the legal dwelling of another person as an invitee with
25    that person's permission, any pistol, revolver, stun gun or

 

 

HB6193- 48 -LRB099 17059 RLC 41417 b

1    taser or other firearm; or
2        (2) Carries or possesses on or about his or her person,
3    upon any public street, alley, or other public lands within
4    the corporate limits of a city, village or incorporated
5    town, except when an invitee thereon or therein, for the
6    purpose of the display of such weapon or the lawful
7    commerce in weapons, or except when on his or her own land
8    or in his or her own abode, legal dwelling, or fixed place
9    of business, or on the land or in the legal dwelling of
10    another person as an invitee with that person's permission,
11    any pistol, revolver, stun gun or taser or other firearm;
12    and
13        (3) One of the following factors is present:
14            (A) the firearm, other than a pistol, revolver, or
15        handgun, possessed was uncased, loaded, and
16        immediately accessible at the time of the offense; or
17            (A-5) the pistol, revolver, or handgun possessed
18        was uncased, loaded, and immediately accessible at the
19        time of the offense and the person possessing the
20        pistol, revolver, or handgun has not been issued a
21        currently valid license under the Firearm Concealed
22        Carry Act; or
23            (B) the firearm, other than a pistol, revolver, or
24        handgun, possessed was uncased, unloaded, and the
25        ammunition for the weapon was immediately accessible
26        at the time of the offense; or

 

 

HB6193- 49 -LRB099 17059 RLC 41417 b

1            (B-5) the pistol, revolver, or handgun possessed
2        was uncased, unloaded, and the ammunition for the
3        weapon was immediately accessible at the time of the
4        offense and the person possessing the pistol,
5        revolver, or handgun has not been issued a currently
6        valid license under the Firearm Concealed Carry Act; or
7            (C) the person possessing the firearm has not been
8        issued a currently valid Firearm Owner's
9        Identification Card; or
10            (D) the person possessing the weapon was
11        previously adjudicated a delinquent minor under the
12        Juvenile Court Act of 1987 for an act that if committed
13        by an adult would be a felony; or
14            (E) the person possessing the weapon was engaged in
15        a misdemeanor violation of the Cannabis Control Act, in
16        a misdemeanor violation of the Illinois Controlled
17        Substances Act, or in a misdemeanor violation of the
18        Methamphetamine Control and Community Protection Act;
19        or
20            (F) (blank); or
21            (G) the person possessing the weapon had a order of
22        protection issued against him or her within the
23        previous 2 years; or
24            (H) the person possessing the weapon was engaged in
25        the commission or attempted commission of a
26        misdemeanor involving the use or threat of violence

 

 

HB6193- 50 -LRB099 17059 RLC 41417 b

1        against the person or property of another; or
2            (I) the person possessing the weapon was under 21
3        years of age and in possession of a handgun, unless the
4        person under 21 is engaged in lawful activities under
5        the Wildlife Code or described in subsection
6        24-2(b)(1), (b)(3), or 24-2(f).
7    (a-5) "Handgun" as used in this Section has the meaning
8given to it in Section 5 of the Firearm Concealed Carry Act.
9    (b) "Stun gun or taser" as used in this Section has the
10same definition given to it in Section 24-1 of this Code.
11    (c) This Section does not apply to or affect the
12transportation or possession of weapons that:
13        (i) are broken down in a non-functioning state; or
14        (ii) are not immediately accessible; or
15        (iii) are unloaded and enclosed in a case, firearm
16    carrying box, shipping box, or other container by a person
17    who has been issued a currently valid Firearm Owner's
18    Identification Card.
19    (d) Sentence.
20         (1) Aggravated unlawful use of a weapon is a Class 4
21    felony; a second or subsequent offense is a Class 2 felony
22    for which the person shall be sentenced to a term of
23    imprisonment of not less than 4 3 years and not more than
24    10 7 years.
25        (2) Except as otherwise provided in paragraphs (3) and
26    (4) of this subsection (d), a first offense of aggravated

 

 

HB6193- 51 -LRB099 17059 RLC 41417 b

1    unlawful use of a weapon committed with a firearm by a
2    person 18 years of age or older where the factors listed in
3    both items (A) and (C) or both items (A-5) and (C) of
4    paragraph (3) of subsection (a) are present is a Class 4
5    felony, for which the person shall be sentenced to a term
6    of imprisonment of not less than one year and not more than
7    3 years.
8        (3) Aggravated unlawful use of a weapon by a person who
9    has been previously convicted of a felony offense is a
10    Class 3 felony for which the person shall be sentenced to a
11    term of not less than 3 years and not more than 10 years,
12    unless the conviction was entered less than 10 years prior
13    to the commission of the instant offense, excluding any
14    time the defendant was in custody, on probation,
15    conditional discharge, or supervised release, in which
16    case it is a Class 2 felony for which the person shall be
17    sentenced to a term of not less than 4 years and not more
18    than 10 years. in this State or another jurisdiction is a
19    Class 2 felony for which the person shall be sentenced to a
20    term of imprisonment of not less than 3 years and not more
21    than 7 years.
22        (4) Aggravated unlawful use of a weapon while wearing
23    or in possession of body armor as defined in Section 33F-1
24    by a person who has not been issued a valid Firearms
25    Owner's Identification Card in accordance with Section 5 of
26    the Firearm Owners Identification Card Act is a Class X

 

 

HB6193- 52 -LRB099 17059 RLC 41417 b

1    felony.
2        (5) A sentence of county impact incarceration under
3    Section 5-8-1.2 of the Unified Code of Corrections is not
4    authorized for a violation of this Section.
5    (e) The possession of each firearm in violation of this
6Section constitutes a single and separate violation.
7(Source: P.A. 98-63, eff. 7-9-13.)
 
8    (720 ILCS 5/24-1.8)
9    Sec. 24-1.8. Unlawful possession of a firearm by a street
10gang member.
11    (a) A person commits unlawful possession of a firearm by a
12street gang member when he or she knowingly:
13        (1) possesses, carries, or conceals on or about his or
14    her person a firearm and firearm ammunition while on any
15    street, road, alley, gangway, sidewalk, or any other lands,
16    except when inside his or her own abode or inside his or
17    her fixed place of business, and has not been issued a
18    currently valid Firearm Owner's Identification Card and is
19    a member of a street gang; or
20        (2) possesses or carries in any vehicle a firearm and
21    firearm ammunition which are both immediately accessible
22    at the time of the offense while on any street, road,
23    alley, or any other lands, except when inside his or her
24    own abode or garage, and has not been issued a currently
25    valid Firearm Owner's Identification Card and is a member

 

 

HB6193- 53 -LRB099 17059 RLC 41417 b

1    of a street gang.
2    (b) Unlawful possession of a firearm by a street gang
3member is a Class 2 felony for which the person, if sentenced
4to a term of imprisonment, shall be sentenced to no less than 4
53 years and no more than 10 years. A sentence of county impact
6incarceration under Section 5-8-1.2 of the Unified Code of
7Corrections is not authorized for a violation of this Section.
8A period of probation, a term of periodic imprisonment or
9conditional discharge shall not be imposed for the offense of
10unlawful possession of a firearm by a street gang member when
11the firearm was loaded or contained firearm ammunition and the
12court shall sentence the offender to not less than the minimum
13term of imprisonment authorized for the Class 2 felony.
14    (c) For purposes of this Section:
15        "Street gang" or "gang" has the meaning ascribed to it
16    in Section 10 of the Illinois Streetgang Terrorism Omnibus
17    Prevention Act.
18        "Street gang member" or "gang member" has the meaning
19    ascribed to it in Section 10 of the Illinois Streetgang
20    Terrorism Omnibus Prevention Act.
21(Source: P.A. 96-829, eff. 12-3-09.)
 
22    Section 25. The Unified Code of Corrections is amended by
23changing Sections 3-6-3, 5-5-3, and 5-9-1.10 as follows:
 
24    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)

 

 

HB6193- 54 -LRB099 17059 RLC 41417 b

1    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
2        (a) (1) The Department of Corrections shall prescribe
3    rules and regulations for awarding and revoking sentence
4    credit for persons committed to the Department which shall
5    be subject to review by the Prisoner Review Board.
6        (1.5) As otherwise provided by law, sentence credit may
7    be awarded for the following:
8            (A) successful completion of programming while in
9        custody of the Department or while in custody prior to
10        sentencing;
11            (B) compliance with the rules and regulations of
12        the Department; or
13            (C) service to the institution, service to a
14        community, or service to the State.
15        (2) The rules and regulations on sentence credit shall
16    provide, with respect to offenses listed in clause (i),
17    (ii), or (iii) of this paragraph (2) committed on or after
18    June 19, 1998 or with respect to the offense listed in
19    clause (iv) of this paragraph (2) committed on or after
20    June 23, 2005 (the effective date of Public Act 94-71) or
21    with respect to offense listed in clause (vi) committed on
22    or after June 1, 2008 (the effective date of Public Act
23    95-625) or with respect to the offense of being an armed
24    habitual criminal committed on or after August 2, 2005 (the
25    effective date of Public Act 94-398) or with respect to the
26    offenses listed in clause (v) of this paragraph (2)

 

 

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1    committed on or after August 13, 2007 (the effective date
2    of Public Act 95-134) or with respect to the offense of
3    aggravated domestic battery committed on or after July 23,
4    2010 (the effective date of Public Act 96-1224) or with
5    respect to the offense of attempt to commit terrorism
6    committed on or after January 1, 2013 (the effective date
7    of Public Act 97-990), or with respect to the offenses
8    listed in clause (viii) of this paragraph (2) committed on
9    or after the effective date of this amendatory Act of the
10    99th General Assembly, the following:
11            (i) that a prisoner who is serving a term of
12        imprisonment for first degree murder or for the offense
13        of terrorism shall receive no sentence credit and shall
14        serve the entire sentence imposed by the court;
15            (ii) that a prisoner serving a sentence for attempt
16        to commit terrorism, attempt to commit first degree
17        murder, solicitation of murder, solicitation of murder
18        for hire, intentional homicide of an unborn child,
19        predatory criminal sexual assault of a child,
20        aggravated criminal sexual assault, criminal sexual
21        assault, aggravated kidnapping, aggravated battery
22        with a firearm as described in Section 12-4.2 or
23        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
24        Section 12-3.05, heinous battery as described in
25        Section 12-4.1 or subdivision (a)(2) of Section
26        12-3.05, being an armed habitual criminal, aggravated

 

 

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1        battery of a senior citizen as described in Section
2        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
3        aggravated battery of a child as described in Section
4        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
5        receive no more than 4.5 days of sentence credit for
6        each month of his or her sentence of imprisonment;
7            (iii) that a prisoner serving a sentence for home
8        invasion, armed robbery, aggravated vehicular
9        hijacking, aggravated discharge of a firearm, or armed
10        violence with a category I weapon or category II
11        weapon, when the court has made and entered a finding,
12        pursuant to subsection (c-1) of Section 5-4-1 of this
13        Code, that the conduct leading to conviction for the
14        enumerated offense resulted in great bodily harm to a
15        victim, shall receive no more than 4.5 days of sentence
16        credit for each month of his or her sentence of
17        imprisonment;
18            (iv) that a prisoner serving a sentence for
19        aggravated discharge of a firearm, whether or not the
20        conduct leading to conviction for the offense resulted
21        in great bodily harm to the victim, shall receive no
22        more than 4.5 days of sentence credit for each month of
23        his or her sentence of imprisonment;
24            (v) that a person serving a sentence for
25        gunrunning, narcotics racketeering, controlled
26        substance trafficking, methamphetamine trafficking,

 

 

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1        drug-induced homicide, aggravated
2        methamphetamine-related child endangerment, money
3        laundering pursuant to clause (c) (4) or (5) of Section
4        29B-1 of the Criminal Code of 1961 or the Criminal Code
5        of 2012, or a Class X felony conviction for delivery of
6        a controlled substance, possession of a controlled
7        substance with intent to manufacture or deliver,
8        calculated criminal drug conspiracy, criminal drug
9        conspiracy, street gang criminal drug conspiracy,
10        participation in methamphetamine manufacturing,
11        aggravated participation in methamphetamine
12        manufacturing, delivery of methamphetamine, possession
13        with intent to deliver methamphetamine, aggravated
14        delivery of methamphetamine, aggravated possession
15        with intent to deliver methamphetamine,
16        methamphetamine conspiracy when the substance
17        containing the controlled substance or methamphetamine
18        is 100 grams or more shall receive no more than 7.5
19        days sentence credit for each month of his or her
20        sentence of imprisonment;
21            (vi) that a prisoner serving a sentence for a
22        second or subsequent offense of luring a minor shall
23        receive no more than 4.5 days of sentence credit for
24        each month of his or her sentence of imprisonment; and
25            (vii) that a prisoner serving a sentence for
26        aggravated domestic battery shall receive no more than

 

 

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1        4.5 days of sentence credit for each month of his or
2        her sentence of imprisonment; and .
3            (viii) that a prisoner serving a sentence for a
4        violation under Section 24-1.8; paragraphs (2), (3),
5        (4), (5) or (6) of subsection (e) under Section 24-1.1;
6        or, a Class 2 or greater felony under Section 24-1.6 of
7        the Criminal Code of 2012 shall receive no more than
8        4.5 days of sentence credit for each month of his or
9        her sentence of imprisonment, unless the prisoner
10        receives a court order under paragraph (2.05) of this
11        subsection (a) authorizing the Department to issue up
12        to a maximum of 180 days of additional sentence credit
13        towards the prisoner's sentence
14        (2.05) Notwithstanding clause (viii) of paragraph (2)
15    of this subsection (a), if a person is convicted for a
16    violation under Section 24-1.8, paragraphs (2), (3), (4),
17    (5) or (6) of subsection (e) of Section 24-1.1, or a Class
18    2 or greater felony under Section 24-1.6 of the Criminal
19    Code of 2012, at the person's sentencing hearing, after
20    considering all of the evidence in aggravation and
21    mitigation, the court may enter an order for judicially
22    authorized sentence credit to the Department permitting
23    the issuance of sentence credit for each day that the
24    person is actually personally engaged full-time and is
25    attending one of the substance abuse programs, vocational
26    programs, correctional industry assignments, educational

 

 

HB6193- 59 -LRB099 17059 RLC 41417 b

1    programs, high school equivalency test programs, behavior
2    modification programs, life skills courses, or other
3    re-entry planning provided by the Department. The
4    Department may issue sentence credit up to a maximum of 180
5    days under the order, and this sentence credit is
6    contingent upon the person's successful completion of the
7    program under the standards provided by the Department. The
8    court may enter the order if the person establishes by a
9    preponderance of the evidence that the interest of justice
10    is served by permitting the person enrollment in
11    correctional programming. In making its determination the
12    court shall consider the following factors:
13            (A) the person was not the leader, manager, or
14        supervisor of others in the criminal conduct for which
15        the person was convicted;
16            (B) permitting sentence credit would serve the
17        goals of the person's rehabilitation and reentry into
18        society; and
19            (C) permitting sentence credit is in the interests
20        of public safety.
21        The sentencing judge shall specify on the record the
22    particular information, factors in aggravation or
23    mitigation, or other reasons that led to his or her
24    determination under this paragraph (2.05).
25        (2.1) For all offenses, other than those enumerated in
26    subdivision (a)(2)(i), (ii), or (iii) committed on or after

 

 

HB6193- 60 -LRB099 17059 RLC 41417 b

1    June 19, 1998 or subdivision (a)(2)(iv) committed on or
2    after June 23, 2005 (the effective date of Public Act
3    94-71) or subdivision (a)(2)(v) committed on or after
4    August 13, 2007 (the effective date of Public Act 95-134)
5    or subdivision (a)(2)(vi) committed on or after June 1,
6    2008 (the effective date of Public Act 95-625) or
7    subdivision (a)(2)(vii) committed on or after July 23, 2010
8    (the effective date of Public Act 96-1224), and other than
9    the offense of aggravated driving under the influence of
10    alcohol, other drug or drugs, or intoxicating compound or
11    compounds, or any combination thereof as defined in
12    subparagraph (F) of paragraph (1) of subsection (d) of
13    Section 11-501 of the Illinois Vehicle Code, and other than
14    the offense of aggravated driving under the influence of
15    alcohol, other drug or drugs, or intoxicating compound or
16    compounds, or any combination thereof as defined in
17    subparagraph (C) of paragraph (1) of subsection (d) of
18    Section 11-501 of the Illinois Vehicle Code committed on or
19    after January 1, 2011 (the effective date of Public Act
20    96-1230), the rules and regulations shall provide that a
21    prisoner who is serving a term of imprisonment shall
22    receive one day of sentence credit for each day of his or
23    her sentence of imprisonment or recommitment under Section
24    3-3-9. Each day of sentence credit shall reduce by one day
25    the prisoner's period of imprisonment or recommitment
26    under Section 3-3-9.

 

 

HB6193- 61 -LRB099 17059 RLC 41417 b

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

 

 

HB6193- 62 -LRB099 17059 RLC 41417 b

1    aggravated arson committed on or after July 27, 2001 (the
2    effective date of Public Act 92-176) shall receive no more
3    than 4.5 days of sentence credit for each month of his or
4    her sentence of imprisonment.
5        (2.6) The rules and regulations on sentence credit
6    shall provide that a prisoner who is serving a sentence for
7    aggravated driving under the influence of alcohol, other
8    drug or drugs, or intoxicating compound or compounds or any
9    combination thereof as defined in subparagraph (C) of
10    paragraph (1) of subsection (d) of Section 11-501 of the
11    Illinois Vehicle Code committed on or after January 1, 2011
12    (the effective date of Public Act 96-1230) shall receive no
13    more than 4.5 days of sentence credit for each month of his
14    or her sentence of imprisonment.
15        (3) The rules and regulations shall also provide that
16    the Director may award up to 180 days additional sentence
17    credit for good conduct in specific instances as the
18    Director deems proper. The good conduct may include, but is
19    not limited to, compliance with the rules and regulations
20    of the Department, service to the Department, service to a
21    community, or service to the State. However, the Director
22    shall not award more than 90 days of sentence credit for
23    good conduct to any prisoner who is serving a sentence for
24    conviction of first degree murder, reckless homicide while
25    under the influence of alcohol or any other drug, or
26    aggravated driving under the influence of alcohol, other

 

 

HB6193- 63 -LRB099 17059 RLC 41417 b

1    drug or drugs, or intoxicating compound or compounds, or
2    any combination thereof as defined in subparagraph (F) of
3    paragraph (1) of subsection (d) of Section 11-501 of the
4    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
5    predatory criminal sexual assault of a child, aggravated
6    criminal sexual assault, criminal sexual assault, deviate
7    sexual assault, aggravated criminal sexual abuse,
8    aggravated indecent liberties with a child, indecent
9    liberties with a child, child pornography, heinous battery
10    as described in Section 12-4.1 or subdivision (a)(2) of
11    Section 12-3.05, aggravated battery of a spouse,
12    aggravated battery of a spouse with a firearm, stalking,
13    aggravated stalking, aggravated battery of a child as
14    described in Section 12-4.3 or subdivision (b)(1) of
15    Section 12-3.05, endangering the life or health of a child,
16    or cruelty to a child. Notwithstanding the foregoing,
17    sentence credit for good conduct shall not be awarded on a
18    sentence of imprisonment imposed for conviction of: (i) one
19    of the offenses enumerated in subdivision (a)(2)(i), (ii),
20    or (iii) when the offense is committed on or after June 19,
21    1998 or subdivision (a)(2)(iv) when the offense is
22    committed on or after June 23, 2005 (the effective date of
23    Public Act 94-71) or subdivision (a)(2)(v) when the offense
24    is committed on or after August 13, 2007 (the effective
25    date of Public Act 95-134) or subdivision (a)(2)(vi) when
26    the offense is committed on or after June 1, 2008 (the

 

 

HB6193- 64 -LRB099 17059 RLC 41417 b

1    effective date of Public Act 95-625) or subdivision
2    (a)(2)(vii) when the offense is committed on or after July
3    23, 2010 (the effective date of Public Act 96-1224), (ii)
4    aggravated driving under the influence of alcohol, other
5    drug or drugs, or intoxicating compound or compounds, or
6    any combination thereof as defined in subparagraph (F) of
7    paragraph (1) of subsection (d) of Section 11-501 of the
8    Illinois Vehicle Code, (iii) one of the offenses enumerated
9    in subdivision (a)(2.4) when the offense is committed on or
10    after July 15, 1999 (the effective date of Public Act
11    91-121), (iv) aggravated arson when the offense is
12    committed on or after July 27, 2001 (the effective date of
13    Public Act 92-176), (v) offenses that may subject the
14    offender to commitment under the Sexually Violent Persons
15    Commitment Act, or (vi) aggravated driving under the
16    influence of alcohol, other drug or drugs, or intoxicating
17    compound or compounds or any combination thereof as defined
18    in subparagraph (C) of paragraph (1) of subsection (d) of
19    Section 11-501 of the Illinois Vehicle Code committed on or
20    after January 1, 2011 (the effective date of Public Act
21    96-1230).
22    Eligible inmates for an award of sentence credit under this
23paragraph (3) may be selected to receive the credit at the
24Director's or his or her designee's sole discretion.
25Consideration may be based on, but not limited to, any
26available risk assessment analysis on the inmate, any history

 

 

HB6193- 65 -LRB099 17059 RLC 41417 b

1of conviction for violent crimes as defined by the Rights of
2Crime Victims and Witnesses Act, facts and circumstances of the
3inmate's holding offense or offenses, and the potential for
4rehabilitation.
5    The Director shall not award sentence credit under this
6paragraph (3) to an inmate unless the inmate has served a
7minimum of 60 days of the sentence; except nothing in this
8paragraph shall be construed to permit the Director to extend
9an inmate's sentence beyond that which was imposed by the
10court. Prior to awarding credit under this paragraph (3), the
11Director shall make a written determination that the inmate:
12            (A) is eligible for the sentence credit;
13            (B) has served a minimum of 60 days, or as close to
14        60 days as the sentence will allow; and
15            (C) has met the eligibility criteria established
16        by rule.
17        The Director shall determine the form and content of
18    the written determination required in this subsection.
19        (3.5) The Department shall provide annual written
20    reports to the Governor and the General Assembly on the
21    award of sentence credit for good conduct, with the first
22    report due January 1, 2014. The Department must publish
23    both reports on its website within 48 hours of transmitting
24    the reports to the Governor and the General Assembly. The
25    reports must include:
26            (A) the number of inmates awarded sentence credit

 

 

HB6193- 66 -LRB099 17059 RLC 41417 b

1        for good conduct;
2            (B) the average amount of sentence credit for good
3        conduct awarded;
4            (C) the holding offenses of inmates awarded
5        sentence credit for good conduct; and
6            (D) the number of sentence credit for good conduct
7        revocations.
8        (4) The rules and regulations shall also provide that
9    the sentence credit accumulated and retained under
10    paragraph (2.1) of subsection (a) of this Section by any
11    inmate during specific periods of time in which such inmate
12    is engaged full-time in substance abuse programs,
13    correctional industry assignments, educational programs,
14    behavior modification programs, life skills courses, or
15    re-entry planning provided by the Department under this
16    paragraph (4) and satisfactorily completes the assigned
17    program as determined by the standards of the Department,
18    shall be multiplied by a factor of 1.25 for program
19    participation before August 11, 1993 and 1.50 for program
20    participation on or after that date. The rules and
21    regulations shall also provide that sentence credit,
22    subject to the same offense limits and multiplier provided
23    in this paragraph, may be provided to an inmate who was
24    held in pre-trial detention prior to his or her current
25    commitment to the Department of Corrections and
26    successfully completed a full-time, 60-day or longer

 

 

HB6193- 67 -LRB099 17059 RLC 41417 b

1    substance abuse program, educational program, behavior
2    modification program, life skills course, or re-entry
3    planning provided by the county department of corrections
4    or county jail. Calculation of this county program credit
5    shall be done at sentencing as provided in Section
6    5-4.5-100 of this Code and shall be included in the
7    sentencing order. However, no inmate shall be eligible for
8    the additional sentence credit under this paragraph (4) or
9    (4.1) of this subsection (a) while assigned to a boot camp
10    or electronic detention, or if convicted of an offense
11    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
12    Section that is committed on or after June 19, 1998 or
13    subdivision (a)(2)(iv) of this Section that is committed on
14    or after June 23, 2005 (the effective date of Public Act
15    94-71) or subdivision (a)(2)(v) of this Section that is
16    committed on or after August 13, 2007 (the effective date
17    of Public Act 95-134) or subdivision (a)(2)(vi) when the
18    offense is committed on or after June 1, 2008 (the
19    effective date of Public Act 95-625) or subdivision
20    (a)(2)(vii) when the offense is committed on or after July
21    23, 2010 (the effective date of Public Act 96-1224), or if
22    convicted of aggravated driving under the influence of
23    alcohol, other drug or drugs, or intoxicating compound or
24    compounds or any combination thereof as defined in
25    subparagraph (F) of paragraph (1) of subsection (d) of
26    Section 11-501 of the Illinois Vehicle Code, or if

 

 

HB6193- 68 -LRB099 17059 RLC 41417 b

1    convicted of aggravated driving under the influence of
2    alcohol, other drug or drugs, or intoxicating compound or
3    compounds or any combination thereof as defined in
4    subparagraph (C) of paragraph (1) of subsection (d) of
5    Section 11-501 of the Illinois Vehicle Code committed on or
6    after January 1, 2011 (the effective date of Public Act
7    96-1230), or if convicted of an offense enumerated in
8    paragraph (a)(2.4) of this Section that is committed on or
9    after July 15, 1999 (the effective date of Public Act
10    91-121), or first degree murder, a Class X felony, criminal
11    sexual assault, felony criminal sexual abuse, aggravated
12    criminal sexual abuse, aggravated battery with a firearm as
13    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
14    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
15    successor offenses with the same or substantially the same
16    elements, or any inchoate offenses relating to the
17    foregoing offenses. No inmate shall be eligible for the
18    additional good conduct credit under this paragraph (4) who
19    (i) has previously received increased good conduct credit
20    under this paragraph (4) and has subsequently been
21    convicted of a felony, or (ii) has previously served more
22    than one prior sentence of imprisonment for a felony in an
23    adult correctional facility.
24        Educational, vocational, substance abuse, behavior
25    modification programs, life skills courses, re-entry
26    planning, and correctional industry programs under which

 

 

HB6193- 69 -LRB099 17059 RLC 41417 b

1    sentence credit may be increased under this paragraph (4)
2    and paragraph (4.1) of this subsection (a) shall be
3    evaluated by the Department on the basis of documented
4    standards. The Department shall report the results of these
5    evaluations to the Governor and the General Assembly by
6    September 30th of each year. The reports shall include data
7    relating to the recidivism rate among program
8    participants.
9        Availability of these programs shall be subject to the
10    limits of fiscal resources appropriated by the General
11    Assembly for these purposes. Eligible inmates who are
12    denied immediate admission shall be placed on a waiting
13    list under criteria established by the Department. The
14    inability of any inmate to become engaged in any such
15    programs by reason of insufficient program resources or for
16    any other reason established under the rules and
17    regulations of the Department shall not be deemed a cause
18    of action under which the Department or any employee or
19    agent of the Department shall be liable for damages to the
20    inmate.
21        (4.1) The rules and regulations shall also provide that
22    an additional 90 days of sentence credit shall be awarded
23    to any prisoner who passes high school equivalency testing
24    while the prisoner is committed to the Department of
25    Corrections. The sentence credit awarded under this
26    paragraph (4.1) shall be in addition to, and shall not

 

 

HB6193- 70 -LRB099 17059 RLC 41417 b

1    affect, the award of sentence credit under any other
2    paragraph of this Section, but shall also be pursuant to
3    the guidelines and restrictions set forth in paragraph (4)
4    of subsection (a) of this Section. The sentence credit
5    provided for in this paragraph shall be available only to
6    those prisoners who have not previously earned a high
7    school diploma or a high school equivalency certificate.
8    If, after an award of the high school equivalency testing
9    sentence credit has been made, the Department determines
10    that the prisoner was not eligible, then the award shall be
11    revoked. The Department may also award 90 days of sentence
12    credit to any committed person who passed high school
13    equivalency testing while he or she was held in pre-trial
14    detention prior to the current commitment to the Department
15    of Corrections.
16        (4.5) The rules and regulations on sentence credit
17    shall also provide that when the court's sentencing order
18    recommends a prisoner for substance abuse treatment and the
19    crime was committed on or after September 1, 2003 (the
20    effective date of Public Act 93-354), the prisoner shall
21    receive no sentence credit awarded under clause (3) of this
22    subsection (a) unless he or she participates in and
23    completes a substance abuse treatment program. The
24    Director may waive the requirement to participate in or
25    complete a substance abuse treatment program and award the
26    sentence credit in specific instances if the prisoner is

 

 

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

 

 

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1    Department, may, at the Director's sole discretion, be
2    awarded sentence credit at a rate as the Director shall
3    determine.
4        (5) Whenever the Department is to release any inmate
5    earlier than it otherwise would because of a grant of
6    sentence credit for good conduct under paragraph (3) of
7    subsection (a) of this Section given at any time during the
8    term, the Department shall give reasonable notice of the
9    impending release not less than 14 days prior to the date
10    of the release to the State's Attorney of the county where
11    the prosecution of the inmate took place, and if
12    applicable, the State's Attorney of the county into which
13    the inmate will be released. The Department must also make
14    identification information and a recent photo of the inmate
15    being released accessible on the Internet by means of a
16    hyperlink labeled "Community Notification of Inmate Early
17    Release" on the Department's World Wide Web homepage. The
18    identification information shall include the inmate's:
19    name, any known alias, date of birth, physical
20    characteristics, commitment offense and county where
21    conviction was imposed. The identification information
22    shall be placed on the website within 3 days of the
23    inmate's release and the information may not be removed
24    until either: completion of the first year of mandatory
25    supervised release or return of the inmate to custody of
26    the Department.

 

 

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1    (b) Whenever a person is or has been committed under
2several convictions, with separate sentences, the sentences
3shall be construed under Section 5-8-4 in granting and
4forfeiting of sentence credit.
5    (c) The Department shall prescribe rules and regulations
6for revoking sentence credit, including revoking sentence
7credit awarded for good conduct under paragraph (3) of
8subsection (a) of this Section. The Department shall prescribe
9rules and regulations for suspending or reducing the rate of
10accumulation of sentence credit for specific rule violations,
11during imprisonment. These rules and regulations shall provide
12that no inmate may be penalized more than one year of sentence
13credit for any one infraction.
14    When the Department seeks to revoke, suspend or reduce the
15rate of accumulation of any sentence credits for an alleged
16infraction of its rules, it shall bring charges therefor
17against the prisoner sought to be so deprived of sentence
18credits before the Prisoner Review Board as provided in
19subparagraph (a)(4) of Section 3-3-2 of this Code, if the
20amount of credit at issue exceeds 30 days or when during any 12
21month period, the cumulative amount of credit revoked exceeds
2230 days except where the infraction is committed or discovered
23within 60 days of scheduled release. In those cases, the
24Department of Corrections may revoke up to 30 days of sentence
25credit. The Board may subsequently approve the revocation of
26additional sentence credit, if the Department seeks to revoke

 

 

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1sentence credit in excess of 30 days. However, the Board shall
2not be empowered to review the Department's decision with
3respect to the loss of 30 days of sentence credit within any
4calendar year for any prisoner or to increase any penalty
5beyond the length requested by the Department.
6    The Director of the Department of Corrections, in
7appropriate cases, may restore up to 30 days of sentence
8credits which have been revoked, suspended or reduced. Any
9restoration of sentence credits in excess of 30 days shall be
10subject to review by the Prisoner Review Board. However, the
11Board may not restore sentence credit in excess of the amount
12requested by the Director.
13    Nothing contained in this Section shall prohibit the
14Prisoner Review Board from ordering, pursuant to Section
153-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
16sentence imposed by the court that was not served due to the
17accumulation of sentence credit.
18    (d) If a lawsuit is filed by a prisoner in an Illinois or
19federal court against the State, the Department of Corrections,
20or the Prisoner Review Board, or against any of their officers
21or employees, and the court makes a specific finding that a
22pleading, motion, or other paper filed by the prisoner is
23frivolous, the Department of Corrections shall conduct a
24hearing to revoke up to 180 days of sentence credit by bringing
25charges against the prisoner sought to be deprived of the
26sentence credits before the Prisoner Review Board as provided

 

 

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1in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
2prisoner has not accumulated 180 days of sentence credit at the
3time of the finding, then the Prisoner Review Board may revoke
4all sentence credit accumulated by the prisoner.
5    For purposes of this subsection (d):
6        (1) "Frivolous" means that a pleading, motion, or other
7    filing which purports to be a legal document filed by a
8    prisoner in his or her lawsuit meets any or all of the
9    following criteria:
10            (A) it lacks an arguable basis either in law or in
11        fact;
12            (B) it is being presented for any improper purpose,
13        such as to harass or to cause unnecessary delay or
14        needless increase in the cost of litigation;
15            (C) the claims, defenses, and other legal
16        contentions therein are not warranted by existing law
17        or by a nonfrivolous argument for the extension,
18        modification, or reversal of existing law or the
19        establishment of new law;
20            (D) the allegations and other factual contentions
21        do not have evidentiary support or, if specifically so
22        identified, are not likely to have evidentiary support
23        after a reasonable opportunity for further
24        investigation or discovery; or
25            (E) the denials of factual contentions are not
26        warranted on the evidence, or if specifically so

 

 

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1        identified, are not reasonably based on a lack of
2        information or belief.
3        (2) "Lawsuit" means a motion pursuant to Section 116-3
4    of the Code of Criminal Procedure of 1963, a habeas corpus
5    action under Article X of the Code of Civil Procedure or
6    under federal law (28 U.S.C. 2254), a petition for claim
7    under the Court of Claims Act, an action under the federal
8    Civil Rights Act (42 U.S.C. 1983), or a second or
9    subsequent petition for post-conviction relief under
10    Article 122 of the Code of Criminal Procedure of 1963
11    whether filed with or without leave of court or a second or
12    subsequent petition for relief from judgment under Section
13    2-1401 of the Code of Civil Procedure.
14    (e) Nothing in Public Act 90-592 or 90-593 affects the
15validity of Public Act 89-404.
16    (f) Whenever the Department is to release any inmate who
17has been convicted of a violation of an order of protection
18under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
19the Criminal Code of 2012, earlier than it otherwise would
20because of a grant of sentence credit, the Department, as a
21condition of release, shall require that the person, upon
22release, be placed under electronic surveillance as provided in
23Section 5-8A-7 of this Code.
24(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
25eff. 1-1-16; revised 10-19-15.)
 

 

 

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1    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
2    Sec. 5-5-3. Disposition.
3    (a) (Blank).
4    (b) (Blank).
5    (c) (1) (Blank).
6    (2) A period of probation, a term of periodic imprisonment
7or conditional discharge shall not be imposed for the following
8offenses. The court shall sentence the offender to not less
9than the minimum term of imprisonment set forth in this Code
10for the following offenses, and may order a fine or restitution
11or both in conjunction with such term of imprisonment:
12        (A) First degree murder where the death penalty is not
13    imposed.
14        (B) Attempted first degree murder.
15        (C) A Class X felony.
16        (D) A violation of Section 401.1 or 407 of the Illinois
17    Controlled Substances Act, or a violation of subdivision
18    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
19    to more than 5 grams of a substance containing cocaine,
20    fentanyl, or an analog thereof.
21        (D-5) A violation of subdivision (c)(1) of Section 401
22    of the Illinois Controlled Substances Act which relates to
23    3 or more grams of a substance containing heroin or an
24    analog thereof.
25        (E) A violation of Section 5.1 or 9 of the Cannabis
26    Control Act.

 

 

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1        (F) A Class 2 or greater felony if the offender had
2    been convicted of a Class 2 or greater felony, including
3    any state or federal conviction for an offense that
4    contained, at the time it was committed, the same elements
5    as an offense now (the date of the offense committed after
6    the prior Class 2 or greater felony) classified as a Class
7    2 or greater felony, within 10 years of the date on which
8    the offender committed the offense for which he or she is
9    being sentenced, except as otherwise provided in Section
10    40-10 of the Alcoholism and Other Drug Abuse and Dependency
11    Act.
12        (F-5) A violation of Section 24-1, 24-1.1, 24-1.1-5, or
13    24-1.6, or 24-1.8 of the Criminal Code of 1961 or the
14    Criminal Code of 2012 for which imprisonment is prescribed
15    in those Sections.
16        (G) Residential burglary, except as otherwise provided
17    in Section 40-10 of the Alcoholism and Other Drug Abuse and
18    Dependency Act.
19        (H) Criminal sexual assault.
20        (I) Aggravated battery of a senior citizen as described
21    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
22    of the Criminal Code of 1961 or the Criminal Code of 2012.
23        (J) A forcible felony if the offense was related to the
24    activities of an organized gang.
25        Before July 1, 1994, for the purposes of this
26    paragraph, "organized gang" means an association of 5 or

 

 

HB6193- 79 -LRB099 17059 RLC 41417 b

1    more persons, with an established hierarchy, that
2    encourages members of the association to perpetrate crimes
3    or provides support to the members of the association who
4    do commit crimes.
5        Beginning July 1, 1994, for the purposes of this
6    paragraph, "organized gang" has the meaning ascribed to it
7    in Section 10 of the Illinois Streetgang Terrorism Omnibus
8    Prevention Act.
9        (K) Vehicular hijacking.
10        (L) A second or subsequent conviction for the offense
11    of hate crime when the underlying offense upon which the
12    hate crime is based is felony aggravated assault or felony
13    mob action.
14        (M) A second or subsequent conviction for the offense
15    of institutional vandalism if the damage to the property
16    exceeds $300.
17        (N) A Class 3 felony violation of paragraph (1) of
18    subsection (a) of Section 2 of the Firearm Owners
19    Identification Card Act.
20        (O) A violation of Section 12-6.1 or 12-6.5 of the
21    Criminal Code of 1961 or the Criminal Code of 2012.
22        (P) A violation of paragraph (1), (2), (3), (4), (5),
23    or (7) of subsection (a) of Section 11-20.1 of the Criminal
24    Code of 1961 or the Criminal Code of 2012.
25        (Q) A violation of subsection (b) or (b-5) of Section
26    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

 

 

HB6193- 80 -LRB099 17059 RLC 41417 b

1    Code of 1961 or the Criminal Code of 2012.
2        (R) A violation of Section 24-3A of the Criminal Code
3    of 1961 or the Criminal Code of 2012.
4        (S) (Blank).
5        (T) A second or subsequent violation of the
6    Methamphetamine Control and Community Protection Act.
7        (U) A second or subsequent violation of Section 6-303
8    of the Illinois Vehicle Code committed while his or her
9    driver's license, permit, or privilege was revoked because
10    of a violation of Section 9-3 of the Criminal Code of 1961
11    or the Criminal Code of 2012, relating to the offense of
12    reckless homicide, or a similar provision of a law of
13    another state.
14        (V) A violation of paragraph (4) of subsection (c) of
15    Section 11-20.1B or paragraph (4) of subsection (c) of
16    Section 11-20.3 of the Criminal Code of 1961, or paragraph
17    (6) of subsection (a) of Section 11-20.1 of the Criminal
18    Code of 2012 when the victim is under 13 years of age and
19    the defendant has previously been convicted under the laws
20    of this State or any other state of the offense of child
21    pornography, aggravated child pornography, aggravated
22    criminal sexual abuse, aggravated criminal sexual assault,
23    predatory criminal sexual assault of a child, or any of the
24    offenses formerly known as rape, deviate sexual assault,
25    indecent liberties with a child, or aggravated indecent
26    liberties with a child where the victim was under the age

 

 

HB6193- 81 -LRB099 17059 RLC 41417 b

1    of 18 years or an offense that is substantially equivalent
2    to those offenses.
3        (W) A violation of Section 24-3.5 of the Criminal Code
4    of 1961 or the Criminal Code of 2012.
5        (X) A violation of subsection (a) of Section 31-1a of
6    the Criminal Code of 1961 or the Criminal Code of 2012.
7        (Y) A conviction for unlawful possession of a firearm
8    by a street gang member when the firearm was loaded or
9    contained firearm ammunition.
10        (Z) A Class 1 felony committed while he or she was
11    serving a term of probation or conditional discharge for a
12    felony.
13        (AA) Theft of property exceeding $500,000 and not
14    exceeding $1,000,000 in value.
15        (BB) Laundering of criminally derived property of a
16    value exceeding $500,000.
17        (CC) Knowingly selling, offering for sale, holding for
18    sale, or using 2,000 or more counterfeit items or
19    counterfeit items having a retail value in the aggregate of
20    $500,000 or more.
21        (DD) A conviction for aggravated assault under
22    paragraph (6) of subsection (c) of Section 12-2 of the
23    Criminal Code of 1961 or the Criminal Code of 2012 if the
24    firearm is aimed toward the person against whom the firearm
25    is being used.
26    (3) (Blank).

 

 

HB6193- 82 -LRB099 17059 RLC 41417 b

1    (4) A minimum term of imprisonment of not less than 10
2consecutive days or 30 days of community service shall be
3imposed for a violation of paragraph (c) of Section 6-303 of
4the Illinois Vehicle Code.
5    (4.1) (Blank).
6    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
7this subsection (c), a minimum of 100 hours of community
8service shall be imposed for a second violation of Section
96-303 of the Illinois Vehicle Code.
10    (4.3) A minimum term of imprisonment of 30 days or 300
11hours of community service, as determined by the court, shall
12be imposed for a second violation of subsection (c) of Section
136-303 of the Illinois Vehicle Code.
14    (4.4) Except as provided in paragraphs (4.5), (4.6), and
15(4.9) of this subsection (c), a minimum term of imprisonment of
1630 days or 300 hours of community service, as determined by the
17court, shall be imposed for a third or subsequent violation of
18Section 6-303 of the Illinois Vehicle Code.
19    (4.5) A minimum term of imprisonment of 30 days shall be
20imposed for a third violation of subsection (c) of Section
216-303 of the Illinois Vehicle Code.
22    (4.6) Except as provided in paragraph (4.10) of this
23subsection (c), a minimum term of imprisonment of 180 days
24shall be imposed for a fourth or subsequent violation of
25subsection (c) of Section 6-303 of the Illinois Vehicle Code.
26    (4.7) A minimum term of imprisonment of not less than 30

 

 

HB6193- 83 -LRB099 17059 RLC 41417 b

1consecutive days, or 300 hours of community service, shall be
2imposed for a violation of subsection (a-5) of Section 6-303 of
3the Illinois Vehicle Code, as provided in subsection (b-5) of
4that Section.
5    (4.8) A mandatory prison sentence shall be imposed for a
6second violation of subsection (a-5) of Section 6-303 of the
7Illinois Vehicle Code, as provided in subsection (c-5) of that
8Section. The person's driving privileges shall be revoked for a
9period of not less than 5 years from the date of his or her
10release from prison.
11    (4.9) A mandatory prison sentence of not less than 4 and
12not more than 15 years shall be imposed for a third violation
13of subsection (a-5) of Section 6-303 of the Illinois Vehicle
14Code, as provided in subsection (d-2.5) of that Section. The
15person's driving privileges shall be revoked for the remainder
16of his or her life.
17    (4.10) A mandatory prison sentence for a Class 1 felony
18shall be imposed, and the person shall be eligible for an
19extended term sentence, for a fourth or subsequent violation of
20subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
21as provided in subsection (d-3.5) of that Section. The person's
22driving privileges shall be revoked for the remainder of his or
23her life.
24    (5) The court may sentence a corporation or unincorporated
25association convicted of any offense to:
26        (A) a period of conditional discharge;

 

 

HB6193- 84 -LRB099 17059 RLC 41417 b

1        (B) a fine;
2        (C) make restitution to the victim under Section 5-5-6
3    of this Code.
4    (5.1) In addition to any other penalties imposed, and
5except as provided in paragraph (5.2) or (5.3), a person
6convicted of violating subsection (c) of Section 11-907 of the
7Illinois Vehicle Code shall have his or her driver's license,
8permit, or privileges suspended for at least 90 days but not
9more than one year, if the violation resulted in damage to the
10property of another person.
11    (5.2) In addition to any other penalties imposed, and
12except as provided in paragraph (5.3), a person convicted of
13violating subsection (c) of Section 11-907 of the Illinois
14Vehicle Code shall have his or her driver's license, permit, or
15privileges suspended for at least 180 days but not more than 2
16years, if the violation resulted in injury to another person.
17    (5.3) In addition to any other penalties imposed, a person
18convicted of violating subsection (c) of Section 11-907 of the
19Illinois Vehicle Code shall have his or her driver's license,
20permit, or privileges suspended for 2 years, if the violation
21resulted in the death of another person.
22    (5.4) In addition to any other penalties imposed, a person
23convicted of violating Section 3-707 of the Illinois Vehicle
24Code shall have his or her driver's license, permit, or
25privileges suspended for 3 months and until he or she has paid
26a reinstatement fee of $100.

 

 

HB6193- 85 -LRB099 17059 RLC 41417 b

1    (5.5) In addition to any other penalties imposed, a person
2convicted of violating Section 3-707 of the Illinois Vehicle
3Code during a period in which his or her driver's license,
4permit, or privileges were suspended for a previous violation
5of that Section shall have his or her driver's license, permit,
6or privileges suspended for an additional 6 months after the
7expiration of the original 3-month suspension and until he or
8she has paid a reinstatement fee of $100.
9    (6) (Blank).
10    (7) (Blank).
11    (8) (Blank).
12    (9) A defendant convicted of a second or subsequent offense
13of ritualized abuse of a child may be sentenced to a term of
14natural life imprisonment.
15    (10) (Blank).
16    (11) The court shall impose a minimum fine of $1,000 for a
17first offense and $2,000 for a second or subsequent offense
18upon a person convicted of or placed on supervision for battery
19when the individual harmed was a sports official or coach at
20any level of competition and the act causing harm to the sports
21official or coach occurred within an athletic facility or
22within the immediate vicinity of the athletic facility at which
23the sports official or coach was an active participant of the
24athletic contest held at the athletic facility. For the
25purposes of this paragraph (11), "sports official" means a
26person at an athletic contest who enforces the rules of the

 

 

HB6193- 86 -LRB099 17059 RLC 41417 b

1contest, such as an umpire or referee; "athletic facility"
2means an indoor or outdoor playing field or recreational area
3where sports activities are conducted; and "coach" means a
4person recognized as a coach by the sanctioning authority that
5conducted the sporting event.
6    (12) A person may not receive a disposition of court
7supervision for a violation of Section 5-16 of the Boat
8Registration and Safety Act if that person has previously
9received a disposition of court supervision for a violation of
10that Section.
11    (13) A person convicted of or placed on court supervision
12for an assault or aggravated assault when the victim and the
13offender are family or household members as defined in Section
14103 of the Illinois Domestic Violence Act of 1986 or convicted
15of domestic battery or aggravated domestic battery may be
16required to attend a Partner Abuse Intervention Program under
17protocols set forth by the Illinois Department of Human
18Services under such terms and conditions imposed by the court.
19The costs of such classes shall be paid by the offender.
20    (d) In any case in which a sentence originally imposed is
21vacated, the case shall be remanded to the trial court. The
22trial court shall hold a hearing under Section 5-4-1 of the
23Unified Code of Corrections which may include evidence of the
24defendant's life, moral character and occupation during the
25time since the original sentence was passed. The trial court
26shall then impose sentence upon the defendant. The trial court

 

 

HB6193- 87 -LRB099 17059 RLC 41417 b

1may impose any sentence which could have been imposed at the
2original trial subject to Section 5-5-4 of the Unified Code of
3Corrections. If a sentence is vacated on appeal or on
4collateral attack due to the failure of the trier of fact at
5trial to determine beyond a reasonable doubt the existence of a
6fact (other than a prior conviction) necessary to increase the
7punishment for the offense beyond the statutory maximum
8otherwise applicable, either the defendant may be re-sentenced
9to a term within the range otherwise provided or, if the State
10files notice of its intention to again seek the extended
11sentence, the defendant shall be afforded a new trial.
12    (e) In cases where prosecution for aggravated criminal
13sexual abuse under Section 11-1.60 or 12-16 of the Criminal
14Code of 1961 or the Criminal Code of 2012 results in conviction
15of a defendant who was a family member of the victim at the
16time of the commission of the offense, the court shall consider
17the safety and welfare of the victim and may impose a sentence
18of probation only where:
19        (1) the court finds (A) or (B) or both are appropriate:
20            (A) the defendant is willing to undergo a court
21        approved counseling program for a minimum duration of 2
22        years; or
23            (B) the defendant is willing to participate in a
24        court approved plan including but not limited to the
25        defendant's:
26                (i) removal from the household;

 

 

HB6193- 88 -LRB099 17059 RLC 41417 b

1                (ii) restricted contact with the victim;
2                (iii) continued financial support of the
3            family;
4                (iv) restitution for harm done to the victim;
5            and
6                (v) compliance with any other measures that
7            the court may deem appropriate; and
8        (2) the court orders the defendant to pay for the
9    victim's counseling services, to the extent that the court
10    finds, after considering the defendant's income and
11    assets, that the defendant is financially capable of paying
12    for such services, if the victim was under 18 years of age
13    at the time the offense was committed and requires
14    counseling as a result of the offense.
15    Probation may be revoked or modified pursuant to Section
165-6-4; except where the court determines at the hearing that
17the defendant violated a condition of his or her probation
18restricting contact with the victim or other family members or
19commits another offense with the victim or other family
20members, the court shall revoke the defendant's probation and
21impose a term of imprisonment.
22    For the purposes of this Section, "family member" and
23"victim" shall have the meanings ascribed to them in Section
2411-0.1 of the Criminal Code of 2012.
25    (f) (Blank).
26    (g) Whenever a defendant is convicted of an offense under

 

 

HB6193- 89 -LRB099 17059 RLC 41417 b

1Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
211-14.3, 11-14.4 except for an offense that involves keeping a
3place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
411-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
512-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
6Criminal Code of 2012, the defendant shall undergo medical
7testing to determine whether the defendant has any sexually
8transmissible disease, including a test for infection with
9human immunodeficiency virus (HIV) or any other identified
10causative agent of acquired immunodeficiency syndrome (AIDS).
11Any such medical test shall be performed only by appropriately
12licensed medical practitioners and may include an analysis of
13any bodily fluids as well as an examination of the defendant's
14person. Except as otherwise provided by law, the results of
15such test shall be kept strictly confidential by all medical
16personnel involved in the testing and must be personally
17delivered in a sealed envelope to the judge of the court in
18which the conviction was entered for the judge's inspection in
19camera. Acting in accordance with the best interests of the
20victim and the public, the judge shall have the discretion to
21determine to whom, if anyone, the results of the testing may be
22revealed. The court shall notify the defendant of the test
23results. The court shall also notify the victim if requested by
24the victim, and if the victim is under the age of 15 and if
25requested by the victim's parents or legal guardian, the court
26shall notify the victim's parents or legal guardian of the test

 

 

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1results. The court shall provide information on the
2availability of HIV testing and counseling at Department of
3Public Health facilities to all parties to whom the results of
4the testing are revealed and shall direct the State's Attorney
5to provide the information to the victim when possible. A
6State's Attorney may petition the court to obtain the results
7of any HIV test administered under this Section, and the court
8shall grant the disclosure if the State's Attorney shows it is
9relevant in order to prosecute a charge of criminal
10transmission of HIV under Section 12-5.01 or 12-16.2 of the
11Criminal Code of 1961 or the Criminal Code of 2012 against the
12defendant. The court shall order that the cost of any such test
13shall be paid by the county and may be taxed as costs against
14the convicted defendant.
15    (g-5) When an inmate is tested for an airborne communicable
16disease, as determined by the Illinois Department of Public
17Health including but not limited to tuberculosis, the results
18of the test shall be personally delivered by the warden or his
19or her designee in a sealed envelope to the judge of the court
20in which the inmate must appear for the judge's inspection in
21camera if requested by the judge. Acting in accordance with the
22best interests of those in the courtroom, the judge shall have
23the discretion to determine what if any precautions need to be
24taken to prevent transmission of the disease in the courtroom.
25    (h) Whenever a defendant is convicted of an offense under
26Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

 

 

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1defendant shall undergo medical testing to determine whether
2the defendant has been exposed to human immunodeficiency virus
3(HIV) or any other identified causative agent of acquired
4immunodeficiency syndrome (AIDS). Except as otherwise provided
5by law, the results of such test shall be kept strictly
6confidential by all medical personnel involved in the testing
7and must be personally delivered in a sealed envelope to the
8judge of the court in which the conviction was entered for the
9judge's inspection in camera. Acting in accordance with the
10best interests of the public, the judge shall have the
11discretion to determine to whom, if anyone, the results of the
12testing may be revealed. The court shall notify the defendant
13of a positive test showing an infection with the human
14immunodeficiency virus (HIV). The court shall provide
15information on the availability of HIV testing and counseling
16at Department of Public Health facilities to all parties to
17whom the results of the testing are revealed and shall direct
18the State's Attorney to provide the information to the victim
19when possible. A State's Attorney may petition the court to
20obtain the results of any HIV test administered under this
21Section, and the court shall grant the disclosure if the
22State's Attorney shows it is relevant in order to prosecute a
23charge of criminal transmission of HIV under Section 12-5.01 or
2412-16.2 of the Criminal Code of 1961 or the Criminal Code of
252012 against the defendant. The court shall order that the cost
26of any such test shall be paid by the county and may be taxed as

 

 

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1costs against the convicted defendant.
2    (i) All fines and penalties imposed under this Section for
3any violation of Chapters 3, 4, 6, and 11 of the Illinois
4Vehicle Code, or a similar provision of a local ordinance, and
5any violation of the Child Passenger Protection Act, or a
6similar provision of a local ordinance, shall be collected and
7disbursed by the circuit clerk as provided under Section 27.5
8of the Clerks of Courts Act.
9    (j) In cases when prosecution for any violation of Section
1011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
15Code of 2012, any violation of the Illinois Controlled
16Substances Act, any violation of the Cannabis Control Act, or
17any violation of the Methamphetamine Control and Community
18Protection Act results in conviction, a disposition of court
19supervision, or an order of probation granted under Section 10
20of the Cannabis Control Act, Section 410 of the Illinois
21Controlled Substances Act, or Section 70 of the Methamphetamine
22Control and Community Protection Act of a defendant, the court
23shall determine whether the defendant is employed by a facility
24or center as defined under the Child Care Act of 1969, a public
25or private elementary or secondary school, or otherwise works
26with children under 18 years of age on a daily basis. When a

 

 

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1defendant is so employed, the court shall order the Clerk of
2the Court to send a copy of the judgment of conviction or order
3of supervision or probation to the defendant's employer by
4certified mail. If the employer of the defendant is a school,
5the Clerk of the Court shall direct the mailing of a copy of
6the judgment of conviction or order of supervision or probation
7to the appropriate regional superintendent of schools. The
8regional superintendent of schools shall notify the State Board
9of Education of any notification under this subsection.
10    (j-5) A defendant at least 17 years of age who is convicted
11of a felony and who has not been previously convicted of a
12misdemeanor or felony and who is sentenced to a term of
13imprisonment in the Illinois Department of Corrections shall as
14a condition of his or her sentence be required by the court to
15attend educational courses designed to prepare the defendant
16for a high school diploma and to work toward a high school
17diploma or to work toward passing high school equivalency
18testing or to work toward completing a vocational training
19program offered by the Department of Corrections. If a
20defendant fails to complete the educational training required
21by his or her sentence during the term of incarceration, the
22Prisoner Review Board shall, as a condition of mandatory
23supervised release, require the defendant, at his or her own
24expense, to pursue a course of study toward a high school
25diploma or passage of high school equivalency testing. The
26Prisoner Review Board shall revoke the mandatory supervised

 

 

HB6193- 94 -LRB099 17059 RLC 41417 b

1release of a defendant who wilfully fails to comply with this
2subsection (j-5) upon his or her release from confinement in a
3penal institution while serving a mandatory supervised release
4term; however, the inability of the defendant after making a
5good faith effort to obtain financial aid or pay for the
6educational training shall not be deemed a wilful failure to
7comply. The Prisoner Review Board shall recommit the defendant
8whose mandatory supervised release term has been revoked under
9this subsection (j-5) as provided in Section 3-3-9. This
10subsection (j-5) does not apply to a defendant who has a high
11school diploma or has successfully passed high school
12equivalency testing. This subsection (j-5) does not apply to a
13defendant who is determined by the court to be a person with a
14developmental disability or otherwise mentally incapable of
15completing the educational or vocational program.
16    (k) (Blank).
17    (l) (A) Except as provided in paragraph (C) of subsection
18(l), whenever a defendant, who is an alien as defined by the
19Immigration and Nationality Act, is convicted of any felony or
20misdemeanor offense, the court after sentencing the defendant
21may, upon motion of the State's Attorney, hold sentence in
22abeyance and remand the defendant to the custody of the
23Attorney General of the United States or his or her designated
24agent to be deported when:
25        (1) a final order of deportation has been issued
26    against the defendant pursuant to proceedings under the

 

 

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1    Immigration and Nationality Act, and
2        (2) the deportation of the defendant would not
3    deprecate the seriousness of the defendant's conduct and
4    would not be inconsistent with the ends of justice.
5    Otherwise, the defendant shall be sentenced as provided in
6this Chapter V.
7    (B) If the defendant has already been sentenced for a
8felony or misdemeanor offense, or has been placed on probation
9under Section 10 of the Cannabis Control Act, Section 410 of
10the Illinois Controlled Substances Act, or Section 70 of the
11Methamphetamine Control and Community Protection Act, the
12court may, upon motion of the State's Attorney to suspend the
13sentence imposed, commit the defendant to the custody of the
14Attorney General of the United States or his or her designated
15agent when:
16        (1) a final order of deportation has been issued
17    against the defendant pursuant to proceedings under the
18    Immigration and Nationality Act, and
19        (2) the deportation of the defendant would not
20    deprecate the seriousness of the defendant's conduct and
21    would not be inconsistent with the ends of justice.
22    (C) This subsection (l) does not apply to offenders who are
23subject to the provisions of paragraph (2) of subsection (a) of
24Section 3-6-3.
25    (D) Upon motion of the State's Attorney, if a defendant
26sentenced under this Section returns to the jurisdiction of the

 

 

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1United States, the defendant shall be recommitted to the
2custody of the county from which he or she was sentenced.
3Thereafter, the defendant shall be brought before the
4sentencing court, which may impose any sentence that was
5available under Section 5-5-3 at the time of initial
6sentencing. In addition, the defendant shall not be eligible
7for additional sentence credit for good conduct as provided
8under Section 3-6-3.
9    (m) A person convicted of criminal defacement of property
10under Section 21-1.3 of the Criminal Code of 1961 or the
11Criminal Code of 2012, in which the property damage exceeds
12$300 and the property damaged is a school building, shall be
13ordered to perform community service that may include cleanup,
14removal, or painting over the defacement.
15    (n) The court may sentence a person convicted of a
16violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
17subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
18of 1961 or the Criminal Code of 2012 (i) to an impact
19incarceration program if the person is otherwise eligible for
20that program under Section 5-8-1.1, (ii) to community service,
21or (iii) if the person is an addict or alcoholic, as defined in
22the Alcoholism and Other Drug Abuse and Dependency Act, to a
23substance or alcohol abuse program licensed under that Act.
24    (o) Whenever a person is convicted of a sex offense as
25defined in Section 2 of the Sex Offender Registration Act, the
26defendant's driver's license or permit shall be subject to

 

 

HB6193- 97 -LRB099 17059 RLC 41417 b

1renewal on an annual basis in accordance with the provisions of
2license renewal established by the Secretary of State.
3(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
499-143, eff. 7-27-15.)
 
5    (730 ILCS 5/5-9-1.10)
6    Sec. 5-9-1.10. Additional fines. There shall be added to
7every penalty imposed in sentencing for a violation of Sections
824-1.1, 24-1.1-5, 24-1.2, or 24-1.5 of the Criminal Code of
91961 or the Criminal Code of 2012 an additional fine of $100
10payable to the clerk, which shall be imposed upon the entry of
11a judgment of conviction. This additional fee, less 2 1/2% that
12shall be used to defray administrative costs incurred by the
13clerk, shall be remitted by the clerk to the Treasurer within
1460 days after receipt for deposit into the Trauma Center Fund.
15This additional fee of $100 shall not be considered a part of
16the fine for purposes of any reduction in the fine for time
17served either before or after sentencing. Not later than March
181 of each year the circuit clerk shall submit a report of the
19amount of funds remitted to the State Treasurer under this
20Section during the preceding calendar year. All moneys
21collected by the circuit clerk and remitted to the State
22Treasurer under Section 27.6 of the Clerks of Courts Act shall
23be deposited into the Trauma Center Fund for distribution as
24provided under Section 3.225 of the Emergency Medical Services
25(EMS) Systems Act.

 

 

HB6193- 98 -LRB099 17059 RLC 41417 b

1(Source: P.A. 97-1150, eff. 1-25-13.)

 

 

HB6193- 99 -LRB099 17059 RLC 41417 b

1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 46/25
4    625 ILCS 5/6-106.1from Ch. 95 1/2, par. 6-106.1
5    625 ILCS 5/6-508from Ch. 95 1/2, par. 6-508
6    705 ILCS 105/27.6
7    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
8    720 ILCS 5/24-1.1-5 new
9    720 ILCS 5/24-1.6
10    720 ILCS 5/24-1.8
11    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
12    730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3
13    730 ILCS 5/5-9-1.10